Republic of the Philippines

City of Tagbilaran

THE FIFTEENTH SANGGUNIANG PANLUNGSOD

Tagbilaran City Hall, 6300 Tagbilaran City Telephone Nos. (038) 411-2222 local 154

PROPOSED ORDINANCE NO. 12-23

INSTITUTING THE TAGBILARAN CITY MARKET CODE OF 2023

WHEREAS, it is the policy of the City of Tagbilaran to promote within its territorial
jurisdiction various economic and livelihood opportunities to all its constituents and to
make its public and private markets economically viable that would significantly
contribute to the national and local economy;

WHEREAS, regulating the establishments, classifications, administrations and

operations of both government and privately-owned markets within the territorial
jurisdiction of Tagbilaran City will benefit the economic condition of the city and will
create a stress-free and more convenient environment for the buying public;

WHEREAS, through the institution and establishment of market buildings,

spaces, vendor centers and other facilities, including special markets, busy streets and
sidewalks crowded by ambulant vendors will be decongested to the best interest of its
constituents;

NOW THEREFORE, the Sangguniang Panlungsod in the City of Tagbilaran, in a

regular session assembled, hereby ordains, that:

TITLE I. GENERAL PROVISIONS

Section 1. Title – This ordinance shall be known as THE TAGBILARAN CITY

MARKET CODE OF 2023.

Section 2. Scope of Application – This Code shall apply to and govern the
administration and operation of government owned and operated markets of any kind
and classification in Tagbilaran City and the imposition and collection of market rentals,
fees, penalties and other charges for the occupancy of any part thereof. This shall
likewise, seek to regulate and monitor as far as practicable the operation of all markets
and similar activities within the territorial jurisdiction of Tagbilaran City.

Section 3. Definition of Terms. – The following definition of terms shall be applicable

in the interpretation of the provisions of this Code:

a) Ambulant/Transient or itinerant vendors – are those vendors who sell

their merchandise by moving from one place to another and are not
occupying a permanent stall or space in the public market.

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b) Auction – means a public sale of commodities through bidding which
will be undertaken by the auctioneer, who will mediate between the
suppliers and bidders (potential buyers).

c) Bagsakan – refers to an open area, which served as a service

landing area for goods in bulks delivered by suppliers and producers
for wholesale purposes.

d) Carenderia - refers to any public eating-place, where pre-cooked

foods are served and sold.
e) Committee – Refers to the Tagbilaran City Market Committee.

f) Cargador/Carrier/Loader – refers to any person who for a fee carries

goods or merchandise from one place to another for the
convenience of vendors and consumers.

g) Cereals – refers to rice, corn and other marketable and consumable

grains.

h) Charge – refers to a pecuniary liability imposed against property and

persons in a form of rent or fee.
i) Cold Storage – refers to a place where perishable goods are stored
and preserved.

j) Dealer –means one whose business is to buy and sell merchandise,

goods, and chattels as a merchant. He stands immediately between
the producer or manufacturer and the consumer and depends for his
profit not upon the labor he bestows upon his commodities but upon
the skill and foresight with which he watches the market.

k) Dry Goods – refers to all kinds of textiles, ready-to-wear dresses and

apparels, toiletries, novelties, shoes, laces, kitchen wares, utensils
and other household articles, handbags and supplies of the same
nature.

l) Extension area – refers to an area utilized by the stall/space holder

for the display of their goods or service to its customer beyond the
original area covered by the lease.

m) Government Owned and/or Operated Markets – are those markets

established out of public funds or those leased or acquired by the
government from private persons or entities through any other form
of conveyances.

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n) Lease / Lease Contract – refers to a written agreement through
which the City of Tagbilaran conveys possession and occupancy for
a specified period and for a specified rent of any portion of its market
buildings or spaces to another person who binds and accepts the
same.
o) Lessee – refers to a person having in his/her possession a duly
executed contract of lease for a specified rental, granted in his/her
favor by the City of Tagbilaran

p) Lessor – refers to the City of Tagbilaran or its authorized

representative who transfers, conveys and assigns the temporary
possession and occupancy of any real property or any portion
thereof, for specified rental and period by an agreement or contract
of lease.

q) License or permit – refers to a privilege or permission granted in

accordance with law or ordinance by a competent authority to
engage in some businesses, occupations or transactions.

r) Market – a place where people can gather to facilitate the exchange

of goods and services. The parties involved are usually buyers and
sellers.

s) Market Fees – refers to the pecuniary liability in relation to being

given the privilege of doing business as contained under this
Ordinance, such as, but not limited to, stall rental fees, landing fees,
parking fees, entrance fees and other charges.

t) Market premises – refers to any space in the market compound

including the bare ground not covered by market buildings.

u) Market sections- refers to classified stalls and spaces selling the

same nature and kind of goods and services in a specified area.

v) Market stalls – refers to any specified and assigned area or booth in

the public market where merchandises or services are sold or
offered.

w) Parking Fees – are the fees collected or exacted from the use of the
parking areas or bays within and in the surrounding premises of
every city market owned and operated by the City Government of
Tagbilaran.

x) Peddler – refers to a person who, either for himself or on commission

travels from one place to another in order to sell his goods.

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y) Public Market – refers to any space, building or structure of any kind
owned and/or operated by the City of Tagbilaran, constructed for the
purpose of providing space and/or stalls where goods of any kind
and services maybe sold or offered.

• Satellite Market – an ancillary market in support of the City

Central Markets in Tagbilaran City’s business centers
functioning to serve a sizeable population base and carrying
varied lines of commodities and household goods and
operates to decongest the city’s leading Market Centers.

• Wet Market – a market where most of the commodities for

sale are readily perishable goods.

• Dry Market – a market where most of the merchandise

displayed for sale are dry goods.

• Special Market – market that specializes in only one type of

commodity, such as: Fish Market, Fruit Market, Flower
Market, etc.

