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(NAR) VOL. 19 NO. 1 / JANUARY - MARCH 2008

[ CPA MEMORANDUM CIRCULAR NO. 02-A, S. OF 2007, February 16, 2007 ]


Pursuant to CPC Board Resolution No. 148-2007 dated 16 February 2007, in the interest of regulating the display of merchandise by stallholders and their conduct inside the CPA passenger terminals, the following standards and house rules are hereby prescribed for the guidance of all concerned:

SECTION 1. Declaration of Policy - It is hereby the declared policy of the CPA to endeavor to produce world-class ports under its jurisdiction, which will offer globally acceptable services and facilities that cater to both local and foreign port users.

SECTION 2. Standards of Merchandise Display - Concessionaires, in the display of their merchandise, must observe the following standards:

2.1 Merchandise displayed must be limited only to two (2) to three (3) units of each kind and must be presented in such manner that they do not clutter or jam-pack the stall/booth;

2.2 Merchandise must be displayed only on counters specially designed for the purpose and must not be hanged, tacked or hooked onto walls, beams or pillars of the stall/booth;

2.3 Stocks of Merchandise must kept in cabinets, if any, or inside boxes that should be neatly piled and hidden from open view;

2.4 During upcoming holidays and fiesta celebrations, such as Christmas, Sinulog, Valentines Day and Halloween, each concessionaire must decorate his/her stall or booth in theme with the celebration;

2.5 Display stalls/booths shall only be within the rented area as per contract of lease. Unauthorized extensions are strictly prohibited;

2.6 Only approved items to be sold for every concessionaire are allowed to be displayed. Prior approval from the Business Marketing and Development Dept. (BMDD) must be secured before any additional items can be displayed.

2.7 Cleanliness and orderliness, including regular and proper garbage disposal, must be strictly observed.

SECTION 3. House Rules for Concessionaires and their Personnel - Concessionaires and the personnel must observed the following rules of conduct while inside the Passenger Terminals:

3.1 Leaseholders and/or their respective employees should be in decent and presentable attire when inside the passenger terminal. Wearing of rubber slippers, sandos and boxer shorts is strictly not allowed. Use of hairnets is also reccommended for those who handle/serve food;

3.2 Only a maximum of two (2) personnel at a time is allowed per stall/booth;

3.3 Concessionaires, their personnel and children are prohibited from loitering inside the terminal. Lying down, whether inside the stall/booth or on passenger benches, is strictly prohibited;

3.4 Cooking with gas stoves and other open fire equipment is strictly prohibited.

SECTION 4. Coverage - The standards and house rules imposed under this Circular shall apply to all passenger terminals under the jurisdiction of the Cebu Port Authority.

SECTION 5. Authority of Port Manager - The port manager having jurisdiction over the passenger terminal concerned and/or his representative shall have the authority and responsibility to:

5.1 enforce compliance of this Circular and monitor violations of the same;

5.2 issue verbal or written reprimand to any erring concessionaire or his/her personnel found to be violating any of the above house rules, furnishing a copy thereof to the BMDD; and

5.3 settle disputes between or among concessionaires insofar as the controversy involves compliance and violations of this Circular.

SECTION 6. Visitorial Powers - CPA officials and/or their representatives shall have access to the leased premises at any time of the day or night whenever business is being undertaken therein and the right to question any personnel and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Circular.

SECTION 7. Compliance with CPA Rules - All concessionaires and leaseholders shall comply with existing rules and regulations of the CPA and which the latter may hereafter issue.

SECTION 8. Cancellation/Termination of Permit/Lease Contract - The CPA shall have the right, without need of judicial action or proceedings, to revoke/cancel the permit/lease contract at any time during the lease period by serving a 7-day written notice to permit holders and 30-day written notice to the lessee, as the case may be, in the following cases:

8.1 Non-compliance with any of the terms and conditions herein or for violation of any CPA rules and regulations or law;

8.2 If at any time during the lease period, the lessee is not using the property for the purpose for which it was originally intended;

8.3 If the cancellation/revocation is deemed to be for the public benefit and interest;

8.4 In the event that the lessee has unpaid monthly rentals of at least sixty (60) days overdue.

SECTION 9. Reservation - Nothing herein provided shall preclude the CPA, during the term of the permit or contract of lease, from prescribing other terms and conditions or rules and regulations, as it may deem necessary for the public interest or benefit. Such terms and conditions or rules and regulations shall form part of the original permit or lease contract insofar as these ace consistent with the permit or lease contract.

SECTION 10. Saving Clause - Any provision of this memorandum circular declared by competent authority to be invalid shall not affect the other parts to which such declaration does not relate.

SECTION 11. Repealing Clause - All CPA rules and regulations, policies, guidelines, memoranda or circular inconsistent herewith are hereby repealed accordingly.

SECTION 12. Effectivity - This Memorandum Circular shall take effect immediately upon approval.

Adopted: 16 Feb. 2007

General Manager
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