2011

Sangguniang Bayan Municipality of Balete, Aklan

[CODE OF GENERAL ORDINANCES OF BALETE AKLAN]

[Ordinance No. C03 2011]

Contents
CHAPTER I ....................................................................................................................... 3 GENERAL PROVISIONS ................................................................................................ 3 Article A Title and Scope .......................................................................................... 3 Article B Rules of Construction ................................................................................ 3 CHAPTER II....................................................................................................................... 5 PEACE AND PUBLIC ORDER ........................................................................................ 5 Article A Public Morals ............................................................................................. 5 Article B Public Order and Safety ........................................................................... 5 Article C Nudism in Public Places ............................................................................ 6 CHAPTER III ..................................................................................................................... 6 TRAFFIC AND TRANSPORTATION .............................................................................. 6 Article A Coverage and Definition of Terms ........................................................... 6 Article B Traffic Rules and Regulations .................................................................. 7 Article C Tricycle and Pedicab Operations ........................................................... 12 Article D General Administrative Provisions........................................................ 15 Article E Penal Provision ........................................................................................ 15 CHAPTER IV ................................................................................................................... 15 HEALTH AND SANITATION ........................................................................................ 15 Article A Severe Acute Respiratory Syndrome Prevention Program................. 15 Article B Promotion of Iodized Salt ....................................................................... 17 Article C Safeguarding of Foodstuff ...................................................................... 19 Article D Mandatory Annual Sputum and Stool Examination ........................... 19 Article E Cleanliness in Public Places .................................................................... 20 Article F Regulations on Stray Animals ................................................................ 21 Article G Mandatory Sanitary Toilet for Every Household ................................ 21 Article H Support to PhilHealth Program............................................................. 22 Article K PhilHealth Capitation Fund ................................................................... 23 CHAPTER V .................................................................................................................... 23 CULTURE, IDENTITY, HERITAGE AND EDUCATION ........................................... 23 Article A The Municipal Seal of Balete.................................................................. 23 Article B Proper Names of Public Institutions ...................................................... 25 Article C Scholarship Program .............................................................................. 25 Article D Mandatory Pre-Marriage Counseling ................................................... 27 CHAPTER VI ................................................................................................................... 29 FINAL PROVISIONS ...................................................................................................... 29 Article A General Penal Provisions ........................................................................ 29 Article B Participation in Voluntary Community Service Program................... 29 Article C Implementing Rules and Regulations .................................................... 30 Article D Separability, Applicability, Repealing and Effectivity Clauses .......... 30

Code of General Ordinances Balete, Aklan

CODIFICATION OF GENERAL ORDINANCES OF THE MUNICIPALITY OF BALETE, AKLAN

CHAPTER I GENERAL PROVISIONS

Article A Title and Scope Section 1A.01. Title. This Ordinance shall be known as the Balete Code of General Ordinances of 2011. Section 1A.02. Scope. This Code covers relevant general ordinances enacted by the Sangguniang Bayan of this municipality. Otherwise one may refer to the following special ordinances, municipal codes, charters and executive issuances for general and special subjects excluded herein: a. Administrative Code b. Children and Youth Welfare Code c. Gender and Development Code d. Environment Code e. Investment Incentive Code f. Balete Community College Charter g. Market and Slaughterhouse Charter h. Public Health and Sanitation Charter i. Revised Revenue Code j. CLUP and Zoning Ordinance and k. Executive Orders Article B Rules of Construction Section 1B.01. Words and Phrases. Words and phrases embodied in this Code not herein specifically defined shall have the same meaning as found in legal dictionaries as well as in existing laws. Section 1B.02. Construction of Codal Provisions. In construing the provisions of this Code, the following rules of construction shall be observed unless inconsistent with the manifest intent of the provisions or when applied they would lead to absurd or highly improbable results: a) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other words in this Code which may have acquired

Code of General Ordinances Balete, Aklan

a peculiar or appropriate meaning shall be construed and understood according to such technical, peculiar or appropriate meaning. b) Gender and Number. Every word importing the masculine gender as well as the words he/she, his/her and him/her shall extend to both male and female. Every word importing the singular number shall extend and apply to several persons or things as well; and every word importing the plural number shall extend and apply also to one person or thing. c) Computation of Time. The time within which an act is to be done as provided in this Code, or in any rule or regulation issued pursuant to the provisions thereof, when expressed in days shall be computed by excluding the first day and including the last day, except when the last day falls on a Sunday or holiday, in which case the same shall be excluded from the computations and the next business day shall be considered the last day. d) Tenses. The use of any verb in the present tense shall include the future whenever applicable. The words shall have been shall include past and future cases. The use of the word shall in this Code means the act being required to be done is mandatory, whereas when the word may is used it means permissive. e) References. All references to Chapters, Articles, or Sections are to chapters, articles or sections in this Code unless otherwise specified. f) Conflicting Provisions of Chapters. If the provisions of different Chapters conflict with or contravene each other, the provisions of each chapter shall prevail as to all specific matter and questions involved therein. g) Conflicting Provisions of Sections. If the provisions of different sections in the same chapter conflict with each other, the provision of the section which is last in point of sequence shall prevail.

Section 1B.03. Amendment and Integration of Additional Provisions. Any amendment on this Code may be introduced to the chapter, article or section concerned. All ordinances or provisions thereof enacted subsequent to the date of effectivity of this Code shall be complied in such a way as to bear the corresponding chapter, article or section to which such ordinance or provision pertains. Such new provisions shall be integrated into the corresponding chapter, article or section whenever a new printing or reproduction of this Code is undertaken upon authorization of the Sanggunian. Section 1B.04. Existing Rights. No right accrued, action or proceeding commenced before the effectivity of this Code shall be adversely affected by any provisions hereof. Thereafter, all procedures or actions to be taken shall conform to the provisions of this Code whenever possible. Section 1B.05. Reference to Code. Whenever reference is made to any portion of this Code, such reference shall apply to all amendments and additions now or may hereafter be introduced.

Code of General Ordinances Balete, Aklan

Section 1B.06. Effect of Headings. The Chapter, Article and Section headings do not in any manner affect the scope, meaning or intent of the provisions contained in this Code. Section 1B.07. Relation to Prior Ordinance. The provisions of this Code even if they are substantially the same as that of previous or existing ordinances particularly when dealing with the same subject matter shall be construed as new enactments rendering prior ordinances either as repealed or amended.

CHAPTER II PEACE AND PUBLIC ORDER Article A Public Morals

Section 2A.01. Consumption of Alcoholic Beverages in Public Places. All public places in the Municipality of Balete shall be freed of sights offensive to public morals. As such, it shall see to it that consumption of liquor and alcoholic beverages in public places shall be prohibited and the selling of the same thereof shall hereby be regulated. Section 2.A.02. Definition of Terms. For the purpose of this ordinance the following shall mean: Public places shall include, parks and plaza, market places, cemeteries, schools, streets, Multi-purpose Pavements and vicinities of public building. Liquors and other alcoholic beverages shall include beers, gins, tuba (coconut or nipa, buri palm wines), rums, whiskeys, brandies and other fermented or distilled beverages. Section 2.A.03. Scope. Store/vendors near public places are covered by this provision and are regulated as specified herein and enjoined to refrain from selling alcoholic beverages to any person whom they supposed to consume the same within the restricted areas.