• Night Market – street market or open-air bazaar which

operates at certain hours at night allowing the selling of
foodstuffs, wares and other merchandise, and is generally
dedicated to leisurely strolling, shopping, and eating.

z) Rental fee –means a charge fixed by law or agency in the form of

money or otherwise for the enjoyment or use of a thing

aa) Retail – means a sale where the purchaser buys the

commodity for his own consumption, irrespective of the quantity of
the commodity bought.

bb) Stallholders – refers to those who have been granted the

permission or privilege to use a stall or booth, where they can
display and sell their goods and pay rentals thereon.

cc) Support facilities – refers to service areas provided, to support

operations of the market including the Bagsakan, waste collection
station, poultry dressing area, ice and cold storage facilities,
warehouse and storage rooms, toilets, parking area,
slaughterhouses, trading posts.

dd) Sublease – an act whereby the lessee entered into an

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 agreement, whether verbal or written with any third person having as
its subject matter the possession and occupancy of any stall or
market space within any public market owned and belonging to or
administered or operated by the City of Tagbilaran. The operation
and administration of the stall by any person other than the lessee or
authorized helper is prima facie evidence of subleasing.

ee) Tax – means an assessment or imposition, usually monetary

in form, levied by the law-making body on persons and property
subject to its jurisdiction for the purpose of supporting government
expenditures.

ff) Vendor – refers to a person who sells goods, commodities or foodstuff.

gg) Wholesale – means a sale where the purchaser buys the

commodity for resale, regardless of the quantity of the goods bought.

TITLE II. ENUMERATION OF EXISTING PUBLIC MARKETS, THEIR BOUNDARIES,

CLASSIFICATION, SECTIONING AND STRATIFICATION

Section 4. Enumeration of Existing Public Markets and Their Locations – The

following are the Public Markets of the City Government of Tagbilaran and their
corresponding boundaries; to wit:

a.) Tagbilaran City Central Public Market;

b.) IBT Satellite Market;
c.) Cogon Market;
d.) Manga Public Market; and,
e.) Fishport Public Market.

Section 5. Sectioning in the City Markets of Tagbilaran – The Markets in Tagbilaran

City are divided into sections, as follows:

a.) Carenderia Section – is the market section which serves all kinds of cooked
foods, including refreshments, coffee and other non-intoxicating drinks;

b.) Cold Storage Service Section – is the market section which provides facilities for
refrigeration as well as the sale of ice in whatever form or size;

c.) Dry Goods Section – is the market section which sells all kinds of textiles, ready-
made dressers and apparels, toiletries, novelties, shoes, laces, kitchenwares,
utensils, and other household articles, handbags, school and office supplies;

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 d.) Variety Section – is the market section which sells grains, grocery items,
pharmaceutical items;

e.) Fish Section – is the market section which sells fish, clams, oysters, lobsters,
shrimps, seaweeds, and other marine products;

f.) Fruits and Processed Native Delicacies Section – is the market section which
sells all kinds of fruits and native delicacies;

g.) Flower Shop Section – is the market section which sells all kinds of flowers,
arranged or otherwise;

h.) Poultry Shop Section – is the market section which sells dressed turkeys,
chicken, ducks, birds, other fowls and eggs;

i.) Meat Section – is the market section which sells all kinds of meat including
processed meat products;

j.) Vegetable Section – is the market section which sells all kinds of vegetable, root
crops, and all kinds of spices;

k.) Services Section – is the market section which provides services like grooming,
haircare, and other personal care services;

l.) Other Goods Section – is the market section where services for grinding meat,
coconut meat, rice, beans and other allied products;

m.)Dried and Salted Fish Section – is the market section which sells any kind of
dried and salted fish products;

n.) Plants and Garden Section – refers to the area where all kinds of
plants/ornamentals, garden accessories and implements or tools are being sold.

o.) Agrivet Section – refers to the section which sells pesticides, fertilizers, seeds,
veterinary medicines, animal feeds, and other related agricultural products;

p.) Native Products Sections – refers to the section which sells all kinds of products
made from indigenous materials taken from Philippine forests and seas such as
seashells, bags made of abaca or pandan, figurines and any other by products
specially made for decorations and/or souvenirs.

Section 6. Stratification of Stalls and Spaces According to Sales Potentials and

Other Special Market Activities – These are:

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 a.) Special Market Activity/ies;
b.) Socialized Sales Area;
c.) Secondary Stalls and Spaces; and,
d.) Primary Stalls and Spaces.

TITLE III. THE TAGBILARAN CITY PUBLIC MARKET COMMITTEE

Section 7. Creation – For the attainment of the objectives enunciated by this Code, a
committee is hereby created which shall henceforth be known as the Tagbilaran City
Public Market Committee.

Section 8. Composition – The Committee shall be composed of the following:

City Mayor - Chairman
City Vice Mayor - Vice Chairman
City Administrator - Member
Market Administrator - Member
SP Chairperson for Ways and Means - Member
SP Chairperson for Economic Enterprise - Member
City Treasurer - Member
City Legal Officer - Member
City Economic Enterprise Head - Member
City Engineer - Member
City Planning and Development Office, Head - Member
City General Services Officer - Member
City Budget Officer - Member
Business Permit and Licensing Office, Head - Member
Representative of Market Vendors Assoc. - Member

Section 9. Power and Functions. The Committee shall:

a) Conduct the drawing of lots and opening of bids in connection with the
adjudication of vacant or newly constructed stalls or booth in any of the City
Public Markets, and award market stalls to qualified parties;
b) Formulate policies, rules and regulations for market operations and
administration.
c) Conduct periodic review of municipal market operation;
d) Determine and fix market rates and fees at levels in order to render market
operations economically viable and self-reliant, subject to the approval of the
Sangguniang Panlungsod;
e) Hear and Settle grievances arising out of market operations and administration;
and,
f) Perform all other acts which are necessary for the operation and administration
of public markets within the City of Tagbilaran.

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Section 10. Term of Office – All members of the Tagbilaran City Public Market
Committee shall hold office for the duration of the terms of the office to which they were
elected or appointed. In the case of the SP representative, he/she shall hold office for as
long as he/she is still the Chairperson of the SP committee concerned.

Section 11. Meeting – The Tagbilaran City Public Market Committee shall have its
regular meeting every first Wednesday of the month, however, the Chairperson may call
a special meeting anytime for the purpose of taking up specific matters upon request
from any of its members.

