ORDINANCE NO. 1361
AN ORDINANCE ESTABLISHING A SYSTEM OF GARBAGE COLLECTION, IMPOSING FEES THEREFORE, AND EXPROPRIATING FUNDS AND FOR OTHER RELATED PURPOSES.
TITLE I - POLICY
Article 1. It is the policy of the government of the City of Cebu to promote and preserve the good health of its constituents so that all effects of the citizens and of the government should be harnessed and directed towards the full realization and implementation of such policy.
Article 2. The citizens shall have the primary responsibility of achieving and maintaining cleanliness in their places of abode or work while the government shall suffer the ultimate responsibility of establishing and maintaining an orderly and modern program for the collection and disposal of garbage, rubbish, swill, trash and other forms of waste and waste materials.
TITLE - RESPONSIBILITIES AND RIGHTS
Article 3. It is the moral duty of each and every owner and/or tenant of any unenclosed residential building to clean the area of five meters from the nearest wall of the building of any dead animals and rodents, broken or empty bottles, glass or porcelain, used or empty cans canisters,cigars, cigarettes or butts, cut grass, waste, or used paper, fruit peelings, plastic or plastic materials, rubber, rags, fallen leaves, twigs or branches of trees, swill and all forms of garbage, rubbish, trash or waste materials. With respect to residential buildings enclosed with walls or fence, the five meter distance shall be measured from the nearest wall or fence.
Article 4. In the case of commercial or industrial buildings, the responsibility mentioned in the next preceding article shall be borne by the manager or person-in-charge of the entity occupying the building or space there-in and the owners of the buildings, jointly. If juridical entities, the manager or person-in-charge thereof shall be held responsible.
Article 5. Each homeowner, tenant, manager or person-in-charge of any building or any room or space therein shall provide a receptacle in which he shall deposit or cause to be deposited all such garbage, rubbish, trash or waste materials and which receptacle shall be maintained in sanitary condition at all times by him or his representative and placed in such a location that is easily accessible but not obtrusive to the pedestrians.
Article 6. It is the responsibility of the homeowner, tenant, manager or person-in-charge to coordinate with the public services manager so that the garbage shall be regularly collected and properly disposed.
Article 7. All pedestrians shall also be held responsible for the maintenance of the cleanliness and orderliness sought to be achieved under this title.
TITLE III - PROHIBITIONS
Article 8. It is unlawful for any person to spit, urinate or defecate on alley, street, sidewalks, pathway, park, plaza, or any other public places, or in the case of urinating or spitting on the walls and corridors of buildings.
Article 9. It is unlawful to throw or deposit any garbage, rubbish, trash, or waste materials in any vacant lot, park, plaza, alley, sidewalk, street gutter, yard or other public places such as but not limited to river banks.
Article 10. It is unlawful for any person, or group of persons, gave in any cases allowed by law or unless a prior authority has been granted by the Mayor for reasons of public order or the promotion of public health, to post or cause to be pasted any handbill or poster of any size or material of public buildings. This prohibition covers the act of strewing handbills or posters on the streets, sidewalks, pathways, plazas or public places.
Article 11. It is unlawful for any person to pour out, scatter or spill any garbage, rubbish, trash, or waste materials from the receptacle.
Article 12. It is unlawful for anyone to use any animal- drawn vehicle on any alley, street, sidewalk, plaza or park unless he has provided his vehicle-drawn animal used thereby with a proper receptacle properly attached to the animal or vehicle and adequate for the collection and keeping of the animal manure or refuse.
No owner of any animal which had discharged its waste on any alley, street, sidewalk, plaza or park shall be allowed to leave the area where the waste was discharged on without properly collecting and disposing or causing to be collected and disposed the said waste.
