Republic of the Philippines

Province of Aklan
Municipality of Kalibo
OFFICE OF THE SANGGUNIANG BAYAN
EXCERPT FROM THE MINUTES OF THE 31ST REGULAR SESSION OF THE KALIBO SANGGUNIANG
BAYAN, PROVINCE OF AKLAN, HELD AT THE SANGGUNIANG BAYAN SESSION HALL
ON SEPTEMBER 6, 2012
PRESENT:
Hon. Nilda B. Tambong - SB Member
Hon. E. Soviet Russia A. Dela Cruz - SB Member
Hon. Ariel O. Fernandez - SB Member, Acting Presiding Officer
Hon. Arnaldo M. Tejada - SB Member
Hon. Mark Mitchell C. Sy - SB Member
Hon. George L. Quimpo - SB Member
Hon. Peter Jene N. Lao - SB Member
Hon. Rodillo L. Policarpio - SB Member
Hon. Ananias V. Solina - SB Member
Hon. Michael Angelo R. Melgarejo - SB Member
ABSENT:
Hon. Madeline A. Regalado - Vice Mayor (OIC Mayor)

“ORDINANCE NO. 2012-017

AN ORDINANCE AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 2002-016

OTHERWISE KNOWN AS “AN ORDINANCE ENACTING THE MUNICIPAL PUBLIC MARKET
AND SLAUGHTERHOUSE CODE OF THE MUNICIPALITY OF KALIBO, PROVINCE OF
AKLAN” AND THE FEES SO IMPOSED AND APPROVED HEREIN SHALL BE
INCORPORATED IN SECTION 5A.02 ARTICLE (A) CHAPTER V MARKET FEE OF
MUNICIPAL ORDINANCE NO. 2006-017 OTHERWISE KNOWN AS “AN ORDINANCE
STRENGTHENING THE LOCAL REVENUE CODE OF THE MUNICIPALITY OF KALIBO”

WHEREAS, Ordinance No. 2002-016 was approved by the Sangguniang Bayan enacting the Market
and Slaughterhouse Code of Kalibo to govern the administration and operation of the Municipal Public Market
and Slaughterhouse including the classification; construction, repair and renovation of booths and stalls therein,
imposition and collection of market rental fees and charges for use and occupancy thereof. Said Ordinance was
approved by the Sangguniang Panlalawigan on June 14, 2002 under Resolution No. 372;

WHEREAS, Ordinance No. 2006-017 was also enacted to strengthen the Local Revenue Code of
Kalibo and amending Ordinance No. 1995-0024, Municipal Revenue Code and incorporated thereat provisions
of the aforesaid Market and Slaughterhouse Code;

WHEREAS, in Art. 4, Chapter III of Ordinance 2002-016 and Section 5A.02, Art. A, Chapter V of
Ordinance No. 2006-017, Local Revenue Code of Kalibo, a Goodwill Money in the amount of Ten Thousand
Pesos (P10,000.00) is required to be paid by new lessees of market stalls at the Kalibo Public Market or at a
new rate to be prescribed by the Sangguniang Bayan to show good faith and ensure faithful occupancy of the
stall;

WHEREAS, in Art. 2, Chapter III of Ordinance No. 2002-016 and Art. A, Chapter V of Ordinance 2006-
017 provided an escalation rate of P.075/sq. m/day/year for both outside and inside stalls to be effected two
years after date of approval of said Ordinances until it reaches the 4.50/3.50 level as prescribed in the 1995
Revised Revenue Code of Kalibo;

WHEREAS, Section 4. Article I Chapter II of Market and Slaughterhouse Code of 2002, provided that
the fixed stalls, booths and tiendas situated in the best location shall be assigned higher rates per square meter
than those less favorably located: Provided, that said higher rates per square meter shall be within the range of
rates determined by the local Sanggunian;

