Bureau of Local Government Finance Opinion

June 27, 2003 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION 1st Indorsement Respectfully returned thru the City Treasurer, Davao City, to the Acting Budget Officer and Member, Local Finance Committee on Committee on Awards, said city, her letter dated June 6, 2003 requesting update on the latest directives and instructions on the implementation of the Local Tax Code specifically on the adjudication, award and allocation of public market stalls, booths or tiendas and public terminals. DaTICE In this connection, it is informed that upon the effectivity of the Local Government Code (LGC) of 1991 on January 1, 1992, local government units now enjoy full autonomy in the operation and management of their economic enterprises, such as public market. Hence, the disposition of vacant stalls may be provided for in a duly-enacted ordinance. This is pursuant to the provisions of Section 458 (5) (ii) of the said Code, quoted hereunder: "Sec. 458. Powers, Duties, Functions and Compensation . (a) . . . "(1) . . . "(5) Approve ordinances, which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: "(i) . . . "(ii) Establish markets, slaughterhouses, or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; "xxx xxx xxx." If, however no new Market Committee is created by a resolution of the Sangguniang Panlungsod, the existing Market Committee of the city created under the provisions of the Local Tax Code (PD 231, as amended) may continue to exercise its corresponding powers and functions in order that the operations of the city market may not be unduly disrupted. (SGD.) MA. PRESENTACION R. MONTESA Executive Director