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Republic of the Philippines Province of Aklan

Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 22ND REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL

ON JUNE 27, 2013

PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Nilda B. Tambong - SB Member Hon. E. Soviet R. A. Dela Cruz - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Mark Mitchell C. Sy - SB Member Hon. George L. Quimpo - SB Member Hon. Peter Jene N. Lao - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Ananias V. Solina - SB Member, LIGA President Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: None

“RESOLUTION NO. 2013-075

RESOLUTION GRANTING AUTHORITY TO HONORABLE MAYOR WILLIAM S. LACHICA TO REPRESENT THE MUNICIPALITY OF KALIBO TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE KALIBO STO. NIÑO ATI-ATIHAN FOUNDATION, INC. REPRESENTED BY ITS CHAIRMAN, MR. ALBERT A. MEÑEZ TO BE THE PRINCIPAL NGO SPONSOR IN COOPERATION/COORDINATION WITH THE LOCAL GOVERNMENT UNIT OF KALIBO (LGU-KALIBO) AND OTHER STAKEHOLDERS FOR THE MANAGEMENT AND CELEBRATION OF THE 2014, 2015 AND 2016 KALIBO STO. NIÑO ATI-ATIHAN FESTIVAL

WHEREAS, the 1991 Local Government Code mandates Local Government Units to promote the establishment and operation of Peoples Organizations (PO’s) and Non-Government Organizations (NGO’s) to become active partners in the pursuit of local autonomy. It also provides for the creation of the legal infrastructure, as well as the institutionalizations of NGO’s/PO’s in local governance in order to uphold the constitutional right of the people and their organizations for effective and reasonable participation at all levels of social, political and economic decision-making. And to establish mechanisms that institutionalize people’s participation in the formulation and implementation of development programs;

WHEREAS, LGU-Kalibo recognizes the effective, responsive and active role of NGOs, POs and/or Private Sectors in participatory governance that are committed to the task of what is broadly termed as “development”;

WHEREAS, the KASAFI being a bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure is substantially self-reliant and tend to enjoy the trust and confidence of the people in the promotion, enhancement and development of tourism and investments in the Municipality of Kalibo by institutionalizing the Kalibo Sto. Niño Ati-Atihan Festival and undertaking each year the activities related to the celebration;

WHEREAS, KASAFI, true to its vision and mission of identifying issues, concerns and serving as catalyst of developing a tourism program for LGU-Kalibo, establish linkages with various stakeholders and institutionalize a strong partnership with both local and national government agencies and private entities, has successfully managed the 799th year celebration of the Kalibo Sto. Niño Ati-Atihan festival;

WHEREAS, the dedication, sacrifices, hardships and commitment of the men and women of the KASAFI, headed by its Chairman, Mr. Albert A. Meñez is recognized, appreciated and commended and their collective effort has redound to the promotion preservation, enrichment of our cultural heritage, tradition, social, economic and spiritual advancement;

WHEREAS, taking into consideration the invaluable services and collective effort of KASAFI for the successful management and celebration of the 2011, 2012 and 2013 Kalibo Sto. Niño Ati-Atihan Festival, it is just proper and fitting that the Memorandum of Agreement made and entered on October 11, 2011 by and between the Municipal Government of Kalibo and KASAFI be hereby granted an extension for three (3) years, 2014, 2015 and 2016;

Kalibo Sangguniang Bayan “RESOLUTION NO. 2013-075 NOW THEREFORE, in view of the foregoing premises, upon motion made by Hon. Ariel O. Fernandez, duly seconded, be it RESOLVED as it is hereby RESOLVED to grant authority to Honorable Mayor William S. Lachica to represent the Municipality of Kalibo to enter into a Memorandum of Agreement with Kalibo Sto. Niño Ati-Atihan Foundation, Inc. represented by its Chairman, Mr. Albert A. Meñez to be the principal NGO sponsor in cooperation/coordination with the Local Government Unit of Kalibo (LGU-Kalibo) and other stakeholders for the management and celebration of the 2014, 2015 and 2016 Kalibo Sto. Niño Ati-Atihan Festival; RESOLVED FINALLY, to furnish copy of this Resolution to Mr. Albert A. Meñez, Chairman KASAFI and other agencies/entities and offices concerned for their information and guidance;

APPROVED, June 27, 2013.” -

I hereby certify to the correctness of the above stated resolution as to form.

DIANA V. TORRE-FEGARIDO SB Secretary Attested: MADELINE A. REGALADO Vice Mayor Approved: WILLIAM S. LACHICA Municipal Mayor




EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 22ND REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON JUNE 27, 2013



RESOLUTION REQUESTING HONORABLE SENATOR MARY GRACE SONORA POE-LLAMANZARES FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,000.00) AS A COUNTERPART FUND FOR THE UPGRADING/REHABILITATION OF MUNICIPAL HEALTH CENTER OF THE MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN

WHEREAS, the Municipality of Kalibo as the premier town of the Province of Aklan has evolved as the business, trade, education, medical and economic activity center of the province and the entire Northern Panay and is bent forward to make effective and responsive the delivery of health services to the people;

WHEREAS, as the capital town of Aklan, the Municipality of Kalibo is doing its best to effectively implement various programs and projects geared towards the upliftment and betterment of its people. Along this line, this aspired advancement is one need to give emphasis and reinvigorate the health services program of Kalibo to which the Kalibo Municipal Health Office would be the focal point to consider being the center that houses programs and projects that delivers basic health services to the people;

