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(NAR) VOL. 10 NO. 2 / APRIL - JUNE 1999
[ MMDA REGULATION NO. 99-006, May 06, 1999 ]
AMENDING MMDA REGULATION NO. 96-009 ENTITLED REGULATION PROHIBITING LITTERING/DUMPING/THROWING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE IN OPEN OR PUBLIC PLACES, AND REQUIRING ALL OWNERS, LESSEES, OCCUPANTS OF RESIDENTIAL, COMMERCIAL ESTABLISHMENTS, WHETHER PRIVATE OR PUBLIC, TO CLEAN AND MAINTAIN THE CLEANLINESS OF THEIR FRONTAGE AND IMMEDIATE SURROUNDINGS AND PROVIDING PENALTIES FOR VIOLATION THEREOF
WHEREAS, the Metro Manila Council enacted in September 15, 1996 MMDA Regulation No. 96-009 prohibiting, among other things, littering, dumping and throwing of any kind of waste in open or public places;
WHEREAS, there is a need to amend MMDA Regulation No. 96-009 in order to differentiate dumping from littering to determine the appropriate imposable penalties thereof and address the problem on how to immediately dispose the junk vehicles which have been causing traffic congestion in many roads in the metropolis;
NOW, THEREFORE, pursuant to Section 6 of RA 7924, this Amendatory Regulation is hereby promulgated and adopted by the Council, that:
SECTION 1. Section 1 [DEFINITION OF TERMS] of MMDA Regulation No. 96-009 is hereby amended to add in the list of the definitions of "Dumping" and "Littering" to read as follows:
x x x
k. DUMPING means to indiscriminately throw or empty-out or unload refuse/waste of more than 1 cubic foot from a dwelling unit, commercial building or office, whether public or private institution, car or vehicle in a heap or mass into a place or location not designated as a waste collection point or outside of the duly designated containers.
l. LITTERING means to make a place untidy by throwing or scattering in a careless manner small pieces of waste or refuse such as cigarette butts, candy wrappers, fruit and vegetable peelings and the like.
SECTION 2. Section 2 [PROHIBITED ACTS] of MMDA Regulation No. 96-009 is hereby amended as follows:
a. Delete the word "DUMP" in Sec. 2, paragraph (a) of MMDA Regulation 96-009.
b. Add the phrase "THE REMOVAL OF FALLEN TREE BRANCHES ON THE SIDEWALKS AND STREET GUTTERS FRONTING THEIR PREMISES AS DEFINED IN SECTION 1 OF MMDA REGULATION NO. 96-009."
c. Change the word "plastic" to the word "APPROPRIATE" in Sec. 2, paragraph (c) of MMDA Regulation 96-009.
d. Amend Sec. 2, paragraph (d) of MMDA Regulation 96-009 to read as follows:
x x x
i. Add Section 2, paragraph (i) after Sec. 2, par. (h) to read as follows:
a. That the strict implementation and supervision of this Regulation shall be done by the Metropolitan Manila Development Authority or its deputized representatives, agents and sanitary enforcers.
b. The conduct of regular inspection of residential and commercial establishments may be conducted daily from 7:00 o'clock in the morning to 5:00 o'clock in the afternoon to ascertain and establish whether the provision of this Regulation is strictly observed and followed.
SECTION 4. Section 4 [PENALTIES] is hereby amended to add paragraphs "c" and "d" to read as follows:
x x x
c. Any person found violating Section 2, paragraph (i) hereof shall also be penalized by an administrative fine of ONE THOUSAND PESOS [P1,000.00] or community service of three (3) days.
In case of failure to pay the administrative fine, appropriate case(s) shall be filed with appropriate court, and upon conviction, the violator shall be penalized by a fine of TWO THOUSAND PESOS (P2,000.00) or imprisonment of seven (7) days to one (1) month.
d. Any person found violating Section 2, paragraph (j) hereof shall also be penalized by an administrative fine of FIVE HUNDRED PESOS (P500.00) or community service of one (1) day.
