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Daily Trinbune, Malaya (November 06, 2014)

[ MANILA CITY ORDINANCE NO. 8363, October 28, 2014 ]

REGULAR SESSION NO. 114
9TH CITY COUNCIL

Begun and held in the City Council of Manila on Thursday, the tenth day of
October, Two Thousand Thirteen

AN ORDINANCE PENALIZING THE ACT OF FLYPOSTING OF ANY FORM OF PRIVATE ADVERTISEMENT, ANNOUNCEMENT OR ANY OTHER SORT OF POSTERS, FLYERS, WRITINGS OR BILLS FOR PRIVATE AND COMMERCIAL PURPOSES ON ANY OF THE CITY OF MANILA'S TREES, ELECTRIC POSTS, LAMPPOSTS AMD CABLES




PRINCIPAL AUTHORS: HON. LEILANI MARIE H. LACUNA, HON. PRISCILLA MARIE T. ABANTE , HON. DENNIS B. ALCOREZA, HON. ARNOLD I. ATIENZA, HON. RUBEN BUENAVENTURA, HON. DON  JUAN "DJ" BAGATSING, HON. ANTONIO G. CAPISTRANO, HON. ARLENE L. CHUA, HON. ERNESTO M. DIONISIO, JR., HON. MA. ASUNCION G. FUGOSO, HON. CRISTINA A. ISIP, HON. RODOLFO N. LACSAMAMA JR., HON. NUMERO G. LIM, HON. JOHN MARVIN C. NIETO, HON. ROBERTO ORTEGA JR., HON. JOEL M. PAR. HON. SCIENCE A. REYES, HON. RAMON M. ROBLES, HON. JOSEFINA M. SISCAR, HON. CASIMIRO C. SISON, HON. CHRISTIAN PAUL L. UY, HON. MANUEL M. ZARCAL, HON. SALVADOR H. LACUNA, HON. ELIZABETH Z. RIVERA, HON. RAYMUNDO R. YUPANGCO, HON. MARLON M. LACSON, Majority Floor Leader, HON. EDWARD V.P. MACEDA, President Pro-Temporo and Acting Presiding Orticer


EXPLANATORY NOTE

Noticeable when roaming the City of Manila are bills, posters or flyers in the nature private advertisements and announcements and whether for commercial or private purposes affixed on the city's posts, cables, lamppost, trees and similar private and public structures which are undoubtedly eye sores which affect the city's drive for an atmosphere of cleanliness.

From wheat paste posters, thin wood to tin materials, the city's posts, cables, lampposts, trees and similar private and public structures are peppered with private advertisements and announcements such as advertisements of plumbers, electricians, septic tank service providers, cellular phone repairman, steel cabinet restorers. Others adverse washed-up rates in motels, room for rent and boarding houses that are posted in places where there is heavy foot and vehicle traffic. In some instances, lost puppies, cats, pets and other lost things.

In what are intended to be fully utilized for electric power and cable services or intended to be used for aesthetic purposes to beautify the city, these posts, cables, lampposts, trees and similar private and public structures have become the most convenient place for these unsightly advertisements. This is because residents and owners of business establishments who can react and prevent the posting of bills, posters or flyers do not own these posts. Neither has the authorities made preventive measures because of the lack of the needed regulatory ordinance.

For this reason, it is pertinent that a prohibitory ordinance penalizing violation thereof be passed to this effect.

The City of Manila is the capital city of the Philippines, hence, it has to exhibit an image of cleanliness and orderliness among local government units:

Over the years, the City of Manila suffered criticisms from neighboring cities with regard to its cleanliness programs, hence, it has to improve its image as prime city of the Philippines:

In its drive to be esteemed once again as the lead city of the Philippines, cleanliness of its surroundings is an important consideration requiring political will and discipline among its constituents.

HON. LEILANIE MARIE H. LACUNA
Councilor, 6th District             
Manila                          

Be it ordained by the City Council of Manila, in session assembled, THAT:

SECTION 1. The flyposting of any form of private advertisement, announcement or any other sort of posters, flyers, writing or bills for private and commercial purposes on any of the City of Manila's trees, electric posts, lampposts, cables, wirings and public utility structures, shall hereby be prohibited in the City of Manila: PROVIDED, circumstances may so warrant, can grant certain exemption from his Ordinance tor limited period of time.

SEC. 2 Definition of Terms. -
  1. Bill - a written or printed advertisement posted to announce an event that may be ol interest to the public

  2. Bill posting or flyposting - the act of placing a bill on the City of Manila's trees, publicly owned posts, lampposts, cables and public utility structures.
SEC. 3. Existing fly posted private advertisement and announcements as prohibited in Section 1 hereof shall, upon effectivity, be removed through the efforts of city cleaners and sweepers.

SEC. 4. Penalty Clause. - Any person found violating or infringing this Ordinance shall be punished a follows:
1. First Offense -
Warning
2. Second Offense -
a fine of One Thousand Pesos (PhP. 1,000.00)
3.Third and Subsequent -
a fine of Two Thousand Pesos (PhP. 2,000.00) Offense and imprisonment of three (3) days at the discretion of the Court
SEC. 5. Separability Clause. - If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby, shall continue to be in full force and effect.

SEC. 6. Repealing Clause. - All ordinances, resolutions, executive orders and administrative orders or part or parts thereof, which are inconsistent with any of the provisions of this Ordinance, are hereby repealed or modified accordingly.

SEC. 7. Effectivity Clause. - This Ordinance shall take effect after its publication in a newspaper of general circulation and posting in a bulletin board in at least two (2) conspicuous places in the City Hall of Manila.

This Ordinance was finally enacted by the City Council of Manila on October 14, 2014.

PRESIDED BY:

(Sgd.) EDWARD V.P. MACEDA
Presiding Pro-Tempore and   
Acting Presiding Officer     
City Council, Manila        

ATTESTED:

    (Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
     (Secretary to the City Council)

APPROVED BY HIS HONOR, THE MAYOR, ON OCT. 28, 2014

(Sgd.) JOSEPH EJERCITO ESTRADA
Mayor                            
City of Manila                     

ATTESTED:

     (Sgd.) EDWARD S. SERAPIO
City Government Department Head III
           (Secretary to the Mayor)
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