WHEREAS, said office aims to translate the existing and almost dilapidated one storey building into a two storey structure with upgraded medical facilities and laboratory equipments to cater the health care standard requirements and services by giving more focus to the needy and underprivileged constituents;

WHEREAS, the combined Internal Revenue Allotment (IRA) Allocation from the National Government and locally generated revenue is insufficient to cover the cost for rehabilitation of a building. And so prompting the LGU-Kalibo to source out construction funds from National Government entities and individuals who in one way or the other could provide the much needed assistance for the delivery of quality public services to the constituents;

WHEREAS, with the upgrading and rehabilitation of the Municipal Health Center of Kalibo, it can surely deliver quality health services through the availability of upgraded medical equipment, laboratory facilities to the populace of Kalibo and other adjacent Municipalities with preference to patients from the locality who could not afford to pay the cost of private clinics and hospitals;

NOW THEREFORE, in view of the foregoing premises upon motion made by Hon. Ariel O. Fernandez, duly seconded, be it RESOLVED as it is hereby RESOLVED to request the Honorable Senator Mary Grace Sonora Poe-Llamanzares for financial assistance in the amount Two Million Five Hundred Thousand Pesos (P2,500,000.00) as a counterpart fund for the upgrading/rehabilitation of Municipal Health Center of the Municipality of Kalibo, Province of Aklan;

RESOLVED FINALLY, to furnish copy of this Resolution to Hon. Senator Mary Grace Sonora Poe-Llamanzares for her information and appropriate action;

APPROVED, June 27, 2013. -


DIANA V. TORRE-FEGARIDO

SB Secretary Attested: MADELINE A. REGALADO Approved: Vice Mayor WILLIAM S. LACHICA

Municipal Mayor







RESOLUTION REQUESTING HONORABLE SENATOR SERGIO “SERGE” OSMEÑA FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF TWO MILLION PESOS (P2,000,000.00) AS A COUNTERPART FUND FOR THE CONSTRUCTION OF EVACUATION AND ALL PURPOSE CENTER OF THE MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN

WHEREAS, the Municipality of Kalibo being the premier town of the Province of Aklan is the center of business, trade, education and socio-economic activity of the province and the entire Northern Panay;

WHEREAS, the Municipality of Kalibo with a more or less 80,000 populace that doubles during work and school days was devastated by Super Typhoon Frank last June 21, 2008 that engulfed the town with deep flood and mud, the highest ever in Kalibo’s history which resulted to massive and major destruction of agricultural crops, poultry, livestocks, infrastructures, valuable properties and loss of lives;

WHEREAS, along with this and in line with LGU-Kalibo’s thrust to provide safety and to safeguard the general welfare of its constituency, it is the intent desire of the municipality to construct Evacuation and all Purpose Center for emergency and unforeseen situation to house evacuees and victims of disaster and calamity in order to prevent the loss of lives and to ensure safety, convenience and security of the people;

WHEREAS, much to the desire of LGU-Kalibo to transform such initiative into a concrete reality it cannot be facilitated due to the huge budgetary requirement needed for the aforesaid project and considering that the meager municipal budget is appropriated to various priority programs and projects;

WHEREAS, considering the urgency of this project, LGU-Kalibo declined it necessary to request assistance from other sources both from local, national, private entities and other funding institutions to positively and effectively address this pressing need;

NOW THEREFORE, in view of the forgoing premises, upon motion made by Hon. Mark Mitchell C. Sy, duly seconded, be it RESOLVED as it is hereby RESOLVED to request the Honorable Senator Sergio “Serge” Osmeña for financial assistance in the amount of Two Million Pesos (P2,000,000.00) as a counterpart fund for the construction of Evacuation and all Purpose Center of the Municipality of Kalibo, Province of Aklan;

RESOLVED FINALLY, to furnish copy of this Resolution to Hon. Senator Sergio “Serge” Osmeña for his information and appropriate action;

APPROVED, June 27, 2013 -



SB Secretary Attested: MADELINE A. REGALADO Vice Mayor Approved: WILLIAM S. LACHICA

Municipal Mayor







RESOLUTION REQUESTING HONORABLE SENATOR FERDINAND “BONGBONG” R. MARCOS JR. FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,000.00) FOR THE UPGRADING/REHABILITATION OF THE GRANDSTAND AT PASTRANA PARK, KALIBO, AKLAN


WHEREAS, as the capital town, the Municipality of Kalibo is doing its best to effectively implement various programs and projects geared towards the upliftment and betterment of its people. Along this line, this development effort is one intervention to give emphasis on the social services program of Kalibo to which the Kalibo Grandstand would be the focal center for social, political, cultural and religious activity of the people;

WHEREAS, said Freedom Grandstand of the Kalibo Pastrana Park is frequently used as a place of different undertakings such as cultural and historical presentation, commemorative programs, singing and dance competitions, political rallies, site for the various programs during the Kalibo Sto. Niño Ati-Atihan Festival and other socio-civic activities;

WHEREAS, the present financial condition of LGU-Kalibo cannot suffice to cover the cost for the upgrading and rehabilitation of the said grandstand which is almost more than three (3) decades from the start of its construction in the early 1980’s. And so prompting the LGU-Kalibo to source out funds from National Government Agencies and other generous individuals and entities who in one way on the other could provide the much needed assistance for the realization of the aforesaid rehabilitation project;

