Magsaysay Revised Revenue Code 2019
Magsaysay Revised Revenue Code 2019
Section 1. Short Title. This ordinance shall be known as the Revenue Code of the
Municipality of Magsaysay,
Section 2. Scope and Application. This Code shall govern the levy, assessment, and
collection of taxes, fees, charges and other impositions within the territorial jurisdiction of
this Municipality.
Section 3. Words and Phrases Not Herein Expressly Defined. - Words and phrases
embodied in this Code not herein specifically defined shall have the same definitions as
found in RA 7160, otherwise known as the Local Government Code of 1991.
(a) General Rules. All words and phrases shall be construed and understood according
to the common and approved usage of the language; but the technical words and
phrases and such other words in this Code which may have acquired a peculiar or
appropriate meaning shall be construed and understood according to such
technical, peculiar or appropriate meaning.
(b) Gender and Number. Every word in the Code importing the masculine gender shall
extend to both male and female. Every word importing the singular number shall
apply to several persons or things as well; and every word importing the plural
number shall extend and be applied to one person or thing as well.
(c) Reasonable Time. In all cases where any act is required to be done within the
reasonable time, the same shall be deemed to mean such time as may be necessary
for the prompt performance of the act.
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(d) Computation of Time. The time within which an act is to be done as provided in this
Code, or in any rule or regulation issued pursuant to the provisions thereof, when
expressed in days, shall be computed by excluding the first day and including the
last day, except if the last day falls on a Sunday or holiday, in which case the same
shall be excluded in the computation and the business day following shall be
considered the last day.
(e) References. All references to chapters, articles, or sections are to the Chapters,
Articles or Sections in this Code unless otherwise specified.
(f) Conflicting Provisions of Chapters. If the provisions of different chapters conflict with
or contravene each other, the provisions of each chapter shall prevail as to all
specific matters and questions involved therein.
(g) Conflicting Provisions of Sections. If the provisions of the different sections in the
same article conflict with each other, the provisions of the Section which is the last
in point of sequence shall prevail.
Article C. Definition of
(b) Charges refer to pecuniary liability, as rents or fees against persons or property;
(e) Countryside and Barangay Business Enterprise refers to any business entity,
association, or cooperative registered under the provisions of RA 6810, otherwise
known as Magna Carta for Countryside and Barangay Business Enterprises
(Kalakalan 20);
(f) Fee means a charge fixed by law or ordinance for the regulation or inspection of a
business or activity. It shall also include charges fixed by law or agency for the
services of a public officer in the discharge of his official duties;
(g) Franchise is a right or privilege, affected with public interest that is conferred upon
private persons or corporations, under such terms and conditions as the
government and its political subdivisions may impose in the interest of public
welfare, security and safety;
(i) Levy means an imposition or collection of an assessment, tax, fee, charge, or fine.
(k) Motorcycle-for-hire refers to motorcycles used for the transport of goods for a fee.
(l) Municipal Waters include not only streams, lakes and tidal waters within the
Municipality, not being the subject of private ownership and not comprised within
the national parks, public forest, timber lands, forest reserves or fishery reserves,
but also marine waters included between two lines drawn perpendicularly to the
general coastline from points where boundary lines of the Municipality touch the sea
at low tide and a third line parallel with the general coastline and fifteen (15)
kilometers from it. Where two (2) municipalities are so situated on the opposite
shores that there is less than fifteen (15) kilometers of marine waters between them,
the third line shall be equally distant from opposite shores of the respective
municipalities;
(m)Operator includes the owner, manager, administrator, or any other person who
operates or is responsible for the operation of a business establishment or
undertaking;
(p) Persons mean every natural or juridical being, susceptible of rights and obligations
or of being the subject of legal relations;
(q) Public Market -a place where fresh food or items for food or other commodities are
sold. It may be established or operated by the municipal government or by a
franchise granted by the Sangguniang Bayan to private persons. The public market
area may include stalls where goods may be sold to public, loading and unloading
spaces and parking areas for vehicles.
(r) Public Utility refers to electric power generating and distributing systems, road, rail,
air and water companies, characterized by large investments because their
optimum scale is huge. They are natural monopolies whose prices, profits and
efficiency are not subject to competitive checks, and they provide essential
services to industries and constituents. The operations of public utilities are
granted through special laws or ordinances.
(s) Rental means the value of the consideration, whether in money, or otherwise, given
for the enjoyment or use of a thing.
(t) Renting Out – Grant the services of as temporary use for a fee.
(u) Residents refer to natural persons who have their habitual residence in the
province, city, or municipality where they exercise their civil rights and fulfill their
civil obligations, and to juridical persons for which the law or any other provision
creating or recognizing them fixes their residence in a particular province, city or
municipality. In the absence of such laws, juridical persons are residents or the
(v) Revenue includes taxes, fees and charges that a state or its political subdivision
collects and receives into the treasury for public purposes.
(w) Shopping Centers refers to business establishments which may include groceries,
appliances. Refrigerated or non-perishable goods, amusement activities, movie
houses, fitness centers, clothing apparels, home furnishing, etc. housed in one
building or several buildings. It may be operated by one person or by different
persons renting spaces in the complex.
(y) Tax means an enforced contribution, usually monetary in form, levied by the law
making body on persons and property subject to its jurisdiction for the precise
purpose of supporting governmental needs.
(z) Vessels include every type of boat, craft or other artificial contrivance, capable of
being used, as a means of transportation on water.
(a) Advertising Agency includes all persons who are engaged in the business of
advertising for others by means of billboards, posters, placards, notices, signs,
directories, pamphlets, leaflets, handbills, electric or neon lights, airplanes,
balloons or other media, whether in pictorial or reading form.
(b) Agricultural Products include the yield of the soil, such as corn, rice, wheat, rye,
hay, coconut, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their
by-products; ordinary salt; all kinds of fish; poultry; and livestock and animal
products, whether in their original form or not.
The phrase "whether in their original form or not" refers to the transformation of
said products by the farmer, fisherman, producer or owner through the application
of processes to preserve or otherwise to prepare said products for the market such
as freezing, drying, salting, smoking, or stripping for purposes of preserving or
otherwise preparing said products for the market; to be considered an agricultural
product whether in its original form or not, its transformation must have been
undertaken by the farmer, fisherman, producer or owner.
Agricultural products as defined include those that undergo not only simple but
even sophisticated processes employing advanced technological means in
packaging like dressed chicken or ground coffee in plastic bags or styropor or
other packaging materials intended to process and prepare the products for the
market.
(e) Banks and other Financial Institutions include non-bank financial intermediaries,
lending investors, finance and investment companies, pawnshops, money shops,
insurance companies, stock markets, stock brokers, and dealers in securities and
foreign exchange, as defined under applicable law, or rules and regulations
thereunder;
(f) Brewer includes all persons who manufacture fermented liquors of any
description for sale or delivery to others but does not include manufacturers of
tuba, basi, tapuy or similar domestic fermented liquors, whose daily production
does not exceed two hundred gauge liters.
(g) Business Agent includes all persons who act as agents of others in the transaction
of business with any public officer, as well as those who conduct collecting,
advertising, employment, or private detective agencies.
(h) Cabaret/Dance Hall includes any place or establishment where dancing is
permitted to the public in consideration of any admission, entrance, or any other
fee paid, on or before, or after the dancing, and where professional hostesses or
dancers are employed.
(i) Capital Investment is the capital that a person employs in any undertaking, or
which he contributes to the capital of a partnership, corporation, or any other
juridical entity or association in a particular taxing jurisdiction;
(j) Carinderia refers to any public eating place where food already cooked are served
at a price.
(k) Cell Site / Cell Tower- is a tower or long vertical pole on which electronic
communications equipment and antenna are mounted. Cell tower typically
includes transmitters, receivers control electronics and additional electronic
power sources for backup.
(l) Cockpit includes any place, compound, building or portion thereof, where
cockfights are held, whether or not money bets are made on the results of such
cockfights.
(m) Contractor includes persons, natural or juridical, not subject to professional tax
under Section 139 of the Local Government Code of 1991, whose activity consists
essentially of the sale of all kinds of services for a fee, regardless of whether or not
the performance of the service calls for the exercise or use of the physical or mental
faculties of such contractor or his employees;
As used in this Article, the term "contractor" shall include general engineering,
general building and specially contractors as defined under applicable laws,
filling, demolition and salvage works contractors; proprietors or operators of mine
drilling apparatus; proprietors or operators of dockyards; persons engaged in
the installation of water system, and gas or electric light, heat, or establishments;
proprietors or operators of smelting plants; engraving plating and plastic
lamination establishments; proprietors or operators of establishments for
repairing, repainting, upholstering, washing or greasing of vehicles, heavy
equipment, vulcanizing, recapping and battery charging; proprietors or operators
of furniture shops and establishments for planning or surfacing and re-cutting of
lumber and sawmills under contract to saw or cut logs belonging to others;
proprietors or operators of dry-cleaning or dyeing establishments, steam
laundries, and using washing machines; proprietors or owners of shops for the
repair of any kind of mechanical and electrical devices; instruments, apparatus,
or furniture and shoe repairing by machine or any mechanical and electrical
devices; proprietors or operators of establishments or lots for parking purposes;
proprietors or operators of tailor shops, dress shops. milliners and hatters,
beauty parlors, barbershops,
The term contractor shall include welding shops, service stations, white/blue,
printing, recopying, or photocopying services, assaying laboratories, advertising
agencies, shops for shearing animals, vaciador shops, stables, construction of
motor vehicles, animal drawn vehicles, and/or tricycles, lathe machine shops,
furniture shops, and proprietors of bulldozers and other heavy equipment
available to others for consideration.
(n) Construction Contractor-Shall refer to the principal contractor who has direct
contract with the contractee for a specific domestic project.
(o) 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;
(p) Doing Business – Shall refer to any activity for the purpose of commercial gain or
carrying out the purposes and object of the business such as, but not limited to,
appointing representatives, distributors, dealers, and business agents
participating in the sales, management, supervision, or control of the business
firm, entity or corporation, and the solicitation of orders, purchase, service
contracts, or operating offices, whether called as “liason” offices or branches,
display centers, showrooms, administrative or booking offices.
(r) Importer means any person who brings articles, goods, wares or merchandise of
any kind or class into the Philippines from abroad for unloading therein, or which
after entry are consumed herein or incorporated into the general mass of property
in the Philippines. In case of tax-free articles, brought or imported into the
Philippines by persons, entities or agencies exempt from tax which are
subsequently sold, transferred or exchanged in the Philippines to non-exempt
private persons or entities, the purchaser or recipient shall be considered the
importer thereof.
(s) Manufacturer includes every person who, by physical or chemical process, alters
the exterior texture or form or inner substance of any such raw materials or
manufactured or partially manufactured product in such manner as to prepare it
for special use or uses to which it could not have been put in its original condition,
or who by any such process, alters the quality of any such raw material or
manufactured or partially manufactured products so as to reduce its marketable
(u) Motor Vehicle means any vehicle propelled by any power other than muscular
power using the public roads, but excluding road rollers, trolley cars, street
sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on public roads, vehicles that run only on rails or
tracks, tractors, trailers, and traction engines of all kinds used exclusively for
agricultural purposes;
(v) Peddler means any person who, either for himself or on commission, travels from
place to place and sells his goods or offers to sell and deliver the same. Whether a
peddler is a wholesale peddler or retail peddler of a particular commodity shall be
determined from the definition of wholesale dealer or retail dealer as provided in
this Ordinance;
(w) Public Market refers to any place, building, or structure of any kind designated as
such by the local board or council, except public streets, plazas, parks, and the
like.
(x) Rectifier comprises every person who rectifies, purifies, or refines distilled spirits
or wines by any process other than by original or continuous distillation from
mash, wort, wash, sap, or syrup through continuous closed vessels and pipes
until the manufacture thereof is complete. Every wholesale or retail liquor dealer
who has in his possession any still or mash tub, or who keeps any other
apparatus for the purpose of distilling spirits, or in any manner refining distilled
spirits, shall also be regarded as a rectifier and as being engaged in the business
of rectifying.
(y) Restaurant refers to any place which provides food to the public and accepts
orders from them at a price. This term includes caterers.
(z) Retail means a sale where the purchaser buys the commodity for his consumption,
irrespective of the quantity of the commodity sold;
(bb) Wholesale means a sale where the purchaser buys or imports the commodities for
resale to persons other than the end user regardless of the quantity of the
transaction.
WITH GROSS SALES OR RECEIPT FOR THE PRECEDING Amount of Tax Per
CALENDAR YEAR IN THE AMOUNT OF: Annum
Less than Php1,000.00 17.60
1,000.00 or more but less than 2,000.00 36.30
2,000.00 or more but less than 3,000.00 55.00
3,000.00 or more but less than 4,000.00 79.20
4,000.00 or more but less than 5,000.00 111.10
5,000.00 or more but less than 6,000.00 135.30
6,000.00 or more but less than 7,500.00 160.60
The businesses enumerated in paragraph (a) above shall no longer be subject to the tax
on wholesalers, distributors, or dealers herein provided for.
For purposes of this provision, the term exporters shall refer to those who are principally
engaged in the business of exporting goods and merchandise, as well as manufacturers
and producers whose goods or products are both sold domestically and abroad. The
amount of export sales shall be excluded from the total sales and shall be subject to the
rates not exceeding one half (1/2) of the rates prescribed under paragraphs (a), (b), and
(d) of this Article.
(d) On retailers.
However, barangays shall have the exclusive power to levy taxes on stores whose gross
sales or receipts of the preceding calendar year does not exceed Thirty Thousand Pesos (P
30,000.00) subject to existing laws and regulations.
WITH GROSS SALES OR RECEIPT FOR THE PRECEDING Amount of Tax Per
CALENDAR YEAR IN THE AMOUNT OF: Annum
Less than Php5,000.00 30.25
5,000.00 or more but less than 10,000.00 67.76
10,000.00 or more but less than 15,000.00 114.95
15,000.00 or more but less than 20,000.00 181.50
20,000.00 or more but less than 30,000.00 302.50
30,000.00 or more but less than 40,000.00 423.50
40,000.00 or more but less than 50,000.00 605.00
50,000.00 or more but less than 75,000.00 968.00
75,000.00 or more but less than 100,000.00 1,452.00
100,000.00 or more but less than 150,000.00 2,178.00
150,000.00 or more but less than 200,000.00 2,904.00
200,000.00 or more but less than 250,000.00 3,993.00
Provided, that in no case shall the tax on gross sales of P2, 000,000.00 or more be less
than P12, 650.00.
For purposes of this section, the tax on multi-year projects undertaken general
engineering, general building, and specialty contractors shall initially be based on the
total contract price, payable in equal annual installments within the project term.
Upon completion of the project, the taxes shall be recomputed on the basis of the gross
receipts for the preceding calendar years and the deficiency tax, if there be any, shall be
collected as provided in this Code or the excess tax payment shall be refunded.
In cases of projects completed within the year, the tax shall be based upon the contract
price and shall be paid upon the issuance of the Mayor’s Permit.
