Implementation of Executive Order No. 452, s. 1997

October 9, 2001

DILG MEMORANDUM CIRCULAR NO. 135-01

 

On October 24, 1997, Executive Order No. 452 was issued by then President Fidel V. Ramos, entitled, "Providing for the Guidelines that Will Ensure the Security of Registered Vendors in the Workplace".

The said Executive Order created an Inter-Agency Council on the Security of Registered Vendors to formulate and implement policies and programs to provide security to registered vendors nationwide. The Council is chaired by the Secretary of Interior and Local Government, with representatives from the Philippine National Police, Department of Trade and Industry, Department of Labor and Employment, Metropolitan Manila Development Authority, one (1) representative each from the Leagues of Provinces, Cities, and Municipalities, and the Philippine Councilors League, and two (2) representatives from the Workers in the Informal Sector, to be appointed by the Council Chairman, as members.

On June 25, 2001, the Implementing Rules and Regulations (IRR) of Executive Order No. 452 was approved by the said Council. Pertinent provisions of the said IRR are quoted as follows:

Coverage and Application

All cities and municipalities nationwide and concerned agencies of the national government, as well as, all ambulant vendors or peddlers, market vendors without stalls and street vendors shall be covered by the IRR.

Empowerment of Vendors

Concerned vendors are empowered to organize themselves into an association for their mutual aid, benefit and protection and for legitimate purposes. National government agencies, government financial institutions and local government units shall provide the necessary support and assistance to a vendors' association. The City or Municipal Mayor shall ensure the participation of vendors' association in local special bodies, as may be provided by law or by ordinance.

Responsibilities of Vendors

Responsibilities of vendors and vendors' association shall be as follows: (a) ensure and maintain cleanliness in their workplaces and observe proper garbage disposal; (b) ensure unobstructed traffic flow; (c) provide calibrated weighing scales, as may be appropriate, and price tags of their wares and goods, and (d) sell quality goods and refrain from selling illegal and fake products. Vendors associations shall, likewise, police their own ranks and ensure that their members perform the responsibilities embodied in the IRR of E.O. 452. aIETCA

Security in the Workplace

The registered vendors shall enjoy security in the workplace and shall not be arbitrarily deprived of their workplaces.

Priority in the Assignment of Stalls

In the event that a new public market is constructed in place of the old market that is closed, sold, or demolished, market vendors with stalls who are displaced from their workplaces shall be given priority in the assignment of stalls in the new market. No vendor shall be allowed to occupy more than one (1) stall in the new market.

Responsibility for the Continuing Registration of Vendors

It shall be the responsibility of the City or Municipal Mayor to establish a system of continuing registration of street vendors, ambulant vendors or peddlers, and market vendors without stalls.

Creation of a Local Council

A local Council on the Security of Registered Vendors at the city or municipal level shall be created, through a local ordinance, within thirty (30) days from the effectivity of the IRR. The local Council is to assist competent local authorities in the formulation of plans, programs, projects or activities that will ensure the security of vendors in the workplace. It shall hold meetings once every quarter, or as often as necessary.

Designation of Workplaces for Vending

The City or Municipal Mayor shall, within 60 days from the effectivity of the IRR, cause the conduct of a survey to identify vacant area(s) for vending. The sanggunian shall, within 90 days after the survey and pursuant to the recommendation of the local Council, pass an ordinance designating the workplace or workplaces. No workplace for vending purposes, however, shall be designated as such without prior consultation with the vendors, the local police and the affected inhabitants.

Registration of Vendors

All street vendors, ambulant vendors or peddlers and market vendors without stalls shall register in the city or municipality where they reside, or where they are vending or intend to vend.

Assignment of a Vending Space

The responsibility of assigning a vending space is lodged with the City or Municipal Mayor. The assignment of a vending space shall be subject to reasonable regulations and limitations on the use of the areas for vending and the need for prior consultations with the registered vendors.

Issuance of a Business Permit

A business permit shall be issued to a registered vendor upon payment of corresponding fees. The business permit shall be displayed in a conspicuous place in the designated workplace, and shall be in such form that buyers can clearly see the name and address of the vendor, the assigned workplace, and the day and time of vending.

Exclusion of Main Thoroughfares and Malls

No vending activity by street vendors, ambulant vendors or peddlers and market vendors without stalls shall be allowed in places not designated as a workplaces, main thoroughfares and within the vicinity of malls.

Issuance of IDs

The City Mayor or Municipal Mayor shall, within ten (10) working days, cause the issuance of Identification Cards to all registered vendors upon the payment of reasonable fees. All registered vendors shall wear their Identification Cards while vending.