Section 12. Excerpts of Meetings – Results of proceeding in every meeting must be

fully documented and a copy shall be furnished to each member not later than five (5)
working days after each meeting held.

TITLE IV. SUPERVISION, ADMINISTRATION & ENFORCEMENT OF RULES AND

REGULATIONS

Section 13. General Supervision and Control – The City Mayor, through the City
Economic Enterprise Head, shall exercise general supervision, administration and
control over the operations of public markets and the personnel complement assigned
therewith, including those duties concerning the maintenance, upkeep, sanitation and
the peace and order in the market premises in accordance with laws, rules and
regulations of public markets and ordinances pertaining thereto.

Section 14. Immediate and Direct Supervision. – There shall be a Market

Administrator who shall exercise immediate and direct supervision and control over the
operation of public markets in the City of Tagbilaran and who shall enforce all
ordinances and regulations relative to the operation of the public market.
Each public market shall have one designated Market Supervisor who shall be under
the Market Administrator.

Section 15. Duties and Functions – The Market Administrator shall:

a.) Implement and execute the plans and policies of the Market Committee in the
operation of the public markets, concerning sanitation, cleanliness, security and
order within the market premises;
b.) Supervise and evaluate the activities and performance of his subordinates and
investigate all complaints relative thereto and recommend to the City Mayor
proper actions to be taken;
c.) Supervise, evaluate and administer market properties, including the acquisition,
maintenance, utilization and disposal thereof;
d.) Coordinate/cooperate with the City Treasurer matters related to the collection
and imposition of fees and charges in the City Markets; and
e.) Render Monthly Report to the Market Committee on the market operations for

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 appropriate action and evaluation.
f.) Monitor the designated Market Supervisors of every city market.

TITLE V. MARKET RULES AND REGULATIONS

Section 16. Enforcement of Rules and Regulations - The City Mayor through
the Market Administrator shall have the authority to enforce and implement these
market rules and regulations.

Section 17. Coverage - These market rules and regulations shall apply to all
employees of the market, market vendors and the general public who do business
inside the public markets.

Section 18. Opening and Closing Time – The opening time of all public markets
in the City of Tagbilaran shall be at 4:00 o’clock in the morning while the closing
time shall be at 9:00 o’clock in the evening. However, on the 29th of April, and 23rd
and 30th of December of every year, all markets may be open from 3:00AM to
12:00 midnight.

Section 19. Losses of Stallholders – The City Government of Tagbilaran shall

not be responsible for any loss or damage which stallholders may incur in the
market by reason of fire, theft, or force majeure. Any merchandise, goods, wares,
or commodities left in the markets during closure time shall be at the risk of the
stallholders.

Section 20. Prohibited Acts by market vendors in the conduct of business.

The following shall be prohibited:

a) Selling of goods not designated in assigned areas;

b) Unauthorized making of extensions of stalls beyond leased areas and/or
utilizing pathways for display of goods;
c) Short weighing and false measuring including tampering of standard
weights and measures;
d) Utilizing any of the stalls or market spaces as residence, living quarters,
or stock area/”bodega”;
e) Littering, vandalism and improper use of comfort rooms and non-
observance and cooperation on cleanliness and orderliness;
f) Selling or transferring the privilege to lease the stalls or spaces or
permitting another person to conduct business therein;
g) Bringing in motorcycles, bicycles, pushcarts and the like inside the
market compound;
h) Installation or removal of electrical wiring, or water connection without
prior permit from the market administrator and approved by the City
Treasurer;

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 i) Drinking, serving, or dispense liquor or any intoxicating drinks or
beverages, within the premises of the public market at any time of the
day;
j) Operation of videoke machines and the like;
k) Display and selling of illegal products/items

Section 21. Obligatory Duties and Responsibilities of The Market Vendors.

Market vendors are obliged to:

a) To secure business permit and have it renewed upon expiration. The

same must be conspicuously displayed at his/her stall ready for
inspection;
b) To keep his/her stall in good sanitary condition at all times, by having a
garbage can or receptacle of his/her own;
c) To pay promptly without demand his/her market dues and other fees at
the Market Office. In case of his/her failure to do so, pay all fines and
penalties accruing thereto;
d) To present and have their weighing scales calibrated and sealed at the
Market Office; and,
e) To follow all rules and regulations set by the Market Administrator.

Section 22. Sanctions and Penalties for Violation – Violations committed on

any of these market rules and regulations, not otherwise covered by the existing
law and ordinance, rules and regulations shall be punishable by a fine of not less
than one thousand (P1,000.00) pesos nor more than five thousand (P5,000.00)
pesos and/or imprisonment of not less than one month nor more than six months
or both at the discretion of the court.

Provided however, that in case of admission of guilt by the offender before

any case has been filed in the proper courts for such violation, he/she may be
allowed to pay the following compromise penalties:

a) First violation - Fine of P 2,000.00;

b) Second violation - Fine of P 5,000.00;
c) Third Violation - Fine of P 5,000.00 plus revocation of
permit and termination of lease contract.

Section 23. Temporary Closure and Monitoring of Violation – A temporary

closure of stall or business shall be summarily made upon non-payment of fines
and on any and all violations committed, upon due investigation and hearing
conducted by the Market Administrator. In case of the revocation of permit or

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termination of lease, the hearing shall be investigated and heard by the
Committee.

For effective monitoring, the Market Administrator shall always keep an

updated vendor’s conduct record where all violations will be recorded for ready
reference.

Section 24. Wearing of Uniforms and Identification Cards – All market

personnel shall wear uniforms and identification cards.

Section 25. Recognition of Cargadors or Carrier - The recognition of carriers in

the public market for the convenience of vendors and consumers alike is given
equal importance in the City’s market operation. Relative thereto, each carrier
must be provided by the Market Administrator with registration certificate and
identification card which shall be worn conspicuously while working as carrier,
provided that the carrier is a resident of Tagbilaran City, Bohol, in good health and
has not been convicted of any crime against property.

Section 26. Special Provision - This market rules and regulations shall be
suppletory only to laws, rules, and regulations, ordinances, resolutions and
memorandum, which governs and relates to the operation of public markets.