(f) On banks and other financial institutions, at the rate of fifty percent of one
percent (50% of 1%) of the gross receipts of the preceding calendar year derived
from interest, commissions and discounts from lending activities, income from
(g) On businesses hereunder enumerated, the graduated tax rates are hereby
imposed:
1. Cafes, cafeterias, ice cream and other refreshment parlors, restaurants, soda
fountain bars, carinderias or food caterers;
3. Commission agents
(k)PRIVATE CEMETERIES
Provided, that in no case shall the tax on gross sales of P2,000,000.00 or more be less than
P12,650.00
All other business not included in the enumeration with gross sales
Or receipt for the preceding Calendar year in the amount of:
A Mobile Trader is a person, who either for himself or commission, travels from place to
place and sells his goods or sells and offers to deliver the same, using a vehicle.
Subsumed in this definition are rolling stores, portable stores, and similar
arrangements.
Section 9. Imposition of Tax. – There is hereby imposed an annual tax at the rate of
one percent (1%) on the gross receipts of Mobile Traders.
Section 10. Time of Payment. – The tax shall be paid upon the issuance of the Mayor’s
Permit to do business in the Municipality.
(a) The Municipal Treasurer shall determine the taxable gross receipts by applying
the Presumptive Income Level Technique provided in this Code, and thereafter
assess and collect the tax due.
Section 12. Imposition of Tax. – There is hereby imposed a tax on operators of public
utility vehicles maintaining booking office, terminal, or waiting station for the purpose of
carrying passengers from this municipality under a certificate of public convenience and
necessity or similar franchises:
Amount of Fee
Kind of Public Utility
per Annum
Air-conditioned buses 1,500 per unit
Buses without air 1,000 per unit
conditioning "Mini" buses 800 per unit
Jeepneys/AUVs 600 per unit
Taxis 600 per unit
Multicabs 500 per unit
Section 13. Time of Payment. - The tax shall be paid within the first twenty (20) days of
January of each year.
Section 14. Imposition of Tax. – There is hereby imposed a tax on ambulant and
itinerant amusement operators during fiestas and fairs at the following rates:
Section 15. Time of Payment. – The tax herein imposed shall be payable before engaging
in such activity.
Section
(a) Minerals refer to naturally occurring inorganic substances (found in nature) whether
in solid, liquid, gaseous or any intermediate state.
(b) Mineral Products shall mean things produced and prepared in a workable state by
simple treatment processes such as washing or drying but without undergoing any
chemical change or process or manufacturing by the lessee, concessionaire or
owner of mineral lands.
Section 17. Imposition of Tax. – There is hereby levied an annual tax at the rate of _two
percent (_2%) based on the gross receipts for the preceding year of mining operations.
Section 18. Situs of the Tax. - Payment of the tax shall be made to this municipality
which has jurisdiction over the mining area. (In case the area transcends two (2) or more
local government units, payment shall be made to each municipality based on ratio and
proportion of the area subject to the mining activities
Section 19. Exclusion. - Extraction of the following are excluded from the coverage of
the tax levied herein:
(a) Mineral Products such as ordinary stones, sand, gravel, earth and other quarry
resources;
(b) Indigenous petroleum such as mineral oil, hydrocarbon gas, bitumen, crude
asphalt, mineral gas and all other similar or naturally associated substances.
Section 20. Time of Payment. - The tax shall be paid once within the first twenty (20)
days of January or in quarterly installments within the first twenty (20) days of January,
April, July, and October of each year.
(a) The Municipal Treasurer shall keep a registry of mining operators on which all
instruments concerning mining rights, such as acquisition, sub-lease, operating
agreements, transfers, assignments, condonment, cancellation and others, are
recorded.
(b) It shall be the duty of every lessee, owner, or operator to make a true and
complete return setting forth the quantity and the actual market value of the
minerals or mineral products or quarry resources to be removed.
Section 22. Liability to Real Property Tax. – Any person, grantee, concessionaire who
shall undertake and execute mining operations (exploration development and commercial
utilization) of certain mineral deposits existing within the mining area shall be
subject/liable to real property tax.
Section 23. Payment of Mayor’s Permit and Other Regulatory Fees. – Mayor’s Permit
and other regulatory fees shall be collected before the start of the mining operation of a
mining company pursuant to Sections 147 and 151 of th LGC and as implemented under
this Local Revenue Code of Magsaysay.
(a) Forest Products means timber, pulp-wood/chipwood, firewood, fuel wood and minor
forest products such as bark, tree tops, resins, gum, wood, oil, honey, beeswax,
nipa, rattan or other forest growth such as grass, shrub, and flowering plants, the
associated water, fish, scenic, historical, recreational, and geologic resources in
forest lands.
(b) Forest Lands include the public forest, the permanent forest or the forest reserves,
and forest reservations.
Section 26. Time of Payment. - The tax shall be paid once within the first twenty (20)
days of January or in quarterly installments within the first twenty (20) days of January,
April, July, and October of each year.
Article G. Exemptions
(a) For purposes of collection of the business tax under the "situs" of the tax law, the
following definition of terms and guidelines shall be strictly observed:
1. Principal Office - the head or main office of the businesses appearing in the
pertinent documents submitted to the Securities and Exchange Commission, or
the Department of Trade and Industry, or other appropriate agencies as the
case may be.
4. Warehouse - a building utilized for the storage of products for sale and from
which goods or merchandise are withdrawn for delivery to customers or dealers,
or by persons acting on behalf of the business. A warehouse that does not accept
orders and/or issue sales invoices as aforementioned shall not be considered a
branch or sales office.
2. If the business concerned has no branch office or sales outlet in Magsaysay, the
sale/gross receipts from domestic projects or contracts or transactions maybe
recorded in the place where the principal office of the said business is located.
The taxes, however, shall accrue and be paid to Magsaysay where the sale or
transaction was made or consummated, associated with the delivery of the
articles, commodities, services or things which are the subject matter of the
contract of sale.
The sales allocation in (a) and (b) above shall not apply to experimental farms.
LGUs where only experimental farms are located shall not be entitled to the sales
allocation herein provided for.
4. In case of a plantation located in a locality other than that where the factory is
located, said seventy percent (70%) sales allocation shall be divided as follows:
Sixty percent (60%) to the Municipality where the factory is located; and
5. In cases where there are two (2) or more factories, project offices, plants or
plantations located in different localities, the seventy percent (70%) sales
allocation shall be pro-rated among the localities where such factories, project
offices, plants and plantations are located in proportion to their respective
volumes of production during the period for which the tax is due.
In the case of project offices of services and other independent contractors, the
term production shall refer to the costs of projects actually undertaken during
the tax period.
6. The foregoing sales allocation under par. (3) hereof shall be applied irrespective of
whether or not sales are made in the locality where the factory, project office,
plant or plantation is located. In case of sales made by the factory, project office,
plant or plantation, the sale shall be covered by paragraph (1) or (2) above.
8. All sales made by the factory, project office, plant or plantation located in this
municipality shall be recorded in the branch or sales office which is similarly
located herein, and shall be taxable by this municipality. In case there is no
branch or sales office or warehouse in this municipality, but the principal office
is located therein, the sales made in the dais factory shall be taxable by this
municipality along with the sales made in the principal office.
(c) Port of Loading - the Municipality where the port of loading is located shall not
levy and collect the tax imposable under Article A, Chapter 2 of this Ordinance
unless the exporter maintain in said Municipality its principal office, a branch,
sales office, warehouse, factory, plant or plantation in which case the foregoing
rule on the matter shall apply accordingly.
(d) Route Sales - sales made by route trucks, vans or vehicles in this municipality
where a manufacturer, producer, wholesaler, maintains a branch or sales office or
warehouse shall be recorded in the branch or sales office or warehouse and shall
be taxed herein.
This municipality shall tax the sales of the products withdrawn by route trucks
from the branch, sales office or warehouse located herein but sold in another
locality.
(a) The taxes imposed under Section 7 of this Ordinance shall be payable for every
separate or distinct establishment or place where the business subject to the tax is
conducted and one line of business does not become exempt by being conducted
with some other businesses for which such tax has been paid. The tax on a
business must be paid by the person conducting the same.
The conduct or operation of two or more related businesses provided for under
Section II of this Code by any person, natural or juridical, shall require the issuance
of a separate permit or license to each business.
(b) In cases where a person conducts or operates two (2) or more of the businesses
mentioned in Chapter II of this Ordinance which are subject to the same rate of
imposition, the tax shall be computed on the combined total gross sales or receipts
of the said two (2) or more related businesses.
(c) In cases where a person conducts or operates two (2) or more businesses mentioned
in Section 6 of this Ordinance which are subject to different rates of imposition, the
taxable gross sales or receipts of each business shall be reported independently and
tax thereon shall be computed on the basis of the pertinent schedule.
Section 30. Accrual of Payment. - Unless specifically provided in this Article, the taxes
imposed herein shall accrue on the first day of January of each year.
Section 31. Time of Payment. - The tax shall be paid once within the first twenty (20)
days of January or in quarterly installments within the first twenty (20) days of January,
April, July, and October of each year. The Sangguniang may, for a justifiable reason or
cause, extend the time for payment of such taxes without surcharges or penalties, but
only for a period not exceeding six (6) months.
(b) Issuance and Posting of Official Receipt. The Municipal Treasurer shall issue an
official receipt upon payment of the business tax. Issuance of the said official
receipt shall not relieve the taxpayer of any requirement imposed by the different
departments of this municipality.
Every person issued an official receipt for the conduct of a business or undertaking
shall keep the same conspicuously posted in plain view at the place of business or
undertaking. If the individual has no fixed place of business or office, he shall keep
the official receipt in his person. The receipt shall be produced upon demand by
the Municipal Mayor, Municipal Treasurer, or their duly authorized
representatives.
(c) Invoices or Receipt. All persons subject to the taxes on business shall, for each sale
or transfer of merchandise or goods, or for services rendered, valued at Twenty-Five
Pesos (P 25.00) or more at any one time, prepare and issue sales or commercial
invoices and receipts serially numbered in duplicate, showing among others, their
names or styles, if any, and business address. The original of each sales invoice or
receipts shall be issued to the purchaser or customer and the duplicate to be kept
and preserved by the person subject to the said tax, in his place of business for a
period of five (5) years. The receipts or invoices issued pursuant to the requirement
of the Bureau of Internal Revenue for determination of national internal revenue
taxes shall be sufficient for purposes of this Code.
(d) Sworn Statement of Gross Receipts or Sales. Operators of business subject to the
taxes on business shall submit a sworn statement of the capital investment before
the start of their business operations and upon application for a Mayor's permit to
operate the business. Upon payment of the tax levied in this Chapter, any person
engaged in business subject to the business tax paid based on gross sales and/or
receipts shall submit a sworn statement of his gross sales/receipts for the preceding
calendar year or quarter in such manner and form as may be prescribed by the
Municipal Treasurer. Should the taxpayer fail to submit a sworn statement of gross
sales or receipts, due among others to his failure to have a book of accounts, records
or subsidiaries for his business, the Municipal Treasurer or his authorized
representatives may verify or assess the gross sales or receipts of the taxpayer under
the best available evidence upon which the tax may be based.
(e) Submission of Certified Income Tax Return Copy. All persons who are granted a
permit to conduct an activity or business and who are liable to pay the business
tax provided in this Code shall submit a certified photocopy of their income tax
returns (ITR) on or before April 30 of each year. The deficiency in the business tax
arising out of the difference in gross receipts or sales declared in the application
for Mayor’s Permit/ Declaration of gross sales or receipts and the gross receipts or
sales declared in the ITR shall be payable on or before May 20 of the same year
with interest at the rate of ten percent (10%) corresponding to the two percent (2%)
per month from January to May. Payments of the deficiency tax made after May
20 shall be subject to the twenty-five percent (25%) surcharge and two percent
(2%) interest for every month counted from January up to the month payment is
made.
(g) Transfer of Business to Other Location. Any business for which a municipal
business tax has been paid by the person conducting it may be transferred and
continued in
(h) For newly started business- Newly started business entities shall not be subject to
and/ or liable to the payment of initial local business tax and shall only be subject to
the payment of business permit and other regulatory fees and charges.
(1) Any person natural or juridical, subject to the tax on business under Section 11,
Art. A. of this Ordinance shall, upon termination of the business, submit a sworn
statement of the gross sales or receipts for the current calendar year within thirty
(30) days following the closure. Any tax due shall first be paid before any
business or undertaking is fully terminated.
For the purposes hereof, termination shall mean that business operations
are stopped completely. Any change in ownership, management and/or name
of the business shall not constitute termination as herein contemplated.
Unless stated otherwise, assumption of the business by any new owner or
manager or re-registration of the same business under a new name will only be
considered by the LGU concerned for record purposes in the course of the
renewal of the permit or license to operate the business.
The Municipal Treasurer shall see to it that the payment of taxes of a business is
not avoided by simulating the termination or retirement thereof. For this
purpose, the following procedural guidelines shall be strictly followed:
(a) The Municipal Treasurer shall assign every application for the termination
or retirement of business to an inspector in his office who shall go to
address of the business on record to verify if it is really not operating. If
the inspector finds that the business is simply placed under a new name,
manager and/or new owner, the Municipal Treasurer shall recommend to
the Municipal Mayor the disapproval of the application of the termination
or retirement of said business;
(b) Accordingly, the business continues to become liable for the payment of
all taxes, fees, and charges imposed thereon under existing local tax
ordinance; and
(c) In addition, in the case of a new owner to whom the business was
transferred by sale or other form of conveyance, said new owner shall be
liable to pay the tax or fee for the business and shall secure a new Mayor’s
permit therefor.
(2) In case it is found that the retirement or termination of the business is legitimate
and the tax paid during the current year be less than the tax due for the current
year based on the gross sales or receipts, the difference in the amount of the tax
shall be paid before the business is considered officially retired or terminated.
(3) The permit issued to a business retiring or terminating its operation shall be
surrendered to the Local Treasurer who shall forthwith cancel the same and
record such cancellation in his books.
(j) Death of Licensee. When any individual paying a business tax dies, and the
business is continued by a person interested in his estate, no additional payment
shall be required for the residue of the term for which the tax was paid.
[ The PIL technique makes use of easily verifiable indicators as means for
determining gross sales.
It is based on logical assumptions that do not require monitoring of business
establishments nor financial audit and complicated computation.
The indicators can be in the form of estimated daily sales/gross receipts, average
number of customers, estimates of inventories, inventory turnover and mark-ups,
space occupied, occupancy rates, and others.
The indicators will also depend on he nature of the business.
The major consideration in identifying possible indicators should be that these
are easy to quantify, verifiable, common for the business, and acceptable to both
the LGU and the taxpayers.]
Section 34. The Presumptive Income Level (PIL) of gross receipts shall be used to validate
the gross receipts declared by taxpayers and/or for establishing the taxable gross receipts
where no valid data is otherwise available.
CHAPTER III.
Section 35. Administrative Provision. Pursuant to Article 274 of Republic Act No. 7160
known as the Local Government Code of 1991, the municipal government shall collect
other fees in addition to all taxes and charges levied by the Local Government.
Section 36. - There shall be collected the following fees for the Local Government of
Magsaysay.
Section 37. Imposition of Fees. The above fees shall be imposed to every person
transacting business in any offices of the Municipality of Magsaysay. The fees shall be
collected based on different office transactions as provided in this Code.