Sanctions

If a registered vendor is found to have failed to comply or is not complying with any of the pertinent provisions of the IRR, as herein reiterated, the following sanctions shall be imposed:

(1) Suspension of the business permit for a period of one (1) month, or

(2) Payment of a fine of not more than Five Hundred Pesos (P500.00) for the first offense; and

(3) Cancellation of the business permit and revocation of the authority to occupy and vend in the assigned workplace for the second and subsequent offenses.

Any City or Municipal Mayor who violates any pertinent provision of the IRR shall be dealt with in accordance with applicable laws, rules and regulations.

Role of DILG Regional Offices

All DILG Regional Directors are, likewise, hereby directed to provide support, where necessary and as may be appropriate, to all local government units within their regional assignments.

For the information and guidance of all concerned. TDcHCa

 

(SGD.) JOSE D. LINA JR.Secretary

Attested by:

(SGD.) ATTY. AGRIPINO G. MORGAHead Executive Assistant

SANGGUNIANG ___________________

Municipality/City of ______________

Present:

Hon. _______________ Vice-Mayor, Presiding Officer

Hon. _______________ Member

Hon. _______________

Hon. _______________

Hon. _______________

Hon. _______________

Hon. _______________

Absent:

Hon. _______________ Member

ORDINANCE NO. 2001-_____

AN ORDINANCE DIRECTING THE IMMEDIATE IMPLEMENTATION OF EXECUTIVE ORDER NO. 452, SERIES OF 1997 ENTITLED, "PROVIDING FOR THE GUIDELINES THAT WILL ENSURE THE SECURITY OF REGISTERED VENDORS IN THE WORKPLACE", AND ITS IMPLEMENTING RULES AND REGULATIONS (IRR) PROMULGATED ON JUNE 25, 2001

Be it ordained by the Sangguniang ______________ of the City/Municipality of __________, that:

SECTION 1.  For the immediate implementation of Executive Order No. 452, series of 1997, entitled, "Providing For The Guidelines That Will Ensure The Security of Registered Vendors In The Workplace" and its Implementing Rules and Regulations dated June 25, 2001, the concerned offices under the City/Municipal Government of ______________ shall cause the preparation of the necessary registration procedures, documents, and the conduct of actual registration of concerned vendors and peddlers within the month of __________ 2001.

SECTION 2.  The said activities shall be on a continuing basis to include monitoring and feedback mechanisms implemented at regular intervals or whenever necessary to ensure the on-going improvement of the program for the said marginalized sector of society.

SECTION 3.  This Ordinance complements the provisions of E.O. 452 and its Implementing Rules and Regulations. cCHITA

Unanimously approved.

Enacted by the Sangguniang ____________, City/Municipality of __________, ___________, Philippines on _________________.

APPROVED:	APPROVED:
	City/Municipal Vice Mayor		City /Municipal Mayor
	& Presiding Officer
	Date: ______________		Date: _____________
ATTESTED:	ATTESTED:
	Sanggunian Secretary		Secretary to the Mayor

(S A M P L E O R D I N A N C E)

SANGGUNIANG ___________________

Municipal/City Session Hall

Municipality/City of ______________

Present:

Hon. _______________ Vice-Mayor, Presiding Officer

Hon. _______________ Member

Hon. _______________

Hon. _______________

Hon. _______________

Hon. _______________

Hon. _______________

Absent:

Hon. _______________ Member

ORDINANCE NO. 2001 ________

AN ORDINANCE DIRECTING THE IMMEDIATE IMPLEMENTATION OF EXECUTIVE ORDER NO. 452, SERIES OF 1997 ENTITLED, "PROVIDING FOR THE GUIDELINES THAT WILL ENSURE THE SECURITY OF REGISTERED VENDORS IN THE WORKPLACE", AND ITS IMPLEMENTING RULES AND REGULATIONS (IRR) PROMULGATED ON JUNE 25, 2001

Be it ordained by the Sangguniang ____________ of the City/Municipality of _______________, that:

For the immediate implementation of Executive Order No. 452, series of 1997, entitled, "Providing For The Guidelines That Will Ensure The Security of Registered Vendors In The Workplace" and its Implementing Rules and Regulations dated June 25, 2001, the following rules and guidelines shall hereto be adopted by the City/Municipality of _________________:

 

SECTION 1.  Coverage and Application

This Ordinance shall cover the entire area of the City/Municipality of _____________ and local offices of concerned national government agencies, as well as, all ambulant vendors or peddlers, market vendors without stalls and street vendors as contained in the IRR of E.O. 452. cTDaEH

SECTION 2.  Creation and Formation of a Local Council

The City/Municipal Local Council on the Security of Registered Vendors is hereby created pursuant to the IRR of E.O. 452. The Local Council shall assist competent local authorities in the formulation of plans, programs, projects or activities that will ensure the security of vendors in the workplace. It shall hold meetings once every quarter or as often as necessary to attain the objectives of E.O. 452.