TITLE - MECHANICS OF GARBAGE COLLECTION
Article 13. The urban barangays of the City of Cebu are hereby divided, on the basis of the volume of garbage and populations, into the twenty-one (21) contiguous and compact zones, namely:
ZONE #1 ZONE (B) 12
Barangay Bulacao Barangay San Nicolas Proper
" Pardo " Sawang Calero
" Kinasang-an " Pahina San Nicolas
" Quiot
" Inayawan
" Cogon, Pardo ZONE (B) 13
Barangay Pahina Central
ZONE #2 " Kalubihan
Barangay Basak Pardo " Kamagayan
" Basak San Nicolas
" Mambaling ZONE (C) 14
Barangay Sambag I
ZONE #3
Barangay Tisa ZONE (D) 15
" Punta Princesa Barangay Sambag II including
Fuente Osmena Rotonda
ZONE #4
Barangay Labangon ZONE (E) 16
" Calamba Barangay Cogon Ramos
" Duljo " Sta. Cruz
" San Antonio
ZONE #5
Barangay Guadalupe ZONE (F) 17
Barangay Zapatera Libot
ZONE #6 " Lorega San Miguel
Barangay Capitol and part of " Day-as
Barangay Guadalupe " T. Padilla
ZONE #7 ZONE (G) 18
Barangay Camputhaw Barangay Tejero
" Tinago
ZONE #8 " San Roque and part of
Barangay Lahug North Reclamation Area
ZONE #9 ZONE (H) 19
Barangay Apas Barangay Parian
" Banilad " Central Proper " Talamban
ZONE #10 ZONE (I) 20
Barangay Kasambagan Barangay Ermita
" Luz " Suba
" Hipodromo " Pasil
ZONE (J) 21
ZONE #11 Carbon Market Unit - 3
Barangay Mabolo
" Carreta and part of
North Reclamation Area
However, the Department of Public Services or any other department of the Government of the City of Cebu which may hereafter be imposed with garbage collection duties may make such other zoning(s) as the demands of the service may require. Such additional zoning or re-zoning shall observe the same criteria of volume of garbage and population.
Article 14. In each of these garbage zones shall be assigned at least a public services manager, a garbage truck, a driver and crew of garbage collectors and a complement of street cleaners. The necessary equipment, implements and tools shall be provided these teams by the City Government.
Article 15. A schedule of collection of garbage and street cleaning for each zone shall be prepared and promulgated by the Department of Public Services, or any other concerned agency, in consultation with the public services manager of each zone. The schedule shall take into consideration such factors or combination of factors as maximum volume of collectible garbage, optimum convenience of the homeowners, tenants, managers or person-in-charge or a majority of them, least disturbance to traffic and minimum pollution and health hazards.
Article 16. Whenever possible, strategic principal garbage collection points may b established in the garbage zones. When established, homeowners, tenants , managers or person-in-charge shall deposit or caused to be deposited in these strategic principal garbage collection points such garbage which may no longer r be or are not contained in their own receptacles.
Article 17. Each homeowner, tenant, manager or person-in-charge shall be informed regularly, by and thru the public services manager of the names and identifications of the garbage truck delivers, collectors and complements as well as the schedule (or any charges) of the garbage collection in his area and the strategic principal garbage collection points whenever they are established.
Article 18. The teams of garbage collectors and street cleaners, shall faithfully and religiously observe the schedule of street cleaning, of garbage collection and disposal.
On the time schedule for garbage collection, the teams of garbage collectors shall proceed to their designated garbage zones and, under the immediate supervisor of the public services manager, shall collect from the receptacles and strategic principal garbage collection points all garbage, rubbish and waste materials.
Article 19. The Department of Public Services shall establish and maintained system of monitoring both the faithful observance of the schedule for actual cleaning and garbage collection. It shall also conduct, in coordination with the public services manager, a regular educational program and corresponding sustained drive for the effective implementation of this system of garbage collection.
Article 20. The City Health Department is charged with the task of fielding sanitary inspectors to the different garbage zones in the city in order to check, inspect, advise and/or instruct the homeowners, tenants, managers or person-in-charge on the correct and sanitary collection and disposal of their garbage.