GUIDELINES FOR THE ADJUDICATION OF NEWLY CREATED AND

VACANT MARKET STALLS.

Section 27. Qualifications. The following requirements shall be met by the

applicant to be accommodated and qualified for the raffle/bidding:

a. All persons, whether natural or juridical, are qualified to participate in

the adjudication of vacant and newly created market stalls;
b. For natural persons, they must be a Filipino Citizen, a bona fide
resident and registered voter of the City of Tagbilaran, and must be
of legal age and capable to enter into a contract. Preference shall be
given to bona fide residents of Tagbilaran City;
c. For juridical persons, proof of legitimate registration from the
appropriate government agencies such as SEC Registration, CDA
Registration or DOLE Registration with office in the City of
Tagbilaran as shown in its certificate of registration or business
permit;
d. Must not have any arrears or financial obligation to the City
Government of Tagbilaran in terms of business taxes, real property
taxes, fees and other charges;

Section 28. Procedure for the Adjudication of Newly Created and Vacant
Market Stalls.

a. Posting of Notice of Vacancy. Notice of vacancy of the stalls or

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 booths shall be posted for a period of not less than ten (10) days
prior to the date of the actual award to qualified applicants to apprise
the public of the fact that such stalls are vacant and available for
lease. Such notice shall be posted in the bulletin board of the market
concerned.

An application fee shall be collected from each applicant to cover the

necessary expenses and any excess thereof shall accrue to the
income of the City Economic Enterprise.

b. Application must be under oath. The application should be made

under oath. It shall be submitted to the Office of the local market
authorities concerned by the applicant either in person or through
his/her authorized representative.

c. Registry of Book. It shall be duty of the local market committee to

keep a registry book indicating the names and addresses of all
applicants, the number and description of the Stall or Space applied
for, and the date and hour of receipt by the Office.

d. Application. The application form shown and attached as Annex “A”

hereof.

e. Acceptance of Applications. Acceptance of applications shall be

scheduled at least fifteen (15) days before the screening.

f. Screening. The Committee shall screen the applicants, specifically

as to the qualifications of applicants within five (5) days from the last
day of submission of applications.

g. Posting of Qualified Applicants. After the screening process, the

names of the qualified applicants must be posted in at least two (2)
conspicuous places in the City.

h. Raffle, Confirmation, Transmittal. The Committee shall conduct

the raffle or public bidding as the case may be, participated by all
qualified applicants, provided that said raffle or public bidding shall
be conducted within 10 days from posting of qualified applicants.

The winning applicants shall be confirmed and transmitted by the

Committee to the Sangguniang Panlungsod to form as basis for a
resolution regarding the execution of a Contract of Lease.

The adjudication of newly-created and vacant market stalls shall not

be more than 45 days.

Section 29. Raffle of Vacant Stalls or Spaces. The Committee shall

formulate the mechanism on the raffling or public bidding of vacant stalls or
spaces.

Section 30. Successful Applicants. The successful applicant shall furnish the
City Treasurer two copies of his or her picture immediately after the award of

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 the lease. It shall be the duty of the treasurer to affix one copy of the picture to
the application and the other copy tot the record card kept for that purpose.

Section 31. Minimum Bid Price. The following minimum bid price for a lease
term of five (5) years renewable for another five (5) years but must not exceed
a total of twenty-five (25) years shall be as follows:

For TAGBILARAN CITY CENTRAL PUBLIC MARKET AND COGON WET

MARKET and MANGA MARKET:

a. BLOCK A – One Hundred Thousand Pesos (P 100,000.00)

b. BLOCK B – Seventy Thousand Pesos (P 70,000.00)
c. BLOCK C – Fifty Thousand Pesos (P 50,000.00)

For COGON MARKET (NEW BUILDING):

a. BLOCK A – One Hundred Fifty Thousand Pesos (P150,000.00)

b. BLOCK B – One Hundred Twenty Thousand Pesos (P 120,000.00)
c. BLOCK C – One Hundred Thousand Pesos (P 100,000.00)

For MANGA MARKET:

a. BLOCK A – One Hundred Fifty Thousand Pesos (P70,000.00)

b. BLOCK B – One Hundred Twenty Thousand Pesos (P 50,000.00)
c. BLOCK C – One Hundred Thousand Pesos (P 30,000.00)

Provided that the minimum bid price for each renewal shall be set by a duly
existing ordinance.

The layout of the respective blocks and market stalls, herein attached as
Annex A-Tagbilaran City Central Public Market, Annex B – Cogon Market, Annex
C- Manga Market, shall be made integral parts of this Code.

Section 32. Confirmation of Bid. The applicant who submits the highest bid
price shall be awarded the subject vacant stall.

Section 33. Lease Contract Agreement. For every stall awarded, the
successful applicant must have signed a contract of lease and observe the
terms and conditions set forth therein. Documentation shall be at the expense
of the lessee.

Section 34. Certificate of Award to Successful Applicant of Vacant Market

Stall. To authenticate the results of the adjudication of the vacant stall(s), a
certificate of award shall be issued to the successful applicant.

The date of the issuance in the certificate of award shall be the basis of
determining the start of payment of rental by the successful applicant,
notwithstanding when the actual occupancy or start of business operation by
stallholder begins.

The Certificate of Award shall be issued within 10 days after the drawing
of lots/bidding as the case maybe.

Section 35. The Leased Premises shall be Occupied and Utilized Solely
by the Lessee. Any act of the lessee to sublease, sell, assign or transfer a part
or portion of the leased stall to other interested parties shall be considered

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 illegal and a ground for the termination of the lease contract and declaration of
the stall as vacant.

Section 36. Expiration, Validity and Term of the Contract of Lease. The
validity of the Contract of Lease shall be five (5) years and may be renewed
every five (5) years thereafter but it shall not exceed twenty five (25) years
from the date of the original lease contract. This is in consideration to the
giving of livelihood opportunities to others. The said contract shall be
automatically terminated upon the death of the lessee, voluntary surrender of
the leased premises or vacancy of the stall pursuant to a court decision or
destruction of the market stall by force majeure. It may also be terminated or
the stall deemed vacant pursuant to the provisions of this ordinance.

