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MUNICIPAL ORDINANCE NO.

01, SERIES 2001


Be it enacted by the Sangguniang Bayan of the Municipality of Maramag,
Province of Bukidnon in session duly assembled that:
CHAPTER I
GENERAL PROVISIONS

ARTICLE A
Short Title and Scope

Section 1A.01. Title. This ordinance shall be known as the “Code of General
Ordinances of the Municipality of Maramag, Bukidnon.”

Section 1A.02. Scope. This code covers all general ordinances of the Municipality
of Maramag enacted since its creation.

ARTICLE B
Rules of Construction

Section 1B.01. Words and Phrases. Words and phrases embodied in this code but
not herein specifically defined shall have the same meaning as found in legal
dictionaries as well as in existing laws.

Section 1B.02. Construction of Codal Provisions. In construing the provision of


this code, the following rules of construction shall be observed unless otherwise
inconsistent with the manifest intent of the provisions or when applied they would
lead to absurd or highly improbable results.

a) General Rule. All words and phrases shall be construed and understood
according to the common and approved usage of the language; but 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 this code importing the masculine gender
shall extend to both male and female. Every word importing the singular
number shall apply and extend to several persons or things as well; and every
word importing the plural number shall extend, and applied, also to one person
or thing;
c) 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 provision
thereof, when expressed in days shall be computed by excluding the first day
and including the last day, except when the last day falls on Sunday or holiday,
in which case, the same shall be excluded from the computations and the next
business day shall be considered the last day;
d) Tenses. The use of any verb in the present tense shall include the future
whenever is applicable. The words “shall have been” shall include past and
future cases. The use of the word “shall” in this code means the act being

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required to be done is mandatory, whereas when the word “may” is used, it
means permissive;
e) References. All references to the “Chapters”, “Articles”, or “Sections” are to
chapters, articles or sections in this code unless otherwise specified;
f) Conflicting Provisions of these chapters. If the provisions of different
sections conflict with or contravene each other, the provisions of its chapter
prevail as to all specific matter and questions involved therein; and
g) Conflicting Provisions of Sections. If the provisions of different sections in
the same chapter conflict with each other, the provisions of the section, which
is last in point of sequence, shall prevail.

Section 1B.03. Amendment and Integration of Additional Provisions. Any


amendment on this code may be introduced to the chapter, article or the section
concerned. All ordinances or provision thereof enacted subsequent to the date of the
effectivity of this code shall be integrated into corresponding chapter, article or section
to which such ordinance or provision pertains. Such new provisions shall be integrated
into corresponding chapter, article or section and can be immediately inserted as part
of this code.

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


before the effectivity of this Code shall be adversely affected by any provision thereof.
Thereafter, all procedures or actions to be taken shall conform to the provisions of
this Code whenever possible.

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


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

Section 1B.06. Effect of Heading. The chapter, article or section heading does not
in any manner affect the scope, meaning or intent of the provisions contained in this
code.

Section 1B.07. Relation to Prior Ordinance. The provision of this Code which are
substantially the same as that of previous or existing ordinances particularly when
dealing with the same subject-matter shall be construed as “restatement” and not as
a new enactment.

CHAPTER II
LEGISLATIVE RULES AND PROCEDURES

ARTICLE A
Session of the Sanggunian

Section 2A.01. Legislative Body. The legislative body of this local government unit
shall be known and called as “Sangguniang Bayan”.

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Section 2A.02. Inaugural Session. In his capacity as the Presiding Officer of the
Sangguniang Bayan, it shall be the duty of the newly elected Vice Mayor to call for an
inaugural session of the said body within Five days after election and assumption to
office of its members.

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


the inaugural session of the Sanggunian it shall, by resolution, fix the day, place and
time of its regular sessions. Within Ninety days thereafter, it shall formulate, adopt or
revise its internal rules of procedure.
These rules of procedure, which is also known as “Sanggunian” Rules’, shall
embody, among others, the following:
a. The organization of the Sanggunian and the election of its officers as well as
the creation of standing committees which shall include, but shall not be limited
to, the committee on appropriations, women and family, human rights, youth
and sports development, environmental protection, and cooperatives; the
general jurisdiction of each committee; and the election of the chairman and
members;
b. The order and calendar of business for each session;
c. The legislative process;
d. The parliamentary procedures which include the conduct of members during
sessions;
e. The discipline of members for disorderly behavior and absences without
justifiable cause for Four consecutive sessions; for which they may be censured,
reprimanded, or excluded from the session, suspended for not more than Sixty
days or expelled: Provided, that the penalty of suspension or expulsion shall
require the concurrence of at least Two-Thirds vote of all the Sanggunian
members: Provided, further, that a member convicted by final judgment to
imprisonment of at least One year from any crime involving moral turpitude
shall be automatically expelled from the Sanggunian; and
f. Such other rules as this Sanggunian may adopt.

Section 2A.04. Regular Session. The minimum number of regular session of the
Sanggunian shall be once a week.

Section 2A.05. Special Session. When public interest so demands, special session
may be called by the Local Chief Executive or Majority of the members of the
Sanggunian; provided, that a written notice to the members shall be served personally
or left with responsible person at the member’s usual place of residence at least
Twenty-four hours before the special session is held. Unless otherwise concurred in
by Two-thirds vote of the members present, there being a quorum, no other matter
may be considered at a special session except those stated in the notice.

Section 2A.06. Calling the Session to Order. When the appointed time has come
to start the regular session, the regular Presiding Officer, or in his absence the tmporay
Presiding Officer elected to temporarily preside therein, shall call the session to order,
with or without a quorum.

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Should there be no quorum after calling the session to order, the majority of
the members present, or the Presiding Officer “motu propio”, may perform any of the
following:

a. Adjourn the session from hour to hour;


b. Adjourn the session from day to day; and
c. Adjourn the session for lack of quorum.

Section 2A.07. Open Door Policy. The sessions of the Sanggunian shall be open
to public unless a closed-door session is decided or ordered by an affirmative vote of
a majority of the members present therein, there being a quorum, in the public interest
of for reasons of decenc, morality or security.

Section 2A.08. Quorum. “A majority of all members of the Sanggunian who have
been elected and qualified shall constitute a quorum to transact official business”.
(Sec. 53, RA 7160 and Art. 106, IRR).
Should a question of quorum be raised during a session, the presiding officer
may declare a recess until such time as a quorum is constituted, or a majority of the
members present may adjourn from day to day and may compel the immediate
attendance of any member absent without justifiable cause by designating a member
of the Sanggunian, to be assisted by a member of the police force assigned in this
place to arrest and present the absent member at the session.

If there is still no quorum despite the enforcement of the above-stated remedial


action, no business shall be transacted by the Sanggunian. The Presiding Officer, motu
propio, or on his own volition or will; or the members; thru a proper motion duly
approved, shall then declared the session adjourned for lack of quorum.

Section 2A.09. One-session per Day Policy. No two sessions, whether regular or
special, may be held in a single day. (Sec. 52-c, RA 7160)

Section 2A.10. Tie Vote. The regular Presiding Officer shall vote only to break a tie.
The temporary Presiding Officer taking the place of the regular Presiding Officer in the
latter’s absence, shall not vote even in case of a tie but he shall certify within ten (10)
days from their passage of Ordinances and resolution enacted for adopted by the
Sanggunian which he presided.

ARTICLE B
Ordinances and Resolutions

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


considering legislative measures, the Sanggunian shall observe the following rules:

a. Legislative actions of a general and permanent character shall be enacted in


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

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b. Proposed ordinances and resolutions shall be in writing and shall contain an
assigned number, a title or caption, an enacting or ordaining clause, and the
date of its proposed effectivity. In addition, a brief explanatory note containing
the justification for its approval shall accompany every proposed ordinance. It
shall be signed by the author or authors and submitted to the Secretary who
shall report the same to the Sanggunian at its next session;
c. A resolution shall be enacted in the same manner prescribed for an ordinance,
except that it need not go through a third reading for its final consideration
unless decided otherwise by the majority of all the members of the Sanggunian;
d. No ordinance or resolution shall be considered in second reading in any regular
session unless it has been reported out by the proper committee to which it as
referred or it has been certified as urgent by the Local Chief Executive;
e. Any legislative matter duly certified by the Local Chief Executive as urgent
whether or not it is included in the “calendar of business”, may be presented
and considered by the body at the same session or meeting without the need
of suspending the rules;
f. The Secretary to the Sanggunian shall prepare copies of the proposed
ordinance or resolution in the form it was passed on second reading, and shall
distribute to each Sanggunian members a copy thereof, except that a measure
certified by the Local Chief Executive as urgent may be submitted for final
voting immediately after it has been subjected to the periods of debate and
amendment during the second reading stage;
g. No ordinance or resolution passed by the Sanggunian in a regular session or
special session duly called for the purpose, shall be valid unless approved by a
majority of the members present there being a quorum. Any ordinance or
resolution authorizing or directing the payment of money or creating liability
shall require the affirmative vote of a majority of all the Sanggunian Members
for its passage; and
h. Upon the passage of all ordinances or resolutions directing the payment of
money or creating liability, the Sanggunian shall record the “ayes” and “nayes”.
Each approved ordinance or resolution shall be stamped with the seal of the
Sanggunian and recorder in a book kept for the purpose.

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


Sanggunian shall be forwarded to the Local Chief Executive for approval. If the Local
Chief Executive approved the ordinance, he shall affix his signature on every page
thereof and on the last page thereof below the word “Approved”.

Within ten (10) days after receipt by the Local Chief Executive of the ordinance,
he shall return the same to the Sanggunian with either his approval or his veto. If he
does not return it with that time, the ordinance shall be deemed approved.

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


local development plans; public investment programs formulated by the Municipal
Development Councils; resolutions affecting the interest of the Municipal Government;
resolutions, which the Local Chief Executive will be the one to implement, shall be
forwarded to him for his approval or veto. All other kinds of resolutions containing
only a mere expression of the Sanggunian’s sentiments, desires, recommendations,

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will, position or stand on certain issues and such other resolutions which the
Sanggunian itself can implement shall no longer be forwarded to the Local Chief
Executive for his approval or veto.

ARTICLE C
Veto Power

Section 2C.01. Veto Power. The Local Chief Executive may veto any ordinance, or
certain resolutions subject to his approval, on the ground that it is ultra vires or it
would be prejudicial to the public welfare, particularly stating his reasons thereof in
writing.

The Local Chief Executive has the power to veto any particular item or items of
an appropriation ordinance, or of an ordinance or resolution directing the payment of
money or creating liability in such a case, the veto shall not affect the item or items,
which is, or are not objected to. The vetoed item or items shall not take effect unless
the Sanggunian overrides the veto in the manner provided in the succeeding
paragraph; otherwise the item or items in the appropriate ordinance of the previous
year corresponding to those vetoed shall be deemed re-enacted.

The Sanggunian may override the veto of the Local Chief Executive by two-
thirds (2/3) vote of all its members, thereby, making the ordinance or resolution
effective even without the approval of the Local Chief Executive.

The Local Chief Executive may veto ordinances or resolutions, which are subject
to his approval, only once. (Sec. 55-c, RA 7160)

ARTICLE D
Effectivity and Posting of Ordinances and Resolutions

Section 2D.01. Effectivity. Unless otherwise stated in the ordinance or resolution,


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

Within ten (10) days after receipt by the Local Chief Executive of the ordinance,
he shall return the same to the Sanggunian with either his approval or his veto. If he
does not return it with that time, the ordinance shall be deemed approved.

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


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

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


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

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ARTICLE E
Adoption of Resolution Pertaining to Temporary Closures of Roads,
Streets, Alleys, Park, Plaza or Public Square

Section 2E.01. Temporary Closure of Roads.

a. Any national or local road, alley, park or public square may be temporarily
closed during actual emergency or fiesta celebrations, public rallies, agricultural
or industrial fairs, or undertaking of public works and highways,
telecommunications, and waterworks projects, the duration of which shall be
specified by the Local Chief Executive in a written order, as follows:
1. During Fiesta Celebrations – for a period not exceeding nine (9) days;
2. During agricultural, commercial or industrial fairs or expositions – for a
period as may be determined by the Local Chief Executive to be necessary
for the safety, security, health, or welfare of the public or when such closure
is necessary to facilitate completion of the projects or activities;
b. The Local Chief Executive upon authorization by the Sanggunian, through a
resolution, may temporarily close and regulate the use of any loca, street, road,
thoroughfare, or any other public place where shopping malls, Sunday Markets,
flea market, night markets, or shopping areas may be established and where
goods, merchandise, food stuffs, commodities, or articles of commerce may be
sold and dispensed to the general public.

Section 2E.02. Permanent Closure. No permanent closure of any local road,


street, alley, park or public square shall be affected unless there is an Ordinance
enacted by the Sanggunian for that purpose and there exists a compelling reason or
sufficient justification thereof such as, but not limited to, change in land use,
establishment of infrastructure facilities, projects, or such other justifiable reasons as
public welfare may require and provide that such permanent closure shall be subject
to the following rules and regulations:

a. The Ordinance authorizing the Local Chief Executive to order the permanent
closure of such public properties must be approved by at least two-thirds (2/3)
of all the members of the Sanggunian;
b. Public hearings shall first be conducted before any Ordinance authorizing
permanent closure of any local roads, alley, park, public square is enacted.
Notices or such hearings and copies of the proposed Ordinance shall be posted
for a minimum period of three (3) consecutive weeks in conspicuous places in
the provincial capitol, municipal hall, barangay halls in every barangay and
within the vicinity of the street or park proposed to be closed;
c. A property permanently withdrawn from public use may be used or conveyed
for any purpose for which other real property belonging to the municipal
government may be lawfully used or conveyed;
d. No such way or place or any part thereof shall be permanently closed without
making provisions for the maintenance of public safety therein;
e. As may be necessary, an adequate substitute for the public facility that is
subject to closure shall be provided; and

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f. No freedom park or plaza shall be closed permanently without provisions for its
transfer or relocation to a new site.

Section 2E.03. Procedure for Indemnification.

a. The Local Chief Executive shall cause to be served, together with the closure
order, a personal notice to all persons adversely affected thereby, to file within
thirty (30) days from service, a claim for indemnification. Such claim shall be
filed with the Committee on Claims created for the purpose;
b. A claim shall be in the form of affidavit stating the amount of damage, the kind
of loss or damage suffered and the reasons in support thereof. All pertinent
receipts, papers and documents shall be attached to the claim;
c. Claims not filed within thirty (30) days period stated in the notice shall be
barred. However, for justifiable cause shown, the Committee on Claims may
allow a late claim to be filed within such further period not exceeding thirty (30)
days as it may set;
d. To ensure judicious determination of claims for indemnification and fair
valuation of loss, damage, or injuries suffered by a claimant, the Local Chief
Executive immediately upon issuing the order of closure shall create a
Committee on Claims. The Committee shall be composed of the Treasurer as
Chairman, and two (2) other members, preferably the Assessor and the
Planning and Development Coordinator; and
e. The Committee on Claims shall determine and award the fair amount due to
the claimant as indemnity for loss, damage or injury suffered by reason of the
closure, based on the proof submitted by the claimant and on standards
formulated by the Committee, taking into consideration pertinent economic,
social and other conditions in the locality.

Section 2E.04. Alternative Way or Route. No local road, street, alley, park or
public square shall be closed, whether temporarily or permanently, without first
providing an alternative way or route for the use of vehicles and pedestrian as access
to and from their residence or establishment to the main road, which shall in so far as
practicable be wide enough for use by fire trucks, ambulances and similar transport
vehicles.

ARTICLE F
Applicability Clause

Section 2F.01. Applicability of other Issuance. The existing rules and regulations
implementing the Local Government Code of 1991 (RA 7160) and other issuance of
national government agencies pertaining to local legislation are hereby adopted and
made an integral part of this Chapter.

ARTICLE G
Penalty Clause

Section 2G.01. Penalty. Any person who violates any provision under this Chapter
shall be penalized with a fine of not more than Two Thousand Five Hundred Pesos

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(P2,500.00) or imprisonment of not more Six (6) months, or both such fine and
imprisonment, at the discretion of the court.

CHAPTER III
CODE OF CONDUCT AND ETHICAL STANDARDS FOR LOCAL OFFICIALS
AND EMPLOYEES

ARTICLE A
Declaration of Policy

Section 3A.01. Policy. It is the policy of this municipal government to promote a


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

Section 3A.02. Definition of Terms. As used in this Chapter, the term:

Public Officials – include elective and appointive officials and employees, permanent
or temporary, whether in the career or non-career service, including military and police
personnel, whether or not they receive compensation, regardless of amount.

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


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

Receiving Any Gift – includes the act of accepting, directly or indirectly, a gift from
a person other than a member of his family or relative as defined in this Chapter, even
on the occasion of a family celebration or national festivity like Christmas, if the value
of the gift is neither nominal nor significant, or the gift is given in anticipation of, or in
exchange for, a favor.

Loan – covers both simple loan and “commudotum” as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

Substantial Stockholders – means any person who owns, directly or indirectly,


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

Family of Local Officials or Employees – means their spouses and unmarried


children under eighteen (18) years of age.

Person – includes natural and juridical persons unless the context indicates
otherwise.

Conflict of Interest – arises when a local official or employee is a member of a


board, an officer, or a substantial stockholder of a private corporation or owner or has

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a substantial interest in a business, and the interest of such corporation or business,
or his rights or duties therein, may be opposed to or affected by the faithful
performance of official duty.

Divestment – is the transfer of title or disposal of interest in property by voluntarily,


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

Relatives – refer to any and all persons related to a public official or employee within
the fourth civil degree of consanguinity or affinity, including “bilas”, “inso”, and
“balae”.

ARTICLE B
Norms of Conduct of Local Officials and Employees

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


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

a. Commit to Public Interest. Local officials and employees shall always uphold
the public interest over and above personal interest. All government resources
and powers of their respective offices must be employed and used efficiently,
effectively, honestly and economically, particularly to avoid wastage in public
funds revenues;
b. Professionalism. Local officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence
and skill. They shall endeavor to discourage wrong perception of their roles as
dispensers or peddlers of undue patronage;
c. Justness and Sincerity. Local officials and employees shall remain true to
the people at all times. They must act with justness and sincerity and shall not
discriminate against anyone, specially the poor and the underprivileged. They
shall at all times respect the rights of others, and shall remain from doing acts
contrary to law, good morals, good customs, public policy, public order, public
safety and public interest. They shall not dispense or extend undue favors on
account of their offices to their relatives whether by consanguinity or affinity,
except with respect to appointments of such relatives to positions considered
strictly confidential or as members of their personal staff whose terms are co-
terminus with theirs;
d. Political Neutrality. Local officials and employees shall provide service to
everyone without discrimination and regardless of party affiliation or
preference;
e. Responsive to the Public. Local officials and employees shall extend prompt,
courteous and adequate service to the public. Unless otherwise provided by law
or when required by the public interest, public officials and employees shall
provide information on their policies and procedures in clear and
understandable language, ensure openness of information, public consultations
and hearing whenever appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape and develop an

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understanding and appreciation of the socio-economic conditions prevailing in
the country, especially in the depressed rural and urban areas;
f. Nationalism and Patriotism. Local officials and employees shall at all times
be loyal to the Republic and to the Filipino people, promote the use of locally
produced goods, resources and technology and encourage appreciation and
pride of our country and people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion;
g. Commitment to Democracy. Local officials and employees shall commit
themselves to the democratic way of life and values, maintain the principle of
public accountability, and manifest by deeds the supremacy of civilian authority
over the military. They shall at all times uphold the Constitution and put loyalty
to country above loyalty to persons or party; and
h. Simple Living. Local officials and employees and their families shall lead
modest lives appropriate to their positions and income. They shall not indulge
in extravagant or ostentatious display or wealth in any form.

ARTICLE C
Duties and Responsibilities of Local Officials and Employees

Section 3C.01.Duties Responsibilities and Obligations. In the performance of


their duties, all public officials and employees are under obligation to:

a. Act promptly on Letters and Request. All local officials and employees shall
within fifteen (15) working days from receipt thereof, respond to letters
telegrams or other means of communications sent by the request;
b. Submit Annual Performance Reports. All heads or other responsible
officers of local offices shall, within forty-five (45) working days from the end
of the year, render a performance report of their respective offices to the Local
Chief Executive. Such report shall be open and available to the public within
regular office hours;
c. Process Documents and Papers Expeditiously. All official papers and
documents must be processed and completed within a reasonable time from
the preparation thereof and must contain, as far as practicable, not more than
three (3) signatories, therein. In the absence of duly authorized signatories,
the official next-in-rank or officer-in-charge shall sign for and in their behalf;
d. Act Immediately on Public’s Personal Transactions. All local officials and
employees must attend to anyone who want to avail himself of the services of
their offices and must, at all times, act promptly and expeditiously; and
e. Make Documents Accessible to the Public. All public documents must be
made accessible to, and readily available for inspection by, the public within
reasonable working hours.
ARTICLE D
Ethical Standards

Section 3D.01.Prohibited Acts and Transactions. In addition to acts and


omissions of public officials and employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited acts and transactions of any
local official and employees and are hereby declared to be unlawful:

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a. Financial and Material Interest. Local public officials and employees shall
not, directly or indirectly, have any financial or material interest in any
transaction requiring the approval of their office;
b. Outside Employment and other Activities Related Thereto. Local
officials and employees during their incumbency shall not;
1. Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless expressly
allowed by law;
2. Engaged in the practice of their profession unless authorized by the
constitution or by law, provided that such practice will not conflict or tend
to conflict with their official functions; or
3. Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their officer. These prohibitions
shall not continue to apply for a period of one year after resignation,
retirement, or separation from public office, except in the case of
subparagraph (2) (b) above, but the professional concerned cannot practice
his profession in connection with any matter before the office he used to be
with, in which case the one-year prohibition shall likewise apply;
c. Disclosure and/or Misuse of Confidential Information. Local officials
and employees shall not use or divulge confidential or classified information
officially known to them by reason of their office and not made available to the
public either:
1. To further their private interest;
2. To give undue advantage to anyone; or
3. To prejudice the public interest.
d. Solicitation or Acceptance of Gifts. Local officials and employees shall not
solicit, or accept, directly or indirectly, any gift, gratuity, favor, entertainment,
loan or anything of monetary value from any person in the course of their
official duties or in connection with any operation being regulated by, or any
transaction which may be affected by the functions of their office.

As to gifts or grants from foreign government, the following are allowed:

a. The acceptance by a local official or employee of a gift of nominal value


tendered and received as a souvenir or mark of courtesy;
b. The acceptance by a local official or employee of a gift in the nature of a
scholarship or fellowship grant or medical treatment; or
c. The acceptance by a local official or employee of travel grants or expenses for
travel taking place entirely outside the Philippines (such as allowances,
transportation, food and lodging) or more than nominal value is such
acceptance is appropriate or consistent with the interest of the Philippines, and
permitted by the head of office to which he belongs.

ARTICLE E
Transparency in Public Service

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Section 3E.01.Statement of Assets, Liabilities and Net Worth; disclosure of
Business Interests and Financial Connections. All local officials and employees,
except those who serve in an honorary capacity, laborers and casuals or temporary
workers, shall file under oath their statement of “Assets, Liabilities and Net Worth”
and a “Disclosure of Business Interests and Financial Connections” and those of their
spouses and unmarried children under eighteen (18) years of age living in their
households. The two documents shall contain information on the following:
a. Real property, its improvements, acquisition costs, assessed value and current
fair market value;
b. Personal property and acquisition cost;
c. All other assets such as investments, cash on hand or in banks, stocks, bonds,
and the like;
d. Liabilities; and
e. All business interests and financial connections.

The documents must be filed:

Within thirty (30) days after assumption of office;


On or before April 30 of every year thereafter; and
Within thirty (30) days after separation from the service.

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

Husband and wife who are both local officials and employees may file the
required statements jointly or separately.

The statement of “Assets, Liabilities and Net Worth” and the “Disclosure of
Business Interests and Financial Connections” shall be filed;
With the Deputy Ombudsman in Region IV, if local officials and employees; and

With the Civil Service Commission, if all other officials and employees, as
defined in Republic Act No. 3019, as amended.

Section 3E.02.Identification and Disclosure of Relatives. It shall be the duty


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

Section 3E.03.Accessibility of Documents.

a. Any and all statements filed under this Chapter shall be made available for
inspection at reasonable hours;

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b. Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by existing laws;
c. Any person requesting a copy of a statement shall be required to pay a
reasonable fee to cover the cost of reproduction and mailing of such statement,
as well as the cost certification; and
d. Any statement filed under this Chapter shall be available to the public for a
period of ten (10) years after receipt of the statement. After such period, the
statement may be destroyed unless needed in an ongoing investigation.

Section 3E.04.Other Prohibited Acts. It shall be unlawful for any person to obtain
or use any statement filed under this Chapter for:

a. Any purpose contrary to morals or public policy; or


b. Any commercial purpose other than by news and
c. Communications media for dissemination to the general public.

ARTICLE F
Conflict of Interest and Divestment

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


conflict of interest at all times. When a conflict of interest arises, he shall resign from
his position in any private business enterprise within thirty (30) days from his
assumption of office and/or divest himself of his shareholdings or interest within sixty
(60) days from such assumption.

The same rule shall apply where the local official or employee is a partner in
partnership.

This requirement of divestment shall not apply to those who serve the
government in a honorary capacity nor to laborers and casual or temporary workers.

ARTICLE G
Penalties

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


penalties for offenders, the following rules and regulations shall be observed:

a. Any local official or employee regardless of whether or not he holds office or


employment in a casual, temporary hold-over, permanent or regular capacity,
committing any violation of this Chapter shall be punished with a fine not
exceeding the equivalent of six (6) months’ salary or suspension not exceeding
one (1) year, or removal depending on the gravity of the offense after due
notice and hearing by the appropriate body or agency. If the violation is
punishable by a heavier penalty under existing law, he shall be prosecuted
under that law;
b. Violation of Article D, E and F, of this Chapter shall be prosecuted and penalized
under the provisions of Republic Act 6713;

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c. Any violation hereof proven in a proper administrative proceedings shall be
sufficient cause for removal or dismissal of a local official or employee, even if
no criminal prosecution is instituted against him; and
d. Private individuals who participate in conspiracy as co-principals, accomplices
or accessories, with officials or employees, in violation of this Chapter, shall be
subjected to the same penal liabilities as the public officials or employees and
shall be tried jointly with them.

CHAPTER IV
PEACE AND ORDER AND PUBLIC SAFETY

ARTICLE A
Possession of Firecrackers

Section 4A.01. Regulated Act.

No person shall possess any destructive firecrackers irrespective of quantities


within the jurisdiction of the municipality.

Section 4A.02. Definition of Term. As used in this Article:

a. Firecracker – refers to a paper cylinder, triangle or whatever form


enclosing an explosive material used to make noise including what is locally
known as “bawang”, “atomic bomb jr”, “triangulo”, or similar explosives
which are destructive and dangerous to lives and properties.

Section 4A.03. Exemption.

During special occasions where the need to use firecrackers become necessary,
the Local Chief Executive may issue a special permit for possession and use of such
materials, provided that the permitee or user thereof is more than Eighteen years of
age.

Section 4A.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.

ARTICLE B
Curfew for Minors

Section 4B.01. Prohibited Act.

No minor shall loiter around in any public or private places from 10:00 P.M. to
4:00 A.M. of the ensuing day.

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Section 4B.02. Definition of Terms. As used in this Article:

a. Minor – refers to a child whose age is 17 years old and below.

b. Curfew Hour – refers to the time frame starting 10:00 P.M. up to 4:00
A.M. of the ensuing day.

c. Place – refers to an area outside of the residence premises whether public


or private locale which is open to the public which include but not limited to
parks and plazas, recreational and amusement centers, malls, markets,
sports buildings and premises, business establishments, schools, karaoke
bars, internet cafes, and the like.

Section 4B.03. Administrative Provisions.

a. It shall be the responsibility of the parents/guardians to prevent their minor


children from going outside of their residences during the curfew hours imposed
in this Article. If ever their children are not at home during the curfew hours, it
is their responsibility to monitor the whereabouts of the same and exert efforts
to locate them and brought home;
b. The Local Philippine National Police in coordination with the barangay tanods
shall rescue the minors during the curfew hours and shall be brought to the
local police station for documentation purposes;
c. All rescued minors after documentation with the local police station shall be
brought to their respective homes as much as possible. If ever it is impossible
for the minor to be turned over to their parents, the concerned minor shall be
allowed to stay overnight at the police station to ensure the safety and welfare
of the minor with the condition that he/she will not be locked in a cell; the
following day the minor shall be released free from any legal accountabilities;
d. Any minor shall be exempted from the provisions of this Article on the following
grounds:
1) When the minor is engaged in a family business which requires him/her to
stay beyond 10:00 P.M.;
2) During town and barangay celebration such as foundation day, fiesta, and
other special occasions;
3) During school programs and activities where the duration extend beyond
10:00 P.M.;
4) During the Christmas Eve and Christmas Day; and New Year’s Eve and Day;
5) During the conduct of national and local elections;
6) During the occurrence of disasters and emergency cases endangering the
lives and properties;
e. Habitual violators of the curfew hours shall undergo an appropriate guidance
and counselling sessions by the Municipal Social Welfare and Development
Office to be participated in by both the parents and the minors;
f. The parents shall be liable for the payment of the penalties imposed in this
article;

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g. All applicable laws, rules and regulations of PD 7160, RA 9344 and RA 9262
and other policies related to the child welfare and protection shall form part of
the provisions of this Article.

Section 4B.04. Penal Provision.


Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.
ARTICLE C
Deadly Weapon Ban

Section 4C.01. Regulated Act.

No person shall possess or carry any kind of deadly weapon in any place within
this municipality except within his residential home, privately owned real estate, office
or place of work.

Section 4C.02. Definition of Term. As used in this Article:

a. Deadly Weapon – refers to firearms of whatever kind, explosives, knives,


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

Section 4C.03. Exemption.

Any person whose work or job require the use of the deadly weapon while
going to and from their place of work is exempted from the deadly weapon ban,
subject however, to convincing proofs.

Section 4C.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.

ARTICLE D
Public Disturbance

Section 4D.01. Prohibited Act.

No person under the influence of liquor shall be allowed to create public


disturbances or cause to create public alarm and scandal.

Section 4D.02. Definition of Terms. As used in this Article:

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a. Liquor- refers to beer, malt, brandy, rhum, whiskey or any alcoholic
beverages.

b. Public Disturbance – refers to any noise, sound or signal which


unreasonably disturbs the comfort, peace, or repose of another person or
persons.

c. Public Alarm – refers to any disastrous event or danger pose to the public.

d. Scandal – refers to an action or event regarded as morally or legally wrong


and causing general public outrage.

Section 4D.03. Administrative Provisions.

a. The enforcement of this Article shall be vested in the Local Philippine


National Police;
b. The Local Philippine National Police, Barangay Officials or Bantay Bayan
shall coordinate with one another for effective implementation of this
Article; and
c. Any police officer may in the exercise of reasonable judgment, decide that
the presence of a person to any public place is causing or is likely to cause
any of the condition stated and for preservation of public peace and order,
he shall order the person to leave the place and go home. Any person after
being ordered by police officer refuse to do so, shall be apprehended and
prosecuted for violation of this Article.

Section 4D.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred (P2,500.00) or one (1) month imprisonment
and/or both fine and imprisonment at the discretion of the court.

ARTICLE E
Fire Fighting Equipment

Section 4E.01. Regulated Act.

No person shall operate and maintain any commercial or industrial


establishment without installation and maintenance of fire extinguisher.

Section 4E.02. Definition of Terms. As used in this Article:

a. Commercial or industrial establishment – refers to a place where there


is business activity and shall include but not limited to:

1) Wholesale or retail stores;

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2) Refreshment parlors, bars, carenderias, restaurant and other similar
establishments;
3) Hotels and motels; apartments or pension houses;
4) Lodging or boarding houses;
5) Gasoline stations and LPG dealer;
6) Manufacturing and industrial plants; and
7) Warehouse and other establishment.

b. Fire Extinguisher – refers to a portable metal container, which usually


holds chemicals for putting out fires, which also include soda acid type;
foam type, carbon dioxide, mono ammonium sulphate and automatic
sprinklers.

c. Institutional building – refers to hospital, public building, school building,


church, and banking institutions.

Section 4E.03. Administrative Provisions.

a. The Chief of the Local Bureau of Fire Protection in coordination with the
Municipal Engineer may formulate additional necessary rules for effective
enforcement of this Article; and
b. The Chief of the Local Bureau of Fire Protection shall be responsible in the
enforcement of this Article.

Section 4E.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred (P2,500.00) or one (1) month imprisonment
and/or both fine and imprisonment at the discretion of the court.

ARTICLE F
Holding of Rally Demonstration and other forms of Assembly

Section 4F.01. Regulated Act.

No person shall stage rally, conduct demonstration or other similar assembly


without a permit from the Local Chief Executive and paying the corresponding fees
imposed under existing ordinance.

Section 4F.02. Definition of Terms. As used in this Article:

a. Rally – refers to a public meeting of a large group of people to


show support for something such as a particular opinion, political party or
sports team.

b. Demonstration – refers to the march or gathering which people take part


in to show opposition to something or to support for something.

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c. Assembly – refers to a group of people gathered together for a particular
purpose.

Section 4F.03. Administrative Provisions.

a. Any person or group of persons desiring to hold rally, demonstration or


other similar assembly shall first submit a written application to the Office
of the Local Chief Executive. The application shall indicate the name and
address of the applicant, organizer or sponsor of the activity, description of
the activity, the place where the same will be conducted, and such other
pertinent information or data as required under existing law;
b. The Local Chief Executive upon request as stated in the application shall
consider it as his ministerial duty and he can only deny the granting of a
permit sought if the Chief of the Local Philippine National Police or his
authorized deputy will certify that the holding of such activity will pose a
clear, or there is imminent danger to public order and safety or probable
destruction to public and private properties. This is without prejudice to the
right of the applicant or aggrieved party to seek redress before the proper
court;
c. The Police Office assigned to such kind of assemblies shall always observe
the principle of maximum tolerance. Before any dispersal operation
conducted, there should be a dialogue between the law enforcers and the
leader or spokesman of the other side. Should the leader or spokesman of
the rallyists or demonstrators refuses to hold a dialogue and the group
continuous to act in defiance of law and public order, the law enforcer may
then assert their authority and perform the necessary legitimate action as
warranted by the circumstances;
d. The Local Chief Executive in coordination with the Local Philippine National
Police, may issue necessary rules and regulations for proper implementation
of this Article; and
e. If the demonstration or similar assembly is held in the barangay, the Punong
Barangay is deputized the permit and shall coordinate with the Local
Philippine National Police to ensure peace and order, and public safety.

Section 4F.03. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred (P2,500.00) or one (1) month imprisonment
and/or both fine and imprisonment at the discretion of the court.

ARTICLE G
Storage of Flammable Products

Section 4G.01. Regulated Act.

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No person shall store any highly flammable products within the built up or
thickly populated areas in this municipality.

