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Malaya (June 20, 2014)

[ VALENZUELA CITY ORDINANCE NO. 130 SERIES OF 2014, May 26, 2014 ]

SANGGUNIANG PANLUNGSOD

** Excerpts from the minutes of the 37th Regular Session of the 6th Council of Valenzuela held on May 26, 2014 at 1:55 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metro Manila.

AN ORDINANCE CREATING MARKET REVIEW AND EVALUATION BOARD DEFINING ITS COMPOSITION, DUTIES, FUNCTIONS AND FOR OTHER PURPOSES




Authored by Councilor ROVIN ANDREW M. FELICIANO,
Councilor ANTONIO R. ESPIRITU, Councilor LORENA NATIVIDAD-BORJA,
Councilor CORAZON A. CORTEZ, Councilor LAILANIE P. NOLASCO,
Councilor MARLON PAULO C. ALEJANDRINO, Councilor KIMBERLY ANN D.V. GALANG,
Councilor JENNIFER PINGREE-ESPLANA, Councilor CRISSHA M. PINEDA,
Councilor RAMON L. ENCARNACION and Councilor KRISTIAN ROME T. SY


WHEREAS,
the Local Govern morn Code of the Philippines provides the basis for the power of the Sangguniang Panlungsod to approve ordinances which shall ensure the efficient delivery  of the basic services and facilities to the peoples;

WHEREAS, the same Code empowers the local government to establish markets and regulate the operation thereof by the city government as well as the construction and operation of private markets, talipapas or other similar buildings and structures;

WHEREAS, for this purpose, there la a need to establish the Valenzuela City Market Review and Evaluation Board which shall be under the Office of the City Mayor which shall be responsible for setting the regulation, standardization, direction, development, operation, implementation and coordination of market related programs within its territorial jurisdiction in coordination with other local agencies and authorities.

WHEREAS, there is a need to regulate all privately-owned or public markets including talipapas and other privately-owned similar structures to protect the public health, safety and general welfare;

WHEREAS, this Ordinance is specifically enacted to provide another venue for the holder or lessees of stalls/spaces at the Public Market to participate in ensuring that the privilege to do business or to continue doing business, shall be enjoyed only by those who are truly qualified therefor.

NOW THEREFORE, be It ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled, that:

SECTION 1. SHORT TITLE. - This Ordnance shall be known "AN ORDINANCE CREATING THE MARKET REVIEW AND EVALUATION BOARD."

SECTION 2. SCOPE - This Ordinance shall cover all privately-owned and operated as well as public market including but not limited to tiangge or flea markets, talipapa or satellite market, night markets and other privately-owned public market stalls.

SECTION 3. DEFINITION OF TERMS. 
  1. PRIVATELY OWNED AND/OR OPERATED PUBLIC MARKET - refers to those established out of private funds or capital from private person, natural or Juridical, and to be operated by said private person or the letter's duly authorized agent, under government franchise and permit. This includes satellite and flea market.
  2. TALIPAPA OR SATELLITE MARKET - refers to a place wherein wet and dry commodities are being sold by the vendors usually occupying a government/private lots and/or operated by individual or associations with a minimum required facilities.
  3. TIANGGE OR FLEA MARKET - refers to a place where only dry good are being sold with a minimum required facilities.
  4. NIGHT MARKETS - refers to a market activity held during night time, conducted at a certain designated area with specified period at variety of products are displayed and offered for sale.
  5. AMBULANT, TRANSIENT, ITINERANT OR HAWKER VENDOR - refers to a vendor or seller who does not permanently occupy a definite place in the market. They may be seen in the sidewalks or streets usually not within the premises of a public market but who comes either daily or occasionally to sell his/her goods.
SECTION 4. CREATION. For the attainment of the objectives enunciated by the Market Code of 2006, a Body is hereby created which shall henceforth be known as the Market Review and Evaluation Board which shall serve as a regulatory and recommendatory body in order to oversee all privately-owned and operated as well as public markets of this City including but not limited to tiangge or fleas markets, talipapa or satellite market, night markets and other privately-owned public market stalls.

SECTION 5. COMPOSITION. - The Board shall be composed of the following:
  1. City Mayor who shall serve as the Chairman of the Board;
  2. Vice-Chairman to be appointed by the City Mayor;
  3. Chairman of City Councils Market Committee;
  4. Chief of City Health Office;
  5. Chief of City Engineers Office;
  6. Chief of Bureau of Fire Protection;
  7. Chief of Traffic Management Office;
  8. Chief of City External Services Office, and
  9. Chief of Building Permit License Office
  10. Chief of the City Legal Office.
SECTION 6. FUNCTIONS AND DUTIES OF THE BOARD.

a. To regulate and supervise the establishment, operation and maintenance of privately-owned and operated as well as public markets of this City including but not limited to tiangge or flea markets, talipapa or satellite market, night markets and other privately-owned public market stalls;

b. To conduct assessments in connection with the adjudication of vacant or newly constructed stalls or booth in the City Market, and recommend the award of market stalls to qualified parties;

c. To set standards, formulate policies, rules and regulations for market operations and administration, especially concerning sanitary, traffic and safety concerns;

d. To issue citation tickets for violations of the standards set by the Board;

e. To refer to the proper body or authority the suspension, revocation or cancellation of permits and franchises awarded to market owners or operators after proper hearing, if found to be in gross violation of the rules;

f. To issue Clearance and recommend the re-issuance of franchise and renewal of permits for the purpose of attesting to the fact that the lessee applying for renewal of his/her lease contract is a holder in good standing. Without such clearance no franchise and permit shall be issued;

g. Impose fines and sanctions, whenever a licensee or franchisee has been issued at least five (5) citation tickets, no Business Clearance shall be processed and granted until corresponding fines have been duly paid.

h. To conduct Quarterly inspection of City Market operation;

i. Hear and settle grievances arising out of market operations and administration.

j. To monitor the renewal of franchise of all privately owned market to the Secretariat of the Board to be appointed by the Chairman.

SECTION 7. TERM OF OFFICE. - All members of the Market Review and Evaluation Board shall hold office for the duration of the terms of office to which they were appointed.

SECTION 8. MEETING. - The Market Review and Evaluation Board shall have its regular meeting every month, however, the Chairman may call a special meeting anytime for the purpose of taking up specific matters upon request from any of Its members.

SECTION 9. 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 thereof which are not affected shall continue to be In full force and effect.

SECTION 10. AMENDING CLAUSE. - All previous city or barangay ordinances to or with provisions not in consonance with the provisions of the Ordinance, entirety or partially shall be deemed repealed or duly amended.

SECTION 11. EFFECTIVITY CLAUSE - This ordinance shall take affect within fifteen (15) days after its publication In a newspaper of general circulation within the city.

ENACTED.
MAY 26, 2014.
VALENZUELA CITY, METROPOLITAN MANILA.


(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Majority Floor Leader
HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor Leader
   
   
(Sgd.) HON. MARCELINO G. MORELOS
Councilor
(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
Asst. Majority Floor Leader
   
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
   
(Sgd.) HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN D.V. GALANG
Councilor
   
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
Councilor
(Sgd.) HON. CRISSHA M. PINEDA
Councilor
   
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President, League of Barangays)
 
  ATTESTED:
   
 
(Sgd.) FLAVIO C. DIAZ
Secretary
   
   
CERTIFIED CORRECT:
 
 
(Sgd.) HON. ERIC M. MARTINEZ
Presiding Officer
City Vice Mayor
 
 
APPROVED:
 
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: _______________
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