ORDINANCE NO: 2016-359 (Sponsors: Committee on Commerce Trade & Industry & Economic Enterprises & Cooperatives; and Committee on Police Fire & Public Safety) "AN ORDINANCE PROHIBITING THE SALE OF MISLABELED/ UNLABELLED PETROLEUM PRODUCTS IN THE CITY OF PAGADIAN AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF" WHEREAS, it is the primary duty of the state to provide and promote the safety, comfort and welfare of its constituents and prevent the occurrence of man-made calamities within its jurisdiction; WHEREAS, it has been observed that unlawful retail sale of petroleum products placed in bottles and plastic containers have mushroomed in the City of Pagadian; WHEREAS, the retailers of these petroleum products have not secured any Business License or Business Permit nor have they complied with the required standards in the handling and safekeeping of these products; WHEREAS, these petroleum products are sold in sidewalks or in front of houses without the necessary safeguards and the unsold products are kept in the homes of the retailers, thus posing fire hazard to the community; WHEREAS, the quality of these petroleum fuels are unknown as they are sold in unlabeled or mislabeled bottles or plastic containers and the retailers themselves do not know whether the petroleum fuel they are selling have passed the international standards on toxic emissions nor do they know if the same is compatible for use on modern vehicles; WHEREAS, there is a need for the City Government to enact an ordinance to control the sale of unlabelled or mislabeled petroleum for the protection of the community from fire, toxic emissions and machinery breakdown; NOW, THEREFORE, be it ordained as it is hereby ordained, by the Sangguniang Panlungsod of Pagadian City, in a regular session assembled, that: SECTION 1. This Ordinance shall be known as "An Ordinance Prohibiting the Sale of Unlabelled/ Mislabeled Petroleum Products in the City of Pagadian and Providing for Penalties for Violation Thereof." SECTION 2. Definition of Terms: Petroleum Products refers to all petroleum products regularly sold in duly permitted Gasoline/Fuel Stations such as gasoline, diesel, kerosene, crude oil, other machine fuels, brake fluid, power steering fluids, gear oil and all other products which are derivatives from petroleum. Unlabelled Petroleum Products refer to all petroleum fuels, oil and other petroleum derivatives which are repacked in glass or plastic bottles or containers which are unlabelled or without a brand name or other product information in the repacked container. Mislabeled Petroleum Products refer to all petroleum fuels, oil and other petroleum derivatives which are repacked in glass or plastic bottles or containers which are labeled as any product other than petroleum product. Unpermitted or Unlicensed Petroleum Retailers refer to any person who sell petroleum products in retail or in bulk and who have not secured any business permit from the City Government of Pagadian or license from the Department of Energy and doing business within the territorial jurisdiction of the City of Pagadian. Bulk Sale Petroleum Products refer to any sale petroleum products above 200 liters. Bulk Transport of Petroleum Products refer to the transporting of petroleum products in excess of 200 liters either by the use of the road network or by sea. Legitimacy of Purchase refers to petroleum products bought from a permitted or license gasoline station and is covered with receipt of purchase from such gas station. SECTION 3. City Business Permit and Department of Energy License Required. - It is hereby declared prohibited for any person to sell anywhere within the territorial jurisdiction of the City of Pagadian any petroleum products or its derivatives for vehicle use, whether in retail or in bulk in the absence of a Business Permit issued by the City Government of Pagadian and the required license to sell from the Department of Energy. SECTION 4. Any person using a road vehicle or sea vessel transporting the aforementioned petroleum products in bulk bound for the City of Pagadian must use containers duly certified by the Department of Energy. SECTION 5. Coverage of items Prohibited. - The sale of Unlabelled or Mislabeled petroleum products or its derivatives are prohibited to wit: Gasoline; Diesel; Kerosene; crude oil; other engine oils; gear oil; brake fluid; power steering fluid; or any petroleum derivative to be used in vehicles, whether road vehicles, sea going vehicles or airplanes. SECTION 6. The above enumerated petroleum products when offered for sale or being transported in bulk by unpermitted or unlicensed persons without proof of legitimacy of purchase are hereby declared to be nuisance per se and thus may be confiscated and/or impounded outright by the authorities. The same may be released upon presentation of receipt of purchase within 24 hours from apprehension or impoundment. SECTION 7. Exempted from the bulk transport of petroleum products in plastic containers are those purchased by and bound for use by fishing fleets, common carrier such as jeepneys vans, and bus fleets and construction firms. And thus a maximum purchase of 10 liters of petroleum products for use within the rural areas. To fall under this exception, the transporter must present the receipt of purchase from a legitimate gas station or gas depot. Petroleum lorries only passing the streets of Pagadian City and bound for other municipalities are also exempted. SECTION 8. Authorized Apprehending Authorities. - The following government personnel are authorized to apprehend or arrest violators and impound or confiscate the contraband petroleum