Section 38. Usage of Fees. The fees shall be used solely for the following purpose:
Article A.
Mayor's Permit Fee on Business, Scholarship Support Program Fee (SSPF), and
Environmental Management Support Fee (EMSF) for all business
establishments.
Section 39. Mayor’s Permit. - All persons are required to obtain a Mayor’s Permit for
the privilege of conducting business within the municipality.
Section 40. Imposition of Fee. - There shall be collected an annual Mayor's Business
Permit fee, Scholarship Support Program Fee and Environmental Management Support
Fee from every person to operate a business, pursue an occupation or calling, or
undertake any business or trade activity within the Municipality.
The permit fee is payable for every distinct or separate business or place where the
business or trade is conducted. One line of business or trade does not become exempt by
being conducted with some other business or trade for which the permit fee has been
obtained and the corresponding fee paid for.
For purpose of the Mayor’s Permit Fee, the following Philippine categories of business
sizes are hereby adopted:
The permit fee shall either be based on asset size or number of workers, whichever will yield
the higher fee.
2. On Banks
Rural, Thrift and Savings Banks P 1,000.00 P 100.00 P 100.00
Commercial, Industrial and
Development Banks 3,000.00 P 200.00 P 200.00
Universal Banks 5,000.00 P 300.00 P 300.00
3. On Other Financial Institutions
Small P 1,000.00 P 100.00 P 100.00
Medium 3,000.00 P 200.00 P 200.00
Large 5,000.00 P 300.00 P 300.00
4. On Contractors/Service Establishments
Micro-Industry P 100.00 P 10.00 P 10.00
Cottage Industries 300.00 P 15.00 P 15.00
Small-scale Industries 500.00 P 20.00 P 20.00
Medium-Scale Industries 1,000.00 P 25.00 P 25.00
Large-Scale Industries 2,000.00 P 30.00 P 30.00
5. On Wholesalers/Retailers/Dealers or
Distributors
Micro-Industry P 100.00 P 10.00 P 10.00
Cottage Industries 300.00 P 15.00 P 15.00
Small-scale Industries 500.00 P 20.00 P 20.00
Medium-Scale Industries 1,000.00 P 25.00 P 25.00
Large-Scale Industries 2,000.00 P 30.00 P 30.00
6. On Trans-loading Operations
Medium P 2,000.00 P 100.00 P 100.00
Large 4,000.00 P 200.00 P 200.00
7. Other Businesses
Micro-Industry P 100.00 P 10.00 P 10.00
Cottage 200.00 P 15.00 P 15.00
Industries 400.00 P 20.00 P 20.00
Small-scale Industries 800.00 P 25.00 P 25.00
Medium-Scale 1,000.00 P 30.00 P 30.00
Industries
Large-Scale Industries
8. On Cell sites / Communication Tower
Small P 2,000.00 P 200.00 P 200.00
Cottage P 4,000.00 P 400.00 P 400.00
Small-scale P 8,000.00 P 800.00 P 800.00
Medium-Scale P 15,000.00 P P
Large-Scale P 25,000.00 1,500.00 1,500.00
P P
Revised Revenue Code of the Municipality of Page 25
Magsaysay ORDINANCE NO. 07-2019
SB Secretary Office
rtambs2019
9. Business of Retailing Liquid Petroleum
Products
Sec. 9 of DOE DC No. 2003-011-10: CERTIFICATE OF
COMPLIANCE - The DOE, through the OIMB, shall issue a
Certificate of Compliance upon the complete submission of
and full compliance by the Retail Outlet owner and/or
operator with the requirements provided in the foregoing
Sections of this Rule. No Retail Outlet shall operate until a
Certificate of Compliance is so secured from the DOE.
Section 41. Time and Manner of Payment. - The fee for the issuance of a Mayor's
Permit shall be paid to the Municipal Treasurer upon application before any business or
undertaking can be lawfully begun or pursued and within the first twenty (20) days of
January of each year in case of renewal thereof.
For a newly-started business or activity that starts to operate after January 20, the fee shall
be reckoned from the beginning of the calendar quarter. When the business or activity is
abandoned, the fee shall not be exacted for a period longer than the end of the calendar
quarter. if the fee has been paid for a period longer than the current quarter and the
business activity is abandoned, no refund of the fee corresponding to the unexpired quarter
or quarters shall be made.
(a) Supervision and control over establishments and places. The Municipal
Mayor shall supervise and regulate all establishments and places where
business is conducted. He shall prescribe rules and regulations as may be
necessary to maintain peaceful, healthy, and sanitary conditions in the
municipality.
(b) Application for Mayor's Permit: False Statement. An application for a
Mayor's Permit shall be filed with the Office of the Municipal Mayor. The form
for the purpose shall be issued by the same Office and shall set forth the
requisite information including the name and residence of the applicant, the
description of business or undertaking that is to be conducted, and such other
data or information as may be required.
f. Certification from the officer in charge of the zoning that the location of
the new business is in accordance with zoning regulations
g. Tax clearance showing that the applicant has paid his tax obligations
to the municipality
j. Health certificate for all food handlers, and those required under
Chapter IV, Art. D of this Revenue Code
b. Barangay Clearance
Upon submission of the application, it shall be the duty of the proper authorities to
verify if other Municipal requirements regarding the operation of the business or
activity such as sanitary requirements, installation of power and light requirements,
as well as other safety requirements are complied with. The permit to operate shall
be issued only upon compliance with such safety requirements and after the
payment of the corresponding inspection fees and other impositions required by this
Revenue Code and other Municipal tax ordinances.
Any false statement deliberately made by the applicant shall constitute sufficient
ground for denying or revoking the permit issued by the Mayor, and the applicant
or licensee may be prosecuted in accordance with the penalties provided in this
Article.
(4) Any person who is disqualified under any provision of law or ordinance
to establish or operate the business applied for.
The Mayor's Permit shall be issued by the Municipal Mayor upon presentation
of the receipt for the payment of the Mayor's Permit and the official receipt
issued by the Municipal Treasurer for the payment of the business tax.
Every permit issued by the Mayor shall show the name and residence of the
applicant, his nationality and marital status; nature of the organization, that is
whether the business is a sole proprietorship, corporation or partnership, etc.;
location of the business; date of issue and expiration of the permit; and other
information as may be necessary.
The Municipality shall, upon presentation of satisfactory proof that the original of
the permit has been lost, stolen or destroyed, issue a duplicate of the permit
upon the payment of one hundred fifty Pesos (P 150.00_).
(d) Posting of Permit. Every permittee shall keep his permit conspicuously
posted at all times in his place of business or office or if he has no place of
business or office, he shall keep the permit in his person. The permit shall be
immediately produced upon demand by the Municipal Mayor, the Municipal
Treasurer or any of their duly authorized representatives.
(e) Duration of Permit and Renewal. The Mayor's Permit shall be granted for a
period of not more than one (1) year and shall expire on the thirty-first (31st) of
December following the date of issuance unless revoked or surrendered earlier.
Every permit shall cease to be in force upon revocation or surrender thereof. The
permit issued shall be renewed within the first twenty (20) days of January. It
shall have a continuing validity only upon renewal thereof and payment of the
corresponding fee.
(f) Revocation of Permit. The Mayor’s Permit may be revoked any of the following
grounds:
1. When a person doing business under the provisions of this Revenue Code
violates any of its provisions
4. When the person abuses his privilege to do business to the injury of the
public moral or peace; or
6. Such revocation shall operate to forfeit all sums which may have been paid
in respect of said privilege, in addition to the fines and imprisonment that
may be imposed by the Court for violation of any provision of this
Ordinance governing the establishment and maintenance of business, and
to prohibit the exercise of the by the person whose privilege is revoked,
until restore by the Sangguniang Panglungsod.
(a) On restaurants, cafes, cafeterias, carinderias, eateries, food caterers, ice cream
and other refreshment parlors, soda fountain bars, No owner of said
establishments shall employ any cook, or food dispenser without a Food
Handler's Certificate from the Municipal Health Officer, renewable every six (6)
months.
(b) Establishments selling cooked and readily edible foods shall have them
adequately covered and protected from dust, flies and other insects, and shall
follow strictly the rules and regulations on sanitation promulgated by the
Municipal Health Officer and existing laws or ordinances.
(c) Sauna bath, massage, barber and beauty shops. Said shops shall not be allowed
to operate with masseurs, barbers, and beauticians without having secured the
necessary corresponding medical certificate from the Municipal Health Officer.
Article B.
Permit fee, Scholarship support program Fee and Environmental Management
Support Fee for sealing and licensing of weights and measure
Section 44. Implementing Agency. - The Municipal Treasurer shall strictly enforce the
provisions of the Regulation of Practices Relative to Weights and Measures, as provided in
Chapter II of the Consumer Act, Republic Act No. 7394.
Section 45. Sealing and Testing of Instruments of Weights and Measures. - All
instruments for determining weights and measures in all consumer and consumer related
transactions shall be tested, calibrated and sealed every six (6) months by the official sealer
who shall be Municipal Treasurer or his duly authorized representative upon payment of
fees required under this Article: Provided, That all instruments of weights and measures
shall continuously be inspected for compliance with the provisions of this Article.
Section 46. Imposition of Fees. - Every person before using instruments of weights and
measures within this municipality shall first have them sealed and licensed annually and
pay therefor to the Municipal Treasurer the permit fee, Scholarship support program fee
and Environmental Management Support fee at the following rates.
Section 47. Payment of Fees and Surcharge. - The fees herein imposed shall be paid
and collected by the Municipal Treasurer when the weights or measures instruments are
sealed, before their use and thereafter, on or before the anniversary date thereof.
The official receipt serving as license to use the instrument is valid for one (1) year from the
date of sealing unless such instrument becomes defective before the expiration period.
Failure to have the instrument re-tested and the corresponding fees therefor paid within the
prescribed period shall subject the owner or user to a surcharge of five hundred percent
(500%) of the prescribed fees which shall no longer be subject to interest.
Section 48. Place of Payment. - The fees herein levied shall be paid in Municipality/the
municipality where the business is conducted by persons conducting their business
therein. A peddler or itinerant vendor using only one (1) instrument of weight or
measure shall pay the fee in the Municipality/municipality where he maintains his
residence.
(b) The Municipal Treasurer is hereby required to keep full sets of secondary
standards, which shall be compared with the fundamental standards in the
Department of Science and Technology annually. When found to be sufficiently
accurate, the secondary standards shall be distinguished by label, tag or seal
and shall be accompanied by a certificate showing the amount of its variation
from the fundamental standards. If the variation is of sufficient magnitude to
impair the utility of instrument, it shall be destroyed at the Department of
Science and technology.
(c) The Municipal Treasurer or his deputies shall conduct periodic physical
inspection and test weights and measures instruments within the locality.
(d) Instruments of weights and measures found to be defective and such defect is
beyond repair shall be confiscated in favor of the government and shall be
destroyed by the Municipal Treasurer in the presence of the Municipal Auditor or
his representative.
a) for any person other than the official sealer or his duly authorized representative
to place an official tag, seal, sticker, mark, stamp, brand or other characteristic sign
used to indicate that such instrument of weight and measure has officially been
tested, calibrated, sealed or inspected;
c) for any person other than the official sealer or his duly authorized representative to
alter in any way the certificate or receipt given by the official sealer or his duly
authorized representative as an acknowledgement that the instrument for
determining weight or measure has been fully rested, calibrated, sealed or inspected;
d) for any person to make or knowingly sell or use any false or counterfeit seal,
sticker, brand, stamp, tag, certificate or license or any dye for printing or making
the same or any characteristic sign used to indicate that such instrument of weight
or measure has been officially tested, calibrated, sealed or inspected;
e) for any person other than the official sealer or his duly authorized representative to
alter the written or printed figures, letters or symbols on any official seal, sticker,
receipt, stamp, tag, certificate or license used or issued;
f) for any person to use or reuse any restored, altered, expired, damaged stamp, tag
certificate or license for the, purpose of making it appear that the instrument of
weight or measure has been tested, calibrated, sealed or inspected;
g) for any person engaged in the buying and selling of consumer products or of
furnishing services the value of which is estimated by weight or measure to
possess, use or maintain with intention to use any scale, balance, weight or
measure that has not been sealed or if previously sealed, the license therefor has
expired and has not been renewed in due time;
h) for any person to fraudulently alter any scale, balance, weight or measure after it
is officially sealed;
i) for any person to knowingly use any false scale, balance, weight or measure,
whether sealed or not;
j) for any person to fraudulently give short weight or measure in the making of a scale;
k) for any person, assuming to determine truly the weight or measure of any article
brought or sold by weight or measure, to fraudulently misrepresent the weight or
measure thereof; or
l) for any person to procure the commission of any such offense abovementioned by
another.
Instruments officially sealed at some previous time which have remained unaltered and
accurate and the seal or tag officially affixed therein remains intact and in the same
position and condition in which it was placed by the official sealer or his duly authorized
representative shall, if presented for sealing, be sealed promptly on demand by the official
sealer or his duly authorized representative without penalty except a surcharge equal to two
(2) times the regular fee fixed by law for the sealing of an instrument of its class, this
surcharge to be collected and accounted for by the Municipal Treasurer in the same
manner as the regular fees for sealing such instruments.
(a) Any person who shall violate the provisions of paragraphs (a) to (f) and
paragraph (l) of Section 8 Article B shall, upon conviction, be subject to a fine
of not less than Two hundred pesos (P200.00) but not more than One
thousand pesos (P1,000.00) or by imprisonment of not more than one (1) year,
or both, upon the discretion of the court.
(b) Any person who shall violate the provisions of paragraph (g) of Section 8
Article B for the first time shall be subject to fine of not less than Five
hundred pesos (P500.00) or by imprisonment of not less than one (1) month
but not more than five (5) years, or both, upon the discretion of the court.
[This Article has updated to conform to the provisions of the Consumer Act
of 1992, Republic Act No. 7394.] Article C.
Building Permit Fee, Scholarship Support Program Fee, Environmental
Management Support Fee and Sanitary Maintenance Fee.
Section 53. Imposition of Fee. - There shall be collected fee from each applicant for a
building and/or fencing permit pursuant to Department Order 155, Series of 1992 dated
September 25, 1992, of the Department of Public Works and Highways.
Particulars: Fees
A. Construction of Residential Building costing :
Not exceeding P 3,000.00 100.00
For each succeeding P 1,000.00 or fraction
Thereof 10.00
Particulars: Fees
a. Lighting and Power system:
1. For each electric or telephone post
Temporary lightning for the construction shall be charged the same with the regular
fees provided in this section.
Particulars: Fees
Other electrical apparatus for appliances otherwise
provided in this section: 25.00
* Permit fee for its inspection and other
miscellaneous fees
- For each inspection 200.00
- Reconnection fee 25.00
Ancillary structures to swimming pools such as shower rooms, locker rooms and the
like shall likewise be charged 50% of the rates corresponding to the category of the
swimming pool.