WHEREAS, with the upgrading and rehabilitation of the Kalibo Pastrana Park Grandstand, it can surely provide quality social services through its upgraded structures and facilities for the safety, convenience and welfare of the general public;

NOW THEREFORE, in view of the foregoing premises, upon motion made by Hon. George L. Quimpo, duly seconded, be it RESOLVED as it is hereby RESOLVED to request the Honorable Senator Ferdinand “BongBong” R. Marcos for financial assistance in the amount of Two Million Five Hundred Thousand Pesos (P2,500,000.00) for the upgrading/rehabilitation of the grandstand at Pastrana Park, Kalibo, Aklan;

RESOLVED FINALLY, to furnish copy of this Resolution to the Hon. Senator Ferdinand “BongBong” R. Marcos for his information and appropriate action;

APPROVED, June 27, 2013. -




Municipal Mayor







RESOLUTION REQUESTING HONORABLE SENATOR FRANCIS JOSEPH “CHIZ” GUEVARRA ESCUDERO FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF TWO MILLION PESOS (P2,000,000.00) AS A COUNTERPART FUND FOR THE CONSTRUCTION OF EVACUATION AND ALL PURPOSE CENTER OF THE MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN


WHEREAS, the Municipality of Kalibo with a more or less 80,000 populace that doubles during work and school days was devastated by Super Typhoon Frank last June 21, 2008 that engulfed the town with deep flood and mud, the highest ever in Kalibo’s history which resulted to massive and major destruction of agricultural crops, poultry, livestocks, infrastructures, valuable properties and loss of lives;

WHEREAS, along with this and in line with LGU-Kalibo’s thrust to provide safety and to safeguard the general welfare of its constituency, it is the intent desire of the municipality to construct Evacuation and all Purpose Center for emergency and unforeseen situation to house evacuees and victims of disaster and calamity in order to prevent the loss of lives and to ensure safety, convenience and security of the people;

WHEREAS, much to the desire of LGU-Kalibo to transform such initiative into a concrete reality cannot be facilitated due to the huge budgetary requirement needed for the aforesaid project and considering that the meager municipal budget is appropriated to various priority programs and projects;

WHEREAS, considering the urgency of this project, LGU-Kalibo declined it necessary to request assistance from other sources both from local, national, private entities and other funding institutions to positively and effectively address this pressing need;

NOW THEREFORE, in view of the forgoing premises, upon motion made by Hon. Mark Mitchell C. Sy, duly seconded, be it RESOLVED as it is hereby RESOLVED to request the Honorable Senator Francis Joseph “Chiz” Guevarra Escudero for financial assistance in the amount of Two Million Pesos (P2,000,000.00) as a counterpart fund for the construction of Evacuation and all Purpose Center of the Municipality of Kalibo, Province of Aklan;

RESOLVED FINALLY, to furnish copy of this Resolution to Hon. Senator Francis Joseph “Chiz” Guevarra Escudero for his information and appropriate action;





Municipal Mayor







RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND PESOS (P 750,000.00) FROM THE GENERAL FUNDS TO THE MUNICIPAL ECONOMIC ENTERPRISE DEVELOPMENT OFFICE (MEEDO) AS AUGMENTATION FOR MAINTAINANCE AND OTHER OPERATING EXPENSES (MOOE) FOR THE MONTH OF JUNE, 2013

WHEREAS, consistent with local autonomy and decentralization as mandated under R.A. No. 7160 also known as the Local Government Code of 1991, Local Government Units shall endeavor to be self reliant and shall exercise such powers and discharge such other functions and responsibilities for the provision of basic services and facilities;

WHEREAS, the creation of the Municipal Economic Enterprise Development Office (MEEDO) aims to establish, develop, operate, maintain and manage sustainable municipal economic enterprises to generate revenue and enhance the delivery of public services pursuant to the economic and social objectives of the municipality;

WHEREAS, MEEDO has been created to make available to the general public the application of the basic principles or organization, marketing, finance and public administration necessary for the effective stewardships of the Kalibo’s economic enterprise units such as Public Markets, Slaughterhouse & Livestock Auction Market, Bus, Jeepney & Tricycle Terminals, Playgrounds, Cemetery, Public Parks and all other enterprise units that maybe created by the Local Ordinance;

WHEREAS, the revenue collected from the previous months by the MEEDO was insufficient to support its full operation and needs augmentation from the General Funds to meet the requirements for repair of equipments and other allied services for the operation of MEEDO;

WHEREAS, the revenue raising measures undertaken by the MEEDO which will be implemented in the month of July, 2013 will help boost its revenue collection and will avoid future fall in collection;

WHEREAS, the Transfer of Funds from the General Funds to the MEEDO will be recognized as an advance or a loan in the GF-Proper Books with a reciprocal payable account in the MEEDO Books, pursuant to Section 313 of the Local Government Code of 1991;

NOW THEREFORE, in view of the forgoing premises upon motion, duly seconded, be it RESOLVED as it is hereby RESOLVED to authorize the Transfer of Funds in the Amount of Seven Hundred Fifty Thousand Pesos (P 750,000.00) from the General Funds to the Municipal Economic Enterprise Development Office (MEEDO) as Augmentation for Maintenance and other Operating Expenses (MOOE) for the Month of June, 2013;

RESOLVED FURTHER; that copies of this resolution be furnished to all Offices concerned for their information and guidance.