Section 4G.02. Definition of Term. As used in this Article:

a. Flammable Product – include but not limited to gasoline, crude oil,


petroleum, LPG, and other similar products.

Section 4G.03. Administrative Provisions.

a. Flammable and combustible products may be stored away from built up or


thickly populated areas provided that appropriate firefighting equipment
shall had been installed and duly inspected by the Municipal Fire Marshall
or its duly authorized representative;
b. The Certificate of Inspection by the Municipal Fire Marshall shall state
categorically that the establishment is hazard-free from adjoining
residential, institutional and commercial areas; and
c. The Local Bureau of Fire Protection Officer in coordination with the Local
Philippine National Police shall be responsible in the implementation of this
Article.

Section 4G.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred (P2,500.00) or one (1) month imprisonment
and/or both fine and imprisonment at the discretion of the court.

ARTICLE H
Passage of Big and/or Heavy Loaded Trucks through the Parallel Road
along the National Power Corporation Power Channel

Section 4H.01. Prohibited Act.

No person driving big/heavy load trucks shall ply to the road parallel along the
National Power Corporation power channel located within the municipality.
Section 4H.02. Definition of Terms. As used in this Article:
a. Person – refers to a driver and/or operator of a heavy loaded truck/hauler.

b. Big/heavy loaded truck – refers to but not limited to ten wheeler, six
wheeler trucks loaded with sugar cane and other farm commodities.

c. NPC Open Power Channel – refers to the strip of waterway traversing


along Barangay Panadtalan, Anahawon, North Poblacion, South Poblacion
and Camp-1 of this municipality including the cemented pathway on both
sides of the channel.

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Section 4H.03. Administrative Provisions.
a. The Local Chief Executive in coordination with Plant Manager of the National
Power Corporation and its Security Personnel in Coordination with the
Barangay Officials concerned and Local Police Personnel shall be responsible
in the enforcement of this Article; and

b. Trucks that will be used by the farmers in the transport of their farm inputs
and products shall be exempted from the provision of this Ordinance,
provided, however, said farmers is having a farm land located within
Panadtalan, Anahawon, Purok 5A, 7 and 8 of South Poblacion and Purok 9
of North Poblacion and Camp-1, Maramag, Bukidnon adjacent to the National
Power Corporation power channel.
Section 4H.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six (6)
months or both fine and imprisonment at the discretion of the court.

ARTICLE J
Fishing, Washing Clothes, Taking a Bathe, Siphon Water and other related
activities within the National Power Corporation Open Water Channel

Section 4I.01. Prohibited Act.

No person shall take a bath, wash clothes, siphon water and do other related
activities along the National Power Corporation open channel this municipality.

Section 4I.02. Definition of Term. As used in this Article:

a. NPC Open Power Channel – refers to the strip of waterway traversing


along Barangay Panadtalan, Anahawon, North Poblacion, South Poblacion
and Camp-1 of this municipality including the cemented pathway on both
sides of the channel.

Section 4I.03. Administrative Provision.

The Local Chief Executive in coordination with Plant Manager of the National
Power Corporation and its Security Personnel in Coordination with the Barangay
Officials concerned and Local Police Personnel shall be responsible in the enforcement
of this Article.

Section 4I.04. Penal Provision

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Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six (6)
months or both fine and imprisonment at the discretion of the court.

ARTICLE J
Ban of Planting Trees, Palms and other Plant Species from the Easement
of High Tension Transmission Lines or electric Wires within the Right-Of-
Way (Row) of the First Bukidnon Electric Cooperate, Inc., 69 Kv and
Transco 138 Kv Transmission Lines

Section 4J.01. Prohibited Act.

All persons are prohibited from planting trees, palms, low, medium or other
high growing plant species 25, 40, and 80 feet from the easement of high transmission
lines of the National Transmission Corporation or the electric power lines of the First
Bukidnon Electric Cooperative, Inc., (FIBECO), or any other agencies or entity, who
may be authorized by law to engaged in the generation and distribution of electricity
in the municipality of Maramag, Bukidnon.

Section 4J.02. Definition of Terms. As used in this Article:

a. High Growing Specie – refers to trees, plants, palms, vines and other
plant species whose branches and height in their maturity tend to touch
power lines;

b. Improvement – refers to the planting, cultivating and rearing of high


growing plant species below or near transmission or power lines;

c. Transmission/ Power Line – refers to a line that carries or transmit


electricity from the power plant to commercial, residential or industrial
users;

d. 69 kv Transmission Line – refers to a line that transmit 69 Kv of electricity


from the power plant of National Power Corporation (NPC) on wood poles;

e. 138 Kv Transmission Line – refers to a line that transmit 138 Kv of


electricity from the power plant of National Power Corporation (NPC) on
steel towers.

Section 4J.03. Administrative Provisions.

a. All person who plants trees, palms, high growing plant species for profit or
not, in all areas within the Municipality of Maramag, Bukidnon where there
are installed power transmission lines used for industrial, commercial or
residential purposes are mandated to adhere to the existing law;

Page 23 of 166
b. The Office of the Local Chief Executive shall create a monitoring team to
coordinate with the Barangay Officials of the concerned barangay and the
National Transmission Corporation (TransCo) and the First Bukidnon Electric
Cooperative Inc., (FIBECO) who shall be responsible in periodically checking
that all transmission lines in the municipality of Maramag, Bukidnon are free
from the danger of falling trees or branches which might cause power
interruption. The monitoring team shall submit their periodic report to the
Office of the Local Chief Executive.

Section 4J.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six (6)
months or both fine and imprisonment at the discretion of the court.

ARTICLE K
Ban of Burning of Sugarcane Fields from the Easement of High Tension
Transmission Lines or Electric Underneath and within the Right-Of-Way
(Row) of the First Bukidnon Electric Cooperate, Inc., 69 Kv and Transco
138 Kv Transmission Lines

Section 4K.01. Prohibited Act.

All persons are prohibited from burning sugarcane fields from the easement of
high transmission lines of the National Transmission Corporation or the electric power
lines of the First Bukidnon Electric Cooperative, Inc., (FIBECO), or any other agencies
or entity, who may be authorized by law to engaged in the generation and distribution
of electricity in the municipality of Maramag, Bukidnon.

Section 4K.02. Definition of Terms. As used in this Article:

a. Transmission/ Power Line – refers to a line that carries or transmit


electricity from the power plant to commercial, residential or industrial
users;

b. 69 kv Transmission Line – refers to a line that transmit 69 Kv of


electricity from the power plant of National Power Corporation (NPC) on
wood poles;

c. 138 Kv Transmission Line – refers to a line that transmit 138 Kv of


electricity from the power plant of National Power Corporation (NPC) on
steel towers.

Section 4K.03. Administrative Provisions.

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a. All person burning sugarcane fields in all areas within the Municipality of
Maramag, Bukidnon where there are installed power transmission lines used
for industrial, commercial or residential purposes are mandated to adhere
to the existing law;
b. The Office of the Local Chief Executive shall create a monitoring team to
coordinate with the Barangay Officials of the concerned barangay and the
National Transmission Corporation (TransCo) and the First Bukidnon Electric
Cooperative Inc., (FIBECO) who shall be responsible in periodically checking
that all transmission lines in the municipality of Maramag, Bukidnon are free
from the danger of falling trees or branches which might cause power
interruption. The monitoring team shall submit their periodic report to the
Office of the Local Chief Executive.

Section 4K.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six (6)
months or both fine and imprisonment at the discretion of the court.

ARTICLE L

Ban on Construction of Structures/ Introducing High Rise Improvement


Underneath and within the Right-Of-Way (Row) of the First Bukidnon
Electric Cooperate, Inc., 69 Kv and Transco 138 Kv Transmission lines
from the Easement of High Tension Transmission Lines

SECTION 4L.01. Prohibited Act.

All persons are prohibited from introducing high rise improvements from the
easement of high transmission lines of the National Transmission Corporation or the
electric power lines of the First Bukidnon Electric Cooperative, Inc., (FIBECO), or any
other agencies or entity, who may be authorized by law to engaged in the generation
and distribution of electricity in the Municipality of Maramag, Bukidnon.

Section 4L.02. Definition of Terms. As used in this Article:

a. Improvement – refers to construction of high rise buildings that may


cause a threat to the transmission lines of the First Bukidnon Electric
Cooperative, Inc and National Power Corporation.

b. Transmission/ Power Line – refers to a line that carries or transmit


electricity from the power plant to commercial, residential or industrial
users.

c. 69 kv Transmission Line – refers to a line that transmit 69 Kv of electricity


from the power plant of National Power Corporation (NPC) on wood poles.

Page 25 of 166
d. 138 Kv Transmission Line – refers to a line that transmit 138 Kv of
electricity from the power plant of National Power Corporation (NPC) on
steel towers.

Section 4L.03. Administrative Provisions.

a. All person who introduce improvements of high rise structures whether for
profit or not, in all areas within the Municipality of Maramag, Bukidnon
where there are installed power transmission lines used for industrial,
commercial or residential purposes are mandated to adhere to the existing
law; and

b. The Office of the Local Chief Executive shall create a monitoring team to
coordinate with the Barangay Officials of the concerned barangay and the
National Transmission Corporation (TransCo) and the First Bukidnon Electric
Cooperative Inc., (FIBECO) who shall be responsible in periodically checking
that all transmission lines in the municipality of Maramag, Bukidnon are free
from the danger which might cause power interruption. The monitoring
team shall submit their periodic report to the Office of the Local Chief
Executive.

Section 4L.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Thousand
Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six (6) months or
both fine and imprisonment at the discretion of the court.

ARTICLE M
Provision on Net Wrap on Hauler Trucks

Section 4M.01. Prohibited Act.


No person involved in the hauling of but not limited to sugarcane products,
papaya, sand and gravel, pineapple and the likes shall traverse in the municipality of
Maramag without net wrapping their loaded trucks.
Section 4M.02. Definition of Terms. As used in this Article:
a. Person – refers to a driver, operator of a cargo truck hauling sugarcane
products, papaya, sand and gravel, pineapple and the likes.

b. Net – refers to any material that will cover the load of the hauler.

c. Hauler – refers to all sugarcane loaded trucks traversing the municipality


of Maramag.
Section 4M.03. Administrative Provision.

Page 26 of 166
The Local Chief Executive in coordination with the law enforcers and Local
Philippine National Police shall be responsible in the enforcement of this Article.

Section 4M.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six (6)
months or both fine and imprisonment at the discretion of the court.

ARTICLE N
Drawdown/Dewatering of National Power Corporation
Power Channel

Section 4N.01. Prohibited Act.

No person shall enter or go into the National Power Corporation (NPC) power
channel specifically one (1) meter away from the embankment during the duration of
drawdown/dewatering activity.

Section 4N.02. Definition of Term. As used in this Article:

a. Drawdown/dewatering – refers to draining or removal of water from


sediment or waste materials.

Section 4N.03. Administrative Provisions.

a. Any person is not allowed to catch fish and the like, salvage any sunken
debris that may entice and cause passersby/bystanders into the prohibited
area in the entire drawdown activity unless authorized;

b. After the cursory inspection to the power channel made by NPC Personnel,
the watering process shall follow. Any person is not allowed to go near the
prohibited area during the conduct of drawdown/dewatering activity unless
authorized;

c. The National Power Corporation (NPC) management shall be responsible in


the dissemination of information regarding the schedule of
drawdown/dewatering activity;

d. The following are deputized to enforce this Article:

1) Members of the Local Philippine National Police assigned in the locality


2) Members of the 8th Infantry Batallion assigned at the National Power
Corporation, Pulangui IV Hydroelectric Power Plant
3) National Power Corporation Security Force
4) Officials of the barangays

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5) Members of the Bantay Bayan
6) Law Enforcers of LGU Maramag

e. The Local Chief Executive or his/her authorized representative in


coordination with National Power Corporation (NPC) shall be responsible in
the enforcement of this Article.

Section 4N.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE O

Installation of Closed Circuit Television (CCTV)


or Video Surveillance System in Private or Public Establishments

Section 4O.01. Regulated Act.

Any private or public establishment with a capitalization of One Million Pesos


(P1,000,000.00) shall be required to install Closed Circuit Television (CCTV) or Video
Surveillance System.

Section 4O.02. Definition of Terms. As used in this Article:

a. Bank – refers to an establishment which primary function is related to the


custody, loan exchange, issuance of money, extension of credit or
transmission of funds.
b. Feeds – refers to the visual information transmitted by the CCTV cameras.
c. Monitor – refers to the screen or other devices in which the feeds are
viewed.
d. Public Business – refers to government controlled business like food
courts, meat and fish stalls, ukay-ukay and other related establishments
that give revenue to the locality where small businesses are grouped that
all in all can reach a capital of one million pesos.
e. Public Place – refers to indoor or outdoor areas, whether privately or
publicly owned, to which the public have access by right or by invitation,
expressed or implied, whether by payment of money or not, but not a place
when used exclusively by one or more individuals for a private gathering or
other personal purpose.
f. Shopping Mall - refers to a building or series of buildings containing a mix
of four (4) or more commercial establishments in a single development or
on a single parcel.
g. Video Surveillance System – refers to a digital surveillance system
including cameras, cabling, monitors and digital video recorders (DVR) that
records in colored with cameras and lens of a type, minimum resolution,
number and location approved by the Chief of Police or his/her designee.

Page 28 of 166
This system must be capable of producing a retrievable and identifiable
images and video recordings on approved media that can be enlarged
through projection or other means, and can be made a permanent record
for use in a criminal investigation. It shall also include without limitation any
closed circuit video cameras (CCTV) or other cameras, video recorders,
digital cameras or digital recorders or other technological devices used in
the above manner.

Section 4O.03. Administrative Provisions.

a. Every bank, department store, shopping mall, secondary school, college and
university, gasoline station, pawnshop, lending institution, convenience
store, and all similar establishments with capitalization of One Million Pesos
(P1,000,000.00) is hereby required to install Closed Circuit Television
(CCTV) or Video Surveillance System;
b. The local government and concerned national agencies shall likewise install
Closed Circuit Television (CCTV) in public buildings or places where the
public frequently converge like markets, terminals, food courts, plazas or
parks, main thoroughfares or in the entrance and exit points of the locality
as maybe recommended by the Chief of Police;
c. Such establishments or government agencies which installed surveillance
systems prior to the effective date of this Article shall ensure that they are
in full compliance with this Article;
d. The CCTV or video surveillance system must be capable of delineating on
playback of the system, the activity and physical features of persons or
areas within the premises, and must be able to record such images on an
approved form of media. For the purpose, it shall have at least met the
following specifications:

1) Have one dedicated channel for each camera in operation;


2) Shall record at least 640 x 480 recording resolution level;
3) Shall have the capacity to record at fifteen frames per second, per
camera; For Example: a system with 10 cameras would need to have
DVR capable of recording at least 150 frames per second.
4) Shall have enough memory to retain data from all cameras for a
period of thirty (30) days. One estimate has been provided that this
would equal approximately 40 GB of hard drives memory per camera;
5) Possess the ability to view and retrieve data while the system remains
in operation;
6) Possess the ability to produce DVR copy of desired data for
evidentiary purposes in a format playable via Windows Media Player
to a Standard DVD Player;
7) It shall be placed in a locked and secured location to prevent
distraction or tampering.

Cameras

8) Operate with a minimum 480 Total Vertical Lines (TVL) of resolution;

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9) Shall have the ability to record colored images during sufficient
lighting and record in black and white during hours of low light;
10) Each camera shall be matched to each specific application taking into
consideration:

10.1) the distance to target image;

10.2) “Lux Rating” or compatibility with the amount of light available


to include excessive amount of sunlight;

10.3) view angle of camera in relation to area of the desired


coverage;

10.4) Each camera shall have a clear and unobstructed view of the
area of desired coverage;

10.5) Cameras shall be positioned to capture the “Head and


Shoulder” images at exits, entrances and point of sale location.

Digital Video Recorder Monitors

10.6) Each system shall have a monitor that may be accessed by the
Police Department and other law enforcement agencies for viewing
the recorded images;

10.7) The monitor shall be of a Liquid Crystal Display (LCD) design


with a screen not smaller that fifteen (15) diagonal inches;

Power Supply

10.8) Each system shall have a dedicated power source to prevent


intentional or accidental deactivation and preferably provided with
uninterrupted power supply (UPS).

e. The video surveillance systems shall be maintained in proper working order


at all times and shall be in operation at least during office hours and at the
option of the owner twenty-four (24) hours, seven (7) days a week, and
shall meet the minimum technological standards established in this Article;
f. The establishment shall retain the continuous digital images recorded by
this system for no less than thirty (30) days for review and reference
purposes. After 30 days, feeds or recordings would be destroyed unless
their preservation is required by a court order, the Local Philippine National
Police, National Bureau of Investigation (NBI), Criminal Investigation and
Detention Group (CIDG), Philippine Drug Enforcement Agency (PDEA) or
the Local Chief Executive;
g. If a crime occurs or an employee believes a crime has occurred, the business
establishment shall contact the Local Philippine National Police immediately
and shall provide immediate access to the media or CCTV/video recordings

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containing the recorded event to the police and investigators. Only the
investigators and those authorized by the Chief of Police, however shall be
allowed to view the video footages;
h. The unauthorized or unofficial use or viewing of any saved video recording
and the unauthorized public identification of any person or client seen in the
video is considered unlawful. The same shall not in any manner be used to
infringe with the privacy of the individuals, and those found in violation shall
be prosecuted with laws violating the right to privacy;
i. The feeds may be used at any time to satisfy the written order of any court
of competent jurisdiction or any authorized subpoena;
j. Subject to item g above, the Feeds shall not be 1.) broadcasted by the
establishment on or through any medium other than the Monitors; 2.)
viewed by any person other than employees who are authorized to view the
Monitors; 3.) transferred to any third party, whether for profit or not; and
4.) recorded or otherwise stored except in accordance with this Article;
k. The video surveillance system shall have, at a minimum, separate cameras
detected to each register/ check out, entrances/exits, and parking lot or
area designated for customers and/or employee parking use;
l. The placement of cameras included in video surveillance systems required
under this Article shall be approved by the Police Department;
m. The Chief of Police or his/her designee will conduct an assessment of each
site required to install a video surveillance system prior to installation, and
upon approval will issue an approval notice which will be placed in plain
view inside the premises. This approval notice will also inform customers
and employees of the existence. A separate notice of the video surveillance
system, in a form acceptable to the Chief of Police, shall be placed in the
parking area;
n. The video surveillance system shall be subject to regular inspection by the
Chief of Police or his/her designee, who is authorized to inspect at
reasonable times any video surveillance system to determine if the system
conforms with this Article. If the video surveillance system does not so
conform, the establishment must take immediate steps to bring system back
into conformation;
o. Establishments subject to the mandatory requirements of the Article shall
have six (6) months from its date to comply with the regulations set forth
in this Article;
p. A business or agency may apply to the Chief of Police or his/her designee
for exemption from the provision of this Article in an annual basis. The Chief
of Police or his/her designee may exempt a business or agency for a period
of twelve (12) months if he/she finds that the business has or will undertake
alternate security procedures which are substantially equal to or more
effective in preventing criminal activity and in assisting the apprehension of
the perpetrators of crime or for the protection of employees. Such
exemption shall carry a maximum duration of twelve months, and the
business or agency must re-apply for an exemption at the end of the
exemption period or bring the system into conformance with this Article;
q. Small establishments may install CCTVs for surveillance and security
purposes;

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r. The Chief of Police or his/her designee may authorize temporary extension
of time for installation when a business or agency demonstrates that it is
temporarily unable to comply for good cause shown;
s. Any establishment or agency found to be in violation of this Article shall
have the right to a hearing before the Local Chief Executive or his/her
designee;
t. The Chief of Police or his/her designee shall issue a written notice of the
violation to an establishment or agency. The notice shall set forth the
ground for violation, and shall inform the owner or principal business
operator of the establishment or agency head that he/she has ten (10) days
from the date of receipt of notice to file a written request for a hearing;
u. Within ten (10) days, the written notice of violation, the owner or principal
business operator or agency head may appeal by requesting a hearing
before the Local Chief Executive. The request must be made in writing and
must set forth the specific ground for the appeal. If the applicant files a
timely request for hearing, the Local Chief Executive or his/her designee
shall set a time and place for the hearing within ten (10) days thereafter.
All parties involved shall have the right to offer testimonial, documentary
and tangible evidence bearing on the issues, to be represented by counsel,
and to confront and cross-examine any witness against them. The decision
of the Local Chief Executive or his/her designee to deny the application shall
be in writing and shall be rendered within one (1) week before the hearing;
v. The Legal Office is authorized to bring a civil action in any court of
competent jurisdiction to recover civil penalties;
w. The Local Chief Executive or his/her authorized personnel from the Local
Government Unit of Maramag and Local Philippine National Police shall be
responsible in the enforcement of this Article.

Section 4O.04. Penal Provision.

Any person or establishment who violates any provision of this Article shall be
penalized with a Fine of Two Thousand Five Hundred Pesos (P2,500.00) or cancellation
of business permit.

ARTICLE P
Stickers for Single Motorcycles

Section 4P.01. Regulated Act.

Any owner or operator of single motorcycles shall be required to secure a sticker


from the Municipal Treasurer’s Office (MTO) for peace and order monitoring purposes.

Section 4P.02. Definition of Terms. As used in this Article:

a. Fee – refers to the sticker payment in the amount of One Hundred Fifty
(P150.00) Pesos collected annually from owners or operators of single
motorcycles.

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b. Person – refers to operators, drivers or owners of single motorcycles.

c. Single Motorcycle - refers to a transport vehicle with two (2) wheels


registered as a private utility vehicle in the Land Transportation Office.

d. Sticker – refers to a luminous sticker bearing the logo of the Local


Government of Maramag with a seven (7) digit number to be visibly
displayed on the single motorcycle that serves as control in the inventory of
all motorcycles in the municipality.

Section 4P.03. Administrative Provisions.

a. All owners of motorcycles shall for inventory and record purposes, submit
for listing their motorcycle registration papers, together with a clearance
from the Land Transportation Office (LTO) indicating legitimate ownership
to the Municipal Treasurer’s Office (MTO);

b. The owner or operator of single motorcycle shall be issued with a sticker


upon payment of fee in the amount of One hundred fifty (P150.00) pesos
at the MTO;

c. The sticker shall be displayed at the visible part of the motorcycle; and

d. The Local Chief Executive or his/her designee and the Municipal Treasurer’s
Office (MTO) shall be responsible in the enforcement of this Article.

Section 4P.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for seven (7)
days, or both at the discretion of the court.

ARTICLE Q
Manufacture, Use and Sale of Sky Lanterns

Section 4Q.01. Prohibited Act.

No person shall manufacture, use and sell sky lanterns within the municipality.

Section 4Q.02. Definition of Terms. As used in this Article:

a. Manufacture – refers to the making, processing, or assembling sky


lanterns from raw or semi-finished materials.

b. Person – refers to an individual, natural or juridical engaged in the


manufacture, use and sale of sky lanterns.

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c. Use – refers to discharging, releasing or igniting a sky lantern.

d. Sale – refers to the exchange of goods and products specifically Sky


Lanterns for money.

e. Sky Lanterns – refers to airborne lanterns made of paper with a wood


frame.

Section 4Q.03. Administrative Provisions.

a. No person shall manufacture, use and sell sky lanterns within the
municipality;

b. No person shall be allowed to use sky lanterns in any occasion;

c. Any person or establishment found violating this Article shall be liable for
any damages or harm instigated by accidents involving firecrackers;

d. The Local Chief Executive or his/her designated personnel in coordination


with the Local Philippine National Police, Bureau of Fire Protection (BFP) and
law enforcers shall have primary responsibility in the enforcement of this
Article and shall formulate additional rules and regulations to ensure
effective and efficient implementation.

Section 4Q.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand and Five Hundred Pesos (P2,500.00) or imprisonment for six
(6) months, or both at the discretion of the court.

ARTICLE R
Prohibitions within the Concrete Road Barriers
along Sayre National Highway

Section 4R.01. Prohibited Act.

No person shall cross, stand by, loiter or play within the concrete road barriers
(islets) along Sayre National Highway.

Section 4R.02. Definition of Terms. As used in this Article:

a. Concrete Road Barrier – refers to the concrete islet structures installed


by the Department of Public Works and Highways (DPWH) in the middle of
Sayre National Highway for beautification purposes.

b. Cross over – refers to the act of passing over or jumping over the concrete
road barriers along national highway.

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c. Loiter – refers to the act of standing or hanging around idly or without
apparent purpose.

d. Stand-by – refers to sitting and staying within the premises of the concrete
road barriers.

e. Play – refers to any activity engaged in for enjoyment and recreation rather
than a serious or practical purpose.

Section 4R.03. Administrative Provisions.

a. No person shall be allowed to cross the concrete road barriers (islets) along
Sayre National Highway;

b. No person shall be allowed to stand by within the concrete road barriers


(islets) along Sayre National Highway;

c. No person shall be allowed to loiter or play within the concrete road barriers
(islets) along Sayre National Highway;

d. The Local Chief Executive or his/her authorized personnel in coordination


with the Local Philippine National Police, Bantay Bayan and law enforcers
shall be responsible in the enforcement of this Article.

Section 4R.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand and Five Hundred Pesos (P2,500.00) or imprisonment for six
(6) months, or both at the discretion of the court.

ARTICLE S
Ban on the Use of Electronic Communication Devices
inside the Municipal Detention Cell

Section 4S.01.Prohibited Act.


No person shall bring or use mobile phones and other similar electronic
communication devices inside the premises of the Municipal Detention Cell.
Section 4S.02. Definition of Terms. As used in this Article:
a. Detention Cell – refers to the Municipal Jail, operated by the Municipal
Government or by the Bureau of Jail Management and Penology.

b. Electronic Communication Device – refers to a mobile phone, two-way


radio, pager, recorder, portable computers such as laptop and tablet, and
other communication devices used to compose, send or receive electronic
messages.

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c. Electronic Message – refers to electronic mail and text message.

d. Person – refers to the clients and visitors at the Municipal Detention Cell.

Section 4S.03. Administrative Provision.


The Officer-in-Charge of the Municipal Detention Cell shall be responsible for
the enforcement of this Article.

Section 4S.04. Penal Provision.


Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.
ARTICLE T
Deadly Weapons inside an Amusement Establishment

Section 4T.01. Prohibited Act.


No person shall bring or use deadly weapons inside any amusement
establishments within the municipality.
Section 4T.02. Definition of Terms. As used in this Article:
a. Amusement Establishment – refers to the establishment that offers
entertainment and services to the public such as, but not limited to disco
house, pub house, cocktail lounge, videoke bar, beer house, day and night
club, and night café stall.

b. Cocktail Lounge – refers to a bar, typically in a hotel or restaurant where


alcoholic drinks are served.

c. Deadly Weapon – refers to firearm, bomb, grenade and other explosives,


and pointed objects which can inflict death or serious physical injury such
as, but not limited to bolo, ax, saw, spear and knife.

d. Night Café Stall – refers to a stall operating only in a specified day of the
week which serves alcoholic beverages to customers.

e. Service – refers to the drinks, foods and other edibles offered by any
amusement establishments to its customers.

Section 4T.03. Administrative Provisions.


a. No owner or operator of any amusement establishment located in the
municipality shall allow customers to carry or use deadly weapons inside the
establishment. In the event that said operator violates the provision of this
Article, he/she shall be penalized with the same fine as imposed in this
Article;

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b. The law enforcers, in coordination with the Local Philippine National Police,
and the Barangay Officials and Barangay Tanods where an amusement
establishment is located shall be responsible for the enforcement of this
Article.
Section 4T.04. Penal Provision.
Any person who violates provision of this Article shall be fined an amount
of Two Thousand Five Hundred Pesos (P2,500.00), or imprisonment for Thirty (30)
days.
ARTICLE U
Wearing of Helmets, Bonnets, Masks and all kinds of Fabrics

Section 4U.01. Prohibited Act.

No person shall wear helmet, bonnet, mask which will hide or conceal their face
within the amenities and premises of Maramag Commercial Complex (MCC).

Section 4U.02. Definition of Terms. As used in this Article:

a. Bonnet – refers to a covering for the head and the face.

b. Helmet – refers to a protective head covering made of hard material.

c. Mask – refers to a cover for the face either for protection or disguise.

Section 4U.03. Administrative Provisions.

a. Persons with medical conditions that are required to wear mask;


b. Persons lawfully engaged in trades or employment where mask or facial
covering is worn for the purpose of ensuring the physical safety and physical
protection of the wearer;
c. Persons whose intention is to pass-by within Maramag Commercial Complex
(in compliance to RA 10054 or the “Motorcycle Helmet Act of 2009”).
However, removal of helmet, bonnet and mask is mandatory upon entering
any of the aforementioned MCC premises.
d. This shall be enforceable only within the premises of Maramag Commercial
Complex (MCC) including its amenities such as the Perimeter Stalls, Food
Court Buildings, Ukay-ukay Buildings, Dry and Wet Market, Integrated Land
Transport Terminal, and the Local Economic Enterprise Office (LEEO) and
in all kinds of business establishments located within the premises of
Maramag Commercial Complex (MCC).
e. The following officers shall enforce the provisions of this Article:
1) Local Philippine National Police
2) Law Enforcers Team
3) Stallholders of business establishments located within the premises
of MCC

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4) Other persons duly designated by the Local Chief Executive and the
Local Economic Enterprise Office Manager

SECTION 4U.04. Penal Provision.

Any person who violates any provision of this Article shall be guilty of
misdemeanor, and shall be penalized with a Fine of Two Thousand Five Hundred
Pesos (P2,500.00) or imprisonment not to exceed One (1) month or both fine and
imprisonment at the discretion of the court.

ARTICLE V
Liquor Regulation within Maramag Commercial Center (MCC)

Section 4V.01. Prohibited Act.

Any person shall be prohibited from serving and drinking liquor and other
alcoholic beverages within the Maramag Commercial Center (MCC)

Section 4V.02. Definition of Terms. As used in this Article:

e. Friday Night Café - refers to the weekly activity conducted every Friday
at the official designated area of Maramag Commercial Center, participated
by local vendors and businessmen serving food and drinks, and selling
clothing and other merchandise permitted by the Local Economic Enterprise
Management.

f. Liquor- refers to beer, malt, brandy, rhum, whiskey or any alcoholic


beverages.

g. Maramag Commercial Center (MCC) – refers to the public local


enterprise under the management and supervision of the Local Economic
Enterprise Office (LEEO) covering public local enterprises such as Perimeter
Stalls, Ukay-ukay 1 & 2, Food Court 1 & 2, and the Wet and Dry Market.

Section 4V.03. Administrative Provisions.

a. Serving and drinking of liquor and other alcoholic beverages shall be


permitted only during the conduct of the Friday Night Cafe (Night Market)
and other Municipal - sponsored activities such as, but not limited to Town
Fiesta and Araw ng Maramag;

b. Suspension or revocation of business license or permit (in case of a business


entity or establishment), if applicable; and

c. The Local Chief Executive through his designated personnel in coordination


with the Local Philippine National Police and the law enforcers shall be
empowered to promulgate rules and regulations as may be necessary to
effectively implement the provisions of this Article.

Page 38 of 166
Section 4V.04. Penal Provision.

Any person who violates this Article shall be penalized with a Fine of Two
Thousand Five Hundred Pesos (P2,500.00) or imprisonment for a period not
exceeding six (6) months, or both at the discretion of the court.

ARTICLE W
Sale and Distribution of Cigarettes and Other Tobacco Products, and
Electronic Cigarettes

Section 4W.01. Prohibited Act.

No person shall be allowed to sell and distribute cigarettes and other tobacco-
based products to include electronic cigarettes.

Section 4W.02. Definition of Terms. As used in this Article:

a. Person – refers to an individual or corporate groups engage in selling and


distributing cigarettes and other tobacco-based products to include
electronic cigarettes for public consumption.

b. Electronic Nicotine Delivery System (ENDS) – refers to any device


such as electronic cigarettes (e-cigarettes), electronic shisha (e-shisha), and
other similar devices, whether or not it is used to deliver nicotine and other
components to the user through the act of vaping, that resemble the act of
smoking or the outward appearance of smoking products.

c. Minor – refers to any person below eighteen (18) years old.

d. Person-in-charge – refers to: in case of public places, public outdoor


spaces, workplaces, and point-of-sale, the president/manager in case of a
company, corporation, partnership or association, the
owner/proprietor/operator in case of a single proprietorship, or the
administrator in case of government property, facility, office or building; in
case of public conveyances, the owner, driver, operator, conductor, or
captain of the public conveyance; in case of schools, the municipal schools
superintendent, school president, dean or principal.

e. Point-of-sale – refers to any location at which an individual can purchase


or otherwise obtain tobacco products and/or ENDS.

f. Public conveyance – refers to mode of transportation servicing the


general population, such as, but not limited to, elevators, airplanes,
jeepneys, buses, taxicabs, tricycles and other similar vehicles.

g. Public place – refers to a place, fixed or mobile, that is accessible or open


to the public or a place for collective use, regardless of ownership or right

Page 39 of 166
to access, including but not limited to, school, workplace, government
facility, establishment that provide food and drinks, accommodation,
merchandise, professional services, entertainment or other services. It also
includes outdoor space where facilities are available for the public or where
a crowd of people would gather, such as, but not limited to, playgrounds,
sports grounds or centers, church grounds, health/hospital compounds,
transportation terminals, markets, parks, resorts, walkways/sidewalks,
entrance ways, waiting areas, and the like.

h. Tobacco Product – refers to the product entirely or partly made of the


leaf tobacco as raw material which is manufactured to be used for smoking,
sucking, chewing or snuffing, such as but not limited to cigarette, cigar,
pipe, shisha/hookah and chew tobacco.

i. Workplace – refers to any place used by people during their employment


or work, whether done for compensation or voluntarily, including all
attached or associated places commonly used by the workers in the course
of their work (for example, corridors, elevators, stairwells, toilets, lobbies,
lounges). Vehicles used in the course of work are considered workplaces.

Section 4W.03. Administrative Provisions.

a. The following acts are declared unlawful and prohibited by this Article:
1) Selling or distributing tobacco products and/or ENDS to minors;
2) Ordering, instructing or compelling a minor to sell or distribute tobacco
products and/or ENDS;
3) Selling or distributing tobacco products and/or ENDS in a school, public
playground or other facility frequented by minors, offices of the
Department of Health (DOH) and attached agencies, hospitals and
health facilities, or within 100 meters from any point in the perimeter of
these places;
4) Selling of tobacco products and/or ENDS within premises of a
government facility;
5) Selling tobacco products and/or ENDS without a municipal permit to sell
tobacco products or ENDS;
6) Selling of tobacco products and/or ENDS as individual pieces or per stick,
or in tobacco product packs containing less than 20 sticks/pieces;
7) Selling tobacco products and/or ENDS removed from its original product
packaging or without the proper government-regulated and approved
health warning;
8) Selling tobacco products and/or ENDS by ambulant or street vendors,
including other mobile or temporary stalls, kiosks, stations or units;
9) Selling or distributing of sweets, snacks, toys or any other objects in the
form of tobacco products which may appeal to minors;

b. Coverage. This Article shall apply to all persons, whether natural or juridical,
whether resident or not, and in all places, found within the territorial
jurisdiction of the Municipality of Maramag, Bukidnon.