Section 37. Mandatory Periodic Review of the Contract of Lease. All

Contract of Lease shall be subjected to mandatory review every five (5) years
prior to its renewal, which shall be conducted by the Market Committee.

Section 38. Effect of Death of Lessee/Stallholder. Upon the death of the holder of
stall/Lessee, the contract of lease covering the stall shall be deemed terminated.
However, the surviving spouse, direct heirs and/or estate of the deceased who desire
to continue the lease and business of the deceased may apply and the lease maybe
then transferred to the qualified legal heir applicant; provided that the Board be
notified within 30 days after the death of the Lessee/Stallholder and upon payment of
all necessary rents or fees due at the time of death of the original Lessee by the legal
heir applicant. Provided, finally, that the transfer shall only be up to the remaining
period of the lease. Upon expiration of the lease term, the stall shall be declared
vacant and shall be subject to public bidding.

Section 39. Stall/Space Vacancy. – A market stall/space is deemed

vacant under any of the following conditions:
a) When it is newly constructed and not yet leased and awarded to
qualified applicant;
b) When it is declared vacant by the Committee by reason of
abandonment of the Lessee, and violations by the Lessee of any of
the terms and conditions of the contract of lease, policies, rules and
regulations promulgated for his/her observance;
c) Death of the Lessee;
d) Voluntary surrender by the Lessee; or
e) Physical incapacity of the Lessee to personally administer the stalls.

Section 40. Idle or Inactive Stalls. – Unless stall closure or inactivity is duly
approved by the Market Committee for justifiable reasons, any stall/space that
shall be idle for 1 month or 30 consecutive days for whatever reason shall be
declared abandoned or vacant and shall be subject to bidding and be awarded
to the qualified bidder upon payment of accrued rental dues and other fees,
However, before any stall/space may be declared as such, the Market
Administrator shall serve two (2) separate notices to the stallholder with a one
(1) week interval from the first notice.

Section 41. Vacancy of Stall or Space before Expiration of the Lease

Contract. If, for any reason, a lessee discontinues or is required to discontinue
his or her business before the expiration of the lease contract, such stall or
space shall be declared vacant and its occupancy thereafter shall be disposed

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 of in the manner provided by these rules.

Section 42. Occurrences not Mentioned. For all other occurrences and
circumstances relative to the raffle or occupation of vacant stall or space within
the Tagbilaran City Public Market Buildings and incidents thereto which are not
mentioned by these rules shall be deliberated upon by the Committee. Such
recommendations/s shall be submitted to the Sangguniang Panglungsod for
appropriate resolution.

Section 43. Extension of Stall Spaces. – There shall be no extension of stall

spaces other than those already covered by plans previously approved by the
Committee.

COLLECTION, ASSESSMENT AND PAYMENT OF STALL RENTALS

AND MARKET FEES

Section 44. Direct and Immediate Supervision on Collections. – The

Market Administrator shall exercise direct and immediate supervision,
administration and control over the collection of all market fees as authorized
by this Code.

Section 45. Manner of Payment and Assessment of Rental Dues. – Rental

dues shall be assessed and collected on a monthly basis which shall be due
every 20th day of the month.

Section 46. Rental Fees. The following fees shall be paid to the City
Treasurer’s Office (CTO) or to any of his/her duly authorized representative.

1. STALL RENTAL FEE shall be:

a. For BLOCK A – Php. 900.00 per square meter, per month;
b. For BLOCK B – Php. 450.00 per square meter, per month;
c. For BLOCK C – Php. 360.00 per square meter, per month;

with a five percent (5%) increase annually for five (5) consecutive years. For
stalls/spaces not exceeding one square meter, a minimum rental fee of one
thousand two hundred (P1200.00) pesos per month shall be collected.
(Refer to Annexes A, B and C for market layout)
2. OPEN SPACES RENTAL FEE shall be Three Hundred Fifty Pesos (Php
350.00) per square meter per month with a five percent (5%) increase
annually for five (5) consecutive years.

Section 47. Time and Manner of Payment. The rental fees shall be paid to the City
Treasurer or his/her duly authorized deputized representatives within the first twenty
(20) days of each month.

Section 48. Issuance of OFFICIAL RECEIPT AND CASH TICKET. The City
Treasurer or the duly authorized deputized representative shall issue receipt as
evidence of payment of transfer fee, rental fees or any other form of charges.

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Section 49. Surcharge for Late or Non-payment of Fees. The lessee of a stall, who
fails to pay the monthly rental fee within the prescribed period, shall pay a surcharge of
twenty five percent (25%) of the total rent due and two percent (2%) interest per month.
Any delay or failure to pay the rental fee for one (1) consecutive month shall cause the
automatic cancellation of the Contract of Lease, without prejudice of suing the lessee for
unpaid rentals and/or ejectment case, if necessary.

IMPOSITION OF MISCELLANEOUS FEES.

Section 50. Toilet Fees – To regulate the sanitation and use of market comfort
rooms, there is hereby imposed the following fees for the use of toilet facility:

Air-conditioned toilet room P10.00

Non-airconditioned toilet room 5.00

Section 51. Parking Fees. There shall be collected parking fees in all designated city
market parking areas or spaces parking areas all designated parking areas or spaces
and designated pay parking streets for all public and private vehicle owners in the City
of Tagbilaran in accordance with the following schedule:

a. For MULTICABS and other PUBLIC P 10.00

TRANSPORTATION per parking but not to exceed one
(1) hour
b. For 6-wheeled Motor Vehicle and above P 100.00 for the
1st 3 hours;

P 200 per day if

parking duration
exceeds 3 hours;

c. For private vehicles:

For 4-wheeled Motor Vehicle Free for the first

hour

P 10.00 for every

additional hour

For 2 and 3 wheeled Motor Vehicle Free for the first

hour

P 3.00 for every

additional hour

d. Overnight Parking (from 9:00 p.m. to 5:00 a.m.) P300.00

Section 52. Business Permit Regulations for Market Stalls, Transient

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Vendors and Businesses. Market Stalls, transient vendors and roving salesmen
shall not be allowed to do business in the public markets unless they have secured
first a Mayor’s Business Permit from the Office of the City Mayor – Business
Permit and Licensing Office and payment of Market Administration Fee of Php.
100.00 per month at the Office of the City Economic Enterprise.