DONE in the Municipal Hall of the Municipality of Kalibo, Aklan, Philippines this 27th day of June 2013. -




Municipal Mayor







RESOLUTION EXPRESSING AND CONVEYING DEEPEST SYMPATHY AND CONDOLENCES TO THE BEREAVED FAMILY OF THE LATE FEDELEON CARPIO BRIONES OF BARANGAY POBLACION AND BRIONES, KALIBO, AKLAN

WHEREAS, this August Body learned with deep regret and sorrow of the demise of a good man, loving husband and father, who left this world and joined his Creator, last June 26, 2013 at the ripe age of 75. He is happily married to former Honorable Sangguniang Panlalawigan Member and now SB Member Hon. Daisy Sucro Briones with whom he is blessed with two (2) successful children, Dr. Fides Rosary B. Francisco and Dr. Pinky Djoanna B. Yap;

WHEREAS, the late Fedeleon Carpio Briones, “Peding” as he is fondly called has gained the trust and respect of his friends, acquaintances for his amiable and kind hearted nature and for being a very ideal service provider. He has unselfishly extended utmost dedication and untiring commitment of noble service to his family and to government entities that he has served, as Auditor in 1963 to 1974 in the Office of the Court of Agrarian Relations. Thereafter, he transferred to the Development Bank of the Philippines-Kalibo Branch as OIC Cashier and Appraiser and after retiring from government service, he was employed by Aklan Electric Cooperative (AKELCO) as Management Officer where he had shown and rendered commendable service and established good human relations to every person he has touched lives with;

WHEREAS, the death of a dignified man, a loving husband, a responsible father, a doting grandfather and a good provider of his time, effort and resources is an irreparable loss not only to his family, relatives and friends but to the constituents of Kalibo that he has loved and associated with. His strength of character and service to mankind is longed and cherished by those he has touched lives and it is but fitting and proper for this Body to extend due recognition and convey sympathy to the bereaved family as we join in prayers for the eternal repose of his soul to the great beyond;

NOW THEREFORE, in view of the foregoing premises, on motion made by Hon. Nilda B. Tambong, duly seconded, be it RESOLVED as it is hereby RESOLVED to express and convey deepest sympathy and condolences to the bereaved family of the late Fedeleon C. Briones of Barangay Poblacion and Briones, Kalibo, Aklan;

RESOLVED FURTHER, that a copy of this resolution be given to the bereaved family of the late FEDELEON C. BRIONES for their information and memoirs;



DIANA V. TORRE-FEGARIDO SB Secretary Attested:

MADELINE A. REGALADO Vice Mayor Approved:

WILLIAM S. LACHICA Municipal Mayor




EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 22ND REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL

ON JUNE 27, 2013


“ORDINANCE NO. 2013-006

AN ORDINANCE REGULATING THE USE OF PLASTIC BAGS AND STYROFOAM AND PRESCRIBING FEE FOR ITS USE IN THE MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN AND IMPOSING PENALTIES THEREOF

WHEREAS, Article II, Section 6 of the Philippine Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

WHEREAS, Section 3 (i) of R.A. 7160 provides that the Local Government Units shall share with the National Government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction;

WHEREAS, Section 458 (VI) of R.A. 7160 also empowers the Sangguniang Bayan to protect the environment and impose appropriate penalties of acts which endanger the environment including such activities which result in pollution acceleration or eutrophication of rivers and lakes or of ecological imbalance;

WHEREAS, R.A. 9003 otherwise known as the Ecological Solid Waste Management Act of 2000 provides for the identification and listing of Non-Environmentally Acceptable Products (NEAP) and packaging materials. The National Solid Waste Management Commission (NSWMC) has adopted and issued guidelines for NEAP and has identified plastic packaging as one of only 5 product groupings that shall undergo assessment; plastic bags and Styrofoam, being non-biodegradable materials clog our canals, creeks, rivers, and other waterways which ends up and causing harm to Aklan River and surrounding Barangays during rainy season;

WHEREAS, plastic bags are rampantly used as packaging materials in the Municipality of Kalibo and elsewhere and despite serious efforts of the LGU Kalibo to segregate compostable, recyclable, and reusable waste materials, plastics and other similar materials remain in the waste stream and eventually become residuals;

WHEREAS, the LGU Kalibo is spending a considerable amount of money for operational and maintenance expenses on waste disposal and its desire to reduce if not totally eliminate the use of plastic, film bags as packaging materials, encourages the utilization of alternative packaging materials such as woven bags, and other similar bags (bayong), cloth bags (Katsa), paper bags and other similar materials (Banana Leaves, Taro Leaves, Etc.) and at the same time enjoined to promote the “Bring your Own Bag”;

WHEREAS, there is an urgent ruling to regulate the use of Plastic Bags and Styrofoam to prevent potential serious imbalance particularly in the Municipality of Kalibo being the Capital Town of the Province of Aklan and center of social, political, institution, education, and economic activities;

NOW THEREFORE, in view of the foregoing premises, upon motion made by Hon. Mark Mitchell C. Sy, duly seconded, BE IT ORDAINED by the Sangguniang Bayan of Kalibo, Aklan in session assembled that:

Kalibo Sangguniang Bayan “ORDINANCE NO. 2013-006

Section 1. TITLE

This Ordinance shall be known and cited as “An Ordinance Regulating the Use of Plastic Bags and Styrofoam in the Municipality of Kalibo, Province of Aklan and Prescribing Penalties Thereof” or the “Kalibo Plastic and Styrofoam Reduction Ordinance”.

