Mindanao Daily News (June 21, 2014)

Mindanao Daily NEWS northmin . westmin . caraga . davao Your Regional Mindanao-wide Community Newspaper

Volume III, No. 028

web portal: www.businessweekmindanao.com

Saturday

ROTARY INTERNATIONAL

THE FOUR-WAY TEST of the things we think, say or do

1. Is it the TRUTH? 2. Is it FAIR to all concerned?

3. Will it build GOODWILL and BETTER FRIENDSHIP? 4. Will it be BENEFICIAL to all concerned?

See story P15.00 on Page 12 June 21, 2014

CDO tops e-Readiness Survey

C

ity Mayor Oscar S. Moreno received the award for Cagayan de Oro as it topped the E-Readiness Survey conducted by the Department of Science and Technology. The awarding was done during the Innovation and Connectivity through Technology Forum held at InterContinental Hotel in Makati on June 18, 2014.

The forum was attended by various local government units (LGUs) and was organized by the Department of Local Government (DILG), Department of Trade and Industry (DTI), Department of Science and Technology (DOST), United States

Agency for International Development (USAID), Deutsche Gesellschaft for Internationalle Zusammenarbeit (GIZ) and the Canadian Government.

The City Government of Cagayan de Oro took See survey, page 2

Cops nab Bukidnon cult leader for rape cases CAGAYAN DE ORO CITY -- Police arrested the leader of a cult in San Fernando town in Bukidnon Wednesday for allegedly raping young members of his group.

Insp. Joann Galvez, Bukidnon Provincial Police Office spokesperson, identified the suspect as 53-year-old Felipe Rivera.

Rivera is reportedly the founder and leader of a group called Philippine Reformation Catholic Church, which is based in the said

municipality.

Galvez said that Rivera was arrested based on two arrest warrants issued by Malaybalay City Regional Trial Court (RTC) Branch 8 Judge Isobel Barroso last February.

Rivera was picked up inside the group’s hideout in sitio Sulog, barangay Halapitan in San Fernando town at 10:30 in the morning last Wednesday. He did not resist arrest.

The arrest warrants See nab, page 2

RECOGNIZING TOP TAX CONTRIBUTORS: Misamis Oriental 2nd District Representative Juliette Uy, together with Villanueva local government unit officials led by Mayor Julio Uy present a Plaque of Appreciation to energy-firm STEAG State Power Inc. (SPI) for being one of the top business and real property tax payers in Villanueva, Misamis Oriental. Steag Community Relations Manager Ghaye Alegrio (left) received the award on behalf of the company during the Villanueva 52nd charter day celebration. photo supplied

Misamis Occidental officials upbeat on disaster preparedness

By GERRY LEE GORIT Correspondent

CAGAYAN DE ORO CITY -- The governor of Misamis Occidental and 17 mayors of the municipalities of the province completed the twoday disaster summit held on June 17-18 in Cagayan de Oro City.

The summit was called for by the regional office of the Office of Civil Defense for all local chief executives and their disaster risk reduction management teams.

Governor Herminia Ramiro and Ozamiz City Mayor Aldong Parojinog led the government officials participating from Misamis Occidental.

“Very fruitful,” Ramiro said of the summit.

“The more we will be striving to strengthen our disaster preparedness,” she added.

All 14 municipalities and all 3 cities of the province were represented.

Ozamiz City Mayor Aldong Parojinog signs the “Strengthened Declaration of Cmmitment to Disaster Risk Reduction and Management” during the provincial disaster summit held Wednesday in Cagayan de Oro City. The summit gathered together the local chief executives of Misamis Occidental. Standing beside him is Governor Herminia Ramiro and other mayors of the municipalities. photo by gerry lee gorit

“Our concentration in the province is flood control,” Ramiro said, noting the long coastal area of the province.

In Ozamiz City, Parojinog said they are prepared with rubber boats, scuba

diving gear and other rescue equipment.

He said they put their preparation along the rivers of the city.

He added that the city’s drainage system is underSee upbeat, page 5

Philippines investors remain most optimistic in the region - Manulife Survey MANILA, 6 June 2014 – Philippines investor sentiment slipped in the first quarter of 2014 but remains the highest in the region, alongside Malaysia, according to Manulife’s latest quarterly survey into investor sentiment in the country.

While optimism is down slightly from the previous quarter (-8 to 58), more investors still regard it as is a good time to invest and sentiment remains overwhelmingly positive. At the asset class level, sentiment dropped across the board except towards cash; although again, investors remain optimistic about all asset classes (equities lost 7 points to reach 41, fixed income was down 15 to 45, mutual funds declined 16 to 35, and investment property slipped 9 to 70).

“Our second survey of investor sentiment in the Philippines continues to reveal great optimism. A strong stock market performance during the quarter

• Philippines investor sentiment remains most optimistic in the region, alongside Malaysia • There is strong support for raising the retirement age • Over two thirds say leaving an inheritance to their children is their primary retirement concern • Reliance on private healthcare expected to rise in retirement, yet healthcare insurance ownership levels remain low and strong economic growth expectations look to be underpinning the upbeat sentiment,” said Ryan Charland, President and CEO, Manulife Philippines.

The research, part of the Manulife Investor Sentiment Index (MISI) survey,* shows that sentiment in the Philippines is joint highest with Malaysia, and at 58 is more than double the regional average of 24 (up two points from 22 in the previous quarter).

“Stocks were up 9 percent in the first quarter thanks to company earnings being in line with or better than estimates. Yet, sentiment may

have built in a higher inflation outlook and the rise in banks’ reserve requirements, which was interpreted as a prelude to further tightening measures to curb strong liquidity growth,” said Ms. Aira Gaspar, Chief Investment Officer, Manulife Philippines. “We expect sentiment towards equity to pick up from here, as resilient domestic consumption and rising investment spending are supportive of an upward corporate earnings trajectory.”

Official retirement age should rise Despite the optimism, See manulife, page 5

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News

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saturday, june 21, 2014

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Bukidnon • Camiguin • Lanao del Norte • Misamis Occidental • Misamis Oriental

3 cities, 8 towns in Mis. Occ, prone to flood, storm surge

By ERCEL MAANDIG

CAGAYAN DE ORO CITY -- The Mines and Geo-science Bureau of the Department of Environment and Natural Resources (DENR)

has, except for 2 towns, identified all towns and three cities of Misamis Occidental as prone to coastal flooding, the Office of Civil Defense here said on Thursday.

See prone, page 5

Rep. Rufus B. Rodriguez, (6th from left), turns-over the Capital Seed Fund check from the Department of Social Welfare and Development under the Self-Employment Assistance-Kaunlaran (SEA-K) Program, secured thru the efforts of Rodriguez to the SEA-K Association of Barangay Tablon amounting to P125,000 for 25 beneficiaries. The project is being implemented in coordination with Barangay Chairman Romeo R. Bacarro. Also in the photo are Fr. Nathan Lerio; Department of Social Welfare and Development Finance Head Manuel Borres; City Social Welfare and Development Livelihood Coordinator Dorotea Elpa, Kag. Rollin C. Jacutin, and Barangay Nazareth Chairwoman Jocelyn B. Rodriguez. KENDISCHAVES

‘Trans’ group protest stiff fines versus PUVs GAYAN DE ORO CITY -- Leaders of public transport here and in Northern Mindanao on Wednesday joined the nationwide protest against the imposition of stiff fines for violations involving motor vehicles.

The 800-strong Solidarity of Transport Alliance in Region X (Starex), which is under the umbrella of the left-leaning Piston, held a caravan rally in various

urban junctions here to decry the joint administrative order of the Land Transportation Franchising and Regulatory Board (LTFRB) and Land Transportation Office (LTO) imposing stiff penalties against “colorum” (illegal) vehicles.

Julieto Galleros, Starex president, said that the new penalties are prone to corruption.

“The LTO-LTFRB order

is another kind of “money making” scheme at the expense of the transport sector,” Galleros shouted over a loudspeaker while the caravan approaches the City Hall building on Wednesday morning.

He said that the group hired private vehicles for the caravan because of earlier reports that the LTFRB would suspend the franchises of transport operators

who would employ public utility vehicles during the protest caravan.

Galleros said that the drivers should not bear the brunt of the new penalties because they contribute a lot to the economy of the country.

The LTO-LTFRB, both under the umbrella of the Department of Transportation and Communication

Survey...

compliance on business processing and licensing system (BPLS) standards.

Cagayan de Oro’s current automation in its business process and licensing system (BPLS) was developed in-house, at the low cost, and through the years has been shared with more than hundred LGUs. This year, with a grant from DOST and support from USAID on its computerization, further enhancement and innovation have been introduced, including the development

of billing and payment kiosks.

The city’s distinction for e-Readiness was further confirmed by no less than USAID Mission Director, Ms. Gloria D. Steele, in her message at the forum when she said” we were impressed at what we saw a few weeks ago when we visited Cagayan de Oro together with Acting Deputy Director for Asia, Denise Rollins, and the result of a streamlined BPLS, showing almost 40% increase in revenue for the first quarter this year compared to the same period last year.”

During the one day ICT Forum, Mayor Moreno also gave a five-minute presentation of Cagayan de Oro’s “Hassle Free Payments,” featuring the tax payer

friendly, time saving billing and queuing kiosks located at the finance office of city hall. (CIO)

from page 1

lead in the e-Readiness Survey Award as nine other LGUs were also recognized – cities of Valenzuela, Batangas, Makati, Taguig, Mandaluyong, Quezon City, San Fernando.

The award was based on the results of the BPLS Survey and e-Readiness Survey for Cities and Municipalities, 2014. The Survey included human resource, hardware and software capacities, and

TEL NO: (088)852-0127 SMART: 0947-991-3742 / 0998-542-0847 SUN: 0932-876-3742 GLOBE: 0917-541-8608

MDN: June 16-Dec.15, 2014

See protest, page 5

Nab... from page 1

stemmed from an October 2013 complaint filed by an 11-year-old girl and a 15-year-old girl.

The incidents allegedly occurred a total of nine times, according to the two separate complaints.

Galvez said that the socalled Philippine Reformation Catholic Church has not been registered as a religious group to any government agency.

Rivera is temporarily detained at the San Fernando municipal police station, pending an order from the court.

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Opinion

EDITOR: RUEL V. PELONE • ruel_pelone2002@yahoo.com

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The Mindanao Daily nORTHMIN, Mindanao Daily CARAGA , mindanao daily westmin and , Mindanao Daily DAVAO newspapers are published daily by MINDANAO DAILY NEWS at Door 2, Tanleh Building, Abellanosa St., Brgy. Consolacion, Cagayan de Oro City. It is registered with the Department of Trade and Industry (DTI), Region 10 with Certififcate No. 01791042, and with Business Permit No. BP-02275 Under Business License Certificate No. 2014-00525, TIN No. 209-980-927, Tel. Nos: (088) 856-3344, (08822)7233-44, 0917-7121424, 0947-8935776 E-mail: mindanaodaily.ads@gmail.com, mindanaodailynews@gmail.com MER SUDARIA Publisher ALLAN M. MEDIANTE Editor-in-Chief ruel pelone Managing Editor cheng ordoÑez Associate Editor CRIS DIAZ Executive Editor Arjay Felicilda Assistant Editor felix santillan Layout Artist Rene Michael BaÑos Regional Editor-Northmin PAT SAMONTE CHRIS PANGANIBAN Regional Editors-Caraga SAM NERI Provincial Editor-Bukidnon AL JACINTO Regional Editor-WestMin irene dayo Reporter-NorthMin gerry lee gorit Photo Journalist URIEL C. QUILINGUING JOE FELICILDA Editorial Consultant ATTY. MARIO T. JUNI NOTARY PUBLIC- JUNI LAW OFFICE CELL NO: 09352379999/ (088) 8573595 CRUZ TAAL ST., CAG. DE ORO CITY Legal Counsel ---------------------------------------------------------------

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On the mass transport railway project in Davao

Davaoeños will soon enjoy mass railway transport system If the proposed project would push through as tackled during a recent BIMP-EAGA investment conference.

Developments show that Davao Integrated Development Program (DIDP), Mindanao Business Council (MinBC), MCC Capital Inc., a UK-based financial institution, and local government units in the Davao Region have signed a memorandum of agreement (MoA) on the proposed Davao Light Rail Transit (LRT) and the construction of a bridge in Samal.

It is high time that a big metropolis such as Davao should have its own the LRT or MRT system to ply the coastal areas of Davao City, as well as neighbouring areas in Davao del Sur (Sta. Cruz), and Davao del Norte (Panabo City).

The project cost was R240 billion in 1997 when it was first proposed. It was proposed to be 60 kilometers in length and a BOT

(build, operate, transfer) project.

A railway system means a more convenient and shorter travel period to the rural areas where there are still many unexplored tourist spots to be experienced. Davao City is one of the world’s largest cities in terms of land area, and having its own metropolitan rail system by 2015 would address the area’s transport for a growing number of commuters in an expanding economy.

The DOTC bares that Davao MRT will require an $844.50-million investment before it becomes operational by 2015. The intended railway system will initially stretch across the major highways of Tagum City-Carmen-Panabo City-Davao City-Sta. Cruz-and Digos City in Davao del Sur, with 26 stations from the towns of Toril to Lasang.

The mass transit system would surely cope with the increased population

Editorial

growth, vibrant economic activity, and other urban development pressures.

The project will eventually be part of the DOTC’s 2,000-kilometer six-phase railway project which would link the cities of Cagayan de Oro, Iligan, Zamboanga, Surigao and General Santos, and Agusan province.

On the other hand, Surely, a mass railway transit like in Manila was conceived in the minds of the Philippine government and erected solely to ease up the perennial traffic in certain portions of the metropolis particularly during the horrible rush hours of commuters coming in and out of the city, but in reality did nothing really practical to serve its purpose according to critics.

Why? Instead of reducing the number of public utility vehicles such as buses and jeepneys which regularly ply along the thoroughfares where the MRTs are erected, the long and wide expanse of the structures have en-

croached upon a large and considerable portions of the highways and hence have only added unnecessary burden in the already heavy traffic routes. THIS MUST BE ADDRESSED in the proposed Davao mass transit project.

A possible repeat of the disastrous mistake in Manila may happen in Davao. Comparatively, traffic in Davao is much milder than Manila.

The MRT should be a convenient conveyance of visitors from nearby provinces than for commuters within the city itself. Thus in considering its own metropolitan rail system by 2015 in anticipation of the city’s ever increasing population, Davao City could focus more for economic growth, and urban development.

But it could also irrevocably alter forever the simple but cosmopolitan serenity of the cityscape of Davao. The project’s architects must consider this problem. We do not want a repeat of the Manila problem now.

Gasoline substitute from human waste? Why not!

LIFE’S INSPIRATIONS: “…The Lord sends poverty and wealth; he humbles and he exalts…” (1 Samuel 2:7, the Holy Bible).

-oooHUMAN WASTE TO REPLACE GASOLINE? Here is a repost from 2010, to give an additional perspective on how a Filipino investor can help combat the continuing increases in price of gasoline and other petroleum products through the use of a gasoline substitute.

