Republic of the Philippines
Province of Aklan
Municipality of Malay
Office of the Sangguniang Bayan
Excerpt from the minutes of the 21st regular session of the Sangguniang Bayan of Malay, Aklan (2007-2010) held at the SB session hall on December 12, 2007.
Present:
SB Member Esel L. Flores, Presiding Officer Pro-Tempore
SB Member Wilbec M. Gelito
SB Member Gideon T. Siñel
SB Member Rowen T. Aguirre
SB Member Cristina C. Prado
SB Member Charlie D. Villanueva
SB Member Dante C. Pagsuguiron
SB Member Mateo A. Tayco
SB Member Roldan M. Casidsid, Liga President
SB Member Niño Elpe D. De Sullan, SK Federation President
Absent:
Hon. John P. Yap, Municipal Vice Mayor (on leave)
x x x
Municipal Ordinance No. 250
Series of 2007
An ordinance fixing the annual presumptive income level of business not able to declare annual gross sales or misdeclare the same for municipal taxation purposes.
(Sponsor: Committee on Laws & Ordinances)
SECTION 1. – Rationale. By fixing the Annual Presumptive Income Level (PIL) of businesses not able to declare annual gross income or misdeclare the same, collection of proximated tax due the municipal government can be realized. Further tax avoidance can likewise be minimized if not eliminated, hence this piece of legislation.
SECTION 2. Business Categories. For purposes of this ordinance, business establishments within the municipal jurisdiction of Malay are classified into the following categories:
A) Cottages/Resorts/Hotels/Lodging Houses/Boarding Houses/ and other similar establishments;
B) Bars/Restaurants/Cafeterias/and other similar establishments;
C) Stores/Boutiques/Trading/Retailers/ and other similar establishments;
D) Wholesalers/Importers/Exporters/Distributors/Dealers/and other similar establishments;
E) Other establishments not covered by categories A, B, C and D.
Section 3. – Stratified Schedule of Presumptive Income Level. To approximate gross receipt of business categories classified by the preceding section, the following stratified schedule of Presumptive Income Level shall be observed:
1) Category A
Number of Rooms x Room Rate x 30 days x 8 months = Annual PIL
2) Category B
Sales per day x 30 days x 12 months = Annual PIL
3) Category C
a) Sales per day x 30 days x 12 months x 2% (30,000.00 but not over 400,000.00 sales) = Annual PIL
b) Sales per day x 30 days x 12 months x 1% (sales over 400,000.00) = Annual PIL
4) Category D
Sales per day x 30 days x 12 months = Annual PIL
5) Category E
PIL shall be based on the schedule of minimum gross sales/receipts as prescribed by the subsequent section.
SECTION 4. – Schedule of Minimum Gross Sales. In no case business establishments not having declared annual sales/receipts or misdeclare the same for purposes of municipal taxation, shall be allowed to claim annual gross sales/receipts lower than the minimum prescribed as follows:
NO. NATURE OF BUSINESS MINIMUM GROSS SALES
1 Sari-sari Stores P 72,000.00 P200.00/day
2 Sari-sari Stores w/ Beers & Cigarettes 108,000.00 300.00/day
3 Retailers 108,000.00 500.00/day
4 Restaurants 200,000.00 555.00/day
5 Restaurants w/ Bar 600,000.00 2,000.00/day
6 Manufacturers 1,000,000.00 3,000.00/day
7 Wholesalers 400,000.00 1,200.00/day
8 Dealers/Distributors 1,000,000.00 3,000.00/day
9 Contractors and other Independent 2,000,000.00
Contractors
10 Banks/Lending/Pawnshops/Insurance
Company/Forex 1,000,000.00
11 Barbers/Beauty Shops 50,000.00
12 Massage/Spa Centers 400,000.00
13 Commercial Livestock Farms/Fishponds 300,000.00
14 Cafeterias/Ice Cream & other Refreshments
Parlor & Cerenderia 200,000.00
15 Bakeries/Pizza Parlors 400,000.00
16 Tailoring/Dress Shops 75,000.00
17 Souvenirs Shops/Dry Goods/RTW’s 72,000.00
18 Small Scale Services (Tricycles, Motorboats,
Sailboats) 75,000.00
SECTION 5. Amendments. All ordinance, rules and regulations, or parts thereof, provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended, or modified accordingly.
SECTION 6. Effectivity. This ordinance shall take effect upon its approval and proper publication.
ENACTED. JULY 12, 2007
APPROVED. December 12, 2007.
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I HEREBY CERTIFY to the correctness of the afore-quoted Municipal Ordinance.
