ORDINANCE NO: 2020-463
(Sponsored by: Hon. Fernando Y. Pameron)
"AN ORDINANCE PRESCRIBING THE SUPPLEMENTARY RULES AND REGULATIONS COMMON TO ALL ECONOMIC ENTERPRISE FACILITIES ESTABLISHED AND OPERATED BY THE CITY GOVERNMENT OF PAGADIAN AND PROVIDING PENALTIES THEREOF"
WHEREAS, it is the declared policy of the state to serve and protect the people, maintain peace and order, protect the life, liberty and property, and to promote the general welfare;
WHEREAS, Article 151 of the Revised Penal Code (RPC) as amended by Republic Act No. 10951, states that resistance and disobedience to a person in authority or the agents of such person constitutes criminal offense;
WHEREAS, based on the foregoing statute, Local Government Units (LGU) may impose penalties on individuals disobeying and resisting to follow guidelines to existing rules and regulations being implemented locally and mandated by national laws;
WHEREAS, the City Government of Pagadian--concerned and alarmed over the recent incident where stallholder-lessees of the City Government facility engaged in providing basic commodities had conspired to stop operation for the simple reason that they opposed the issued policy of the local government to conduct surveillance swab test for COVID-19 as a measure to contain the further spread of such disease--find such action most prejudicial to the general public as it is tantamount to an economic disruption, for which an appropriate legislation must be instituted and formulated to preclude the recurrence of such deplorable and lamentable event;
NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) in session assembled that:
SECTION 1. Title. -- This Ordinance shall be known as "AN ORDINANCE PRESCRIBING SUPPLEMENTARY RULES AND REGULATIONS GOVERNING ALL ECONOMIC ENTERPRISE FACILITIES ESTABLISHED AND OPERATED BY THE CITY GOVERNMENT OF PAGADIAN AND PROVIDING PENALTIES THEREOF."
SECTION 2. Definition of Terms. -- For purposes of this Ordinance, the following phrase and words shall be construed to mean as follows, to wit:
ECONOMIC ENTERPRISE FACILITIES - means any of the available established trading centers where business or trading is operational and managed by the Local Government Unit of Pagadian City which shall include, but not limited to, Agora Public Market, City Commercial Center (C3), Pagadian Integrated Bus Terminal at Barangay Bulatok and the Pagadian Integrated Bus and Jitney Terminal-Annex at Santa Lucia District, Fish Port Facility and Bagsakan Center;
LESSEE/TENANT -- means official individual stallholder or space holder who have complied the necessary requirements to operate business establishment;
STALL/SPACE -- means any allotted space where merchandise is sold or offered for sale in any Economic Enterprise facilities of the City Government of Pagadian;
RULES AND REGULATIONS -- means the standard guidelines governing the operation set and agreed in any of the Economic Enterprise facilities and those mandated by national laws;
SECTION 3. Prohibitions. -- It shall be prohibited for any person or persons to do and perform the following acts and things in all Economic Enterprise facilities of the City Government of Pagadian, to wit:
3.1 To campaign and/or induce, instigate or influence any other person or persons to campaign for stoppage of operation for reason of disagreements or personal purpose;
3.2 To initiate any form of campaign that would tend to go against the management of the Economic Enterprise facilities as well as the established legal orders, policies, issuances and directives;
3.3 To allow outsiders or any other person or group of persons-whether partisan or not-to initiate or perform actions that would tantamount to defy and prejudice the general interest of the public.
SECTION 4. Governing Rule. -- In all cases of discontentment or disagreements to any legal and binding policies, rules, and regulations duly issued by the proper Local Government Authority, any individual or persons, or group of persons may be allowed to express, by way of written or verbal communications, to the management of the concerned Economic Enterprise facility or may go directly to the City Government authorities.
Such that, using or employing any outsider person or partisan group/association or initiating any action such as protests which would tend to disrupt the engagement of businesses within the Economic Enterprise facilities or may cause work stoppage that may eventually compromise the public is strictly prohibited and declared unlawful.
SECTION 5. Penal Provisions. -- Any person or persons, or individual or group of persons considered as an outsider, violating the provisions of this Ordinance shall be penalized as follows, to wit:
First Offense : A fine of Two Thousand Five Hundred (P2,500.00) Pesos or imprisonment of not less than Fifteen (15) days but not more than Thirty (30) days, or both at the discretion of the Court;
Second Offense : A fine of Three Thousand Five Hundred (P3,500.00) Pesos or imprisonment of not less than One (1) Month but not more than Six (6) Months, or both at the discretion of the Court;
Third Offense : A fine of Five Thousand (P5,000.00) Pesos or imprisonment of not less than Six (6) Months but not more than One (1) Year, or both at the discretion of the Court. In addition, the Business Permit duly issued is automatically revoked and cancelled and, the stall, space or booth occupied shall be forfeited and be forthwith declared vacant to be advertised for lease to any qualified and interested applicant.
SECTION 6. Repealing Clause. -- Any existing Ordinances inconsistent with the provisions of this Ordinance shall be deemed repealed, amended or modified accordingly.
SECTION 7. Separability Clause. -- Any provision that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal.
SECTION 8. Effectivity. -- This Ordinance shall take effect upon its approval and after publication for three (3) consecutive weeks in a newspaper of local circulation in the City of Pagadian.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 61st Regular Session on 25 November 2020 conducted via Video Conferencing.