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c. Enforcement on Individuals. Members of the Local Philippine National Police
and/or persons duly deputized by the Local Chief Executive shall apprehend
and issue Citation Tickets against persons found violating this Article. They
shall forward copies of the tickets they issue violators to the Municipal
Treasurer’s Office regularly or per week. If the violator is a minor (person
below 18), he or she must be brought to the nearest Social Welfare and
Development Officer for dispensation of appropriate action, subject to RA
9344 (Juvenile Justice and Welfare Law) and/or to the school authorities at
the school where the minor is enrolled.

d. Enforcement on Public Conveyances. Members of the Local Philippine


National Police and/or persons duly deputized by the Task Force shall
inspect public conveyances during their regular hours of operation and shall
issue Citation Tickets upon discovery of any violation of this Article. They
shall forward copies of the tickets they issue violators to the Treasurer’s
Office regularly or at least once a week.

e. Enforcement on Establishments. An inspection team composed of


representatives from the Municipal Health Office, Municipal Engineer’s
Office, Permits and Licenses Office, and other members of the Task Force,
shall conduct inspections of establishments and buildings to determine their
compliance with the provisions of this Article. Regular inspection shall
thereafter be conducted at least once every month or simultaneously with
other regular inspections done by the appropriate municipal office or
department, whichever is more frequent, during normal hours of operation
of the establishment.

f. Confiscation or Removal. Tobacco products, ENDS and their


advertising/promotions paraphernalia associated with any violation of the
prohibited acts in this Article may be subject to confiscation and/or removal.

Section 4W.04. Penal Provision.

Any person who violates this Article shall be penalized with a Fine of Two
Thousand Five Hundred Pesos (P2,500.00) or imprisonment for a period not
exceeding six (6) months, or both at the discretion of the court. Suspension or
revocation of business license or permit (in case of a business entity or establishment),
if applicable.

ARTICLE X
Purchase of Cigarettes and Other Tobacco Products, and Electronic
Cigarettes

Section 4X.01. Prohibited Act.

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No minors shall be allowed to purchase cigarettes and other tobacco-based
products to include electronic cigarettes.

Section 4X.02. Definition of Terms. As used in this Article:

a. Electronic Nicotine Delivery Systems (ENDS) – refers to any device


such as electronic cigarette (e-cigarettes), electronic shisha (e-shisha), and
other similar device, whether or not it is used to deliver nicotine and other
components to the user through the act of vaping that resemble the act of
smoking or the outward appearance of smoking products.

b. Minor – refers to any person below eighteen (18) years old.

c. Person-in-charge – refers to: in case of public places, public outdoor


spaces, workplaces, and point-of-sale, the president/manager in case of a
company, corporation, partnership or association, the
owner/proprietor/operator in case of a single proprietorship, or the
administrator in case of government property, facility, office or building; in
case of public conveyances, the owner, driver, operator, conductor, or
captain of the public conveyance; in case of schools, the municipal schools
superintendent, school president, dean or principal.

d. Point-of-sale – refers to any location at which an individual can purchase


or otherwise obtain tobacco products and/or ENDS

e. Public conveyance – refers to mode of transportation servicing the


general population, such as, but not limited to, elevator, airplane, jeepney,
bus, taxicab, tricycle and other similar vehicles.

f. Public Place – refers to the place, fixed or mobile, that is accessible or


open to the public or a place for collective use, regardless of ownership or
right to access, including but not limited to, school, workplace, government
facility, establishment that provide food and drinks, accommodation,
merchandise, professional services, entertainment or other services. It also
includes outdoor space where facilities are available for the public or where
a crowd of people would gather, such as, but not limited to, playgrounds,
sports grounds or centers, church grounds, health/hospital compounds,
transportation terminals, markets, parks, resorts, walkways/sidewalks,
entrance ways, waiting areas, and the like.

g. Tobacco Product – refers to the product entirely or partly made of the


leaf tobacco as raw material which are manufactured to be used for
smoking, sucking, chewing or snuffing, such as but not limited to cigarette,
cigar, pipe, shisha/hookah and chew tobacco.

h. Workplace – refers to any place used by people during their employment


or work, whether done for compensation or voluntarily, including all
attached or associated places commonly used by the workers in the course

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of their work (for example, corridors, elevators, stairwells, toilets, lobbies,
lounges). Vehicles used in the course of work are considered workplaces.

Section 4X.03. Administrative Provisions.

a. The following acts are declared unlawful and prohibited by this Article:
1) Purchasing tobacco products and/or ENDS from minors;
2) Ordering, instructing or compelling a minor to buy tobacco products
and/or ENDS

b. Coverage. This Article shall apply to all persons, whether natural or juridical,
whether resident or not, and in all places, found within the territorial
jurisdiction of the Municipality of Maramag, Bukidnon.

c. Enforcement on Individuals. Members of the Local Philippine National Police


and/or persons duly deputized by the Local Chief Executive shall apprehend
and issue Citation Tickets against persons found violating this Article. They
shall forward copies of the tickets they issue violators to the Municipal
Treasurer’s Office regularly or per week. If the violator is a minor (person
below 18), he or she must be brought to the nearest Social Welfare and
Development Officer for dispensation of appropriate action, subject to RA
9344 (Juvenile Justice and Welfare Law) and/or to the school authorities at
the school where the minor is enrolled.

a. Enforcement on Public Conveyances. Members of the Local Philippine


National Police and/or persons duly Local Philippine National Police
deputized by the Task Force shall inspect public conveyances during their
regular hours of operation and shall issue Citation Tickets upon discovery of
any violation of this Article. They shall forward copies of the tickets they
issue violators to the Treasurer’s Office regularly or at least once a week.

d. Enforcement on Establishments. An inspection team composed of


representatives from the Municipal Health Office, Municipal Engineer’s
Office, Permits and Licenses Office, and other members of the Task Force,
shall conduct inspections of establishments and buildings to determine their
compliance with the provisions of this Article. Regular inspection shall
thereafter be conducted at least once every month or simultaneously with
other regular inspections done by the appropriate municipal office or
department, whichever is more frequent, during normal hours of operation
of the establishment.

e. Confiscation or Removal. Tobacco products, ENDS and their


advertising/promotions paraphernalia associated with any violation of the
prohibited acts in this Article may be subject to confiscation and/or removal.

f. Suspension or revocation of business license or permit (in case of a business


entity or establishment), if applicable.

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Section 4X.04. Penal Provision.

Any person who violates this Article shall be penalized with a Fine of Two
Thousand Five Hundred Pesos (P2,500.00) or imprisonment for a period not
exceeding six (6) months, or both at the discretion of the court.

ARTICLE Y
Possession, Selling, Manufacturing, Distribution and Use of Firecrackers
and Pyrotechnic Devices

Section 4Y.01. Prohibited Act.

No person and/or establishment shall possess, sell, manufacture, distribute and


use any firecrackers and pyrotechnic devices irrespective of quantities within the
territorial jurisdiction of the municipality.

Section 4Y.02. Definition of Terms. As used in this Article:

a. Firecracker – refers to explosive paper cartridge: refers to a small paper


or cardboard cylinder filled with an explosive material that makes one or
several loud noise when lit such as Baby rocket, Bawang, Small triangulo,
Pulling of strings, Paper caps, El Diablo or labintador, Judah’s belt, Sky
rocket or kwitis, and the like.

b. Pyrotechnic Device – refers to devices relating to, used in, or involving


fireworks such as Sparklers, Luces, Fountain, Jumbo (Regular or Special),
Mabuhay, Roman candle, Trompillo, Airwolf, Whistle device, Butterfly, and
the like.

Section 4Y.03. Administrative Provisions.

a. There shall be exemptions such as during special occasions where the need
to use of firecrackers become necessary, the Local Chief Executive may
issue a special permit for possession, selling, manufacturing, distribution
and use of firecrackers, provided that the possessor, seller and
manufacturer thereof is more than eighteen (18) years of age;

b. Dealers (wholesalers and retailers) and distributors shall be required to


secure Mayor’s Permit and Business Permit, and other license or permit
requirements;

c. In case of fireworks display, a safe and secluded place away from


residential, institutional, commercial areas shall be designated by the
Municipal Government through the recommendation by the Bureau of Fire
Protection;

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d. All sellers of firecrackers and pyrotechnics devices shall display their goods
on a designated areas away from residential, institutional or commercial
areas and shall provide fire extinguisher as a preventive measures;

e. All applicable provisions of Republic Act No. 7183 (An Act Regulating the
Sale, Manufacture, Distribution and Use of Firecrackers and other
Pyrotechnic Devices) shall form part of the provisions of this Article; and

f. The Local Chief Executive or its authorized representative in coordination


with the Bureau of Fire Protection, Local Philippine National Police, the law
enforcers and the Barangay Officials shall be responsible for the
enforcement of this Article.

Section 4Y.04. Penal Provision.

Any person/establishment who violates any provision of this Article shall be


penalized with a Fine of Two Thousand Five Hundred Pesos (P 2,500.00) or
imprisonment not exceeding six (6) months, or both at the discretion of the court.
ARTICLE Z
Installation, Operation and Maintenance of Telecommunication Cable and
Cable Facilities

Section 4Z.01. Regulated Act.

No person, shall install telecommunication cable and cable facilities/equipment


in their respective residential, commercial, institutional and industrial establishment
without first obtaining a TCF Permit or Electronics Permit from the Municipal
Engineering Office/Building Official.

Section 4Z.02. Definition of Terms. As used in this Article:

a. Person – refers to any private individual or firm or corporation including


any government agency or its instrumentalities.

b. Electronic – refers to the science dealing with the development and


application of devices and systems involving the flow of electrons or other
carriers of electric charge, in a vacuum, in gaseous media, in plasma, in
semiconductors, in solid-state and/or in similar devices, including, but not
limited to, applications involving optical, electromagnetic and other energy
forms when transduced or converted into electronic signals.

c. Commercial Establishment – refers to office buildings, hotels, motels,


hospitals condominiums, stores, apartments, supermarkets, schools,
studios, stadia, parking areas, memorial chapels/parks, watercraft and
aircraft used for business or profit, and any other building/s or area/s for
business purposes, where electronic or electronically-controlled machinery

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or equipment are installed and/or are being used, sold, maintained,
assembled, manufactured or operated.

d. Telecommunication Cable Facility (TCF) Permit or Electronics


Permit – refers to a written authorization granted by the Building Official
and/or municipality Engineer to an applicant allowing him to proceed with
the installation of telecommunication cable and cable facilities after plans,
specifications and other pertinent documents have been found to be in
conformity with this Article and its implementing rules, regulations and
standards.

Section 4Z.03. Administrative Provisions.

a. No Telecommunication Cable Facility (TCF) Permit or Electronics Permit shall


be issued without a plan, design and specification duly prepared, signed and
sealed by a Professional Electronics Engineer;

b. All pole user shall install its wires or attachments at the designated level of
the pole and shall observe government safety regulations, clearances, and
construction standard, to avoid any obstruction of the normal flow of traffic
or accidental contact of the lines, attachments and accessories to the
electric conductors of Electronic Company; and

c. The provisions of Republic Act No. 7832 (Anti-Electricity Company and


Transmission Lines/Materials Pilferage Act of 1994), Philippine Electric Code,
Philippines Electronics Code, Presidential Decree No. 1096 (New National
Building Code), and Republic Act No. 9292 (Electronics Engineering Law of
2004) shall form part in this Article.

Section 4Z.04. Penal Provision.

Any person or institution found violating any provision of this Article and/or its
IRR shall be penalized with a Fine of Two Thousand Five Hundred Pesos (P 2,500.00)
or imprisonment of not less than six (6) months, or both such fine and imprisonment
at the discretion of the court.

ARTICLE AA
Display of Assorted Junks

Section 4AA.01. Prohibited Act.


No person shall be allowed to display assorted junk materials and junked motor
vehicle outside of any residential, commercial and vacant lots within the jurisdiction
of this municipality.
Section 4AA.02. Definition of Terms. As used in this Article:

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a. Residential Lot – refers to land utilized by individuals and families for
private residences or dwellings.

b. Commercial Lot – refers to land intended to generate a profit either from


capital gain of rental income.

c. Vacant Lot – refers to an area of land that is not built on, usually in town
or city, sometimes one that is available to buy or rent.

d. Junked Motor Vehicle – refers to an inoperable vehicle.


Section 4AA.03. Administrative Provisions.
a. All junkyard operators shall not display assorted junks outside of their
premises;

b. Concerned individuals and institutions are not permitted to display assorted


junks and junked motor vehicle in front of their lots;

c. All person shall not allow anybody to display and park junks in front of their
territorial jurisdiction; and

d. The law enforcers in coordination with the Municipal Environment and


Natural Resources Office, Municipal Health Office, Local Philippine National
Police, Municipal Engineering Office shall enforce and monitor the
implementation of this Article.
Section 4AA.04. Penal Provision.
Any person who violates any provision of this Article shall be penalized by a fine
of Two Thousand Five Hundred Pesos (P2, 500.00), or an imprisonment for Ten days,
or both at the discretion of the court.

CHAPTER V
FAMILY, HEALTH AND SANITATION

ARTICLE A
Health Examination of Food Handlers

Section 5A.01. Regulated Act.

No person shall engage in an occupation or work in any establishment the


nature of which has something to do with the preparation of food, or foodstuffs,
whether cooked or in raw form, that are intended for public consumption without first
securing a medical certificate from the Municipal Health Office and paying the
corresponding fees imposed under existing tax ordinance.

Section 5A.02. Definition of Terms. As used in this Article:

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a. Person – refers to, but not limited to the following:
1) Food handlers and food processors;
2) Chefs, or cooks;
3) Other individuals handling raw or cooked foodstuffs for sale to the public.

b. Food Handler – refers to any person who handles, stores, prepares, serves
food, drinks or ice who comes in contact with any eating or cooking utensils
and food vending machines. To include but not limited to: cook, waitress,
baker, ambulant food vendor, and the like.

Section 5A.03. Administrative Provisions.

a. It shall be the responsibility of the Municipal Health Officer or his duly


authorized representative to conduct the required health examination and issue
corresponding Health Certificate;
b. The Municipal Health Officer in coordination with the Local Philippine National
Police shall identify and apprehend violators of this Article; and
c. The Municipal Health Officer may formulate additional implementing guidelines
for proper enforcement of this Article.

Section 5A.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) month
imprisonment, or both at the discretion of the court.

ARTICLE B
Seminar for Food Handlers

Section 5B.01. Regulated Act.

All food handlers, food establishment and boarding/lodging house operators,


and ambulant vendors shall undergo a food handlers training or seminar as required
prior to issuance of health certificate.

Section 5B.02. Definition of Terms. As used in this Article:

a. Food Establishment – refers to an establishment where foods or drinks


are manufactured, processed, stored, sold or served, including those that
are located in vessels.

b. Food Handler – refers to any person who handles, stores, prepares, serves
food, drinks or ice who comes in contact with any eating or cooking utensils
and food vending machines.

c. Operator – refers to the person directly or indirectly engaged in the above


mentioned businesses.

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d. Ambulant Vendor – refers to any person selling food stuffs like biscuits,
drinks and other food items without permanent store.

e. Sanitary Permit – refers to the certification in writing of the Municipal


Health Officer or his authorized representative.

Section 5B.03. Administrative Provisions.

a. The Local Government Unit through the Municipal Health Officer shall conduct
annually a seminar/training for food handlers, operator or owner of boarding
and lodging house; and
b. The Municipal Health Officer shall formulate additional implementing rules and
guidelines for the enforcement of this Article.

Section 5B.04. Penal Provisions.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) month
imprisonment and/or both fine and imprisonment at the discretion of the court.

ARTICLE C
Disposal of Garbage, Filth and Other Waste Matters

Section 5C.01. Regulated Act.

No person shall dispose any kind of garbage, filth, dead animals, or other waste
materials in public place and such other place not designated as garbage disposal
area.

Section 5C.02. Definition of Terms. As used in this Article:

a. Public Place – refers to any place which the public has access such as
streets, highways, parks, sidewalk, alleys, canals, esteros, rivers, and the
like.

b. Garbage – refers to trash, refuse, kitchen waste, and dead animals and
other biodegradable and non-biodegradable material waste.

c. Filth– refers to dirty matters.

d. Designated Area/Place – refers to garbage receptacles, dumpsites,


compost pit incinerators, and areas considered as Waste Disposal Area as
determined by proper authorities.

Section 5C.03. Administrative Provisions.

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a. The Municipal Health Officer in coordination with the Municipal Engineering
Office shall prepare the necessary rules and guidelines and submit the same to
the Sanggunian concern for effective and efficient implementation of this
Article;
b. The Municipal Health Office in coordination with the Local Philippine National
Police shall be responsible in the implementation of this Article; and
c. All applicable provisions of Republic Act 9003 otherwise known as “Ecological
Solid Waste Management Act” shall form part of the provisions of this Article.

Section 5C.04. Penal Provisions.

Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.

ARTICLE D
Provisions of Toilet Facility

Section 5D.01. Regulated Act.

Any person who construct building facility shall provide toilet facility.

Section 5D.02. Definition of Terms. As used in this Article:

a. Toilet Facility – refers to the type of privy such as flush and or water
shield toilets connected to: community sewer, imhoff tank, septic tank,
digester tank, and chemical tank.

b. Privy – refers to a structure that is not connected to the sewerage system


and is used for reception, disposition, and storage of feces or other excreta
from the human body.

c. Local Health Authority – refers to the Sanitary Inspector who is


responsible for the application of a prescribed health measure in a locality.

Section 5D.03. Administrative Provisions.

a. The Municipal Building Official shall refer all applications for sanitary permit to
the local health authority for checking of sanitary facilities, prior to the issuance
of the building permit;
b. Houses or buildings without an approved excreta disposal system shall be
required to construct such facilities under the supervision of the local health
officer; and
c. The Municipal Health Officer shall formulate additional implementing rules and
guidelines for effective enforcement of this Article.

Section 5D.04. Penal Provisions.

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Any person who violates provision of this Article shall be penalized with a Fine
of not more than Two Thousand Five Hundred Pesos, or an imprisonment of not more
than Six months, or both fine and imprisonment, at the discretion of the court.

ARTICLE E
Ban on Sale of Rotten or Contaminated Marine Products
Section 5E.01. Prohibited Act.

No person shall display or sell for human consumption rotten or contaminated


fish and other marine products.

Section 5E.02. Definition of Terms. As used in this Article:

a. Marine Product – includes fish, mollusk, shells, crabs, seaweed, and the
like.

b. Contaminated Marine Product – refers to fish and other marine


products caught with the use of dynamite, cyanide poisoning, and preserved
with formalin and other harmful substances.

c. Sanitary Inspector– refers to an officer employed by the municipal


government who enforces sanitary rules, laws and regulations.

Section 5E.03. Administrative Provisions.

a. The Municipal Health Officer or the Municipal Sanitary Inspector designate


shall be responsible in the implementation of this Article to include random
inspection of fish and other marine products for sale and confiscation of the
same; and

b. The Municipal Health Officer may secure the assistance of the Market
Administrator, Local Philippine National Police, and Barangay Officials in the
enforcement of this Article.

Section 5E.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or
imprisonment for Six (6) months, or both at discretion of the court.

ARTICLE F
Ban on Raising of Swine, Goat or Poultry

Section 5F.01. Prohibited Act.

No person shall raise swine, goat and poultry within the commercial center of
this municipality.

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Section 5F.02. Definition of Term. As used in this Article:

a. Commercial Center – refers to the areas where business usually occur,


and shall include market site, build up areas along the national highway and
such other place as determined by the Sanggunian.

Section 5F.03. Administrative Provision.

The Municipal Agricultural Officer, in coordination with Barangay Officials and


Local Philippine National Police, shall be responsible in the enforcement of this Article.

Section 5F.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or
imprisonment for Six (6) months or both at discretion of the court.

ARTICLE G
Rabies Control

Section 4G.01. Regulated Act.

Any person who owns an animal shall submit their pet for mandatory rabies
vaccination.

Section 4G.02. Definition of Terms. As used in this Article:

a. Animal – refers to any rabies carrier animal, domesticated or not.

b. Person – refers to the owner keeping, harboring or having charge or control


of, or permitting any animal to habitually be or remain on, or be lodged or
fed within such person’s house, yard or premises.

c. Stray Animal – refers to an animal which is lose, unrestrained, unconfined


or not under complete control of its owner or the one in possession thereof.

Section 4G.03. Administrative Provisions.

a. The Local Chief Executive of the municipality and its authorized personnel
from the Office of the Municipal Agriculture’s Office shall be responsible in
the enforcement of this Article;
b. Owners shall register their animals upon reaching the age of 3 months and
every year thereafter. Unvaccinated dogs registered after reaching the age
of 3 months and above not previously registered shall be vaccinated upon
registration;

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c. The cost of Rabies Vaccination shall be borne by the owner of the animal.
The cost of the rabies vaccine shall be determined by the
municipal/barangay council upon recommendation of the Agriculture Office
on the prevailing cost of the vaccine used;

d. Every animal 3 months of age and older should be submitted by the owner
for vaccination against rabies every year or as indicated on the
label/literature of the vaccines, but in no case should exceed 24 months.
Young dogs shall be vaccinated within 30 days after they reached 3 months
of age;

e. It shall be duty of each veterinarian, when vaccinating any dog to complete


a certificate of rabies vaccination (in duplicate) for each animal vaccinated.
The certificate shall include the following information: a) Owner’s name,
address and telephone number if any, b) Description of dog ( color, sex,
marking, age, name, species, and bred ( if any ), c) Dates of Vaccination
and vaccine expiration (if known), d) Rabies vaccination tag number, e)
Vaccine producer, f) Vaccinator’s signature, and g) Veterinarian’s license
number/vaccinators address;

f. The animal owner shall be provided with a copy of the certificate. The
veterinarian/vaccinator shall 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
animal;

g. There shall be an annual license fee for each animal raised within the
municipality of Maramag, Bukidnon the sum of Fifteen (P15.00) pesos plus
the cost of the license tag in the amount of Ten (P10.00) pesos;

h. Unregistered animals over the ages of 4 months shall be seized and


humanely destroyed under supervision of a licensed veterinarian of the
Municipal Rabies Authority;

i. The licensed veterinarian/trained vaccinator shall have the responsibility on


the termination method to be used (shooting, poisoning, carbon dioxide
anesthetic overdose rabid animal in the secured environment;

j. The licensed veterinarian/trained vaccinator, any authorized personnel,


Rabies Control Authority or a police officer may enter any land for the
purpose of seizing or destroying an animal, which is liable to be seized.
Elimination is based on the absence of an animal tag and/or a registration
or vaccination certificate;

k. The owner of the animal 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 for investigation;

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l. The owner of the animal which has bitten any person shall be responsible
for all the treatment and animal examination-related expenses incurred by
the bite victim unless the bite was inflicted by a restrained and registered
dog, or had occurred within the owner’s enclosed premises, in which care
arrangements shall be made between the owner and the bite victim; and

m. An incentive or reward shall be awarded to any person who can report and
bring stray animals for impoundment in the amount of one hundred pesos
(Php100.00) per animal.

Section 4G.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six month
or both fine and imprisonment at the discretion of the court.

ARTICLE H
Slaughter of Large Cattle and other Livestock

Section 5H.01. Prohibited Act.

No person shall slaughter large cattle and other livestock and display its meat
for sale to the public, and for food consumption, without clearance and certification
from the Municipal Livestock and Meat Inspector.

Section 5H.02. Definition of Terms. As used in this Article:

a. Large Cattle – refers to cow, horse, carabao and other animals of the
same bovine family.

b. Other Livestock – refers to pig, chicken and other poultry products.

Section 5H.03. Administrative Provisions.

a. The Municipal Health Officer in coordination with the Municipal Livestock


and Meat Inspector shall formulate additional rules and implementing
guidelines for the enforcement of this Article;
b. In the absence of the Livestock and Meat Inspector, the Municipal Sanitary
Inspector is hereby authorized to issue the required certification;
c. All livestock slaughtered for public consumption shall be done at the
Municipal Slaughterhouse.

Section 5H.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or an
imprisonment for Six (6) months, or both at discretion of the court.

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ARTICLE I
Expired Medicines and Medical Supplies

Section 5I.01. Prohibited Act.

No person shall sell expired medical commodities within the municipality.

Section 5I.02. Definition of Terms. As used in this Article:

a. Expired Medicine – refers to a kind of drugs of whatever form (e.g. syrup,


tablets) that the period advised for has come to an end.

b. Medical Supply – shall include but not limited to cosmetics, feminine


hygiene and the like.

Section 5I.03. Administrative Provision.

The Municipal Health Officer or his authorized representatives, in coordination


with the Local Philippine National Police and Barangay Officials, shall be responsible in
the implementation of this Article.

Section 5I.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or an
imprisonment for not more than Six months or both at discretion of the court.

ARTICLE J
Illegal Practice of Optometry

Section 5J.01. Regulated Act.

No person shall practice or offer to practice Optometry in this municipality


without holding a valid certificate of registration as optometrist issued by the Board of
Optometry, and a permit from the Local Chief Executive.

Section 5J.02. Definition of Terms. As used in this Article:

a. Optometry – refers to the Science and Art of examining the human eye,
analyzing the ocular function, prescribing and dispensing ophthalmic lenses,
prisms, contact lenses and their accessories and solutions, low vision aids,
and similar appliances and devices, conducting ocular exercises, vision
training, orthopedics, installing prosthetics, using authorized Diagnostic
Pharmaceutical Agents (DPA), and other preventive or corrective measures
or procedures for the aid, correction, rehabilitation or relief of the human
eye, or to attain maximum vision and comfort.

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b. Optometrist – refers to a person who has been certified by the Board of
Optometry and registered with the Professional Regulation Commission
(PRC) as being qualified to practice optometry in the Philippines.

Section 5J.03. Administrative Provisions.

a. Regularly licensed and duly registered physicians who have received post-
graduate training in diagnosis and treatment of eye diseases;
b. Public Health Workers trained and involved in the government’s blindness
prevention program may conduct only visual acuity test and visual
screening;
c. The Municipal Health Office in coordination with the Local Philippine National
Police shall be the lead agencies responsible in the apprehension and in the
filing of appropriate charges against any violators of this Article; and
d. It shall be the duty of all duly constituted officers of the law of the Municipal
Government to enforce the provision of this Article.

Section 5J.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or
imprisonment for Three (3) months, or both at discretion of the court.

ARTICLE K
Illegal Practice of Dentistry

Section 5K.01. Regulated Act.

No person shall practice or offer to practice dentistry in this municipality without


holding a valid certificate of registration as dentist issued by the Board of Dental
Examiners.

Section 5K.02. Administrative Provisions.

a. Exemptions:
i. Artisans or technicians engaged in the mechanical construction of
artificial dentures or fixtures and other devices, as long as none of the
procedure was done inside the mouth of the patient;
ii. Students of dentistry undergoing practical training under the direction
and supervision of member of the faculty who is licensed to practice
dentistry; and
iii. Registered dental hygienists serving as dentist’s assistant who may be
allowed to perform oral prophylaxis and such other procedures which
the law regulating the practice of dental hygienists may permit.
b. No person shall practice dentistry without a necessary permit from proper
authority;

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c. A dentist shall be required to indicate his professional license number and
the date of its expiration in the documents he issues or signs in connection
with the practice of his profession. He shall also display his certificate of
registration in a conspicuous area of his clinic or office;
d. The Municipal Health Office in coordination with the Local Philippine National
Police shall be responsible in the enforcement of this Article.

Section 5K.03. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or
imprisonment for Three (3) months, or both at discretion of the court.

ARTICLE L
Iodized Salt

Section 5L.01. Regulated Act.

No person shall manufacture, sell, distribute and import salt without treating
with potassium iodide.

Section 5L.02. Definition of Terms. As used in this Article:

a. Iodized Salt – refers to food grade salt treated with potassium iodide.

b. Manufacture – refers to the process of making salt mechanically or


manually.

c. Import – refers to act of bringing-in salt to the Municipality of Maramag


from external or outside source.

Section 5L.03. Administrative Provisions.

a. Only iodized salt shall be sold to the general public by the retailers and
traders;
b. All operators or owners of commercial food establishment such as
restaurants, canteens, hotels, caterers, and any other food outlets or food
manufacturers shall use iodized salt in the preparation of food;
c. The Municipal Health Officer or its authorized representatives shall conduct
periodic monitoring and inspection on the quality of salt being sold or used
in the market, or of any food establishment;
d. The Department of Trade and Industry shall regulate and monitor the
trading of iodized salt in accordance with R.A. 7581 otherwise known as the
“Price Act”; and
e. The Municipal Health Office shall conduct information and educational
campaign and shall be responsible in the enforcement of this Article.

Section 5L.04. Penal Provision.

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Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) month
imprisonment and/or both fine and imprisonment at the discretion of the court.
ARTICLE M
Funeral Parlors and Mortuaries

Section 5M.01. Prohibited Act.

No person shall construct or establish funeral parlors within the residential and
institutional zones.

Section 5M.02. Definition of Terms. As used in this Article:

a. Person – refers to an individual or corporate groups engage in funeral


services to the public.

b. Mortuary – refers to a funeral establishment with chapels, embalming


facilities and offering funeral services.

c. Funeral Parlor – refers to a funeral establishment offering funeral services


only without embalming facilities.

Section 5M.03. Administrative Provisions.

a. Funeral parlors/memorial, chapels or mortuaries shall not be allowed to be


established within residential areas;
b. No funeral establishments shall be allowed in flood prone areas;
c. Funeral parlor shall be at a minimum radial distance of Five Hundred Meters
from existing Hospitals;
d. Funeral establishment shall be at least 100 meters from any existing food
centers, restaurants, wet and dry markets, slaughter houses and food
processing centers; and
e. The Municipal Health Officer in coordination with the Municipal Engineering
Office and the Local Philippine National Police, shall be responsible in the
enforcement of this Article.

Section 5M.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) month
imprisonment and/or both fine and imprisonment at the discretion of the court.

ARTICLE N
Persons Working in Close Contact with Customers or Patron
Section 5N.01. Regulated Act.

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Any person engaged in any occupation or work in any establishment the nature
of which is having a close or direct contact with his costumer or patron shall secure a
Medical Certificate from the Municipal Health Officer or his duly authorized
representative.
Section 5N.02. Definition of Term. As used in this Article:
a. Person - refers to workers or anyone engaged into business with direct
contact with people and food like but not limited to barbers, beauticians,
hairstylists, masseurs, masseuse, entertainers (guest relations officer,
hospitality girls and the likes), employees, helpers, assistants, drivers,
bakers, ambulant vendors, industrial workers and other persons who are
engaged in similar kind of occupation.
Section 5N.03. Administrative Provisions.
a. Persons engaged into business with direct contact with people and food are
required to undergo a physical health examination annually;
b. Operators/owners of business establishment are required to submit their
employees to undergo physical health examination;
c. The Local Chief Executive in coordination with the Business Permit and
Licensing System and Municipal Health Office shall be responsible in the
enforcement of this Article;
d. The Municipal Health Office shall keep record of the medical health
examination and the copies of medical certificates issued;
e. The Municipal Health Office shall formulate rules and regulations or
implementing guidelines for proper enforcement of this Article; and
f. Failure to comply of this requirement shall be sufficient ground for
revocation of the Mayor’s Permit, if it has already been issued, or refusal to
grant the Mayor’s Permit being applied for in case the operator concerned
is applying for renewal thereof, without prejudice to the filing of the
appropriate charges in the proper court.
Section 5N.04. Penal Provision.
Any person who violates any provision of this Article shall be penalized with a
Fine of Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six
month or both fine and imprisonment at the discretion of the court and revocation of
Mayor’s permit until such time that the person has secured the requirements.

ARTICLE O
Childbirth Regulations

Section 5O.01. Regulated Act.

No woman shall give live birth at home.

Section 5O.02. Definition of Terms. As used in this Article:

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a. Birthing Facility/Center - refers to a licensed institution which facilitates
the delivery of a child at birth.

b. Midwife - refers to a licensed professional midwife trained to deliver a child.

c. Skilled Birth Attendant (SBA) - refers to a midwife, physician,


obstetrician, nurse or other health care professionals who provide basic and
emergency health care services to women and their newborns during
pregnancy, childbirth and the postpartum period.

d. Traditional Birth Attendant (TBA) or “Hilot” - refers to the person,


other than a doctor or health professional administering the delivery of a
newly born baby without the required license to practice such.

e. Traditional Home Delivery – refers to the act of delivering newborns


outside of a birthing facility (i.e. house, school, market etc.) whether
attended by a trained “hilot” or midwife.

Section 5O.03. Administrative Provisions.

a. All women are required to give birth at the hospitals, barangay health
centers, birthing facility/centers or in any other health facilities where
midwives, skilled birth attendants or doctors are available;
b. The delivery of birth at home by skilled birth attendant or traditional birth
attendant is prohibited, not falling under the exceptions under Section 3 (d)
of this Article;
c. The delivery of births by traditional birth attendant or “hilot” is strictly
prohibited;
d. Home delivery may be allowed in the following situations:

1) If the expectant mother is living in remote, isolated or disadvantaged


areas of the municipality where transport to health facilities/birthing
clinics is difficult especially when the mother is in labor;
2) During active labor earlier than expected, where no transportation
vehicle is available;
3) When the baby is delivered and there is no available transportation;
4) During active labor and the chance of baby delivered in transport vehicle
is very high;
5) Childbirth which are not on time due to accidents,;
6) Women who are victims of crimes in extreme psychological cases;
7) Provided, that if after the evaluation of the Skilled Birth Attendants
(SBA), the mother and/or the neonate requires emergency obstetric and
neonatal care services, the SBA should immediately bring the mother
and the neonate to the nearest health facility.
8) Provided further that such home delivery shall be justified by a private
or public physician that the delay in delivery will put the mother and the
baby in eminent danger;

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9) Provided furthermore, that the attending skilled birth attendant who
assisted a delivery, within twenty-four (24) hours after such delivery
shall report to the Municipal Health Office (MHO) the home delivery and
the reasons behind, duly attested by the Punong Barangay;

e. The Barangay Health Centers shall report regularly to the Punong Barangay
cases of pregnancy and shall refer the same to the Municipal Lying-in Clinic
or licensed birthing facilities for further evaluation;
f. The Barangay Health Workers (BHW) shall encourage traditional birth
attendants or “hilots” to be trained as licensed midwives;
g. The Punong Barangay shall closely monitor the incidence of traditional home
delivery and shall apprehend the violators hereto; and
h. The Local Chief Executive or his/her authorized representative shall enforce
and administer this Article in coordination with the Municipal Health Office
(MHO), Punong Barangays and Barangay Health Workers.

Section 5O.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE P
Sale of Non-Fortified Food Products and Beverages

Section 5P.01. Prohibited Act.

No person shall sell non-fortified food products and beverages within One
Hundred meter (100m) radius from public and private elementary and secondary
school boundaries in the municipality.