(Sgd.) CONCORDIA S. ALCANTARA
Secretary to the Sangguniang Bayan
ATTESTED:
(Sgd.) ESEL L. FLORES
SB Member
Presiding Officer Pro-Tempore
APPROVED:
(Sgd.) CECIRON S. CAWALING
0O0
Republic of the Philippines
Province of Aklan
Municipality of Malay
Office of the Sangguniang Bayan
Excerpt from the minutes of the 22nd regular session of the Sangguniang Bayan of Malay, Aklan (2007-2010) held at the SB session hall on December 19, 2007.
Present:
SB Member Esel L. Flores, Presiding Officer Pro-Tempore
SB Member Wilbec M. Gelito
SB Member Gideon T. Siñel
SB Member Rowen T. Aguirre
SB Member Cristina C. Prado
SB Member Charlie D. Villanueva
SB Member Dante C. Pagsuguiron
SB Member Mateo A. Tayco
SB Member Roldan M. Casidsid, Liga President
SB Member Niño Elpe D. De Sullan, SK Federation President
Absent:
Hon. John P. Yap, Municipal Vice Mayor (on leave)
x x x
Municipal Ordinance No. 254
Series of 2007
An ordinance REQUIRING PROJECT PROPONENTS, CONTRACTORS, HOTEL OR RESORT OR BUSINESS ESTABLISHMENT PROPRIETORS AND/OR OPERATORS WITHIN THE MUNICIPAL JURISDICTION OF MALAY TO GIVE PREFERENCE IN THE EMPLOYMENT OF LOCAL APPLICANTS FOR LABOR, MANPOWER, RESORT AND/OR BUSINESS PERSONNEL AND/OR STAFF IN THEIR RESPECTIVE ESTABLISHMENTS FIXING THE REQUIRED QUOTA FOR LOCAL EMPLOYMENT AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.
SECTION 1. – Rationale. Observable is the fact that employment of local labor and professionals are greatly affected by the influx of job seekers coming from different parts of the country to Malay. Compounding this slim chance of employment for the local is the fact that compensation in Malay, particularly Boracay, becomes less attractive and competitive by reason of this big volume of transient job seekers, hence this piece of legislation.
SECTION 2. – Employment Preference. Local Applicants. It shall be required of any project proponents, contractors, hotels, resorts and business establishment proprietors and/or operators, within the municipal jurisdiction of Malay, to give preference in the employment of local applicants for labor, manpower, resort and/or business personnel and/or staff in their respective establishment. For purposes of this ordinance, local applicants refer to persons of age who are residents of Malay or married to a resident of Malay or those who have resided in Malay at lest six (6) months before filing their respective application for employment. Length of residency must be duly certified by the Punong Barangays of the place where the applicants reside.
SECTION 3. – Prescribed Employment Quotas. Local Applicants. The employment quotas prescribed below shall be strictly observed by the following:
A) Project proponents and/or Contractors of Civil and Structural Works shall employ at least sixty percent (60%) of unskilled labor and/or manpower and at least forty percent (40%) of the skilled labor and/or manpower locally.
B) Hotel, resort and business establishment proprietors and/or operators shall employ at least forty percent (40%) of their respective personnel and/or staff from the local applicants.
SECTION 4. – Certification. Municipal Public Employment Service Office. Inventory Inspection. It shall be required of all project proponents, contractors, hotel or resort or business establishment proprietors and/or operators to secure a certification from the Municipal Public Employment Service Office of LGU-Malay certifying to the effect that provisions of this ordinance has been complied. This certification shall form part of the requisites that must be complied and submitted before a building permit or a mayor’s permit to operate business, as the case may be, shall be issued.
In the event that the number of local applicants is not adequate to meet the employment needs of the project proponents, contractors, hotels, resorts, and/or business establishments, certification to this effect shall likewise be secured from the Municipal Public Employment Service Office of LGU-Malay.
The Municipal Public Employment Service Office shall conduct on the spot inventory inspection, as the need arises, to determine compliance to this ordinance.
SECTION 5. – Penalties. Project proponents, contractors, hotels, resorts and/or business establishments hiring labor, manpower, personnel and staff in contravention of any provisions of this ordinance shall be burdened by the following penalties:
First Offense – Stern warning and a fine of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00).
Continued defiance of notices of compliance to the provision of this ordinance, cancellation of business permit and/or building permit, as the case may be, shall be issued after the third notice has been officially served.
SECTION 5. - Amendment. Any ordinance, rules and regulations, or parts thereof, provisions of which are in conflict with or contrary to the provisions of this ordinance are hereby repealed, amended and modified accordingly.
SECTION 6. – Effectivity. This ordinance shall take effect upon its approval and proper publication.
ENACTED. SEPTEMBER 21, 2007.