Read on: “Orlando Marquez, an inventor who has been named to the Road Board of the Department of Public Works and Highways (DPWH)

Kakampi mo ang batas Atty. Batas Mauricio because of his being an operator of public utility jeepneys in Metro Manila, should be heard by the government regarding his quest to use human waste as a substitute for gasoline, and as a source of electricity and cooking gas.

“I went to see him at his Road Board office Wednesday, September 15, 2010,

and was I regaled and awed with a technology he has perfected with the help of science-minded associates from the Philippine Inventor Society which makes beneficial use of human waste!

“For about one hour, Marquez, with an associate by the name of Joseph Abeleda, gave me an exclu-

sive briefing on this awesome technology which, when developed to its full potential, will make the Philippines stop using oil and gasoline, produce A-1 fertilizer which could rejuvenate our soils almost overnight, and then generate electricity which could supply towns and cities without using diesel or other fossilized fuel.

“To those reading this column now, please take note that Marquez and Joseph were not talking in the realm of what is yet to come--the technology of using human waste for energy is already here, and is in fact See batas, page 5

Mindanao Daily 5 NEWS

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Batas... from page 4

in danger of being pirated now by other countries, if the government refuses to recognize its potential. Read more of this next issue, God willing.

-oooBIG OIL COMPANIES REJECTING USE OF HUMAN WASTE AS GASOLINE SUBSTITUTE? “Reactions are literally pouring in regarding our item here that there is already a technology developed by Filipino inventors which can transform human waste as gasoline and liquefied petroleum gas substitutes, and to be used as sources of electricity that can provide power to cities and communities across the country.

“Many are asking why this technology, developed

by Director Orlando Marquez of the Road Board of the Department of Public Works and Highways and by his associates at the Philippine Investors Society, is not being pursued by the government, under its past and present leaderships.

“Our readers here are asking if this failure of government to seriously pursue this “human waste” technology could be attributed to the influence of big oil and gasoline companies which are known to be heavy contributors to the campaign funds of some candidates running for elective positions in past elections.

“The over-all perception is that, it is actually treason for anyone in government to be ignoring such an important technology, more so in the light of dwindling supply of fossilized fuel (oil and gasoline), and of the pernicious effects of the use of fossilized fuel on the environment.”

-oooREMINDERS: Please tune in: “Tambalang Batas at Somintac sa DZEC”, at 1062 kHz on the AM band, Mondays to Fridays, at 6 a.m., simulcast, real time, over www.eaglenews.ph; “Kakampi Mo Ang Batas sa Radyo Trabungko FM”, at 103.7 mHz in Don Carlos, Bukidnon, Mondays to Fridays, at 7 a.m.; and “Kakampi Mo Ang Batas sa DYKA” at 801 kHz on the AM band (Panay Island), Mondays to Fridays, at 10 a.m.

Protest... from page 2

(DOTC), would impose a fine of from P 150,000 to P 1 million to public utility vehicles without proper documents and franchises.

Instead, Galleros challenged LTO and LTFRB officials to clean the agencies of the image of corruption.

Allan Gamba, Chair of the Commuters, Drivers and Operators Transport Cooperative (CDOTRANSCO), echoed the Starex voice.

However, Gamba said, that attaining a clean image is not really impossible for the LT0 and the LTFRB. “The LTO and the LTFRB

have only to enforce the law with honesty,” Gamba added.

The pro-administration National Confederation of Transport Union (NCTU) took the legal approach and asked the court to issue a temporary restraining order against the Joint Administrative Order 2014-01 of the LTO-LTFRB. The JAO 2014-01 order prescribed high penalties for refusal to convey passenger, overcharging, undercharging, failure of proper markings on the body of the vehicle, driver discourtesy and arrogance, allowing an unauthorized driver, defective parts and accessories, failure to provide fare legitimate discount, failure to display NO SMOKING signage, defective taximeter, violation of color scheme for taxis, no signage visible for specific route, picking up and dropping off passengers illegally, carrying prohibited cargo, trip cutting, failure to display fare matrix and refusal to pick up persons with disabilities.

Prone... from page 2

Ana Cañeda, OCD Regional Director in Northern Mindanao, made the disclosure during the two-day Misamis Occidental Summit in this seaport capital where the stakeholders in both the public and private sectors declared a commitment to “Disaster Risk Reduction Management” (DRRM) policy.

Cañeda said that Misamis Occidental falls under the “Type 4” of the Corona Climate Classification System which means an “even distribution rainfalls throughout the year.”

Except for the municipal towns of Concepcion and Don Mariano, the towns of Aloran, Panaon, Sinacaban,Tudela ,Lopez Jaena, Jimenez, Clarin and Baliangao, all of Misamis Occidental and the province corresponding cities of Ozamis and Oroquieta are identified as places that are susceptible to flooding, storm surge, and landslides, Cañeda added.

With the release of the geo-hazard assessment of Misamis Occidental, the OCD in Northern Mindanao spearheaded the DRRM summit in order to summon the involvement and commitment of the province’s local government units and other stakeholders to forge a commitment for strong cooperation during disasters.

Cañeda said that during the summit the local government units outlined the roles and responsibilities in enhancing the stakeholders’ capabilities on DRRM system while serving as the avenue for consultation on major challenges in the implementation of the DRRM activities in the local level.

Manulife... from page 1

the research does show

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that Philippines investors are concerned about their retirement, including the need to continue working beyond the official retirement age and their ability to meet family responsibilities during retirement.

Philippine investors are strongly (64 percent) in favor of increasing the official retirement age, a good deal higher than the Asia average (51 percent). The official retirement age in the Philippines at only 60 years is below the Asian average, with most countries in the region currently setting retirement at 65 years.

Also, with life expectancy in the Philippines up significantly in recent decades1 there is a sense that the official retirement age is out of step, leaving investors an increasingly lengthy retirement to save for.

“People know that the social safety net is not going to cover all their needs when they retire and that they’re going to have to fend for themselves,” said Ryan Charland, President and CEO, Manulife Philippines. “The gap can be made up by working in old age, but an alternative route is to invest as soon as there’s some extra to put away and to do so consistently throughout your working life. That way, by the time retirement comes around, the compound returns from investments can provide a much-needed income topup.”

Concerns for the financial health of the family a top priority The investor sentiment survey also highlights the importance that Philippines investors place on providing financial security for their families.

Their largest retirement concern is their ability to leave an inheritance to children or heirs (69 percent of investors). Their second biggest concern is health deterioration (60 percent) followed by a fear that they will need to support their children financially (37 percent). In addition over four fifths of investors in the Philippines, more than any other country in the region, expect to support their spouse in retirement.

Healthcare anomalies Almost nine out of ten investors expect private healthcare services to handle their medical needs during retirement, which runs counter to the rest of the region where the average is just over one in four.

However, only 40 percent of Philippines investors have private medical insurance and only 60 percent expect to purchase or maintain personal health insurance during retirement. Despite such large numbers not having or not expecting to have private healthcare insurance, only 15 percent are worried that healthcare will be unaffordable in retirement (less than half the regional average).

“Investors think that

healthcare will be somewhat affordable, but if they don’t have insurance, it will be an out-of-pocket expense,” said Mr. Charland. “With medical expenses continuing to rise over time and at a greater rate than inflation, Philippines investors would be wise to factor that into their retirement planning.”

For more findings and related information from the Manulife Investor Sentiment Index in Asia, please visit www.manulife-asia. com. *About Manulife Investor Sentiment Index in Asia Manulife’s Investor Sentiment Index in Asia is a quarterly, proprietary survey measuring and tracking investors’ views across eight markets in the region on their attitudes towards key asset classes and related issues.

The Manulife ISI is based on 500 online interviews in each market of Hong Kong, China, Taiwan, Japan, and Singapore; in Malaysia, Indonesia and the Philippines it is conducted face-to-face.

Respondents are middle class to affluent investors, aged 25 years and above who are the primary decision maker of financial matters in the household and currently have investment products.

The Manulife ISI is a long-established research series in North America.

The Manulife ISI has been measuring investor sentiment in Canada for the past

14 years, and extended this to its John Hancock operation in the U.S. in 2011.

Asset classes taken into Manulife ISI Asia calculations are stocks/equities, real estate (primary residence and other investment properties), mutual funds/ unit trusts, fixed income investment and cash.

About Manulife Manulife is a leading Canada-based financial services group with principal operations in Asia, Canada and the United States. Clients look to Manulife for strong, reliable, trustworthy and forward-thinking solutions for their most significant financial decisions.

Our international network of employees, agents and distribution partners offers financial protection and wealth management products and services to millions of clients. We also provide asset management services to institutional customers. Funds under management by Manulife and its subsidiaries were approximately C$635 billion (US$574 billion) as at March 31, 2014. Our group of companies operates as Manulife in Canada and Asia and primarily as John Hancock in the United States.

Manulife Financial Corporation trades as ‘MFC’ on the TSX, NYSE and PSE, and under ‘945’ on the SEHK. Manulife can be found on the Internet at manulife. com.

Upbeat... from page 1

ing improvement with a P300-million budget from the national government.

“At least ready na,” the mayor said, noting his team members including the police chief were present in the summit.

OCD-10 director Ana Caneda said Misamis Occidental has even distribution of rainfall throughout the year.

But the OCD has identified Aloran, Panaon, Sinacaban, Tudela, Lopez Jaena, Jimenez, Clarin, Balinangao, Ozamiz and Oroquieta as having places susceptible to flooding, storm surge or landslide.

The summit aimed to highlight the roles and responsibilities of the local chief excecutives and to enhance their capacities on disaster risk reduction management.

READ!

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Ordinance

Republic of the Philippines PROVINCE OF BUKIDNON Municipality of Talakag OFFICE OF THE SANGGUNIANG BAYAN EXCERPTS FROM THE MINUTES OF THE 38TH REGULAR SESSION OF THE 18TH SANGGUNIANG BAYAN OF TALAKAG, BUKIDNON HELD AT THE LEGISLATIVE BUILDING SESSION HALL ON MAY 20, 2014.

PRESENT:

Hon. Vergito O. Factura Hon. Amado Z. Noble, Jr. Hon. Aileen B. Amatiaga Hon. Angelo O. Monje Hon. Samuel M. Neri Hon. Romeo B. Tianzon Hon. Carlos C. Taqueban Hon. Abdon V. Pacuño Hon. Amando B. Noble, III

- - - - - - - - -

ABSENT:

Hon. Ryan N. Macapayag

- Municipal Councilor

Vice-Mayor/Presiding Officer Municipal Councilor Municipal Councilor Municipal Councilor Municipal Councilor Municipal Councilor Municipal Councilor/Pro Tempore Municipal Councilor/Floor Leader Liga ng mga Barangay, Pres.

There being a quorum, the session was called to order by the Presiding Officer at 10:00 A.M. ORDINANCE NO. 023 (Series of 2014) (AN ORDINANCE ENACTING THE CODE OF GENERAL ORDINANCES OF TALAKAG, BUKIDNON)

Introduced by: Hon Abdon V. Pacuño

Be it ordained by the Sangguniang Bayan of the Municipality of Talakag, Province of Bukidnon, that CHAPTER I. GENERAL PROVISION Article A. Short Title and Scope

Section 1. Title. This Ordinance shall be known as the “Code of General Ordinances” of Talakag, Bukidnon.

Section 2. Scope. This Code ordinances.

covers all general ordinances and special Article B. Rules of Construction

Section 1. Words and Phrases. Words and phrases embodied in this Code but not herein specifically defined shall have the same meaning as found in legal dictionaries as well as in existing laws.

Section 2. Construction of Codal Provisions. In construing the provisions of this Code, the following rules of construction shall be observed unless otherwise 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 a peculiar or appropriate meaning shall be construed and understood according to such technical, peculiar or appropriate meaning. b) Gender and Number. Every word in this Code importing the masculine gender 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 applied, 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 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 the “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 provisions of the Section which is last in point of sequence shall prevail.

Section 3. 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 compiled 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.

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on any of the following grounds: 1.)

2.)

3.)

4.)

5.)

6.)

7.)

8.)

Disloyalty to the Republic of the Philippines Culpable violation of the Constitution Dishonesty, oppression, Misconduct in the office, Gross negligence or Dereliction of duty Commissions of any offense involving moral turpitude or an offense punishable by at least prison mayor, which is from six (6) years and one (1) day to twelve (12) years imprisonment.\ Abuse of Authority Unauthorized absence for fifteen (15) consecutive working days in the case of the Punong Barangay and four (4) consecutive sessions in case of members of the Sangguniang Barangay.

Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and Such other grounds as may be provided by the Local Government Code, and other laws.

Article C. Complaint

Section 1. How Initiated. An administrative complaint may be initiated by any private individual or by any public officer or employee by filing a verified (sworn) written complaint against any elective barangay officials this municipality.

Unverified complaint shall be returned to the complainant for compliance to the provision on verification.

No anonymous complaint shall be entertained.

Section 2. Form of Complaint. The complaint accompanied by affidavits of witnesses or evidences in support of the charge, shall be addressed to the Sangguniang Bayan. It should be written in clear, simple and concise language and in methodical manner as to apprise the elective barangay official concerned of the nature and cause of the accusation against him and to enable him to prepare his defense and answer.

The Complaint shall contain the following: a. Full name and address of the complainant; b. Full name and address of the person complained of as well as his positions and office of employment; c. A narration of the relevant and material facts of emissions or violations allegedly committed by the elective barangay official/s; d. Certified true copies of documentary evidence and affidavits of his witnesses, if any; and e. Certification of non-forum shopping

The complaint and documentary evidence shall be in fourteen (14) legible copies.

Section 3. Where Filed. The complaint shall be filed with the office of the Secretary to the Sangguniang Bayan who shall transmit the same to the office of the Municipal Vice Mayor, or to the Temporary Presiding Officer, selected by the Sanggunian from among themselves, within forty eight (48) hours from receipt of the same.

All pleadings, briefs, memoranda, motions and other papers, affidavits filed before the Sangguniang Bayan shall be in fourteen (14) legible copies, with proof of service of one (1) copy each of the adverse parties. Pauper complainants duly certified as such by the Municipal Social Welfare and Development office (MSWDO) shall be exempted from the requirements of the number of copies and filing fee.

Copies of the complaint shall be furnished to the DILG, Municipal/Provincial/Regional Office.

Section 4. Filing fee. The complainant shall pay the corresponding fee as provided for in the Municipal Revenue Code for every complaint filed with the office of the Secretary to the Sangguniang Bayan. The filing fee shall be paid at the Office of the Municipal Treasurer.

Section 5. Withdrawal of the Complainant. The withdrawal of the complainant does not result in its outright dismissal nor discharge of the person complained of from any administrative liability. Where there is obvious truth or merit to the allegations in the complaint or there is documentary evidence that would tend to prove the guilt of the person complained of, the same would be given due course.

Section 6. Limitations in the conduct of Investigation and Imposition of Suspension. Limitations in the Conduct of Administrative Investigation and Imposition of Suspension are the following: A. No investigation shall be held within ninety (90) days immediately prior to an election.

B. No preventive suspension shall be imposed within the same period. If preventive suspension has been imposed prior to the (90) day period immediately preceding local elections, it shall be deemed automatically lifted upon the start of the said period.