All market vendors engaged in the business of food handling must also secure
a sanitary permit every six (6) months and a health certificate ID in addition
thereto. Food servers hired are also required to secure Health Certificate.

Section 53. Registration Fees For Carriers – There shall be collected a

registration fee of Php 100.00 per year and renewable on or before January 20th of
each year for carriers (Cargadores) duly registered and recognized by the Office of
the City Economic Enterprise. Payment shall include costs for the issuance of
identification cards (ID).

Section 54. Payment of Entrance Fees - Payment of the entrance shall be

payable in advance before any person can sell or offer to sell any commodity or
goods within the public market or its premises. Any person, whether transient
vendor, supplier or consignee, who brings any commodity or merchandise into the
public market or their surrounding premises for sale without first paying the
entrance fees herein provided, shall be subjected to a penalty equivalent to 3
times as much as the regular rate of entrance fee on commodities and goods
brought into the public market. In case of the non-payment of penalty, commodities
or merchandise shall be confiscated in favor of the City of Tagbilaran until payment
of the penalty imposed is paid.

An additional of P500.00 is charged to the owner of the commodity if

redeemed after 4 hours and P50.00 per hour additional penalty for every hour
thereafter from the time it was confiscated. In case of non-redemption within 12
hours the same shall be auctioned and proceeds of the sale be considered as to
the income from sale of confiscated goods of the market and any excess of the
proceeds from the auction sale shall be turned over in favor of the owner of the
auctioned products.

Entrance Fees Existing Proposed

1. FISH
Fresh Fish per kg. 0.25 2.00
Dried Fish per kg. 0.50 2.00
Salted Fish per kg. 0.25 2.00
2. MEAT
Pork/Beef/Chevon per kg. 0.50 2.00
Chicken 1.00
3. HANDICRAFTS
Small: Baskets/Broom/Hats per dozen 10.00
Big: Basket/ Mats and all other items per dozen 20.00
4. POTTERY
Small: Cooking pots/Flower Pots, etc. per dozen 10.00
Big: Cooking pots/Flower pots/Jar per dozen 20.00
5. ROOT CROPS
Cassava per kg. 0.50 1.00
Camote per kg. 0.50 1.00
Ube per kg. 1.00 1.00

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 Peanuts per kg. 1.00 1.00
6. VEGETABLES per kg. 1.00
7. SPICES per kg. 1.00
8. NOODLES per Box 0.25 1.00
EGGS per tray 0.50 1.00
9. FRUITS per kg. 1.00
10. GRAINS per kg. 1.00
11. AGRIVET SUPPLIES per kg. 1.00
12. SOFT DRINKS/BEER/TANDUAY, etc. per case 2.00
13. SUGAR
Refined/Brown per kg. 1.00
14. FLOWER per bundle 5.00
15. RTW and DRY GOODS
SMALL per bundle 10.00
BIG per bundle 20.00
16. COMFORT ROOM
Non-Aircon 5.00
Aircon 10.00

Section 55. Fees for Calibration, Sealing and Licensing of Weights and
Measures Instruments used for weighing and measuring shall be issued with a
license by the City of Government of Tagbilaran through the City Market
Committee. Calibration, sealing and licensing shall be done annually and paid
therefore to the City Treasurer following the corresponding fees:

a) For sealing metric measures of capacity:

Not over 1 meter … P 50.00
Over one meter … 100.00

b) For sealing metric measures of capacity: …

Not over ten liters … 50.00
Over 10 liters … 100.00

c) For sealing metric measurements of weights: …

with capacity of 30 kgs. or less … 50.00
with capacity of over 30 kgs. but not more than 300 kgs. … 60.00
with capacity of over 300 kgs. but not more than 3,000 … 75.00
kgs.
with capacity over 3,000 kgs. … 100.00

d) For an apothecary balance or other balance of precision, the fee

shall be double:
With each scale or balance, a complete set of weights for
use therewith shall be sealed free of charge. For each
extra … P 5.00
weight, the charge shall be

The fees levied herein shall be paid to the City Treasurer. The receipt for the
fee charge for the sealing of weights and measures together with a license signed
by the Market Administrator and City Administrator shall serve as a license to use
such instrument up to last day of the current calendar year.

Any person using the instrument of weights and measure that has not been
renewed on or before the last working day of January shall be fined P1000.00

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per instrument and in case the instrument has been found tampered causing the
short weighing and false measuring of value, a fine of P5,000.00 per instrument or
imprisonment of not more than one year or both shall be imposed aside from the
summary confiscation of the subject instrument.

Unsealed instrument of weight and measure that has been presented for
sealing by the owner and found to be defective causing the short weighing and
false measuring of value shall be confiscated and user/owner shall be fined
P1000.00 per instrument. In case the instrument s found to be in order, the same
shall be sealed and calibrated.

Section 56. Accreditation of Private Abattoirs –The City Mayor may, upon a
resolution of the Sangguniang Panlungsod of the City, acting on the
recommendation of the City Agriculture and Veterinary Office, accredit any private
abattoir within its territorial jurisdiction but only for lechon suppliers and meat
processors.

Any and all accredited private abattoirs shall be provided with City Meat
Inspectors; which the owner/operator will provide with a suitable place within the
abattoir for easy, convenient and prompt meat inspection of the slaughtered
animals.

Slaughterhouse for lechon suppliers and meat processors with corresponding

business permits and with facilities and operational procedures of minimum
adequacy shall be allowed to apply for accreditation yearly; Periodic evaluation
every 6 months by the City Veterinary Officer shall be required and such facilities
and operational procedures shall be sanitarily maintained. Failure to meet sanitary
standard shall cause the cancellation of permit/accreditation.

There shall be imposed and collected an annual accreditation fee in the

amount of P10,000.00 for any and all private slaughterhouse for meat processors
operating within the territorial jurisdiction of the City of Tagbilaran. An inspection
fee in the amount of P100.00 shall also be imposed for any and all hogs
slaughtered in private slaughterhouse for lechon and meat processors.