Article B Public Order and Safety Section 2B.01. Vandalism. Vandalizing and/or willful destruction of any public structure, tree and/or ornamental plant under the care of the local government of this municipality shall be prohibited.

Code of General Ordinances Balete, Aklan

Section 2.B.02. Scope. Parents, teachers and persons of authority are enjoined to disseminate and explain to their children, students and wards the contents of this prohibition. Section 2.B.03. Deputized Officers. The Philippine National Police Stationed in this town shall be deputized to enforce this article. Section 2.B.04. Selling and Storage of Firecrackers. Firecrackers, such as, Bawang, Atomic Bomb Junior and other big firecrackers classified as dynamites or explosives under the revised Fire Code of the Philippines (RA 9514) shall be regulated accordingly. Section 2.B.05. Rule of the LGU in Implementing RA 9514. The provisions of the Revised Fire Code of the Philippines (2008) otherwise known as RA 9514 and its Implementing Rules and Regulations, and more particularly Rule 7, Section 7.01.2 thereof are hereby adopted and complied with. Article C Nudism in Public Places Section 2.C.01. Regulated Acts. It shall be unlawful for any person to appear nude in any place open to the public within this municipality. Section 2C.02. Rules and Regulations. No operator of any showhouse, day or night club, bar or cocktail lounge shall allow or permit any person to perform nude in any kind of stage play, stage show, or stage exhibition in his/her establishment. Section 2C.03. Penalty. Any person who violates any provision of this Article shall be punished by a fine of not more than Five Hundred (P500.00) or imprisonment of not more than fifteen (15) days, or both fine and imprisonment, at the discretion of the Court.

CHAPTER III TRAFFIC AND TRANSPORTATION Article A Coverage and Definition of Terms Section 3.A.01. Coverage- This chapter (Ord. No. 012-20110) shall cover all types of motor vehicles either land or water-based and pedicabs operating and/or passing within the territorial jurisdiction of this municipality. Section 3.A.02. Definition of Terms As used in this chapter a. Emergency Parking or Parked shall mean that a motor vehicle is brought to a stop for a period of time on the shoulder or proper edge of a highway due to

Code of General Ordinances Balete, Aklan

b.

c.

d. e.

f.

g. h.

i.

unforeseen circumstances that require the driver/motorist to perform immediate and urgent troubleshooting. Highways shall mean any and every public thoroughfare, but shall not include roadway upon grounds owned by private persons, churches, or other similar institutions; Lane Splitting shall mean using or sharing a lane already occupied by one vehicle by another vehicle such as a motorcycle or scooter in a road or highway Market Day shall refer to Saturday morning from 5:30 a.m. to 12:00 noon; Parking or Parked shall mean that a motor vehicle is parked parking if it has been brought to a stop on the shoulder or proper edge of a highway, and remains inactive in that place or close thereto for an appreciable period of time (10 minutes to six hours). A motor vehicle which properly stops merely to discharge a passenger or to take in a waiting passenger, or to load or unload a small quantity of freight with reasonable dispatch shall not be considered as parked, if the vehicle again moves away without delay. Pedicab shall mean any three-wheeled passenger vehicle, which the driver propels by pedaling and usually with the cab attached to the main cycle at the right side. Prolonged Parking shall be taken as the parking of the same vehicle in the same place or close thereto for a period of more than six hours; Special Days shall refer to those days set aside for specials occasions such as Town fiesta, Sports festivals, civic parades, religious processions, and other similar activities that draw the crowd Vehicles shall include all types of motor vehicles either two-wheeled or otherwise propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, streetsweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Article B Traffic Rules and Regulations

Section 3.B.01. General Provisions The following provisions shall be observed in the implementation of this chapter (Ord. No. 012-20110). a. Municipal Streets a.1. Through Streets The stretches of Bernardo J. Rodriguez Street and that of Miguel F. Calizo Street shall be regarded as through streets while the entire Teodoro F. Calizo Avenue shall be the through highway in the Poblacion area. a.2. One Way Streets (On Market and declared Special Days)

Code of General Ordinances Balete, Aklan

a.2.1. One way route to public market include the entire Jose F. Cortes to Miguel F. Calizo Street, turn left to Jose O. Barrios Street and exit to T.F. Calizo Ave. a.2.2. The stretch of B.J. Rodriguez St. between J.F. Cortes St. and J.O. Barrios St. is a one way street with its entry at J.F. Cortes St. a.3. No Entry a.3.1. Vehicles coming from T.F. Calizo Ave. shall not enter Jose O. Barrios St. during market days and special days a.3.2. Vehicles coming from J.O. Barrios St. shall not enter B.J. Rodriguez St. during market and special days a.4. No Left/Right Turn a.4.1. Vehicles coming from B.J. Rodriguez St. shall not turn right to J.O. Barrios St. during market and special days a.4.2. Vehicles coming from M.F. Calizo St. and B.J. Rodriguez St. shall not turn left to J.F. Cortes St. during market and special days a.4.3. Vehicles coming from Veterans St. shall not turn left to M.F. Calizo St. during market and special days a.5. Total Truck Ban a.5.1. Delivery Trucks/Vans are prohibited from entering the route J.F. Cortes St to M.F. Calizo to J.O. Barrios St. on Saturdays and special market days the entire morning thereof. a.5.2. 8-tonner Trucks/Vehicles and up are prohibited from entering all Barangay Roads and Municipal Streets within the area of jurisdiction of the Balete. b. Zones for the purpose of systematically implementing this ordinance and without prejudice to the Zoning Ordinance of Balete, the following areas are hereby declared as follows b.1. School Zones all public roads/streets in Balete passing through schools and daycare centers b.2. Other Institutional Zones all public roads/streets in Balete passing through the Town Hall, PNP Station, Post Office, RHU, DAR, Barangay Halls, MPPs, Civic Center, BFP Office, Municipal Library, Youth Center, Cemetery and similar institutions b.3. Commercial/Market Zones the entire stretch of J.O. Barrios St. and all other streets/roads passing through public markets and talipapas. c. Areas c.1. Parking Areas the designated parking areas for all types of vehicles are as follows: c.1.1. For Public Utility Vehicles (Jeepneys) plying the route Kalibo-Balete and vice versa the vacant area located north-west of the Municipal Cemetery, Barangay Cortes c.1.2. For Garage to Terminal Vehicles (L300 Vans) plying the route Kalibo-Balete and vice versa the vacant lot located besides the Payag Restaurant, fronting the Town Plaza (Rizal Park)