Article D. Answer Section 1. Action on the Complaint. Within seven (7) days after receipt of the complaint which is sufficient in form and substance, the Sangguniang Bayan shall require the person complained of to submit his verified answer within fifteen (15) days from receipt thereof.

Section 2. Form of Answer. The verified answer which is in writing and under oath shall be drawn in clear, simple, and concise language and in methodological manner. It shall contain material fact and applicable laws including documentary evidence, sworn statements covering testimonies of witnesses if there be any, in support of his defense.

Section 3. Where Filed. The answer shall be addressed to the Sangguniang Bayan and submitted to the office of the Vice Mayor as presiding Officer of the Sangguniang Bayan or to the Temporary Presiding Officer, whom the Sanggunian has selected from among themselves, within 48 hours from receipt thereof. All pleadings, briefs, memoranda, motions and other papers, affidavits filed with the Sangguniang Bayan shall be in fourteen (14) legible copies, with proofs of service of one (1) copy upon each of the adverse parties.

Section 4. Failure to Answer. If the person complained of fails to file his verified answer within fifteen (15) days from receipt of the complaint against him/her shall be considered as waiver of his right to present in his behalf and formal investigation may commence.

Article E. Preliminary Conference

Section 7. Relation to Prior Ordinance. The provisions of this Code which are substantially the same as that of previous or existing ordinances particularly when dealing with the same subject-matter shall be construed as “restatement” and not as a new enactment.

Section 1. Preliminary Conference. A preliminary conference involves the examination of records and documents submitted by both the complainant and by the person complained of as well as documents readily available from other government offices.

If the Sanggunian determines that there is a prima facie case to warrant the institution of a formal administrative /investigation, it shall summon the parties to a pre-hearing conference to consider the following: A. Whether the parties desire formal investigation or are willing to submit the case for resolution on the basis of the evidence on record, or B. If the parties desire a formal investigation to consider the simplification of issues, the possibility of obtaining stipulation or admission of facts and documents, specifically affidavits and depositions, to avoid unnecessary proof, the limitation of the number of witnesses, and such other matters as may aid in the prompt disposition of the case.

The Sangguniang Bayan shall encourage the parties and their counsels to enter at any stage of the proceedings into amicable settlement and compromise the terms and conditions of which shall be subject to the approval of the Sangguniang Bayan.

After the preliminary conference, the Sangguniang Bayan shall issue an order reciting the matters taken up thereon, including the facts stipulated and the evidences marked, if any. Such order shall limit the issues for hearing to those not disposed of by agreement of admission of the parties , and shall schedule the formal investigation within ten (10) days from its issuance, unless a later date is mutually agreed in writing by the parties concerned.

CHAPTER IV. QUASI-JUDICIAL RULES

Section 2. Commencement. The Sangguniang Bayan shall commence the investigation of the case within ten (10) days after receipt of the answer of the person complained of.

Section 4. 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 5. 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.

Section 6. Effect of Heading. The Chapter, Article and Section headings do not in any manner affect the scope, meaning or intent of the provisions contained in this Code.

Article A. Definition and Scope Section 1. Title - These rules and procedures shall be known as the Rules and procedures on Administrative Cases filed the Sangguniang Bayan.

Section 2. Coverage -These Rules and procedures shall apply to administrative disciplinary cases filed against elective barangay officials, this municipality.

Section 3. Investigating Authority- The Sangguniang Bayan shall conduct hearing and investigation of all administrative disciplinary cases en banc.

Section 4. Technical Rules and Administrative Investigation - Administrative investigations shall be conducted without necessarily adhering to technical rules of procedure and evidence applicable to judicial proceedings.

Section 5. Definition of Terms. As used in this article the terms hereunder shall be construed as follows;

a. “Abuse of Authority” is an excessive use of power or authority. It constitutes acts committed in excess of one’s duties and functions; acts which the office has no legal result to do all as where he acts without authority whatsoever or exceeds or abuses his power.

b. “After the Issues are Joined” means that the complaint has been answered and there are no longer any substantial preliminary issue that remains to be threshed out. It also refers to that which the parties to a cause arrive at that stage in their pleading where one asserts a fact to be so, and the other denies it.

c. “ Appeal” is a complaint to a superior court or quasi-judicial body of an injustice or error committed by an inferior court or quasi-judicial body.

CHAPTER IV. QUASI-JUDICIAL RULES Article A. Definition and Scope

Section 3. Dismissal motu proprio – If the Sangguniang Bayan determines that there is no prima facie case to warrant the institution of formal administrative proceedings, it shall, within the same period prescribed under the preceding section, muto proprio dismiss the case together with the decision, resolution, and order as the case may be.

Article F. Formal Administrative Proceedings Section 1. Failure to File an Answer or Submit Additional Evidence. If the respondent fails or refuses to file his answer, submit additional evidence to the formal charge within seven (7) days from receipt thereof, he shall be considered to have waived his right thereto and formal investigation may commence.

Section 2. Request for Clarification.The Sangguniang Bayan shall not entertain request for clarifications, bills of particulars or motions to dismiss which are obviously designed to delay the administrative proceedings. If any of these pleadings are interposed by the respondent, the same shall be considered as an answer and shall be evaluated as such.

Section 3. Failure to Commence Formal Investigation. Unreasonable failure to commence the formal investigation within the prescribed period in the preliminary conference order by the person or persons assigned to investigate shall be a ground for administrative disciplinary action.

Article G. Preventive Suspension Section 1. Preventive Suspension. As any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and evidence, may order for the preventive suspension of the respondents. These three requisites must all be present before preventive suspension may be imposed.

Section 2. Imposition of Preventive Suspension. The preventive suspension order issued by the Sangguniang Bayan may be imposed by the Municipal Mayor.

Section 1. Title - These rules and procedures shall be known as the Rules and procedures on Administrative Cases filed the Sangguniang Bayan.

Section 3. Period of Preventive Suspension. Any single preventive suspension of an elective local official shall not extend sixty (60) days.

In the event that several administrative cases are filed against an elective barangay officials he cannot be placed under preventive suspension for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension.

Section 2. Coverage -These Rules and procedures shall apply to administrative disciplinary cases filed against elective barangay officials, this municipality.

Section 4. Expiration of Preventive Suspension. Upon expiration of the preventive suspension, the suspended elective barangay official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him.

Section 3. Investigating Authority- The Sangguniang Bayan shall conduct hearing and investigation of all administrative disciplinary cases en banc.

Article H. Formal Investigation

Section 4. Technical Rules and Administrative Investigation - Administrative investigations shall be conducted without necessarily adhering to technical rules of procedure and evidence applicable to judicial proceedings.

Section 1. Hearings. Within ten (10) days from receipt of the answer of the respondent or the lapse of period to answer, the Sangguniang Bayan shall commence the investigation of the case.

Section 5. Definition of Terms. As used in this article the terms hereunder shall be construed as follows;

a. “Abuse of Authority” is an excessive use of power or authority. It constitutes acts committed in excess of one’s duties and functions; acts which the office has no legal result to do all as where he acts without authority whatsoever or exceeds or abuses his power.

b. “After the Issues are Joined” means that the complaint has been answered and there are no longer any substantial preliminary issue that remains to be threshed out. It also refers to that which the parties to a cause arrive at that stage in their pleading where one asserts a fact to be so, and the other denies it.

c. “ Appeal” is a complaint to a superior court or quasi-judicial body of an injustice or error committed by an inferior court or quasi-judicial body.

Section 2. Procedural Due Process. The respondent shall be accorded full of opportunity to appear and defend himself in person or by counsel, to confront and across-examine the witnesses against him, to require the attendance to witnesses and the production of documents through the compulsory process of subpoena or subpoena duces tecum.

Article B. Grounds for Administrative Disciplinary Action Section 1. Grounds for Disciplinary Action. a) An elective barangay official may be censured, reprimanded, suspended, or removed from office after due notice and hearing

Section 3. Who Conducts the hearing. The Sangguniang Bayan en banc sitting as Disciplinary Tribunal shall be conducting the administrative disciplinary investigation.

Section 4. Notice of Hearing. The parties and their witnesses shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing.

Section 5. Venue of Hearing. The venue shall be at the Sangguniang Session Hall. No firearm shall be allowed inside the venue during the hearing.

Section 6. Postponement. Postponement of investigation shall be discouraged and shall be allowed only in a meritorious cases, like illness of the parties or counsels and other similar cases. No postponement for a period longer than seven (7) days shall be allowed, and

See ordinance, page 7

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Ordinance

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Ordinance...

Article L. Appeal

from page 6

in no case shall the total number of postponement for one party be more than twenty (20) days.

Section 1. Who May Appeal. Appeal is available only to the party adversely affected by the decision in an administrative case.

Section 7. Stenographic Records of the Proceedings. The testimony of each witness and the manifestation of the parties and counsels during the investigation shall be prima facie correct statement of each proceedings as duly certified by the stenographer or steno typist.

Section 2. Administrative Appeals. The decision in Administrative Cases filed before the Sangguniang Bayan against any Barangay official may, within thirty (30) days from receipt thereof, be appealed to the Sangguniang Bayan.

If no appeal is made within thirty (30) days from receipt of the decision, the decision shall become final and executory.

Section 8. Order of Hearing. The order of hearing shall be as follows: A. B. C. D. E. F. G.

H.

I.

J.

K. L.

M.

N.

M.

O. P.

Q.

R.

S. T.

Call to Order Invocation Philippine National Anthem Roll Call Approval of the Calendar of Business Reading of the Case (this includes the names of contending parties, Administrative Case Number and Offense Charged by the Secretary to the Sanggunian) Identification of Personnel in Attendance - Complainant (Legal Counsel if any & witnesses) - Respondent (Legal Counsel if nay & witnesses Opening Statement (Legal Counsel of the Complainant if any) - Legal Counsel will be allowed to talk on the nature of the offense/charge; how it will be proven and why. After the presentation of evidence, a guilty verdict should be rendered.

Presentation of the Prosecution - Complainant - Complainant with aid of his legal counsel (Under Oath) - Presentation of the witness if so required (Under Oath) Presentation of Evidence - Direct Examination by the Prosecution (complainant) - Cross Examination by the defense (respondent) - Re-direct examination by the prosecution (complainant) - Re-cross examination by the defense (respondent) Inquiry by the Sanggunian Formal offer of evidence for complainant (prosecution) - preparation to resting complainant’s case Opening statement (legal counsel of the respondent, if any) - Legal counsel will likewise be given the opportunity to make an opening statement that cite the respondent’s answer to the offense/charge and the reason why not a guilty verdict should be rendered.

Presentation of the Defense (respondent) - respondent with aid of his legal counsel (Under Oath) - Presentation of witnesses, if so required (Under Oath) Presentation of Evidence - Direct Examination by the Defense (respondent) - Cross Examination by the Prosecution (complainant) - Re-direct examination by the defense (respondent) - Re-cross examination by the prosecution (complainant) Inquiry by the Sanggunian Formal offer of the evidence foe the respondent - preparatory to resting his defense Closing Statements - with all evidence submitted by the contending parties, their respective legal counsels, if any, will make their closing statements.

- Legal counsel for the respondent (if any) - Legal counsel for the complainant (if any) Filing of Simultaneous Memoranda - the investigating body may allow contending parties, thru their Legal Counsels, to submit their respective MEMORANDA together with their DRAFT RESOLUTION and or decision for the consideration of the INVESTIGATING BODY within fifteen (15) days after the termination of the FORMAL INVESTIGATION. Announcements Adjournment

Section 9. Order of Examination. The order in which a witness may be examined shall be as follows:

1. Direct examination by the proponent;

2. Cross-examination by the opponent;

3. Re-direct examination by the proponent, and

4. Re-cross examination by the opponent.

Section 10. What are considered direct examination. The Sangguniang Bayan may direct, simplify the preceding Section 7 and 8 hereof, to consider the pleadings and affidavits as direct examination by the opponent.

Section 11. Memoranda. The parties may be allowed to submit their respective memoranda for the consideration of the Sangguniang Bayan en banc within fifteen (15) days after the termination of the formal investigation.

Section 12. Request for Subpoena. If a party desires the attendance of witness of the production of documents , he should make formal request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing.

Section 13. Sequence of Presentation of Evidence. The sequence of presentation of evidence by the parties shall be the following: 1.

Evidence for complainant; 2.

Formal offer of evidence for complainant preparatory to resting his case; 3.

Evidence for respondent; 4.

Formal offer of evidence for respondent preparatory for resting his case; 5.

Rebuttal evidence are not, due to expediency, normally resorted to in administrative investigation; 6.

Filing of simultaneous memoranda.

Section 14. Evidence. (a) Non-technical Procedure – The investigation shall be conducted solely for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings (b) Material and Relevant Evidence – The Sangguniang Bayan shall accept all evidences having materiality and relevancy to the case. In case of doubt, the body should resolved for the admission of the evidence subject to the objection interposed against the admission. (c) Marking – ,All documentary evidence or exhibits shall be properly marked by letters (A, B, C, etc.) if presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent. They shall be attached to the records or, if voluminous, kept in a separate folder marked “ Folder of Exhibits” which shall also be attached to the records.

Section 15. Transmittal of Records. The Sangguniang Bayan shall transmit to the Municipal Mayor and the Department of the Interior and Local Government within fifteen (15) days after the Sangguniang has rendered decision the findings, recommendations and decision together with the following; (a.1) The complete records with each page consecutively numbered and initialed by the custodian of the records. (a.2) A summary of proceedings thereon from the filing of the complaint to the transmittal of the records on chronological order indicating the action taken/ decision on the incidents involved. (b) Records Classification . Records in administrative disciplinary cases are classified as confidential in nature and any information as to the charges, accusation or facts adduced may not be release, and such records may not be available, except to the proper authorities and, upon request, to the parties in interest or their authorized representatives on the “need to know” basis pursuant to the Memorandum Circular No. 78, dated August 14, 1964, as amended by the memorandum Circular No. 196, dated July 19, 1968, prescribing rules governing security of classified matter in government offices.

Article I. Penalties Section 1. Suspension or Removal. A respondent found guilty of any of the offenses enumerated in the grounds for Administrative Disciplinary Action may be metted the penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Sangguniang Bayan.

Suspension – The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.

Removal – An elective official may be removed from the office on the grounds enumerated in the Grounds for Administrative Disciplinary Action by order of the proper court.

The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.

Article J. Decision Section 1. Rendition of Decision. The Sangguniang Bayan shall render a decision within thirty (30) days after the end of the investigation, in writing stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately furnished the respondent and all the interested parties.

Section 2. Writing of Decision. The Sangguniang Bayan, through a resolution may create a committee to prepare the draft of the body’s decision or verdict. The draft of the decision shall however be subject to the consideration and adoption of the Sangguniang Bayan.

Article K. Motion for Reconsideration Section 1. Filing for Motion For Reconsideration . The party adversely affected by the decision may file a motion for reconsideration with the Sangguniang Bayan within fifteen (15) days from receipt thereof.

Section 2. When Deemed Filed. A motion for reconsideration sent by mail shall be deemed filed on the date shown by the post mark on the envelope which shall be attached on the document and in the case of personal delivery, the date stamped thereon by the office of the Secretary to the Sangguniang Bayan.