Particulars Fees
2.Construction of Firewalls separate from the building and/or
fencing permit :
a. Per square meter or fraction thereof 5.00
b. Provided that the minimum fee shall be 50.00
3.Construction/Erection of towers including radio, Tv
tower, water tank supporting structures and the like :
a. Residential Exempted
b. Commercial/Industrial
. Self supporting
-Up to 10 meters in height P 2,000.00
-Every meter of fraction thereof in excess of 10 meters 100.00
Trilon ( Guyed)
- Up to 10 meters in height 200.00
- Every meter or fraction thereof in excess 10.00
c. Industrial
. Self-supporting
- Up to 10 meters in height 1,500.00
- every meter or fraction thereof In excess of 10 meters 100,00
Particulars: Fees
. Trilon ( Guyed)
- Up to 10 meters in height 100.00
- Every meter or fraction thereof In excess of 10 meters. 10.00
Particulars: Fees
Water closet 75.00
Floor drain 10.00
Sink 20.00
Lavatory 20.00
Showerhead 20.00
Faucet 10.00
Slop sink 10.00
Urinal 10.00
Bath Tub 100.00
Grease trap 10.00
Garage trap 10.00
Bidet 10.00
Filter 10.00
Dental caspider 20.00
Gas heater 20.00
Hot water boiler 20.00
Water meter 20.00
Section 55. Time of Payment- The fees specified under this article shall be paid to
the Municipal Treasurer upon application for a building permit from the Municipal
Mayor.
Section 56. In order to obtain a building permit, the applicant shall file an
application therefor in writing and on the prescribe form with the office of the
Mayor/Building Official. Every application shall provide the following information:
(1) A description of the work to be covered by the permit applied for;
(2) Description of the ownership of the lot on which the proposed work is to
be done as evidenced but TCT and/or copy of the contract of lease over the lot if the
application is not the registered owner:
(3) The use or occupancy for which the proposed work is intended;
(4) Estimated cost of the proposed work.
To be submitted together with such application are at least five sets of corresponding
plans and specifications prepared, signed and sealed by a duly licensed architect or
civil engineer in case of architectural and structural plans, by a registered mechanical
engineer in case of mechanical plans, by a registered electrical engineer in case of
electrical plans, and by licensed sanitary engineer or master plumber in case of
plumbing or sanitary installation plans except in those cases exempted or not
required by the Building Official.
Section 57. Penal Provisions. - It shall be unlawful for any person, firm or
corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert,
demolish, equip, use, occupy, or maintain any building or structure or cause the same
to be done contrary to or in violation of any provision of the Building Code
Any person, firm or corporation, who shall violate any of the provisions of the Code
and/or commit any act hereby declared to be unlawful shall upon conviction, be
punished by a fine not more than twenty thousand pesos or by imprisonment of not
more than two years or by both: Provided, that in case of a corporation, firm,
partnership or association, the penalty shall be imposed upon its official responsible for
such violation and in case the guilty party is an alien, he shall immediately be deported
after payment of the fine and/or service of sentence
Article D.
Processing Fee. For approval of application for locational clearance whether the
project or activity to be undertaken is conforming or non-conforming with the zoning
ordinance, laws or rules and regulations, the following schedule of fees shall apply:
In addition to the above-mentioned fees, in every renewal of business permit there shall
be collected an Annual Fee for Zoning Certification/Zoning Clearance amounting to Five
Hundred Pesos. Provided further, that in every application for Zoning and Locational
Clearance, there shall be collected a Scholarship Support Program Fee (SSPF) and an
Environmental Management Support fee (EMSF) in the amount of not more than 10% of
the total fees.
Section 60. Time of Payment. The prescribed processing fees shall be paid to the
Municipal Treasurer or his duly authorized representative before any development,
construction of renovation projects is lawfully begun or pursued within the territorial
jurisdiction of the municipality, otherwise, surcharge of twenty-five percent (25%)
thereof shall be imposed, plus an interest of two percent (2%) per month for non-
compliance of
Section 61. Penalty. Violation and Penalty. Any person who violates any of te provision
of this Ordinance shall upon conviction, be punished by a fine of One Thousand Pesos
(1,000.00) and/or imprisonment of not less than one (1) month but not exceeding six (6)
month or both at the discretion of the Court. In case of violation by a corporation,
partnership, or association, the penalty shall be imposed upon the erring officers thereof.
Section 62. Accrual of Proceeds. The proceeds from Zoning/Locational and related fees
shall accrue to the general fund of this municipality.
Section 63. Administrative Provision. It shall be the duty of the Zoning Administrator
or the duly designated local official to secure annually, from HLURB pertinent rules and
regulation required to implement this Article and to obtain the revised schedule of fees
as soon as they are promulgated and become effective.
Article E.
Permit Fees, Scholarship Support Program Fee and Road Maintenance Fee on
Tricycle Operation
(a) Motorized Tricycle is a motor vehicle propelled other than by muscular power,
composed of a motorcycle fitted with a single wheel sidecar or a motorcycle with
a two wheeled cab, the former having a total of four wheels, otherwise known as
the motorela.
(b) Tricycle Operators are persons engaged in the business of operating tricycles.
(e) Zone is a contiguous land area or block, say a subdivision or barangay, where
tricycles-for-hire may operate without a fixed origin and destination.
Section 65. Imposition of Fees. - There shall be collected an annual fee in the
amount of Four Hundred Pesos (P400.00) for the operation of tricycle-for-hire and an
additional Scholarship Support Program Fee and Road Maintenance Fee
(a) The fee shall be paid to the Municipal Treasurer upon application or renewal of
the permit.
(c) Filing fee for amendment of MTOP shall be paid upon application for transfer to
another zone, change of ownership of unit or transfer of MTOP.
(a) Prospective operators of tricycles should first secure a Motorized Tricycle Operator's
permit (MTOP) from the Sangguniang Bayan.
1. Issue, amend, revise, renew, suspend, or cancel MTOP and prescribe the
appropriate terms and conditions therefor; determine, fix, prescribe or
periodically adjust fares or rates for the service provided in a zone after public
hearing; prescribe and regulate zones of service in coordination with the
barangay; fix, impose and collect, and periodically review and adjust but not
oftener than once every three (3) years, reasonable fees and other related
charges in the regulation of tricycles-for-hire; and establish and prescribe the
conditions and qualifications of service.
2. Only Filipino citizens and partnership or corporation with sixty percent (60%)
Filipino equity shall be granted the MTOP. No MTOP shall be granted by the
Municipality unless the applicant is in possession of units with valid
registration papers form the Land Transportation Office (LTO).
3. The grantee of the MTOP shall carry a common carriers insurance sufficient
to answer for any liability it may incur to passengers and third parties in
case of accidents;
4. Operators of tricycles-for-hire shall employ drivers duly licensed by LTO for
tricycles-for-hire.
5. Operators who intend to stop service completely, or suspend service for more
than one (1) month shall report in writing such termination or suspension to
the Sangguniang Bayan ;
It shall establish a fare structure that will provide the operator a reasonable return
or profit, and still be affordable to the general public. The fare structure may either
be flat (single fare regardless of distance) as a minimum amount plus a basic rate
per kilometer.
(d) The zones must be within the boundaries of this municipality. The existing zones
which covers the territorial unit not only of the municipality but other adjoining
municipalities or cities as well shall be maintained provided the operators serving
the said zone secure the MTOP.
(e) For the purpose of this Article, there is created a Municipal Tricycle Operator’s
Permit Regulatory Board composed of the following:
Chairman
(f) The Municipal Treasurer shall keep a registry of all tricycle operators which shall
include among others, the name and address of the operator and the number and
brand of tricycles owned and operated by said operator.
Article F.
Permit Fee on Pedaled Tricycle," Payong payong"," Habal habal" Motorcycle,
"Skylab", Pedicab and Bicycles and an additional Scholoarship Support Program Fee
and Road Maintenance Fee.
Section 69. Imposition of Fee. - There shall be collected an annual registration fee
for every Pedaled Tricycle," Payong payong", "Habal habal" Motorcycle, "Skylab",
Pedicab and Bicycles, and an additional Scholarship Support Program Fee and Road
Maintenance Fee.
Section 70. Time of Payment. - The fee imposed herein shall be due on the first day of
January and payable to the Municipal Treasurer within the first twenty (20) days of
January of every year. For any of the above acquired after the first twenty (20) days of
January, the permit fee shall be paid without the penalty within the first twenty (20)
days of the quarter following the date of purchase.
(b) The Municipal Treasurer shall keep a register of all items enumerated under
Sec. 69 Article F. containing information such as the make and brand, the name
and address of the owner and the number of the permit plate.
Article G.
Permit Fee for Cockpits Owners/Operators/Licensees/
Promoters and Cockpit Personnel
(a) Cockpit includes any place, compound, building or portion thereof, where
cockfights are held, whether or not money bets are made on the results of such
cockfights.
(b) Bet taker or Promoter refers to a person who alone or with another initiates a
cockfight and/or calls and take care of bets from owners of both gamecocks
and those of other bettors before he orders commencement of the cockfight
thereafter distributes won bets to the winners after deducting a certain
commission, or both.
(c) Gaffer (Taga-tari) refers to a person knowledgeable in the art of arming fighting
cocks with gaffs on one or both legs.
(d) Referee (Sentenciador) refers to a person who watches and oversees the proper
gaffing of fighting cocks; determines the physical condition of gamecocks while
cockfighting is in progress, the injuries sustained by the cocks and their
capability to continue fighting, and decides and makes known his decision
either by word or gesture the result of the cockfighting by announcing the
winner or deciding a tie in a contest game.
Section 73. Imposition of Fees. - There shall be collected the following Mayor's
Permit Fees, Scholarship Support Program Fee and Environmental Management
Support Fee from cockpit operators/owners/licensees and cockpit personnel:
(a) The application filing fee is payable to the Municipal Treasurer upon
application for a permit or license to operate and maintain cockpits.
(c) The permit fees on cockpit personnel shall be paid before they participate in a
cockfight and shall be paid annually upon renewal of the permit on the birth
month of the permittee
(a) Ownership, operation and management of cockpit. Only Filipino citizens not
otherwise inhibited by existing ordinances or laws shall be allowed to own,
manage and operate cockpits. Cooperative capitalization is encouraged.
(b) Establishment of cockpit. The Sangguniang Bayan shall determine the number
of cockpits to be allowed in this Municipality.
(d) Only duly registered and licensed promoters, referees, cashiers, bet managers, pit
referees, bet takers, or gaffers shall take part in all kinds of cockfights held in this
Municipality. No operator or owner of a cockpit shall employ or allow to
participate in a cockfight any of the above-mentioned personnel unless he has
registered and paid the fee herein required.
(e) Upon payment of the fees herein imposed, the corresponding Mayor's Permit
shall be issued.
Section 76. Applicability Clause. - The provision of PD 449, otherwise known as the
Cockfighting Law of 1974, PD 1802 (Creating the Philippine Gamefowl Commission),
and such other pertinent laws shall apply to all matters regarding the operation of
cockpits and the holding of cockfights in this Municipality.
Article H.
Section 79. Exclusions. - Regular cockfights i.e., those held during Sundays, legal
holidays and local fiestas and international derbies shall be excluded from the
payment of fees herein imposed.
Section 80. Time and Manner of Payment. - The fees herein imposed shall be
payable to the Municipal Treasurer before the special cockfights and derbies can be
lawfully held.
(c) Cockfighting officials. Gaffers, referees, bet takers, or promoters shall not act as
such in any cockfight in the Municipality without first securing a license
renewable every year on their birth month from the Municipality where such
cockfighting is held. Only gaffers, referees, bet takes, or promoters licensed by
the Municipality shall officiate in all kinds of cockfighting authorized herein.
Article I.
Section 82. Imposition of Fee - There shall be collected an annual fee at the rate
prescribed hereunder for the issuance of Mayor’s Permit to every person who shall be
engaged in the practice of occupation or calling not requiring government
Revised Revenue Code of the Municipality of Page 50
Magsaysay ORDINANCE NO. 07-2019
SB Secretary Office
rtambs2019
examination
Rate of Fee
OCCUPATION OR CALLING SSPF EMSF
Per Annum
(a) On employees and workers in
generally considered “Offensive and P 800.00 P 80.00 P 80.00
Dangerous Business
Establishments”
Section 84. Person Governed - The following workers or employees whether working
on temporary or permanent basis, shall secure the individual Mayor’s Permit prescribed
herewith;
(b) Employees and workers in food or eatery establishments such as but not limited
to the following:
(c) Employees or workers in night or night and day establishments such as but not
limited to the following:
Workers or employees in bars; boxing stadium; bowling alleys; billiards and pool
halls; cinema houses; cabarets and dance halls; cocktail lounges; circuses;
carnivals and the like; day clubs and night clubs; golf clubs; massage clinics, sauna
baths or similar establishment; hotels; motels; horse racing clubs; pelota courts;
polo clubs; private detective or watchman security agencies; supper clubs and all
other business establishment whose business activities are performed and
consumed during night time.
(d) All other employees and persons who exercise their profession, occupation or
calling within the jurisdiction limits of the Municipality aside from those already
specifically mentioned in Section 02.
Section 85. Time and Manner of Payment - The fees prescribed in this Article shall
be paid to the Municipal Treasurer upon filing of the application for the first time and
annually thereafter within the first twenty (20) days of January and every quarter
thereafter. The permit fee is payable for every separate or distinct occupation or
calling engaged in. Employer shall advance the fees to the Municipality for its
employees.
Section 86. Surcharge for Late Payment. - Failure to pay the fee prescribed in this
Article within the time prescribed shall subject a taxpayer to a surcharge of Twenty-
five percent (25%) of the original amount of the fee due, such surcharge shall be paid
at the same time and in the same manner as the tax due.
In case of change of ownership of the business as well as the location thereof from
Municipality to another, it shall be the duty of the new owner, agent or manager of
such business to secure a new permit as required in this Article and pay the
corresponding permit fee as though it were new business.
Newly hired workers and/or employees shall secure their individual Mayor’s Permit
from the moment they are actually accepted by the management of any business or
industrial establishment to starts working.
The individual Mayor’s Permit so secured shall be renewed during the respective birth
month of the permittee next following calendar.
(a) The Municipal Treasurer shall keep a record of persons engaged in occupation
and /or calling not requiring government examination and the corresponding
payment of fees required under personal data for reference purpose.
(b) Persons engaged in the above mentioned occupation or calling with valid
Mayor’s Permit shall be required to surrender such permit and the
corresponding Official Receipt for the payment of fees to the Municipal
Treasurer and to the Municipal Mayor respectively for cancellation upon
retirement or cessation of the practice of the said occupation or calling.
ARTICLE J.
Section 88. Definition. - For purposes of this Article, "large cattle" includes a two-
year old horse, mule ass, carabao, cow or other domesticated member of the bovine
family.
Section 89. Imposition of Fee. - The owner of a large cattle is hereby required to
register said cattle with the Municipal Treasurer for which a certificate of ownership
shall be issued to the owner upon payment of a registration fee, Scholarship Support
Program Fee and Environmental Management Support Fee as follows:
The transfer fee shall be collected only once if a large cattle is transferred more than
once in a day.
Section 90. Time and Manner of Payment. - The registration fee shall be paid to the
Municipal Treasurer upon registration or transfer of ownership of the large cattle.
(a) Large cattle shall be registered with the Municipal Treasurer upon reaching the
age of two (2) years.