Section 57. Registration and Licensing/Accreditation. - All meat handlers,

butchers, meat vendors, meat dealers, meat processors and meat stall/shop
operation who are involved in the orderly, safe and hygiene handling of meat and
meat products shall be required to register and apply for license/accreditation
annually on or before the last working day of January.

There shall be an annual fee for registration, licensing/accreditation for the

following classification at the rates prescribed as follows:

Classificatio Registration Licensing/

n Accreditation
1) Meathandlers/cutters/butchers/helpers/ P200.00 P100.00
vendors
2) Meat Stallholders (Public Market) 250.00 150.00
3) Meat Shop Operator (Outside Public 250.00 200.00
Market)
4) Meat dealers/Suppliers 200.00 250.00
5) Meat by-Product Processors 200.00 250.00

Section 58. Qualification and Requirements for Registration and

Licensing/Accreditation. – Any person applying for a license as meat handler,

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butcher, meat vendor, meat dealer, meat processor, meat stall/shop operated or
helper must possess the following qualifications:
a) At least 18 years old.
b) Must be free from tuberculosis and/or highly communicable diseases
and a medical certificate from the City Health Office shall be secured
prior to the filing of the application.
c) Must secure a police clearance prior to the application.
d) Meat dealer, meat stall/shop operators operating within the territorial
jurisdiction of Tagbilaran City shall secure business permit prior to
his/her application for licensing/accreditation.

The meat handler/cutter, meat butcher/helper, meat vendors, meat

dealers/suppliers, meat stall/shop operators whose applications for
licensing/accreditation have been approved by the City Agriculture and
Veterinary Officer shall be issued the corresponding license and identification
cards by the City Agriculture and Veterinary Office.

Section 59. Transportation.

a) Only official City meat van and government–accredited meat van

shall serve as delivery vehicles of dressed carcasses and offals from
the City -Accredited Abattoir to the different outlets for public sale.
b) Private establishment like hotels, malls, supermarkets, cold storage
facilities and private client markets with supply requirement of 10
heads or more in case of hogs and 2 heads or more in case of
cattles, may provide their own delivery vehicles provided
specifications of the same have passed government standard for
meat hygiene.
c) No person shall be allowed to hitch ride in government meat wagons
while transporting dressed carcases and offals from the City Abattoir
except government employed “Cargadores” and a meat dispatcher
who shall see to it that meat and offals are properly delivered.
d) All private meat delivery van shall apply a yearly registration and
accreditation. Meat delivery vans intended for transport or commerce
of meat and meat products within the City shall be close type and
preferably made of aluminum material. Small type delivery van
(tricycle) shall be of closed type and preferably made of aluminum or
stainless steel materials.
e) There shall be charged a yearly registration and accreditation fee for
all types of meat delivery van involved in the delivery/transport of
meat and meat products within the City of Tagbilaran at the rate
prescribed below:

Classification Registratio Accreditation

n
1) Tricycle P1000.00 P500.00
2) Van, Jeep or similar type 1500.00 100.00
3) Truck 2500.00 150.00

Section 60. Slaughter Fees. – Subject to the provisions enunciated herein,

there shall be collected for every head of animal slaughtered for human
consumption the following fees:
For commercial For house
purposes consumptio
/head n
Carabao P 100.00 P 25.00
Cow 100.00 25.00

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 Cattle 550.00/kilo 800.00
Hogs 450.00 500.00
Goats 450.00 500.00
Sheep/Others 450.00 500.00

Section 61. Permit Fee to Slaughter. – Before any animal is slaughtered for
public consumption, a permit therefore shall be secured from the City
Veterinarian thru the City Treasurer, and the corresponding fee collected at the
rates fixed below:
Per
head
Large Cattle P 150.00
Hogs 100.00
Goats 100.00
Sheep 100.00
Others 100.00

Section 62. Hauling Fees. – There shall be collected a hauling fee for the
transportation of all dressed meat and carcasses by the City –owned meat van
in accordance with the following rates:
Large Cattle P 200.00/head
Hog: 100 kls. and above 150.00/head
50 kls. - 99 kls. 150.00/head
50 kls. And below 15.00/head
Goats, sheeps and other members of bovine family 100.00/head
Domestic poultry
100.00/head

Section 63. Corral Fees. – There shall be collected a corral fee for
the animals to be slaughtered, which are to be kept in a corral owned
by the City at the rates per day as prescribed below:
Large cattle P 100.00/head
Hogs 50.00/head
Goats 50.00/head
Sheep 50.00/head
Others 50.00/head

Section 64. Regulatory Service Fee. – There shall be charged a regulatory

service fee for inspection whether the carcass or meat is fit for human
consumption at the rates prescribed below:
Large cattle P0.20/kilo
Hogs 0.10/kilo

For meats coming from abattoirs other than those owned by the City and sold
in the public market of Tagbilaran City, a regulatory fee for re-inspection is
charged at the rates prescribed below:
Large cattle P10.00/ head
Hogs 5.00/ head

TITLE 8. GENERAL AND ADMINISTRATIVE

PROVISIONS

Collection and Accounting of City Revenues

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 Section 65. Tax period and manner of payment – Unless otherwise
provided in this Code, the tax period of all taxes, fees and charges shall be for
the calendar year.

Section 66. Accrual of tax. – Unless otherwise provided in this Code, all taxes,
fees or charges shall accrue on the first (1) day of January of each year. However,
new taxes, fees or charges, or changes in the rate thereof, shall accrue on the
first (1) day of the quarter next following the effectivity of the ordinance imposing
such new levies or rates.

Section 67. Time of payment. Unless otherwise provided in this Code, all taxes,
fees and charges shall be paid within the first twenty (20) days of January or
each subsequent quarter as the case may be. The Sangguniang Panlungsod
may, for justifiable, reason or cause, extend the time of payment of such taxes,
fees or charges without surcharges or penalties, but only for a period not
exceeding six (6) months.