In case of failure to pay the administrative fine, appropriate case(s) shall be filed with appropriate court, and upon conviction, the violator shall be penalized by a fine of ONE THOUSAND PESOS (P1,000.00) or imprisonment of three (3) to seven (7) days.
e. Any person liable under Section 4, paragraphs (a), (b), (c), and (d) of MMDA Regulation 96-009, as amended, who gave wrong information about his identity such as his name or address shall be prosecuted under Art 178 of the Revised Penal Code.
SECTION 5. Sec. 6 [DISPOSITION OF FINES] is hereby amended to read as follows:
a. The fines collected in violation of this Regulation shall accrue in favor of the following:
1. 50% to MMDA and,
2. 50% to Local Government Unit concerned.
b. Assessment shall be made at the Environmental Regulations and Enforcement Service (ERES) and payment of fines shall be made at the Treasury Operations Service (TOS) of MMDA and the Treasurer's Office of the LGU concerned.
SECTION 5. The provisions of MMDA Regulation No. 96-009 and MMA Ordinance No. 16, s. 1991 not contrary to this Regulation shall remain in full force and effect.
SECTION 6. Effectivity. — This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation in Metropolitan Manila.
Adopted: May 6, 1999
WHEREAS, there is a need to amend MMDA Regulation No. 96-009 in order to differentiate dumping from littering to determine the appropriate imposable penalties thereof and address the problem on how to immediately dispose the junk vehicles which have been causing traffic congestion in many roads in the metropolis;
NOW, THEREFORE, pursuant to Section 6 of RA 7924, this Amendatory Regulation is hereby promulgated and adopted by the Council, that:
SECTION 1. Section 1 [DEFINITION OF TERMS] of MMDA Regulation No. 96-009 is hereby amended to add in the list of the definitions of "Dumping" and "Littering" to read as follows:
k. DUMPING means to indiscriminately throw or empty-out or unload refuse/waste of more than 1 cubic foot from a dwelling unit, commercial building or office, whether public or private institution, car or vehicle in a heap or mass into a place or location not designated as a waste collection point or outside of the duly designated containers.
l. LITTERING means to make a place untidy by throwing or scattering in a careless manner small pieces of waste or refuse such as cigarette butts, candy wrappers, fruit and vegetable peelings and the like.
SECTION 2. Section 2 [PROHIBITED ACTS] of MMDA Regulation No. 96-009 is hereby amended as follows:
a. Delete the word "DUMP" in Sec. 2, paragraph (a) of MMDA Regulation 96-009.
b. Add the phrase "THE REMOVAL OF FALLEN TREE BRANCHES ON THE SIDEWALKS AND STREET GUTTERS FRONTING THEIR PREMISES AS DEFINED IN SECTION 1 OF MMDA REGULATION NO. 96-009."
c. Change the word "plastic" to the word "APPROPRIATE" in Sec. 2, paragraph (c) of MMDA Regulation 96-009.
d. Amend Sec. 2, paragraph (d) of MMDA Regulation 96-009 to read as follows:
It is unlawful for any person to place construction materials without first securing a permit from MMDA or LGU concerned or dump construction wastes or debris, junk or under repair vehicles, dilapidated appliances and other immovable objects or any kind of materials in any part of the road, street or avenue or in any sidewalk which may obstruct or impede the vehicular and pedestrian traffic. Owners of junk/abandoned vehicles shall be given ten (10) days to remove said vehicle. Such vehicles may be towed/removed by MMDA and sold in public bidding on "as is where is" basis if the owner failed to remove the same after the ten (10) day grace period has expired. The proceeds of the sale shall cover all the expenses incurred on the removal/towing of said vehicle.
i. Add Section 2, paragraph (i) after Sec. 2, par. (h) to read as follows:
It is unlawful for any person, resident, lessee or occupant of covered places and its immediate surroundings, including cars or vehicles, to throw or empty-out or unload refuse/waste of more than 1 cubic foot in a heap or mass.j. Add Section 2, paragraph (j) to read as follows:
It is unlawful for any person, owner, operator, proprietor, manager, administrator of covered public places not to clean and maintain cleanliness of their respective places at all times, not to provide appropriate receptacles inside or within their premises and see to it that pest and vermin control is regularly undertaken to prevent and eradicate vector of diseases.SECTION 3. Section 3 [CONDUCT AND TIME OF INSPECTION] of MMDA Regulation No. 96-009 is hereby amended to read as follows:
a. That the strict implementation and supervision of this Regulation shall be done by the Metropolitan Manila Development Authority or its deputized representatives, agents and sanitary enforcers.