Section 5P.02. Definition of Terms. As used in this Article:

a. Beverage – refers to hot and cold drinks, soft drinks, soda-based drinks
and other liquid refreshments.

b. Fortification – refers to the addition of nutrients to processed food or food


products at levels above the natural state as an approach to control
micronutrient deficiency, food fortification is addition of micronutrient
deficiency in the diet to a food which is widely consumed by a specific at-
risk groups.

c. Junk food – refers to the term for food that is of no nutritional value and
often high in fat, sugar, salt and calories.

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d. Natural food – refers to foods labelled “natural” and does not contain any
artificial ingredients, coloring ingredients or chemical preservatives, and in
the case of meat and poultry, is minimally processed.

e. Sangkap Pinoy Seal Program (SPSP) – refers to a strategy to


encourage food manufacturers to fortify processed foods or food products
with essential nutrients at levels approved by the DOH. The fundamental
concept of the program is to authorize food manufacturers to use the DOH
seal of acceptance for processed foods or food products, after these
products passed a set of defined criteria. The seal is a guide used by
consumers in selecting nutritious foods.

Section 5P.03. Administrative Provisions.

a. No person shall sell non-fortified food products, junk foods and any food
that may be detrimental to children’s health and that do not bear the
Sangkap Pinoy seal within one hundred meter radius (100m) distance
from public and private school boundaries;
b. No person shall sell carbonated drinks, energy drinks, sugar-based synthetic
or artificially flavoured juices that do not bear the Sangkap Pinoy seal
within one hundred meter radius (100m) distance from public and private
school boundaries;
c. Natural nutrient- rich food like root crops, rice and corn products and other
agricultural products in native preparation, fresh fruits and vegetables,
fortified food products labelled rich in protein, energy, vitamins and minerals
with Sangkap Pinoy seal, beverages such as milk, shakes and juices
prepared from fruits and vegetables, and beverages with Sangkap Pinoy
seal shall be allowed;
d. The Local Chief Executive or his/her designated personnel in coordination
with the Municipal Nutrition Council (MNC), representative from the
Municipal Health Office (MHO) preferably the Sanitary Inspector shall have
primary responsibility to enforce this article and shall have authority to issue
citations for any violations;
e. The Local Chief Executive or his/her designee is authorized to establish
regulations or administrative procedures and to take any and all actions
reasonable and necessary to further the purpose of this article or to obtain
compliance with this article, including, but not limited to, inspecting any
vendor’s premises to ensure compliance in accordance with applicable law;
and
f. The twenty (20) Punong Barangays and School Principals assigned within
the Municipality of Maramag shall be deputized to implement this article in
their respective jurisdiction.

Section 5P.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) for each subsequent violation
or revocation of business permit.

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Article Q
Medical Examination for Persons Working in an Amusement Establishment

Section 5Q.01. Regulated Act.

Any person engage in an occupation, or work in any amusement establishments


within the Municipality of Maramag shall be required to undergo medical examination
to be conducted by the Municipal Health Officer.

Section 5Q.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that offers


entertainment and services to the public such as, but not limited to disco
house, pub house, cocktail lounge, videoke bar, beer house, day and night
club, and night café stall.

b. Guest Relation Officer (GRO) – refers to a person who entertains a


customer, especially whose nature of work is singing, dancing or sitting
together with a customer for a drink.

c. Person – refers to individuals working in an amusement establishment such


as, but not limited to Guest Relations Officer (GRO), waiter/waitress, cook,
bouncer, utility worker and security guard, etc.

Section 5Q.03. Administrative Provisions.

a. Amusement establishment owners/operators shall not employ an individual


without a Mayor’s Permit. The following documents are required for the
issuance of the said permit, viz:
1) Birth Certificate
2) Barangay Clearance
3) Medical Certificate
4) Blood Type Certificate
5) Occupational Permit
6) Police Clearance
b. Individuals cited in Section 5Q.02 (c) of this article shall be required to
undergo a mandatory physical health examination before they can be
employed, and as often as necessary;
c. The Medical Certificate fee shall be paid at the Municipal Treasurer’s Office
prior to the conduct of the physical examination;
d. The Municipal Health Officer shall keep the Medical Records of the persons
who undergo physical examination, as well as the copies of the medical
certificates issued. The Medical Certificates shall indicate the name of the
applicant, the date and the purpose for which the examination was made,
and other relevant information;

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e. The Municipal Health Officer may issue additional rules and regulations or
implementing guidelines for the proper enforcement of this article.

Section 5Q.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) month
imprisonment and/or both fine and imprisonment at the discretion of the court.

Article R
Ban on Pasturing of Animals

Section 5R.01. Prohibited Act.

No person shall pasture animals such as cows, carabaos, horses, goats and the
likes within One Hundred (100) meter radius from the sources of springs, rivers,
creeks, streams and other bodies of water used for domestic purposes.

Section 5R.02. Definition of Terms. As used in this Article:

a. Person – refers to the owner or caretaker of any domestic animals;

b. Water for Domestic Use – refers to bodies of water that are primarily
used for indoor and outdoor household purposes such as drinking, bathing,
washing clothes and dishes.

Section 5R.03. Administrative Provisions.

a. The Barangay Government, in coordination with the Barangay Tanods shall


be responsible in monitoring all bodies of water situated within their
barangay’s jurisdiction;
b. Any members of the Barangay Council or a Barangay Tanod shall report and
file appropriate charges against any violators of article to the Municipal
Environment and Natural Resources Office (MENRO), Municipal Health
Office (MHO), or the Municipal Agriculture Office (MAO);
c. The administrative fine imposed for violation of this article shall be paid at
the Municipal Treasurer’s Office (MTO).

Section 5R.04. Penal Provision.


Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) month
imprisonment and/or both fine and imprisonment at the discretion of the court.

ARTICLE S
Certificate of Clearance

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Section 5S.01. Regulated Act.

No person shall apply or renew Business Permit without a Certificate of


Clearance (COC) from the Department of Health (DOH).

Section 5S.02. Definition of Terms. As used in this Article:

a. Certificate Of Clearance (COC) – refers to a document issued by the


Department of Health (DOH) confirming that a certain body of water which
is utilized by spring resorts, is free from Schistosoma.

b. Inspection – refers to an activity conducted by the Municipal Health Office


(MHO) into the bodies of water utilized by commercial spring resorts for the
purpose of evaluating whether the water is infested with Schistosoma.

c. Person – refers to an operator of spring resorts providing services to the


general public for a fee.

d. Schistosoma (commonly known as blood-flukes) – refers to a genus of


trematodes which are parasitic flatworms responsible for a highly significant
group of infections in humans termed Schistosomiasis. These parasites live
in fresh water, such as rivers and lakes, in sub-tropical and tropical regions
of the world.

e. Schistosomiasis (also known as snail fever) – refers to an acute and


chronic tropical disease caused by parasitic worms. The parasite is
transmitted through contact with fresh water contaminated with the
parasite’s larvae called Schistosoma. Symptoms include abdominal pain,
diarrhea, bloody stool, or blood in the urine. Those who have been infected
for a long time may experience liver damage, kidney failure, infertility, or
bladder cancer. In children, it may cause poor growth and learning difficulty.

Section 5S.03. Administrative Provisions.

a. All Barangay Government within the Municipality of Maramag shall require


all commercial spring resort owners/operators to secure a Certificate of
Clearance (COC) from the Department of Health (DOH) prior to the issuance
of a Barangay Clearance;

b. The Municipal Health Office (MHO) shall be responsible for the conduct of
thorough inspection and monitoring on the bodies of water utilized by
commercial resorts within the municipality;

c. The Department of Health (DOH) shall be responsible for the issuance of a


Certificate of Clearance (COC) to commercial resorts within the municipality.
The Department of Health (DOH) shall not issue Certificate of Clearance
(COC) to applicants without an endorsement from the Municipal Health
Office (MHO);

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d. The Municipal Government of Maramag shall not issue or renew Business
Permit to any resort owners/operators without a duly attached Certificate of
Clearance (COC) from the Department of Health;

e. The Certificate of Clearance shall be valid for one (1) year, unless adverse
cases arise wherein the spring resort concerned is inevitably subjected to
another inspection and examination;

f. Resorts owners/operators shall be required to display the Certificate of


Clearance (COC) in a visible area within the resort; and

g. All bodies of water utilized by commercial resorts which are found to be


infested with Schistosoma shall be temporarily closed until a new Certificate
of Clearance (COC) is issued by the Department of Health (DOH).

Section 5S.04. Penal Provision.


Any person who violates the provisions of this article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P 2,500.00), and suspension of permit to
operate for Thirty (30) days.

ARTICLE T
Smoking Ban in Public, Private Places and Public Conveyances

Section 5T.01. Prohibited Acts.

No person shall smoke cigarettes and other tobacco-base products to include


electronic cigarettes in public, private places and public conveyances.

Section 5T.02. Definition of Terms. As used in this Article:

a. Designated Smoking Area – refers to an outdoor space, duly approved


by the Municipal Health Officer, where smoking and/or vaping, may be
allowed without violating this Article.

b. Electronic Nicotine Delivery System (ENDS) – refers to any device


such as electronic cigarettes (e-cigarettes), electronic shisha (e-shisha), and
other similar devices, whether or not it is used to deliver nicotine and other
components to the user through the act of vaping that resemble the act of
smoking or the outward appearance of smoking products.

c. Minor – refers to any person below eighteen (18) years old.

d. Person-in-charge – refers to: in case of public places, public outdoor


spaces, workplaces, and point-of-sale, the president/manager in case of a
company, corporation, partnership or association, the

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owner/proprietor/operator in case of a single proprietorship, or the
administrator in case of government property, facility, office or building; in
case of public conveyances, the owner, driver, operator, conductor, or
captain of the public conveyance; in case of schools, the municipal schools
superintendent, school president, dean or principal.

e. Public Conveyance – refers to mode of transportation servicing the


general population, such as, but not limited to, elevators, airplanes,
jeepneys, buses, taxicabs, tricycles and other similar vehicles.

f. Public Place – refers to a place, fixed or mobile, that is accessible or open


to the public or a place for collective use, regardless of ownership or right
to access, including but not limited to, school, workplace, government
facility, establishment that provides food and drinks, accommodation,
merchandise, professional services, entertainment or other services. It also
includes outdoor spaces where facilities are available for the public or where
a crowd of people would gather, such as, but not limited to, playgrounds,
sports grounds or centers, church grounds, health/hospital compounds,
transportation terminals, markets, parks, resorts, walkways/sidewalks,
entrance ways, waiting areas, and the like.

g. Private Place – refers to being covered by a roof or enclosed by one or


more walls or sides, regardless of the type of material used for the roof,
wall or sides, and regardless of whether the structure is permanent or
temporary.

h. Smoking – refers to being in possession or control of a lit tobacco product


regardless of whether the smoke is being actively inhaled or exhaled.

i. Tobacco Product – refers to product entirely or partly made of the leaf


tobacco as raw material which are manufactured to be used for smoking,
sucking, chewing or snuffing, such as but not limited to cigarette, cigar,
pipe, shisha/hookah and chew tobacco.

j. Vaping – refers to the act of inhaling and exhaling vapor produced by any
Electronic Nicotine Delivery System (ENDS) or other electronic device
whether or not it is used to deliver nicotine to the user, and mimics the act
of smoking.

k. Workplace –refers to any place used by people during their employment


or work, whether done for compensation or voluntarily, including all
attached or associated places commonly used by the workers in the course
of their work (for example, corridors, elevators, stairwells, toilets, lobbies,
lounges). Vehicles used in the course of work are considered workplaces.

Section 5T.03. Administrative Provisions.

b. The following acts are declared unlawful and prohibited by this Article:

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1) Smoking or vaping in enclosed or partially enclosed public places,
workplaces, public conveyances (whether mobile or stationary), or other
public places, except in Designated Smoking Areas;
2) For persons-in-charge to allow, abet or tolerate smoking or vaping
outside of approved Designated Smoking Area;
3) Ordering, instructing or compelling a minor to use or light up tobacco
products and/or ENDS;

c. Designated Smoking Area - shall meet the following requirements:


1) It shall be located in an open-space outside the building with no
permanent or temporary roof or walls in an outdoor area
2) It is not located in or within ten (10) meters from entrances, exits, or
any place where people pass or congregate
3) It shall not have an area larger than 10 square meters
4) Food or drinks are not served in the designated smoking area
5) No building shall have more than one designated smoking area
6) Minors shall not be allowed inside
7) The designated smoking area has the following signage highly visible
and prominently displayed:
 “Smoking Area” signage with message showing “Minors not allowed
within these premises”
 Graphic health warnings on the effects of tobacco use
8) It shall not be located in places where absolute smoking bans are in
effect, such as, but not limited to: centers of youth activity such as
playschools, preparatory schools, elementary schools, high schools,
colleges and universities, youth hostels and recreational facilities for
persons under eighteen (18) years old; elevators and stairwells;
locations in which fire hazards are present, including gas stations and
storage areas for flammable liquids, gas, explosives or combustible
materials; within the buildings and premises of public and private
hospitals, medical, dental, and optical clinics, health centers, nursing
homes, dispensaries and laboratories; food preparation areas; public
conveyances and in enclosed, partially enclosed and outdoor areas of
transport terminals that are near entrances and exits or where people
congregate; within the buildings of all government facilities and premises
of government offices, parks, plazas, playgrounds, sports and
recreational facilities, and other facilities where absolute smoking ban is
imposed under special laws, administrative and executive orders,
memorandum circulars and related policies.

d. Coverage. This Article shall apply to all persons, whether natural or juridical,
whether resident or not, and in all places, found within the territorial
jurisdiction of the Municipality of Maramag, Bukidnon.

e. Enforcement on Individuals. Members of the Local Philippine National Police


and/or persons duly deputized by the Local Chief Executive shall apprehend
and issue Citation Tickets against persons found violating this Article. They
shall forward copies of the tickets they issue violators to the Municipal

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Treasurer’s Office regularly or per week. If the violator is a minor (person
below 18), he or she must be brought to the nearest Social Welfare and
Development Officer for dispensation of appropriate action, subject to RA
9344 (Juvenile Justice and Welfare Law) and/or to the school authorities at
the school where the minor is enrolled.

f. Enforcement on Public Conveyances. Members of the Local Philippine


National Police and/or persons duly deputized by the Task Force shall
inspect public conveyances during their regular hours of operation and shall
issue Citation Tickets upon discovery of any violation of this Article. They
shall forward copies of the tickets they issue violators to the Treasurer’s
Office regularly or at least once a week.

g. Enforcement on Establishments. An inspection team composed of


representatives from the Municipal Health Office, Municipal Engineer’s
Office, Permits and Licenses Office, and other members of the Task Force,
shall conduct inspections of establishments and buildings to determine their
compliance with the provisions of this Article. Regular inspection shall
thereafter be conducted at least once every month or simultaneously with
other regular inspections done by the appropriate municipal office or
department, whichever is more frequent, during normal hours of operation
of the establishment.

h. Confiscation or Removal. Tobacco products, ENDS and their


advertising/promotions paraphernalia associated with any violation of the
prohibited acts in this Article may be subject to confiscation and/or removal.

i. Suspension or revocation of business license or permit (in case of a business


entity or establishment), if applicable.

Section 5T.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for a period
not exceeding six (6) months, or both at the discretion of the court.

ARTICLE U
Pissing Ban in Public Places

Section 5U.01. Prohibited Act.

No person shall piss, urinate or pee in any public place in this municipality,
except in appropriate places such as rest room, toilet or lavatory.

Section 5U.02. Definition of Terms. As used in this Article:

a. Piss or Pee – refers to the act of discharging urine from the bladder.

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b. Public Place – refer to roads, streets, alleys, lanes, pathways, parks,
plazas, sidewalks and parts or portion of buildings, walls or fences and such
other places which are open to the public.

Section 5U.03. Administrative Provision.

The Local Philippine National Police, Barangay Officials and any deputized
person shall apprehend violators of this Article.

Section 5U.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for a period
not exceeding six (15) days, or both at the discretion of the court.

ARTICLE V
Defecating Ban in Public Places

Section 5V.01. Prohibited Act.

No person shall defecate in any public place in this municipality, except in


appropriate place.

Section 5V.02. Definition of Terms. As used in this Article:

a. Defecate – refers to the excretion or the process of removing waste


matters from the stomach.

b. Public Place – refers to roads, streets, alleys, lanes, pathways, parks,


plazas, sidewalks and parts or portion of buildings, and such other places
which are open to the public.

c. Appropriate Place – refers restrooms and toilets, and other designated


area.

Section 5V.03. Administrative Provision.

The Local Philippine National Police, Barangay Officials, and any deputized
person shall apprehend violators of this Article.

Section 5V.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for a period
not exceeding six (15) days, or both at the discretion of the court.

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ARTICLE W
Packaging and Repacking of Food Products

SECTION 5W.01. Prohibited Act.


No person shall sell food product without proper packaging or repacking
system.
SECTION 5W.02. Definition of Terms. As used in this Article:
a. Person – refers to any person who handles, stores, prepares, serves food,
drinks or ice, or who comes in contact with any eating or cooking utensils
and food vending machines. (PD 856 Chapter III, Sanitation Code of the
Philippines).

b. Packed Food Product – refers to food products intended for human


consumption contained, wrapped, or enclosed for use in delivery or display
of that food product to purchasers.

c. Processed Food – refers to food that has undergone transformation


including but not limited to, heating and curing.

d. Repacked Food Product – refers to food products intended for human


consumption including substances which are intentionally incorporated into
the flood during its preparation like cooking oil, soy sauce, flour, vinegar,
seasoning, flavoring, preservatives, food coloring and the like, removed
from its principal container and repacked into a different container in
different volumes or kilos.

e. Sale – refers to a contract where the seller obligates himself to transfer th


ownership of and to deliver a determinate thing, while the buyer obligates
himself to pay for said thing a price certain in money or its equivalent.

f. Unlabeled – refers to the absence of any display of written, printed or


graphic matter on a food product and its immediate container.

g. Unprocessed Food – refers to food that are prepared and consumed in


their original state.
SECTION 5W.03. Administrative Provisions.
a. Exemption – All market stalls in the Municipal Public Market and other
private or public commercial establishment engaged, practicing, or offering
for sale packed/repacked food products except meat and fish covered in
Section 3B.05, Article B, Rule III of the Local Economic Enterprise Code.

b. LABELING ON PACKED/REPACKED FOOD PRODUCTS


Packed/Repacked food products shall contain the following:

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1) An indication of the product name and/or logo of the principal product
repacked into different amounts.
2) An indication of the store name, contact number, and the address of the
person or persons who packed/repacked the product.
The label must be outside the packed/repacked food products to avoid
adulteration from the chemicals of the label.
c. The Local Chief Executive or his/her designated personnel in coordination
with the Local Economic Enterprise Office, Municipal Health Office (MHO),
the 20 Punong Barangay with respect to their barangays and the Sanitation
Inspector, shall have primary responsibility for the enforcement of this
Article.
d. The Local Economic Enterprise Office in coordination with the Municipal
Health Office, Business Permit and Licensing Office, and the representative
of Department of Trade and Industry shall enforce and monitor the
implementation of this Article.
e. All applicable provision of the national laws relative thereto shall form part
of the provisions of this Article.
SECTION 5W.04. Penal Provision.
Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) and/or cancellation or
revocation of the contract of the lease and the simultaneous closure and/or padlocking
of the stall for those market stalls in the Municipal Public Market and revocation of
business permit for private commercial establishments.

ARTICLE X
Requirements in the Issuance of Marriage License

Section 5X.01. Regulated Act.

Any person who applies for a marriage license shall comply all documents as
required by the Local Civil Registrar’s Office.

Section 5X.02. Definition of Terms. As used in this Article:

a. Person – refers to an applicant for the issuance of a marriage license.

b. Marriage License – refers to the document that is executed by the public


authority that gives a couple the permission to marry.

Section 5X.03. Administrative Provisions.

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a. Family Planning Counselling. In addition to the requirements imposed under
the Family Code (EO 209 as amended by EO 227) for the issuance of
marriage license, an applicant for a marriage license is required to undergo
a Family Planning Counselling before a duly authorized Family Planning
Counselling Officer;

b. Certification from the Family Planning Counselling Officer. As a matter of


government policy, no marriage license shall be issued to the marriage
applicants, not unless the contracting parties can show a Certification to the
Municipal Civil Registrar that they have undergone a family counselling
seminar from a duly authorized family planning counselling officer; and

c. Tree Planting Certificate. Person applying for a marriage license shall be


required to plant at least Ten hills of any tree or fruit tree and the Punong
Barangay shall then issue a certification that the person applying for
marriage license have accomplished the said requirement. In case, the
person applying for a marriage license have no area available for tree
planting, the Barangay Officials shall then identify proper place as the tree-
planting site.

Section 5X.04. Penal Provision.

Any person who violates any provisions of this article shall be denied the
issuance of marriage license until such time they could comply with all the
administrative requirements.

ARTICLE Y
Drying of Clothes

Section 5Y.01. Regulated Act.

No person shall dry clothes or other household items in any public place.

Section 5Y.02. Definition of Terms. As used in this Article:

a. Public Place – refers to Public School, Plaza, Park, Public Market, and other
places open to the public including the Fences or enclosure thereof.

b. Clothes – includes but not limited to garments or wearing apparel.

c. Household Item – include but not limited to carpet, tapestries, blanket,


bed sheets, carmats, floormats and the like.

Section 5Y.03. Administrative Provision.

The Local Philippine National Police in coordination with the Barangay Officials
shall be responsible in the enforcement of this Article.

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Section 5Y.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

CHAPTER VI
TRAFFIC AND TRANSPORTATION

ARTICLE A
General Rules on Traffic and Transportation

Section 6A.01. Definition. As used in this Article:

a. Motor Vehicle – refers to any vehicle propelled by any motor engine and
using the public highways, but exempting roads rollers, trolley cars, street
sweepers, sprinkled lawn mowers, bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on public highways, and vehicles which run
only on rails or tracks and tractors trailers and tractor engines used
exclusively for agricultural products.

b. Public Utility Vehicle – refers to any vehicle offered for public use in the
streets or highways by anybody for a fee.

Section 6A.02. Restriction on the Manner of Driving.

No driver of any motor vehicle shall drive in the following manner:

1. Operating a motor vehicle without reasonable caution;


2. Cutting in and out of the traffic lane;
3. Cutting corner of blind curves;
4. Making a “U” turn on the approach or on top of a bridge or elsewhere but not
at street intersection;
5. Overtaking or passing on curves at intersections and along places where
overtaking is prohibited;
6. Coming out of side streets or driveways without precaution;
7. Racing on roads or streets;
8. Failure to stop upon entering a “Thru Street”;
9. Failure to consider proper clearance when overtaking;
10. Failure to observe right hands rule to yield the “Right of Way” at highway
intersection;
11. Driving on the wrong side of the street;
12. Backing and driving against the flow of traffic;
13. Turning from wrong lane;
14. Improper start from parked position;
15. Failure to give right of way to Police or other emergency vehicles;
16. Driving or crossing the safety island not intended for motor vehicle;

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17. Disregarding automatic signaling devices or lights or any traffic signals, signs
or markings;
18. Entering a “Do Not Enter” street;
19. Disregarding “No Left Turn” sign;
20. Passing through red light;
21. Allowing passengers in excess of seating capacity;
22. Driving without lights during hours prescribed by law;
23. Allowing passengers to ride on running board or hitch to the vehicle; and
24. Allowing passengers to ride on top of the motor vehicle.

Section 6A.03. Restrictions on Parking.

No driver shall park any motor vehicle or permit the same to remain attended
or unattended upon a highway or street in any of the following:

1. Within an intersection;
2. On a cross walk or pedestrian lane;
3. Within six meters of the intersection of curb lines;
4. Within four meters of the driveway entrance to any fire station;
5. Within four meters of a fire hydrant;
6. In-front of a public or private driveway;
7. On the roadway side of any vehicle stopped or parked at the curb or edge of
the highway;
8. Any place where official signs have been erected prohibiting parking; and
9. On either side of the designated “NO PARKING ZONES”.

Section 6A.04. Regulations in Connection with Registration.

1. No person shall drive or operate a motor vehicle with unregistered, improperly


registered or delinquent or invalid registration;
2. No person shall drive a motor vehicle without carrying with him a copy of the
vehicle’s certificate or registration and official receipt;
3. No person shall drive or operate a motor vehicle with unregistered substitute
or replacement engine, engine block or chassis; and
4. No person shall drive or operate a motor vehicle with a suspended or revoked
certificate of registration.

Section 6A.05. Regulations in Connection with Licensing or Permit.

1. No person shall drive a motor vehicle without first securing a proper license;
2. No person with invalid or delinquent driver’s license shall drive a motor vehicle;
3. No person shall drive a motor vehicle without carrying his driver’s license;
4. No person driving a motor vehicle shall fail to sign his driver’s license;
5. No person shall serve as a conductor without first securing a conductor’s
permit;
6. No persons shall serve as a conductor with an invalid, suspended or delinquent
conductor’s permit or license;

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7. No driver of a motor vehicle shall transfer, lend or otherwise allow any person
to use his driver’s license; and
8. No person shall engage, employ or hire any person to operate a motor vehicle
other than a duly licensed professional driver.

Section 6A.06. Regulations relative to Franchise.

1. No person shall employ insolent, discourteous or arrogant drivers or


conductors;
2. No driver shall refuse to convey passengers to their proper destination (trip
cutting);
3. No person driving a PUV shall refuse to render service to the public;
4. No person shall operate a PUB without issuing fare tickets;
5. No person shall use unauthorized commercial or business name or allow
another to use his commercial or business name;
6. No driver shall unduly prefer or unjustly discriminate certain passenger;
7. No driver or operator shall overcharge or undercharge fares to certain
passengers; and
8. No person shall operate a motor vehicle without carrying the certificate of public
convenience. P.A. or evidence of franchise in the motor vehicle.

Section 6A.07. Regulations Relative to Equipment’s, Parts, Accessories,


Devices and Markings of Motor Vehicles.

No person shall:

1. Drive a motor vehicle with metallic tires in any public highway;


2. Drive a motor vehicle without adequate or sufficient brakes, safety devices or
accessories;
3. Drive a motor vehicle with defective horn or signaling device;
4. Drive a motor vehicle carrying red lights that are visible forward or ahead of it;
5. Drive a motor vehicle without headlights or having defective headlights;
6. Drive a motor vehicle without taillights or having defective taillights;
7. Drive a motor vehicle without red rear lights;
8. Drive a motor vehicle without plate lights;
9. Drive a motor vehicle without brake lights;
10. Drive a motor vehicle without windshield wiper or having defective windshield
wiper;
11. Drive a motor vehicle with broken windshield;
12. Drive a motor vehicle without a muffler or silencer;
13. Drive a PUV without spare tires;
14. Drive a motor vehicle emitting excessive smoke;
15. Drive a motor vehicle with whose color and configuration are changed without
authority;
16. Drive an unsafe, unsightly or dilapidated motor vehicle;
17. Drive a truck without capacity markings plainly marked on both sides; and
18. Drive a commercial motor vehicle without a commercial or trade name and
without “NOT FOR HIRE” marking.

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Section 6A.08. Restrictions on Loading and Unloading for PUV’s.

No Driver shall:
1. Load or unload passengers within a prohibited zone;
2. Load or unload passengers in the middle of the right lane road;
3. Load or unload passengers at intersection;
4. Solicit passengers at the street corner.

Section 6A.09. Regulations in Connection with Number Plates and Stickers.

No person shall:
1. Drive or operate a motor vehicle with plates not visible, not conspicuously
displayed or firmly attached;
2. Drive or operate a motor vehicle with not sticker showing current registration;
3. Operate a motor vehicle with license plates different from body number;
4. Display commemorative plates in place of the permanent plates;
5. Use expired commemorative plates and stickers;
6. Use tampered or marked plates and stickers; and
7. Transfer a vehicle’s plates, tags or stickers to another vehicle.

Section 6A.10. Miscellaneous Provisions.

1. Driving while under the influence of liquor or narcotic drug. No person shall
drive a motor vehicle while under the influence of liquor or narcotic drug;
2. Colorum Operation. No person shall drive or operate or allow any person to
drive or operate a private motor for hire;
3. Tourist, operating a non-Philippine Registered Motor Vehicle. No foreigner shall
drive a non-Philippine registered motor vehicle without having the same
registered within Ninety days of his sojourn in the Philippines;
4. Using a Motor Vehicle in the Commission of a Crime. No person shall use or
allow any person to use his motor vehicle for a crime either as principal
accomplice or accessory;
5. Operating a Motor Vehicle without being accompanied by a Licensed Driver. No
student driver shall drive a motor vehicle without being accompanied by a
licensed driver;
6. Painting of Authorized Route for PUJ’s. No person shall drive or allow any person
to drive a motor vehicle whose authorized route is not properly painted.

Section 6A.11. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or an
imprisonment for not more than Fifteen days, or both at the discretion of the court
without prejudice to the filing of appropriate charges in a competent court.

ARTICLE B
Operation of Single Motorcycle for

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Transport of Agricultural Products

Section 6B.01. Regulated Act.

No person shall operate a single motorcycle for transport of agricultural


products without necessary permit.

Section 6B.02. Definition of Term. As used in this Article:

a. Single Motorcycle– refers to a Two-wheeled gasoline powered vehicle


fitted with backseats and carriers used to transport farm products.

Section 6B.03. Administrative Provision.

Operations of single motorcycle shall only be limited to outlying or far-flung


barangays where there is no other available means of transportation.

Section 6B.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or
imprisonment for not more than Six (6) months, or both fine and imprisonment at the
discretion of the court.

ARTICLE C
Speed Regulations

Section 6B.01. Prohibited Acts.


No person shall drive a motor vehicle on any road in this Municipality at a rate
of speed greater than what is allowed in this Code.
Section 6B.02. Definition of Terms. As used in this Article:
a. Crowded Street – refers to streets with heavy pedestrian traffic, including all
streets within one-kilometer radius of the perimeter of schools, public
transportation terminals, markets, government buildings, churches and other
places of worship, recreational places, facilities frequented by the youth, parks,
shopping malls, movie houses, hotels, restaurants, and other public places as
may be determined by the municipality. In case of linear strips of crowded
areas, the reckoning point for the five hundred (500)-meter radius shall be the
first and the last crowded public place.

b. Impoundment – refers to the act of placing a motor vehicle in a designated


impoundment or holding lot by an authorized traffic law enforcement officer.

c. Law Enforcement Officer – refers to members of the Philippine National


Police (PNP), law enforcers, and other public officers, such as barangay

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captains or barangay officials, authorized by this municipality to enforce this
Article.

d. Motor Vehicle – refers to any vehicle propelled by any power other than
muscular power using the public highways, but excepting road rollers, trolley
cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public highways, vehicles that run
only on rails or tracks, and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes. Private cars, private jeepneys, utility
mini-buses, passenger jeepneys, trucks of all kinds, motorcycles, and tricycles,
vans, electric motorcycles, and electric cars shall be considered as vehicles.

e. Municipal Street – refers to roads within the Poblacion roads that connect
to the National and Provincial Roads, and roads that provide inter-barangay
connections to major municipal infrastructure without traversing Provincial
roads, within the jurisdiction of the Municipality of Maramag, not otherwise
designated as National Roads, Provincial Roads, Barangay Roads, and Crowded
Streets.

f. Open Road – refers to an open highway with no blind curves and not closely
bordered by habitation.

g. Person – refers to a driver and/or owner operating a motor vehicle.

h. Road – refers to any public highway, street, thoroughfare, alley, boulevard,


and the like within the Municipality of Maramag.

i. Through Street – refers to a street on which the through movement of traffic


is given preference; the traffic has the right of way over vehicles entering or
crossing at intersections and other busy streets approaching intersections and
blind corners.
Section 6B.03. Administrative provisions.
a. No person shall drive a motor vehicle at a speed that is not appropriate for
the width, traffic, grades, crossing, curvatures, visibility, or other condition
of the road, as to endanger the safety of road users and their property.

b. No person shall drive a motor vehicle at a speed greater than that which
will permit the vehicle to stop within the assured clear distance ahead, in
order to prevent a road crash.

c. The lead agency may be any appropriate office tasked by the Local Chief
Executive in the implementation of traffic ordinances or any other existing
office assigned to traffic management such as the law enforcers deputized
by the Land Transportation Office” in coordination with the Land
Transportation Office and Local Philippine National Police.

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d. The following speed limits shall apply to the roads and motor vehicles
identified below, and other similar motor vehicles:
Road Roads covered Cars/Motorcycles Trucks/Buses/Tricycles
Classification (RA and similar motor and similar motor
4136) vehicles vehicles
Open Roads (National Primary Roads) 80 kph 50 kph
(ex. Highway, avenue, etc.)
(National Secondary Roads) 70 kph 50 kph
(ex. Highway from, Crossing
to, Crossing)
(National Tertiary) 60 kph 50 kph
(ex. Highway from, Crossing
to, Crossing)
Through Streets (Provincial Roads) 40 kph 30 kph
(ex. Highway from, Crossing
to, Crossing)
Crowded Streets (Barangay Roads and 20 kph 20 kph
Crowded Streets)
(ex. Street from, Crossing to,
Crossing)

Street Classification Speed limit


Cars/Motorcycles Trucks/Buses/Tricycles
and similar motor and similar motor
vehicles vehicles
Lumbo boundary to CMU Open road 80 kph 50 kph
Motorpool (Sayre Highway)
CMU Motorpool to Sugbahan sa Crowded street 20 kph 20 kph
Musuan (Sayre Highway)
Sugbahan sa Musuan to Kisanday through street 40 kph 30 kph
Creek (Sayre Highway)
Kisanday Creek to Tubigon Open road 80 kph 50 kph
Elementary School
(Sayre Highway)
Tubigon Elementary School to Crowded street 20 kph 20 kph
Rockstar Resort (Sayre Highway)
Rockstar Resort to Junction Open road 80 kph 50 kph
Sabacan (Sayre Highway)
Junction Sabacan to 200m before through street 40 kph 30 kph
PCC (Sayre Highway)
200m before PCC to Pioneer Crowded street 20 kph 20 kph
Junction (Sayre Highway)
Pioneer Junction to Municipal through street 40 kph 30 kph
Plaza (Sayre Highway)
Municipal Plaza to Jam Building Crowded street 20 kph 20 kph
(Sayre Highway)

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Jam Building to Municipal through street 40 kph 30 kph
Cemetery (Sayre Highway)
Municipal Cemetery to 200m Open road 80 kph 50 kph
before Camp-1 Elementary School
(Sayre Highway)
200m before Camp-1 Elementary Through street 40 kph 30 kph
School to Camp-1 covered court
(Sayre Highway)
200m before Camp-1 Elementary Crowded street 20 kph 20 kph
School to Camp-1 Bridge
(Sayre Highway)
Camp-1 covered court to Kiuntod Open road 80 kph 50 kph
boundary
(Sayre Highway)
NPC day care center
Camp-1 bridge to Sinangguyan Open road 80 kph 50 kph
boundary (Sayre Highway)
Petron Gas Station to Mapait Through street 40 kph 30 kph
junction (Sayre Highway)
Mapait junction to Base Camp Crowded street 20 kph 20 kph
bridge (Sayre Highway)
Base Camp bridge to Brgy. Kuya Open road 80 kph 50 kph
Boundary (Sayre Highway)

Suggestion :Tubigon ES to Raihak Dologon


e. All vehicles passing to all schools/academic institutions within the
municipality of Maramag, Bukidnon shall maintain a maximum speed limit
of 20 kph in accordance with Section 7 paragraph b of this Article.
f. The speed limits prescribed under this article shall not apply to drivers or
owners in the following circumstances, provided that these exemptions shall
not be construed to allow unnecessary fast driving or endanger the life,
health, or property of any person:
1) The driver of a motor vehicle carrying a physician or health worker who
is responding to an emergency call;
2) The driver of a hospital ambulance or emergency vehicle on the way to
and from the place of a road crash or other emergency;
3) Any driver bringing a wounded, injured, or sick person for emergency
treatment to a hospital, clinic or any other similar place;
4) The driver of a motor vehicle belonging to the Armed Forces, while in
use for official purposes in times of riot, insurrection, or invasion;
5) The driver of a motor vehicle, when he/she is in pursuit of a criminal;
6) A law enforcement officer who is trying to overtake or apprehend a
violator of traffic laws; and
7) The driver officially operating a motor vehicle of any fire department,
while responding to an emergency.