(b) The ownership of large cattle or its sale or transfer of ownership to another
person shall be registered with the Municipal Treasurer. All branded and
counter-branded large cattle presented to the Municipal Treasurer shall be
registered in a book showing among others, the name and residence of the
owner, the consideration or purchase price of the animal in cases of sale or
transfer, and the class, color, sex, brands and other identification marks of the
cattle. These data shall also be stated in the certificate of ownership issued to
the owner of the large cattle.
(c) The transfer of the large cattle, regardless of its age, shall be entered in the
registry book setting forth, among others, the names and the residence of the
owners and the purchaser; the consideration or purchase price of the animal
for sale or transfer, class, sex, brands and other identifying marks of the
animals; and a reference by number to the original certificate of ownership with
the name of the Municipality issued to it. No entries of transfer shall be made
or certificate of transfer shall be issued by the Municipal Treasurer except
upon the production of the original certificate of ownership and certificates of
transfer and such other documents that show title to the owner.
Section 92. Applicability Clause. – All other matters relating to the registration of large
cattle shall be governed by the pertinent provisions of the Revised Administrative Code
and other applicable laws, ordinances and rules and regulations.
[The93.
Section yield from this–imposition
Definition. When used is
in low. Its transfer to the barangay should be
this Article.
considered.]
(a) Astray Animal means an animal which is set loose unrestrained, and not under
the complete control of its owner, or the charge or in possession thereof, found
roaming at-large in public or private places whether fettered or not.
(b) Public Place includes national, Municipality, or barangay streets, parks, plazas,
and such other places open to the public.
(c) Private Place includes privately-owned streets or yards, rice fields or farmlands,
or lots owned by an individual other than the owner of the animal.
(d) Large Cattle includes horses, mules, asses, carabaos, cows, and other domestic
members of the bovine family.
Section 94. Imposition of Fee. – There shall be imposed the following fees for
each day or fraction thereof on each head of astray animal found running or roaming
at large, or fettered in public or private places:
Section 95. Time of Payment. – The impounding fee shall be paid to the Municipal
Treasurer prior to the release of the impounded animal to its owner.
(a) For purposes of this Article, the Chief of Police of the Municipality is hereby
authorized to apprehend and impound astray animals in the Municipal corral
or a place duly designated for such purpose. He shall also cause the posting of
notice of the impounded astray animal in the Municipal Hall for three (3)
consecutive days, starting one day after the animal is impounded, within which
the owner is required to claim and establish ownership of the impounded
animal. The Municipal Mayor and Municipal Treasurer shall be informed of the
impounding.
(b) Impounded animals not claimed within five ( 5 ) days after the date of
impounding shall be sold at public auction under the following procedures:
1. The Municipal Treasurer shall post notice for three (3) days in public ( )
places including the main door of the Municipal Hall and the public markets.
The animal shall be sold to the highest bidder. Within three (3) days after the
auction sale, the Municipal Treasurer shall make a report of the proceedings
in writing to the Municipal Mayor.
2. The owner may stop the sale by paying at any time before or during the
auction sale, the impounding fees due and the cost of the advertisement and
conduct of sale to the Municipal Treasurer, otherwise, the sale shall proceed.
3. The proceeds of the sale shall be applied to satisfy the cost of impounding,
advertisement and conduct of sale. The residue over these costs shall accrue
to the General Fund of the Municipality.
4. In case the impounded animal is not disposed of within the three (3) days
from the date of notice of public auction, the same shall be considered sold
to the Municipal Government for the amount equivalent to the poundage
fees due.
Section 97. Penalty. – Owners whose animals are caught astray and incurring
damages to plants and properties shall pay the following fines:
[The98.
Section yield from this imposition
Imposition is low.
of Fee. - There Its be
shall transfer to the
collected barangay should
a registration be
fee of fifty
considered.]
pesos (P50.00) per annum for each animal drawn cart or sledge used in this
Municipality which shall be registered with the Office of the Municipal Treasurer.
Section 99. Time and Manner of Payment. - The fee imposed herein shall be due and
payable within the first twenty (20) days of January of every year. For each cart or
sledge newly acquired after the first twenty (20) days of January, the permit shall be
paid without penalty within the first twenty (20) days of the quarter following the date of
purchase.
(a) A metal plate with a corresponding registry number shall be provided by the
Municipal Treasurer for every calesa or sledge at cost to the owner.
(b) The Municipal Treasurer shall keep a register of all carts or sledges which shall
set forth, among others, the name and address of the owner.
[The yield
Section from
101. this imposition
Imposition is low.
of Fee. Its transfer
– There shall betocollected
the barangay should
a permit fee be
of one
considered.]
hundred pesos (P100.00) per annum for each calesa or caretela used in this
Municipality which shall be registered with the Office of the Municipal Treasurer.
Section 102. Time and Manner of Payment. – The fee imposed herein shall be due
and payable upon application for a Mayor's Permit within the first twenty (20) days of
January of each year. For newly acquired calesas or caretelas, the fee shall be payable
within twenty (20) days after acquisition.
(a) A metal plate shall be provided by the Municipal Treasurer for every registered
caretela or calesa.
(b) The Municipal Treasurer shall keep a register of all calesas or caretelas which
shall contain, among others, the name and the address of the owner.
Article N. Permit Fee for Agricultural Machinery
and Other Heavy Equipment
Section 104. Imposition of Fees. – There shall be collected an annual permit fee,
Scholarship Support Program Fee and Road Maintenance Fee at the following rates for
each agricultural machinery or heavy equipment renting-out or operating with in this
municipality, to wit;
KINDS OF MACHINERY & EQUIPMENT Rate of Fee Per Annum SSPF RMF
Private Use Renting Out 10% of Fee 10% of Fee
Section 105. Time and Manner of Payment. – The fee imposed herein shall be payable
prior to the rental of the equipment upon application for a Mayor's permit.
Section 107. Imposition of Fee. – There shall be imposed an annual inspection fee,
Scholarship Support Program Fee and Environmental Management Support Fee on
internal combustion engines generators and other machines in accordance with the
following schedules:
Rate of Fee
KINDS OF MACHINERIES & SSPF EMSF
Per Annum
ENGINES
(a) Internal combustion engines
1. 2Hp and below P 300.00 30.00 30.00
2. 5Hp and below but not lower than 3Hp P 350.00 35.00 35.00
3. 10Hp and below but not lower than 5Hp P 400.00 40.00 40.00
4. 14Hp and below but not lower than 10Hp P 500.00 50.00 50.00
5. Above 15Hp P 550.00 55.00 55.00
(b) Other stationary engines or machines
1. 3Hp and below P 300.00 30.00 30.00
2. 5Hp and below but not lower than 3Hp P 400.00 40.00 40.00
3. 10Hp and below but not lower than 5Hp P 500.00 50.00 50.00
4. 14Hp and below but not lower than 10Hp P 600.00 60.00 60.00
5. Above 14Hp P 700.00 70.00 70.00
(c) Electrical generators and other machine propelled by electric motors will be levied the
same rates found in subsection (1).
Article P.
Permit fee, Scholarship Support Program Fee and Environmental Management
Support Fee for the Storage of Flammable and
Combustible Materials
Section 110. Imposition of Fee. – There shall be collected an annual permit fee
Scholarship Program Fee and Sanitary Maintenance Fee for the storage of
combustible materials at the rates as follows:
Rate of Fee
KINDS OF MACHINERIES & SSPF EMSF
Per Annum
ENGINES
(a) Storage of gasoline, diesel, fuel, kerosene and
similar products
1. Less than 500 P 300.00 30.00 30.00
2. liters 500 to 2,000 P 500.00 50.00 50.00
3. liters P 800.00 80.00 80.00
4. 2,001 to 5,000 liters P1,000.00 110.00 110.00
5. 5,001 to 20,000 liters P1,400.00 140.00 140.00
6. 20,001 to 50,000 liters P 2,000.00 200.00 200.00
7. 50,001 to 100,000 liters P 3,000.00 300.00 300.00
Over 100,000 liters
(b) Storage of cinematographic film P 300.00 30.00 30.00
(c) Storage of celluloid P 500.00 50.00 50.00
(d) Storage of Calcium carbide
1. Less than 50 cases P 400.00 40.00 40.00
2. 50 to 90 cases P 600.00 60.00 60.00
3. 100 or more cases P 1,000.00 100.00 100.00
(e) Storage of tar, resin and similar materials
1. Less than 1,000 kls P 500.00 50.00 50.00
2. 1,000 to 2,500 kls P 700.00 70.00 70.00
3. 2,500 to 5,000 kls P 1,000.00 100.00 100.00
4. Over 5,000 kls P 1,300.00 130.00 130.00
(f) Storage for coal deposits
1. Below 100 tons P 3,000.00 300.00 300.00
2. 100 tons or above P 5,000.00 500.00 500.00
(g) Storage for combustible, flammable or
explosive substance not mentioned above P 3,000.00 300.00 300.00
Section 111. Time of Payment. – The fees imposed in this Article shall be paid to
the Municipal Treasurer upon application for his permit with the Mayor to store the
aforementioned substances.
(a) No person shall keep or store at his place of business any of the following
flammable, combustible or explosive substances without securing a permit
therefor. Gasoline or naptha not exceeding the quantity of One Hundred (100)
gallons, kept in and used by launches or motor vehicles shall be exempt from the
Permit fee herein required.
Section 113. Imposition of Fee. Any person who shall temporarily use and/or
occupy a road, street, sidewalks, alley patio, plaza and Playground or portion thereof
in this municipality in connection with construction works and/or other purpose,
shall first secure a permit from the mayor and pay the fees that includes Permit Fee.
Scholarship Support Program Fee and Environmental Management Support Fee
according to the following schedule.
Section 114. Time of Payment. The fee shall be paid to the Municipal Treasurer
upon filing of the application permit with the Municipal Mayor.
Article R.
Permit Fee Scholarship Support Program fee and Road Maintenance fee for
Excavation
Section 116. Imposition of Fee. There shall be imposed the following fees on every
person who shall make or cause to be made any excavation on public or private
streets within this Municipality.
(d) For crossing existing curbs and gutters P 100.00 P 10.00 P 10.00
resulting in damage
(e) Additional fee for every day (day or week) of
delay in excess of excavation period P 100.00 P 10.00 P 10.00
provided in the Mayor’s permit
Section 117. Time and Manner of Payment. – The fee imposed herein shall be paid
to the Municipal Treasurer by every person who shall make any excavation or cause
any excavation to be made upon application for Mayor's Permit, but in all cases, prior
to the excavation.
A cash deposit in an amount equal to the amount of restoration shall be deposited with
the Municipal Treasurer at the same time the permit is paid. The cash deposit shall be
forfeited in favor of the Municipal Government in case the restoration to its original form
of the street excavated is not made within fifteen (15 ) days after the purpose of the
excavation is accomplished.
(b) The Municipal Engineer/Municipal Building Official shall supervise the digging
and excavation and shall determine the necessary width of the streets to be dug
or excavated. Said official shall likewise inform the Municipal Treasurer of any
delay in the completion of the excavation work for purposes of collection of the
additional fee.
(c) In order to protect the public from any danger, appropriate signs must be placed
in the area where work is being done.
Article S.
Permit Fee, Scholarship Support Program fee (SSPF) and Environmental
Management Support fee (EMSF) on Circus and Other Parades
Section 119. Imposition of Fee. –There shall be collected a Mayor's Permit Fee of
100 per day and an additional amount of P 10.00 SSPF and P 10.00 for EMSF per day
on every circus and other parades using banners, floats or musical instruments
carried out in this Municipality.
Section 120. Time and Manner of Payment. – The fee imposed herein shall be due
and payable to the Municipal Treasurer upon application for a permit to the Municipal
Mayor at least three (3) days before the scheduled date of the circus or parade and on
such activity shall be held.
(b) The Station Commander of the Philippine National Police shall promulgate the
necessary rules and regulations to maintain an orderly and peaceful conduct of
the activities mentioned in this Article. He shall also define the boundary within
which such activities may be lawfully conducted.
Article T.
Permit Fee, Scholarship Support Program fee and Environmental Management
Support fee for the Conduct of Group Activities
Section 123. Imposition of Fee. – Every person who shall conduct, or hold any
program, or activity involving the grouping of people within the jurisdiction of this
Municipality shall obtain a Mayor’s permit therefor for every occasion of not more
than twenty-four (24) hours and pay the Municipal Treasurer the corresponding fee in
the following schedule:
Section 124. Time of Payment. – The fee imposed in this article shall be paid to the
Municipal Treasurer upon filing of application for permit with the Municipal Mayor.
Article U.
Permit Fee, Scholarship Support Program Fee and Environmental Management
Support fee on Film-Making
Section 127. Imposition of Fee. – There shall be collected the following permit fee from
any person who shall go on location-filming within the territorial jurisdiction of this
Municipality.
In cases of extension of filming time, the additional amount required must be paid
prior to extension to filming time.
Section 128. Time of Payment. – The fee imposed herein shall be paid to the
Municipal Treasurer upon application for the Mayor's Permit three (3) days before
location-filming is commenced.
Article V.
Establishment and Operation of Fishpond
Permit fee, scholarship support program fee (SSPF) and Environmental Management
Support Program fee for the Establishment and Operation of Fishponds/Fish Breeding
grounds in private and public properties within the municipality of Magsaysay.
Section 129. Defination- For purpose of this Article Fishpond means the impounded
inland fresh water utilized as fatening or breeding ground or bed for fresh water fish
and clumps.
Section 130. Imposition of Fee: There shall be collected an Annual Regulatory Fee
and Environment Support Program Fee for every individual who operates a fishpond
as fatening or breeding ground of inland fresh water fish and clumps in private and
public properties within this municipality according to the following rates.
Article W.
Permit fee for visitation of Tourist Destinations / Spots
Documentary Service fees and other Regulatory Fees for the services rendered
by the offices of the Municipality of Magsaysay
Section 132. Imposition of Fees. – There shall be collected the following fees from
every person requesting for copies of official records and documents from the offices of
this Municipality.
2. Dental Certificates 1% of 1% of
amount amount
P 150.00 of fee of fee
1% of 1% of
amount amount
of fee of fee
1% of 1% of
amount amount
of fee of fee
Section 133. Exemption. – The fees imposed in this Article shall not be collected for
copies furnished to other offices and branches of the government for official business,
except for those copies required by the Court at the request of the litigant, in which
case, charges shall be in accordance with the above-mentioned schedule.
Section 134. Time and Manner of Payment. – The fees shall be paid to the
Municipal Treasurer at the time the request, written or otherwise, for the issuance of
a copy of any Municipal record or document is made.
Section 135. Imposition of Fees. There shall be collected service fee, Scholarship
Support Program fee, Archival Fee and other related fees for services rendered by the
Municipal Civil Registrar of this Municipality in accordance w/ the following roles
1% of 1% of
amount of amount of
fee fee
F. Death Related Fees:
1) Registration of Death P 150.00 1% of 1% of
2) Certification of Death P 150.00 amount of amount of
fee fee
3) Certified true copy of death P 150.00 1% of 1% of
certificate amount of amount of
fee fee
G. For Registration Fee of the following:
1) * Legitimation
a) Affidavit of Legitimation P 150.00 1% of amount of fee 1% of amount of fee
b) Legitimation P 150.00 1% of amount of fee 1% of amount of fee
c) Legitimation by decree of
Court P 750.00 1% of amount of fee 1% of amount of fee
d) Affidavit to use the
Surname of the Father P 150.00 1% of amount of fee 1% of amount of fee
(AUSF)
2) * Adoption P 750.00 1% of 1% of
amount of amount of
fee fee
Section 136. Exemptions. – The fee imposed in this Article shall not be collected in
the following cases:
(a) Issuance of certified copies of documents for official use at the request of a
competent court or other government agency, except those copies required by
courts at the request of litigants, in which case the fee should be collected.