Code of General Ordinances Balete, Aklan

c.1.3. For Tricycles for Hire (on ordinary days) (a) Aranas Poblacion Route, queue at B.J. Rodriguez St. with the first in line stationed at J.O. Barrios St. five meters from the street corner at T.F. Calizo Ave. (b) Aranas Centro Anao/Sumaeagi Routes, queue at the road shoulder, Anao FMR corner National Road (c) Arcangel Poblacion Route, queue at the road shoulder of BaleteLibacao Provincial Road with the first in line stationed beside the road shoulder of the National Road approaching the Balete Bridge (d) Bang-bang Arcangel Norte Route, queue at the road shoulder of Arcangel Norte Barangay Road corner National Road (e) Calizo Poblacion Route, queue at the road shoulder of Calizo Barangay Road corner National Road (f) Cortes-Poblacion Route, queue at the road shoulder of CortesGuanko-Oquendo Barangay Road corner National Road (g) Feliciano Fulgencio Sur Route, queue at the road shoulder of Fulgencio Barangay Road corner National Road (h) Highway-Fulgencio Norte Route, queue at the road shoulder of the Fulgencio-Camaligan Provincial Road corner National Road (i) Morales Poblacion Route, queue at the road shoulder of BaleteLibacao Provincial Road with the first in line stationed beside the road shoulder of the National Road approaching the Balete Bridge c.1.4. Parking Set up during Market and Special Days (a) For Tricycles for Hire a pre-designated area for TC service covering all routes shall be marked along J.O. Barrios St. facing the Balete Public Market (b) For Private Vehicles (those owned by Bolante/Vendors) a lane of the B.J. Rodriguez and M.F. Calizo Sts. from J.F. Cortes to Antonio F. Cortes Sts. shall be allocated for as the parking area thereof (c) For Private Vehicles (those owned by Consumers and persons other than the vendors/bolante) a lane of the B.J. Rodriguez and M.F. Calizo Sts. From J.F. Cortes to J.O. Barrios Sts. shall be allocated for as the parking area thereof (d) For Delivery Vehicles other than Delivery Vans a lane of the M.F. Calizo St. from J.F. Cortes to Saint Rafael Sts. c.1.5. Exclusivity of Parking Areas - No driver shall park a vehicle in the respective designated parking areas other than those types identified per Sec. 4.1.c.1. hereof. c.1.6. Emergency Parking on Road Shoulders Any driver who for emergency reasons shall park a vehicle on municipal streets and road shoulders may be tolerated for the first eight hours, otherwise, he/she shall be charged with a fine at a rate of Php. 20.00 per hour. c.2. No Parking/Loading/Unloading Areas c.2.1. No driver shall park a vehicle, or permit it to stand, whether attended or unattended, upon a highway in any of the following areas: (a) Within an intersection

Code of General Ordinances Balete, Aklan

(b) On a crosswalk (c) Within six meters of the intersection of curb lines (d) Within four meters of the driveway entrance to a fire station (e) Within four meters of fire hydrant (f) In front of a private driveway (g) On the roadway side of any vehicle stopped or parked at the curb or edge of the highway (h) At any place where official signs have been erected prohibiting parking, loading or unloading. c.2.2. Prolonged parking along the municipal streets and their shoulders is strictly prohibited. c.3. Administrative Provisions on Parking of For-Hire-Tricycles and Motorcycle with Backseat Extension. Tricycles shall be parked together in one area while motorcycles with backseat extension shall be parked in another area nearby. Provided finally, that in the designated parking areas, the following shall be strictly observed, viz: c.3.1. Tricycles shall have the priority to pick up short distance passengers. Only in the absence of tricycles in the parking areas can single motorcycles pick up these passengers, in the first come first serve basis or in the order of their line; c.3.2. Single motorcycles shall, as far as practicable, pick up only passengers of upland and remote destinations; c.3.3. A dispatcher duly designated by the associations of tricycle and motorcycle drivers shall man and direct the flow of passengers and monitor the trip and dispatch of all motorcycles and tricycles in the designated parking areas, and whose compensation shall be fixed by the association; Section 3.B.02. Restrictions on Speed Limit - The uniform speed limit for nationwide application as provided under Sec. 35, Article I, Chapter IV of R.A. No. 4136 is hereby incorporated as part of this code, viz.: Section 35. Restriction as to speed. (a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater not less than is reasonable and proper , having due regard for the traffic, the width of the highway, and or any other condition then there existing, and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any person, not at a speed greater than to permit him to bring the vehicle to a stop within the assured clear distance ahead. (b) subject to the provisions of the preceding paragraph , the rate of speed of any motor vehicle shall not exceed the following: MAXIMUM ALLOWABLE Passengers Motor trucks

Code of General Ordinances Balete, Aklan

10

SPEEDS 1. On open country roads, with no blind corner not closely bordered by habitations 2. On through streets or boulevards, clear of traffic, with no blind corners, when so designated 3. On city and municipal streets, with light traffic when not designated through streets 4. Through crowded streets approaching intersections at blind corners, passing school zones, passing other vehicles which are stationery, or far similar dangerous circumstances

Cars and Motorcycles 80 km. per hour

and buses 50 km. per hour

40 km. per hour

30 km. per hour

30 km. per hour

30 km. per hour

20 km. per hour

20 km. per hour

(c) The rates of speed hereinabove prescribed shall not apply to the following: (1) A physician or his driver when the former responds to emergency calls; (2) The driver of a hospital ambulance on the way to and from the place of accident or other emergency; (3) Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar place; (4) The driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in times of riots, insurrection or invasion; (5) The driver of a vehicle, when he or his passengers are in pursuit of a criminal; (6) A law-enforcement officer who is trying to overtake a violator of traffic laws; and (7) The driver officially operating a motor vehicle of any fire department, provided that exemption shall not be construed to allow unless or unnecessary fast driving of drivers aforementioned. Section 3.B.03. Other Prohibited Acts The following acts shall be considered prohibited and punishable with specified fines, viz.: a. Driving without valid license b. Disregarding traffic signs
Code of General Ordinances Balete, Aklan

11

c. Refusal to convey passengers and overcharging d. Conveying passengers over the rated capacity of the vehicle e. Conveying passengers by tricycles and motorcycles without the required franchises and/or registration stickers f. Plying out of line g. TCH unit drivers driving without wearing their proper uniform h. Speeding and overtaking within the designated school zones i. Driving a vehicle while under the influence of liquor or drugs j. Disregarding, obstructing, following or racing with emergency vehicles using sirens k. Weaving in and out of traffic lanes and lane splitting l. Cutting and stopping suddenly m. Tailgating (driving too close behind other vehicles) n. Overtaking and passing at intersections, or curves, hills or bridges o. Overtaking and passing a long line of curves on a two-way street p. Overtaking and passing on the right shoulder of the road q. Driving on the wrong side of the street and against the flow of traffic, especially in one way street r. Driving at night without using driving lights s. Cutting to soon after passing t. Double-parking u. Loading and unloading in the middle of the road v. Allowing passengers to ride on running boards, step boards, mudguards and top loads w. Driving motorcycle without protective helmet x. Using cellular phones or other gadgets while driving y. Using of horn or signaling device and car stereo emitting an exceptionally loud, startling, or disagreeable sound z. Using by any other than those authorized emergency vehicles of bells, sirens, or exhaust whistle aa. Driving in attire offensive to public morals bb. Driving vehicles without muffler Article C Tricycle and Pedicab Operations Section 3.C.01. Operation of Tricycle-for-Hire -- The following provisions shall govern the operation of tricycle-for-hire in the municipality: a. Only Filipino citizens or corporations with sixty percent (60%) Filipino equity are qualified to be operators of tricyclesfor-hire and pedicabs-for-hire. b. No tricycle-for-hire or pedicab-for-hire, either for passenger or for cargo or both, shall be operated in this municipality without a Motorized Tricycle Operators Permit (MTOP) or Pedicab Operators Permit (POP) from the Sangguniang Bayan and a corresponding permit from the Office of the Mayor under the Municipal Revenue Code.