APPROVED. DECEMBER 19, 2007.
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I HEREBY CERTIFY to the correctness of the afore-quoted Municipal Ordinance.
(Sgd.) CONCORDIA S. ALCANTARA
Secretary to the Sangguniang Bayan
ATTESTED:
(Sgd.) ESEL L. FLORES
SB Member
Presiding Officer Pro-Tempore
APPROVED:
(Sgd.) CECIRON S. CAWALING
Municipal Mayor
0O0
Republic of the Philippines
Province of Aklan
Municipality of Malay
Office of the Sangguniang Bayan
Excerpt from the minutes of the 25th regular session of the Sangguniang Bayan of Malay, Aklan (2007-2010) held at the SB session hall on July 9, 2008.
Present:
SB Member Esel L. Flores, Presiding Officer Pro-Tempore
SB Member Gideon T. Siñel
SB Member Rowen T. Aguirre
SB Member Cristina C. Prado
SB Member Dante C. Pagsuguiron
SB Member Mateo A. Tayco
SB Member Roldan M. Casidsid, Liga President
SB Member Niño Elpe D. De Sullan, SK Federation President
Absent:
Hon. John P. Yap, Municipal Vice Mayor (on leave)
SB Member Wilbec M. Gelito
SB Member Charlie D. Villanueva
x x x
Municipal Ordinance No. 256
Series of 2008
An ordinance REGULATING THE ESTABLISHMENT & OPERATION OF ALL BOARDING HOUSES AND DORMITORIES IN THE MUNICIPALITY OF MALAY, PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES.
SECTION 1. – Rationale. Observable is the fact that boarding houses and dormitories in the Municipality of Malay, particularly in the Island of Boracay, is a thriving business. Such business interest however poses health, safety and environmental concerns which must be addressed squarely through appropriate regulations hence this legislation.
SECTION 2. Definition of Terms. As used in this Ordinance, the following words or phrases shall mean:
Boarding House/Bed Space/Dormitory – any place of abode or any part of a residential house where an occupant stays for a fee for food and/or lodging purposes regardless of the length of stay;
Boarder or bed spacer – refers to the occupant of any place or space for rent for food and/or lodging purposes regardless of the length of stay.
SECTION 3. – Regulatory Policies. All boarding houses, bed spaces and dormitories shall strictly observe the following regulatory policies:
a) Boarding houses, bed spaces and dormitories, of whatever nature, shall be considered business establishments hence shall be required to secure respective annual business and sanitary permits to operate. Certification from the Municipal Engineering Office and the Municipal Zoning Office on the structural aspect of the building, as required by the nature of business applied, and the zonal requirements compliance of the same, respectively, are requisites for the procurement of the above-stated permits/licenses.
b) Applicants for business permits/licenses to operate boarding houses, bed spaces and/or dormitories must indicate the number of occupants such can accommodate and in no case shall be permitted to accommodate dwellers or boarders beyond the number stipulated therein;
c) A fire exit shall be provided, location of such must be accessible from the various points of occupancy by way of unhampered passage way/s with a width of no less than one (1) meter of space;
d) A separate comfort rooms for male and female, at a ratio of one (1) toilet bowl for every five occupants, shall be maintained and availability of water in the maintenance of the same must be in place at all times;
e) Garbage receptacles shall be provided every room and disposal garbage shall be made regularly as not to pose sanitary problems to the occupants and the surroundings, in general;
f) The owners shall set rules for the occupants pursuant to the relevant provisions of R.A. 9003 and other local legislations on environmental health and sanitation.
SECTION 4. – Penalty. In case of violation of any of the provision of this Ordinance, the license and permit to operate shall, after due hearing, be revoked and the grantee of such permit or license to operate shall, upon conviction thereof, be fined of not less than One Thousand Pesos nor more than Two Thousand Five Hundred Pesos or imprisonment of not less than seven days or more than ninety days, or both, at the discretion of the court.
SECTION 5. – Repealing Clause. All existing ordinances or parts thereof, which are inconsistent with the provisions of this ordinance, are hereby repealed.
SECTION 6. – Effectivity. This Ordinance shall take effect upon its approval.
ENACTED. JUNE 11, 2008.
APPROVED. JULY 9, 2008.
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I HEREBY CERTIFY to the correctness of the afore-quoted Municipal Ordinance.
(Sgd.) CONCORDIA S. ALCANTARA
Secretary to the Sangguniang Bayan
ATTESTED:
(Sgd.) ESEL L. FLORES
SB Member
Presiding Officer Pro-Tempore
APPROVED:
(Sgd.) CECIRON S. CAWALING
Municipal Mayor
Published in Madyaas Pen: November 1, 8, & 15, 2008