(b) Issuance of birth certificates of children reaching school age when such
certificates are required for admission to the primary grades in a public school.
Section 137. Time of Payment. – The fees shall be paid to the Municipal Treasurer
before registration or issuance of the permit, license or certified copy of local registry
records or documents.
Section 4B.07. No fee shall be collected for registration of birth and deaths provided the
same are reported in accordance with the reglamentary period as provided in the next
proceeding section.
Section 4B.08. It shall be the duty of the Municipal Treasurer to receive and collect
administrative fines provided in this ordinance.
Mayor's / Police Clearance fee and Scholarship Support Program fee and
Environmental Management Support Program Fee.
Section 141. Imposition Fee. – There shall be paid for each police/mayor's clearance
certificate obtained from the Station Commander of the Philippine National Police of this
Municipality the following fees:
Section 142. Time of Payment. – The service fees imposed in this article shall be paid
to the Municipal Treasurer, upon application for the police clearance certificates.
Particular Rate/Annum
a. Livestock Farm
♣ Large Cattle Farm 1,000.00
♣ Goat Farm 500.00
♣ Piggery Farm 500.00
♣ Poultry Farm
○ Less than 10,000 heads 1,000.00
○ More than 10,000 heads 3,000.00
b. Manufactures, importer of any article of commerce including
brewers, distiller, repackers and compounder of liquors, distilled
spirits and/or wine refilling plants, dressing plants 2,500.00
c. Exporters 2,000.00
d. Financing institutions like banks, money shops, insurance, Pre-
need companies and the like 1,000.00
Section 144. Time and Manner of Payment. The fees imposed in this article shall
be paid to the Municipal Treasurer or his/her duly authorized representative upon
filling of the Sanitary Inspection Certificate with the Municipal Health Officer and
upon renewal of the same every year thereafter within the first twenty (20) days of
January.
Section 146. Any violation of this Article shall be liable to a fine of Five Thousand
Pesos (P5, 000.00).
Section 147. Imposition of Fees. There shall be collected a fee from any person who is
given a physical examination by the Municipal Health Officer or his duly authorized
representative, as required by existing ordinance: and Scholarship Support Program
Fee (SSPF) and Sanitation Maintenance Fee (SMF), as follows;
Section 148. Time of Payment. – The fee shall be paid to the Municipal Treasurer
before the physical examination is made and the medical certificate is issued.
Section 149. Exemptions. – Residents who are certified by the assigned Municipal
Officer as indigent and upon approval by the Municipal Mayor may be exempted from
the payment of any or all fees in this schedule.
An indigent is one who belongs to a family whose family income does not exceed
P50,000.00 per year/ or of the poverty line established by NEDA, whichever is higher.
Section 151. Penalty. A fine of Five Thousand Pesos (P 5,000.00) shall be paid by the
owner, manager or operators of the establishment for each employee found to be
without the necessary medical certificates.
M. Restaurants:
Restaurants, panciterias, cafes or
cafeterias, carinderias, kitchenettes, refreshment
parlors or any other public eating place: 500.00
N. Storage
1. Cold Storage:
a. Refrigerating cases with less than 5 cu.m.
capacity 500.00
b. With a total capacity of 5 cu.m. to 50
cu.m. capacity 1,000.00
c. With a total capacity of 51 cu.m. or more 1,500.00
2. Motor oil storage 500.00
3. Gasoline, petroleum or other similar
products (storage):
a. 10 to 500 gallons 300.00
b. 501 to 1,000 gallons 500.00
c. 1,001 to 3,000 gallons 800.00
d. 3,001 to 5,000 gallons 1,000.00
e. 5,001 50,000 gallons 1,500.00
f. 20,001 gallons or over 2,000.00
O. Supermarkets:
Supermarkets (including the following
section, i.e. wet market, groceries, drug stores,
hardware restaurant, appliances, school supplies dry
goods, and other sections):
a. Below a capitalization of P100,000 300.00
b. With a capitalization of P100,000 to
P500,000 500.00
c. With a capitalization of 500,001
to 1,000,000 per section 800.00
d. With a capitalization of 1,000,001 or more,
per section 1,000.00
P. Store
1. Drug Stores 300.00
2. Hardware and Appliance Stores 300.00
3. Variety Store/Tindahang Bayan:
a. Along Streets 150.00
b. Those in the interiors 150.00
c. Those with a capital less than 500.00 50.00
4. Dealers in logging and farm machineries and
equipment 1,000.00
5. Dealers in automobiles, trucks, jeeps, or
jitneys and other vehicle. 1,500.00
Q. Dealers in motorcycle, tricycles, inboard and
outboard motors 1,000.00
R. Public and Private universities, colleges, schools,
and other teaching and vocational
institutions(Based on semestral enrolment):
a. 10,000 or more students 1,000.00
b. 8,000 to less than 10,000 students 800.00
c. 5,000 to less 8,000 students 500.00
d. 2,000 to 5,000 students 300.00
e. 1,000 students 300.00
Section 153. Time of Payment. – The fees prescribed in this Article shall be paid to the
Municipal Treasurer on or before the tenth (10 th) day of every month or the authorized
representative who shall collect the said fee from the establishment.
(a) For purposes of the imposition, the area of garbage collection shall only be the
business area of the town proper and Public Market.
(c) The Sanitary Inspector (for the Municipal Health Officer) shall inspect once
every month of the said business establishment to find out whether garbage is
properly disposed of within the premises.
(d) This Article shall not apply to business operators or establishments which
provides their own system of garbage disposal.
Section 155. Imposition Fee – There shall be collected/imposed from every owner of
the dog a vaccination fee of one hundred fifty pesos (P150.00) for every dog vaccinated
within the territorial jurisdiction of this Municipality.
Section 156. Time of Payment – The fee shall be paid to the Municipal Treasurer prior
to the vaccination of the dog in close coordination with the Office of the Municipal
Agriculturist / Municipal Veterinarian.
(a) Every dog 3 months of age and older should be submitted by the owner
for vaccination against rabies every year. Young dogs shall be vaccinated
within thirty (30) days after they have reached three months of age.
(b) During free mass dog rabies vaccination campaign, every dog 3 months
of age and older should be submitted by the owner for vaccination. Dogs
not submitted on the scheduled date or within one month thereafter
shall be exterminated under the supervision of the Municipal Rabies
Control Authority.
2. It shall be the duty of each trained vaccinator when vaccinating any dog to
complete certificate of rabies vaccination (in duplicate for each animal
vaccinated). The certificate shall include the following information.
(b) Description of dog (color, sex, markings, age, name, species and breed if
any)
3. The dog owner shall be provided with a copy of the certificate. The
veterinarian/ vaccinator will retain one copy for the duration of the
vaccination. A durable metal or plastic tag, serially numbered issued by the
veterinarian/ vaccinator, shall be securely attached to the collar of the dog.
6. Reporting of Biting Incidents - The owner of a dog which has bitten any person
and the person who has been bitten shall, within 24 hours of the occurrence,
report the incident to the Municipal Rabies Control Authority, a health care
worker or a police officer receiving such information who shall immediately
transmit it to the Municipal Rabies Control Authority for investigation.
7. The owner of a dog which has bitten any person shall be responsible for all the
Treatment and dog examination.
Section 158. Penalty – Any dog owner who fails to abide by any of the provisions of his
ordinance shall be subjected to a fine of Two Thousand Five Hundred (P2,500.00) Pesos
without prejudice to the provision of Section 3 (7).
It shall be the responsibility of the Municipal Rabies Control Authority to administer this
ordinance, and to promulgate the necessary rules and regulations for its implementation.
Enforcement shall be the responsibility of the Municipal Rabies Control Authority as
defined under Section 1 of this article.
CHAPTER V.
MUNICIPAL
CHARGES
Article A. Rentals of Personal and Real
Properties Owned by the Municipality
(A). For use by Local Gov't. Units, other gov't agencies, government owned and
controlled corporations and cooperatives.
Rate of Renta
(specify if annu l
Item KINDS OF PROPERTY
monthly, al,
or
weekly daily)
1. Dump truck P 6,400.00/8hrs.
2. Grader P 8,000.00/8 hrs.
3. Backhoe P 8,000.00/8 hrs.
4. Loader P 8,000.00/8 hrs.
5. Compactor P 6,400.00/8 hrs.
6. Backhoe/loader P 6,400.00/8 hrs.
7. Bulldozer P 8,000.00/8 hrs.
Rate of Rental
(specify if annual,
Item KINDS OF PROPERTY
monthly, weekly or
daily)
1. Dump truck P 7,200.00/ 8 hrs.
2. Grader P 9,200.00/ 8 hrs.
3. Backhoe P 9,200.00/ 8 hrs.
4. Loader P 9,200.00/ 8 hrs.
5. Compactor P 9,200.00/ 8 hrs
6. Backhoe/loader P 7,200.00/ 8 hrs.
7. Bulldozer P 9,200.00/ 8 hrs.
The above prescribed rates are exclusive of the cost of fuel which shall be the responsibility
of the rentee.
The Materials shall be delivered free of charge but the fuel shall be shouldered
by the buyer.
E. There shall be collected the following fees for the delivery of the following materials
to private individual/s within the territorial jurisdiction of Magsaysay, Davao del Sur, to
wit:
1. Washed Sand------------------P 450/cum.m.
2. Washed Gravel-----------------P 450/cum.m.
3. Mixed Aggregates--------------P 400/cum.m.
4. Boulders------------------------P 400/cum.m
F. There shall be collected the following charges as rental for the use of certain facilities
belonging to the municipality of Magsaysay; to wit:
Section 161. Imposition of Fee. There shall be collected fees for the use of Municipal
owned parking area or designated streets for pay parking in accordance with the
following schedule:
Section 162. Time of Payment. - The fees herein imposed shall be paid to the Municipal
Treasurer or to his duly delegated representative upon parking thereat.
Section 164. Time of Payment. The Payment for the purchase of seedling materials,
vermicast and bio-compost shall be made at the office of the municipal treasurer which
shall issue the official receipt of the transaction and shall be presented to the In-charge
which shall be the basis for the release of the above stated materials.
Section 165. Administrative Provision. The proceeds in the sale of seedlings/ vermicast
and bio-compost shall accrue to the general fund of the municipal government of
Magsaysay and shall be appropriated for the maintenance of the Municipal Nursery and
Municipal Ecological Solid Waste Management Park respectively.
Article D. Charges for Use of Waterworks System
Section 166. Imposition of Charges. – The fees and charges provided herein shall be
collected for the water service rendered by LGU-Magsaysay waterworks system.
RATE OF
KINDS OF SERVICE
FEES
a) Application fee for connection with waterworks P 500.00
system
b) Guarantee deposit for every application P 500.00
c) Installation for the first lineal feet of pipe
1. Earth and gravel excavation P 150.00
2. Asphalt road P 300.00
3. Cemented road P 450.00
For every additional pipe of lineal feet long
or fraction thereof will be charged P 50.00
For metered service:
d) 1. Minimum charge for not more than 0-10 cu.
m./month
Section 167. Time of Payment. – The water rental is due and payable to the Office of the
Municipal Treasurer within the first five ( 5 ) days of the following month.
(a) A written application/contract filed with the Office of LGU-WWS shall be required
for any of the aforementioned services.
(b) A cash deposit of five hundred Pesos (P500.00) shall be required of every
customer/applicant before the initial service is rendered. It shall answer for any
unpaid due and demandable water charges rendered in accordance with the
foregoing rates which shall automatically be charged off against the cash deposit
after failure to pay the monthly fee within ten (10) days of the succeeding month.
In cases where the cash deposit shall no longer be sufficient to cover water fees
and surcharges, the water connection shall be disconnected after failure by the
customer to settle the difference after a period of ten (10) days from receipt of
notice of disconnection.
The cash deposit shall be refunded by the System if the customer desires to
withdraw the service of the System and all his water bills shall have been fully
paid.
(c) For billing purposes, a water meter shall be read one (1) month after its connection
and every month thereafter. The meter shall be sealed and the seal shall be broken
only when the meter is to be inspected, tested, or adjusted by the System. It shall
be tested at any reasonable time by the duly authorized representative/inspector of
the System or upon the request of the customer and to be witnessed by him if he so
desires.
If the testing of the meter is upon the request of the customer and the test discloses
that the water meter is defective, corresponding adjustments shall be made and no
fee shall be charged to the customer. If no defect is found in the meter, then the
customer shall pay to the System Two Hundred Pesos (P 200.00) for every five-
eighth (5/8") and three-fourth inch (3/4") of water meter and Two Hundred Fifty
Pesos (P 250.00 ) for every water meter bigger than the above.
(d) For re-opening of service upon request of the customer after it has been closed for
delinquency, Two hundred Pesos (P200.00) shall be charged if the service is closed
at the metering point. If it is closed at the water main or main pipe, the cost of
street repair shall be paid by the customer.
(e) Service connection for domestic or residential use shall not use pipes bigger than on-
half inch (1/2") in diameter.
(f) Service connection using pipes bigger than one-half (1/2") in diameter may be
allowed for commercial and/or industrial use only, provided that the applicant
thereof shall satisfy in his application the need of a bigger size which shall in all
cases be subject to the approval of the SB.
(g) Every multi-door apartment shall have separate water service connection and
separate water meter for every occupant or lessee therein.
P 350.00
Total P 3,350.00
Use of public cemetery Comfort Room P 5.00
Section 170. Time of Payment. – The fee shall be paid to the Municipal Treasurer upon
application for a burial permit prior to the construction thereon of any structure whether
permanent or temporary, or to the interment of the deceased. Thereafter, the fee shall be
paid within twenty (20) days before the expiration of the lease period.
The fee shall not be collected in a pauper's burial, upon recommendation of the Municipal
Mayor.
(b) A standard cemetery lot shall be three (3) meters long and one (1) meter wide or
three (3) square meters.
(c) Except in cases allowed under existing laws and regulations, no person may be
buried or interred, permanently or temporarily, other than in properly designated
cemeteries or burial grounds.
(d) In addition to the burial permit, a certificate of death issued by the attending
physician or Municipal Health Officer; or, if no medical officer is available, by the
Municipal Mayor, Municipal Administrator, or any member of the Sangguniang
Bayan shall be required.
(f) In case a lessee intends to renew the lease after its termination, he must inform the
Municipal Treasurer within thirty (30) days before the expiry date of the lease, and
shall pay the corresponding fees therefor.
(g) It shall be the duty of the Municipal Treasurer to prepare and submit to the
Municipal Mayor a list of the leases that are to expire five (5) days prior to the
expiration date. The Municipal Treasurer shall send a reminder to the lessee of the
expiration of his lease, two (2) weeks prior to the expiration date of the lease.