Section 2. DEFINITION OF TERMS

As used in this Ordinance, the following terms shall mean:

a. Department - refers to the Offices(s) implementing the Kalibo Plastic and Styrofoam Reduction Ordinance.

b. Dry Goods - refers to any product that does not require refrigeration or freezing to maintain, such as textile, clothing, medicines, etc.

c. Dry Market - generally refers to the store of products that does not require refrigeration or freezing to maintain.

d. Green Fund - a fund or money earned from the imposition of Synthetic Recovery System Fee by the retail stores intended to fund various initiatives that would benefit the environment.

e. HDPE - initials used for High Density Polyethylene Plastic or Type-2 Plastic Material.

f. LDPE and LLDPE - initials used for Low Density Polyethylene and Linear Low Density Polyethylene Plastic or Type-4 Plastic Material.

g. Plastic Bags - also known as sando bags, pouch, plastic shopping bag and plastic film bags used as Secondary Packaging Material. Plastic carryout bags with handles, holes, or string usually made from HDPE, LDPE/LLPDE and PP plastic materials with thickness not lower than 15 Microns.

h. Plastic Wastes - refers to any plastic packaging materials used as food containers, disposable cups, plates, etc.

i. PP - initials used for Polypropylene Plastic or type-5 Plastic Material.

j. Primary Packaging Material - refers to those types of packaging for containing wet products, snack foods, frozen foods, hardware, etc.

k. Recyclable - a material that can be sorted, cleansed, and reconstituted for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise, thermally destroying solid waste.

l. Relevant Retailers - establishments located within the jurisdiction of the Municipality of Kalibo which are commonly and are regularly engaged in retail business and duly registered as on such as: Shopping Malls, Supermarkets, Department Stores, Grocery Stores, Fast Food Chains, Drug Stores, Pharmacy, Wet and Dry Markets.

m. Reusable Bag - a carryout bag that is specifically designed and manufactured for multiple reuse and is either (1) made of cloth or other machine washable fabric, and/or (2) made of durable plastic and/or (3) made of indigenous material like buri, rattan, and other raw materials.

n. Secondary Packaging Materials - refers to those types of packaging materials for Dry Goods and used to provide support to any primary packaging intended for convenience of the handler.

o. Styrofoam - refers to a light, resilient polystyrene plastic used as throw-away plates, cups, and Styrofoam trays.

p. Synthetic Recovery System Fee - a charge or regulatory fee imposed to consumer on the use of new plastic bag/s at the point of sale in the absence of alternative reusable bags and/or redemption of used plastic bags.

q. Wet Goods - refers to any product that requires refrigeration or freezing to maintain such as fish, meat, poultry products, fruits, vegetables, beverages, and cooked foods in the carinderias/eateries.

r. Wet Markets - generally refers to the store of products that requires refrigeration or freezing to maintain. These include the wet sections in Public Markets, Supermarkets, Mini Marts, Restaurants, and Carinderia/Eateries.


Section 3. REGULATIONS ON THE USE OF PLASTIC BAGS

The following regulations shall be imposed on the use of Plastic Bags:

a. Direct distribution of Plastic Bags by Relevant Retailers lower than the regulated thickness of 15 Microns is prohibited under this Ordinance.

b. To ensure the recovery of plastic bags from the waste stream, consumers who will not bring with them Reusable Bags and/or redeem Used Plastic Bags for a new Plastic Bags, shall be charged with a Synthetic Recovery System Fee. The said fee shall be indicated in the customer’s transaction receipt as a reminder that they can save money if they use reusable bags and/or if they bring used plastic bags in exchange for a new plastic bag.

c. Stall Owners/Lessees in Wet and Dry Markets such as Kalibo Shopping Center, Kalibo Public Markets and other related establishment under direct control of LGU Kalibo will not be allowed to distribute Plastic Bags as Secondary Packaging Material provided in subsection 2(g).

d. Plastic Bags with no handles, holes, or strings commonly used as Primary Packaging Material for wrapping unpacked fresh foods and cooked foods at supermarkets, wet and dry markets, restaurants, canteens, and the like shall not be included under the scheme as the usage of such plastic bag is justified on the grounds of public hygiene.

e. Paper Bags, Recyclable Bags, Native Bags, and other related materials shall be used as Secondary Packaging Materials as alternative to Plastic Bags.

Section 4. REGULATIONS ON THE USE OF STYROFOAM

The following regulations shall be imposed on the use of Styrofoam:

a. Use of Styrofoam for Dine-In Orders is prohibited under this Ordinance. Business Establishments, Restaurants, Fast Food Chains, and other related enterprises may use alternatives such as Dining Plates, Utensils, and Glass.

b. To ensure the recovery of Styrofoam from the waste stream, a Synthetic Recovery System Fee shall be imposed for Takeout Orders. The said fee may be indicated in the customer’s transaction receipt.

c. The Synthetic Recovery System Fee can be redeemed in exchange of used Styrofoam at the same store/business establishment to be recycled.

d. Business Establishments, Restaurants, Fast Food Chains, and the like may use Paper Box and the like as alternatives to Styrofoam.