b. The conduct of regular inspection of residential and commercial establishments may be conducted daily from 7:00 o'clock in the morning to 5:00 o'clock in the afternoon to ascertain and establish whether the provision of this Regulation is strictly observed and followed.
SECTION 4. Section 4 [PENALTIES] is hereby amended to add paragraphs "c" and "d" to read as follows:
c. Any person found violating Section 2, paragraph (i) hereof shall also be penalized by an administrative fine of ONE THOUSAND PESOS [P1,000.00] or community service of three (3) days.
In case of failure to pay the administrative fine, appropriate case(s) shall be filed with appropriate court, and upon conviction, the violator shall be penalized by a fine of TWO THOUSAND PESOS (P2,000.00) or imprisonment of seven (7) days to one (1) month.
d. Any person found violating Section 2, paragraph (j) hereof shall also be penalized by an administrative fine of FIVE HUNDRED PESOS (P500.00) or community service of one (1) day.
In case of failure to pay the administrative fine, appropriate case(s) shall be filed with appropriate court, and upon conviction, the violator shall be penalized by a fine of ONE THOUSAND PESOS (P1,000.00) or imprisonment of three (3) to seven (7) days.
e. Any person liable under Section 4, paragraphs (a), (b), (c), and (d) of MMDA Regulation 96-009, as amended, who gave wrong information about his identity such as his name or address shall be prosecuted under Art 178 of the Revised Penal Code.
SECTION 5. Sec. 6 [DISPOSITION OF FINES] is hereby amended to read as follows:
a. The fines collected in violation of this Regulation shall accrue in favor of the following:
1. 50% to MMDA and,
2. 50% to Local Government Unit concerned.
b. Assessment shall be made at the Environmental Regulations and Enforcement Service (ERES) and payment of fines shall be made at the Treasury Operations Service (TOS) of MMDA and the Treasurer's Office of the LGU concerned.
SECTION 5. The provisions of MMDA Regulation No. 96-009 and MMA Ordinance No. 16, s. 1991 not contrary to this Regulation shall remain in full force and effect.
SECTION 6. Effectivity. — This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation in Metropolitan Manila.
Adopted: May 6, 1999
(SGD.) JEJOMAR C. BINAY | |
Chairman | |
(SGD.) ELENITA S. BINAY, M.D. | (SGD.) JAIME R. FRESNEDI |
Member | Member |
Mayor, City of Makati | Mayor, City of Muntinlupa |
(SGD.) VICENTE P. EUSEBIO | (SGD.) REYNALDO O. MALONZO |
Member | Member |
Mayor, City of Pasig | Mayor, Caloocan City |
(SGD.) ISMAEL A. MATHAY, JR. | (SGD.) VERGEL A. AGUILAR |
Member | Member |
Mayor, Quezon City | Mayor, City of Las Piñas |
(SGD). JOSE T. CAPCO, JR. | (SGD.) BOBBIT L. CARLOS, M.D. |
Member | Member |
Mayor, Pateros | Mayor, City of Valenzuela |
(SGD.) CIPRIANO C. BAUTISTA | (SGD.) JINGGOY E. ESTRADA |
Member | Member |
Mayor, Navotas | Mayor, San Juan |
(SGD.) BAYANI F. FERNANDO | (SGD.) RICARDO D. PAPA, JR. |
Member | Member |
Mayor, City of Marikina | Mayor, Taguig |
(SGD.) AMADO S. VICENCIO | (SGD.) DEL R. DE GUZMAN |
Member | Member |
Mayor, Malabon | President, MM Vice Mayors League |
(SGD.) NARCISO C. BERNARDO | |
Member | |
President, MM Councilors League | |