(h) The Municipal Treasurer shall keep a register in account of the cemetery, together
with such additional information as may be required by the Sangguniang Bayan.
Section 173. Imposition of Market Fees and Charges. – There shall be collected the
following market fees and charges:
STALL
MARKET SECTION
RENTAL/FEE
A. RENTAL FEE ON MARKET STALLS
1) On fixed stalls with booth constructed by the municipal government, per
square meter or fraction thereof, per month:
a. Dry Goods Section P 35/sqm.
b. Grocery Section P 35/sqm.
c. Vegetables and Fruits Section P 35/sqm.
d. Eating/Eatery Section (Carenderia/Cooked foods) P 35/sqm.
Flower Shop Section
e. Poultry products, per sq.m. of fraction thereof P 35/sqm.
f. Furniture P 35/sqm.
g. Mini-Hardware/Electrical/Construction Supplies P 40/sqm.
h. Agricultural Veterinary & Seeds Products
Services... P 40/sqm.
i. Parlor P 40/sqm.
j. Barber Shop
Cooperative Office P 40/sqm.
IT Services (Net Cafe) P 40/sqm.
Ticketing Office P 40/sqm.
Pawnshop/Bayad Center P 40/sqm.
Depot P 50/sqm.
P 50/sqm.
Others not enumerated
P 35/sqm.
Cold Storage Section
P 35/sqm.
k.
l.
2) On stalls in the wet section per sqm., per month
a. Fish Section P 300.00
b. Meat Section P 300.00
Per Square meter
per day
B. ON THE BASIS OF SPACE OCCUPIED With Without
shelte shelter
Provided, That stalls, booths, tiendas, and/or spaces located in the best areas, e.g., corner
spaces or those so designated by the Market Administrator/Supervisor, shall pay rental
charges twenty-five percent (25%) higher than the rates imposed herein;
Provided Further, That rental charges shall be paid within the first ten (10) days of
the month.
AMOUNT OF
MARKET SECTION
FEE
Market entrance fee on transient vendors of any commodity or
merchandise brought into the market for sale
1. For every sack of salt or sugar P 1.00
2. For every sack of animal fees, rice bran, or
P 1.00
fertilizer
3. For every sack of salted fish or dried shrimps P 1.00
4. For every basket / kaing of vegetables, fruits P 1.00
On spaces in the wet section and live fowls and piglets section, including the
poultry dressing area, per square meter or fraction thereof, per month ( P
35.00/sqm.)
*other fees (use of public market comfort room) P 5.00
Requirements for Application for Market Stall:
1. Brgy. Clearance
2. Police Clearance
3. 2x2 Pictures (2pcs.)
4. Occupancy Fee P 4,000.00
5. Clearance from Market Vendors Association
[Any
Any otheroccupying
vendor reasonable anyqualification
table, cubiclecan be adopted.
or other The an
space with rule in fixing
area market
exceeding that
entrance fees is to approximate the fee charged on the basis of space occupied,
to which by virtue of payment of the entrance fee shall be required to pay the correct
and notofon
amount the
fees value of
thereon the
less commodity
what or merchandise.]
he may have already paid as entrance fee.
Section 174. Payment of Fees. – Unless otherwise provided herein, the market fee must
be paid in advance before any person can sell, or offer to sell, any commodity or
merchandise within the public market and its premises.
Cash tickets shall be provided with serial numbers by the Office of the Municipal
Treasurer, which shall monitor the issuance of the cash tickets in collaboration with the
Market Administrator/Supervisor.
Section 176. Permit Fee to Slaughter. – Before any animal is slaughtered for public
consumption, a permit therefor shall be secured from the Municipal Mayor or his duly
authorized representative upon the recommending approval of the municipal meat
inspector who will determine whether the animal or fowl is fit for human consumption.
Section 177. Imposition of Fee. There shall be collected a Mayor's Permit Fee, slaughter
and corral fee, Scholarship support program fee and Environmental Management Support
fee for the use and service at the Municipal Slaughter House as follows.
Large cattle per head (for public consumption) P 200.00 P 20.00 P 20.00
Large cattle per head (for home P 100.00 P 20.00 P 20.00
consumption) P 100.00 P 10.00 P 10.00
Hogs per head (for public consumption) P 75.00 P 10.00 P 10.00
Hogs per head (for home consumption) P 100.00 P 10.00 P 10.00
Goats/Sheep's per head (for public) P 75.00 P 10.00 P 10.00
Goats/Sheep's per head (for home
consumption) P 100.00 P 10.00 P 10.00
Others per head
Section[Choose only of
178. Place one set, either– “per
Slaughter. The head” or “per
slaughter kilo
of any of of
kind dressed
animal meat.”
for saleIfto,
fees
or
are to be charged per kilo, the slaughterhouse shall be provided with a
consumption of, the public shall be done only in the municipal slaughterhouse. The balance on
which all for
slaughter dressed meat,
animals including
intended for the liver,
home heart, tongue,
consumption mayandbe other
done parts utilized
elsewhere for
except
consumption
cattle shall be weighed. The weighing shall be made under the supervision of
the municipal treasurer or his duly authorized representative.]
Section 179. Requirement for the Issuance of a Permit for the Slaughter of Large
Cattle. – Upon issuance of the permit required in Section 1 of this Article, large cattle shall
be slaughtered at the municipal slaughterhouse or in any other place as may be authorized
by ordinance. Before issuing the permit for the slaughter of large cattle, the Treasurer shall
require for branded cattle the production of certificate of ownership if the owner is the
applicant or the original certificate of ownership and the certificate of transfer showing title
in the name of the person applying for the permit if he is not the original owner. If the
applicant is not the original owner and there is no certificate of transfer made in his favor,
one such certificate shall be issued and the corresponding fee collected therefor. For
unbranded cattle that have not yet reached the required age for branding, the Treasurer
shall require such evidence as will be satisfactory to him regarding the ownership of the
animal for which permit to slaughter has been requested. For unbranded cattle for the
required age, the necessary owner’s and transfer certificates shall be issued and the
corresponding fees collected therefor before the permit is granted.
Section 180. Corral Fee. – The following fees, per day or fraction thereof, shall be
collected for the animals to be slaughtered, which are deposited and kept in a corral
owned by the local government.
FEE
KIND OF ANIMAL
(per head)
Large cattle, per head P 30.00
Hogs per head P 15.00
Goats per head P 15.00
Sheep per head P 15.00
Other per head P 15.00
(a) The slaughter of any kind of animal intended for sale shall be done only in the
Municipal slaughterhouse designated as such by the Sangguniang Bayan. The
slaughter of animals intended for home consumption may be done elsewhere,
except large cattle, hogs, goats and sheep which shall be slaughtered only in the
public slaughterhouse. The animal slaughtered for home consumption shall not be
sold.
(b) Before issuing the permit for the slaughter of large cattle the Municipal Treasurer
shall require for branded cattle, the production of the certificate of ownership and
certificate of transfer showing title in the name of the person applying for the permit
if he is not the original owner. If the applicant is not the original owner, and there
is no certificate of transfer made in his favor, one such certificate shall be issued
and the corresponding fee to be collected therefor.
For unbranded cattle that have not yet reached the age of branding, the Municipal
Treasurer shall require such evidence as will be satisfactory to him regarding the
ownership of the animal for which permit to slaughter has been requested.
For unbranded cattle of the required age, the necessary certificate of ownership
and/or transfer shall be issued, and the corresponding fees collected therefor before
the slaughter permit is granted.
(c) Before any animal is slaughtered for public consumption, a permit therefor shall
be secured from the Municipal Veterinarian or his duly authorized representative,
through the Municipal Treasurer. The permit shall bear the date and month of
issue and the stamp of the Municipal Veterinarian, as well as the page of the book
in which said permit number is entered and wherein the name of the permittee,
the kind and sex of the animal to be slaughtered appears.
Section 182. Imposition of Fee or Charges. – There shall be collected a fee or charge for
the use of roads and streets of this municipality.
Section 183. Exemptions. – No such tolls or fees or charges shall be collected from
officers and enlisted men of the Armed Forces of the Philippines and members of the
Philippine National Police on mission, ambulances, post office personnel delivering mail
and government vehicles.
Section 184. Time of Payment. – Fees and charges for the use of the above mentioned
facilities/roads/streets shall be made every time such facilities/roads/streets of this
municipality are utilized.
Section 186. Imposition of Tax. – There shall be imposed a community tax on persons,
natural or juridical, residing in the Municipality.
In the case of husband and wife, the additional tax herein imposed shall be based upon
the total property owned by them and the total gross receipts or earnings derived by
them.
Sec. 188. Juridical Persons Liable to Community Tax. – Every corporation no matter
how created or organized, whether domestic or resident-foreign, engaged in or doing
business in the Philippines whose principal office is located in this Municipality shall pay
an annual Community Tax of Five Hundred Pesos (P500.00) and an additional tax,
which in no case, shall exceed Ten Thousand Pesos (P10,000.00) in accordance with the
following schedule:
(a) For every Five Thousand (P5,000.00) Pesos worth of real property in the
Philippines owned by it during the preceding year based on the valuation used in
the payment of real property tax under existing laws, found in the assessment
rolls of this Municipality where the real property is situated - Two (P2.00) Pesos;
and
(b) For every Five Thousand (P5, 000.00) Pesos of gross receipts or earnings derived
by it from its business in the Philippines during the preceding year - Two (P2.00)
Pesos.
The dividends received by a corporation from another corporation shall, for the
purpose of the additional tax, be considered as part of the gross receipts or
earnings of said corporation.
Sec. 189. Exemption. – The following are exempted from the Community Tax:
(b) Transient visitors when their stay in the Philippines does not exceed three (3)
months.
Section 190. Place of Payment. – The Community Tax shall be paid in the Office of the
Municipal Treasurer or to the deputized Barangay Treasurer.
(b) If a person reaches the age of eighteen (18) years or otherwise loses the benefit
of exemption on or before the last day of June, he shall be liable for the
payment of community tax on the day he reached such age or upon the day the
exemption ends. If a person reaches the age of eighteen (18) years or loses the
benefit of exemption on or before the last day of March he shall have twenty
(20) days within which to pay the community tax without being delinquent.
(c) Persons who come to reside in the Philippines or reach the age of eighteen (18)
years on or after the first (1st) day of July of any year, or who cease to belong
to an exempt class on or after the same date, shall not be subject to
community tax for that year.
(d) Corporations established and organized on or before the last day of June shall
be liable for the payment of community tax for that year. Corporations
established or organized on or before the last day of March shall have twenty
(20) days within which to pay the community tax without becoming
delinquent. Corporations established and organized on or after the first day of
July shall not be subject to community tax for that year.
(e) If the tax is not paid within the time prescribed above, there shall be added to the
unpaid amount an interest of twenty-four percent (24%) per annum from the due
date until it is paid.
Section 192. Community Tax Certificate –A Community Tax Certificate shall be issued
to every person or corporation upon payment of the Community Tax. A Community Tax
Certificate may also be issued to any person or corporation not subject to the Community
Tax upon payment of One Peso (P1.00).
(a) When an individual subject to community tax acknowledges any document before
a notary public, takes oath of office upon election or appointment to any position
in the government service, receives any license, certificate, or permit from any
public authority; pays any tax or fee; receives any money from any public fund;
transacts other official business, or receives any salary or wage from any person or
corporation, it shall be the duty of any person, officer, or corporation with whom
such transaction is made or business done or from whom any salary or wage is
received to require such individual to exhibit the community tax certificate.
The presentation of community tax shall not be required in connection with the
registration of a voter.
(b) When through its authorized officers, any corporation subject to community tax
receives any license, certificate, or permit from any public authority, pay any tax
or fee, receives money from public funds, or transacts other official business, it
shall be the duty of the public official with whom such transaction is made or
business done, to require such corporation to exhibit the community tax
certificate.
(c) The community tax certificate required in the two preceding paragraphs shall be
the one issued for the current year, except for the period of January until the
fifteenth (15th) of April each year, in which case, the certificate issued for the
preceding year shall suffice.
(a) The Municipal Treasurer shall deputize the Barangay Treasurer, subject to
existing laws and regulation, to collect the Community Tax payable by individual
(b) One Hundred Percent (100%) of the proceeds of the Community Tax actually and
directly collected by the Municipal Treasurer shall accrue entirely to the general
fund of the Municipality.
The proceeds of the Community Tax collected through the Barangay Treasurer
shall be apportioned as follows:
(1) Fifty percent (50%) shall accrue to the general fund of the Municipality; and
(2) Fifty percent (50%) shall accrue to the barangay where the tax is collected.
Section 195. Tax Period. – Unless otherwise provided in this Ordinance, the tax period
for all local taxes, fees, and charges imposed under this Ordinance shall be the calendar
year.
Section 196. Accrual of Tax. – Unless otherwise provided in this Ordinance, all taxes
and charges imposed herein shall accrue on the first (1st) day of January of each year.
However, new taxes, fees or charges, or changes in the rate of existing taxes, fees, or
charges, shall accrue on the first (1st) day of the quarter next following the effectivity of
the Ordinance imposing such new levies or taxes.
Section 197. Time of Payment. – Unless specifically provided herein, all taxes, fees, and
charges imposed in this Ordinance shall be paid within the first twenty (20) days of
January or each subsequent quarter as the case may be.
Section 198. Surcharge for Late Payment. – Failure to pay the tax described in this
Article within the time required shall subject the taxpayer to a surcharge of twenty-five
percent (25%) of the original amount of tax due, such surcharge to be paid at the same time
and in the same manner as the tax due.
Section 199. Interest on Unpaid Tax. – In addition to the surcharge imposed herein,
where the amount of any other revenue due to the Municipality except voluntary
contributions or donations, is not paid on the date fixed in the ordinance, or in the
contract, expressed or implied, or upon the occurrence of the event which has given rise
to its collection, there shall be collected as part of that amount an interest at the rate not
to exceed two percent (2%) per month from the date it is due until it is paid, but in no
case shall the total interest on the unpaid amount or a portion thereof exceed thirty-six
(36) months.
Where an extension of time for the payment of the tax has been granted and the amount is
not paid in full prior to the expiration of the extension, the interest above-mentioned shall
be collected on the unpaid amount from the date it becomes originally due until fully paid.
Section 200. Collection. – Unless otherwise specified, all taxes, fees and charges due to
this Municipality shall be collected by the Municipal Treasurer or his duly authorized
representatives.
Unless otherwise specifically provided in this Ordinance or under existing laws and
ordinances, the Municipal Treasurer is hereby authorized, subject to the approval of the
Municipal Mayor, to promulgate rules and regulations for the proper and efficient
administration and collection of taxes, fees and charges herein levied and imposed.
The Ordinance Number and the specific section thereof upon which collections are based
shall invariably be indicated on the face of all official receipts acknowledging payment of
taxes, fees, or charges.
Section 202. Record of Persons Paying Revenue. – It shall be the duty of the Municipal
Treasurer to keep a record, alphabetically arranged and open to public inspection during
office hours, of the names of all persons paying Municipal taxes, fees and charges. He
shall, as far as practicable, establish and keep current the appropriate tax roll for each
kind of tax, fee or charge provided in this Ordinance.
For this purpose, the records of the Revenue District Office of the Bureau of Internal
Revenue shall be made available to the Municipal Treasurer, his deputy or duly authorized
representative.