Section 3. Grounds for Motions for Recommendation. The motion for reconsideration shall be based for any of the following; a) New evidence has been discovered which materially affects the decision rendered, or b) The decision is not supported by the evidence on record or c) Errors of law or irregularities have been committed prejudiced to the interest of the movant.

Section 4. Limitation. Only one motion for reconsideration shall be entertained.

Section 5. Effect of Filing. A motion for reconsideration shall not stay the execution of a decision. In the event that a decision is considered as to result in a exoneration, the respondent shall be paid his salary and such other emoluments accruing during the period of his suspension or removal.

Section 3. Effect of Appeal. The appeal shall not prevent a decision from becoming final or executing. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal in the event the results in an exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.

Article M. Miscellaneous Provisions Section 1. Effect and Application of relevant Laws. These Section 258 (1) implement Section 60-68 of the Local Government Code of 1991 and its Implementing Rules and Regulations. In all matters not provided in these Section , the rules of Court and the 1987 Administrative Code shall apply in a suppletory character.

Section 2. Inter-Office Courtesy. Whenever it becomes necessary to invite or required the presence of any appointive provincial official and for him/her to produce any requested paper or document, Sangguniang Bayan or any of the Committees may do so only by resolution approved in session or committee hearing by a majority vote of the members present, there being a quorum, provided as a matter of interoffice courtesy, that the formal invitation to carry out the intent of the resolutions shall be coursed thru the office of the Municipal Mayor as the Chief Executive of the Municipality.

Section 3. Computation if Period. In computing any period of time prescribed by these rules, the first day shall be executed and the last day included unless it be a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next working day which is neither a Saturday, a Sunday nor a legal holiday.

Copies of the decisions and other communications shall be served on counsel but receipt by either counsel or party shall be deemed to be valid service. The period to perfect a motion for reconsideration or an appeal shall be reckoned from the date of receipt of counsel or party, whichever is later.

CHAPTER VI. AMUSEMENTS, GAMES, AND RECREATION Article A. Video-Karaoke Section 1. Regulated Act. No person shall operate video-karaoke bar as front of prostitution and shall accommodate customers beyond ten o’clock (10:00 pm) in the evening until six o’clock in the morning (6:00 am).

Section 2. Definition of Terms. Terms as use in this Article:

Private/Government Institutions – government buildings, schools and any place used for religious worship.

Special Occasions - Christmas day, New Year’s eve, fiestas, Anlaw ta Talakag, local holidays, weddings, anniversaries, baptismal, and christening parties, and other special occasions.

SECTION 3. Rules and Regulations. There shall be no employment of Guest Relation Officer (GRO)and video-karaoke units must be erected in a sound proof building at a distance of 150 meters away from any private/government institutions.

SECTION 4. Exemption. Operation of video-karaoke bars is exempted from the provision of this Article, during special occasions.

Section 5. Administrative Provision. The Local Police Officers shall be in charge with the implementation of this Article.

Section 6. Penalty. Any person who violates this Article shall be fined of not more than Two thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six months, or both, at the discretion of the court.

Article B. Video-Game Section 1. Regulated Act. No operators of any video-game unit shall accommodate children aged below eighteen (18) years old to play video-games during class hours.

Section 2. Rules and Regulation. No video-game establishment shall operate within 150 meter radius from school premises.

Section 3. Administrative Provision. The local Police Officers and/or the Bantay Bayan shall be in charged in the implementation of this Article.

Section 4. Penalty. Any person who violates this Article shall be fined of not more than Two thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six months, or both, at the discretion of the court.

Article C. Video-Movies Section 1. Regulated Act. No person shall operate any business of showing video-movies for fee without first securing a permit therefore from the Municipal Mayor and pay the corresponding permit fees and charges as imposed under existing Tax Ordinance.

Section 2. Definitions. As used in this Article the terms: “Video Movies” – refer to the movies recorded in video tapes and being shown thru the use of video players, including, but not limited to, “Beta Max, “beta Cord”, VHS,UVC, CD and DVD players, and other brands or trade marks.

“Showing of Video Movies for a fee”- refers to the showing of video movies in a suitable place where the public is admitted after paying the corresponding admission fee.

Section 3. Rules and regulations.

A. Children below five (5) years old shall not be admitted inside the screening room during the video-movies showing.

B. Admission of patrons or movie-goers shall not be beyond the hall’s seating capacity.

C. Standing on any position of the hall’s side or center aisles shall not be allowed.

D. Commercial or public advertisement recorded in video tapes CD’s and DVD’s shall not be shown without securing a permit therefore and pay the corresponding fees and charges.

E. Pornographic movies particularly those rated as “X”. double “XX”, or Triple ”XXX” shall not be allowed to be shown.

F. Persons below eighteen (18) years old shall not be admitted to view any movie rated as “For adults” G . Additional rules and regulations not consistent with the intent of purposes of this article shall be issued by the Mayor or his authorized department head for the proper implementation of this article.

Section 4. Penalty. Any person who violates this Article shall be fined of not more than Two thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six months, or both, at the discretion of the court.

Article D. Internet Shop or Cafe Section 1. Regulated Act. No person shall allow any elementary or high school student from operating internet software in his or her internet shop or cafes during class hours.

Section 2. Definition. As used in this Article the term: “Class hours” – begin from seven o’clock in the morning until twelve noon and from one thirty in the afternoon to five o’clock in the afternoon on every days starting from Monday to Friday.

Section 3. Exemption. This ordinance shall not apply during holidays where classes are suspended by government authorities, summer vacations, Christmas vacation and in any other day(s) declared by school authorities as “no class day”.

Section 4. Administrative Provisions.

1. The operator or his/her duly authorized person handling the operations of the internet shop or café shall ascertain that no elementary and high school student is admitted in the said shop during class hours. He may secure a master list of students enrolled in the existing schools in this municipality to identify suspected student – clients in his establishment. In case the operator is in doubt of the educational status of his client, he shall require the client to show proofs of his status, such as ID’s, name and address, name of parents, etc.

2. The operator or his/her duly authorized person responsible for the operation of the internet shop or café shall confirm to the school principal if indeed, there is no class held in that particular day or if class is suspended by virtue of the declaration of the school authorities.

Article E. Selling of Porno Materials Section 1. Prohibited Act. No person shall manufacture, sell, rent, or exhibit to the public any pornographic materials.

Section 2. Definition. As used in this Article.

Pornographic Materials- refer to books, magazines, pamphlets and video cds and dvds that create malicious ideas to the public.

Section 3. Rules and Regulations.

A. No operator of movie or cinema houses and showhouses shall allow the exhibition in the movie screen or TV screen of his establishment any pornographic film, movie, or tape not approved for public viewing by competent authorities.

B. No operator or business establishment shall or rent to the public any kind of pornographic video films.

Section 4. Exemptions. Paintings, engravings, sculptors, pictures, sketches, drawings, or, other object which merely represent nude figures but do not represent a lascivious act and exhibit exclusively for scientific , educational, or artistic purposes without immoral or malicious intent shall not be considered “obscene or pornographic” and are thus exempt from the provisions of this Article.

Section 5. Penalty. Any person who violates this Article shall be fined of not more than Two thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six months, or both, at the discretion of the court.

CHAPTER X. CHILD PROTECTION Article A. Minors on Cockfighting Section 1. Prohibited Act. No minor shall enter or gamble at cockpits.

Section 2. Penalty. This Article, being intended only for “minors”, carries no penalty clause. However, “minors” who are caught violating the “curfew hour” shall be apprehended and brought to the police headquarters or station not for purposes of detention but only for protective custody until four o’clock in the morning (4 a.m. ).

Any minor who violates this Article shall be punished by the following:

See ordinance, page 8

8 Mindanao Daily NEWS northmin . westmin . caraga . davao Your Mindanao-wide Community Newspaper

Ordinance

Ordinance...

saturDAY, june 21, 2014 Advertising and Editorial E-mail : mindanaodailynews@gmail.com Contact nos. : 0917-7121424 • 0947-8935776

Section 5. The Talakag Municipal High School shall open in June, 1995 unless delayed by unforeseen circumstances or legal impediments;

from page 7

1. Reprimand by the MSWD Representative and local PNP in the presence of their parents / guardians 2. Child shall undergo community work in a government property with the supervision of the Municipal Social Welfare and Development (MSWD) personnel 3. Parents or Guardians shall undergo session on parent effectiveness and responsible parenthood to be conducted by the MSWDO or any representative.

Article B. Minors on billiards Section 1. Regulated Act. No minor shall enter and play in billiard halls.

Section 2. Penalty. This Article, being intended only for “minors”, carries no penalty clause. However, “minors” who are caught violating the “curfew hour” shall be apprehended and brought to the police headquarters or station not for purposes of detention but only for protective custody until four o’clock in the morning (4 a.m. ).

Any minor who violates this Article shall be punished by the following: 1. Reprimand by the MSWD Representative and local PNP in the presence of their parents / guardians 2. Child shall undergo community work in a government property with the supervision of the Municipal Social Welfare and Development (MSWD) personnel 3. Parents or Guardians shall undergo session on parent effectiveness and responsible parenthood to be conducted by the MSWDO or any representative.

Article C. Talakag, Bukidnon as a Child-Friendly Municipality Section 1. The Municipality of Talakag shall be known as a “Child-Friendly Municipality”; Section 2. It shall recognize, respect, protect and develop the following rights of all children below twenty-one years of age except those emancipated in accordance with law, without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors; 1. Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well.

2. Every child has the right to a wholesome family that will provide him with love, care and understanding, guidance and counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute for a home.

3. Every child has the right to a well-rounded development of his personality, to the end that he may become happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to develop his special talents. The emotionallydisturbed or socially-maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care. The physically or mentally-handicapped child shall be given the treatment, education and care required by his particular condition.

4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life.

5. Every child has the right to an education, commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen.

6. Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure time.

7. Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental emotional, social and moral development.

8. Every child has the right to lice in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes.

9. Every child has the right to the care, assistance, and protection of the municipality, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.

10. Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives.

11. Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world.

Section 3. It shall establish and maintain a system of scholarship grants, student loan program subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged.

Section 4. The LGU of Talakag shall create a local council for the implementation of this ordinance and other national laws for the welfare and protection of children to compose of:

a.) The Municipal Mayor

b.) The Municipal Social Worker Officer

c.) The District School Supervisor

d.) The Municipal Health Officer

e.) The Municipal Agriculturist

f.) The Municipal Local Government Operation Officer

g.) The Municipal Treasurer

h.) The Municipal Budget Officer

i.) The Education Committee Chairman of the Sangguniang Bayan

j.) The Chief of Police

k.) The Liga ng mga Barangay, President Article D. Employment of Conductors/Helpers or Fare Collectors and Dispatchers Section 1. Prohibited Act. No person shall employ, hire, or engage the service of children as dispatcher , conductor or helper and or fare collector in public utility vehicle operating in this municipality.

Section 2. Penalty. Any person who violates of this Article shall be fined Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months, or both at the discretion of the court.

Article E. Curfew for Minors Section 1. Regulated Act. No minor shall loiter in all public places and all business establishment from 10 o’clock pm to 5 o’clock am.

Section 2. Definition. As used in this Article: Minor – any person below eighteen years old Loiter – includes standing by and roaming around Public places and business establishment – includes market places, restaurants, bars, cafes, nightclubs, internet cafe, cocktail lounges, massage clinics, beer houses, discotheque, joints or saloons, cabarets or liquor stores or stands, gambling places, parks, recreation halls, billiard halls, bowling alleys, sidewalks, hotels and all other similar establishments.

Section 3. Exemption. The aforementioned prohibited act shall not apply on the eve of town fiesta, charter day, and other local holidays of the municipality, Christmas and New Year’s Eve, All Saint’s Day, Good Friday, Holy Thursday up to the Day of Resurrection on Sunday . The same prohibition shall not apply to those who have just attended in and are going home from school classes, civil or religious and social activities.

Section 4. Penalty. This Article, being intended only for “minors”, carries no penalty clause. However, “minors” who are caught violating the “curfew hour” shall be apprehended and brought to the police headquarters or station not for purposes of detention but only for protective custody until four o’clock in the morning (4 a.m. ).

Any minor who violates this Article shall be punished by the following: 1. Reprimand by the MSWD Representative and local PNP in the presence of their parents / guardians 2. Child shall undergo community work in a government property with the supervision of the Municipal Social Welfare and Development (MSWD) personnel 3. Parents or Guardians shall undergo session on parent effectiveness and responsible parenthood to be conducted by the MSWDO or any representative.

Article F. Selling Intoxicating Liquors Section 1. Regulated Act. No person shall sell any intoxicating liquors to minors.

Section 2. Definition. As used in this Article: “Minors” – refer to person below 18 years of age.

Intoxicating liquors – liquors, wines, and other distilled spirits, other than fermented liquors such as beer, tuba, and similar domestic fermented beverages that cause intoxication to the person who drinks it.

Section 3. Penalty. Any person who violates of this Article shall be fined Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months, or both at the discretion of the court.

Article G. Contact Cement Section 1. Prohibited Act. No person shall sell contact cement such as rugby, Adler, DO- ALL and other brands which have addictive effects to minors.

Section 2. Penalty. Any person who violates of this Article shall be fined Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months, or both at the discretion of the court.

CHAPTER XI. EDUCATION AND CULTURE

CHAPTER XVIII. PUBLIC SAFETY Article A. Building of houses and planting of trees in the right-of-way areas of the electric lines Section 1. Regulated Act. No person shall build houses and plant trees in the right-of-way areas of the electric lines.

Section 2. Rules and Regulations.

1. That the prescribed distance in putting up the new buildings, residential or commercial, is five (5) meters away from posts and lines, the purpose of which is to provide for road widening.

2. That the use of nipa as roofing for a new buildings along the high-way, from barangay 1 to Barangay 5, is also strictly prohibited; 3. That this building regulation with its prescribed distance is applicable to buildings alongside the national and provincial streets, exclusively; Section 3. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article B. Fire Safety Measures Section 1. General Requirements.

A. Every building or structure, new or old, designed for human occupancy shall be provided with exits sufficient to permit the fast and safe escape of occupants in case of fire or other emergency. The design of exits and other fire safety construction shall be such that reliance for safety to life in case of fire or other emergency will not depend solely on any single fire safety construction. Additional safeguards shall be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure.

B. Every building or structure shall be designed, constructed, equipped, maintained and operated to avoid danger to the lives and ensure safety of its occupants from fire, smoke, vapor and fumes, during the period of escape from the building or structure.

C. Every building or structure shall be provided with exits of kind, number, location and capacity appropriate to the individual building or structure, with due regard to the character of the occupancy, the number of persons exposed, the fire protection available and the height and type of construction of the building or structure, to afford all occupants convenient facilities for escape.

D. Every exit of buildings or structures shall be arranged and maintained to provide free and unobstructed egress from all parts thereof at all times. No lock or fastening device that would prevent escape from the inside of any building shall be installed except in mental, penal, or correctional institutions where personnel are continually on duty and effective provisions are made to evacuate occupants in case of fire or other emergencies.