Code of General Ordinances Balete, Aklan

12

c. Application forms shall be secured from and filed with the Office of the Secretary to the Sangguniang Bayan together with the required supporting documents. d. MTOP shall be granted on the condition that the applicant shall cause the registration of his unit/s as Tricycle/s-for-Hire with the Land Transportation Office (LTO) within 30 days upon the granting thereon and furnish thereafter the Office of the Secretary to the Sanggunian with a photocopy of the registration papers together with the other pertinent documents which may be required of him/her. e. Operators shall only employ drivers who are duly licensed by the LTO for tricyclesfor-hire. f. An application for a Motorized Tricycle Operators Permit (MTOP) may be filed any time of the year using the appropriate franchising forms and submitted together with the other documents listed hereunder: f.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed of Conditional Sale or Registration Papers); f.2. Community Tax Certificate; f.3. Proposed route/s with corresponding rates; f.4. Valid registration papers from the LTO for the units to be used; f.5. A duly certified photocopy of a common carriers insurance certificate sufficient to answer for any liability to passengers and third parties in case of accidents; f.6. A picture of the applicant beside his/her tricycle for easy determination of its usage; f.7. Road worthiness certification from the Balete PNP station; and f.8. Affidavit of the applicant stating that his/her tricycle will be driven only by a person with a Professional Drivers License. g. No tricycle-for-hire shall be operated without a silencer attached to its exhaust system. Section 3.C.02. Operation of Pedicab-for-Hire The following provisions shall govern the operation of pedicabs-for-hire in the municipality: a. An application for a Pedicab Operators Permit [POP] may be filed any time of the year using the appropriate franchising forms and submitted together with the other documents listed hereunder: a.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed of Conditional Sale or Affidavit of Ownership) a.2. Community Tax Certificate a.3. Proposed route/s with corresponding rates a.3.1. A picture of the applicant beside his/her pedicab for easy determination of its usage; a.3.2. Road worthiness certification from the Balete PNP Station; and a.3.3. Affidavit of the applicant stating that his/her pedicab/s will be driven only by persons not less than eighteen (18) years old. b. No person shall drive a pedicab-for-hire in this municipality unless he/she is at least eighteen (18) years old.

Code of General Ordinances Balete, Aklan

13

c. Pedicab-for-hire units shall be equipped with the following safety devices: c.1. Warning Devices. Pedicab operators should install bicycle horns, ringers or equivalent warning devices in their respective units. c.2. Reflectorized stickers shall be installed at the front and back portions of pedicab units to enhance nighttime visibility. Battery-operated electronic flashers may also be installed on pedicabs as additional nighttime safety devices. Section 3.C.03. Administrative Provisions on Tricycles and Pedicab Operations. a. MTOP and POP applications endorsed by the Board to the Sangguniang Bayan may be reported out and sponsored by the Committee on Transportation during any regular session or a special session called for this purpose. b. A Motorized Tricycle Operators Permit (MTOP) or a Pedicab Operators Permit (POP) shall be valid for a period of three (3) years. c. An operator wishing to stop service completely, or to suspend service for more than one month, should report in writing such suspension or termination to the Board. d. A Motorized Tricycle Operators Permit (MTOP) or a Pedicab Operators Permit (POP) is non-transferable whenever there is change of ownership. Such change of ownership shall be construed as an amendment thereto and any amendment shall require appropriate approval from the Sangguniang Bayan upon the recommendation of the Board. e. If the new owner opts to apply for a new franchise, the units previous franchise shall be deemed automatically cancelled upon the issuance of a new franchise. f. The Balete Franchising and Regulatory Board, in coordination with the PNP, shall conduct seminars on road safety and traffic rules and regulations for pedicab and tricycle drivers at least once every six months. After each seminar, the Board may issue identification cards to participating pedicab drivers, the cost of which shall be borne by the concerned individuals. g. Operators and drivers of all tricycle-for-hire and pedicab-for-hire are required to install at least two (2) garbage receptacles in their vehicles one (1) for biodegradable and one (1) for non-biodegradable solid waste. The color scheme and usage designation of the said receptacles shall be in accordance with the guidelines set forth by the Solid Waste Management Board of this municipality. h. Tricycles and pedicabs intended for private or personal use should be registered with the Office of the Mayor and should display conspicuously a NOT-FOR-HIRE or PRIVATE sign at the front and back portions of their sidecars.

Code of General Ordinances Balete, Aklan

14

Article D General Administrative Provisions Section 3.D.01. All fines shall be paid to the Municipal Treasurer within 24 hours upon being cited for violation thereof. Section 3.D.02. The Municipal Treasurer shall devise a system of collection of fines to enable the apprehending officers to receive incentives thereof representing 10% of the days collection. Section 3.D.03. The remaining 90% thereof shall be credited as income of the Local Government Unit per accounting and auditing rules and procedures. Section 3.D.04. To observe and preserve public decency, there shall be a standard uniform of blue t-shirt for jeepney drivers and their conductors, and red chalice for motorcycle and tricycle drivers while operating and plying their routes within the municipality of Balete. Section 3.D.05. Ordinance Officers. The Balete Station PNP personnel and/or the authorized Municipal Auxiliary Police of the Balete shall be designated as ordinance officers to see to it that this ordinance is properly imposed. Article E Penal Provision Section 3.E.01. For violation of any prohibited acts as prescribed in Section 3.B.03, violators shall be cited with a ticket of Php. 100.00 for the first offense; Php. 200.00 for the second offense; and Php. 500.00 for every offense committed thereafter Section 3.D.02. For violation of any regulated acts as prescribed in Sections. Section 3.B.01, Section 3.B.02, Section 3.C.01, Section 3.C.02 and Section 3.C.03. hereof the violators shall be fine of no less than One Hundred Pesos (P100.00) but not more that Two Thousand Five Hundred Pesos (P2,500.00) or the imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment at the discretion of the court.