The forms and the guidelines to be observed for the proper and effective implementation of
this Section shall be those prescribed by the Department of Finance.
Section 205. Accrual to the General Fund of Fines, Costs, and Forfeitures. – Unless
otherwise provided by law or ordinance, fines, costs, forfeitures, and other pecuniary
liabilities imposed by the court for violation of any Municipal ordinance shall accrue to
the General Fund of the Municipality.
Section 206. Local Government's Lien. – Local taxes, fees, charges and other revenues
herein provided constitute a lien, superior to all liens, charges or encumbrances in favor of
any person, enforceable by appropriate administrative or judicial action, not only upon any
property or rights therein which may be subject to lien but upon also property used in
business, occupation, practice of profession or calling, or exercise of privilege with respect
to which the lien is imposed. The lien may only be extinguished upon full payment of the
delinquent local taxes, fees, and charges including related surcharges and interest.
Section 207. Civil Remedies. – The civil remedies for the collection of local business
taxes, fees, or charges, and related surcharges and interest resulting from delinquency
shall be:
Section 208. Distraint of Personal Property. – The remedy by distraint shall proceed as
follows:
(a) Seizure. Upon failure of the person owing any local tax, fee or charge to pay the
same at the time required, the Municipal Treasurer or his deputy may, upon
written notice, seize or confiscate any personal property belonging to the person
or any personal property subject to the lien, in sufficient quantity to satisfy the
tax, fee or charge in question, together with any increment thereto incident to
delinquency and the expenses of seizure. In such case, the Municipal Treasurer
or his deputy shall issue a duly authenticated certificate based upon the records
of this office showing the fact of delinquency and the amount of the tax, fee or
charge and penalty due. Such certificate shall serve as sufficient warrant for the
distraint of personal property aforementioned, subject to the taxpayer's right to
claim exemption under the provisions of existing laws. Distrained personal
property shall be sold at public auction in the manner herein provided for.
(b) Accounting of Distrained Goods. The officer executing the distraint shall make or
cause to be made an account of the goods, chattels or effects distrained, a copy of
which signed by himself shall be left either with the owner or person from whose
possession the goods, chattels, or effects are taken, or at the dwelling or place of
business of that person and with someone of suitable age and discretion, to
which list shall be added a statement of the sum demanded and a note of the
time and place of sale.
(c) Publication. The officer shall forthwith cause a notification to be exhibited in not
less than three (3) conspicuous places in the territory of the local government
units where the distraint is made; specifying the time and place of sale, and the
articles distrained. The time of sale shall not be less than twenty (20) days after
notice to the owner or possessor of the property as above specified and the
publication or posting of the notice. One place for the posting of the notice shall
be at the Office of the Municipal Mayor.
(d) Release of Distrained Property Upon Payment Prior to Sale. If not any time prior
to the consummation of the sale, all proper charges are paid to the officer
conducting the same, the goods or effects distrained shall be restored to the
owner.
(e) Procedure of Sale. At the time and place fixed in the notice, the officer conducting
the sale shall sell the goods or effects so distrained at public auction to the highest
bidder for cash. Within five (5) days after the same, the Municipal Treasurer, shall
make a report of the proceedings in writing to the Municipal Mayor.
Should the property distrained be not disposed of within one hundred and twenty
(120) days from the date of distraint, the same shall be considered as sold to the
local government unit concerned for the amount of the assessment made
thereon by the Committee on Appraisal and to the extent of the same amount,
the tax delinquencies shall be canceled.
(g) Levy on Real Property. After the expiration of the time required to pay the
delinquency tax, fee or charge, real property may be levied on before,
simultaneously or after the distraint of personal property belonging to the
delinquent taxpayer. To this end, the Municipal Treasurer, shall prepare a duly
authenticated certificate showing the name of the taxpayer and the amount of
the tax, fee or charge, and penalty due from him. Said certificate shall operate
with the force of a legal execution throughout the Philippines. Levy shall be
effected by writing upon said certificate of description of the property upon
which levy is made. At the same time, written notice of the levy shall be mailed to
or served upon the Assessor and Register of Deeds of the Municipality who shall
annotate the levy on the tax declaration and certificate of title of the property,
respectively, and the delinquent taxpayer or, if he be absent from the
Municipality, to his agent or the manager of the business in respect to which the
liability arose, or if there be none, to the occupant of the property in question.
In case the levy on real property is not issued before or simultaneously with the
warrant of distraint on personal property, and the personal property of the
taxpayer is not sufficient to satisfy his delinquency, the Municipal Treasurer,
shall within thirty (30) days after execution of the distraint, proceed with the levy
on the taxpayer's real property.
A report on any levy shall, within ten (10) days after receipt of the warrant, be
submitted by the levying officer to the Sangguniang Bayan .
(h) Penalty for Failure to Issue and Execute Warrant. Without prejudice to criminal
prosecution under the Revised Penal Code and other applicable laws, the
Municipal Treasurer, if he fails to issue or execute the warrant of distraint or levy
after the expiration of the time prescribed, or if he is found guilty of abusing the
exercise thereof by competent authority, shall be automatically be dismissed
from the service after due notice and hearing.
(i) Advertisement and Sale. Within thirty (30) days after levy, the Municipal
Treasurer shall proceed to publicly advertise for sale or auction the property or a
usable portion thereof as may be necessary to satisfy the claim and cost of sale;
and such advertisement shall cover a period of at least thirty (30) days. It shall be
effected by posting a notice at the main entrance of the Municipal hall, and in a
public and conspicuous place in the barangay where the real property is located,
and by publication once a week for three (3) weeks in a newspaper of general
circulation in the Municipality. The advertisement shall contain the amount of
taxes, fees or charges, and penalties due thereon, and the time and place of sale,
the name of taxpayer against whom the taxes, fees or charges are levies, and a
short description of the property to be sold. At any time before the date fixed for
the sale, the taxpayer may stay the proceedings by paying the taxes, fees, charges,
penalties and interests. If he fails to do so, the sale shall proceed and shall be
held either at the main entrance of the Municipal Hall or on the property to be
sold, or at any other place as determined by the Municipal Treasurer, conducting
the sale and specified in the notice of sale.
Within thirty (30) days after the sale, the Municipal Treasurer or his deputy shall
make a report of the sale to the Sangguniang Bayan , and which shall form part of
(j) Redemption of Property Sold. Within one (1) year from the date of sale, the
delinquent taxpayer or his representative shall have the right to redeem the
property upon payment to the Municipal Treasurer of the total amount of taxes,
fees or charges, and related surcharges, interests or penalties from the date of
delinquency to the date of sale, plus interest of not more than two percent (2%)
per month on the purchase price from the date of purchase to the date of
redemption. Such payment shall invalidate the certificate of sale issued to the
purchaser and the owner shall be entitled to a certificate of redemption from the
Municipal Treasurer or his representative.
The Municipal Treasurer or his deputy upon surrender by the purchaser of the
certificate of sale previously issued to him, shall forthwith return to the latter the
entire purchase price paid by him plus the interest of not more than two percent
(2%) per month herein provided for, the portion of the cost of sale and other
legitimate expenses incurred by him, and said property thereafter shall be free
from the lien of such taxes, fees or charges and other related surcharges,
interests, and penalties.
The owner, shall not, however, be deprived of the possession of said property
and shall be entitled to the rentals and other income thereof until the expiration
of the time allowed for its redemption.
(k) Final Deed of Purchaser. In case the taxpayer fails to redeem the property as
provided herein, the Municipal Treasurer shall execute a deed conveying to the
purchaser so much of the property as has been sold, free from liens of any taxes,
fees, charges, related surcharges, interests and penalties. The deed shall
sufficiently recite all the proceedings upon which the validity of the sale depends.
(l) Purchase of Property by the Municipal for Want of Bidder. In case there is no
bidder for the real property advertised for sale as provided herein or if the
highest bid is for an amount insufficient to pay the taxes, fees, or charges, related
surcharges, interests, penalties and cost, the Municipal Treasurer shall purchase
the property on behalf of the Municipality to satisfy the claim and within two (2)
days thereafter shall make a report to his proceedings which shall be reflected
upon the records of his office. It shall be the duty of the Registrar of Deeds
concerned upon registration with his office of any such declaration of forfeiture
to transfer the title of the forfeited property to this Municipality without the
necessity of an order from a competent court.
Within one (1) year from the date of such forfeiture the taxpayer or any of his
representative, may redeem the property by paying to the Municipal Treasurer the
full amount of the taxes, fees, charges and related surcharges, interests or
penalties, and the costs of sale. If the property is not redeemed as provided
herein, the ownership thereof shall be fully vested on the Municipality.
(m) Resale of Real Estate Taken for Taxes, Fees or Charges. The Sangguniang Bayan
may, by a duly approved ordinance, and upon notice of not less than twenty (20)
days, sell and dispose of the real property acquired the preceding paragraph at
(o) Further Distraint or Levy. The remedies by distraint and levy may be repeated if
necessary until the full amount due, including all expenses is collected.
(p) Personal Property Exempt from Distraint of Levy. The following property shall be
exempt from distraint and the levy, attachment or execution thereof for
delinquency in the payment of any local tax, fee or charge, including the related
surcharge and interest:
1. Tools and the implements necessarily used by the delinquent taxpayer in the
trade or employment;
2. One (1) horse, cow, carabao, or other beast of burden, such as the delinquent
taxpayer may select, and necessarily used by him in his occupation;
4. Household furniture and utensils necessary for housekeeping and used for that
purpose by the delinquent taxpayer, such as he may select, of a value not
exceeding Ten Thousand Pesos (P10,000.00);
7. One fishing boat and net, not exceeding the total value of Ten Thousand Pesos
(P10,000.00), by the lawful use of which a fisherman earns his livelihood; and
Article C. Taxpayer's
Collection. –
(a) Local taxes, fees, or charges shall be assessed within five (5) years from the date
they became due. No action for the collection of such taxes, fees, or charges,
whether administrative or judicial, shall be instituted after the expiration of such
period: Provided, that taxes, fees, or charges which have accrued before the
effectivity of the Local Government Code of 1991 may be assessed within a period of
five (5) years from the date they became due.
(b) In case of fraud or intent to evade the payment of taxes, fees, or charges, the same
may be assessed within ten (10) years from discovery of the fraud or intent to evade
payment.
(c) Local taxes, fees, or charges may be collected within five (5) years from the date of
assessment by administrative or judicial action. No such action shall be instituted
after the expiration of said period: Provided, however, that taxes, fees and charges
Revised Revenue Code of the Municipality of Page 97
Magsaysay ORDINANCE NO. 07-2019
SB Secretary Office
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assessed before the effectivity of the LGC of 1991 may be assessed within a period of
three (3) years from the date of assessment.
(d) The running of the periods of prescription provided in the preceding paragraphs
shall be suspended for the time during which:
Section 210. Protest of Assessment. – When the Municipal Treasurer or his duly
authorized representative finds that correct taxes, fees, or charges have not been paid, he
shall issue a notice of assessment stating the nature of the tax, fee or charge, the amount
of deficiency, the surcharges, interests and penalties.
Within sixty (60) days from the receipt of the notice of assessment, the taxpayer may file
a written protest with the Municipal Treasurer contesting the assessment; otherwise, the
assessment shall become final and executory. The Municipal Treasurer shall decide the
protest within sixty (60) days from the time of its filing. In cases where the protest is
denied, the taxpayer shall have thirty (30) days from the receipt of denial or form the
lapse of the sixty-day period prescribed herein within which to appeal with the court of
competent jurisdiction otherwise the assessment becomes conclusive and unappealable.
Section 211. Claim for Refund of tax Credit. – No case or proceeding shall be
maintained in any court for the recovery of any tax, fee, or charge erroneously or illegally
collected until a written claim for refund or credit has been filed with the Municipal
Treasurer. No case or proceeding shall be entertained in any court after the expiration of
two (2) years from the date of payment of such tax, fee or charge, or from the date the
taxpayer is entitled to a refund or credit.
Section 212. Legality of this Code. - Any question on the constitutionality or legality of
this Ordinance may be raised on appeal within thirty (30) days from the effectivity
thereof to the Secretary of Justice who shall render a decision within sixty (60) days from
the date of receipt of the appeal: Provided, however, that such appeal shall not have the
effect of suspending effectivity of this Ordinance and the accrual and payment of the tax,
fee or charge levied herein: Provided finally, that within thirty (30) days after the receipt
of the decision or the lapse of the sixty-day period without the Secretary of Justice acting
upon the appeal, the aggrieved party may file the appropriate proceedings with a court of
competent jurisdiction.
Section 213. Power to Levy Other taxes, Fees or Charges. – The Municipality may
exercise the power to levy taxes, fees or charges on any base or subject not otherwise
specifically enumerated herein or taxed under the provisions of the National Internal
revenue Code, as amended, or other applicable laws: Provided, that the taxes, fees or
charges shall not be unjust, excessive, oppressive, confiscatory or contradictory to declared
national policy. Provided, further, that the ordinance levying such taxes, fees or charges
shall not be enacted without any prior public hearing conducted for the purpose.
Section 214. Publication of the Revenue Code. – Within ten (10) days after its
approval, a certified copy of this Ordinance shall be published in full for three (3)
consecutive days in a newspaper of local circulation. Provided, however, that in cases
where there are no newspapers of local circulation, the same may be posted in at least
two (2) conspicuous and publicly accessible places.
Section 216. Authority to Adjust Rates. – The Sangguniang Bayan shall have the sole
authority to adjust tax rates as prescribed herein not oftener than once every five (5)
years, but in no case shall such adjustment exceed ten percent (10%) of the rates fixed
under this Code.
Section 218. Penalties for Violation of Tax Ordinance. – Any person or persons who
violates any of the provisions of this Ordinance or the rules or regulations promulgated by
authority of this Ordinance shall, upon conviction, be punished by a fine of not less than
One Thousand Pesos (P1,000.00) nor more than Five Thousand Pesos (P5,000.00), or
imprisonment of not less than one (1) month nor more than six (6) months, or both, at the
discretion of the court.
If the violation is committed by any juridical entity, the President, General Manager, or
the individual entrusted with the administration thereof at the time of the commission of
the violation shall be held responsible or liable therefor.
Punishment by a fine or imprisonment as herein provided for shall not relieve the offender
from the payment of the tax, fee or charge imposed under this Ordinance.
Section 219. Separability Clause. – If for any reason, any section or provision of this
Ordinance shall be held to be unconstitutional or invalid by competent authority, such
judgment or action shall not affect or impair the other sections or provisions thereof.
Section 220. Applicability Clause. – All other matters relating to the impositions in this
Ordinance shall be governed by pertinent provisions of existing laws and other
ordinances.
Section 221. Repealing Clause. – All ordinances, rules and regulations, or part thereof,
in conflict with, or inconsistent with any provisions of this Ordinance are hereby
repealed or modified accordingly.
Certified Correct:
(Signed) Attested:
DANILO M. OMAGTANG
Secretary - Designate (Signed)
DONNABEL JOY P. FEROLINO - MEJIA
Municipal Vice Mayor
Presiding Officer
(Signed)
ARTHUR D. DAVIN, CE
Municipal Mayor
Date:
6_/28/2019