E. Every exit shall be clearly visible. The route to the exit shall be conspicuously marked in such a manner that every occupant of a building or structure will readily know the direction of escape. Each route of escape, in its entirety, shall be so arranged or marked that the way to a place of safety outside is unmistakable. Any doorway not constituting an exit shall be marked to minimize its possible confusion as an exit. Likewise, passage constituting a way to reach an exit shall be marked to minimize confusion.

F. All means of egress shall be provided with adequate and reliable illumination.

G. Fire alarm systems or devices shall be provided in every building or structure of such size, arrangement, or occupancy, to provide adequate warning to occupants.

H. Every building or structure, section, or area thereof of such size, occupancy and arrangement such that the reasonable safety of a number of occupants may be endangered by the blocking of any single means of egress due to fire or smoke, shall have at least two means of egress remote from each other, so arranged as to minimize any possibility that both may be blocked by any one fire or other emergency conditions.

I. Every vertical way of exit and other vertical openings between floors of a breasonable safety of occupants while using exits and to prevent spread of fire, smoke, or fumes through vertical openings from floor to floor before occupants have entered exits.

J. Required Fire Safety Programs/Measures 1. In addition to the requirements, lessees or occupants of buildings, structures or facilities shall observe all pertinent fire safety measures; 2. All occupants or lessees of buildings, structures or facilities shall or- ganize themselves and develop and implement fire safety programs to include among others, fire prevention in the premises, notification of the BFP on the existence of a fire, evacuation of persons and initial fire fighting. The building owner shall take the initiative of formulating the fire safety program for his building and of organizing the occupants to implement the programs.

3. In buildings, leased to and used by one or several companies or persons, the management of each company or each person shall be responsible for fire safety measures within the leased or occupied areas. The building owner shall be responsible for the common areas in the building such as the means of egress, utilities and building service equipment or systems.

4. In building structures or facilities, such as condominium and the like, where some units of the building are not yet sold, the provisions of paragraph “J” sub-para “3” above shall apply. When all condominium units have been sold, responsibility for fire safety measures in the common areas such as the means of egrees, utilities, building equipment/system and the building as a whole, shall devolve jointly upon all individual unit owners or occupants.

K. Compliance with this Article shall not be construed as eliminating or reducing the necessity from complying with the other provisions for safety of persons using a structure under normal occupancy conditions. Also, no provision of the Fire Code of the Philippines and this IRR shall be construed as requiring or permitting any condition that might be hazardous under normal occupancy conditions.

Article C. Possession/Selling of Destructive Firecrackers Section 1. Prohibited Act. No person shall sell or possess any destructive firecrackers irrespective of quantities within the jurisdiction of this municipality.

Section 2. Definition. As used in this Article: “Destructive Firecrackers” – includes the following:

1. Watusi or the dancing firecracker

2. Piccolo

3. Super Lolo abd Atomic Triangulo

4. Mother Rockets

5. Lolo Thunder

6. Pillbox

7. Boga

8. Big Juda’s Belt

9. Big Bawang

10. Bawang

11. Kwiton

12. Goodbye Philippines

13. Kabasi

14. Atomic Bomb, Five Star, Pla,pla, Og, Ginat Whistle Bomb

15. Baby rocket

16. Small triangulo

17. Pulling of strings

18. Paper caps

19. El diablo or labintador

20. Juda’s belt

21. Sky rocker or kwitis

22. Sparklers

23. Luces

24. Fountain

25. Jumbo regular and special

26. Mabuhay

27. Roman candle

28. Trompillo

29. Airwolf

30. Whistle bomb

31. Butteryfly

32. and similar explosives which are destructive and dangerous to lives and properties.

Section 3. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Any minor who violates this Article shall be punished by the following:

Building shall be suitably enclosed or protected to afford reasonable safety of occupants while using exits and to prevent spread of fire, smoke, or fumes through vertical openings from floor to floor before occupants have entered exits.

J. Required Fire Safety Programs/Measures 2. In addition to the requirements, lessees or occupants of buildings, structures or facilities shall observe all pertinent fire safety measures; 3. All occupants or lessees of buildings, structures or facilities shall or- ganize themselves and develop and implement fire safety programs to include among others, fire prevention in the premises, notification of the BFP on the existence of a fire, evacuation of persons and initial fire fighting. The building owner shall take the initiative of formulating the fire safety program for his building and of organizing the occupants to implement the programs.

4. In buildings, leased to and used by one or several companies or persons, the management of each company or each person shall be responsible for fire safety measures within the leased or occupied areas. The building owner shall be responsible for the common areas in the building such as the means of egress, utilities and building service equipment or systems.

5. In building structures or facilities, such as condominium and the like, where some units of the building are not yet sold, the provisions of paragraph “J” sub-para “3” above shall apply. When all condominium units have been sold, responsibility for fire safety measures in the common areas such as the means of egrees, utilities, building equipment/system and the building as a whole, shall devolve jointly upon all individual unit owners or occupants.

K. Compliance with this Article shall not be construed as eliminating or reducing the necessity from complying with the other provisions for safety of persons using a structure under normal occupancy conditions. Also, no provision of the Fire Code of the Philippines and this IRR shall be construed as requiring or permitting any condition that might be hazardous under normal occupancy conditions.

Article A. Talakag Municipal High School

Article C. Possession/Selling of Destructive Firecrackers

Section 1. There shall be established a public high school at Barangay San Isidro in the Municipality of Talakag, Bukidnon to be known as “Talakag Municipal High School”;

Section 1. Prohibited Act. No person shall sell or possess any destructive firecrackers irrespective of quantities within the jurisdiction of this municipality.

Section 2. The Local Government Unit of Talakag, Bukidnon shall provide the site of the Aforecited School to consist of, at least, one (1) hectare in land area and, at the same time, it shall provide the funds necessary for the initial construction of two (2) classrooms and one (1) administrative building;

Section 2. Definition. As used in this Article: “Destructive Firecrackers” – includes the following:

33. Watusi or the dancing firecracker

34. Piccolo

35. Super Lolo abd Atomic Triangulo

36. Mother Rockets

37. Lolo Thunder

38. Pillbox

39. Boga

Section 3. The Provincial School Board of the Province of Bukidnon shall allocate funds for the salaries and other benefits of the pioneering four (4) classroom teachers and the MOOE or Maintenance and Other Operating Express of the school; Section 4. Continuous local support should be given by the Municipal Government of Talakag, Bukidnon and the Provincial Government of Bukidnon until such time that the Talakag Municipal High School is nationalized by act of Congress and capable in operating and maintaining the said school;

See ordinance, page 9

Advertising and Editorial E-mail : mindanaodailynews@gmail.com Contact nos. : 0917-7121424 • 0947-8935776 Editor : ARJAY FELICILDA

Ordinance

Ordinance...

northmin . westmin . caraga . davao Your Mindanao-wide Community Newspaper

saturDAY, june 21, 2014

Section 1. Prohibited Act. No person shall piss, pee or urinate in any public places in this municipality, except in appropriate places such as restroom, toilet or comfort room.

from page 8

Mindanao Daily 9 NEWS

40. Big Juda’s Belt 41. Big Bawang 42. Bawang 43. Kwiton 44. Goodbye Philippines 45. Kabasi 46. Atomic Bomb, Five Star, Pla,pla, Og, Ginat Whistle Bomb 47. Baby rocket 48. Small triangulo 49. Pulling of strings 50. Paper caps 51. El diablo or labintador 52. Juda’s belt 53. Sky rocker or kwitis 54. Sparklers 55. Luces 56. Fountain 57. Jumbo regular and special 58. Mabuhay 59. Roman candle 60. Trompillo 61. Airwolf 62. Whistle bomb 63. Butteryfly 64. and similar explosives which are destructive and dangerous to lives and properties.

Section 3. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Any minor who violates this Article shall be punished by the following: CHAPTER XX. PUBLIC ORDER Article A Venue for drinking liquor and other alcoholic drinks Section 1. Regulated Act. No person shall be allowed to use the Public Places as venue for drinking liquor and other alcoholic drinks.

Section 2. Definition. As used in this Article: a) Liquor - any alcoholic or intoxicating liquid particularly distilled. b) Public Places – includes the waiting shed, Municipal Grounds, Public Streets, Municipal Plaza, pathways within the vicinity of the Municipal Plaza , Covered Court, Municipal Park, Public Cemetery Section 3. Exemption. This Article shall not apply during the special holidays/celebration and occasions, declared by the Local Government Unit such as, but not limited to Araw Ng Talakag, Araw ng Barangay, Town Fiesta, Christmas and New Year.

Section 2. Definition. As used in this article.

“Piss or Pee” – refers to the act of discharging urine from the bladder.

“Public Place” – includes roads, streets, alleys, lanes, pathways, parks, plazas, sidewalks and parts and portion of buildings, walls or fences, and such other places which are open to the public.

Section 3. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article J. Tying of Animals Section 1. Regulated Act. No person shall tie animals in public places.

Section 2. Definitions. As used in this Article.

1. animals – include large cattle such as carabaos, cows, horses and or domesticated animals such as goats, pigs, dogs and the like.

2. public places – includes premises of the public market, parks and plazas, cemeteries, schools, municipal streets, provincial roads, national highways, alongside and within the premises of barangay hall, hospitals and other similar public places.

Section 3. Administrative Provisions: 1. The municipal sanitary inspector shall be the impounding Officer to be assisted by the members of the PNP and designated Personnel of the Local Chief Executive, Punong Barangay and Civilian Volunteers Organization (CVO) or Barangay Tanods.

Large cattle and domesticated animals shall be impounded without prejudice to their maintenance and care.

2. How To Impound

The impounded animals shall be placed in a steel cage designed for the purpose and shall be maintained and cared for a period of not more than three days.

Section 4. Redemption Period and Fees.

When caught and impounded for the first twenty-four hours, the legitimate owners of carabaos, cows and horses shall pay Two Hundred Pesos (P200.00) per head and an additional amount of Two hundred fifty pesos (P250.00) for every succeeding day until Claimed by the legitimate owner provided that the owner can present credentials or certificate of ownership from the barangay .

For domesticated animals such as dogs, pigs, goats and the like shall pay one hundred pesos (P100.00) per head for the first twentyfour hours and an additional amount of fifty pesos (P50.00) for every succeeding day until claimed by the legitimate owner. All payments herein provided shall be remitted to the office of the Municipal Treasurer. In Barangays outside the poblacion, payments may be remitted to the Barangay treasurer subject to the sharing of revenue between the Barangay and the Municipal Government as provided in the Local Government Code.

The cost of feeding shall be borne by the LGU to be reimbursed by the owner upon redemption.

In case of the animal’s death, the LGU has no liability whatsoever.

CHAPTER XXI. SPECIAL HOLIDAYS Article A. ANLAW TA TALAKAG

Section 4. Penalty. Any person who violates of this Article shall be fined Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months, or both at the discretion of the court.

Section 1. That the week-long celebration of “ ANLAW TA TALAKAG” in the municipality is on (March 17-23), inclusive, starting this year;

Article B. Drying of clothes

Section 2. That activity such as sports and/ or athletic competitions, agro-Industrial fair, cultural presentations, cockfighting, concerts and the like shall highlight the aforesaid celebration for purposes of public entertainment and amusement;

Section 1. Regulated Act. No person shall hang or dry clothes, beddings, rags and the like on all fences and structures in front of all national, provincial and municipal streets within poblacion limit.

Section 3. That all twenty-nine barangays within the Municipality are hereby enjoined to directly be involved in the celebration and observance of the Foundation day to ensure the success of the occasion;

Section 2. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Section 4. That the March 19 from hereon is hereby declared as a special non-Working holiday in the entire municipality;

Article C. Humps Section 1. Regulated Act. No person shall construct any kind of hump, or place any kind of protuberance, on any municipal road, without first securing a permit from the Mayor though the Municipal Engineer.

Section 2. Administrative Provisions.

1. Any person who desires to construct humps or place any kind of protuberance on any public road shall file an application for that purpose with the office of the Municipal Engineer.

2. Upon receipt of the said application, the Municipal Engineer or his duly authorized representative shall coordinate with the officer –in-charge of Traffic Management to discuss the merits of the application. Thereafter, the joint or individual recommendation shall be submitted to the Mayor.

3. No permit by the Mayor on this shall be issued without the written recommendation of both the Municipal Engineer and the Officer in Charge of Traffic Management.

Section 3. Rules and Regulations.

1. The Municipal Engineer shall determine the appropriate specifications as to the thickness, width and length of the hump or protuberance to be placed or constructed.

2. The Municipal Engineer is hereby authorized to alter or modify the existing humps or protuberance on any municipal or barangay roads to conform to the necessary specifications prescribed by his Office.

3. The Municipal Engineer and the Officer in Charge of the Traffic Management shall issue the necessary additional rules and regulations or implementing guidelines for the effective enforcement of this Article.

Section 4. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article D. Municipal Kiosk Section 1. Prohibited Act. No person shall use the municipal kiosk and waiting shed for storing goods.

Section 2. Definition. As used in this Article: “Storing Goods” – includes stocking, stockpiling of commodities, construction materials, sacks of cassava, corn, rice, coffee and other cereals.

Section 3. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article E. Appearing Nude Section 1. Prohibited Act. No person shall appear nude in any place open to the public within this municipality.

Section 2. Definition. As used in this Article. “nude” – wearing no clothes; naked “place open to the public” – club, bar or cocktail lounge, and videoke house Section 3. Rules and Regulation. No operator of any show house, day or night club, bar or cocktail lounge, and videoke house shall allow or permit any person to perform nude in any form of stage play, stage show, or stage exhibition in his establishment.

Section 4 Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article F. Signboard/Billboard Section 1. Regulated Act. No person shall display signboard or billboard in public parks and plazas in this municipality without a permit from the Mayor.

Section 2. Rules and Regulations. No permit shall be issued by the Mayor to any person desiring to display any signboard or billboard that advertises liquors and cigarettes unless said billboards shall be installed fifty (50) meters before and after any school and church zone.

Section 3. Administrative Provision. Any person desiring to display signboard or billboard shall file a written application on the required form and submit the plans and descriptions to the Municipal Engineer of this municipality who shall issue the rules and regulations for the proper implementation of this article.

Section 4 Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article G. Assemblies Section 1. Regulated Act. No person shall conduct assemblies without securing a permit from the Mayor.

Section 2. Definition. As used in this Article.

“Assemblies” – refers to rallies, demonstrations, gatherings and the like.

Section 3. Administrative Provision.

1. Any person desiring to hold assemblies shall file a written application on the required form and submit the plans and descriptions of the activity to the Municipal Mayor of this municipality. Action by the Mayor shall be considered as a ministerial duty and he can only deny the granting of the permit if the local Police will certify that there is a clear or imminent danger to public safety and order for holding said assembly. This is without prejudice to the right of the applicant to seek redress before the proper court. The Mayor shall issue the rules and regulations for the proper implementation of this article.

2. The Police force assigned to maintain the peace and order of the assembly shall always observe the principle of maximum tolerance.

Before any dispersal operations are conducted, there should first be held a dialogue between the law enforcers and the leader or spokesman of the other side. Should the leader or the spokesman of the rallies or demonstrators refuse to hold a dialogue and his group continues to act in defiance of law and public order, the law enforcers may then assert their authority and perform the necessary legitimate action as warranted by the circumstances.