CHAPTER IV HEALTH AND SANITATION Article A Severe Acute Respiratory Syndrome Prevention Program Section 4.A.01. Definition of terms For purposes of this chapter, the terms hereunder mentioned shall be defined as follows:

Code of General Ordinances Balete, Aklan

15

a.) SARS Severe Acute Respiratory Syndrome also known as a typical pneumonia. It is caused by a new form of corona virus, related to the virus which causes flu. A confirmed case of SARS is one who has a fever of more than 38c, develops body weakness, and respiratory signs and symptoms like cough, sore throat and shortness of breath and had travel to SARS infected countries or had close contact with a confirmed SARS victim. A suspected case is one who has lived with, cared for, or closely worked with a confirmed case and who also develops cough, sore throat and shortness of breath. b.) Quarantine Detention or isolation for the purpose of preventing the spread of epidemic disease. Section 4.A.02. Quarantine of Suspected SARS Victim Pursuant to Executive Order 201 of the President, any individual who is identified or determined by the DOH of the local health officials to be suffering from the symptoms of the SARS virus, shall be required to undergo testing and be quarantined in either the San Lazaro Hospital in Manila or the Research Institute for Tropical medicine in Muntinlupa or in such other places/institutions that may be designated as quarantine areas by the DOH or the Local Health Officials until such time that the DOH issues a SARS negative clearance. All family members and/or other persons who have been in contact with the suspected SARS victim shall be required to undergo home confinement or be quarantined in places/institution as may be designated quarantine areas by the DOH or the Local Health Authorities until such time that the DOH issues a SARS negative clearance. While under quarantine, suspected SARS victim shall be prevented from making personal contact with other individuals except the medical personnel treating them, until a SARS negative clearance is issued for their discharge from quarantine. For the effective implementation of this provisions, the Municipal Mayor may call on the local PNP to ensure that the above persons shall remain in quarantine or in their area of confinement until the necessary clearance is issued by the DOH. Section 4.A.03. Other Preventive Measures Against the Spread of SARS In order to prevent the entry and spread of SARS in the community Municipal Mayor shall adopt measures against the spread of SARS to include but not limited to the following. a. The conduct of massive information drive to raise the consciousness of the constituents on SARS and how it could affect their day-to-day activities. The information drive may be in the form of fliers, leaflets, and other information materials on SARS prevention for distribution to the public through the help of Barangay Health Workers, and other officials and members of the Barangay, public and private School Teachers, officials and members of the Sangguniang Kabataan, and members of non-government organization in the area.

Code of General Ordinances Balete, Aklan

16

b. Mandatory requirement to all owner/proprietors/administrators of private establishments, including private hospitals, to formulate their own safety measures to protect their employees and the general public from the threat brought about by SARS and inform the Municipal Government of their SARS prevention plan. c. The conduct of clean-up drive in the barangays, regularly but not less than once a week to include households, esteros. Rivers and riverbanks, drainage, streets, alleys pathways and other public places. All Barangay officials shall be required to take the lead in the massive clean-up operation in the barangays. The Municipal Mayor may promulgate or issue such other rules and regulations consistent with this Ordinance. Section 4.A.04. Funding The appropriate funding needed for the implementation of this article shall be taken from the funds of the Municipality, the Calamity Fund of the Municipality may be utilized subject, however, subject to existing guidelines prescribed under the rules and regulations and other issuances implementing Republic Act No. 8185, governing the allocation and utilization of the local calamity fund. Section 4.A.05. Sanctions Any persons who violate the requirements for home confinement as provided for in the second paragraph of Section 4.A.02 hereof, shall be subject to forced confinement in any of the quarantine areas designated by the DOH, until the necessary clearance is issued by the latter. Article B Promotion of Iodized Salt Section 4.B.01. Regulated Acts. RA 8172, An Act Promoting Salt Iodization Nationwide, is hereby locally implemented and monitored within the jurisdiction of this municipality. Section 4.B.02. Definition. For purpose of this article the following terms shall mean: a. Micronutrient malnutrition - a disorder resulting from deficiencies in vitamin A, iron, iodine and other micronutrients that the body needs in minute quantities everyday. b. Iodine Deficiency Disorders a broad spectrum of deficiencies resulting from lack of iodine in the diet which leads to the reduction of intellectual and physical capacity affecting everyone who is iodine-deficient and may manifest as goiter, mental retardation, physical and mental defects, and creatinism. c. Food Fortification the addition of nutrients to processed foods at levels above the natural state.

Code of General Ordinances Balete, Aklan

17

d. Salt Iodization the addition of iodine to salt intended for human or animal consumption in accordance with specifications as to form, fortificant, method, manner and composition as may be prescribed by the BFAD. e. Food Grade Salt salt for human and animal consumption as distinguished from industrial salt. f. Food Establishments all food outlets, restaurants, carinderia, bakeries, catering firms, refreshment parlors, canteen or stores where food is being served or sold. Section 4.B.03. Purpose. This ordinance seeks to contribute to the elimination of micronutrient malnutrition in the municipality, particularly iodine deficiency disorders by requiring food fortification by the use of iodized salt by all food establishments in the municipality thereby protecting and promoting the health of the people. Section 4.B.04. Applicability. This ordinance shall apply to all food establishments, outlets, restaurants, carinderia, bakeries, catering firm, refreshments parlor, canteens or store where food is being served or sold. All food manufacturers, meat and/or fish processors using food grade salt are required to use iodized salt in the processing of their products. All food establishments, restaurants, vendors and stores are hereby required to make available to customers only iodized salt. Section 4.B.05. Monitoring. The Municipal Health Officer or its duly authorized representatives are required to monitor and check all food establishments in the compliance of this ordinance as well as the quality of food-grade salt being sold in the market. Section 4.B.06. Public Information. The benefits and rationale of the use of iodized salt shall be adequately promoted and disseminated through the DOH as lead in cooperation and coordination with DepEd, Barangay Councils, etc. Section 4.B.07. Penalty Clause. Any person, whether natural or juridical, who violates any of the provisions of this article shall be punished with a fine of not less than One Thousand Pesos (P1,000.00); provided however, that if the violation is committed by an officer, director or member of a business and a juridical entity acting beyond the scope of his authority, such officer, director or member responsible therefore shall be personally liable for the fine; provided further, that such violator shall suffer a revocation of its business permit and/or a ban of its product from the market; provided finally, that the imposed and collected fines shall be remitted to the Bureau of Foods and Drugs for its use in the implementation of the ASIN Law.

Code of General Ordinances Balete, Aklan

18

Article C Safeguarding of Foodstuff Section 4.C.01. Regulated Acts. Individuals engaged in the selling or manufacturing of food or foodstuffs are hereby required to provide covers, wrappers, screens or any devices to safeguard their products from any possible contamination. Section 4.C.02. Definition. As used in this article: Manufacturing includes every process, whether physical or chemical to effect for the alteration of the quality of any raw material or manufacture or partially manufactured products so as to reduce it to marketable shape or prepare it for the purpose of its sale or distribution to other and not for the manufacturers own consumption. Selling means trading or regularly engaging in commercial activity as a means of livelihood or with a view to profit. Cover a sanitized accessory that can be used to protect or spread over the products so as to expose it to the elements. Wrapper a sanitize veil, plastic or paper that can be used to wrap around to handle food such as banana-cue, barbecue, bitso-bitso, casaba fudge, hotcake, etc. Screen any of the fabricated devices made of plastic or wire that can be fitted to protect viands from insects. Any device includes any fabricated accessories that can be used to safeguard the commodities from possible contamination. Section 4.C.03. Monitoring. The Municipal Health Officer or his/her duly authorized representatives are required to monitor and check all food establishments in the compliance of this article. Section 4.C.03. Penalty. Violation of this article shall be punishable by a fine of not less than Fifty (P50.00) pesos, but not exceeding One Hundred (P100.00) pesos, or an imprisonment of not less than ten (10) days, but not exceeding One (1) month, or both at the discretion of the court. Article D Mandatory Annual Sputum and Stool Examination Section 4.D.01. Regulated Acts. a. Individual engaged in an occupation or working in an establishment, the nature of which engages her/him to have direct contact with clients/customers is hereby required to undergo sputum and stool examinations once a year.

