RESOLUTION NO. 007 - 2012
Whereas, the Barangay Estacion Council invited by the Sangguniang Bayan of Paniqui, Tarlac for the deliberation of the Barangay Tax Ordinance of 2012.
Whereas, the Sangguniang Bayan of Paniqui, reviewed the proposed ordinance and called the attention of the barangay council for the items needed to be amended before the approval of the ordinance.
Whereas, the Sangguniang Barangay of Estacion, revised the first Ordinance as per suggestions, comments and recommendations of the Sangguniang Bayan of Paniqui.
Now, therefore, On motion of Barangay Kagawad Hon. Godofredo Ventura and unanimously seconded, RESOLVED TO APPROVED, the proposed Barangay Estacion Tax Ordinance of 2012.
RESOLVED FURTHER, that this resolution be enacted to ordinance to wit;
ORDINANCE NO. 01
SERIES OF 2012
SERIES OF 2012
AN ORDINANCE IMPOSING FEES AND CHARGES ON INDIVIDUAL BARANGAY CLEARANCE, BARANGAY BUSINESS CLEARANCE AND OTHER SERVICES OFFERED BY THIS BARANGAY PURSUANT TO THE PROVISIONS OF THE LOCAL GOVERNMENT CODE (R.A. 7160) AND PROVIDING PENALTY FOR VIOLATION THEREOF.
WHEREAS, Section 152 in Relation to Section 153 to 155 and Section 186 of Republic Act 7160, otherwise known as Local Government Code of 1991, vested to every local government unit, including the Barangay, to impose and collect fees service or user charges for any service rendered in the amount commensurate to such service provided. And power to create its own sources of revenue and levy taxes, fees and charges which shall accrue exclusively to the local government unit concerned;
WHEREAS, to augment the limited fund allocation in the Barangay budget and to finance special activities which are vital considered part and parcel of good community services, there is an imperative need to collect taxes, fees and service or user charges;
WHEREAS, there are official activities of the Barangay which are urgently required to meet the exigencies of delivering basic services to the community and such activities need funding so that its objective could be accomplished;
NOW THEREFORE, BE ORDAINED, as it is hereby ordained by the Barangay Council of Estacion, Paniqui, Tarlac in session assembled:
SECTION 1.Scope- This Ordinance shall govern the exercise of fees and service or user charges and other common revenue raising power of the Barangay which shall exclusively accrue to them;
SECTION 2.Definition of Terms
a. Business – refers to trade of commercial activity regularly engaged, or means of livelihood or with a view of profit.
b. Charges – refers to pecuniary liabilities such as rents and fees against persons or properties.
c. Fees – refers to dues fixed by laws or regulation, ordinance, or inspection of the business or undertaking.
d. Operator – refers to the owner, manager, administrator and any other who operates or is responsible for the operation of the business establishment or undertaking.
e. Commercial Buildings – refers to all building, located in the commercial area/s center including malls, market and the like.
f. Peddlers or Vendors – refers to any person who either for him or commission, travel from place to place or sell his goods, offers to sell and deliver the same. Whether a peddler of the particular commodity shall be determined from the definition/s of a wholesale dealer or retailer dealer.
SECTION 3.Barangay Clearance- the rate of fees to be collected for the issuance of Barangay Clearance shall be as follows:
Purposes Fees
1. Employment P 20.00
2. Proper Identification P 20.00
3. Residency P 20.00
4. Certificate of Good Moral Character P 20.00
5. Loan Purposes P 20.00
6. Electrification (Tarelco) P 30.00
7. Excavation (Water District) P 30.00
8. Renewal of MTOP P 20.00
9. Postal ID Application P 20.00
SECTION 4.Barangay Business Clearance - application to operate new business and renewal of business. The rate of fees to be collected for the issuance of Barangay Business Clearance shall be as follows :
1. Sari – Sari Store – P 30.00
2. Tailoring Services and the like - P 50.00
3. Dry Goods and the like - P 50.00
4. Tupig Vendors and the like - P 30.00
5. Agricultural Stores - P 75.00
6. General Merchandise - P 75.00
7. Water Refilling Stations - P 50.00
8. Grocery Stores and the like - P 75.00
9. Bakeries, Pastry Shop and the like - P 75.00
10. Cellphones, and Gadget Stores and the like -P 75.00
11. Computer Shops and the like - P 75.00
12. Vehicle Services, Auto Repair Shop and the like-P 75.00
13. Educational Institutions (Private) - P 75.00
14. Restaurants, Canteens and the like - P 75.00
15. Fitness Gyms and the like - P 50.00
16. Billiard Halls - P 75.00
17. Hotels, Apartments and the like - P 75.00
18. Motorcycle/Bicycle Supplies Stores and the like-P 75.00
19. Motorcycle and other Vehicle Dealers - P 100.00
20. Gasoline Stations and the like - P 100.00
21. Furniture Shops, Appliance Stores and the like - P 100.00
22. Firearms Stores and the like - P 75.00
23. Specialization Clinics such as Dental Clinics,
EENT, PediaClinics and the like- P 75.00
24. Private Hospitals - P 150.00
25. Amusement Centers and the like - P 100.00
26. Cockpit Arenas - P 100.00
27. Funeral Parlors and the like - P 100.00
28. Private Cemeteries - P 100.00
29. Commercial Stalls for Rent and the like- P 100.00
30. Videoke Bars and the like - P 100.00
31. Financial Institutions (Lending Companies) - P 150.00
32. Financial Institutions (Commercial Banks)- P 150.00
33. Rolling Stores and the like - P 100.00
34. Stock Pile of Sand and Gravel - P 100.00
35. Construction Supplies and the like - P 150.00
36. Hardwares - P 200.00
Provided however, that the aforementioned clearance shall be deemed expired after a period of One (1) year from the date of issuance thereof and an exemption for business falling under Section 133(n) of the Local Government code;
All Barangay Business Clearances should be posted or be framed in the most visible part of the establishment.