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g. A certificate of compliance with the road safety seminar and/or community
service shall be required before the offender shall be allowed to pay the
corresponding fine and retrieve his license.
h. IMPOUNDMENT – In the event that the motor vehicle involved in a speeding
violation is found to have been involved in a violation of Section 6 of this
Article for the third and subsequent offenses, the vehicle shall be impounded
for five (5) days. The driver’s license of the driver of the offending motor
vehicle shall not be released until the term of the impoundment of the motor
vehicle has been served. The offending driver shall present the offending
motor vehicle for impoundment at the (Traffic Management Center)’s
designated impoundment lot.
i. IMPRISONMENT – The (Traffic Management Center), with the assistance of
the Office of the Legal Officer shall be responsible for the filing of cases
before the (Municipal Circuit Trial Court) for the third and subsequent
violations of this Article.

Section 6B.04. Penal Provision. Maximum Penalty

OFFENSE FINE CONCURRENT PENALTY


First offense Php 500.00 Four (4) hour seminar on road safety
Second offense Php 1,000.00 Four (4) hour seminar on road safety
and three (3) hours of community
service
Third and subsequent Php 1,500.00 Impoundment of motor vehicle and
offenses imprisonment of not less than thirty
(30) days, at the discretion of the
court

ARTICLE D
Operation of Tricyle or Motorela for Hire

Section 6D.01. Regulated Act.

Any person who shall operate a motorized tricycle or motorela for hire in the
municipality shall secure a permit and pay the corresponding fees imposed under the
existing Municipal Tax Ordinance.

Section 6D.02. Definition of Terms. As used in this Article:

a. Tricycle or Motorela – refers to a transport vehicle composed of a


motorcycle fitted with a single wheel side car or a motor vehicle with a two-
wheel cab operated to provide transport service to the general public for a
fee.

b. Fee – refers to a payment made in exchange for services.

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c. Person – refers to an operator of a motorized tricycle or motorela.

Section 6D.03. Administrative Provisions.

a. Creation of the Municipal Motorela or Motorized Tricycle Franchising and


Regulatory Board (MMTFRB)

MMTFRB shall be composed of the following:

Vice-Mayor Chairman
Sangguniang Bayan Representative Vice-Chairman
Municipal Engineer Member
Chief, Licensing and Inspection Section Member
President, Tricycles and Motorkad Operators and Drivers Member
Association, if any
Municipal Planning and Development Coordinator Member
Chief of Police Member
Secretary to the Sangguniang Bayan Member

b. MMTFRB Secretariat

Secretary to the Sangguniang Bayan Chairman


Head of the Licensing and Permit Division of the Office of Co-chairman
the Local Chief Executive
Two Members as may be designated by the Local Chief Members
Executive or the Vice-Mayor

c. Powers, Duties and Functions of the MMTFRB:

1) Recommend, approve, and issue motorized tricycle or Motorela


Operator’s Permit (MTOP), after compliance of the requirements;
2) Prescribe identification numbers for every motorized tricycle or motorela
for hire;
3) Prescribe proper identification cards for motorized tricycle or motorela
operators and drivers;
4) Recommend the revocation or cancellation of the MTOP for violation
related to its operations;
5) Receive and hear any petition for fare increase before its referral and
approval by the Sangguniang Bayan; and
6) Perform such other functions and duties related to the franchising and
regulation of motorized tricycle or motorela operations as may be
authorized by the Sanggunian.

d. Quorum. Majority of all the members of MMTFRB (50% + 1) shall constitute a


“quorum” and can legally transact business.

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e. Internal Rules of Procedure. The MMTFRB shall formulate its own internal rules
and procedure including the schedule of their regular meeting and creation of
committees;
f. Operators of motorela or tricycle shall provide garbage bag or can, and should
be placed inside of their vehicle;
g. Operators of motorela or tricycle for hire shall not ply on national highway
intended for 4-wheel vehicles, except where there is no alternative route;
h. The MTOP shall be valid for one year renewable annually thereafter;
i. No motorela or tricycle for hire shall carry more passengers and goods than its
designated maximum load;
j. Operators of motorela and tricycle for hire shall employ only drivers duly
licensed by Land Transportation Office (LTO) ), who has undergone seminar
on traffic rules and regulations initiated by the Local Government of Maramag
and who has acquired Special Permit to Drive from the Office of the Local Chief
Executive;
k. Special Permit to Drive includes the Certificate of Completion of the required
seminar on traffic rules and regulations initiated by the Local Government of
Maramag;
l. No Motorela or Tricycle Operator’s Permit (MTOP) shall be granted for motorela
or tricycle unless the applicant is in possession of units with valid registration
from the LTO;
m. No MTOP shall be granted to the operators of motorela or tricycle for hire unless
the unit have been inspected by the Municipal Engineer or its authorized
representative;
n. Inspection shall include the visibility of the Special Permit to Drive inside the
unit bearing the Certificate of Completion of the seminar on traffic rules and
regulations initiated by the Local Government of Maramag;
o. There shall be collected annual franchise fee on or before the anniversary date
of the issuance of MTOP based on existing Tax Ordinance. A surcharge of 25%
shall be imposed upon failure of the permitee to pay on due date plus 2%
additional surcharge every month thereafter. There shall also be collected
MTOP fee annually for every unit and filing fee for its amendment, and there
shall be collected fee as payment for special permit to drive motorela or tricycle
imposed under existing Tax Ordinance;
p. In case of fare adjustments, fare adjustment fee shall be imposed and collected
together with the franchise fee.

Section 6D.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE E
Parking Prohibition along National and Municipal Highway

Section 6E.01. Prohibited Act.

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No person shall park truck haulers along the national highway and municipal
streets.

Section 6E.02. Definition of Terms. As used in this Article:

a. Person – refers to a driver, owner or operator of any Haulers used for


transporting agri-product and other goods and merchandise.

b. Hauler – refers to any form of mechanical conveyances used to haul goods,


agricultural products and the likes.

c. Municipal Street – refers to all streets located within Poblacion of


Maramag, Bukidnon.

Section 6E.03. Administrative Provisions.

a. The Local Chief Executive in coordination with Plant Manager of the National Power
Corporation and its Security Personnel in Coordination with the Barangay Officials
concerned and Local Police Personnel shall be responsible in the enforcement of
this Article;

b. No person shall park his hauler within 10 meters on both sides of Sayre Highway
corner Marcelo H. del Pilar street to National Power Corporation Bridge;

c. No person shall park his hauler on both side of the Sayre highway starting from the
area fronting the new municipal site in Anahawon, Maramag, Bukidnon to crossing
cemetery in South Poblacion, Maramag, Bukidnon and on both side of the Sayre
Highway corner RCPA road to RCPA road corner Sto. Niño street;

d. No person shall park his haulers on both sides in any municipal street;

e. Parking is allowed along the national highway on the shoulder of the outer lane;
provided that this will not be a traffic hazard or pose danger to the passing vehicle.
Section 6E.04. Penal Provision.
Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed
six (6) months or both fine and imprisonment at the discretion of the court.

ARTICLE F
Traffic Scheme at Maramag Commercial Center (MCC)

Section 6F.01. Regulated Act.

Any person driving a vehicle shall observe the traffic scheme at Maramag
Commercial Center complex.

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Section 6F.02. Definition of Terms. As used in this Article:

a. Maramag Commercial Center – refers to public local enterprise areas


which include Maramag Public Market area, Maramag Integrated Land
Transport Terminal area, Maramag Food Court Building areas. (Include
Perimeter Stalls)

b. Traffic – refers to the movement of vehicles along roads or route.

c. Person – refers to a driver or operator of a public utility vehicle.

Section 6F.03. Administrative Provisions.

a. Any person operating a public utility vehicle driving along Maramag


Commercial Complex (MCC) premises from North and South bound shall
take entrance at RCPA road (Petron Station) and turn left at Quezon Avenue
leading to Maramag Integrated Land Transport Terminal;

b. Any person driving a public utility vehicle coming from the West taking RCPA
road shall turn right at Quezon Avenue leading to Maramag Integrated Land
Transport Terminal;

c. Any person driving a public utility vehicle coming from the Bus Terminal
shall take exit through Del Pilar Street, turn left to Quezon Avenue, and turn
left to Toribio Coruňa Sr. Street, then turn left to Mabini Street and exit to
Sayre Highway except for motorela vehicles;

d. The herein specified road sections shall be considered for One-Way Traffic
for all Public Utility Vehicles, namely:
1. Quezon Avenue – Taking entrance from Sayre Highway to RCPA
Road corner Quezon Avenue to Maramag Bus Terminal or any point
in the Agro Commercial Center.
2. Andres Bonifacio Street – Taking entrance from Sayre Highway along
Andres Bonifacio Street to Maramag Bus Terminal for motorelas and
private vehicles.
3. Del Pilar Street – Taking entrance from corner of Quezon Avenue to
Sayre Highway for motorelas and private vehicles only.

e. There shall be no counter flow of vehicles on the streets adjoining the


“street in between Food Court Buildings and the Maramag Integrated Land
Transport Terminal” and on the “Street in the eastern portion of the
Perimeter Building commonly identified as Maramag Avenue”; and

f. The Local Chief Executive or his/her authorized personnel in coordination


with the Local Philippine National Police and the municipal traffic enforcers
shall be responsible in the enforcement of this Article.

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Section 6F.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

Suggestion: First to Third Offense


: P1,500.00
Note: Private Vehicles that standby on terminal (Alley)
: signages be installed

ARTICLE G
Traffic Regulations at San Andres Street, North Poblacion,
Maramag, Bukidnon during Milling Season

Section 6G.01. Regulated Act.

Any person operating a truck hauler shall observe the traffic regulations at San
Andres Street, North Poblacion, Maramag, Bukidnon during milling season.

Note: Del Pilar Street?

Section 6G.02. Definition of Terms. As used in this Article:

a. Person – refers to a driver or operator of a private or public utility vehicle


used for hauling or trucking any product or material.

b. San Andres – refers to a road going to Crystal Sugar Company


Incorporated located at the back of Maramag Provincial Hospital.

c. Truck hauler – refers to a vehicle used for hauling or trucking any products
or materials.
Section 6G.03. Administrative Provisions.

a. Any person operating a truck hauler passing through San Andres Street
going East shall take and occupy only the right side of San Andres Street,
North Poblacion, Maramag, Bukidnon. There shall be no overtaking except
for breakdown;

b. Any person operating a private or public utility vehicle taking East route shall
pass through San Andres Street taking the left side;

c. Any person operating a big truck hauler empty or loaded passing through
San Andres Street going to Sayre Highway shall take exit through a
barangay road beside St. Joseph Southern Bukidnon Hospital;

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d. The Local Chief Executive or his/her authorized personnel in coordination
with the Local Philippine National Police and the law enforcers shall be
responsible in the enforcement of this Article.

Section 6G.04. Penal Provision.

Any person who violates any provision of this article shall be penalized with a
fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE H
Ban on the Entry of Trucks Loaded with Heavy Cargoes

Section 6H.01. Prohibited Act.


No person driving trucks loaded with heavy cargoes shall enter along the
identified road sections within the Poblacion area of Maramag.
Section 6H.02. Definition of Terms. As used in this Article:

a. Heavy Cargo – refers to, but not limited to voluminous quantity of


sugarcane, sand and gravel, limestone, and rubber;

b. Truck – refers to a six and ten-wheeler vehicle designed to carry heavy


loads and are used to transport heavy crops, goods and materials.

Section 6H.03. Administrative Provisions.

a. The identified road sections shall be the following:

1. Junction Sayre Highway – Manuel Roxas Street


2. Junction Bonifacio Extension to San Andres Street
3. Junction Salana Street to Dionesio Micayabas Extension to Manuel Roxas
Street

b. A “No entry for trucks loaded with heavy cargoes” signboards shall be
installed in the aforementioned identified road sections; and

c. The Law Enforcers, in coordination with the Local Philippine National Police
shall be responsible for the enforcement of this Article.

Section 6H.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE I
Public Utility Vehicles Loading and Unloading Areas
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Section 6I.01. Regulated Act.

Any person operating a public utility vehicle shall observe the designated
loading and unloading areas within the national and municipal streets of Maramag.

Section 6I.02. Definition of Terms. As used in this Article:

a. Loading/Unloading Area – refers to the area or station designated by


the municipality where a vehicle-for-hire may temporarily stop or stand to
pick up and drop off passengers.

b. Loading – refers to the halting of a motor vehicle temporarily for the


purpose of and while actually engaged in boarding either freight or
passengers.

c. Unloading – refers to the standing of an occupied motor vehicle


temporarily for the purpose of and while actually engaged in alighting either
freight or passengers.

d. Park or Parking – refers to the motor vehicle is considered parked when


after a full stop on the pavement, on the shoulder of the road or in a parking
lot, the driver leaves the vehicle with the engine and ignition stopped and
hand brake on.

e. Public Utility Vehicle – refers to the shared passenger transport service


which is available for use by the public transport providing service in
exchange for any form of payment.

f. Stand or Standing – refers to the halting of a vehicle, whether occupied


or not, otherwise done for the purpose of and while actually engaged in
soliciting or waiting more passengers.

g. Turnouts – refers to the loading/unloading bays along Sayre Highway


which was established by the Department of Public Works and Highways
(DPWH);

Northbound – refers to the direction going to Cagayan de Oro City;


Southbound – refers to the direction going to Davao City;
Westbound – refers to the direction going to Wao;

Section 6I.03. Administrative Provisions.

a. Turnouts shall be established as loading and unloading areas along Sayre


Highway of the municipality. The same area shall be used solely for loading
and unloading;

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b. No person shall stop, stand or park a vehicle for any purpose or period of
time other than the expeditious loading or unloading of passengers and
freight in any place marked as loading/unloading areas for a period not to
exceed 3 three minutes;

c. Loading and unloading of products, freight and goods from delivery trucks,
vans and other vehicles shall not be done on the designated loading and
unloading zones. Instead, the said delivery trucks, vans and other vehicles
must be properly parked in appropriate parking areas or within their
compound as this activity would take more than 3 three minutes;

d. The driver of any other public utility vehicle shall not stand or park such
vehicle on any street within the Local Economic Enterprise area for the
purpose of loading and unloading passengers at any place other than the
terminal, officially designated stopping, loading and unloading area;

e. Loading and Unloading Areas for Public Utility Vehicles. - The following areas
are hereby designated as the Public Utility Vehicles loading and unloading
zones in the Municipality of Maramag, Bukidnon, to wit:

Camp 1 Barangay Hall area


Camp 1 Multi-Purpose Cooperative area
Dolores Street (Crossing Barracks)
Sayre Highway adjoining San Andres High School area
Petron Station
Sayre Highway fronting The Margarette Business Hotel area
RCPA Road (Crossing Wao)
Anahawon (FIBECO area)
Sayre Highway adjoining Maramag Municipal Hall area
Philippine Countryville College (PCC)
Sayre Highway (Crossing Kisanday)
Central Mindanao University Market
Central Mindanao University Main Gate
Central Mindanao University General Services Area

Suggestion: Include Philippine Carabao Center


CMULHS
Musuan Cemetery
RR Resort
Edlimar
MGM

f. The Local Chief Executive or his designated personnel in coordination with


Local Philippine National Police and the law enforcers shall be empowered
to promulgate such rules and regulations as may be necessary to effectively
implement the provisions of this Article.

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Section 6I.04. Penal Provision.

Any person who violates this Article outside the exemption, shall be guilty of
misdemeanor, and shall be fined with Two Thousand Five Hundred Pesos (P2,500.00)
or imprisonment not to exceed One (1) month or both fine and imprisonment at the
discretion of the court.

ARTICLE J
Uniform Body Color for all Motorelas

Section 6J.01. Regulated Act.

Any person operating a motorela/tricycle shall conform to the required color


coding as prescribed in this Article.

Section 6J.02. Definition of Terms. As used in this Article:

a. Franchise – refers to the privilege granted to motorela operators for an


authority to operate under a prescribed route or within a prescribed route.

b. Uniform Body Color – refers to the designated color for all motorelas
plying within the territorial jurisdiction of Maramag.

Section 6J.03. Administrative Provisions.

a. A color shall be selected as the official color for all motorelas plying within
the municipality, to wit:

Poblacion route - Green body with blue headboard


Poblacion – Base Camp route - Green body with white headboard
Poblacion – Camp I route - Green body with purple headboard
Poblacion – Panadtalan route - Green body with yellow headboard
Musuan, Dologon route - Green body with pink headboard

Suggestion :poblacion-panadtalan consolidate w/ poblacion route

b. The owners/operators shall be required to re-paint their vehicles according


to the prescribed color-coding for the renewal of their Franchise;

c. Representative from the Vice Mayor’s Office checks the unit prior to the
issuance of a Franchise; and a representative from the Office of the
Municipal Engineering shall inspect/evaluate the condition of the motorela
before its operation;

d. The Local Chief Executive in coordination with the Vice Mayor’s Office, the
Land Transportation Office-Maramag, Local Philippine National Police and
the law enforcers team shall have the primary responsibility for the

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enforcement of this Article and to formulate additional guidelines on the
administrative procedures necessary to carry out its provisions.

Section 6J.04. Penal Provision.

Any person who violates this Article outside the exemption, shall be guilty of
misdemeanor, and shall be penalized with a Fine of Two Thousand Five Hundred Pesos
(P2,500.00) or imprisonment not to exceed One (1) month or both fine and
imprisonment at the discretion of the court.

Suggestion: issuance of motorela permit –february

ARTICLE K
Operations of Operators/Owners of Vehicles with Green Plate

Section 6K.01. Prohibited Act.


No operators/owners of vehicles with Green Plate shall be allowed to operate
for Public Utility Purposes within the Municipality of Maramag, Bukidnon.
Section 6K.02. Definition of Terms. As used in this Article:
a. Colorum Vehicle – refers to a vehicle not registered and authorized to
operate as public utility vehicle.

b. Driver – refers to a person who drives or is in actual physical control of a


motor vehicle.

c. Owner/Operator – refers to a person who holds the legal title of a vehicle.

d. Public motor vehicle – refers to public utility vehicle or vehicle for hire.

e. Private motor vehicle – refers to motor vehicles registered under green


plate number and shall not be used for hire under any circumstance.
Section 6K.03. Administrative Provisions.
a) No owners/operators of any Private Motor Vehicles with green plates are
prohibited to operate as Public Utility Vehicles within the Municipality of
Maramag, Bukidnon;
b) No owners/operators of any Private Motor Vehicles with green plates are
prohibited to alley for passengers within the premises of the Maramag
Integrated Transport Terminal; and
c) The Local Chief Executive and his authorized personnel such as the law
enforcers team in coordination with the Local Philippine National Police and
LTO-Maramag shall be responsible for the enforcement of this Article and
shall formulate additional rules and regulations necessary to effectively
implement this Article.

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Section 6K.04. Penal Provision.
Any person caught violating any provision of this Article shall be penalized with
a Fine of Two Thousand Five Hundred Pesos (P2,500.00) and an imprisonment not to
exceed one (1) month or both at the discretion of the court and shall be recommended
for suspension of Certificate of Registration (COR) to the Land Transportation Office.

ARTICLE L
Operation of Motorized Trisicad

Section 6L.01. Prohibited Act.

No person shall operate and/or drive a motorized trisicad within the territorial
jurisdiction of the municipality.

Section 6L.02. Definition of Terms. As used in this Article:

a. Motorized Trisicad – refers to a vehicle for hire utilizing a motor engine


with 5.5 horse power; “bunlot” and the likes.
b. Person – refers to the owner, operator and/or driver who manages or
engages in motorized trisicad operation.

Section 6L.03. Administrative Provision.


The Local Chief Executive or his/her authorized representative in coordination
with the law enforcers, the twenty (20) Punong Barangays and the Barangay Tanods
of the Municipality shall be responsible for the enforcement of this article.
Section 6L.04. Penal Provision.
Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not
exceeding six (6) months or both at the discretion of the court.
Note: Open-pipe motor possible issuance of Memorandum

CHAPTER VII
AGRICULTURE

Article A
Transport of White Potato Planting Materials

Section 7A.01. Regulated Act.

No person shall transport white potato planting materials with the intention to
plant, mass propagate or multiply from any place of origin to the Municipality of
Maramag, without first securing a permit from the Local Chief Executive thru the

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recommendation of the Municipal Agriculture Officer and paying the corresponding
permit fee imposed under the existing tax ordinance.

Section 7A.02. Definition of Terms. As used in this Article:

a. Plant Health Certificate – refers to the Certification issued by the Chief of


the Plant Quarantine Service Bureau of Plant Industry of his duly authorized
representative regarding the origin and health status of the planting materials.

b. Certified Planting Materials – refers to the certified seed tubers from


registered seed growers duly accredited by the Bureau of Plant Industry Seed
Quality Control Services and declared as clinically diseased – free planting
materials first for mass propagation and multiplication.

Section 7A.03. Administrative Provisions.

a. Any person desiring to transport white potato planting materials for planting
and propagation purposes shall first present the Plant Health Certificate issued
by the Plant Quarantine Services, Bureau of Plant Industry to the Municipal
Agriculture Officer;
b. The Municipal Agriculture Officer shall examine and determine the authenticity
of any certified planting materials duly accredited by the Bureau of Plant
Industry Seed Quality Control Services; and
c. The Local Chief Executive without the written recommendation of the Municipal
Agriculture Officer shall not issue permit. Only those certified planting materials
with Plant Health Certificate shall be favorably recommended by the Municipal
Agriculture Officer to the Local Chief Executive for issuance of such permit.

Section 7A.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00) or an
imprisonment of six (6) months, or both at the discretion of the court, and confiscation
of the White Potato Planting Materials.

ARTICLE B
Fishing on Municipal Waters

Section 7B.01. Regulated Act.

No person shall engage in fishing or catching of aquatic products in any of the


municipal waters within this municipality without a permit from the Local Chief
Executive and payment of the corresponding fees imposed under existing tax
ordinance.

Section 7B.02. Definition of Terms. As used in this Article:

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a. Municipal Waters – refers to lakes, streams, creeks, ponds, rivers, brooks,
swamps, and other bodies of water now existing, or which may thereafter
exist.

b. Fishing Gears – refers to Scope net “Sapyaw”, cast net “laya”, gill net
“pukot”, hook and line “bingwit”, fish trap “bobo”, and those allowed by law.
Section 7B.03. Administrative Provisions.
a. Only fishing gadgets duly authorized under existing laws shall be allowed;

b. No fish or gill net shall be used in catching fish, with a mesh less than Four
to Five mesh;

c. The license shall comply with all existing laws, orders, rules and regulations
governing fishing;

d. Permit or license issued by the Local Chief Executive shall be renewable


annually;

e. No person shall use any explosive, electrical instrument, toxic substance and
other destructive fishing devices;

f. Habitual violations in this article shall be ground for cancellation of permit


and confiscation of the fishing instruments of whatever kind. In case of
electrical gadget the same shall be confiscated immediately by the
apprehending officer or any designated person by competent authority;

g. The Municipal Agriculture Officer, or designated Municipal Fish Warden in


coordination with the Barangay Officials, Local Philippine National Police
shall be responsible in the implementation of this Article; and

h. The Municipal Agriculture Officer may promulgate and recommend to the


Sanggunian concerned additional rules and regulations or implementing
guidelines for effective enforcement of this article.

Section 7B.04. Penal Provision.

Any person who violates any provision of this article shall be penalized with a
Fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or an
imprisonment for Five days, or both at the discretion of the court, without prejudice
to the imposition of additional penalty under existing law.

ARTICLE C
Irrigation Systems

Section 7C.01. Prohibited Act.

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No person shall perform any illegal act that is detrimental to the operations of
existing irrigation system whether communal or national within the Municipality of
Maramag.

Section 7C.02. Definition of Terms. As used in this Article:

a. Person – refers to individual person and juridical personality.

b. Illegal Act – refers to the following:

1) Construction of dam, dike, fishing gadgets, and other similar activities


causing obstruction on the flow of water along or portion of the
irrigation canal;

2) Wallowing of Carabao and other animals;

3) Construction of Turn-out without permission from concerned


authorities;

4) Destruction or thief of steel gates and other portable structures; and

5) Destruction or damage of any portion of irrigation service roads and


feeder roads.

c. Existing Irrigation System – refers to structures that are and maintained


by NIA or by any irrigators association.

d. Communal Irrigation System – refers to structures that are constructed


by NIA; and its operation and maintenance were turned-over to irrigator’s
association.

e. Turn-out – refers to a structure built where farm ditches branched out


from a canal, and regulates or controls flow of water.

f. Dike – refers to a mound of earth or stone defending lowlands during


flooding.

g. Dam – refers to a barrier built to confine a flow of water in the irrigation


canal.

Section 7C.03. Administrative Provisions.

a. The Municipal Engineer in coordination with the Local Philippine National


Police, Barangay Officials, Officers of Irrigator’s Association and NIA
irrigation superintendent shall be responsible in the enforcement of this
article; and

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b. The Municipal Engineer together with the NIA irrigation superintendent may
promulgate additional rules and implementing guidelines for the effective
enforcement of this article.

Suggestion: Deputization of security guards at CMU

Section 7C.04. Penalty.

Any person who violates any provision of this article shall be penalized with a
of not more than Two Thousand Five Hundred Pesos (P2,500.00), or an imprisonment
for not more than one month, or both at the discretion of the court.

ARTICLE D
Backyard Poultry Raising

Section 7D.01. Regulated Act.

No person shall establish and maintain a backyard poultry of more than 20


heads.

Section 7D.02. Definition of Terms. As used in this Article:

a. Poultry – refers to the process of raising domesticated birds such


as chickens, ducks, turkeys and geese for the purpose of farming
meat or eggs for food.

b. Person – refers to individual person and juridical personality.

Section 7D.03. Administrative Provisions.

a. The backyard poultry facilities shall be maintained clean, free from


obnoxious odor and sanitary by the owner at all times;

b. Backyard poultry raisers shall observe the maximum number of twenty


heads in Poblacion and built-up areas; (rural areas only, maximum of 500
heads)

c. No backyard poultry raising shall be done within fifty meters away from any
food establishment; (25 meters from ground water)

d. The Municipal Health Officer or his duly authorized representatives shall


conduct periodic inspection to ensure compliance of backyard poultry raisers
on provisions of this article, and recommend for the closure of such
backyard poultry found to be a health hazard and nuisance to
neighborhood; and

e. The Municipal Agriculture Office shall prescribe standards about backyard


poultry raising.

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Section 7D.03. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00), or an imprisonment for five
days, or both at the discretion of the court.

ARTICLE E
Backyard Hog Raising

Section 7E.01. Regulated Act.

Any person who establish and maintain backyard hog raising shall not be more
than 1 sow and 10 litters.

Section 7E.02. Definition of Terms. As used in this Article:

a. Backyard Hog Raising – refers to the raising and breeding of domestic


pigs in backyard farms as livestock.
b. Person – refers to individual person and juridical personality.

Section 7E.03. Administrative Provisions.

a. The backyard piggery shall be maintained clean and sanitary by the owner
at all times;

b. Backyard piggery raisers shall observe the maximum number of 1 sow and
10 heads or less;

c. No backyard piggery shall be constructed within fifty meters from any food
establishment, established commercial, institutional and residential areas;

d. There shall be a defined system of waste disposal pursuant to the provisions


of Presidential Decree Number 856 (Sanitation Code) and pertinent rules
and regulations of the National Pollution Control Commission;

e. Septic tank shall be provided for piggery waste by the owner;

f. Piggery waste shall not be disposed to any natural and man-made drainage
system;

g. The Municipal Health Officer or his duly authorized representatives shall


conduct periodic inspection to ensure compliance of backyard swine raisers
on provisions of this article, and recommended for the closure of such
backyard piggery found to be a health hazard and nuisance to
neighborhood; and

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h. The Municipal Agriculture Office shall prescribe standards on backyard hog
raising.

Section 7E.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

Note: Subject for further review

ARTICLE F
Commercial Piggery and Poultry Farms

Section 7F.01. Regulated Act.

No person shall establish commercial piggery and poultry farms without a


permit from the Local Chief Executive.

Section 7F.02. Definition of Terms. As used in this Article:

a. Piggery Farm – refers to any parcel of land devoted to the raising or


breeding of pigs or swine, generally under the management of a tenant or
owner.

b. Poultry Farm – refers to a plot land devoted to the raising of domesticated


fowls which serves as a source of eggs and meat for human consumption.
It includes chicken, ducks, geese, pigeons and other birds.

c. Person – refers to individual person and juridical personality.

d. Major Roads – refers to any municipal or provincial roads that link


Provincial and Town Centers and serving as the main transportation arteries.

Section 7F.03. Administrative Provisions.

a. Piggery or poultry farm site shall preferably be located in rural areas or in


duly designated agri-business areas. The piggery or poultry farm shall be at
least three (3) kilometer distance from established residential, commercial
area, tourist spots, parks and resorts, source of potable water supply, and
existing piggery or poultry farm, and major roads and highways;

b. Drainage and sewerage system shall be constructed or provided pursuant


to the provisions of Presidential Decree 856 (Sanitation Code) and pertinent
rules and regulations of the National Pollution Control Commission;

c. The owner or operator of any piggery or poultry farm is required to plant


trees around the vicinity to serve as a buffer zone;

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d. An Environment Clearance Certificate (ECC) from the Department of
Environment and Natural Resources (DENR) shall be required from the
applicant or operator as a basic document by the Municipal Government in
the processing of a permit to operate a commercial piggery or poultry farm;
and

e. Subsequent violations of any provision of this article shall be a ground for


cancellation of a permit.

Section 7F.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE G
Buffer Zone Requirement

Section 7G.01. Regulated Act.

Any person who operates a commercial crop plantation shall establish a buffer
zone before being issued permit by the municipal government.

Section 7G.02. Definition of Terms. As used in this Article:

a. Buffer Zone – refers to, but not limited to lot boundaries, unplanted areas,
and bare lots provided for, in order to prevent something else from being
harmed, by the management of any plantation.

b. Plantation – refers to, but not limited to banana, pineapple and any other
plantation.

Section 7G.03. Administrative Provisions.

a. Owner or manager of any plantation shall provide buffer or safety against


any pesticide drift coming from within or from the outside and adequate
vegetation shall be maintained on these areas with keen attention given to
boundaries adjacent to other crop plantation;

b. Lot boundaries, or bare fields within any plantation shall be planted with
perennial trees;

c. Communities or cluster of households shall not be allowed within the buffer


area and within the plantation site;

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d. The Municipal Health Officer and the Municipal Agricultural Officer or their
authorized representatives shall conduct periodic monitoring in any
plantation in order to ensure compliance of the provision of this article; and

e. The Local Philippine National Police in coordination with the Barangay


Officials shall be responsible in the enforcement of this Article.

Section 7G.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

Note: Big agro-industries who perform cloud busting activities


: Research

CHAPTER VIII
NATURAL RESOURCES AND
ENVIRONMENTAL MANAGEMENT

ARTICLE A
Regulations for the Protection of Planted Trees

Section 8A.01. Prohibited Act.


No person shall cause damages to all planted trees in public and private areas.
Section 8A.02. Definition of Terms. As used in this Article:
a. Public Place – refers to a place that is generally open and accessible to
people.

b. Private Place – refers to a place that is exclusively used by one or more


individuals for a private gathering or other personal purpose.

c. Live Trees – refers to a woody perennial plant, typically having a single


stem or trunk growing to a considerable height and bearing branches at
some distance from the ground.
Section 8A.03. Administrative Provisions.
a. It shall be the duty and responsibility of every concerned citizen to protect
planted trees within the areas identified in this article;
b. The Local Philippine National Police in coordination with the Community and
Natural Resources Officer and the Barangay Officials, shall be responsible in
the enforcement of this article;
c. There shall be regulations to protect all planted trees in public or private
areas, namely:

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1) No person shall cut live trees in any public or private places within the
jurisdiction of the municipality without securing cutting permit and
certification from the Department of Environment and Natural Resources
(DENR) and clearance from the Municipal Environment and Natural
Resources Office;
2) No person shall burn live trees in forested areas, public or private places
within the jurisdiction of the municipality;
3) No person shall use sharp objects, nail or damage live trees in any public
or private places within the jurisdiction of the municipality;
4) No person shall hang streamers, banners, political ads and other
advertising material on live trees in any public or private places within
the jurisdiction of the municipality;
5) No person shall paste or post political ads on live trees in any public or
private places within the jurisdiction of the municipality.
Section 8A.04. Penal Provision.
Any person who violates any provision of this Article shall be punished by a fine
of Two Thousand Five Hundred Pesos (P2, 500.00), or an imprisonment for Ten (10)
days, or both at the discretion of the court.

ARTICLE B
Solid Waste Management

Section 8B.01. Regulated Act.

All persons shall be required to adopt and practice the ecological solid waste
management in their homes and or business establishments and institutions.