Code of General Ordinances Balete, Aklan

19

b. Operators of establishment shall be required to disclose the number of their employees and shall see to it that they possess the necessary Medical Certificates before allowing to work. Section 4.D.02. Definition. As used in this article: Operators include the owners, proprietors, managers, administrators or any persons who operate or are responsible for the operation of a business establishment or undertaking. Section 4.D.03. Administrative Provision. The Municipal Health Officer shall keep a record of physical and other health examinations conducted and the copies of the medical certificate issued, including the names of individuals, the dates and the purposes for which the examinations were made. Section 4.D.04. Penalty. Violators of any of the provisions of this article shall be punished for the first offense by a fine of Fifty (P50.00) Pesos; One Hundred (P100.00) Pesos for the second offense; and the revocation of medical certificate for the third offense. Article E Cleanliness in Public Places Prefatory statement. The Environment Code of the Municipality (Ord. No. 0052005) ordains comprehensive provisions on Solid Waste Management. The herein provisions sought to complement what are already mandated in the said Environment Code. Section 4.E.01. Anti-Littering Regulations. . Littering is strictly prohibited in this municipality. Section 4.E.02. Definition of Terms. For purposes of this article the terms used herein shall refer to the following or shall have the following meaning: a. Litter-refers to garbage which could be biodegradable or not; b. Littering-the act of scattering or throwing garbage outside receptacles; c. Public Plaza- shall refer to places generally used by the public such as streets, plaza, environs of public buildings and schools. d. Inland bodies of Water-shall refer to rivers, creeks and streams generally used for public navigation, washing and hygiene. e. Receptacles- refer to boxes made of any materials where garbage is placed by the public. Section 4.E.03. General Provisions. a. Household or houses within the Poblacion and its immediate environs to include Sitio Bantayan and Naspasan shall place their garbage in garbage plastic bags or sacks and deposit them in receptacles that maybe provided for collection by the garbage disposal team of the municipality. Household

Code of General Ordinances Balete, Aklan

20

outside these areas referred to above shall either dig a garbage pit or a common pit for their garbage. b. In no instance shall garbage be thrown at or in the inland bodies of water of the municipality especially the Jal-o River that traverses the Poblacion. c. Households or houses abutting the Jal-o River from Sitio Naspasan to Sitio Mapait shall maintain individual septic tanks or pit privy whichever is affordable and in no case shall its effluent be drained or discharged onto the ground surface or towards the river or body of water. Likewise pigsties shall be prohibited within the poblacion and other declared residential areas and the banks of rivers, creeks and streams. Section 4.E.04. Penal Provision. Any person violating this ordinance shall be meted the following fines: First Offense P100.00 Second Offense P150.00 Third Offense P300.00 and/or an imprisonment of no less than one day and not more than three (3) days or both upon the discretion of the courts. Article F Regulations on Stray Animals Section 4.F.01. Regulated Acts. For sanitary reasons, straying of Hogs, swine and pets inside the Public market, the Municipal Plaza and other public places is prohibited; Section 4.F.02. General Provisions. a. Any stray hogs, swine and pets found inside the Market Public Plaza shall be confiscated and brought to the Municipal Impounding Center for proper disposition; b. Confiscated hogs, swine and pets not claimed within Thirty Six (36) hours shall be forfeited and sold at public auction, the proceeds of which shall inure to the Municipal Government; Section 4.F.03. Penal Provision. Owners of stray animals thus confiscated shall for the first offense, be finished Twenty Pesos (P20.00), Fifty Pesos (P50.00) for the second offense with a stern warning that if their animals be caught for the third time, the same shall be forfeited in favor of the Municipal Government. Article G Mandatory Sanitary Toilet for Every Household Section 4.G.01. All house owners or occupants therein within the Municipality of Balete are obliged to provide themselves with Sanitary Latrine or other system duly approved by the Sanitary Inspector.

Code of General Ordinances Balete, Aklan

21

Section 4.G.02. Failure to comply with the above ordinance is penalized with the fine of P200.00 and not more than P1,000.00 and imprisonment of not less than 20 and not more than 30 days or both under the discretion of the court. Article H Support to PhilHealth Program Section 4.H.01. Regulated Acts. This chapter covers the enabling ordinance adopting, supporting and implementing in this municipality the National Health Insurance Program (NHIP) and its governing rules as set forth in R.A. 7875, as amended by R.A. 9241, and its revised implementing rules and regulations (Ord. No. 08-2006). Section 4.H.02. Authority and Purpose. As provided for in Article II, Section 15 of the Philippine Constitution which declares that the State shall protect and promote the right to health of the people and to instill health consciousness among them, and Article XIII, Section 11 further states that the State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health, and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children. Section 4.H.03. Undertakings of the Municipality. a. The municipal government is mandated to adopt and/or continue its support to the NHIP and its governing rules and regulations as set forth in R.A. 7875, as amended by RA 9241, and its Revised Implementing Rules and Regulations. Such support shall include active advocacy for NHIP participation by private and non-government organizations within its territorial jurisdictions, mandating compliance to NHIP rules by entities required to obtain LGU permits/licenses, and the setting up of revolving funds for medicines in owned or managed hospitals, as may be warranted under existing rules/guidelines or similar future arrangements and/or NHIP issuance; b. Grant of authority to the Mayor to enter into any favorable modification of the MOA with the PhilHealth relative to the implementation of NHIP in the municipality; and c. Continuous allocation of funds as the LGUs counterpart subsidy for qualified beneficiaries within its jurisdiction as evidenced by a Certificate of Availability of Funds. Section 4.H.04. Enforcement. The Municipal Heath Office, the Municipal Budget Office and the Office of the Municipal Treasurer are hereby mandated to enforce this ordinance.

Code of General Ordinances Balete, Aklan

22

Article K PhilHealth Capitation Fund Section 4.K.01. Regulated Acts. A PhilHealth Capitation Fund (PCF) is hereby created from the proceeds of the outpatient consultation and diagnostic benefit package to be provided by the Philippine Health Insurance Corporation (PhilHealth) for qualified indigent families of the Municipality of Balete, Aklan under the indigent sector component of the NHIP (Ord. No. 09-2006). Section 4.K.02. Administrative Provisions. The use, management and disposition of the PhilHealth Capitation Fund shall be governed by the following rules: a. The capitation amount shall be released on a quarterly basis by the Corporation under the following conditions: a.1. Initial release shall be subject to prior accreditation of the municipality-owned and managed Rural Health Unit and the payment of premium contribution by the Municipality; and a.2. Succeeding release of quarterly capitation shall be subject to the submission of required monitoring/evaluation reports as provided for under the Implementing Guidelines of the Outpatient Consultation and Diagnostic Package and prior payment of premiums. b. The disposition of the PCF shall be governed by the following rules: b.1. The disbursement and liquidation of the PCF shall be in accordance with pertinent government accounting and auditing rules and regulations; b.2. A separate book of accounts shall be maintained by the local government unit; and b.3. The capitation fund shall be used only for the specified purposes stipulated in the Outpatient Consultation and Diagnostic Package Guidelines. c. The PhilHealth may withhold the release of the subsequent quarterly PCFs due to any of the following: c.1. Delay or non-payment of premium contribution; c.2. Violation of government accounting and auditing rules and regulations on the disbursement and liquidation of the PCF; and c.3. Non-submission of the required reports under item a.2. hereof.