SECTION 5.Construction of the following:
Commercial Edifice: a. Major P 300.00
b. Minor P 200.00
Residential Edifice P 100.00
Immovable Fence P 100.00
SECTION 6. Student, Senior Citizen, Disabled and Indigents- No fee shall be collected for the issuance of individual Barangay Clearance and Certification requirements of the following Barangay Residents:
a. Student for Educational Purposes
b. Senior Citizens
c. Disabled Citizens
d. Indigents
SECTION 7. Billboards, Signboards, Neon Signs and other Outdoor Advertisements – The Barangay shall collect fees on all kinds of advertisements.
Illuminated - P 120.00/year
Non – Illuminated – P 60.00/year
Short Term Advertisements (Tarpaulin and the like) - P 10.00/month
Provided however, that if the purpose of the advertisement is to promote project and /or programs of any government agency/s and to disseminate information necessary for Public Welfare, no amount shall be collected/imposed.
SECTION 8 Issuance of Certified True Copy of the Official Documents of the Barangay- the Punong Barangay, shall upon presentation of satisfactory proof that the original copy of the official document/s presented to be certified is/ are in the custody of the authorized record custodian/s of the Barangay, issue a certified true copy of the same upon payment of a corresponding fee of Five Pesos (P5.00) for every Certified true Copy furnish by the record custodian.
SECTION 9. Fee from Issuance of Certification to File Action- No dues shall be collected for any complaints, petition, except criminal cases filed before the Lupong Tagapamayapa. After exploiting all possible venue for party reconciliation and still being unsuccessful, the complaint will be levied a fee of One Hundred Pesos (P100.00) should he insist in securing a Certification to File Action from the Barangay for Court Action.
SECTION 10. Other Service Fees - the Barangay can collect reasonable fee for the use of barangay-owned properties for the maintenance and repairs.
SECTION 11. Time of Payment- Clearances on Stores/Retailers shall be paid within the first twenty (20) days of January or within the first twenty (20) days of the first month of each subsequent quarter, as the case maybe. The Sanggunian concerned may, for a justifiable reason or cause, extend the time for payment of such annual fees without surcharge or penalties, but only for a period not exceeding six(6) months.
SECTION 12. Collection- Pursuant to the provision of the preceding section, all fees and charges shall be collected by the Barangay Treasurer, issue an official receipt and deposit all the collected fees on the depository bank of the barangay the next morning after collection.
SECTION 13. Surcharges- Any person or juridical entity found violating any provision of the ordinance such as fees or charges not paid on time will have a surcharge based on the following;
1st Offense 20 % of the amount of Clearance
2nd Offense 30 % of the amount of Clearance
3rd and succeeding offenses 50 % of the amount of Clearance
SECTION 14. Repealing Clause – An ordinance inconsistent with the provision of this ordinance is hereby deemed revoked or superceded accordingly.
SECTION 15. Effectivity- this ordinance shall take effect after fifteen (15) days following its complete local circulation and upon compliance with the posting requirements as set forth under Section 511 of Republic Act 7160;
NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved by the Sanggunian Barangay in a session duly assembled, to immediately implement within Barangay Estacion, Paniqui, Tarlac, as amended.
Adopted this 4th day of February 2012, Municipality of Paniqui, Tarlac
Certified true and correct;
(sgd.) ARFELIA C. CACHERO
Secretary to the Sangguniang Barangay
Approved By:
(sgd.)HON. MELITA G. DATU
Punong Barangay, LCE
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