Section 5. SYNTHETHIC RECOVERY SYSTEM FEE

All stores as defined in subsection 2(l) shall charged and collected with a fixed amount of Five Pesos (P 5.00) per Plastic Bag and Styrofoam regardless of size.

Section 6. PURPOSE OF THE SYNTHETIC RECOVERY SYSTEM FEE

The imposition of Synthetic Recovery System Fee seeks to change consumer behavior rather than generate fund. It is a move towards shifting the habits from mindless consumption to a lifestyle that is anchored in an environmentally friendly community. Also to implement the program of the Local Government to reduce, reuse, and recycle Recyclable Materials. The Synthetic Recovery System Fee also seeks to regulate the generation of waste from Plastic Bags by creating an economic option for consumers to use reusable carry bags and/or redeem used Plastic Bags for New Plastic Bags. The Synthetic Recovery System Fee will also remind the consumers that bringing their own Plastic Bags will not only save money but will also help protect our environment by reducing plastic consumption. Further, proceeds from Synthetic Recovery System Fee shall be used by the business establishments as Green Funds to initiate Environmental Protection program, projects, and activities.


Section 7. USE OF GREEN FUNDS Proceeds of the Synthetic Recovery System Fee shall be used by Business Establishments as Green Funds to be used in various Environmental Protection programs, projects and activities such as Tree Planting, Cleaning Drive, Funding of Public Garbage Bin, and other related activities. Every year end, Business Establishments are required to submit their Accomplishment and Financial Report on their Green Funds and Environmental Protection programs, projects, and activities to the Municipal Economic Enterprise Division through the Solid Waste Management Services (SWMS) prior to the issuance of Renewed Business Permit.

Section 8. WASTE MARKETS The stores may also bring their accumulated used Plastic Bags to the Waste Market provided by the Local Government Unit of Kalibo thru the Solid Waste Management Services. All stores and shopping malls are likewise directed to implement their own Waste Markets in their respective areas to ensure that there will be enough venues where used Plastic Bags and Styrofoam as well as other recyclable materials may be redeemed.

Section 9. ENVIRONMENTAL SIGNAGES IN BUSINESS ESTABLISHMENTS Environmental Posters and Signage educating the public of this Ordinance shall be placed at the entrance, counter, and vantage points visible at all times to the buying public and clients in all Business Establishments.

Section 10. MONITORING OF ORDINANCE The Municipal Environment and Natural Resources Officer (MENRO) Designate together with the Solid Waste Management Services shall monitor the effective implementation of this Ordinance. A Semi-Annual Report on the progress of the implementation of this Ordinance must be submitted to the Office of the Mayor and the Office of the Sangguniang Bayan for proper monitoring and assessment.

Section 11. ENFORCEMENT AND PENALTIES

a. Any establishment that violates the provisions of this Ordinance shall be charged of an infraction and shall be penalized by: 1. First Offense : A fine not exceeding P 1,000.00.

2. Second Offense : A fine not exceeding P 1,500.00.

3. Third Offense : A fine not exceeding P 2,500.00 and Revocation of Business and Mayor’s Permit

b. An Environmental Citation Ticket (ECT) shall be issued to the violator by the SWMS, after

which, he/she shall proceed to the Office of the Solid Waste Management within Seven (7) Working Days for the Issuance of the Order of Payment and make the necessary payment to the Treasurer’s Office.

c. If an establishment fails to settle his/her liability within the given time, the case shall be referred to the Municipal Legal Office for appropriate action.

Section 12. INFORMATION, EDUCATION, AND COMMUNICATION CAMPAIGN Upon approval of this Ordinance, the Local Government shall conduct 60 Days or so of massive public information, education, and communication campaigns using quad media (print, radio, television, and internet) and shall also include the promotion of alternative biodegradable packaging materials.

Section 13. IMPLEMENTING RULES AND REGULATIONS Within 30 Days from the approval of this Ordinance, the necessary Implementing Rules and Regulation (IRR) shall be issued by the Municipal Mayor for the proper and effective implementation of this Ordinance.


Section 14. REPEALING CLAUSE

All previous issuances, Ordinances, Rules and Regulations or parts thereof which are inconsistent

or in conflict with the herein ordinance are hereby repealed, amended or modified accordingly.

Section 15. SEPARABILITY CLAUSE Should any provisions of this Ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the same shall not affect the validity of the other provisions not so declared.

Section 16. EFFECTIVITY CLAUSE This Ordinance shall take effect Thirty (30) Days after its approval and posting of the text in the Municipal Hall and other conspicuous places in the Municipality of Kalibo, LGU-Kalibo Website and Networking Sites, and Publication in Newspaper of general circulation within the Province of Aklan. ENACTED by the Sangguniang Bayan, Municipality of Kalibo, on its 22nd Regular Session held on June 27, 2013.

- I hereby certify to the correctness of the above stated ordinance as to form.





EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 22ND REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION

HALL ON JUNE 27, 2013


“ORDINANCE NO. 2013-007

ORDINANCE AMENDING SECTIONS 6, 7, 8, 10, 15, 16 AND 19 OF ORDINANCE NO. 2011-24 OTHERWISE KNOWN AS ORDINANCE PROVIDING FOR NEW RULES AND REGULATIONS IN THE GRANT OF FRANCHISE OR MOTORIZED TRICYCLE OPERATOR’S PERMIT WITHIN THE TERRITORIAL JURISDICTION OF KALIBO; (A) INCREASING THE DURATION OF MOTORIZED TRICYCLE OPERATORS PERMIT (MTOP) FROM ONE (1) YEAR TO THREE (3) YEARS; (B) ADJUSTING THE CORRESPONDING FRANCHISE FEE; (C) DELETING DEED OF ADJUDICATION FROM THE REQUIREMENTS FOR THE TRANSFER OF OWNERSHIP OF MOTORIZED TRICYCLE OR CESSATION OF OPERATION; (D) DELETING TRANSITORY PROVISION CHANGING IT TO A PROVISION FOR THE ISSUANCE OF IMPLEMENTING RULES AND REGULATIONS

WHEREAS, the Sangguniang Bayan of Kalibo, clothed with the authority to issue, grant, amend, renew, revoke and cancel tricycle franchise, enacted and approved Ordinance No. 2011-024 on December 24, 2011 in order to provide the public with an orderly, safe and convenient transport service in the Municipality of Kalibo;

WHEREAS, one of the salient provisions of the subject ordinance is Section 6 which provides, among others, that the issuance and/or renewal of Motorized Tricycle Operator’s Permit (MTOP) or tricycle franchise is effective only for one (1) year term renewable every year;

WHEREAS, the amendment of the term of franchise from three (3) years to one (1) year was primarily introduced upon the recommendation made by the investigating body formed by Executive Order (EO) No. 01 Series of 2010 issued by the Hon. William S. Lachica which probed the alleged massive issuance of franchises made by the previous administration. The said investigative report showed that the Office of the Sangguniang Bayan has no custody of the duplicate copies of the newly issued franchises which bear no expiry dates upon the assumption of Hon. Madeline A. Regalado last 2010;

WHEREAS, with the thrust to secure copies of all issued MTOP’s or tricycle franchises, the local legislative body formulated the one (1) year term issuance/renewal policy to direct all legitimate franchise holders to submit their franchise records;

WHEREAS, within the three year term from the implementation of Section 6 of Ordinance No. 2011-024, the Office of the Sangguniang Bayan confirmed almost 143 franchises were found out to be spurious and the same were already cancelled and awarded to legitimate and qualified operators. Consequently, with the regulation of the said franchises every year throughout the three (3) year term, the Office of the Sangguniang Bayan introduced a legislative innovation specifically the Motorized Tricycle for Hire Information Management System which enable it to profile the tricycle for hire operation for transparency and effective support mechanism to regulate the transport system;


WHEREAS, the data collected in the years 2010, 2011 and 2012 completed the current legislative tracking system which bears the accurate and credible number of MTOP in the Municipality of Kalibo;

WHEREAS, considering that legislative tracking system of all issued MTOPs has already been organized and the same was granted an Excellence in Local Governance (EXCEL) Award by the Department Interior and Local Government (DILG) last December 18, 2012, there is a need to revert back the effectivity of the MTOP to three (3) years for the convenience of all tricycle operators and shall save time and effort on the part of the Municipality;

NOW THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG BAYAN OF KALIBO IN A REGULAR SESSION DULY ASSEMBLED:

SECTION 1. The duration of a MTOP shall be effective for a three (3) year term and renewable for three (3) years after its grant. Thus SECTION 6, titled “Application for New Issuances, Renewal, Amendment, Revision, Suspension or Cancellation of Motor Tricycle Operators Permit” is hereby amended and shall read as follows:

“Section 6.Application for New Issuances, Renewal, Amendment, Revision, Suspension or Cancellation of Motor Tricycle Operators Permit.

A. Only Filipino citizens of legal age, residents and registered voters of Kalibo are qualified to operate tricycle-for-hire within the territorial jurisdiction of Kalibo. No MTOP shall be granted unless the applicant is in possession of unit/s with valid registration papers from Land Transportation Office. Franchise must continue to have the qualification and none of the disqualification.

B. All applications must be verified and accompanied by the following requirements:

1) Original and photocopy of Certificate of Registration and current Official Receipt issued by the Land Transportation Office (LTO). The year model of the motorcycle as appearing in the Certificate of Registration shall not exceed 15 years.

2) Barangay Clearance issued by the barangay where the applicant actually reside and Tricycle Operators and Drivers Association (TODA) Certification issued by its president. If the barangay clearance cannot be issued within seven (7) without any justifiable reason, the TODA Certification will be sufficient;

3) Voters Registration from the Kalibo Commission on Elections (COMELEC) 4) Latest Community Tax Certificate 5) Government Issued Identification Card or any billing statement that indicates

therein actual location of residence of the applicant. 6) All other requirements as may be prescribed by the Sangguniang Bayan upon

recommendation of the MTPFRB.

All applicants shall personally appear before the Office of the Sangguniang Bayan.

C. A MTOP shall expire three (3) years after its approval. It shall be renewed three years thereafter from the date of its grant.

D. Renewal of MTOP shall be made upon submission of requirements and payment of corresponding fees. Operators who fail to renew their MTOP shall automatically render their franchise rescinded, revoked or cancelled 30 days after its expiration. MTOP holder must continue to have the qualification and none of the disqualification.