CHAPTER V CULTURE, IDENTITY, HERITAGE AND EDUCATION Article A The Municipal Seal of Balete Section 5.A.01. Regulated Acts. The Municipal Seal of the Municipality of Balete, Aklan is hereby revised.

Code of General Ordinances Balete, Aklan

23

Section 5.A.02. General Provision. The new design of the Municipal Seal be rendered as shown hereunder and shall bear the following features:

a. b. c. d. e. f. g.

The Balete Tree; The Jal-o River; A vast ricefield; The Agtawagon Hill; 10 Rays; A batch of pineapple; and The Label: Municipality of Balete, Aklan

Section 5.A.03. Symbolism and Interpretation. The Official Seal of Balete shall be interpreted in the context of the vision-mission statement of the Municipality of Balete encompassing its social, political, economic, cultural, spiritual and environmental dimensions. The features therein thus shall be taken in the following manner: a. A meandering Jal-o River flows into the heart of a vast field, to symbolize the historicity for which every Baleten-on takes an active part; b. On the foreground are batches of pineapple (red Spanish variety) which encapsulate the tradition as well as the future of the Baleten-on community; c. As in the old municipal seal, the Agtawagon Hill stands as its backdrop and is met on the horizon by a vast ricefield cut by a winding body of water. They represent the topography and the resources of our town. It also connotes the ways of life of our people. d. Amid the fields rises the Balete Tree, sturdy and reaching out into the sky. It epitomizes everything that is Baleten-on; its roots penetrating deeply into the earth, its shade sheltering us from the elements, its lush leaves nurturing our hopes and dreams for a better Balete than yesterdays. It is our source of identity. e. The rays behind the Hill represent the ten constituent barangays of Balete and the history of its people which ought to be presented into the light for all to apprehend. f. The label which read Municipality of Balete, Aklan enveloping these representations asserts the Baleten-on identity while it reaffirms the commitment and the role of the Baleten-on community as part of the Aklan province in its quest of approximating its vision and mission for the Aklanon people.

Code of General Ordinances Balete, Aklan

24

Article B Proper Names of Public Institutions Section 5.B.01. Regulated Acts. The public institutions hereunder referred to and identified shall bear the following official names: a. The Mayor Bernardo J. Rodriguez, Sr. Memorial Hall is hereby renamed into Balete Community College Mayor Bernardo J. Rodriguez, Sr. Building. b. The Municipal Library shall be henceforth named as BCC Public Library. c. The 6th Municipal Circuit Trial Court (Altavas-Balete) in the Municipality of Balete, Aklan is shall be known as Salvador F. Calizo Hall of Justice. d. The Balete Association International Laboratory behind the Rural Health Center is hereby renamed into Mike O. Calizo Laboratory. e. The access roads connecting Sitio Anao and Sitio Sumaeague, all of Barangay Aranas, Balete, Aklan, to the National Highway are hereby named Miguel Calizo Barangay Road and Adriano Calizo Barangay Road respectively. f. The renovated and improved sports complex located at the Municipality of Balete is hereby named as the Mayor Teodoro F. Calizo, Sr., Memorial Civic Center. Article C Scholarship Program Section 5.C.01. Regulated Acts. There is hereby established a Scholarship program to be known as the Teodoro V. Calizo, Sr. Memorial Scholarship Program (TFCMSP). Section 5.C.02. General Provisions. a. The amount of One Hundred Thousand Pesos (P100,000.00) shall be appropriated annually for this purpose. b. The amount appropriated herein shall be used to extend financial assistance to deserving individuals through Scholarship grants, but in no case the number of grantees exceeds Five Students per year. c. The grantees shall be enrolled only in any public schools/state colleges/universities within the Province of Aklan after meeting the requirements set by the committee on culture and education of the sangguniang bayan of Balete; provided that previous grantees shall continue their studies in the school/college/university where they were initially enrolled. Section 5.C.03. The Rules and Regulations Implementing the Scholarship Program. These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Scholarship Ordinance of the Municipality of Balete, Aklan in order to facilitate compliance therewith and achieve the objectives thereof. Section 5.C.04. Scope of Application. These Rules shall apply to the following: a. All students enjoying the scholarship grant of the Municipality;

Code of General Ordinances Balete, Aklan

25

b. All applicants to the said scholarship grant; and c. Involved personnel. Section 5.C.05. Qualifications and Requirements of Applicants. Any high school graduate, male or female who meets the following requirements may apply: a. Must be a Filipino citizen and a resident of Balete; b. Must have a general average of at least 85% (high school); c. The income of the Family of the beneficiary must not exceed the amount of P50,000.00 per annum; and d. Must have a good moral record. Section 5.C.06. Submission of Application and Requirements. Interested parties must submit their written applications to the Office of the Mayor on or before the month of April of each year together with the following: a. application letter; b. a photo copy of his/her DECS Form 138 (Report Card) c. Certificate of good moral character signed by the principal of the last school attended; d. Certificate of Tax Exemption from the BIR: e. Certificate from the Punong Barangay; f. Bio-data; and g. One copy of 2x 2 photo. Section 5.C.07. Testing and Screening of Applicants. The testing and screening of applicants shall be administered by the Archbishop Gabriel M. Reyes Memorial Foundation or any NGOs not directly associated with the Local Government. The screening shall be done within the Month of May of each year at the Sangguniang Bayan session hall of Balete, Aklan. Section 5.C.08. Selection Criteria. The manner of determining the selection of grantees shall be as follows; Scholastics Aptitude Values Command of Language 40% 25% 20% 15% 100%

The top five among the applicants shall automatically be considered as beneficiaries of the Scholarship grant and shall enjoy the same privileges granted to other recipients of the scholarship grant of the Municipality. Section 5.C.09. Privileges. The scholarship grantee shall enjoy the following privileges: a. Tuition Fees b. Miscellaneous Fee (i.e., Entrance Fee)

Code of General Ordinances Balete, Aklan

26

Section 5.C.10. Limitation. The grant shall only be extended to a student enrolled in any public schools, colleges or universities within the Province of Aklan; provided further that he/she enrolls in any course other than those whose Tuition fees exceed P3,000.00/semester. Section 5.C.11. Grounds for Disqualification. The grantee shall continue to enjoy the privileges consequent to his/her being a scholar provided that he/she: a. maintain a general average of 80% (2.50) and should not have a final grade in any subject lower than 75% (3.00) b. refrains from participating in any subversive activity; c. abstains from any criminal activity; and d. Desists from committing any obscene/indecent act that causes serious damage to his/her honor and dignity as a person as will as to the name and honor of the Municipality. Section 5.C.12. Enrollment. The Office of the Municipal Treasurer with the assistance of the Committee on Culture and Education of the Sangguniang Bayan shall be responsible for the enrollment and the payment of tuition fees of the scholars. It shall likewise be the task of the said committee to determine the qualifications of the scholars for re-enrollment. Section 5.C.13. Gathering of Scholars. The SB Committee on Education and Culture shall set time for a meeting of beneficiaries before the start and the end of every semester. The said meeting should be conducted to promote a spirit of camaraderie among the scholars themselves as well as to plan out how they could be of better service to their community. Section 5.C.14. Additional Provisions. Grantees are expected further to actively participate in any civic activities sponsored and or introduced by the Municipal Government. Article D Mandatory Pre-Marriage Counseling Section 5.D.1. Regulated Acts. There is hereby required a pre-marriage counseling on responsible parenthood, family planning and nutrition to all parties securing marriage license in this municipality. Section 5.D.2. General Provisions. a. A pre-marriage counseling team constituted by the municipal mayor shall be authorized to conduct such counseling and therewith issue Certificate of Attendance. b. The PMC shall be composed of personnel coming from the Municipal Population Office, the Municipal Health Office, the Office of the Municipal Agriculturist and the Municipal Social Welfare and Development Office.

