Reducing the Requirements for Grant of Business License and Mayor's Permit, Amending Certain Provisions of the Municipal Revenue Code

November 28, 2013 Excerpt from the Minutes of the Kalibo Sangguniang Bayan Province of Aklan, in its 20th Regular Session Held at the Sangguniang Bayan Session Hall on November 28, 2013 PRESENT: Hon. Mark V. Quimpo - SB Member, Acting Presiding Officer Hon. Daisy Sucro Briones - SB Member Hon. Augusto C. Tolentino - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Gregorio R. Malapad, Jr. - SB Member Hon. Mark Ace L. Bautista - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: Hon. Madeline A. Regalado - Vice Mayor, OIC Mayor Hon. Ananias V. Solina - SB Member, LIGA President (Sick Leave) KALIBO MUNICIPAL ORDINANCE NO. 010-13 AN ORDINANCE LIMITING THE DOCUMENTARY REQUIREMENTS FOR THE ISSUANCE OF BUSINESS LICENSE AND MAYORS PERMIT IN THIS MUNICIPALITY, THUS AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL REVENUE CODE Sponsor: Hon. Gregorio R. Malapad, Jr. Co-Sponsor: Hon. Mark V. Quimpo Hon. Mark Ace L. Bautista WHEREAS, in order to fasttrack the processing of Business/Mayor's Permits, the late Interior and Local Government Secretary Jesse M. Robredo called the attention of all Local Chief Executives nationwide to "promote the ease of doing business in the country" by limiting the documentary requirements for the issuance of a business permit to those required by law, zoning ordinance or other regulations; WHEREAS, the Municipal Government of Kalibo through the Office of the Municipal Engineer and Municipal Planning and Development Coordinator maintain records for those who had secured Building Permit and Zoning Verification for the construction of buildings; WHEREAS, it is necessary to trim down the requirements in securing Business License/Mayor's Permit in this Municipality to create a business-friendly atmosphere that will entice more investments; WHEREAS, unnecessary requirements appear repugnant to efforts aimed at promoting a climate that is conducive to business in this Municipality, henceforth the requirements should be simplified and rationalized; WHEREAS, Sections 147 and 151 of the Local Government Code provided that the municipality or city may impose and collect reasonable fees and charges on business commensurate with the cost of regulation, inspection and licensing before any person may engage in a business; WHEREAS, it is also similar to Section 152 of the same Code which provides that "no city or municipality may issue any license or permit for any business unless a clearance is first obtained from the barangay where such business is located or conducted. For such clearance, the sangguniang barangay may impose a reasonable fee. The application for clearance shall be acted upon within seven (7) working days from the filing thereof; WHEREAS, it is the declared policy of the State to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at the prevention of graft and corruption in government. Towards this end, the State shall maintain honesty and responsibility among its public officials and employees, and shall take appropriate measures to promote transparency in each agency with regard to the manner of transacting with the public, which shall encompass a program for the adoption of simplified procedures that will reduce red tape and expedite transactions in government; NOW THEREFORE, be it ordained by the Sangguniang Bayan of the Municipality of Kalibo, Province of Aklan, in session assembled: SECTION 1. Title. AN ORDINANCE IMPROVING EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO THE PUBLIC BY REDUCING THE REQUIREMENTS FOR THE GRANT OF BUSINESS LICENSE AND MAYOR'S PERMIT, THUS AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL REVENUE CODE. CAIHTE SECTION 2. Municipal Revenue Code Ordinance No. 2006-017 dated May 18, 2006, Section 3A-04 Application for Mayors Permit. . . . . a. For a newly-started business b. For the renewal of existing business permits be amended to read as follows : Section 2. Requirements : A. Documents to be presented to the License and Permit Division for new business: 1. Application letter 2. Photo copy of DTI Business Name Certificate (Single Proprietor) 3. Photo copy Certificate of SEC Registration/Articles of Incorporation (for Corporation)/Articles of Partnership (for Partnership) 4. Lease Contract/or Property Tax Certificate in case of Real Property Lessor 5. CTC (Community Tax Certificate-CEDULA) 6. CLEARANCE 6.1. FIRE CLEARANCE 6.2. MEDICAL & SANITARY CLEARANCE 6.3. POLICE CLEARANCE 6.4. BARANGAY CLEARANCE 6.5. HEALTH CERTIFICATE for all food handlers and those required under Chapter IV of the Municipal Revenue Code (2006-017) B. A Certificate attesting to the tax exemption, if the business is tax-exempt. Section 2-1. Requirements. A. Documents to be presented to the License and Permit Division for renewal: 1. Previous year's Mayor's Permit 2. CLEARANCE 2.1. FIRE CLEARANCE 2.2. MEDICAL & SANITARY CLEARANCE 2.3. POLICE CLEARANCE 2.4. BARANGAY CLEARANCE 2.5. HEALTH CERTIFICATE for all food handlers and those required under Chapter IV of the Municipal Revenue Code (2006-017) aScITE B. Photo copy of the Annual or Quarterly Tax Payments-BIR. C. Certificate of Tax exemption from local taxes or fees, if exempt. SECTION 3. Accountability of the Heads of Offices and Agency. The head of the office or agency shall be primarily responsible for the implementation of this ordinance and shall be held accountable to the public in rendering fast, efficient, convenient and reliable service. All transactions and processes are deemed to have been made with the permission or clearance from the proper authority having jurisdiction over the government office or agency concerned. SECTION 4. Limitation of Signatories . The number of signatories shall be limited to a maximum of three signatures which shall represent officers directly supervising the office concerned, to wit: Municipal Treasurer who is responsible for the Collection of fees and charges including taxes in relation to the business permit of the applicant. Licenses & Permits Division, OMM shall be responsible for the processing and verification of the application of the applicant especially the requirements that requires only on this ordinance. The officer-in-charge assigned shall affix his/her signature if the said permittee has already fully complied and submitted to the Office of the Municipal Mayor. Mayors Permit the Municipal Mayor shall be responsible for the approval of such permit or the Acting Municipal Mayor or the Designated Officer-in-Charge of the Office of the Municipal Mayor. SECTION 5. Separability Clause . If any provision of this ordinance shall be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining provisions of this ordinance. SECTION 6. Repealing Clause . All provisions of laws, executive order, resolution and ordinance which are incompatible or inconsistent with the provisions of this ordinance are hereby deemed amended or repealed. SECTION 7. Effectivity. This Ordinance shall take effect fifteen (15) days after its approval and publication in three (3) conspicuous places in the Municipality. DETACa ENACTED, November 28, 2013. I hereby certify to the correctness of the above stated ordinance as to form. DIANA T. FEGARIDO SB Secretary Attested: MARK V. QUIMPO SB Member Acting Presiding Officer Approved: WILLIAM S. LACHICA Municipal Mayor