Section 68. Surcharges and penalties in unpaid taxes, fees or charges – A

surcharge of twenty-five percent (25%) of the amount of taxes, fees or charges not
paid on time and an interest at the rate of two (2) percent per month of the
unpaid taxes, fees or charges including surcharges, until such amount is fully
paid but in no case shall the total interest on the amount or portion thereof
exceed thirty-six (36) months.

Section 69. Interest on unpaid revenues.- Where the amount of any other
revenue due to the municipality city except voluntary contributions or donations,
is not paid on the date fixed in the ordinance, or in the contract, expressed or
implied, or upon the occurrence of the event which has given rise to its
collection, there shall be collected as part of that amount an interest at the rate
of two (2%) per month from the date it is due until it is paid, but in no case shall
the total interest on the unpaid amount or a portion thereof exceed thirty-six (36)
months.

Civil Remedies for Collection of

Revenues

Section 70. City Government’s lien. –City taxes, fees, charges and other revenue
constitute a lien, superior to all liens, charges or encumbrances, in favor of any
person, enforceable by appropriate administrative or judicial action, not only upon any
property or rights therein which may be subject to the lien but also upon property
used in business, occupation, practice of profession or calling, or exercise of privilege
with respect to which the liens is imposed. The lien may only be extinguished upon
full payment of the delinquent taxes, fees and charges including related surcharges
and interest.

TITLE 9. TRANSITORY PROVISIONS

Section 71. Transitory Period. – There shall be a transitory period of two (2) months
after the effectivity of this ordinance. Within such period, the Tagbilaran City Market
Committee shall convene and conduct an inventory of all stalls and determine the
current occupants shall qualify for the grant of a privileged occupant status in
accordance with the provisions of this ordinance.

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Section 72. Grant of Privileged Occupant Status for Temporary Occupants. –
Temporary occupants at the Public Markets and in the Integrated Bus Terminal of
Tagbilaran City may be granted a privileged occupant status provided that all the
requisites below are faithfully complied with, to wit:
1. Must be occupying a vacant stall as of December 31, 2018;
2. Must not have any outstanding obligation or delinquent payments due to the
City Government;
3. Must submit a tax clearance jointly issued by the City Treasurer and the City
Economic Enterprise Head;
4. Must be a stall occupant in good standing as certified by the City Market
Committee; and
5. The grant of this privilege shall only be given upon the payment of the
following minimum bid price;

a. Block A – Fifty Thousand Pesos (P50,000.00)

b. Block B – Seventy Thousand Pesos (P70,000.00)
c. Block C – One Hundred Thousand Pesos (P100,000.00)

(Refer to Annex A for market layout)

Section 73. Grant of Privileged Occupant Status for Cogon Market Vendors.
Stall occupants of the burnt Cogon public market, shall be afforded first priority in
awarding the stalls in the Cogon Market without need of participating in the bidding
process, provided that, all the requisites below are faithfully complied with, to wit:

1. Must be a registered owner of a stall in the Cogon Market on or before the

occurrence of the fire incident;
2. Must be a stall occupant in good standing as certified by the City Market
Committee;
3. Must not have any outstanding obligation or delinquent payments due to the
City Government;
4. Must submit a tax clearance jointly issued by the City Treasurer and the City
Economic Enterprise Head;
5. The grant of this privilege shall only be given upon the payment of the
following minimum bid price;

a. Block A – One Hundred Thousand Pesos (P100,000.00)

b. Block B – One Hundred Twenty Thousand Pesos (P120,000.00)
c. Block C – One Hundred Fifty Thousand Pesos (P150,000.00)

(Refer to Annex B for market layout)

6. Their individual occupancy shall be determined through drawing of lots and

only at the designated area of the Cogon public market, to be determined by
the Market Committee. Stalls shall be so arranged/sectioned on the basis of
the goods sold or services offered.

Section 74. Limitation as to the grant of privilege Occupant Status. Stall

occupants granted with privileged occupant status under the two preceding sections
shall be subject to the following rules and regulations aside from the general rules and
regulations in this Market Code:

1. Only natural persons may be granted this privilege;

2. The grant of a privilege occupant status is limited to only one stall per

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 market;
3. No occupant may be granted this privilege if he/she is already an existing
legitimate stall holder in any of the markets and terminals in the City of
Tagbilaran;
4. A person granted is disqualified to bid in the public bidding process;
5. The lease term shall be for 5 years and shall start upon the payment of the
minimum bid price;
6. The lease may be renewed for another 5 years but not to exceed 25 years,
subject to the payment of the minimum bid price set by an existing
ordinance;
7. Upon expiration of the lease term, the privileged occupant may renew
his/her lease provided that the minimum bid price for the renewed term shall
bet set through and ordinance enacted for such purpose;
8. In case of death of the privileged occupant, the current lease may be
continued by any of his/heir direct heir until the end of the lease term only.
Upon expiration of the lease term, the stall shall be declared vacant and
shall be subject to public bidding.

GENERAL PENAL PROVISIONS

Section 75. Penalty - Any violation to the provisions of this Code not herein
otherwise covered by a specific penalty, shall be punishable by a fine of not less
than one thousand (P1,000.00) pesos nor more than five thousand (P5,000.00)
pesos and/or imprisonment of not less than one month nor more than six months
or both at the discretion of the court.

Provided however, that in case of admission of guilt by the offender before

any case has been filed in the proper courts for such violation, he/she may be
allowed to pay the following compromise penalties:

a. First violation - Fine of P 2,000.00;

b. Second violation - Fine of P 5,000.00;
c. Third Violation - Fine of P 5,000.00 plus revocation
of permit and termination of lease contract.

FINAL PROVISIONS

Section 76. Separability Clause - If, for any reason, any provision, section or part of
this Code is declared not valid by a court of competent jurisdiction, such judgment
shall not affect nor impair the remaining provisions, sections, or parts which shall
continue to be enforce and effect.

Section 77. Repealing Clause – All ordinances, rules or regulations, part or parts
thereof, which are inconsistent with the provisions of this ordinance are hereby
amended and/or modified accordingly.

Section 78. Effectivity – This ordinance shall take effect upon its approval and
publication in a local paper of general circulation.

INTRODUCED AND SPONSORED BY:

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HON. FAUSTO S. BUDLONG
City Councilor

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