SECTION 3.  Designation of Workplace for Vending

A survey shall be conducted, within thirty (30) days from the approval of this Ordinance, to identify vacant areas for vending, for which a corresponding Ordinance of the Sanggunian shall be passed designating such workplaces or workplaces. No workplace for vending purposes, however, shall be designated as such without prior consultation with the vendors, the local police and the affected inhabitants.

SECTION 4.  Registration of Vendors

All city/municipal resident vendors, ambulant vendors or peddlers and market vendors without stalls shall register in the city/municipal hall if they are vending or intend to vend in this city/municipality following the documentary requirements prescribed for this purpose, as follows:

• Duly accomplished registration form

• Copy of Official Receipts for payment of required fees

• --------------------------

• --------------------------

• --------------------------

SECTION 5.  Assignment of Vending Space

The responsibility of assigning the vending space shall be vested with the City/Municipal Mayor following reasonable regulations, and certain regulations on the use of the areas for vending and the need for prior consultations with the registered vendors.

SECTION 6.  Issuance of Business Permits

Business permits shall be issued to every registered vendor upon payment of corresponding fees to include __________, __________, ___________ in the total amount of __________. The said business permit shall be displayed in conspicuous places in the designated workplaces, and shall be in such form that buyers can clearly see the name, address of the vendors, the assigned workplace, and the day and time of vending. The form shall not be smaller than the short-sized bond paper (8-1/2 inches by 11 inches) and with font not smaller than Times New Roman Size 14 for the information required in the preceding sentence.

SECTION 7.  Empowerment of Vendors

All concerned city/municipal vendors covered by this Ordinance are empowered to organize themselves into association for mutual aid, benefit and protection and for legitimate purposes. National government agencies, government financial institutions, this city/municipality and all barangays shall give the necessary support and assistance to the vendors associations. Local chief executives shall ensure the participation of the vendors association in local special bodies.

SECTION 8.  Responsibilities of Vendors

Responsibilities of vendors and vendors associations shall include: (a) ensuring and maintaining cleanliness in their workplaces and observe proper segregation and garbage disposal, (b) ensuring unobstructed traffic flow, (c) providing calibrated weighing scales, as may be appropriate, and price tags of their wares and goods, and (d) selling quality goods and refraining from selling illegal and fake products. Vendors associations shall, likewise, police their own ranks and ensure their observance of the rules and regulations.

SECTION 9.  Security in the Workplace

The registered vendors shall enjoy security in the workplace and shall not be arbitrarily deprived of their workplaces.

SECTION 10. Priority in the Assignment of Stalls

When the City/Municipality decides to construct a new market in place of the old market that may be closed, sold, or demolished, market vendors with stalls who are displaced from their workplaces shall be given priority in the assignment of stall in the new market. No vendor shall be allowed to occupy more than one (1) stall in the new market.

SECTION 11. Responsibility for the Continuing Registration of Vendors

It shall be the responsibility of the City/Municipal Mayor to establish a system of continuing registration of street vendors, ambulant vendors or peddlers, and market vendors without stalls.

SECTION 12. Exclusion of Main Thoroughfares and Malls

No vending by street vendors, ambulant vendors or peddlers and market vendors without stalls shall be allowed in places not designated as a workplace, main thoroughfares and within vicinity of malls and similar establishments.

SECTION 13. Issuance of IDs

All registered vendors, while vending, shall wear their Identification Cards, issued by the City/Municipal Mayor upon payment of reasonable fees.

SECTION 14. Sanctions

If a registered vendor is found to have failed to comply or is not complying with any of the pertinent provisions of the IRR, the following sanctions shall be imposed:

1) Suspension of business permit for a period of one (1) month, or

2) Payment of a fine of not more than Five Hundred Pesos (P500.00) for the first offense; and

3) Cancellation of the business permit and revocation of the authority to occupy and vend in the assigned workplace for the second and subsequent offenses.

This Ordinance complements the provisions of E.O. 452 and its Implementing Rules and Regulations. Unanimously approved.

Enacted by the Sangguniang ____________, City/Municipality of ___________, ____________, Philippines on _______________.

APPROVED:	APPROVED:
	City/Municipal Vice Mayor		City /Municipal Mayor
	& Presiding Officer
	Date: ______________		Date: _____________
ATTESTED:	ATTESTED:
	Sanggunian Secretary		Secretary to the Mayor