Section 8B.02. Definition of Terms. As used in this Article:

a. Person – refers to individual person, or juridical personality.

b. Biodegradable – refers to any material that can be reduced into finer


particles (degraded or decomposed) by microbiological organisms or
enzymes (synonyms with compostable);

c. Biogas Digester – refers to the “poso negro” Taiwan type or the above-
ground portable Valderia model. Biogas is a mixture of methane, carbon
dioxide, and traces of inert gases produced by the fermentation of animal
manure or organic waste in an airtight digester chubbier;

d. Compost – refers to the decayed organic material for use as soil conditioner
or fertilizer;

e. Composting – refers to the biological degradation under controlled


conditions; the process of making biodegradables such as food waste,

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garden waste, animal waste, human waste, into compost by mixing them
with soil, water, biological additives/activators (optional), and air;

f. Domestic Waste – refers to the refuse from households, as distinguished


from industrial waste, agriculture waste, hospital waste, etc. which may be
classified as biodegradable (compostable) or non-biodegradable (non-
compostable);

g. Enzymes – refers to the protein produced by cells, with substances to


initiate or accelerate chemical reactions in plants or animal matter, acting
like an organic catalyst;

h. Factory Returnable – refers to non-biodegradable, non-compostable such


as tin cans and metals, bottles and glasses, including broken pieces, and
plastic Styrofoam, rubber, dry paper, dry cardboard, dry cloth, fibers,
leather, feather, hard shells, hard bones, etc., which are segregated in
separate containers or placed in one sack (cans, bottles, containers) already
rinsed and are sold or given away to collectors;

i. Food Materials – refers to the food wastes, peelings, vegie trims, fish
entrails, fowl innards, spoiled fruits leftovers, eggshells, rice, fish, meat,
washings, etc. that should be collected and kept in covered containers as
hog, chicken, duck, pets, or fish feeds;

j. Fermentable – refers to fruit peelings, spoiled or over-ripe fruits, juices,


e.g. buko juice, etc. are made into vinegar, wine or “nata de coco”, “nata
de peña”, etc.;

k. Fertilizer Materials – refers to compostable or biodegradables such as


garden waste (leaves, twigs, weeds), animal waste (manure, carcasses),
human waste (feces, urine, blood), all excreta, solid wipes, pads, diapers
without the plastic portions, etc., are made into compost for organic
gardening;

l. Filing Materials – maybe compacted, and mixed with riche chaff and
“binders” for appropriate construction projects;

m. Fine Crafts – refers to non-biodegradables which could be used as


materials for handicrafts, cottage industries, art works, toys and other
livelihood projects such as paper mach, paper basketry, tin craft, metal
craft, plastic twine or rope braids, feather crafts, wooden crafts, even “lahar
crafts”, Styrofoam melted in a small amount of gasoline solvent provided
cheap glue of “ binder” for many of the projects;

n. Food Material – includes certain kinds of seeds, pulp, peelings that are
made into picles, “sweets” or candies, or snacks;

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o. Functional Facilities or Equipment – refers to equipment or facilities
devised or created for discards, throwaways, junks, scraps, e.g. chairs,
tables, doormats, play equipment from rubber tires, roofing from milk cans,
flower pots, “planters” from plastic bags, sacks, containers, etc.;

p. Green Charcoal – refers to another form of fuel or grass charcoal,


manufactured from compostable, organize, cellulotic material with the use
of enzymes to break down the lignin or binding materials, after which it is
molded and dried then used on charcoal-fed stoves;

q. Hazardous Wastes – refers to special types of wastes containing


chemical, biological, and radiological elements which are harmful to human
health;

r. Incineration – refers to the controlled process by which combustible


wastes are burned and changed into gases and residues that contain little
or no combustible materials;

s. Landfill Lechate – refers to the downward seeping of water through the


landfill carrying with it the dissolved water-soluble contents of the waste
which may be collected by the underground drainage of water system;

t. Putrescible – refers to a substance that decomposes at a certain


temperature in contact with air and moisture generally containing nitrogen;

u. Recycling – refers to the reuse, retrieval, re-commission of element or


matter for any and all purposes necessary to healthful and productive living;
the process by which waste materials are transformed into new products in
such a manner that the original products may lose their identity;

v. Resource Recovery – refers to the extraction of materials or energy from


wastes;

w. Solid Waste – refers to anything that is thrown away, such as garbage,


rubbish, trash, litter, junk and refuse from any source (homes, businesses,
farms, industries, or institutions); discarded material with insufficient liquid
content to flow. Examples are those non-liquid, wastes resulting from
domestic, commercial, agricultural and industrial activities which can be
divided into several components, under two broad categories:

 Bio-degradable-compostable-Putrescible. There are four (4)


groups of wastes under this category such as: a) food (cooking) waste
or kitchen waste: peelings, leftovers, vegetables trims, fish, fowl, meat,
animal entrails, innards, cleanings, soft shells, seeds, etc., b) agricultural
(garden) waste: leaves, flowers, twigs, branches, stems, roots,
trimmings, weeds, seeds, inedible fruits, etc., c) animal waste: manure,
urine, carcasses, etc., d) human waste: excreta, soiled pads, sanitary
napkins, etc., and

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 Non-biodegradable-compostable-Putrescible. There are ten (10)
groups of wastes under this category: a) metals: tin cans aluminum,
iron, lead, copper, silver, etc., b) glasses: bottles, cullets (broken glass),
sheets (shards), minors, bulbs, etc., c) plastics: polyethylene (bags),
polyethylene (straws, jute, sacks, containers), polyurethane (foam
mattresses), polystyrene (Styrofoam), polyvinyl (tubes, pipes, linoleum),
polyacetate (fibers, cloth, rayon), etc., d) rubber (natural and synthetic):
tires, goods, etc., e) papers: dry papers, cardboard, etc., f) dry
processed fibers: cloth, twine, etc., g) hard shells; h) bones; and i) rocks;

x. Solid Waste Management – refers to the purposeful and systematic


control of the generation, storage, collection, transportation, separation,
processing, recycling, recovery, and final disposal of solid waste;

y. Sorting at Source – refers to the segregation or separation of wastes at


the point of generation or at the very place where they are produced, into
biodegradable and non-biodegradable;

z. Recycling of Domestic Waste – refers to the full utilization of domestic


wastes into factory-returnable (around 50-60%), feeds (about 20%),
fertilizer (About 30%), fuels fine crafts, fermentable, etc. with little left for
filling material. (Proportions may vary with the kind of community; the more
affluent, the more factory returnable). These include man-devised and
nature-designed recycling; and

aa. Zero Waste Resource Management System – refers to an ecological


method of handling wastes that do not degrade the environment nor pollute
air, water, and soil, and facilitates their sanitary retrieval, reuse or recycling.

Section 8B.03. Waste Generation and Storage

In Residential areas:

a. The concerned residents shall ensure that the generated solid wastes shall
be properly segregated in three (3) enclosed containers for recyclable,
leftovers, compostable and others. The leftovers or kitchen refuse shall
either be directly given to the animal as feeds or stored temporarily for
composting or biogas production;

b. Residents shall choose proper containers such as cans, sacks, bags, bins,
etc. that will facilitate sanitary, efficient handling storage, collection,
transport or disposal at the least cost. Food waste shall be placed in covered
cans or pails. Garden and human waste in sacks, cans and bags, and the
non-compostable in either sacks, bags or boxes;

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c. Public thoroughfares and grounds in front or in the vicinity of residential
houses shall be kept clean and tidy by the owner or lessee of the houses or
buildings at all times;

d. Trees, shrubs and other vegetation within the vicinity or residence shall be
regularly cared for and maintained to minimize generated wastes, yard
wastes and unpleasant sights; and

e. Every building intended or used for dwelling or for commercial purposes


shall have a sanitary water-sealed toilet with sanitary septic tank for the use
of building occupants;

In Commercial areas:

a. Storage containers for segregated commercial wastes shall be communal or


individual with cover depending on the location and transport process;

b. The enclosed communal receptacle possibly on wheels shall be located


along the collection route where the generated wastes shall be brought and
stored by the stall lessee;

c. The lobby and fronting sidewalks or immediate grounds for commercial


establishments shall be maintained clean and presentable by the owners,
operator, or lessee of the establishments, e.g. shops, stalls, stores,
restaurants, eateries, carenderias, barber shops, beauty parlors,
recreational and entertainment facilities like theaters, billiard halls, folk
houses, beer gardens, discos, cocktail lounges, dancing halls, cabarets,
bistros, etc.; and

d. The fronting sidewalks and immediate areas of stalls and open spaces of
markets shall be kept and orderly by the lessee of said stalls or spaces at all
times.

Waste Storage in Institutional or Industrial Areas

a. The head of any institutional or industrial firm shall ensure the proper and
hygienic storage of generated and segregated wastes in receptacles or
containers which shall be situated along collection routes;

b. Hazardous wastes shall be stored safely in good, durable, and duly covered
receptacles which should be located in a secured and distant site, prior to
final collection and disposal;

c. The head of any institutional or industrial firm or establishment shall ensure


the cleanliness and orderliness of its facilities, yards, and its fronting
sidewalks and streets;

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d. Hazardous wastes (chemical, biological, and radioactive substances) shall
be stored, collected and transported, and disposed of in accordance with
applicable laws, guidelines, rules and regulations of the Environment
Management Bureau (EMB-DENR), Department of Health (DOH), and the
Philippine Nuclear Research and Institute (PNRI); and

e. Homogenous agricultural wastes, i.e., rice straws, corncobs, leaves, animal


manure, etc., and shall be properly stockpiled or stored by the concerned
farmer.

Section 9B.03 Waste Processing and Resource Recovery

In Residential areas:

a. Segregated recyclables shall be properly stored before collection. These


recyclables shall be collected separately and brought to recycling centers,
eco-centers or junk dealers;

b. Local Waste Managers shall be designated in every barangay who shall


oversee the collection of recyclable and shall be responsible in coordinating
with accredited dealers or manufacturers of recycles projects;

c. Food and kitchen refuse shall be collected as fodder or feeds for animals.
Those portions that are not suitable as fodder shall be decomposed; and

d. Residents shall avoid open burning, dumping and recycling, practicing the
F’s scheme (feeds, fermentables, food and fuel). Fuel material from house
hold waste consist of two kinds: i) firewood materials, such as twigs,
branches, leaves, husks, shells, cobs, chaff, saw dust, wood shavings, soiled
papers, bagasse, stalks, etc.; and ii) flammable gas produced by anaerobic
decomposition of all biomas or biodegradable materials in biogas digester.

In Commercial areas:

a. Segregation of wastes from commercial areas (shopping malls, restaurants,


commercial complexes, recreational centers, etc.) shall be mandatory before
the issuance, or renewal of business permits;

b. Markets or agoras shall adopt a segregation scheme that will facilitate the
segregation of recyclables, food and vegetable waste, non-recyclables, etc.;
and

c. Food wastes from commercial centers, e.g. food centers, restaurants,


canteens, etc. shall be collected as fodder or animal feeds and shall not be
disposed to sewers.

In Industrial or Institutional Establishments;

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a. Segregation of biodegradable or compostable and non-biodegradable or
non-compostable wastes shall be performed to avoid foul odors and
proliferation of flies;

b. Schools, both private and public, shall adopt appropriate resource recovery
and recycling strategies; and

c. Hazardous wastes shall be incinerated only after getting proper assistance


or guidance from concerned agencies.

Agricultural Wastes e.g. rice straws, corncobs, etc. shall not be burned but
shall be stockpiled in a proper location and composted. Animal manure can also
be composted or used for biogas production.

Section 9B.04 Collection and transportation of solid wastes.

In Residential areas:

a. The concerned resident shall ensure that the solid waste are brought out in
front of his gate or door and along the collection route of the collection
vehicle or cart, during the collection period;

b. The concerned resident shall report to the Office of the Municipal Health
Officer or concerned official for any uncollected solid waste within their
vicinity of the residence;

c. Garbage not segregated and placed in approved containers shall not be


collected and shall be treated as disposed of in violation of the anti-littering
provision of article and the person liable shall be penalized accordingly; and

d. The specific date and hour of garbage collection in particular locations shall
be scheduled and announced.

In Commercial areas:

a. The owner, operator or lessee of any enterprise shall be responsible for the
timely positioning of stored solid wastes during the collection period which
shall be made known in advance by the proper authorities which shall
likewise assist, wherever necessary, in the sanitary means of loading wastes
for collection purposes; and

b. The person concerned shall remind the Environmental Sanitation Unit of the
Municipal Health Officer in the collection of uncollected solid wastes and
other related matters.

In Industrial areas:

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a. The head of any institutional or industrial establishment shall assist the
Municipal Government in the orderly and sanitary way of collecting and
transporting solid wastes;

b. The collection and transportation of any hazardous wastes, if necessary,


shall be duly coordinated with the government agencies concerned with
such type or types of wastes;

c. Hazardous wastes shall be incinerated only after getting the proper


assistance or guidance from concerned government agencies; and

d. Other hazardous wastes shall be disposed of in accordance with the laws,


rules and regulations and guidelines of the concerned national agencies like
Environmental Management Bureau (EMB-DENR), Department of Health
(DOH) and the Philippine Nuclear Research and Institute (PNRI).

Section 8B. 03. Administrative Provisions.

a. Commercial and industrial establishments shall be charged an annual fee


to supplement other sources of revenues for the operations and
maintenance of the Solid Waste Management System of the
municipality, Residential units shall likewise pay an annual garbage fee
of Fifty Pesos (P 50.00), payable monthly;
b. Any person who violates any provision of this article shall be punished
by a fine of not less than Two Hundred Fifty Pesos (P 250.00) or not
more than One Thousand Pesos (P 1,000.00) or by imprisonment of not
less than seven (7) days or not more than three (3) months or both fine
and imprisonment at the discretion of the court, without prejudice to the
imposition of a higher penalty under any other law or decree such as
indicated in the second paragraph of Section 2 of PD 825 (Anti-Littering)
which states “If the violator is a corporation, firm or other corporate
entities, the maximum penalty shall be imposed upon the president,
manager, director or persons responsible for its operations.

Republic act 9003 incorporate ecological solid waste management act

Section 8B.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE C
Protection of the Environment from Stray Animals

Section 8C.01. Regulated Act.

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No person shall, wittingly or unwittingly, set loose or let go stray any “dog”,
“swine”, “cattle” and other members of the bovine family in any public or private
places, whether fettered or not.

Section 8C.02. Definitions of Terms.

a. Stray Animal – refers to an animal which is set loose or not under the
complete control of its owner, or the one in charge, or in the possession
thereof, or found roaming around, in public or private places whether
fettered or not.

b. Public Place – refers to national, provincial, municipal or barangay roads,


parks, plazas, and such other places open to the public.

c. Private Place – refers to privately owned streets, yards, rice fields,


farmlands and lots owned by an individual other than the owner of the
animal.

Section 8C. 03. Administrative Provisions.

a. Not later than the following day after the animal is impounded, a notice of
such impounding shall be posted in at least three (3) conspicuous places
including the public market for a period of five days within which the owner
of the animal is required to claim and establish ownership thereof;

b. If no person shall claim ownership of the animal after the expiration of five
(5) days from date of its impounding, it shall be sold through public auction;

c. The Municipal Treasurer shall post a notice for the public auction in at least
three (3) conspicuous places including the public market for a period of
three (3) days. During the auction sale, the animal shall be sold to the
highest bidder. Within two (2) days after the auction sale, the Treasurer
shall submit a written report proceedings to the Local Chief Executive;

d. The owner of the animal may stop the said sale by paying at any time,
before or during the auction sale, the poundage fee due and the cost of the
advertisement and the conduct of sale, to the Municipal Treasurer. The
proceeds of the sale shall be applied to satisfy the cost of impounding and
advertisement. The residue over these costs shall accrue to the General
Fund;

e. Incase impounded animal is not disposed of during the public auction sale,
the same shall be considered sold to the municipal government for the
amount of equivalent to the poundage fees due, cost of impounding,
advertisement and auction sale; and

f. This Article shall apply only in barangays where there is no existing


Barangay Ordinance dealing on the same subject matter. In case a barangay

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has an existing barangay ordinance duly reviewed by the Sangguniang
Bayan which also pertains to the impounding of stray animals and collection
of poundage fees thereof the said barangay ordinance shall prevail over this
Article in the spirit of decentralization and in order to enhance the role of
the barangay governments in nation building.

Section 8C.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Pesos (P 2,500.00), or an imprisonment for
ten (10) days, or both at the discretion of the court.

ARTICLE D
Smoke Emission Test for all Vehicles

Section 8D.01. Regulated Act.

No person or operator of any motor vehicle shall operate or ply within and
through the Municipality of Maramag, without first submitting a copy of a certificate
of compliance on the emission standards or smoke density test result.

Section 8D.02. Definition of Terms. As used in this Article:

a. Operator – refers to any person who owns, leases, controls a motor


vehicle.

b. Vehicle – refers to all kinds or types of motor vehicles powered by diesel


or gasoline engine.

Section 8D.03 Administrative Provision.

a. The Local Philippine National Police in coordination with the Land


Transportation Office (LTO) shall be punished by a fine of not more than
One Thousand Pesos (P 1,000.00), or an imprisonment for ten (10) days,
or both at the discretion of the court; and

b. All applicable laws, rules and regulations imposed by the national


government shall form part of the provisions of this article.

Section 8D.04. Penal Provision.

Any person who violates provision of this Article shall be penalized by a fine of
not more than Two Thousand Five Hundred Pesos (P 2,500.00), or an imprisonment
for ten (10) days, or both at the discretion of the court.

ARTICLE E
Vandalism on Private and Public Properties

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Section 8E.01 Prohibited Act.

No person shall wantonly or deliberately deface or destroy any private or public


property, or portion thereof, through any kind of vandalism including writing or
painting unnecessary letters, words, signs or symbols on any portion of the edifices.

Section 8E.02. Definition of Terms. As used in this Article:

a. Vandalism – refers to reckless and willful destruction of plants, edifices or


structures;

b. Private Property – refers to the plants, structures or edifices owned by


private person or entity; and

c. Public Property – refers to the plants, structures or edifices owned by the


public (government or state).

Section 8E.03. Administrative Provisions.

a. Owners or operators of any privately owned property shall closely


coordinate with the Local Philippine National Police for the implementation
of this article;

b. Watchman or security guard of any public property shall report immediately


to the Local Philippine National Police any act of vandalism on any public
property for proper disposition; and

c. The Local Philippine National Police shall be responsible in the enforcement


of this Article.
Suggestion: include lgu enforcers
Section 8E.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than six (6) months, or both fine and imprisonment at the
discretion of the court; without prejudice to imposition of a higher penalty under the
existing law.

ARTICLE F
Noise Pollution

Section 8F.01. Prohibited Act.

No person shall operate an establishment which will create noise emanating


from the operation of their business or activities.

Section 8F.02. Definition of Terms. As used in this Article:

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a. Person – refers to individual person or juridical personality operating a
business which produces noise such as karaoke bars, videoke and the like.

b. Noise Pollution – refers to excessive noise or sound emitted by plants or


industrial establishments, motor vehicles, animals and other exceptionally
loud or startling sound.

Section 8F.03. Administrative Provisions.

a. The Office of the Local Chief Executive in coordination with the


CENRO/DENR and Land Transportation Office shall establish a noise quality
standard policies, in issuing permits to any plants, establishment, motor
vehicles and other engine operated device in coordination to PD No. 1181
and PD No. 984 otherwise known as National Pollution Control Law; and

b. The Local Philippine National Police shall be responsible in the enforcement


of this Article.
Counterpart of lgu
Section 8F.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than six (6) months, or both fine and imprisonment, at the
discretion of the court without prejudice to imposition of a higher penalty under the
existing law.

ARTICLE G
Ban on Hunting of Philippine Eagle and other endangered species

Section 8G.01. Prohibited Act.

No person shall hunt Philippine Eagle and other endangered species found
within Mt. Kalatungan and any other place within the jurisdiction of Maramag,
Bukidnon.

Section 8G.02. Definition of Terms. As used in this Article:

a. Philippine Eagle – refers to a bird of prey that is known to be the largest


eagle in wing surface and length and is considered as the national bird of the
Philippines.

b. Endangered Species – refers to a type of organism that is threatened


by extinction by reason of loss of habitat and loss of genetic variation.

Section 8G.03. Administrative Provisions.

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a. The Community Environment and Natural Resources Office shall coordinate
with the Local Philippine National Police and Barangay Officials in the
enforcement of this Article;
b. All other applicable laws that governs the protection of endangered species
shall form part in the provision of this article.

Section 8G.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of Two Thousand Five Hundred Pesos (P 2,500.00), or imprisonment for ten (10
days), or both at the discretion of the court.

Article H
Ban on Aerial Application of Chemicals

Section 8H.01. Prohibited Act.

No person shall use an aircraft in the application of agricultural chemicals in


any plantation.

Section 8H.02. Definition of Terms. As used in this Article:

a. Agricultural Aircraft – refers to an aircraft that has been built or


converted for agricultural use - usually aerial application of pesticides (crop
dusting) or fertilizer (aerial topdressing).

b. Agricultural Chemical – refers to any substance involved in the growth


or utilization of any plant of economic importance to humans such as
fertilizers, pesticides, growth regulators, and raw materials for use in
chemical processes and the likes.

c. Plantation – refers to the large-scale estate meant for farming that


specializes in cash crops such as cotton, coffee, tea, cocoa, sugar
cane, sisal, oil seeds, oil palms, rubber trees, and fruits.

Section 8H.03. Administrative Provisions.

a. The Municipal Agriculture Officer or his/her duly authorized representative


shall monitor compliance and be responsible in the implementation of this
article; and
b. All applicable laws relative to the use and application of toxic chemicals shall
form part in the provision of this article.

Section 8H.04. Penal Provision.

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Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or an
imprisonment for not more than six (6) months, or both at the discretion of the court.

ARTICLE I
Quarrying Ban in Watershed

Section 8I.01. Regulated Acts.

No person shall quarry materials in any watershed area within the municipality.

Section 8I.02. Definition of Terms. As used in this Article:

a. Quarry Materials – refers to sand and gravel, stone, boulders, and other
similar objects found in watershed.

b. Watershed – refers to a land area drained by a stream or fixed body of


water and its tributaries having a common outlet for surface runoff, and it
serves as a source of potable water supply for local community use.

Section 8I.03. Administrative Provision.

a. The Municipal Environment and Natural Resources Officer (MENRO) in


coordination with the Barangay Officials, shall be responsible in the
enforcement of this article;

c. All applicable laws relative to quarrying activities shall form part in the
provision of this article.

Section 8I.04. Penal Provision.

Any person who violates any provision of this article shall be punished by a fine
of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or imprisonment
for not more than six (6) months, or both at the discretion of the court.

ARTICLE J
Regulations on the Installation or Display of
Signs, Signboards, and Billboards

Section 8J.01. Regulated Acts.

No person shall install or display any sign, signboard, or billboard, or any other
kind of outdoor advertisement, without first obtaining a Mayor’s Permit and paying the
corresponding fees imposed under existing Municipal Tax Ordinance.

Section 8J. 02. Definition of Terms. As used in this Article:

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a. Signboard – refers to a piece of wood which has been painted with pictures
or words and which gives some information about a particular place, product,
or event.

b. Billboard – refers to a large board on which advertisements


are shown, especially at the side of a road.

c. Outdoor Advertisement – refers to any sign, model, placard, board,


billboard, banner, bunting, poster, streamer, paint-on, light display, device,
structure or representation, employed outdoors or visible from outside, wholly
or partially with the intent to advertise or promote.

Section 8J.03. Administrative Provisions.

a. Any person desiring to install or display any sign, or signboard or billboard,


shall first file a written application on the required form indicating the plans
and descriptions of the sign, signboard or billboard, or any other kind of
outdoor advertisement to the office of the Municipal Building Official;

b. This article is enacted pursuant to Section 458-3-iv of the Local Government


Code of 1991 and should be distinguished from the taxing power of the
barangay in the imposition of charges or fees on the above-mentioned
subject matter under Article 240 (d) of the Implementing Rules and
Regulations of RA 7160;

c. The Municipal Engineer’s Office in coordination with the Barangay Officials


shall be responsible in the enforcement of this article.

Section 8J.03. Penal Provision.

Any person who violates any provision of this article shall be penalized by a fine
of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or an imprisonment
for not more than six (6) months, or both at the discretion of the court.

ARTICLE K
Bandsaw, Sawmill, Chainsaw Operations

Section 8K.01. Regulated Act.

Any person who shall operate a bandsaw, sawmill and chainsaw shall secure a
Tree Planting Certificate from the barangay or municipality where they operate as a
requirement of Business Permit/Mayor’s Permit application and renewal.

Section 8K.02. Definition of Terms. As used in this Article:

a. Bandsaw – refers to a saw with a long, sharp blade consisting of a


continuous band of toothed metal stretched between two or more wheels

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to cut material used principally in woodworking, metalworking,
and lumbering.

b. Business Permit – refers to a legal document issued by the local


government that allows individuals or companies to conduct business within
the territorial jurisdiction of the municipality.

c. Chainsaw – refers to a portable mechanical power-driven cutting tool with


teeth set on a chain that moves around the edge of a blade.

d. Mayor’s Permit – refers to a permit/license allowing a business or


company to operate or undertake an activity within the municipality.

e. Person – refers to an individual, natural or juridical engaged in bandsaw,


sawmill and chainsaw operation.

f. Sawmill – refers to a factory in which logs are sawed into lumber by


machine.

g. Tree Planting Certificate – refers to an official document or credential


confirming that the concerned individual or company has planted the
required number of trees.

Section 8K.03. Administrative Provisions.

a. All bandsaw, sawmill and chainsaw operators shall secure a Tree Planting
Certificate from the barangay or municipality where they operate as a
requirement of Business Permit/Mayor’s Permit application and renewal;

b. All bandsaw, sawmill and chainsaw operators shall be required to plant One
hundred fifty (150) seedlings to maintain and preserve our natural resources
and environment;

c. The Municipal Environment and Natural Resources Office (MENRO) shall


identify the area for the tree planting activity or the concerned individual or
company may identify the area for the said activity;

d. The concerned individual or company may provide seedlings or may request


seedlings from the Municipal Environment and Natural Resources Office
(MENRO) for the tree planting activity; and

e. The Local Chief Executive or his/her authorized personnel in coordination


with the Municipal Environment and Natural Resources Office (MENRO) and
Business Process and Licensing Office (BPLO) shall be responsible in the
enforcement of this article.

Section 8K.04. Penal Provision.

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Any person who violates any provision of this article shall be penalized with a
fine of Two thousand and five hundred pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE L
Planting of Trees as a Requirement in the Application
and Renewal of Business Permit Commented [S1]:

Section 8L.01. Regulated Act.

Any person or business establishment shall be required to plant ten (10) trees
as a requirement in the application and renewal of Business Permit/Mayor’s Permit.

Section 8L.02. Definition of Terms. As used in this Article:

a. Business Establishment – refers to any person or entity engaging in


trade or commercial activity conducted regularly as a means of livelihood or
with a view to profit.

b. Business Permit – refers to a legal document issued by the local


government that allows individuals or companies to conduct business within
the territorial jurisdiction of the municipality.

c. Person – refers to owners or proprietors of any business establishment.

d. Tree Planting Certificate – refers to an official document or credential


confirming that the concerned individual or company has planted the
required number of trees.

Section 8L.03. Administrative Provisions.

a. Any applicant or representative shall be required to plant ten (10) trees in


the duly designated area assigned by the Local Government of Maramag;

b. The seedlings shall be provided by the Local Government through the


Municipal Environment and Natural Resources Office (MENRO);

c. The applicant or representative may opt to plant ten (10) trees in their
private property;

d. The MENRO shall issue a Tree Planting Certificate to the applicant or


representative upon completion of the requirement;

e. The Local Chief Executive or his/her designated personnel in coordination


with the MENRO shall have primary responsibility in the enforcement of this
article; and

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f. The LCE or his/her designee is authorized to establish regulations or
administrative procedures necessary to further the purpose and to obtain
compliance of this article.

Section 8L.04. Penal Provision.

Any person who violates any provision of this article shall be penalized with a
fine of Two thousand and five hundred pesos (P2,500.00) or imprisonment not to
exceed six (6) months, or both at the discretion of the court

ARTICLE M
Illegal Fishing Practices and Activities

Section 8M.01. Prohibited Act.


No person shall use any illegal fishing practices and activities in the municipal
waters of Maramag, Bukidnon.
Section 8M.02. Definition of Terms. As used in this Article:
a. Electro-Fishing – refers to a fishing method which uses electricity and
electronic devices generated by batteries and other power sources to
momentarily stun, kill and catch fish.
b. Fishing Gears – refers to fine mesh net, sudsod, and net and wire screen
prohibited under this Article.
c. Fish Habitat/Sanctuary – refers to those waters and layers where fishes
survive, breed, reproduce and grow to maturity.
d. Identified Fishing Practices – refers to the use of Fine Mesh Net No. 7,
8 and above, the use of sudsod and the use of fine net screen, fine wire
screen, poisons and explosives which are prohibited by virtue of this Article.
e. Illegal Activities – refers to the prohibited fishing activities that destroys
fish habitat and devastates the marine environment such as electro-fishing
and the use of any poisonous substances and explosives.
f. Municipal Waters – refers to rivers, springs, creeks, ponds and other
inland bodies of water within the Municipality of Maramag, Bukidnon such
as the Pulangui River and NAPOCOR lake.
g. Sudsod – refers to a push net with bamboo raft which is pushed over the
bottom of shallow waters to catch shrimp. Also known as prawn net and
shrimp net.
Section 8M.03. Administrative Provisions.
a. PROHIBITIONS
1) No person shall use a Fine Mesh Net with Mesh Number 7, 8 and above;
2) No person shall destroy the physical setting of the fish habitat or fish
sanctuary in order to entrap or catch fish;
3) No person shall be allowed to use a Sudsod in catching fishes;
4) No person shall use a Fine Net Screen and a Fine Wire Screen while
fishing in the municipal waters;

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5) No person shall perform Electro-Fishing in the municipal waters;
6) No person shall stupefy, catch and kill fish using poisonous substances;
7) No person shall catch fish and other aquatic species in the municipal
waters by means of using explosives.

b. IMPLEMENTING AGENCY
The Local Chief Executive in coordination with the Municipal Agriculture Office,
Local Philippine National Police, the Barangay Officials and the Bantay Bayan where
the water is situated, and the Officers of Maramag Fisherfolks Association shall be
responsible for the enforcement of this Article and shall formulate additional rules and
regulations necessary to further the purpose of this Article.
Section 8M.04. Penal Provision.
Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.

ARTICLE N
Squatting

Section 8N.01. Prohibited Act.

No person shall occupy, construct or establish any structure in any public area
or portion thereof.

Section 8N.02. Definition of Terms. As used in this Article:

a. Occupy – refers to the introduction of improvements such as: construction


of houses whether temporary or permanent, erecting fences and other
similar improvements.

b. Public Area– refers to creek allowance, river allowance, road or road


allowance, market area, hospital area, school area public cemetery and
other similar areas.

Section 8N.03. Administrative Provisions.

a. The Local Chief Executive shall be responsible in the issuance of a written


notice of ejection to all person who occupied public sites and areas;
b. After issuance of a written notice, the occupants shall be given a ninety days
grace period to vacate the place;
c. After the grace period and still the place has not been vacated, the Municipal
Engineer shall order the immediate demolition of all structures and
improvements built in the public site or area; and

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d. The Municipal Engineer in his capacity as the Municipal Building Official in
coordination with the Local Philippine National Police shall be responsible in
the implementation of this article.

Section 8N.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P2,500.00), or
imprisonment of not more than Six (6) months, or both at the discretion of the court.

ARTICLE O
Treasure Hunting

Section 8O.01. Prohibited Act.

No person shall engage in any treasure hunting operation without a clearance


from the Office of the Local Chief Executive.

Section 8O.02. Definition of Term. As used in this Article:

a. Treasure Hunting– refers to any activity involving excavations in search


of gold bars, jewelry, antiques and other artifacts, and the like.

Section 8O.04. Administrative Provisions.

a. No Mayor’s Clearance shall be issued to any treasure hunter without first


showing any permit from the Office of the President of the Republic of the
Philippines and an Environmental Compliance Certificate issued by the
Department of Environment and Natural Resources;
b. Treasure hunters shall be responsible in any damage as a result to their
operations in any private or public properties; and
c. The Municipal Environment and Natural Resources Officer in coordination
with the Barangay Officials shall be responsible in the implementation of
this Article.

Section 8O.05. Penal Provision.

Any person who violates any provision of this article shall be penalized by a fine
of not more than Two Thousand Five Hundred Pesos (P2,500.00), or an imprisonment
for not more than Six (6) months, or both at the discretion of the court.

CHAPTER IX
PUBLIC MORALS

Article A
Ban on Pornography

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Section 9A.01.Regulated Act.

No person shall possess any obscene or pornographic materials including


books, magazines, comics, pamphlets, video tapes and the like in any place within the
Municipality of Maramag.

Section 9A.02. Definition of Terms. As used in this Article:

a. Pornographic Materials – refers to printed or visual material (film, videos,


magazines and the likes) containing the explicit description or display of sexual
organs or activity which are intended to stimulate sexual excitement.

b. Pornography – refers to the portrayal of sexual subject matter for the


exclusive purpose of sexual arousal.

Section 9A.03. Administrative Provisions.

a. No operator of movie, or cinema shall allow the exhibition in the movie


screen in his establishment any pornographic film or movie not approved
for public showing by competent authorities;

b. No operator or owner of any establishment shall sell or rent to the public


any kind of pornographic materials or video films;

c. Paintings, sculptures, engravings, pictures, sketches, drawings, or other


objects which merely represents nude figures but not representing any
lascivious act and exclusively made or performed for scientific, educational,
and artistic purposes without immoral or malicious intent shall not be
considered as obscene or pornographic;

d. The Local Chief Executive for proper implementation of this article may issue
additional rules and regulations; and

e. The Local Philippine National Police in coordination with the Barangay


Officials shall be responsible in the enforcement of this Article.

Section 9A.04. Penal Provision.

Any person who violates any provision of this article shall be punished by a fine
of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or imprisonment
for not more than six (6) months, or both at the discretion of the court.

ARTICLE B
Gambling Ban for Minors

Section 9B.01 Prohibited Act.

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No person shall allow any minor from taking part, directly or indirectly, in any
form of gambling in any authorized gambling establishments.

Section 9B.02. Definition of Terms. As used in this Article:

a. Minor – refers to a person below eighteen (18) years of age.

b. Authorized Gambling Establishment – refers to the establishments,


which may have been given license to operate gambling operations by
proper authorities.

Section 9B.03. Administrative Provision.

The Local Philippine National Police shall be responsible in the enforcement of


this Article.
Include LGU

Section 9B.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or an
imprisonment for not more than six (6) months, or both at the discretion of the court.

ARTICLE C
Illegal Gambling

Section 9C.01. Prohibited Act.

No person shall take part either directly or indirectly, in any form of illegal
gambling.

Section 9C.02. Definition of Terms. As used in this Article:

a. Illegal Gambling – refers to illegal or unauthorized activities including


“Juetng” or jai-alai, Tari-tari (illegal cockfight), Hantak, Piyat-piyat, Tong-
its, Tsekitza, and other game of chance that is not allowed under existing
laws.

b. Person – refers to individual person, or juridical personality.

Section 9C.03. Administrative Provisions.

a. Exemptions.
1) During funeral wake; and
2) During special occasions, provided that there is a Mayor’s Permit.

b. The Local Philippine National Police in coordination with Barangay Officials


and Bantay Bayan shall be responsible in the implementation of this article;

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c. The Local Philippine National Police may formulate necessary rules and
regulations for the implementation of this article; and

d. The provisions under PD 1602 shall be applied to matters pertaining to


illegal gambling not covered in this article.

Section 9C.04. Penal Provision.

Any person who violates any provision of this article shall be punished by a fine
of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or an imprisonment
for ten (10) days, or both at the discretion of the court.