Article H. Pissing in Public

Article B. Farmers Day Section 1. That every August 18, 19 and 20 of the year shall be declared as Municipal Farmers Day of Talakag Bukidnon.

Section 2. That the following program of activities shall be undertaken in celebrating such occasion: A. Agro-Industrial Fair that includes but not limited to the display of various agriculture and fishery products and modern farm machineries, equipments, tools and facilities by the LGU and different stakeholders in areas designated by the Local Chief Executive.

B. Promotion and introduction of new certified seeds, seedlings and fingerlings, recommended breed of poultry and livestock and other improved agriculture inputs such as, but not limited to organic fertilizer, commercial fertilizer, pesticides, herbicides, growth enhancers and inducers.

C. Conduct a free artificial insemination, vaccination and deworming of poultry and livestock as well as provide a free consultation on all matters related to diagnosis and treatment of diseases, its preventive measures and proper practices for the upkeep of such animals.

D. Presentation of plans and current programs and activities related to agricultural development by the LGU, National and Provincial Government to the farmers and stakeholders.

E. Sponsor a search for most outstanding farmer/s of the year.

F. Conduct other related activities not specified thereto which is deemed necessary for the celebration of the said Farmers Day. Section 3. The Municipal Agriculture Officer shall take charge of this annual activity in collaboration with the Municipal Agriculture and Fisheries Council (MAFC) Farmers Associations and Different Stakeholders.

Section 4. The Local Chief Executive upon consultation of the Municipal Agriculturist may issue an implementing rules and for the effective implementation of this Ordinance.

regulations

CHAPTER XXII. TOURISM Article A. Operation of White Water Rafting Section 1. Statement of Policy. It is hereby declared a policy of the Municipal Government to promote and regulate tourism industry in accordance with international standards as well as to protect environment to achieve an ecologically balanced community.

Section 2. Definition. As used in this Article:

WHITEWATER CRAFT - any raft or similar vessel which is used to transport passengers. It does not include canoes or kayaks.

WHITEWATER GUIDE is a person who receives any remuneration for accompanying, assisting, or instructing clients on whitewater trips and who meets the registration requirements of the Municipality.

COMMERCIAL WHITEWATER OUTFITTER is any outfitter operating from within or from without the area for monetary profit or gain and provides whitewater trips or rents whitewater craft or equipment for use in white water trips and which meets the requirement of the Municipality.

COMMERCIAL WHITEWATER TRIP is any commercial effort to transport passengers by means of whitewater craft.

SUFFICIENT NAVIGABLE FLOW means natural flow.

CANOE is a vessel paddled from a kneeling position and propelled with a single-bladed paddle.

KAYAK is a vessel paddled from a seated position with a double-bladed paddle.

PUT IN means the starting point for white water rafting

TAKE OUT means the river access where whitewater trip ends

CHAMBER means the division of raft.

FLOTATION DEVICE is a life jacket PFD (Personal Floating Device)

FLIP LINE is the line used to turn a flip boat right side up.

DRY BAG is a protective container that helps keep things in it dry Section 3. Rules and Regulations.

1. No Commercial Whitewater Outfitter shall be allowed to operate in the Municipality without first securing the necessary franchise from the Sangguniang Bayan, Mayor’s Permit, and payment of franchise tax and regulatory fees and charges imposed under the New Revenue Code of the Municipality of Talakag.

2. The number of Commercial Whitewater Outfitters authorized to operate in the Municipality shall be limited to the six (6) original members of the Oro Association of Rafters; Provided, That this limitation shall be only for two (2) years starting from the effectivity of this Ordinance and may be extended yearly thereafter upon approval of the Sangguniang Bayan.

3. LIMIT ON NUMBER OF CRAFT – Pending study on the environment impact of numerous whitewater craft on the river of the Municipality, each franchised whitewater outfitter shall be allowed to operate not more than thirty (30) whitewater crafts only.

SECTION 4. Prohibitions. The following acts shall be prohibited and punishable under this Article a) Non-compliance with the requirements, rules and regulations under this Article; b) Route trip-cutting; c) Overcharging of the River Rafting Minimum Uniform Rate; d) Refusal to convey guest who already paid the River Rafting Fee. Section 5. Requirements for River Guides. All Whitewater Rafting River Guides shall be required to undergo the following trainings: A. Basic Tour and River Guiding Seminar of the Municipal Tourism Office and the Department of Environment and Natural Resources B. Red Cross Training on: a. First Aid for Sportsmen b. CPR / Basic Life Support c. Basic Swimming d. Water Safety and Rescue C. Transitory Clause : River guides shall have one (1) year upon the effectivity of this ordinance to comply with the trainings required under this section.

Section 6. Qualifications of River Guides. No whitewater river rafting guide shall be employed unless he/she meets the following qualifications: A. At least eighteen (18) years old; B. Must be physically and mentally fit; C. Have undergone basic training program as required under this Ordinance; D. Sufficient experience in white water rafting guiding with a minimum of 20 supervised solo trips and must undergo a thorough assessment of the outfitter.

Section 7. Outfitters’Duties and Responsibilities. It shall be the duty and responsibility of outfitters to: A. Provide efficient staff to handle bookings, and who can orient client on Whitewater Rafting including its risks and requirements of health, fees, attire, etc.; B. Have a roster of trained and licensed river guides; C. Have the guest accomplish the Medical Questionnaire (must include liquor intake, physical fitness must be consulted with a medical expert); D. Record all data of passengers’ guides, date of run, length of run, etc. (All these must be properly recorded in a logbook and must

See ordinance, page 10

10 Mindanao Daily NEWS

Ordinance

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Ordinance...

1. Grace Village/Bethany(vice versa)

h. From Guimbaloron to: 1. Grace Village/Bethany(*vice versa)

from page 9 E. F. G. H.

I. J. K.

be kept for one year; records must be submitted yearly to the Tourism Office); Must observe environment-friendly operations including a ban on smoking and drinking of intoxicating beverages for its river guides and guests; Must have a manual operation; Have a proper office set up complete with a reception area, information material on Whitewater Rafting clearly displayed and landline telephone communication, and prominently displayed signage; Facilities Requirements: a. Mobile safety box in jeepney and daily log in raft, b. Transportation (minimum requirement: jeepney in good running condition, van or air condition vehicle per request and with additional rates), c. Briefing equipment, e.g. sound system – 1 megaphone for every 50 guests; Each outfitter must have a emergency evacuation plan, a copy of which should be provided the Tourism Office; Must have a deposit and retrieval system for guests’ properties; Each commercial white water outfitter shall submit to the Tourism Office within 24 hours a written report of any accident involving either personnel, guests, an property damage or both occurring in connection with a whitewater trip conducted by the outfitter.

Section 8. Equipments and Supplies.

SPECIFICATION STANDARDS A. A whitewater craft shall: a. Have a minimum of 4 chambers and be capable of supporting a weight equal to 50% of its maximum carrying capacity with the largest compartment deflated; b. Be constructed of a tough, durable fabric-reinforced material suitable for white water use; c. Be clearly marked with Talakag, Bukidnon at the front and the outfitter’s name and logo at the sides as well as an identifying number; d. Be visually inspected by the guide after each trip for punctures, wear and tear, and abrasions. The outfitter should make all necessary repairs to ensure that the raft is kept in a safe condition.

B. Each whitewater craft must have a: a. Water proof first aid kit per trip equipped to address severe bleeding, shock, concussion, and fractures, b. Double action pump per every run (1 pump/5 rafts), c. Visual distress signal acceptable by Red Cross standards, d. Grab loops and safety lines attached to the craft (1 inc tubular flat web ling).

C. Each guide shall have: a. A Type V personal flotation device that he/she must wear at all times during the run. The device shall be of a different color than that worn by guests, and shall bear the number assigned to the guide and the outfitter’s name. b. Safety helmet are chinstrap which he/she shall wear at all times during the run. The helmet shall be of a different color from that of the guests and shall bear the river guide’s number and outfitter’s name. c. Floating throw bag with a floating line (20 ft.) d. Whistle e. River Knife f. Flip rope (8 ft. 7mm in diameter with locking carabiner) D. Commercial Whitewater outfitters and whitewater guides shall adhere to the following required equipment provisions: a. Each guest in a whitewater trip shall have a safety helmet with chinstrap which the guide must ensure that the guest will wear throughout the trip. b. Each guest shall have a comfortably fit floating device which the guide must ensure is worn correctly and at all times c. Each guest shall have a paddle.

Section 9. Implementation. The Municipal Tourism Office shall be primarily responsible in the implementation and enforcement of this Ordinance, and shall formulate its Implementing Rules and Regulations within thirty (30) days from the effectivity hereof.

Article A. Wearing of Helmet Section 1: Regulated Act. No person shall ride in any form of motorcycle without first wearing a standard protective motorcycle helmet at all times while riding, whether long or short drives in any type of road and highway in this municipality.

Section 2. Definition. As used in this Article. a) Person – includes the driver of the motorcycle and the back rider(s). b) Standard Protective Motorcycle Helmet – refers to appropriate type of helmet for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI) bearing a PS or ICC mark.

Section 3. Exemption. Motorela and Tricycle drivers and passengers are exempted by this Article.

Section 4. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article B. New Fares Section 1. Regulated Act. No person shall collect fares for motorela, motorized motorela and multicab in excess of the fare stated in Section 2.

Section 2. Schedule of Fares.

1. For motorela, motorized motorela, and multicab all-for-hire

From Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal Talakag Terminal

Destination Landing San Isidro/TNHS Crossing Maigtang Grace Village Buli Sto. NiÑo Piguranan Guimbaloron Dagumbaan Cacaon Tampolong Babalayan Cosina Boyongon Camaman-an Bulakan Crossing Lugsayan

New Fare 7.00 8.00 6.00 8.00 10.00 12.00 12.00 15.00 18.00 20.00 25.00 27.00 30.00 35.00 40.00 45.00 55.00

Students & elderly 5.00 6.00 5.00 6.00 8.00 10.00 10.00 12.00 14.00 16.00 20.00 21.00 24.00 28.00 32.00 36.00 44.00

2. For Trisikad

New Fare

a. Within Poblacion P 4.00

b. From Barangay 1-4 to: a) Barangay 5 (vice-versa) P 5.00 b) Crossing Maigtang (vice-versa) P 7.00 c) Landing (vice-versa) P 5.00 d) San Isidro Proper P 8.00

c. From Lower Barangay 5 To Crossing Maigtang (vice-versa) P 4.00

d. From Landing to San Isidro (vice-versa) P 4.00 3. For Tricycle, Motorela and Motorized Tricycle:

a. From Poblacion to: 1. Crossing Maigtang (vice-versa) 2. Grace Village/Bethany (vice-versa) 3. Buli (vice-versa) 4. Sto. Niño (vice-versa) 5. Guimbaloron (vice-versa) 6. Dagumbaan (vice-versa) 7. Terocan (vice-versa) 8. Piguranan (vice-versa) 9. San Isidro (vice-versa) 10. Landing (vice- versa)

b. From Dagumbaan to: 1. Crossing Maigtang (vice-versa) 2. Grace Village/Bethany (vice-versa) 3. Buli (vice-versa) 4. Sto. Niño (vice-versa) 5. Guimbaluron (vice-versa) 6. Terocan (vice-versa) 7. Piguranan (vice-versa)

c. From Sto. Niño Proper to: 1. Terocan (vice-versa) 2. Piguranan (vice-versa) 3. Guimbaluron (vice-versa) 4. Buli (vice-versa) 5. Crossing Maigtang (vice-versa) 6. Grace Village/ Bethany (vice-versa)

d. From Crossing Maigtang to: 1. Buli (vice-versa) 2. Piguranan (vice-versa) 3. Terocan (vice-versa) 4. Guimbaloron (vice-versa)

e. From Buli to: 1. Piguranan (vice-versa) 2. Terocan (vice-versa) 3. Guimbaloron (vice versa) 4. Grace Village/Bethany (vice versa)

f. From Piguranan to: 1. Guimbaloron (vice versa) 2. Terocan (vice versa) 3. Grace Village/Bethany(vice versa)

g. From Terocan to:

P 8.00

P 6.40

P 8.00

P 6.40

Section 3. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article C. Bicycle, Trisikad, Tricycle for Hire Operation Section. 1. Regulated Act. No person shall operate bicycle, trisikad or tricycle for and or transporting goods, things, cargoes or passengers without first securing a Mayor’s permit and pays the corresponding registration fee imposed under the Local Tax code.

Section 2. Administrative Provision.

1. Copy of Barangay Resolution allowing tisikad units to operate within the barangay where such operation is needed.

2. Certification of the PNP and Barangay Chairman that the area where the trisikad is authorized to operate has no adequate transportation facilities, 3. Barangay Clearance fee 4. Copy of the Policy of the group accident insurance 5. PNP Certification to the road worthiness and condition of the trisikad 6. The Mayor’ permit shall be conspicuously hayed or placed at the conspicuous portion of the trisikad or tricycle to be easily viewed by the passenger or traffic law enforcers.

7. Trisikad or tricycle for hire shall be authorized to operate only in the rural barangays or in areas of rural barangays where there are so adequate transportation facilities or certified by the barangay council and the local PNP. 8. The concerned barangay council in consultation with the traffic enforcement section of the PNP shall have the authority to fix the number of trisikad units allowed in the said barangay.

Section 3. Rules and Regulations. a) No person shall be allowed to drive a trisikad or tricycle for hire unless; 1) At least he is 18 years of age.

2) Physically fit or certified by a government doctor 3) Has not been convicted of any crime against person or property or violated traffic rules and regulations for not more than 5 offenses as shown in the citation tickets.

4) A holder of the certification issued by the PNP that subject has undergone seminar on traffic rules and regulations b) Trisikad or tricycle for hire shall not be shall not be allowed to enter and pass any National Highway, and or adjacent barangays except in emergency cases upon clearance of the PNP or any barangay officials of the locality. c) No person shall operate under the influence of liquor or any prohibited drugs or smoking. d) No person shall be hired unless a resident of the locality. e) Wearing of sandals and slippers are not allowed. f) Installations of sound system and air horn are not allowed. g) No trisikad driver shall operate from 7o’clock in the evening up to 5 o’clock in the morning especially that without accessories as headlights.

Section 4. Equipment and Condition. Every trisikad or tricycle shall be strongly built, well balance and neatly painted and securely connected with complete accessories such as one (1) headlight, two (2) red tail lights, side mirror, front and rear broke system, a maximum of two (2) passengers for trisikad and six (6) passengers for tricycle.

Section 5. Color Coding. All trisikad or tricycle for hire shall be color-coded on a per barangay basis. The PNP in coordination with the Sangguniang Barangay shall determine the color to be assigned for the trisikad or tricycle for hire in certain barangay.

Section 6. Duties of the Barangays. It shall be the duty of the barangay council to: a) Set the number of units of trisikad and or tricycle that will be allowed to operate in their barangay b) Conduct inspection of the trisikad or tricycle for compliance of the provision hereof and issue certification thereto. c) Assist the PNP enforcers in implementing this ordinance and other traffic laws and regulations.