Code of General Ordinances Balete, Aklan

27

c. No marriage license shall be issued to any contracting party without showing proof of having undergone such pre-marriage counseling by the said PMC team. Article E Special Bodies for the Promotion of Tourism, Culture and the Arts Section 5.E.01. The Municipal Culture and Arts Council of the Municipality. The MCAC is hereby created and constituted as follows: a. Chairman: Local Chief Executive b. Members: b.1. A representative of the Municipal Tourism Council; b.2. Chairman, SB Committee on Education and Culture; b.3. MPDC; b.4. Municipal Information Officer; b.5. Municipal Budget Officer; and b.6. Two (2) representatives from the Civil Society Organization. Section 5.E.02. Function. The Municipal Culture and Arts Council shall endeavor to promote the Filipino Culture, instill nationhood and cultural unity and raise the level of consciousness of the people on cultural values, conservation of historical and cultural heritage and resources, and shall a. Prepare an annual plan on culture and the arts consonant to the Medium Term Philippine Development Plan for Culture and the Arts, to be integrated in the local development plan b. Formulate programs and recommendations to develop local cultural and artistic talents c. Ensure the protection, preservation and conservation of the local cultural and historical heritage d. In coordination with the private sector, conduct cultural events such as cultural festivals; set up exhibits during fiestas and other related activities. e. Conduct periodic consultations with all stakeholders to identify grassroots-based cultural concerns; issues and agenda f. Encourage the development of local cultural industries g. Conduct periodic inventory of local cultural objects and sites in coordination with the National Commission for Culture and the Arts h. Coordinate with existing Local Culture and the Arts Councils. Section 5.E.03. Term of Office. The members of this council shall serve co terminus with the term of the Local Chief Executive.

Code of General Ordinances Balete, Aklan

28

CHAPTER VI FINAL PROVISIONS Article A General Penal Provisions Section 6.A.01. Penalty. Any violation of the provisions of this Code not herein otherwise covered by a specific penalty, or of the rules and regulations promulgated under the authority of this Code, shall be punished by a fine of not less than Two Hundred Pesos (P200.00) and not more than Two Thousand Pesos (P2,000.00) and/or imprisonment of not exceeding fifteen (15) days, or both fine and imprisonment, at the discretion of the Court. If the violation is committed by any juridical entity, the President, General Manager, or any person entrusted with the administration thereof at the time of the commission of the violation shall be held responsible or liable therefore. Article B Participation in Voluntary Community Service Program Section 6.B.01. Voluntary Community Service Program. Before the appropriate proceedings are filed in court and within seventy-two hours (72) from the time of his/her apprehension, the apprehended party may opt to volunteer and participate in the Voluntary Community Service Program [VCSP] of this municipality. The Office of the Mayor shall conceptualize and package the said program for adoption by the Sangguniang Bayan and manage and supervise its implementation. The VCSP shall be guided by the following basic policies and principles: 1. It shall respect human rights and the activities therein shall be designed to teach values such as responsibility towards the community, among others. 2. The activities of the program shall not be demeaning to volunteers and they shall not be made to wear anything that would mark them as an offender. 3. The program shall take into consideration the expertise of volunteers and assign them to activities that best suit their expertise, if practical and workable. 4. The areas of activities where the volunteers may participate could be in social services, value formation, environmental management, gender and development, peace and order, engineering, health services, agriculture and such other priorities of the local government where the volunteers expertise could be put to good use. 5. The program shall devise a scheme for determining the number of hours of community service, for example: In Terms of Fines: a) For a fine of P100.00 or less - 2 hours community service b) For a fine of P101.00 to P200.00 - 3 hours community service c) For each succeeding P200.00 fine or a fraction thereof thereafter - 2 hours community service In Terms of Imprisonment: a) For 2 days or less of imprisonment - 8 hours community service b) For each 2 days of imprisonment Code of General Ordinances Balete, Aklan

29

or a fraction thereof - 4 hours community service 6. After a volunteer has rendered in full his/her community service, he/she shall be entitled to a certificate of appreciation for the services rendered to this municipality and its constituents. 7. The program may also accept all other volunteers who just wish to serve their community in one way or the other. 8. The program shall make provisions for minors who may be required or may also volunteer to render community service. 9. The VCSP shall not be applicable to the payment of taxes, fees and charges imposed under the Revenue Code and other ordinances of this municipality. Article C Implementing Rules and Regulations Section 6.C.01. Implementing Rules and Regulations. The Office of the Mayor may issue rules and regulations for the proper implementation of this Code. Article D Separability, Applicability, Repealing and Effectivity Clauses Section 6.D.01. Separability Clause. If, for any reason, any provision, section or part of this Code is declared not valid by a Court of competent jurisdiction or suspended or revoked by the authorities concerned, such judgment shall not affect or impair the remaining provisions, sections or parts which shall continue to be in force and effect. Section 6.D.02. Applicability Clause. All other matters relating to the impositions or regulations provided in this Code shall be governed by the pertinent provisions of existing laws and other ordinances. Section 6D.03. Repealing Clause. All ordinances, rules and regulations or parts thereof, in conflict with, or inconsistent with any provisions of this Code are hereby repealed or modified accordingly. Section 6.D.04. Effectivity. This Code shall take effect after its approval.

CONCURRING: SYLVIA V YASA SB Member INOCENTES F. BANTIGUE, JR. SB Member

CRISPINO P. BELTRAN, JR. SB Member

APOLINAR C. CLEOPE SB Member

Code of General Ordinances Balete, Aklan

30

PATRICK F. LACHICA SB Member

CIRIACO T. FELICIANO SB Member

PETER C. RECIDORO SB Member

JOSELITO C. DELOS REYES SB Member

ROBERTO A. CUARE SB Member/Pres. Liga ng mga Brgy

JHON MEL KESTER M. REBENITO SB Member/Pres., SK Mun. Federation

DISSENTING: None ABSTAINED: None

CERTIFIED TO BE DULY ENACTED during the 70th Regular Session of the Sangguniang Bayan (for the period 2010-2013) held on Thursday, November 17, 2011 at the Session Hall.

ROMAN R. VILLARUEL Vice Mayor/Presiding Officer

ATTESTED:

AL F. DE LA CRUZ Secretary to the Sanggunian

APPROVED: TEODORO V. CALIZO, JR. Municipal Mayor Date of Approval: _______________

Code of General Ordinances Balete, Aklan

31