ARTICLE D
Liquor Ban to Minors

Section 9D.01. Regulated Act.

No person shall serve or allow the serving of any intoxicating drinks or


beverages to minors.

Section 9D.02. Definition of Terms. As used in this Article:

a. Minor – refers to people who are below 15 years old; and

b. Intoxicating Drink or Beverage – refers to a drink of high alcoholic


content.

Section 9D.03. Administrative Provisions.

a. Owners or operators of stores or establishments shall not allow any


minor to drink alcoholic beverages in their establishment;

b. The Local Philippine National Police may promulgate additional rules and
implementing guidelines for proper implementation of this article; and

c. The Local Philippine National Police shall coordinate with the Barangay
Officials, and be responsible in the enforcement of this article.

Section 9D.04. Penal Provision.

Any person who violates and provision of this Article shall be penalized by a
fine of Two Thousand Five Hundred Pesos (P 2,500.00) or imprisonment for two (2)
days, or both at the discretion of the court.

ARTICLE E

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Prostitution Ban

Section 9E.01. Prohibited Act.

No person shall solicit, procure, pimp or pander, and act as a middle person or
go-between in any place within the Municipality of Maramag for purposes of
prostitution.

Section 9E.02. Definition of Terms. As used in this Article:

a. Prostitute – refers to a person who habitually engages in sexual relations


with another person for a fee.

b. Prostitution – refers to the act of habitually engaging in sexual relations


with another person other than his husband for certain consideration
including payment but not limited to sums of money.

c. Solicitor, Procurer – refers to a person who secures or engages in the


service of the prostitute for sexual relation.

Section 9E.03. Administrative Provisions.

a. It is hereby declared the policy of the Municipality of Maramag that


prostitution is as social menace that destroys moral integrity of a person
and which causes irreparable damage to the image of both the municipality
and the Filipino nation;
b. The Municipal Health Office in coordination with the Local Philippine National
Police, shall be responsible in the enforcement of this article; and
c. Succeeding violations of the provision of this article shall become a valid
ground for closure of the establishment or revocation of the Mayor’s Permit
issued.

Section 9E.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of Two Thousand Five Hundred Pesos (P 2,500.00), or an imprisonment for ten
(10) days, or both at the discretion of the court.

ARTICLE F
Indecent Activities inside an Amusement Establishment

Section 9F.01. Prohibited Act.

No person shall cause the performance or conduct of obscene or lewd shows


and exhibitions, or the exposure of one’s private body parts for public viewing inside
an amusement establishment.

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Section 9F.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that


offers entertainment and services to the public such as, but not
limited to disco house, pub house, cocktail lounge, videoke bar, beer
house, day and night club, and night café stall;

b. Indecent Act – refers to prostitution, performance of obscene or


lewd show and exhibition, public exposure of one’s private parts, and
playing a video with pornographic theme;

c. Person – refers to the owner or operator of an amusement


establishment who shall be the subject for penalty under this article;

d. Pornographic Theme – refers to sexual theme which tends to


stimulate sexual arousal or sexual excitement;

e. Prostitution – refers to the act of offering, consenting or


performing lascivious and sexual conduct in exchange for money,
profit or any other consideration.

Section 9F. 03. Administrative Provisions.

a. No person shall publicly play videos with pornographic themes inside an


amusement establishment;

b. No person shall serve as fronts for prostitution inside an amusement


establishment;

c. The second and succeeding violations in the provisions of this article


shall become a valid ground for the cancellation or revocation of permit
to operate; and

d. The law enforcers, in coordination with the Local Philippine National


Police, and the Barangay Officials and Barangay Tanods where an
amusement establishment is located shall be responsible for the
enforcement of this Article.

Section 9F.04. Penal Provision.


Any person who violates any provisions of this Article shall be fined an amount
of Two Thousand Five Hundred Pesos (P2,500.00), or imprisonment for three (3)
months, or both at the discretion of the court.

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ARTICLE G
Minors inside an Amusement Establishment

Section 9G.01. Prohibited Act.

No person shall allow minors to enter inside the premises of any amusement
establishments located within the Municipality of Maramag.

Section 9G.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that offers


entertainment and services to the public such as, but not limited to
disco house, pub house, cocktail lounge, videoke bar, beer house, day
and night club, and night café stall.

b. Cocktail Lounge – refers to a bar, typically in a hotel or restaurant


where alcoholic drinks are served.

c. Minor – refers to a person below eighteen (18) years of age.

d. Night Café Stall – refers to a stall operating only in a specified day of


the week which serves alcoholic beverages to customers.

e. Person – refers to the owner or operator of an amusement


establishment located in Maramag, Bukidnon.

f. Videoke Bar – refers to an establishment where alcoholic drinks are


served and customers entertain themselves through videoke songs.

Section 9G.03. Administrative Provision.

The law enforcers in coordination with the Local Philippine National Police, and
the Barangay Officials and Barangay Tanods where an amusement establishment is
located shall be responsible for the enforcement of this article.

Section 9G.04. Penal Provision.

Any person who violates any provisions of this Article shall be fined an amount
of Two Thousand Five Hundred Pesos (P2,500.00), or imprisonment for three (3)
months, or both at the discretion of the court.
ARTICLE H
Illegal Gambling inside an Amusement Establishment

Section 9H.01. Prohibited Act.

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No owner or operator of any amusement establishment located within the
Municipality of Maramag shall allow illegal gambling inside the premises of the
establishment.

Section 9H.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that offers


entertainment and services to the public such as, but not limited to disco
house, pub house, cocktail lounge, videoke bar, beer house, day and
night club, and night café stall;

b. Illegal Gambling – refers to unauthorized activities such, but not


limited to jueting or jai-alai, Tari-tari (illegal cockfight), Hantak, Piyat-
piyat, Tong-its, and other games of chance which are not allowed under
existing laws;

c. Person – refers to the customers and other individuals inside an


amusement establishment.

Section 9H.03. Administrative Provisions.

a. No person shall gamble inside any amusement establishment within the


Municipality of Maramag;

b. Owners or operators of any amusement establishments who violates the


provisions of this article shall be fined an amount of Two Thousand Five
Hundred Pesos (P2, 500.00). Succeeding violations shall become a valid
ground for the cancellation or revocation of permit to operate; and

c. The law enforcers, in coordination with the Local Philippine National


Police, and the Barangay Officials and Barangay Tanods where an
amusement establishment is located shall be responsible for the
enforcement of this article.

Section 9H.04. Penal Provision.

Any person who violates any provision of this Article shall be fined an
amount of Two Thousand Five Hundred Pesos (P2,500.00), or imprisonment for Thirty
(30) days.

CHAPTER X
PUBLIC UTILITIES

Article A
Agricultural Training Center

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Section 10A. 01. Regulated Act.

No person shall be allowed to avail of the services of Agricultural Training


Center without complying the documentary requirements for its usage.

Section 10E.02. Definition of Term. As used in this Article:

a. Agricultural Training Center – refers to the structure or building


owned and managed by the Local Government Unit and its use is limited
for training or seminar-workshop and other related activities.

Section 10A. 03. Admin Section 11E.02 Rules and Regulations

a. Exemptions:
1) Government sponsored training or seminar shall be exempted from
payment of the necessary fees imposed. However, users shall be
responsible for the janitorial services; and
2) Non-government organization or private entity may be exempted
from payment of existing fees. However, they shall pay power
consumed and janitorial services.

b. Rules and Regulations:

1) Any person, government and non-government organizations upon


payment of the prescribed fees and charges as provided under
existing Municipal Tax Ordinance may be allowed to use the
Agricultural Training Center;
2) No person shall use the facility and its premises as a dwelling place
or shelter except during emergency cases, provided that the Local
Chief Executive approves the same for such purpose;
3) No person shall use the facility and its premises for storage purposes
except on emergency or special cases;
4) Any person who have used the training center and its facilities or
items, and incurred damages or lost thereof, shall be held liable and
responsible, and shall replace the same or pay the corresponding
amount of the items

c. Pro-Forma Agreement. Upon approval of any application to use the Training


Center, the applicant shall execute an agreement with the Municipal
Government;

d. Any person who desires to use the facility shall apply to the Local Chief
Executive through the Economic Enterprise Division Office;

e. Upon approval of its application, person desiring to use the facility shall pay
necessary fees and charges imposed under existing Tax Ordinance and the

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payment shall be made to the Municipal Treasurer’s Office based on the
following scheme:

e.1. Down Payment. Fifty percent of the rate imposed under existing
Municipal Tax Ordinance for every reservation made.

e.2. Full Payment. Shall be made a day before the scheduled date of the
activity.

f. The Head of the Local Economic Enterprise Division in coordination with the
Municipal Agriculture Office and Treasurer’s Office may formulate additional
rules and regulation for effective enforcement of this article.

Section 10A.04. Penal Provision.

Any person who violates any provision of this article shall be penalized by a fine
of Two Thousand Five Hundred Pesos (P 2,500.00), or imprisonment for five (5) days,
or both at the discretion of the court.

ARTICLE B
Regulation on the Use of the Ambulance

Section 10B.01. Regulated Act.

No person can avail of the use of Municipal Ambulance without complying the
terms and conditions of its usage.

Section 10B.02. Definition of Terms. As used in this Article:

a. Ambulance – refers to a vehicle owned by the Municipal Government used


to transport or carry sick or injured patient/s.

b. Emergency Case – refers to a condition that requires immediate medical


attention.

Section 10B.03. Administrative Provisions.

a. Rules and Regulations:


1) The ambulance shall be used primarily to transport patient/s to any
hospital or clinic where medical or surgical services is available;
2) Any person desiring to use the ambulance shall first pay the
necessary fees imposed under existing Tax Ordinance. However, on
emergency cases, payment may be deferred;
3) The municipal ambulance shall not be used to transport cadavers,
except when the patient died while the vehicle is on transit; and

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4) Indigent patient may be exempted from payment of the prescribe
fees and charges upon certification of the Municipal Social Welfare
and Development Officer or his duly authorized representative.

b. Exemptions. The ambulance may be used provided there is no other


available vehicle under following circumstances:

1) Deposit and withdrawal of money from the bank;


2) Transport of personnel on night duty; and
3) For medical outreach mission.

c. Operations and services of the ambulance shall be under the supervision of


the Municipal Health Office who is authorized to issue implementing rules
and guidelines to facilitate the effective service of the vehicle; and

d. Payment for the use of the ambulance shall be made in the Municipal
Treasurer’s Office and should be duly receipted and the amount shall accrue
to the general fund.

Section 10B.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than six (6) months, or both at the discretion of the court.

ARTICLE C
Regulations on the Use of the Heavy Equipment

Section 10C. 01. Regulated Act.

No person shall be allowed to avail of the use of Heavy Equipment without


complying the documentary requirements for its usage.

Section 10C.02. Definition of Term. As used in this Article:

a. Equipment – includes grader, dump truck, payloader, and other similar


equipment owned by the Municipal Government.

Section 10C.03. Administrative Provisions.

a. The equipment shall be used primarily for the implementation of the


Municipal and Barangay development projects, other uses by private entities
except contractors, may be allowed upon payment of the corresponding
fees and charges imposed under existing Municipal Tax Ordinance;

b. No person shall use the equipment without first paying the necessary fees
imposed under existing Tax Ordinance;

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c. Any person desiring to use or rent the equipment of the Municipal
Government shall make a written request addressed to the Local Chief
Executive through the Municipal Engineer’s Office for approval;

d. Payment shall only be made to the Municipal Treasurer’s Office and should
be duly receipted; and

e. The Municipal Engineer’s Office shall be responsible in the enforcement of


this article.

Section 10C.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than six (6) months, or both at the discretion of the court.

ARTICLE D
Regulation on the Use of the Monobloc Chairs

Section 10D. 01. Regulated Act.

No person shall be allowed to avail of the use of Monobloc Chairs without


complying the documentary requirements for its usage.

Section 10D.02. Definition of Term. As used in this Article:

a. Monobloc Chair – refers to the chairs made up of plastic owned by the


Municipal Government.

Section 10D.03. Administrative Provisions.

a. No person shall use any Monobloc chair without first paying the necessary
fees;

b. Payment shall be made only in the Municipal Treasurer’s Office and the
amount shall accrue to the general fund; and

c. The borrower shall be held responsible or liable for damage or loss of any
of the chairs.

Section 10D.04. Penal Provision.

Any person who violates any provision of this article shall be penalized by a fine
of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or imprisonment
for not more than six (6) months, or both at the discretion of the court.

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CHAPTER XI
BUSINESS, TRADE AND OCCUPATION

ARTICLE A
Price Tag Requirement

Section 11A.01. Regulated Act.

No person shall display or offer for sale any consumer product without
appropriate price tag, label or marking publicly displayed to indicate the price of each
article or item.

Section 11A.02.Definition of Terms. As used in this Article:

a. Consumer – refers to a natural person who is the purchaser, lessee, and


recipient of prospective purchases, lessor or recipient of consumer products,
services or credit.

b. Consumer Products and Services – refers to goods and services that


are primarily for personal, family or household purposes.

c. Price Tag – refers to any device written, printed, affixed or attached to a


consumer product or displayed in a consumer repair or service
establishment for the purpose of indicating the retail price per unit or
service.

d. Service Establishment – refers to a business establishment providing


consumer services directly to consumers.

Section 11A.03. Administrative Provisions.

a. A Price Tag Monitoring Team shall be alternatively composed of: a) The


Officer-in-Charge of the DTI Municipal Sub-Office or his duly designated
representative and another personnel from the same office; b) A group of
members from the duly constituted Local Price Coordinating Council; or c)
The Local Chief Executive accompanied by any member of the LPCC or any
DTI representative; or d) The Punong Barangay and a member of the
Sangguniang Barangay, who is the Chairman of the Trade and Industry
Committee; and

b. The Price Tag Monitoring Coordinating Council in coordination with the


Office of the Local Chief Executive shall be responsible in the
implementation of the provision of this article.

Section 11A.04. Penal Provision.

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Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.

ARTICLE B
Regulations on the Sale and Display of Livestock

Section 11B.01. Regulated Act.

No person shall display and sell any livestock or fowl in any place except at
designated areas.

Section 11B.02. Definition of Terms. As used in this Article:

a. Livestock – refers to animals such as: cattle, horse, sheep, goat, and the
like.

b. Fowl – refers to chicken, duck, turkey, and bird.

c. Designated Area – refers to the place where trade and commerce take
place.

Section 11B.03. Administrative Provision.

The Municipal Agriculture Office in coordination with the Local Philippine


National Police and the Barangay Officials, shall be responsible in the implementation
of this article and may formulate additional rules and regulations as may deem
necessary.

Section 11B.04. Penal Provision.

Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 or one (1) month imprisonment and/or both fine and imprisonment
at the discretion of the court.

ARTICLE C
Hotel, Apartment, Lodging or Boarding House Operation

Section 11C.01. Regulated Act.

No person shall operate and maintain hotel, apartment, lodging or boarding


house without a Mayor’s Permit.

Section 11C.02. Definition of Terms. As used in this Article:

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a. Hotel – refers to a building, edifice or premises or a completely independent
part thereof, which is used for the reception of transient guest,
accommodation or lodging of travelers and tourists, and the provisions of
services incidental thereof for a fee;

b. Apartment House – refers to a building containing a number of separate


residential suites;

c. Lodging House – refers to a building where persons are supplied with and
charge for sleeping accommodation only. This will include inn, lodge, cabin,
resent, cottage, spa, cabaña, club, pension house, and all other similar
establishments not classified as hotel by the Department of Tourism; and

d. Boarding House – refers to a building where selected persons for fixed


period of time or supplied with the charge of sleeping accommodation
and/or metals. This will include dormitories and other similar establishment.

Section 11C.03. Administrative Provisions.

a. It shall be the duty of the Municipal Health Officer or his duly authorized
representative to cause the evaluation and inspection of every
establishment herein mentioned at least once every three (3) months and
to conduct additional inspections and re-inspections or evaluations as
deemed necessary for the establishment of this article. Inspection of the
establishment shall be conducted within seven (7) days after payment of
the inspection fee to the Municipal Treasurer’s Office;

b. The Municipal Health Officer in coordination with the Municipal Engineer,


shall be responsible in the enforcement of this article.
Include BFP
c. All other matters relating to Sanitation Inspection and issuance of permit
not specified in this article shall be governed by the pertinent provisions of
PD 856 (Sanitation Code of the Philippines) and other existing laws, rules
and regulations.

d. The operators of these establishments shall provide fire-fighting equipment


and facilities as required by the Fire Code of the Philippines with the
guidance of the Municipal Fire Marshall.

Section 11C.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than six (6) months, or both at the discretion of the court.
ARTICLE D
Operation of Small Lending Facilitators

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Section 11D.01. Regulated Act.
No person shall operate and facilitate a lending activities within the vicinity of
this municipality without Business Licenses, Mayor’s Business Permits, Sanitary
Permits and Garbage fees receipts, duly issued by the Local Government Unit
Authorities.
Section 11D.02. Definition of Terms. As used in this Article:
a. Lending – refers to granting someone the use of something on the
understanding that it shall be returned, or allow a person the use of a sum
of money under an agreement to pay it back later typically with interest.

b. Facilitator or Operator – refers to any person or company that runs a


business or enterprise that provides capital for borrowing in return with
calculated interest.
Section 11D.03. Administrative Provision.

The Local Chief Executive of the municipality and its authorized personnel from
the Business Processing and Licensing Section shall be responsible in the enforcement
of this article.

Section 11D.04. Penal Provision.

Any person who violates any provision of this Article shall be fined Two
Thousand Five Hundred Pesos (2, 500.00) or imprisonment not to exceed six (6)
months or both fine and imprisonment at the discretion of the court.

ARTICLE E
Illegal Connection, Tapping and Interference Activity to Cable T.V. Lines,
Radio Stations and Other Telecommunication Network

Section 11E.01. Prohibited Act.


No person shall connect illegally, tap and interfere to cable T.V. provider, radio
stations and other telecommunication networks.
Section 11E.02. Definition of Terms. As used in this Article:
a. Interference – refers to but not limited to cutting/damaging lines,
tampering signals without proper authority from the management which
may result to the prejudice, damage or disturbance of cable T.V. and
satellite, obstruction to radio station and other telecommunication networks.

b. Telecommunication – refers to transmitting and receiving communication


over distance through but not limited to telephone, cellular phone, internet,
computers and the likes or by broadcasting.

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c. Radio station – refers to an establishment with a transmission and
reception of waves that could carry audio messages and broadcasting sound
by broadcasting station or channel with technical apparatus capable of
receiving and transmitting radio messages.

d. Cable T.V. provider – refers to an establishment offering a system of


television programs transmitted to the television sets of the subscribers.

Section 11E.03. Administrative Provision.


The Local Chief Executive in coordination with the local Philippine National
Police, Barangay Officials, cable network service providers, internet providers, radio
stations and telecommunication network providers shall be the lead agency in the
implementation of this article. Further, they are advised to formulate rules and
regulations for strict enforcement of this article.
Section 11E.04. Penal Provision.
Any person who violates any provision of this article shall be fined Thousand
Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six month or both
fine and imprisonment at the discretion of the court.

ARTICLE F
Amusement Establishments

Section 11F.01. Regulated Act.

Any person operating any amusement establishments within the Municipality of


Maramag shall acquire all the required permits in order to operate.

Section 11F.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that offers


entertainment and services to the public such as, but not limited to disco
house, pub house, cocktail lounge, videoke bar, beer house, day and night
club, and night café stall;

b. Required Permit – refers to Locational Clearance, Building Permit,


Sanitary Permit, Fire Inspection Permit, Tax Clearance, Electrical Permit,
Electronic Permit, Occupational Permit, Sound Proof Certification, and
Barangay Clearance which are necessary for the issuance of a Business
Permit.

Section 11F.03. Administrative Provisions.

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a. The Municipal Engineer’s Office (MEO) and the Office of the Building Official
(OBO) shall see to it that all amusement establishments had installed and
passed the standards of sound proofing system and all other requirements
pursuant to the National Building Code;

b. The Office of the Building Official (OBO) shall not issue a Locational
Clearance to applicants unless the establishment is at least two hundred
(200) meters away from any government buildings, educational institutions,
place of worship, hospitals and clinics. The same office shall also require
applicants to submit electronics plan and sound proofing system plan signed
by a licensed electronic engineer to ensure that establishments will not emit
noise causing public disturbance;

c. The Office of the Municipal Bureau of Fire Protection shall be responsible in


the issuance of fire safety requirements of this article;

d. The Municipal Health Office (MHO) shall be responsible for the issuance of
Sanitary permits to applicants;

e. The Municipal Treasurer’s Office shall be responsible in the compliance of


Business Permit requirements to amusement establishment operators.

SECTION 11F.04. Penal Provision.

Any person who violates the provisions of this Article shall be penalized by a
fine of Two Thousand Five Hundred Pesos (P2, 500.00).

ARTICLE G
Hiring of Minors in an Amusement Establishment

Section 11G.01. Prohibited Act.

No person shall hire or employ minors or allow minors in any amusement


establishments located within the Municipality of Maramag.

Section 11G.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that offers


entertainment and services to the public such as, but not limited to
disco house, pub house, cocktail lounge, videoke bar, beer house, day
and night club, and night café stall;

b. Cocktail Lounge – refers to a bar, typically in a hotel or restaurant


where alcoholic drinks are served;

c. Minor – refers to a person below eighteen (18) years of age;

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d. Night Café Stall – refers to a stall operating only in a specified day of
the week which serves alcoholic beverages to customers;

e. Person – refers to the owner or operator of an amusement


establishment located in Maramag, Bukidnon;

f. Videoke Bar – refers to an establishment where alcoholic drinks are


served and customers entertain themselves through videoke songs.

Section 11G.03. Administrative Provision.

The law enforcers, in coordination with the Local Philippine National Police, and
the Barangay Officials and Barangay Tanods where an amusement establishment is
located shall be responsible for the enforcement of this article.

Section 11G.04. Penal Provision.

Any person who violates the provision of this article shall be fined an amount
of Two Thousand Five Hundred Pesos (P2,500.00).

ARTICLE H
Construction of Cubicles inside an Amusement Establishment

Section 11H.01. Prohibited Act.

No person shall construct or provide cubicles inside any public amusement


establishments operating in the Municipality of Maramag, Bukidnon.

Section 11H.02. Definition of Terms. As used in this Article:

a. Amusement Establishment – refers to the establishment that offers


entertainment and services to the public such as, but not limited to disco
house, pub house, cocktail lounge, videoke bar, beer house, day and night
club, and night café stall.

b. Cubicle – refers to a small space partitioned off within a larger space of


the establishment. Its purpose is to provide privacy or isolate customers
from the sights and noises coming from the people inside the amusement
establishment.

c. Person – refers to the owner or operator of an amusement establishment


located within the municipality.
Section 11H.03. Administrative Provisions.
a. The removal of cubicle/s shall be shouldered by the owner or operator of
the establishment. The same shall be given one (1) week to remove the

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cubicle/s. Failure to do so shall become a valid ground for a thirty (30) day
suspension of permit to operate; and

b. The Municipal Engineer’s Office (MEO), the Office of the Building Official
(OBO), the law enforcers, the Barangay Officials and Barangay Tanod where
an amusement establishment is located, in coordination with the Local
Philippine National Police shall be responsible for the enforcement of this
article.

Section 11H.04. Penal Provision.


Any person who violates the provision of this article shall be fined an amount
of Two Thousand Five Hundred Pesos (P2, 500.00).

ARTICLE I
Soundproofing Requirement for Amusement Establishments

Section 11I.01. Regulated Act.

No person shall operate an amusement establishment without an installed


soundproofing system.

Section 11I.02. Definition of Terms. As used in this Article:


a. Amusement Establishment – refers to the establishment that offers
entertainment and services to the public such as, but not limited to disco
house, pub house, cocktail lounge, videoke bar, beer house, and day and
night club;

b. Person – refers to the owner or operator of an amusement establishment


located in the Municipality of Maramag, Bukidnon;

c. Soundproof Certification – refers to a document issued by the Office of


the Building Official (OBO) confirming that an amusement establishment
located within the Municipality of Maramag has complied with the
soundproofing requirement of the municipality.

Section 11I. 03. Administrative Provisions.

a. All owners or operators of any amusement establishments shall be


required to submit a Soundproofing System Plan signed by a licensed
Electronic Engineer to ensure that the establishment will not emit noise
which can cause public disturbance. A Soundproofing System Plan is
prerequisite for the issuance of a Soundproof Certification;

b. All owners or operators of any amusement establishments shall be


required to acquire a Soundproof Certification from the Office of the

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Building Official (OBO) prior to the issuance or renewal of Business
Permit;

Section 11I. 04. Penal Provision.

Any person who violates the provisions of this article shall be fined an amount
of Two Thousand Five Hundred Pesos (P 2,500.00), and suspension of permit to
operate for thirty (30) days.

ARTICLE J
Sealing and Licensing of Weights and Measures

Section 11J. 01. Regulated Act.


No person shall use any instruments of weight or measure for commercial or
business purposes without it being calibrated, sealed and licensed by the Municipal
Treasurer’s Office (MTO).
Section 11J.02. Definition of Terms. As used in this Article:
a. Calibration – refers to the process of configuring an instrument and device
for weighing and measuring in order to determine, check, or rectify the
graduation of an instrument giving quantitative measurements;
b. Person – refers to a business operator who owns and uses weighing
scale/device within the premise of his/her business establishment;
c. Weights and Measures – refers to instruments and devices of any kind,
for weighing and measuring products for sale in all business establishments
within the municipality.

Section 11J. 03. Administrative Provisions.


a. Operators of business establishments using commercial scales shall be
required to have such equipment duly registered, calibrated and sealed
before the issuance of their business permit;

b. Only authorized inspectors from the Municipal Treasurer’s Office shall be


allowed to inspect, calibrate and seal any commercial scale. These tasks
may be performed at any day and during office hours upon order of the
Municipal Treasurer in an unannounced and surprising manner;

c. Owners of business establishment and Tabo-tabo sellers shall be required


to have their commercial scales calibrated twice a year;

d. Upon obtaining written permission from the Municipal Treasurer, any dealer
may keep unsealed instruments of weight and measure in stock, until sold
or used;

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e. The Municipal Treasurer’s Office, in coordination with the Municipal Price
Monitoring Council (MPMC) shall conduct regular inspection, calibration and
sealing of weighing scales used by retail stores in Maramag;

f. The Municipal Weighing Scale Calibrator shall calibrate weighing scales and
repair them if found defective. He/she must pay for accreditation by the
Municipal Treasurer’s Office. Without such accreditation, he/she will not be
allowed to do such function and collect the corresponding fees. His/her
compensation shall be set by the Municipal Treasurer;

g. The Municipal Treasurer shall schedule a municipal wide calibration of


weighing scales and set the fees that will be collected from such calibration.
It also shall determine the duration and/or condition/s upon which such
calibration will remain effective;

h. The Municipal Treasurer shall use the Seal of Maramag on its weighing scale
calibration activities;

i. Weighing scales which shall be found within the premise of a business


establishment during inspection shall be presumed to have been currently
used by the said establishment. It is the obligation of the owner that
whenever he/she believes or discovers that his/her weighing scale is
defective, he/she should surrender such instrument to the Municipal
Treasurer’s Office for inspection and/or calibration; otherwise failure to do
so would not be an excuse;

j. The unsealed and uncalibrated weighing scales shall be confiscated, and


shall only be returned to the owner after paying calibration fees, and after
such weighing scale is duly calibrated. If the owner of such weighing scale
has not paid such fees after the deadline set by the Municipal Treasurer, it
shall be disposed of by the Municipal Treasurer in an appropriate manner;

k. There shall be collected annual fees for the sealing and licensing of
instruments of weights and measures, except those that are used or
maintained by the government for public use by any agency or
instrumentality thereof; and

l. The Local Economic Enterprise Office (LEEO) shall have joint jurisdiction
with the Municipal Treasurer’s Office in the inspection of weighing scales
within the premises of the Maramag Public Market. Outside the said public
market, it shall be the sole jurisdiction of the Municipal Treasurer’s Office.

Section 11J.04. Penal Provision.


Any person who violates the provisions of this article shall be fined an amount
of Two Thousand Five Hundred (P2,500.00), and suspension of permit to operate for
Thirty (30) days.

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ARTICLE K
Requirement for Non-Resident Contractors and Suppliers Transacting
Business in all Government Agencies, Government Instrumentalities,
Public Corporations and Quasi-Public Corporations

Section 11K.01. Regulated Act.

No person shall transact business in all Government Agencies, Government


Instrumentalities, Public Corporations and Quasi-Public Corporations for Projects to be
established or implemented within the territorial jurisdiction of Maramag, Bukidnon
without the required Mayor’s Permit.

Section 11K.02. Definition of Terms. As used in this Article:


a. Contractor – refers to a person, natural or juridical, not subject to
professional tax under Section 139 of the Local Government Code,
whose activity consist essentially the provision 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;

b. Government Agency – refers to any department, bureau, office,


commission, authority or office of the government authorized by law or
executive order to make rules, issue license, grant rights and privileges,
and adjudicate cases, to include the Provincial, Municipal and Barangay
Government;

c. Government Instrumentality – refers to any agencies of the National


Government, not integrated within the department framework, vested
with special functions or jurisdiction by law, endowed with some, if not
all corporate powers, administering special funds, and enjoying
operational autonomy, usually through a charter;

d. Mayor’s Permit – refers to a document to be issued by the Municipal


Mayor upon presentation of the Official Receipt issued by the Municipal
Treasurer for the payment of such permit;

e. Non-Resident Contractor and Supplier – refers to any person who


does not have business establishment in Maramag but transact business
or enters into contract with any Government Agencies, Government
Instrumentalities, Public Corporations, and Quasi-Public Corporations in
the Municipality of Maramag;

f. Public Corporation – refers to a corporation, owned and operated by


a government, established for the administration of certain public
programs;

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g. Quasi-Public Corporation – refers to a type of corporation in the
private sector that is backed by a branch of government that has a public
mandate to provide a given service. Most quasi-public corporations
began as government agencies, but became separate entities;

h. Supplier – refers to any non-resident person transacting business in the


Municipality of Maramag providing the following, but not limited to
industrial, agricultural and office supplies and materials.

Section 11K. 03. Administrative Provisions.


a. Prior to the conduct of any bidding activity, all Government Agencies,
Government Instrumentalities, Public Corporations, and Quasi-Public
Corporations shall inform all participating bidders about the provision of
this Article;

b. The Contractor/Supplier who wins the bidding shall pay the Mayor’s
Permit fee at the Municipal Treasurer’s Office; and

c. All Government Agencies, Government Instrumentalities, Public


Corporations, and Quasi-Public Corporations located in Maramag, in
coordination with the Municipal Treasurer’s Office shall be primarily
responsible for the enforcement of this article.

Section 11K. 04. Penal Provision.


Any non-resident contractor or supplier who violates the provision of this article
shall be fined an amount of Two Thousand Five Hundred Pesos (P2,500.00).

ARTICLE L
Advertisement of Cigarettes and Other Tobacco Products, and Electronic
Cigarettes

Section 11L. 01. Prohibited Act.

No person shall be allowed to advertise and promote cigarettes and other


tobacco-based products to include electronic cigarettes.

Section 11L. 02. Definition of Terms. As used in this Article:

a. Advertising and Promotion – refers to any form of commercial


communication, recommendation or action with the aim, effect or likely
effect of promoting a tobacco product or tobacco use either directly or
indirectly. For purposes of this Article, it shall likewise apply to Electronic
Nicotine Delivery Systems (ENDS).

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b. Electronic Nicotine Delivery System (ENDS) – refers to any device
such as electronic cigarette (e-cigarettes), electronic shisha (e-shisha), and
other similar device, whether or not it is used to deliver nicotine and other
components to the user through the act of vaping that resemble the act of
smoking or the outward appearance of smoking products.

c. Minor – refers to any person below eighteen (18) years old.

d. Outdoor Advertisement – refers to any sign, model, placard, board,


billboard, banner, bunting, poster, streamer, paint-on, light display, device,
structure or representation, employed outdoors or visible from outside,
wholly or partially to advertise or promote a tobacco product or ENDS to the
public.

e. Person-In-Charge – refers to: in case of public places, public outdoor


spaces, workplaces, and point-of-sale, the president/manager in case of a
company, corporation, partnership or association, the
owner/proprietor/operator in case of a single proprietorship, or the
administrator in case of government property, facility, office or building; in
case of public conveyances, the owner, driver, operator, conductor, or
captain of the public conveyance; in case of schools, the municipal schools
superintendent, school president, dean or principal.

f. Public Conveyance – refers to modes of transportation servicing the


general population, such as, but not limited to, elevators, airplanes,
jeepneys, buses, taxicabs, tricycles and other similar vehicles.

g. Public Place – refers to any place, fixed or mobile, that is accessible or


open to the public or a place for collective use, regardless of ownership or
right to access, including but not limited to, school, workplace, government
facility, establishment that provide food and drinks, accommodation,
merchandise, professional services, entertainment or other services. It also
includes outdoor space where facilities are available for the public or where
a crowd of people would gather, such as, but not limited to, playgrounds,
sports grounds or centers, church grounds, health/hospital compounds,
transportation terminals, markets, parks, resorts, walkways/sidewalks,
entrance ways, waiting areas, and the like.

h. Sponsorship – refers to any form of contribution to any event, activity or


individual with the aim, effect or likely effect of promoting a tobacco product
or tobacco use either directly or indirectly.

i. Tobacco Product – refers to the product entirely or partly made of the


leaf tobacco as raw material which is manufactured to be used for smoking,
sucking, chewing or snuffing, such as but not limited to cigarette, cigar,
pipe, shisha/hookah and chew tobacco.

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j. Tobacco Industry – refers to organization, entity, association, and
individual that work for on in behalf of the tobacco industry, such as, but
not limited to, tobacco manufactures, wholesale distributors, importers of
tobacco products, tobacco retailers, front groups and any other individuals
or organizations, including, but not limited to lawyers, scientists and
lobbyists that work to further the interests of the tobacco industry that
compete with those of tobacco control.

k. Tobacco Industry Interference – refers to a broad array of tactics and


strategies used by the tobacco industry to interfere with the setting and
implementation of tobacco control measures.

l. Workplace – refers to any place used by people during their employment


or work, whether done for compensation or voluntarily, including all
attached or associated places commonly used by the workers in the course
of their work (for example, corridors, elevators, stairwells, toilets, lobbies,
lounges). Vehicles used in the course of work are considered workplaces.