Section 7. Penalty. Any violation and non conformity to the aforementioned shall be a ground for denial of application or cancellation for Permit to operate.

CHAPTER XXIII. TRAFFIC AND TRANSPORTATION

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Students and Elderly P 3.20 P 4.00 P 5.60 P 4.00 P 6.40 P 3.20 P 3.20

P 6.00 P 6.00 P 7.00 P 9.00 P11.00 P13.00 P13.00 P13.00 P 6.50 P 6.00

P 4.80 P 4.80 P 5.60 P 7.20 P 8.80 P10.40 P10.40 P10.40 P 5.20 P 4.80

P 9.00 P 9.00 P 8.00 P 8.00 P 6.00 P10.00 P11.00

P 7.20 P 7.20 P 6.40 P 6.40 P 4.80 P 8.00 P 8.80

P 6.00 P 6.00 P 6.00 P 6.00 P 7.50 P 6.00

P 4.80 P 4.80 P 4.80 P 4.80 P 6.00 P 4.80

P 7.00 P10.00 P 10.00 P10.00

P 5.60 P 8.00 P 8.00 P 8.00

P7.00 P7.00 P 7.00 P 6.00

P 5.60 P 5.60 P 5.60 P 4.80

P7.00 P7.00 P 8.00

P 5.60 P 5.60 P 6.40

Article D. Dispatching Section 1. Regulated Act. No person shall employ dispatchers without first securing a license or permit issued by the Municipal Mayor.

Section 2. Definition. As used in this Article.

Dispatcher - one who facilitates the orderly loading and unloading of passengers and cargoes Section 3. Qualification of a Dispatcher. A dispatcher must have the following qualifications: a) He must be at least 18 years of age; b) Upon application must submit Medical Certificate attested by competent government doctor; c) A certificate from the Bus, Jeepney or other passenger drivers or operators association, either Motorela, Trisikad operators/drivers that the applicant is allowed to act as dispatcher in their designated terminals. For this purpose the certification may be signed by the President or any person authorized or the particular operator concerned to which the dispatching service may rendered; d) New Residence Certificate Section 4. Area of Operation. a) Every license or permit issued under this section shall define the terminal area where the permittee or licensee shall be allowed to operate, in no case shall dispatching be allowed on any other place other than the existing terminals that may be established.; b) No license or permit shall be issued for an area or terminal that has been previously covered by a prior licensee of permittee, unless the latter permit is canceled or revoked or the applicant can present written consent or authority from the prior licensee or permittee.

Section 5. Dispatching Fee. A license dispatcher who may engaged in dispatching, Trisikad, Motorela, PUJ and PUB shall collect a dispatching fee equivalent to the fare of one passenger when fully loaded, regardless of distance. Provided, that if the vehicle is not fully loaded, the fee shall be arranged between the drivers or operator’s and dispatcher concerned.

Section 6. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article E. Routes of Motorized Vehicles, Tricycle and Motorela Section 1. Regulated Act. No person operating or driving a motorized vehicle, motorela and tricycle in this municipality shall be allowed to pass in any public road other than those routes provided.

Section 2. Definition of Terms. As used in this ordinance the term: “motorized vehicle” a motor vehicle propelled with a motorboat engine fitted with a single wheel side car. “motorela” a motor vehicle fitted with a motorcycle with a 2 wheeled cab having a total of four wheels. “tricycle”a vehicle composed of a motorcycle fitted with a single wheel side ca Section 3. Routes.

The following are the prescribed routes:

Motorized - from terminal to Brgy. Dagumbaan

Motorela - from terminal to Brgy. San Isidro

Tricycle - from terminal to sitio Landing

- from terminal to Bethany Christian School Section 4. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article F. Light and Horn on Bicycles Section 1. Prohibited Act. No person shall ride a bicycle during night time within the National , Provincial , Municipal and Barangay roads of Talakag without light and horn;

Section 2. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Motorized Tricycle Operator’s Permit or MTOP Section 1. Scope. This Ordinance shall govern the guidelines that are being issued pursuant to the Local Government Code (R.A Act No.7160) for the purpose of affecting the smooth transfer of power responsibilities of the Land Transportation Franchising and Regulatory Board (LTFRB) over tricycles-for-hire to the Local Government Unit of Talakag, Bukidnon.

Section 2. Definition. As used in this Article: a) A tricycle-for-hire is a motor vehicle composed of a motorcycle fitted with a single-wheel side car or a motorcycle with a two-wheel cab operated to render transport services to the general public for a fee. b) Motorized Tricycle Operator’s Permit or MTOP, is the document granting franchise or license to operate issued to a person, natural or judicial, allowing him/ it to operate tricycle-for-hire over zones specified therein. c) A zone is a contiguous land area or block, say a subdivision or a barangay , where a tricycle-for-hire may operate without a fixed origin and destination.

Section 3. Zone of Service. There is hereby created the following Zones of Service in coordination with the barangay concerned: a) Zone 1- Poblacion Talakag to San Isidro b) Zone 2- Poblacion Talakag to Sto. Niño c) Zone 3- Poblacion Talakag to San Antonio d) Zone 4- Barangays 1-5, except Crossing Maigtang Section 4. Fares. The table of fares is hereby prescribed as follows:

I- TABLE I a) Poblacion- Crossing Maigtang b) Poblacion- Grace Village c) Poblacion-Buli d) Poblacion-StoNiño e) PoblacionProper f) StudentPrivilege

II- TABLE II a) Poblacion-Landin b) Poblacion-SanIsidro8.00 c) StudentPrivilege

- P7.00 - 10.00 8.00 15.00 5.00 5.00

P7.00 8.00 5.00

.

It should be noted herein that fares are subject to change, depending on road conditions in the different zones of service and on

See ordinance, page 11

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Ordinance...

from page 10

increase or decrease of oil price.

Section 5. Operating Conditions. The following policies shall be adopted for the proper operation of the tricycles-for-hire within the zones of service. a) For safety reasons, tricycle should observe a maximum speed of 20 KPH and operate on national highways utilized by 4-wheel vehicles GREATER THAN FOUR (4) KPH with utmost precaution. Over speeding is strictly disallowed

Mindanao Daily 11 NEWS

Ordinance

b) Zones must be within the boundaries of the municipality and the color code for tricycles-for-hire operating in the different zones are as follows:

- Zone 1 - WHITE - Zone 2 - YELLOW - Zone 3 - LIGHT BLUE - Zone 4 - RED Each unit shall be assigned and bear an identification number, aside from its LTO license plate number, to be issued upon application. c) An operator wishing to stop service completely, or to suspend service for more than one month, should report in writing such termination or suspension to the Sangguniang Bayan which originally granted the Motorized Tricycle Operator’s permit or MTOP prior thereto. Transfer to another zone may be permitted upon application. d) The MTOP shall be valid for three (3) years, renewable for the same period. Transfer to another zone, change of ownership of unit or transfer of MTOP shall be construed as an amendment to an MTOP and shall require appropriate approval of the Sangguniang Bayan. e) Operators shall employ only drivers duly licensed by the land Transportation Office or LTO for tricycles-for-hire. f) No tricycles-for-hire should be allowed to carry more passengers and/ or goods than it is designed for. (NOTE: only 8-10 passengers and goods with 570 kilos in weight are allowed.) g) A tricycle-for-hire shall be allowed to operate like a taxi service, i.e., service is rendered upon demand and without a fixed route within a zone, especially in cases of emergency.

Section 6. Other Provision. Operators of tricycles-for-hire may choose to apply for a new MTOP or an amendment of their existing MTOP at an earlier date with the Sangguninag Bayan.

Article H. Terminal Parking Zone Section 1. Terminal / Parking Zone. For the safety of the general public and to minimize traffic accidents, a terminal or parking zone is established within the poblacion for jeepneys, buses vans or any passenger motor propelled vehicles and for this purpose the Talakag Public Terminal situated at Brgy, 4 Talakag,Bukidnon is hereby declared as terminal or Parking Zone for all passengers vehicles.

Section 2. Minutes Interval.

A. Any driver, operator or person operating a PUJ/VAN and PUB and other propelled motor passengers vehicles is required to park on the space designated as Parking Zone and must observe the required Minutes Interval in order to avoid obstruction of traffic.

B. Waiting in the aforementioned terminal/parking zone for not more than one(1) hour interval for passenger Van, twenty five (25) minutes for PUJ-BUSES/Mini Bus, five (5) minutes for motorela and Filcab/Multicab and ten (10) minutes interval for motorized and tricycle from the time of departure.

C. Picking up of passengers at the designated area infront MHO with the allowable (10) minutes to depart along National Highway going to CDO for PUJ,Buses and Buses.

D. For motorcycle/habal-habal shall park at the terminal extension area with no time limit depending on the volume of passengers.

Section 3. No Soliciting of Passenger in the poblacion. No driver, operator or any person operating any kind of passenger vehicles shall roam around town proper for the purpose of canvasing and soliciting passengers or cargoes, such actively may be done by the PNP and the Municipal Traffic Enforcement Unit and duly authorized dispatcher.

Section 4. Order of Traffic. For the purpose of controlling traffic within the poblacion (1 to 5 Barangays) and to prevent unnecessary accident , an order of traffic shall be observed by any vehicle traveling the poblacion , a) ONE WAY TRAFFIC : In order to promote and maintain smooth and orderly flow of traffic within the Municipality (Poblacion) , Noble Street, Labeta Street and Fortich Street Provincial Road are declared as one way traffic streets. b) Vehicles Entering Poblacion : Any vehicles entering the poblacion via national road from CDOC shall “TURN RIGHT” Fortich Highway “LEFT TURN” Noble Street and enter to the Terminal Parking Zone . c) Going out of Parking Zone In going out from the Terminal Parking Zone vehicles shall use “LEFT TURN” Fortich street in going to CDOC leading to the National Highway and left turn in going to Brgy.5 leading to the National Highway. d) Parking in shoulder of the street; No driver, operator or any person operating any kind of motor vehicles shall park or double park along the one way streets, National,Provincial and Municipal Road mentioned in the preceding section except on the right shoulder of the said streets, following the flow of the traffic. e) All commercial delivery truck/van shall park their driven vehicles at the right shoulder of the one way traffic road to unload their products and pay a corresponding fees to be determined by the Municipal Treasurer. f) No commercial stores owners within the Poblacion are allowed to put up road sign for their customer parking area and or put up/ display stock on roadsides. g) All vehicles from CDOC to Brgy. San Antonio shall turn right National Highway (Fortich Street)then left turn Noble Street,left Turn (Labeta Street) and right turn (Provincial road )going to Calabangasan Bridge to Brgy.San Antonio h) All vehicles from San Antonio (Provincial Road ) to Poblacion shall take (Fortich Street ) straight ahead to destination. Either CDOC and Brgy.5 enroute National Highway. i) No vehicle is allowed to park along Guillermo Street, infront of Sangguniang Bayan Legislative office during Tuesday and on special occasion held during office hours.

Section 5. Re- routing of Motorela ,Tricycle ,Motorized and Filcab/Multicab.

A. Motorela/Tricycle bound for San Isidro

From terminal parking zone shall take Labeta Street to Fortich street then right turn to Gullermo street then Left turn to Amoran street ,left turn to Sibugan and right turn National road going to San Isidro.

From Brgy. San Isidro shall fly National Highway right turn Abello then left turn to Noble street going to the terminal Parking Zone.

B. For Filcab/Multicab tricycle and motorized bound for Dagumbaan:

From terminal Parking Zone shall take Labeta street to Fortich and Left Turn to the National Highway goin to Dagumbaan.

From Dagumbaan shall take the National Highway down to Brgy.3, shall turn left to Aznar street, then right turn to Abello street and again right turn to Noble street to terminal Parking Zone Section 6. Administrative Provisions. a.) The local Government Unit through the Traffic Enforcement Unit and the PNP shall strictly enforce this article. b.) A “ZERO” Tolerance Policy shall be enforced.

Section 4. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article I. One Way Street and No Parking Area Section 1. Prohibited Acts.

A. No person shall park on either side of any street or portion constituting a part of the route of parade or procession or on any special occasion.

B. No person shall use a portion of any street, sidewalk or public places as a private garage or parking space, and/ or extension of his private terminal.

C. No person, operator, or owner of cargo truck or tractor trailers shall park overnight in any street of the municipality except by reasons of emergency and/or on repair status.

D. No person shall wash, clean, grease, or repair his vehicle in any public place, street, sidewalk and the like.

E. No person shall wear sleeveless shirt and slipper while driving.

F. No person shall use mobile phones and other similar devices while driving.

G. No person shall use as parking space/area any street or sidewalk infront of a residential or commercial area.

H. No person shall install or place any signage or marking indicating reservation for its use.

Section 2. Overnight Parking. Overnight Parking shall be undertaken by the Traffic Enforcement Unit in coordination with the PNP Traffic Officer and pay the corresponding fee at the Treasurer’s Office.

Section 4. Penalty. Any person who violates this Article shall be fined not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not more than six (6) months or both at the discretion of the court.

Article J. Franchise and Operation of Motorized Tricycle, Trisikad and Habal-habal, all for hire Section 1. Regulated Act. No person, natural or juridical shall operate any motorized tricycle, tri-sikad and habal-habal for hire in this municipality without first securing a franchise therefore from the Sangguniang Bayan and paying the corresponding fee imposed under existing tax ordinance.

Section 2. Definition. As used in this Article.

Franchise - refers to a special privilege conferred by the municipal government to an individual or corporation which does not belong to the citizens by common right. It is in the nature of a private contract between the municipal government and the guarantee which cannot be amended by implication.

Motorized Tricyle - is a vehicle composed of a motorcycle fitted with a single-wheel side car or a motorcycle with a two-wheeled cab, or a motor-driven side car operated to render transport service to the general public for a fee.

Tri-sikad is a vehicle composed of bicycle fitted with a single-wheel side car operated to render transport service to the general public for a fee.

Habal-habal - is a single motorcycle operated to render transport service to the general public for a fee.

Tri-sikad operator’s permit - (TOP) is a document granting franchising or license to a person, natural or juridical, allowing such person to operate tri-sikad for-hire over specified zones.

Habal-habal operator’s permit - (HOP) is a document granting franchise or license to a person, natural or juridical, allowing such person to operate habal-habal for-hire over specified zones.

Zone - is a contiguous land area or block say, a subdivision or a barangay, where a motorized tricycle, trisikad, habal-habal for hire may operate without a fixed origin and destination.