products, to wit: members of the Philippine National Police stationed in the City of Pagadian; members of the Bureau of the Fire Protection stationed in the City of Pagadian; duly appointed Environment and Natural Resources Office personnel; duly appointed Traffic Management personnel; duly appointed personnel of the City Disaster Risk Management Office; Barangay Officials and Tanods. SECTION 9. Safekeeping of confiscated/impounded petroleum products. - The City government shall designate a specific place, far from residential areas, to store confiscated or impounded petroleum products. Where possible, confiscated or impounded petroleum products shall be housed in sealed petroleum drums. The Environment and Natural Resources Office (ENRO) is hereby tasked to design and see to it that no seepage of petroleum products shall mar the deposit site. SECTION 10. Any person or persons found violating this Ordinance shall be meted out with the following penalties, to wit: For First Offense: A Citation Ticket shall be issued by the apprehending authority to the violator stipulating, among others, the personal circumstances of the person/s apprehended and the total number of glass or plastic bottles or containers or total volume of Unlabeled or Mislabeled petroleum products or its derivatives. The violator shall also be required to sign a Deed of Undertaking not to repeat the offense. The petroleum products or its derivatives including its containers which have been confiscated shall be forfeited in favor of the City Government. Should the violator refused to sign the Deed of Undertaking, he/she shall be prosecuted and the penalty of one (1) month imprisonment or a fine of Five Thousand (P5,000.00) Pesos or both, at the discretion of the court, shall be meted out. For this purpose, any motor vehicles or sea vessels used in transporting the Unlabeled or Mislabeled petroleum products or its derivatives shall be impounded and shall only be released upon payment of a corresponding penalty for the violation in the amount of Five Hundred (P500.00) Pesos plus an impounding fee of Twenty Pesos (P20.00) Per Day: For Second Offense: A Citation Ticket shall be issued by the apprehending authority to the violator stipulating, among others, the personal circumstances of the person/s apprehended and the total number of glass or plastic bottles or containers or total volume of Unlabeled or Mislabeled petroleum products or its derivatives. The violator shall also be required to sing a Deed of Undertaking not to repeat the offense. The petroleum products or its derivatives including its containers which have been confiscated shall be forfeited in favor of the City Government. Should the violator refused to sign the Deed of Undertaking, he/she shall be prosecuted and the penalty of five (5) months imprisonment or a fine of Five Thousand (P5,000.00) Pesos or both, at the discretion of the court, shall be meted out. For this purpose, any motor vehicles or sea vessels used in transporting the Unlabeled or Mislabeled petroleum products or its derivatives shall be impounded and shall only be released upon payment of the corresponding penalty for the violation in the amount of Seven Hundred Fifty (P750.00) Pesos plus an impounding fee of Thirty Pesos (P30.00) Per Day. For Third offense: A Citation Ticket shall be issued by the apprehending authority to the violator stipulating, among others, the personal circumstances of the person/s apprehended and the total number of glass or plastic bottles or containers or total volume of Unlabeled or Mislabeled petroleum products or its derivatives. The violator shall then be prosecuted and the penalty of one (1) year imprisonment or a fine of Five Thousand (P5,000.00) Pesos or both, at the discretion of the court, shall be meted out. The petroleum products or its derivatives including its containers which have been confiscated shall be forfeited in favor of the City Government. The motor vehicles or sea vessels used in transporting the Unlabeled or Mislabeled petroleum products or its derivatives shall be impounded and shall only be released upon payment of the corresponding penalty for the violation in the amount of One Thousand (P1,000.00) Pesos plus an impounding fee of Forty Pesos (P40.00) Per Day. SECTION 11. Disposal of forfeited petroleum products. - Forfeited petroleum products shall be stored at the place of storage for seven (7) working days after which the same shall be disposed as follows: The forfeited petroleum product may be released to government agencies for official use only. No privately owned vehicle, even if owned by a government employee shall benefit on the use of these items. Notice of availability of petroleum products for use shall be issued to the CMO, PNP, BFD, City Engineers Office, City Health Office, Traffic Division, City Disaster Risk Management Office and such other offices determined by the City Mayor; A responsive Notice to Avail shall be sent to the depot specifying the volume required by the interested office; No withdrawal of petroleum products shall be done unless the withdrawal is fully documented. SECTION 12. Separability Clause. - Any provisions hereof that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal. SECTION 13. Repealing Clause. - All existing Ordinances inconsistent with any of the provisions of this Ordinance shall be deemed repealed or modified accordingly. SECTION 14. Effectivity. - This Ordinance shall take effect Thirty (30) days after publication. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 6th Regular Session held on 9 August 2016 at the Sangguniang Panlungsod Session Hall, Pagadian City.