Section 11L. 03. Administrative Provisions.

a. The following acts are declared unlawful and prohibited by this Article:
 Ordering, instructing or compelling a minor to advertise or promote
tobacco products and/or ENDS;
 Placing cinema or outdoor advertisements of tobacco products and/or
ENDS;
 Placing, posting, displaying or distributing advertisement and
promotional materials of tobacco products or ENDS, such as but not
limited to leaflets, posters, display structures and other materials within
an establishment when such establishment or its location is prohibited
from selling tobacco products and/or ENDS;
 Placing, posting, displaying or distributing advertisement and
promotional materials of tobacco products or ENDS, such as but not
limited to leaflets, posters, display structures and other materials that
show a tobacco/ENDS brand’s name (including company name), logo or
indicia, such as in a point-of-sale establishment, where minors are
allowed entry;
 Conducting promotional activities, campaigns, events, product sampling,
and the like, where the establishment or its location is prohibited from
selling tobacco products and/or ENDS, and/or where minors are allowed
entry;
 Displaying and placing tobacco products and/or ENDS in open store
shelves/racks, except in enclosed, opaque and single-colored
storages/containments;
 Facilitation, participation or partnership engaged by any government
official or personnel, regardless of employment status (permanent,
casual, contractual, job order, consultant or special appointment) in any
form of contribution, sponsorship or corporate social responsibility (CSR)
activity, event, program or project by a tobacco company, tobacco

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industry front groups, or any representation working to protect tobacco
industry interests, executed for or within the territorial jurisdiction of the
Maramag, Bukidnon with the aim, effect or likely effect of promoting a
tobacco product and/or ENDS, its use either directly or indirectly.

b. Coverage. This Article shall apply to all persons, whether natural or juridical,
whether resident or not, and in all places, found within the territorial
jurisdiction of the Municipality of Maramag, Bukidnon.

c. Enforcement on Individuals. Members of the Local Philippine National Police


and/or persons duly deputized by the Local Chief Executive shall apprehend
and issue Citation Tickets against persons found violating this Article. They
shall forward copies of the tickets they issue violators to the Municipal
Treasurer’s Office regularly or per week. If the violator is a minor (person
below 18), he or she must be brought to the nearest Social Welfare and
Development Officer for dispensation of appropriate action, subject to RA
9344 (Juvenile Justice and Welfare Law) and/or to the school authorities at
the school where the minor is enrolled.

j. Enforcement on Public Conveyances. Members of the Local Philippine


National Police and/or persons duly deputized by the Task Force shall
inspect public conveyances during their regular hours of operation and shall
issue Citation Tickets upon discovery of any violation of this Article. They
shall forward copies of the tickets they issue violators to the Treasurer’s
Office regularly or at least once a week.

d. Enforcement on Establishments. An inspection team composed of


representatives from the Municipal Health Office, Municipal Engineer’s
Office, Permits and Licenses Office, and other members of the Task Force,
shall conduct inspections of establishments and buildings to determine their
compliance with the provisions of this Article. Regular inspection shall
thereafter be conducted at least once every month or simultaneously with
other regular inspections done by the appropriate municipal office or
department, whichever is more frequent, during normal hours of operation
of the establishment.

e. Confiscation or Removal. Tobacco products, ENDS and their


advertising/promotions paraphernalia associated with any violation of the
prohibited acts in this Article may be subject to confiscation and/or removal.

f. Suspension or revocation of business license or permit (in case of a business


entity or establishment), if applicable.

g. All applicable laws, rules and regulations governing the advertisements of


cigarettes and the like shall form part of the provisions of this Article.

Note: transfer to Chapter on Health


Section 11L. 04. Penal Provision.

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Any person who violates this Article shall be fined with Two thousand Five
Hundred Pesos (P2,500.00) or imprisonment for a period not exceeding six (6)
months, or both at the discretion of the court.

CHAPTER XII
AMUSEMENT, GAMES AND RECREATION

ARTICLE A
Amusement Centers

Section 12A.01. Regulated Act.

No person shall operate any public amusement center without a required


permit.

Section 12A.02. Definition of Terms. As used in this Article:

a. Required Permit – refers to Building Permit, Sanitary Permit and Mayor’s


Permit.

b. Amusement Center – refers to disco houses, pub houses, cabarets, KTV


bars, beerhouses, cocktail lounge, bars, and the like, which offer
entertainment to the public and who charge the customer for the services
rendered.

Section 12A.03. Administrative Provisions.

a. The Municipal Health Officer in coordination with the Municipal Engineer and
Fire Protection Bureau, or their duly authorized representatives shall
conduct a joint ocular inspection on amusement establishments and
recommend to the Local Chief Executive for issuance of a business permit
upon compliance of other requirements thereof and payment of
corresponding fees imposed under existing ordinance;

b. The Municipal Engineer in his capacity as the Municipal Building Official shall
see to it that all building requirements pursuant to the provisions of the
National Building Code are complied with by the applicant;

c. The Municipal Health Officer shall be responsible in the enforcement of this


article with regard to sanitary requirement and the Municipal Engineer in
terms of building permit regulations;

d. Suspension or revocation of business license or permit (in case of a business


entity or establishment), if applicable; and

e. The Municipal Bureau of Fire Protection Officer shall be responsible in the


enforcement of this article with regard to fire safety requirement.

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Section 12A.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than six (6) months, or both at the discretion of the court.

ARTICLE B
Video Game Operation

Section 12B.01. Regulated Act.

No person shall operate video game machine, play station, internet café without
first obtaining a Mayor’s Permit.

Section 12B.02. Definition of Terms. As used in this Article:

a. Video Game – refers to all types of computer games, video carera, play
stations, and the like.

b. Minor – refers to 17 years old and below.

Section 12B.03. Administrative Provision.

a. Operation of video game center shall not be allowed to be established within


a two hundred (200) meter radius from any educational, religious
institutions and public building;

b. Operator or owner of video game center shall not allow any minor or student
to enter or loiter in their establishment during school days;

c. Suspension or revocation of business license or permit (in case of a business


entity or establishment), if applicable; and

d. The Local Philippine National Police in coordination with the Barangay


Officials shall monitor operation of video game establishment and
implement provision of this article.

Section 12B.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized by a
fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or
imprisonment for not more than ten (10) days, or both at the discretion of the court.

ARTICLE C
Operation of Billiard or Pool Hall

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Section 12C.01. Regulated Act.

No person shall operate and maintain a billiard pool hall without a permit from
the Local Chief Executive and paying the corresponding fees imposed under existing
Tax Ordinance.

Section 12C. 02. Definition of Term. As used in this Article:

a. Minor – refers to 17 years old and below.

Section 12C. 03. Administrative Provisions.

a. Operation or establishment of billiard or pool hall shall be allowed provided,


it is not within a two hundred (200) meter radius from any religious or
educational institutions;

b. Operators or owner of billiard or pool hall shall not allow student or minor
(below 17 years old) to enter or loiter during class hours unless the said
minor is employed or an aide in the establishment;

c. Minors maybe allowed to play billiard or pool from 5:30 P.M. to 7:00 P.M.
during weekdays; and

d. The Local Philippine National Police in coordination with the Barangay


Officials shall be responsible in the enforcement of this article.

Section 12C.04. Penal Provision.

Any person who violates any provision of this article shall be penalized by a fine
of not more than Two Thousand Five Hundred Pesos (P 2,500.00), or imprisonment
for not more than ten (10) days, or both at the discretion of the court.

ARTICLE D
Regulations and Requirements Prior to Operation of
Internet Cafes or Computer Rental Shops/
Computer Gaming Shops or Centers

Section 12D. 01. Regulated Act.

No person shall establish or operate an internet café or computer rental


shop/computer gaming shop or center without complying the requirements and
building specifications provided under Section 3 of this article.

Section 12D. 02. Definition of Terms. As used in this Article:

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a. Person – refers to operators or owners of internet cafes or computer rental
shops/computer gaming shops or centers.

b. Internet – refers to the worldwide system of computer networks in which


a computer user can directly get information from any other computer in
the network.

c. Internet Pornography – refers to the visual representation or images


showing prohibited acts mentioned in Section 3 (d) hereof through any of
the electronic devises or means with the end view of satisfying the lust or
sexual desire, regardless of geographic location, including but not limited to
the following: digital camera, camera equipment, mobile phones, webcam
or similar gadgets.

d. On-line gambling – refers to internet gambling, it is typically betting on


casino or sports type games over the internet.

e. Violent Site – refers to a web site on the internet which downloads brutal,
furious, vicious, and forceful materials like eating the organs, chopping
brains, slicing human body parts and etc.

f. Webcam – refers to a video or digital cameras, usually attached directly to


a computer designed to take photographs or images and transmit them over
the internet.

Section 12D.03. Administrative Provisions.

a. All owners/operators of internet café or computer rental shops/computer


gaming shops or centers shall be required to submit the following
documents to the Business Permit and Licensing Office (BPLO):

1) Barangay Clearance
2) Residence Certificate
3) Homeowner’s Association Clearance (if located within subdivision) or
4) Sanitary Permit from the Municipal Health Office
5) Fire Safety Clearance from the Bureau of Fire Protection
6) Picture of establishment with permanent signboard
7) Contract of lease, business permit of lessee (if leased)
8) Accreditation with the Internet Café Association of Maramag or any
municipality/city government accredited internet association (if
available)
9) Electronics Plan signed and sealed by a Professional Electronics Engineer
10) Other document as may be required by the BPLO/OBO.

b. All owners/operators of internet café or computer rental shops/computer


gaming shops or centers must comply with the following specifications set
by the Office of the Building Official (OBO);

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1) Proper ventilation (as may be specified by the OBO)
2) Front wall panel is fifty percent (50%) transparent (free from any
obstruction) to allow a clear view of the interior of the establishment
3) Adequate lighting both inside and outside of the establishment to allow
a clear view of the interior at all times
4) No enclosed cubicles

c. The owners/proprietors and managers of internet cafes or computer rental


shops/computer gaming shops or centers are required to perform and
undertake the following measures in their operation:

1) Inspect the I.D.s and teacher’s approval in doing research allowing


pupils/students/learners to enter the premises.
2) Display the necessary warning against access to pornographic and on-
line gambling sites. “INTERNET PORNOGRAPHY AND ON-LINE
GAMBLING ARE PROHIBITED.”
3) Install filtering software to remove access to all pornographic and on-
line gambling sites.

d. The Inspection Team, composed of representatives from the BPLO, OBO


Inspectorate Team, Office of the Local Chief Executive and the Local
Philippine National Police and Fire Marshall shall conduct regular inspection
of establishments during their business hours to ensure compliance of this
article;

e. The Inspection Team shall recommend appropriate measures for any


violations of this article;

f. In case of complaints received from the concerned citizens against an


internet café or computer rental shop/computer gaming shop or center, the
Inspection Team shall act within seven (7) days and submit a report to the
Local Chief Executive not later than fifteen (15) days from the first
inspection;

g. The operators of internet café or computer rental shop/computer gaming


shop or center shall provide fire-fighting equipment and facilities as required
by the Fire Code of the Philippines with the guidance of the Municipal Fire
Marshall; and

h. The Local Chief Executive or his/her authorized representative in


coordination with the Municipal Engineer’s Office (MEO), Office of the
Building Official (OBO), Bureau of Fire Protection Office and Business Permit
and Licensing Office (BPLO) shall be responsible in the enforcement of this
Article.

Section 12D. 04. Penal Provision.

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Any person who violates any provision of this article shall be penalized with a
Fine of Two thousand and five hundred pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE E
Regulations on the Actual Operation of
Internet Cafes or Computer Rental Shops/
Computer Gaming Shops or Centers

Section 12E. 01. Prohibited Act.

No person shall be allowed any pornographic or lewd materials inside internet


cafes or computer rental shops/computer gaming shops/centers or within the
premises of the establishments.

Section 12E.02. Definition of Terms: As used in this Article:

a. Minor – refers to a person below 18 years old.

b. Pornographic Site – refers to a website with display of erotic behaviour


intended to cause sexual excitement.

c. Satanic Site – refers to the sinister, devilish, wicked, evil and fiendish
website on the internet.

d. Surfing – refers to the act of exploring a sequence of web sites in a random


or unplanned manner.

Section 12E. 0.3. Administrative Provisions.

a. The following acts are considered regulated or prohibited activities inside


internet cafes or computer rental shops/computer gaming shops/centers or
within the premises of the establishments:

1. Performing or exhibiting in front of a digital camera, computer video


camera, camera equipped mobile phones, webcams and the like, any of
the following acts, either for free or for consideration , promise or
reward:
1.1 Actual or simulated sexual intercourse, including genital, oral-
genital, anal- genital , or oral- anal, whether between same or
opposite sex
1.2 Bestiality (sexual relations with an animal)
1.3 Masturbation
1.4 Sadistic or masochistic abuse
1.5 Use of vibrator or any instrument where the genitals, breast or
pubic area of any person is exhibited
1.6 Watching somebody performing activities cited in items (1.1) to
(1.5)

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1.7 Other activities which are of similar nature.

2. Surfing internet websites which contain pornographic or lewd materials,


satanic/ violent materials whose or those that advertise or promote
prostitution

3. Producing, distributing, and transmitting images or visual representation


depicting the above-cited prohibited acts in Section 2, under item (1) (
sub items 1.1 to 1.7)

4. Using, consuming or trading of prohibited drugs, intoxicating


liquour/beverages, cigarettes within the premises

5. Gambling on-line and or betting among customers within the premises

6. In the case of students of minor age, the following acts are likewise
prohibited:
6.1 Entering the premises wearing school uniform (except for
students who will be doing research work/school work in internet
cafes or computer rental shops during vacant/free school hours
with teacher’s permission note)
6.2 Entering the premises during school hours (except for students
who will be doing research work/school work in internet cafes or
computer rental shops during vacant/free school hours with
teacher’s permission note)

7. For both students and out of school youth of minor age, entry to the
premises during curfew hours (from 11:00 p.m. to 6:00 a.m. of the
following day) is likewise prohibited except when accompanied by a
parent or guardian.

8. For minors:
8.1 Minors aging 1 to 3 years old are prohibited to enter in internet
establishments due to radioactivity of the computers.
8.2 Minors aging 4 to 8 years old accompanied by a parent or
guardian are allowed but limited only to games and internet sites
that are suitable to their ages.
8.3 Minors aging 9 to 15 years old are allowed to surf the internet
and play games.

9. Viewing of pornographic sites is strictly prohibited.

b. In case of complaints received from the concerned citizens against an


internet café or computer rental shop/computer gaming shop or center, the
Inspection Team shall act within seven (7) days and submit a report to the
Local Chief Executive not later than fifteen (15) days from the first
inspection.

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c. The Local Philippine National Police in coordination with the Barangay
Officials, Barangay Tanod/Bantay Bayan and the law enforcers shall monitor
the operation of video game establishments, play stations and the like
especially during school days to ensure compliance of this article;
d. Pupils or students conducting research to internet cafes or computer rental
shops/computer gaming shop or centers during school hours shall present
a letter/certification authorizing the conduct of research to the
apprehending officer for verification;
e. Any pupil or student found loitering in internet cafes or computer rental
shops/computer gaming shops or centers during school days shall be
penalized by confiscation of Identification Cards, which shall be submitted
to the school disciplinarian/guidance councillor for proper action; and
f. The Local Chief Executive or his/her authorized representative in
coordination with the Local Philippine National Police and the law enforcers
shall be responsible in the enforcement of this article.

Section 12E. 04. Penal Provision.

Any person who violates any provision of this article shall be penalized with a
Fine of Two thousand and five hundred pesos (P2,500.00) or imprisonment for six (6)
months, or both at the discretion of the court.

ARTICLE F
Conduct of Street Performances along Identified Public Areas
within the Municipality of Maramag, Bukidnon

Section 12F.01. Regulated Act.


No person shall be allowed to conduct street performances beyond the
identified public areas within the Municipality of Maramag, Bukidnon.
Section 12F.02. Definition of Terms. As used in this Article:
a. Alcoholic Beverages – refers to drinks that contains more than 40%
alcohol wherein if consumed in higher doses would cause intoxication or
drunkenness.

b. Arts And Recreation – refers to an activity which is often done for the
purpose of enjoyment, amusement or pleasure only.

c. Hypnotism – refers to the act of producing a state-like sleep in a person


in which he or she will respond to suggestions made by the hypnotist.

d. Mayor’s Clearance – refers to a document issued by the Local Chief


Executive to a street vendor-performer which authorizes the latter to
proceed in the conduct of a street performance for the purpose of attracting
the crowd to thereby promote and sell products.

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e. Police Clearance – refers to the document issued by Local Philippine
National Police indicating that the subject applicant has no criminal
convictions or criminal records. The same is a pre-requisite of the Local
Government Unit of Maramag prior to the issuance of a Mayor’s clearance.

f. Pornographic Material – refers to materials depicting erotic behaviour


and are intended to cause sexual excitement.

g. Public Area – refers to alleys, avenue, back-alley, boulevard, by-way or


by-road, lane, passageway, street, thoroughfares, pavements/ sidewalks
and walkways located within the territorial jurisdiction of the Municipality of
Maramag, Bukidnon only.

h. Republic Act (RA) 7183 – refers to the law regulating the sale,
manufacture, distribution and use of firecrackers and other pyrotechnic
devices.

i. Product Promotion – refers to an activity undertaken through a street


performance in order to attract the attention of the crowd.

j. Street Performances – refers to activities which includes, but not limited


to the following: singing, dancing, acting, painting, playing musical
instruments, juggling, magic, pantomime, character impersonation,
acrobatics and other similar activities done in the streets either to attract
crowd for sales promotion purpose or simply for arts and recreation purpose
only.

k. Street Performer – refers to an individual who performs on the streets


providing entertainment to the public either for sales promotion purpose or
simply for arts and recreation only.

l. Street Vendor-Performer – refers to an individual selling


products/merchandises in the streets and at the same time conducting an
exhibition in order to attract and gather the crowd to thereby promote
products.

Section 12F.03. Administrative Provisions.


a. REGULATIONS:
1) Street performers shall not be allowed to perform within 50 meters from
any hospital, funeral parlors, schools and libraries, church and any place
of worship and similar places which requires a peaceful atmosphere;
2) Street performers shall not obstruct the pathways of the entrance to any
government and business establishments during office or business
hours;

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3) Street performers shall not perform in public areas where an authorized
street festival, parade, or any other special event is being held without
permission from the event sponsor or organizer;
4) Street performers, as well as his props and equipment making undue
interference shall not block or obstruct the free and safe movement of
the pedestrians;
5) Street performers shall not construct or erect indelible stage, platform
or similar structure to be used during a performance;
6) Street performers shall not leave his personal belongings or properties
within the site after the performance;
7) Street performers shall not litter at the performance site, and shall
maintain the area free of trash by depositing the same to proper
receptacles;
8) Street performers shall not display materials which are pornographic or
obscene in nature;
9) Street performers shall not use any defamatory and insulting language
or make any gesture which tends to inflict injury, incites riot, or incite an
immediate breach of peace;
10) Street performers shall not use sharp objects such as knife, sword, axe,
saw, and similar objects which can cause serious body injury to any
person. The use of fire, firearms and other dangerous substances such
as gasoline and muriatic acid during a street performance is also
prohibited;
11) Street performers shall not use illegal firecrackers and pyrotechnic
devices prohibited under Section 3 of RA 7183 such as atomic big
triangulo and super lolo and their equivalent;
12) Street performers shall not conduct hypnotism and other similar activity
to his audience to subconsciously make the latter involuntarily execute
something as commanded by the former;
13) Street performers shall not be allowed to perform when the same is
under the influence of alcoholic beverages and/or illicit drugs;
14) Street performers shall not intimidate or harass his audience and the
passers-by by means of physical harm and the use of abusive and
offensive words in order to obtain money in exchange for his/ her
performance;
15) Street performers shall not charge any fee as a compensation for his
performance. Performers may accept monetary contributions in
exchange for a performance on a donation basis only;
16) Street performers shall not connect to any electrical outlets or power
sources owned by the Municipal Government. Performers shall provide
for their own power sources;
17) Without obtaining a Mayor’s Clearance, a street vendor-performer shall
not be allowed to sell goods, wares and other merchandise and conduct
a performance in order to promote and sell products;

b. IMPLEMENTING RULES:

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1) The purpose or the type of performance to be exhibited must be
specifically indicated in the Mayor’s Clearance in order to prevent fraud
and deception;

2) The barangay government has the jurisdiction over all street


performances intended to be executed within the territorial jurisdiction
of their respective barangays; and

3) School-related activities and government-sponsored activities are


exempted from Section 4 (a) (d) and (p) of this Article, however,
compliance to other provisions of the said section must be strictly
observed.

c. APPREHENDING OFFICERS:
1) Local Philippine National Police;
2) Law Enforcers;
3) Officials of the twenty (20) barangay government in the Municipality of
Maramag;
4) Barangay Tanod/Bantay Bayan of the twenty (20) barangay government
in the Municipality of Maramag

d. IMPLEMENTING AGENCY:
The Local Chief Executive in coordination with the following shall have the
primary responsibility for the enforcement of the provisions of this Article, and the
enforcement of the corresponding penalties to violators in accord with the amounts
stipulated in Section 10 of this Article:

a. Public Information Officer;


b. Officials of the twenty (20) barangay government in the Municipality of
Maramag;
c. Barangay Tanod/ Bantay Bayan of the twenty (20) barangay government in
the Municipality of Maramag.

SECTION 12F.04. Penal Provision.


Any person caught violating any provision of this Article shall be penalized with
a Fine of P2,500.00 and an imprisonment not to exceed one (1) month or both at the
discretion of the court.

CHAPTER XIII
INFRASTRUCTURE

ARTICLE A
Occupancy, Utilization and Construction Ban on Road Right of Way, Park
and Plaza

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Section 13A.01. Prohibited Act.

No person shall occupy, utilize for whatever purpose and construct any
structure within road right of way, streets, parks, plaza and public vacant lots.

Section 13A.02. Definition of Terms. As used in this article:


a. Structure – refers to any permanently or temporarily installed building
occupying, utilizing the road right of way, parks and plazas.

b. Building – refers to any materials used for drying agri-products, display


goods and merchandise, and any other materials that is used for occupying,
utilizing the road right of way.
Section 13A.03. Administrative Provision.

The Local Chief Executive in coordination with the Municipal Engineer, Local
Philippine National Police and Barangay Officials shall be responsible in the
enforcement of this article.

Suggestions: Easements include

Section 13A.04. Penal Provision.

Any person who violates any provision of this article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six month
or both fine and imprisonment at the discretion of the court.

ARTICLE B
Illegal Diggings of any Forms of Pipes

Section 13B.01. Prohibited Act.


No person shall be allowed to dig, possess, buy and sell all forms of pipes
owned by the Maramag Water District in this Municipality.
Section 13B.02. Definition of Terms. As used in this Article:
a. Person – refers to individual/group of people who illegally digs, possess
and buy and sell any form of pipes owned by the Maramag Water District.
b. Pipe – refers to tubular hollow object used for conveying water owned by
the Maramag Water District.
Section 13B.03. Administrative Provision.

The Local Chief Executive in coordination with the Municipal Engineer, Local
Philippine National Police, Maramag Water District and Barangay Officials shall be
responsible in the enforcement of this article.

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Section 13B.04. Penal Provision.

Any person who violates any provision of this article shall be fined Two
Thousand Five Hundred Pesos (P 2,500.00) or imprisonment not to exceed six month
or both fine and imprisonment at the discretion of the court and confiscation of the
pipes in favour of Maramag Water District.

ARTICLE C
Requirements for the Construction, Operation and Maintenance of Base
Stations of Cellular Mobile Telephone Services, Broadcasting Services, and
Other Wireless Communication Services

Section 13C.01. Regulated Act.

No person shall construct, operate and maintain Base Stations of Cellular Mobile
Telephone Services, Broadcasting Services, and other Wireless Communication
Services within Maramag, Bukidnon without the required documents.

Section 13C. 02. Definition of Terms. As used in this Article:


a. Base Station – refers to a part of a cellular network that contains radio,
antenna, and other appurtenances necessary to provide coverage for
subscribers of cellular mobile telephone service, paging service, trucking
service, wireless local loop service, and other wireless communication
service.

b. Broadcasting Service – refers to the transmission over the air


commercial radio or television messages for reception of a broad
audience in geographic area.

c. Cellular Mobile Telephone Service – refers to a public radio


telephone service by which means of mobile, portable or fixed terminal
equipment, gives two-ways access to the public switched telephone
network and other mobile telephone stations.

Section 13C.03. Administrative Provisions.

a. The following shall be secured in the construction of Base Stations:

1) Vicinity Map drawn to a scale of 1:1,000 showing the exact location


of the proposed base station and major landmarks within the radius of
200 meters;

2) Site Plan drawn to a minimum scale of 1:500 indicating the following


features:
1. Lay out of the proposed project showing all structures
2. Area and boundaries of lot (property line)

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3) Evidence of Lot Ownership in the form of a certified copy of Original
Transfer of Certificate of Title. In the absence thereof, a Contract To
Sell Or Lease; or a written and duly Notarized Owner’s Consent To
Use; or Tax Declaration with Proof of Ownership from the Municipal
Assessor’s Office;

4) Certified true copy of National Telecommunication Commission’s


Provincial Authority (NTCPA);

5) Zoning Clearance from the Municipal Planning and Development


Office (MPDO);

6) Environmental Clearance from the Municipal Environment and


Natural Resources Office (MENRO);

7) Endorsement by the Sangguniang Bayan for the issuance of ECC;

8) ECC from the Environment Management Bureau of DENR;

9) Radiation Protection Evaluation Report from the radiation service


of the Department of Health (DOH);

10) Health and Safety Management Plan from the Department of Health
(DOH);

11) Height Clearance from the Air Transportation Office (ATO);

12) Electronics Plan specified in the National Building Code of the


Philippines and its Revised IRR;

13) Written consent from the following:

1. If the base station is to be located within the residential zone with an


established homeowner’s association, a Resolution of approval
from the governing body of the duly constituted
homeowner’s association members whose properties are
adjoining on the proposed site of the base station. In the absence of
an established homeowners associations, a consent of non-
objection from majority of the actual occupants and owners of
properties within a radial distance equivalent to the height of the
proposed base station measured from its base, including all those
whose properties are adjoining the proposed site of the base station;

2. If the base station will be constructed on top of an occupied building,


the following shall be obtained, viz:
i. Consent/affidavit of non-objection from
owner/developer unless he has divested himself from

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all interests in the building and turned-over ownership of
common areas to the condominium or building association,
and;
ii. Resolution approval of the governing board/body
of the duly constituted condominium association
including all tenants occupying the topmost floor directly
below the base station, and consent of the owner and
majority tenants of the adjoining buildings.

The written consent shall be applicable only when there is an


approval of variance from the Local Zoning Body of Adjustment
Appeals (LZBAA).
b. The applicant shall comply the following requirements prior to the issuance
of a Social Acceptability Endorsement from the Sanggunian, viz:

1) Public Consultation;
2) Barangay Council Resolution where the proposed station is to be located;
3) Zoning Clearance from the Municipal Planning and Development Office
(MPDO);
4) Environmental Clearance from the Municipal Environment and Natural
Resources Office (MENRO)

c. A Building Permit shall not be issued for the construction of base stations,
broadcasting service, and wireless communication service in the
municipality without the Social Acceptability Endorsement and
Environmental Compliance Certificate (ECC) issued by the Department of
Environment and Natural Resources;

d. Base stations shall conform to the zoning regulation as provided in the


Zoning Ordinance of the Municipality;

e. Base Station Service, Broadcasting Service, and other Wireless


Communication Service shall conform to the setback requirements as
provided in the National Building Code. The same shall be inspected by the
Municipal Building Inspector;

f. All structures adjoining the Base Station, Broadcasting and Wireless


Communication Service and those with the radial distance equivalent to the
height of the tower, must be insured by the concerned provider. The said
insurance shall cover any and all damages, in case of collapse of the tower
due to natural deterioration, or that which may be caused by fortuitous
events such as strong wind, typhoon, and other calamities;

g. The penalty under this article shall be paid within Seventy Two (72) hours
from the date of receipt of the Notice of Violation issued by the Office of the
Building Official (OBO) or the Municipal Planning and Development Office
(MPDO);

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h. Failure of the offender to pay the aforementioned fine after being served
with the notice of violation, and upon recommendation of the Municipal
Planning and Development Office or the Office of the Building Official, the
Local Government Unit of Maramag shall forward or file the appropriate
complaint at the Office of the Municipal Prosecutor or the Municipal Trial
Court (MCTC);

i. The Municipal Engineer’s Office (MEO), the Office of the Building Official
(OBO), the Municipal Environment and Natural Resources Office (MENRO),
the Sangguniang Bayan Office (SBO), and the Municipal Planning and
Development Office (MPDO) shall be responsible for the enforcement of this
article; and

j. All applicable provisions of the National Telecommunication Commissions


and related national laws, rules and regulations shall form part of this article.

Section 13C.04. Penal Provision.

Any person who violates the provisions of this article shall be penalized by a
fine of Two Thousand Five Hundred Pesos (P 2,500.00).

CHAPTER XIV
EDUCATION AND CULTURE

ARTICLE A
Basic Education

Section 14A.01. Regulated Act.

Any parent or guardian is required to send his/her children to school for basic
education appropriate to their child’s evolving capacity.

Section 14A.02. Definition of Terms. As used in this Article:

a. Basic Education – refers to elementary, secondary education and non-


formal education based on Section 2 of the Education Service Manual of
Department of Education.

b. Guardian – refers to live-in partner of the natural or adoptive mother or


father of a child or any other exercising substitute parental authority and
custody over a child as defined by “The Family Code of the Philippines”.

c. Parent – refer to natural or adoptive mother or father of a child.

Section 14A.03. Administrative Provisions.

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a. All parents and guardians shall ensure that children are given all
opportunities to develop their full potentials. Parents and Guardians shall
perform the following responsibilities:
1. Ensure that school-age children are enrolled in day care programs, kinder,
basic elementary and secondary education either in public or private
schools;
2. 3-4 years old are enrolled in the day care centers of the Municipal Social
Welfare and Development Office (MSWDO) or its equivalent in private
schools;
3. 5 years old are enrolled in kinder of the Department of Education
(DepEd) or its equivalent in private school;
4. 6-12 years old are enrolled in elementary schools either in public or
private schools;
5. 13-18 years old are enrolled in the secondary schools either in public or
private schools;
6. Monitor their children’s attendance and performance in school.
Cooperate and coordinate with educational institutions to fully develop
the child’s potentials and talents;

7. Encourage their children to engage in wholesome recreational, cultural


and artistic activities and to monitor their involvement;

8. Give proper guidance to their children on viewing television and movies,


reading printed materials and accessing information through the internet.

b. Parents who fail to ensure day care, kinder and primary education for their
school age children shall be subjected to appropriate intervention.
Parents of day care, kinder, Grade 1 pupils and first year high school
students shall be required to attend the complete module on the Parent’s
Effectiveness Seminars (PES) in coordination with Municipal Social
Welfare and Development Office, Population Development Office and
Department of Education so as to harness and develop their strength and
that they can be equipped in guiding their children.
c. Trainers training on Parent’s Effectiveness Seminars (PES) shall be
conducted by the Local Government led by MSWDO and Population
Development Office in coordination with Department of Education to the
identified participants from the different districts and re-echo the same
training to their respective districts.
d. The Local Government in coordination with Department of Education shall
monitor cases where school- age children are dropped from the roll.
e. The Local Government shall provide support to families through educational
or financial assistance program involving cases where school-age children
are deprived of basic education upon evaluation of MSWDO.
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f. This article shall be enforced and administered by the Local Chief Executive
or his/her authorized personnel in coordination with Municipal Social
Welfare and Development Office, PDO and Department of Education.

Section 14A.04. Penal Provision.

Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00) or one (1) Community Service,
and shall be required to attend Training on Parent’s Effectiveness Seminar (PES).

CHAPTER XV
LIVELIHOOD

ARTICLE A
Barkers and Dispatchers

Section 15A.01. Regulatory Act.

Any person working as Barkers/Dispatchers at the Maramag Integrated Bus


Terminal shall secure an occupational permit upon payment of fees and charges and
renewable annually.

Section 15A.02. Definition of Term. As used in this Article:

a. Barker/Dispatcher – refers to person individual who calls on passengers


to take a ride in any public utility vehicle.

Section 15A.03. Administrative Provisions.

a. The Local Economic Enterprise Office shall organized the


barkers/dispatchers;
b. The Local Economic Enterprise Office shall recommend the
barkers/dispatchers to the Local Chief Executive;
c. Occupational fee shall be secured by barkers/dispatchers working permit in
the amount prescribed by the Revenue Code;
d. The Local Economic Enterprise Office shall be responsible in the
enforcement and implementation;
e. Barker/Dispatcher shall wear Local Economic Enterprise issued ID at all
times; and
f. The member shall secure an occupational permit upon payment of an
occupational fee.

Section 15A.04. Penal Provision.

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Any person who violates any provision of this Article shall be penalized with a
Fine of Two Thousand Five Hundred Pesos (P2,500.00).

CHAPTER XVI
FINAL PROVISION

ARTICLE A
General Penal Provision

Section 16A. 01. Penal Provision.

Any violation of the provision of this Code, or of the rules and regulations
promulgated under the authority of this Code, but not covered by the specific penalty
hereof shall be punished by a fine of not exceeding Two Thousand Five Hundred Pesos
(P 2,500.00), or imprisonment of not exceeding six (6) months, or both fine and
imprisonment, at the discretion of the court.

If the violation is committed by any juridical entity, the President, General


Manager, or any person entrusted by the administration thereof at the time of the
commission of the offense shall be held or liable thereof.

Section 16A.02. Compromise Settlement Fee.

The Local Chief Executive is hereby authorized to enter into an out-of-court or


extra judicial settlement of any offense committed in violation of any of the provisions
of this Code. Subject, however, to the following conditions, viz:

a. The offense committed does not involve fraud;

b. The offender shall pay to the Municipal Treasurer a “compromise settlement


fee” of not less than Two Hundred Pesos (P 200.00), but not more than Two
Thousand Pesos (P 2,000.00), as may be agreed upon by both parties;

c. The payment of the “compromise settlement fee” above mentioned shall


not relieve the offender from the payment of the corresponding tax, fee or
charge due from him as provided under existing tax ordinance, if he is liable
thereof; and

d. No other third party shall be adversely affected by the compromise


agreement.

ARTICLE B
Miscellaneous Provisions

Section 16B.02. All applicable laws, rules, regulations and policies imposed by higher
authorities not inconsistent with the provisions of the articles of this code shall form
part of the provisions of this Code.

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ARTICLE C
Separability, Applicability, Repealing and Effectivity Clauses

Section 16B.01. Separability Clause.

If, for any reason, any provision, section or part of this Code is declared not
valid by a Court of competence jurisdiction or suspended or revoked by the authorities
concerned, such judgment shall not affect or impair the remaining provisions, sections
or parts which shall continue to be in force and effect.

Section 16B.02. Applicability Clause.

The pertinent provisions of existing applicable laws and ordinances shall govern
all other related matters not specifically provided in this Code.

Section 16B.03. Repealing Clause.

All ordinances, rules and regulations, or parts thereof, in conflict with, or


inconsistent with any provision of this Code are hereby repealed or modified
accordingly. Should there be existing general or special ordinances which were
inadvertently excluded in the codification process during the formulation of this Code,
they shall continue to be in full force and effect provided that they are not in conflict
with, or contrary to, the provisions of this Code.

Section 16B.04. Effectivity. This code shall be effective upon compliance of the
legislative processes.

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