Section 3. Creation of a Municipal Motorized Tricycle, Tri-sikad, Habal-habl Franchising and Regulatory Board (MMTTHFRB). There is hereby created a Municipal Motorized Tricycle, Tri-sikad, Habal-habl Franchising and Regulatory Board (MMTTHFRB) to be composed of the following:

Municipal Vice-Mayor - Chairman SB Chairman, Comm. on Laws - Vice Chairman SB Chairman, Comm. on Transportation - Member MPD Coordinator - Member Municipal Treasurer - Member Chief, Licensing & Inspection Section - Member

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President, Liga ng mga Barangay President, Tricycle, Tri-sikad, Habal-habal Operators & Drivers Association Chief of Police, PNP Secretary to the Sanggunian

- Member - Member - -

Member Member

Section 4. Powers, Duties and Functions of MMTTHFRB. The MMTTHFRB shall perform the following powers, duties, and functions: 1. Accept and process application for tricycle franchising; 2. Issue or grant operators permit to qualified applicant, subject to the provisions of existing ordinances, rules, and regulations on that matter; 3. Recommend to the Sangguniang Bayan the amount of fares or adjusted fare increases, periodically, to be imposed in a particular zone or fixed route; 4. Recommend to the Sangguniang Bayan other reasonable fees and related charges in the regulation of tricycle, tri-sikad, habal-habl for hire, after conducting a public hearing for that purpose; 5. Promulgate implementing rules and regulations for the proper enforcement of this ordinance which shall continue to be in full force effect until revoked or modified by the Sangguniang Bayan; 6. Perform such other duties and functions as may be hereafter be authorized by the Sangguniang Bayan.

Section 5. Quorum. Majority of the members of the MMTTHFRB shall constitute a quorum to transact business.

Section 6. Membership of the MMTTHFRB. Presidents of the motorized tricycle, tri-sikad, and habal-habal operators and drivers association can only vote and participate in the discussion and deliberations on the MMTTHFRB meetings on their subject where the said president of the association is represented. Matters relative to the franchising or regulation of Motorized Tricycle presidents, not the Tri-sikad and Habal-habal presidents, respectively. The same will hold true to the Tri-sikad and Habal-habal field of interest.

Section 7. Internal Rules of Procedure. The MMTTHFRB shall formulate and adopt its own internal rules and procedures including its meetings and necessary standing committees.

Section 8. Rules and Regulations.

1. Only Filipino citizens and partnership or corporations with sixty percent (60%) Filipino equity shall be granted the MTOP, TOP, and HOP, respectively. No MTOP and HOP shall be granted unless the applicant is in possession of units (motorcycle) valid registration papers from the Land Transportation Office (LTO).

2. The Grantee of the MTOP, TOP, HOP shall carry a common carrier insurance sufficient to answer for any liability it may incur to passengers and third parties in case of accidents.

3. Operators of tricycle-for-hire and habal-habal for hire shall employ only drivers licensed by the Land Transportation Office (LTO).

4. Operator of tri-sikad-for-hire shall employ only drivers duly licensed by the MMTTHFRB. 5. Operators who intend to stop service completely or suspend device for more than one (1) month shall report in writing such termination or suspension to the Sangguniang Bayan.

6. Unit such that necessary zones are fixed, tricycle for hire, habal-habal for hire and tri-sikad for hire shall be allowed to operate like a taxi service, e.g., service is rendered upon demand and without a fixed route.

7. Each unit granted an MTOP, TOP, and HOP shall be assigned and bear an identification number, aside from its LTO license plate number, and shall bear a reflector on the front and the rear of the unit of at least two (2) inches by six (6) inches in diameter.

8. In addition to the drivers license issued by the LTO, all tricycle, tri-sikad, habal-habal for hire are hereby required to register and secure an identification number from the Office of the Chief of Police, PNP. 9. All drivers are hereby required to wear shoes, polo-shirt or t-shirt with colar and long pants.

10. A prescribed fare structure for its zone or fixed route shall be formulated and approved by the Sangguniang Bayan.

11. The following are the maximum passenger capacity in each unit, including the driver: A. Motorized tricycle 1.

Seven horse power (7Hp) - seven (7) 2. Ten horse power (10Hp) - ten (10) 108 x 35cm dimension B. Tri-sikad - two (2) C. Habal-habal - three (3) 12. Operators are hereby required to post in a conspicuous but appropriate part of the unit the schedule of fares.

13. Additional rules and regulations shall be issued by the MMTTHFRB for the proper enforcement of this Article.

Section 9. Reservations. Nothing in this Article shall be construed to diminish the authority of the Sangguniang Bayan to issue, amend, revise, renew, suspend or cancel any MTOP, TOP and HOP and prescribe the appropriate terms and conditions therefore; determined, fix, prescribed or periodically adjust fares or rates for the service provided in a zone or fixed route after public hearing; prescribed and regulate zones of service in coordination with the barangay; fix, impose and collect and periodically review and adjust but not oftener than once every three (3) years, reasonable fees and other related charges in the regulation od tricycle, tri-sikad, and habal-habal for hire; establish and prescribe the conditions and qualities of service to the public.

CHAPTER XXIV FINAL PROVISION Article A. General Penal Provisions

Section 1. Penalty. Any violation of the provisions of this Code, or of the rules and regulations promulgated under the authority of this Code, but not covered by a specific penalty hereof shall be punished by a fine of not exceeding Two Thousand Five Pesos (P2,5,000.00) or imprisonment of not exceeding Six (6) months , 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 offense shall be held responsible or liable thereof.

Section 2. Citation Ticket. In lieu of arrest and prosecution , a citation ticket may be issued to any person found violating any provision of this Code. It shall be issued by an officer authorized by the Mayor to issue the same upon completion of a required training or seminar conducted by the purpose. Any offender who fails to pay the fine prescribed herein to the Municipal Treasurer within seventy-two (72) hours from receipt of the citation ticket shall be prosecuted before the Municipal Trial Court.

In case the violator is a transient, the apprehending officer is hereby given the authority to issue official receipt of payment of fine for the violation committed or through any authorized collection agent of the Municipal Government.

Section 3. Compromise Settlement Fee. The Mayor is hereby authorized to enter into an out- of-court or extrajudicial settlement of any offense committed in violation of any provisions of this Code. subject, however, to the following conditions: 1. The offense committed does not involve fraud; 2. The offense committed is mitigated by any of the following circumstances: A. The offense or omission was committed in good faith; B. The offense was committed by a minor eighteen 18) years old and below or a senior citizen sixty (60) years old and above; C. A transient committed the offense; and D. The offender committed the offense for the first time.

3. The offender shall pay to the Municipal Treasurer a “compromise settlement fee” of not less than Two Hundred Pesos (P200.00), as may be agreed upon by both parties.

4. The payment of the “compromise settlement fee” above mentioned shall not relieve the offender from the payment of the corresponding tax, fee or charge due from him as provided under existing tax ordinances, if he is liable therefor.

5. No other third party shall be adversely affected by the compromise settlement.

Article B. Separability, Applicability, Repealing and Effectivity Clauses.

Section1. 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 2. Applicability Clause. All other related matters not specifically provided in this Code shall be governed by the pertinent provisions of existing applicable laws or ordinances.

Section 3. 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. Should there be existing general or special ordinances which were inadvertently .excluded in the codification process during the formulation of this Code, they shall continue to be in full force and effect provided that they are not in conflict with, or contrary to, the provisions of this Code.

Section 4. Effectivity. This Code shall take effect immediately upon approval.

UNANIMOUSLY APPROVED.

CERTIFIED ENACTED.

(SGD)CARLOS C. TAQUEBAN

Municipal Councilor

Temporary Presiding Officer

ATTESTED:

(SGD) MINERVA JOSEFA B. CENDAÑA

Board Secretary I

APPROVED:

(SGD)NESTOR B.MACAPAYAG

Municipal Mayor

AYES:

Hon. Amado Z. Noble, Jr. Hon. Aileen B. Amatiaga Hon. Angelo O. Monje

Hon. Samuel M. Neri Hon. Romeo B. Tianzon Hon. Amando B. Noble, III

Hon. Abdon V. Pacuño

NAYS: NONE MDN: June 21, 2014

12 Mindanao Daily NEWS

saturDAY, june 21, 2014

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Antonio Reyes Enriquez, 77 T

wo-time Carlos Palanca Memorial Award for Literature Grand Prize Winner Antonio Reyes Enriquez passed way on 14 June 2014 in Cagayan de Oro City at the age of 77.

Ñor Tony, as he is fondly known to his compoblanos from La Bella Ciudad de Flores Zamboanga, won the Don Carlos Palanca Memorial Grand Prize for Literature in 1982 for first novel “Surveyors of the Liguasan Marsh” and again in 1993 for his third novel, “Subanons”. He previously won First Prize in the Short Story Category for “Spots on their Wings” (1973) and Third Prize for the same category for “The Icon” (1969). The Palanca Award is considered the Philippines most prestigious award for literature.

His second collection of short stories, Dance a White Horse to Sleep and Other Stories (UQP, Queensland, Australia, 1977) was the first work of fiction by a Filipino writer writing in his own country to break international publication. He has been published in his homeland, the Philippines, and abroad.

His short stories have been translated into Korean and German.

In 1996, he was recognized with the “Pambansang Alagad ni Balagtas” Award for Fiction in English by the Unyon ng Mga Manunulat sa Pilipinas (UMPIL, or the Writers Union of the Philippines). In 2000, he was presented by the Thai Royal Family with the “Southeast Asia Writers Award” (S.E.A. Write) in Bangkok, Thailand. In 2013, he was recognized by the Ateneo de Zamboanga University with the “Fr. Eduardo Hontiveros

SJ Award for Culture and Arts”.

He was also cited with the U.P. National Fellow for Literature lifetime award and the Hawthornden International Retreat for Writers Fellowship in Scotland, U.K. “Truly a prolific writer that Zamboangueños and Ateneo de Zamboanga University (AdZU) can be proud of!” noted Fr. Antonio Moreno, S.J., Jesuit Philippine Provincial and former AdZU president.

In his bio-brief in Zamboanga.com, the late author noted how his “fearful and unforgettable experience in Liguasan Marsh in Maguindanao likely started his career as a novelist; Liguasan Marsh was the setting of his first novel, “Surveyors of the Liguasan Marsh.”

However, it was his “happiest times” in his grandfather’s land in a coastal village of Labuan, west of Zamboanga City that encouraged him to write about farmers, fishermen, and the rural folks. Labuan village is the setting of most of his stories; like in his short story collection, “Dance a White Horse to Sleep and Other Stories.” Ñor Tony was born in Zamboanga City, the setting for many of his short stories and novels. Despite the formidable talent which made him besides the illustrious Quijano de Manila the only Filipino writer to be selected for inclusion in the Asian and Pacific Writings Series of the

Tony Enriquez singing his heart out in happier days with fellow Illustrados Isagani Cruz, Krip Yuson, Butch Macansantos and wife Joy at the piano in Edith Tiempo’s house in Dumaguete. photo by sue lara

University of Queensland Press in Australia, he was never much of a journalist.

The only time he dabbled with the press was during the early 1960s when he was invited to join Proc Montesino’s Mindanao Life magazine with Tony Elias of the Philippine Free Press. Commissioned in 1993 by Time Magazine to do a feature on Zamboanga City for its Village Series (published in its August 16, 1993 issue), he admits it took him much more effort to do than a short story on the same subject would have. He preferred creative writing, starting with the short story though gravitating to the novel and essay in his later years.

The shift from the short story to the novel was brought about mainly by the lack of outlets where to publish his short stories due to the strict censorship and curtailment of press freedom by the Marcos regime. He took a two-year leave from his job as Assistant Regional Director for the Department of Public Information in Zamboanga City to finish “Surveyors of the Liguasan Marsh,” and the rest is history. He said his greater inclination for the novel was also a graduation to a higher creative plane which allowed him greater room for expression than the short story.

“Actually I finished a second novel before Subanons, which however, was published later

by Giraffe Publishers.” The Living and the Dead chronicles the decline of an aristocratic dynasty in Zamboanga when faced with the onslaught of uncouth immigrants from Luzon and the Visayas.

During the launching of the book on 17 September

Tony Enriquez with Nene Pimentel during the 55th Philippine PEN Conference held at the CCP, Dec. 6-7, 2012. photo by hermie beltran

17, 1994 at the VIP Hotel in Cagayan de Oro City, Sen. Aquilino “Nene” Pimentel, a close friend of the author remarked in his review: “I see Tony Enriquez’s book: The Living and the Dead as more than a novel. It is a historical commentary that bears a kernel of truth concerning the evanescence of wealth that, unfortunately, to this day, continues to define many a person’s attitude towards life in purely mundane terms, forgetting that man is not only a body, he also has an immortal soul.”

The exotic locales and unforgettable characters in many of the tales of Antonio Enriquez are drawn from the colorful mosaic of his checkered past.

“There was a time when I did nothing but hunt and fish for two years in the old Basilan City during the time when my father Isidro was the City Auditor,” he recalled in an earlier interview.

“I knew in my youth on that now besieged island of Basilan (called Taquima by my ancestors). There I used to hunt wild boar, deer, monkey; they were everywhere then.”

“I remember sometimes shooting at wild boars not in the thick of forest or woods,

but right there in the cornfields of Moro Abdul, shooting them without much effort as shooting at domesticated pigs that would overnight devour poor Moro Abdul’s entire corn harvest he had tended for months. But now I was told that gone are the wild game, just as the forest and the rivers are gone, and the wild orchids too, taken over by even something wilder, more cruel and unpredictable than the wildest beast or denizen: yes, man himself — hunting his own kind, Moros against Christians, in a fratricidal war!”

His favorite indulgence during that period was deep sea fishing with Samal fishermen in the Sulu Sea. Fishing the Samal way with only hook, line and bare hands, he once caught a shark that was even bigger than the seven-man pumpboat they were riding on.

“The Samal fisherman who owned the boat pleaded with me to cut the shark loose but I refused.” In an epic battle reminiscent of Ernest Hemingway’s The Old Man and the Sea, the great fish towed them around in circles for hours (it was too big to be landed on the pumpboat) until it managed to shake free, much to the relief of his

Antonio Reyes Enriquez.

photo by tibo fernandez

petrified companion.

Like Alberto Gonzales, the hero of his first novel, Ñor Tony was once a party chief of a survey team of the El Certeza Surveying Co. doing triangulation towers for a watershed project in Pikit, Cotabato during the early 60s.

During those times, Mindanao was still a wild, unexplored frontier and Mr. Enriquez recalls encounters with Maguindanaos, Maranaos, and even small, curly haired Mamanwas armed with only spears and arrows who neither looked left nor right whom they once chanced upon in the deep marshland. Ñor Tony is survived by his wife, Joy Viernes Enriquez, only daughter Vanessa and husband Ulysses Madelo, and grandchildren Anton Vladimir, Julien, Nikka Eloise, Dominique Ysabelle and Andrei Joshua.

His wake is being held at Palermo Chapel, Cosmopolitan Funeral Homes, Gen. N. Capistrano Street, Cagayan de Oro City. Final vigil and necrological services will be held on Wednesday, 18 June 2014 after which his remains will be cremated at Forest Lake.

In his acceptance speech for UMPIL’s “Pambansang Alagad ni Balagtas” Award for Fiction in English in 1996, Ñor Tony recalled how the fields of Bukidnon were excellent hunting grounds for wild pigeons and wild ducks.

“And so, now, after we’ve decided which hunting area we’d go to and the pre-dawn hour we’d meet at a friend’s place, we’d conclude our meeting, saying: “Sigui, `pareng; we’ll all meet here, here at Jun’s, tomorrow about two, buntag, morning, ha, hindi afternoon: rain or shine— basta hindi u-ulan!”

We will all see you down the road, Señor Antonio, same time, rain or shine – maskin ya ta cay ulan! Hasta la vista amigo…..vaya con Dios para siempre….

-INDNJC-