SECTION 2. SECTION 7, titled “Fees” is hereby amended and shall read as follows:

“Section 7. Fees

A franchise fee shall be imposed by the Sangguniang Bayan for every unit authorized to operate.

The following fees shall be paid every three (3) years: a) Renewal Fee - 300.00/unit b) Filing Fee - 300.00/unit


c) Franchise Fee - 225.00/unit d) Legal Research Fee - 150.00/unit e) Filing Fee for Amendment - 100.00/unit

The following fees shall be paid every year concerning the operator’s Mayor’s Permit:

a.) Body Number Application Fee - 50.00/unit b.) Business Tax on Motorized Tricycles - 100.00/unit c.) Inspection Fee - 50.00/unit

All other applicable fees provided for under Regulatory and Revenue Ordinances of Kalibo.

Any amount collected shall accrue to the General Fund except for the Legal Research Fund which shall accrue to the General Fund - MEEDO of the municipality.

SECTION 3. SECTION 8, titled “Mayor’s Permit (Body Numbering)” is hereby amended and shall read as follows:

“Section 8. Mayor’s Permit (Body Numbering) - Any person desiring to operate a tricycle for hire within the territorial boundaries of the Municipality of Kalibo, must also secure Mayor’s Permit after he/she is issued a MTOP by the Sangguniang Bayan and thereafter confirmed for hire by LTO before actually engaging in such business. The Mayor’s Permit must be renewed on or before February 20 of every year.

SECTION 4. SECTION 10, entitled “Collectible Fee” is hereby amended and shall read as follows:

“Section 10. Collectible Fee - Mayor’s Permit (Body Number) shall be collected from the franchisee pursuant to the above fees imposed including those provided in the Municipal Revenue Code.

The Mayor’s Permit Fee (Body Number) is payable every year to the Municipal Treasurer of the Municipality of Kalibo for every new/renewal application or amendment thereof. Failure to pay the above fee within the prescribed period, a surcharge equivalent to twenty five percent (25%) of the amount due shall be imposed thereon together with an interest of two percent (2%) per annum from the time it became due until such time that the amount due is fully paid. Non-payment or non-renewal of its Mayor’s Permit thirty days (30) after February 20 shall be a ground for the automatic cancellation of the issued franchise (MTOP).

SECTION 5 - Section 15 entitled Terms and Conditions is hereby amended and shall read as follows:

“Section 15. Terms and Conditions - Any violations in the terms and conditions of this Ordinance shall be a ground for the cancellation and revocation of the MTOP.

CHANGE OF ROUTE/ZONE OR MOTORCYCLE UNIT- shall be considered as an amendment to the MTOP. An amendment to the MTOP for the cause set forth in this Section shall be processed upon the payment of its corresponding fee.

Approvals of new MTOP issuances, amendments and cancellation of all MTOP shall undergo approval of the majority members of the Sangguniang Bayan upon the recommendation of the Committee of Transportation and Communication.

SECTION 6 - Deed of Adjudication shall be deleted from among the requirements provided in SECTION 16 for the transfer of ownership of motorized tricycle or cessation of operation. Thus SECTION 16, titled “Transfer of Ownership of Motorized Tricycle or Cessation of Operation” is hereby amended and shall read as follows:

“Section 16.Transfer of Motorized Tricycle Operators Permit.

No transfer of MTOP shall be recognized by the Municipality except its transfer of the same to the legal spouse or to any first (1st) degree of consanguinity and affinity of the franchisee, provided the applicant/transferee meets the following requirements, to wit:

1) Death Certificate of the Franchisee, if applicable 2) Marriage Contract, if applicable 3) Any public document establishing relationship to the Franchisee 4) Other requirements set forth in Section 6.B of this Ordinance


The franchisee/operator after approval of the application for the transfer shall submit the

issued MTOP to the Land Registration Office (LTO) for registration of the unit to “For Hire” service. The transferee shall thereafter proceed to the Office of the Municipal Mayor through the Permits and License Division for the issuance of its corresponding Mayor’s Permit under the name of the applicant/transferee.

SECTION 7. Transitory Provisions in SECTION 19 shall be deleted and changed to a provision for the issuance of the necessary Implementing Rules and Regulations by the Office of the Municipal Mayor. Thus SECTION 19 shall be read as follows:

“Section 19.Implementing Rules and Regulations. Within 30 days from the approval of this Ordinance, the necessary Implementing Rules

and Regulation (IRR) shall be issued by the Office of the Municipal Mayor for the proper and effective implementation of this Ordinance.“

SECTION 8. SEPARABILITY CLAUSE - If, for any reason, any section or provision of this

Ordinance shall be declared null and void by the Court, no other section, provision, or part thereof shall be affected and the same shall remain in full force and effect.

SECTION 9. REPEALING CLAUSE - All ordinances, executive orders rules and regulations and other issuances inconsistent herewith are hereby repealed and/or amended accordingly.

SECTION 10. EFFECTIVITY - This ordinance shall take effect upon its approval and publication in a newspaper of general circulation in Kalibo, Aklan and posting of the same in three (3) conspicuous places in Kalibo, Aklan. ENACTED, June 27, 2013.”

- I hereby certify to the correctness of the above stated ordinance as to form.


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