WHEREAS, the 2002 and 2006 Ordinances however failed to foresee that in a matter of nine years,
concrete facilities in the Kalibo Public Market needs to be improved, and the utilization thereof has to be
governed by new rules and regulations for an effective, efficient and orderly management of market facilities. So
the Municipality of Kalibo, in its continuing efforts to provide quality services and facilities, has taken a major
step in the improvement of its economic enterprises, particularly at the Kalibo Public Market and obtained loans,
for the improvement and construction of additional stalls and concrete tables/spaces for vending meat, chicken
and fish (fresh/dried) sections;
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2012-017
WHEREAS, the Sangguniang Bayan in the judicious exercise of its legislative duties and obligations
conducted proper consultations, information disseminations meetings to affected parties thru its various
responsible Committees on Market/Ways and Means, Rules, Laws and Ordinances deemed it proper and
reasonable to amend certain provisions of Ordinance Nos. 2002-016 and 2006-017 to make it attune to the
present development and progress of the Municipality of Kalibo, Aklan;
WHEREAS, considering the mandate of the law that ordinances imposing taxes fees and charges have
to undergo the process of Public hearing for its legality and effectiveness, draft Ordinance No. 2012-014 was
caused to be posted in four (4) public conspicuous places which was done on July 1, 2012 and notice of Public
Hearing was send out on July 11, 2012 to interested party that was affected by the draft Ordinance, setting the
Public Hearing on July 22, 2012 at 2:00 o’clock P.M. at the 3 rd Floor of Kalibo Municipal Hall which was done in
the presence of those who responded to the said notice of Public Hearing;
NOW THEREFORE, be it ordained by the Sangguniang Bayan in session duly assembled that;
Section 1. Section 1 (q) Article 3 of Ordinance No. 2002-016 dated May 2, 2002 is hereby amended to
read as follows:
q) Market Stall - any allocated space or booth which includes the concrete market table or stalls
for chicken, fish and meat in the Public Market where merchandise of any kind is sold or
offered for sale which regular fee is collected on a defined basis.
Section 2. Section 1 (z) Article 3 of Ordinance No. 2002-016 dated May 2, 2002 is hereby amended
to read as follows:
z) Stall Holder - those who have been granted the privilege to occupy or use a concrete
table/stall/booth or newly constructed concrete table or booth where meat, chicken, fish and
other consumable goods by virtue of a Contract of Lease and payment of market fees.
Section 3. Section A Article 4 of Ordinance No. 2002-016 dated May 2, 2002 is hereby amended to
read as follows:
For Stall - the fee for the rental of market concrete table/stall shall be paid to the Municipal
Treasurer or his duly authorized representative within the first twenty (20) days of each month
or as stated in the Contract of Lease. In case of new lessee, he shall be required to pay a
minimum Goodwill Money of Ten Thousand Pesos (P10,000.00) or at new rate prescribed by
the Sangguniang Bayan to show good faith and ensure faithful occupancy of the market stall. A
fee of Five Hundred Pesos (P500.00) shall be paid upon application for a stall rental.
a) For newly constructed concrete table space the following goodwill fees shall be imposed:
a.1 For Meat Section - For use of concrete table/stall/space at the Meat Section (2.25X1
meter) space, the old rate of P10,000.00 is hereby imposed.
a.2 Fish/Chicken Section - for use of concrete table/stall/space at the Fish Section, (1X1
meter) space the goodwill fee rate is hereby fixed in the amount of Five Thousand Pesos
(P5,000.00) for Chicken Section the goodwill free rate is fixed in the amount of Seven
Thousand Five Hundred Pesos (P7,500.00) instead of P10,000.00 as provided for under
Ord. No. 2002-016 and Ord. No. 2006-017.
Mode of payment - One-time payment or could be paid in staggered basis for a maximum
period of Three (3) Months after the effectivity of Ordinance.
a.3 Space Rental - Applying the escalation clause provided for under Ord. No. 2002-016
and Ord. No. 2006-017, a rate of Four Pesos and 50/100 (P4.50) per sq. m./day is hereby
imposed to qualified meat, chicken or fish vendors, payable monthly on or before the 20 th
day of the month, payment after the due date shall be imposed 25% surcharge.
The right to lease the aforementioned concrete tables/booth/stalls cannot be transferred,
assigned or sold by the lessee except in case of death of the lessee if his/her legal spouse
and children who desire to continue the said business operations provided that they will
inform the local market authorities within thirty (30) days from the death of the lessee of the
name of their duly appointed family member who will continue the said business. No
transfer/goodwill fee shall be collected to the family representative who shall continue the
business provided the requirements so provided under Chapter IV Article 3(m) of the
Market Rules and Regulations of Ordinance No. 2002-016 shall be strictly complied with to
effect such transfer.
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2012-017

Section 4. Section 3 Article 2 of Ordinance No. 2002-016 dated May 2, 2002 is hereby amended to
read as follows:
“APPLICATION TO LEASE MARKET STALL”
That if I will become an awardee of a market concrete table/booth/stalls/space, I shall
undertake not to transfer, assign and sell my contractual rights over the said stall. In the event
that I will cease to continue my business operation, I will surrender my said concrete
table/booth/space/stall to the Municipality of Kalibo for proper adjudication.
CONTRACT OF LEASE
9. That the LESSEE further agree that his/her contractual rights over the market concrete
table/stall/space/booth cannot be transferred, assigned or sold. In the event that the
LESSEE shall cease its business operations, it shall turn over and surrender its possession
to the Municipality for proper adjudication.
Section 5. Section (i) Article 3 Chapter IV of Ordinance No. 2002-016 dated May 2, 2002 is hereby
amended to read as follows:
i) No awardee shall sublet or sublease the concrete table/stall/space/ booth so awarded. If
any person other than the stallholder is found selling in the latter’s stall, this shall be
considered as a prima facie evidence of subleasing and the stallholder shall be subject to
revocation of his lease award and permit to conduct business.
Section 6. The fee for the rental of the newly constructed concrete table/stall spaces purposely used for
vending meat, chicken and fish and other consumables shall be in accordance with the implementing rules and
regulations on the aforesaid matter as approved by the Municipal Economic Enterprise Development Office
(MEEDO) Board.
Section 7. Above Fees shall be collected before vendors are allowed to sell their goods at the
aforementioned market spaces/premises;
Section 8. This new market fee imposed hereof shall be incorporated and/or appended in the pertinent
above quoted provision of Ordinance No. 2006-017,Revenue Code of the Municipality of Kalibo, as amended;
Section 9. The implementing rules and regulations on the adjudication of market stalls shall be
determined by the Municipal Economic Enterprise Development Office (MEEDO) Board.
Section 10. Repealing Clause - All ordinances or parts of ordinances that is conflict or inconsistent with
this ordinance are hereby amended, repealed or modified accordingly.
Section 11. Separability Clause - If any provision(s) of this Ordinance be declared invalid or
unconstitutional by the courts of competent jurisdiction, the same shall not affect the validity of the other
provisions not so declared.
Section 12. Effectivity - This ordinance shall take effect immediately after compliance with the
publication requirements in a newspaper of Local Circulation.

ENACTED, September 6, 2012”.

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I hereby certify to the correctness of the above stated ordinance.

(Original Signed)
DIANA V. TORRE-FEGARIDO
SB Secretary
Attested:

(Original Signed)
ARIEL O. FERNANDEZ
SB Member
Acting Presiding Officer Approved:

(Original Signed)
WILLIAM S. LACHICA
Municipal Mayor