TITLE - MANAGEMENT OF GARBAGE ZONES
Article 21. Each garbage zone shall be administered by a public services manager. He must be a resident of the zone for at least one (1) year prior to his designation and able to read and write.
Article 22. The public services manager, as far as practicable, shall be taken form the organic personnel of the City Government. In the absence of a qualified and available employee of the City, the necessary Public Services Manager may be appointed from any qualified resident of the garbage zone concerned.
Article 23. It shall be the responsibility of the Public Services Manager:
(a) to see to it that the alleys, streets, sidewalks and pathways within his zone are regularly cleaned and swept by the street cleaner;
(b) to supervise in the proper collection of garbage from the receptacles and the strategic principal garbage collection points by the team of garbage collectors, seeing to it that no garbage, rubbish, trash or waste materials are strewn on the streets or spilled from their containers during and after the collection;
(c) to coordinate with each homeowner. tenant, manager or person-in-charge so that this and other related ordinances shall be properly implemented;
(d) to observe and execute the guidelines set by the Department of Public Services and the City Health Department on matters of health and sanitation as may be related with this ordinance;
(e) to have immediate supervision over the street cleaners, garbage collectors, the garbage truck driver, the complement of equipment, implements and tools, without prejudice to the administrative control of the Department of Public Services over such employees as defined by civil service laws, rules and regulation;
(f) to report to the Chief, Department of Public Services, any tardiness, absences, misconduct, irregularities, anomalies of any of the men(employed) under his supervision or any infraction or violation of this and other related ordinance(s) for appropriate remedial administrative or legal measures;
(g) Aside form the above enumerated functions, the public services manager is tasked with:
a.a The monitoring of the drainage and flood controls programs of government as well as the reporting to the proper and concerned authority(ies) of the Government of Cebu City, the activities of the DEPW men who will carry out said programs on their respective zones.
a.b The reporting to the proper agency concerned regarding road repairs and maintenance problems in his zone.
a.c The reporting and monitoring of street light - the problems, illegal structures and construction, as well as squatting and squatter problems in his zone.
a.d He may also perform such other functions as may be assigned to him by the Mayor, from time to time.
Article 24. The Public Services Managers, upon their designation, qualification and assumption, shall be placed under the direct supervision and control of the Department of Public Services.
Article 25. The Department of Public Services shall have the following additional duties and responsibilities, namely:
(a) to prepare and implement a program of information dissemination to the homeowners, tenants, managers, or person-in-charge of the provisions of this and other related ordinances;
(b) to see to it that the guidelines promulgated by the Department of Public Services and/or the City Health Department relative to matters affecting garbage collection and disposal are properly implemented; and
(c) to promulgate, establish and/or implement such other policies and guidelines as it may deem appropriate for the improvement of existing garbage collection and disposal system.
TITLE VI - FEES
Article 26. Effective April 1, 1990, there shall be paid to the City of Cebu by all persons, firms or entities herein holds specified, the following garbage fees, provided that the payment of the garbage fee may be made on a quarterly basis to be paid within the first 20 days of the first month every quarter.
PROVIDED, HOWEVER, That:
(a) Payments made in excess of the 1st quarter due shall be credited to future garbage fee;
(b) 2nd, 3rd and 4th quarters due shall be in accordance with the new rates; and
(c) Unpaid 1st quarter due shall be paid in accordance with the old rates.
Article 27. There shall also be paid to the City of Cebu for depositing garbage or refuse in the city's disposal area, whenever deposit is made not by the authorized collector, the following garbage fees:
P3,00 per truck of 1/2 ton, per delivery
P5.00 per truck of over 1/2 ton, per delivery;
Article 28. Tree cuttings, plants, and foliage, lumber wastes and similar bulky refuse or solid waste are not to be considered as ordinary garbage, notwithstanding any provisions of this ordinance to the contrary. Persons or entities responsible for such bulky or solid wastes shall, therefore, be held accountable for their proper collection and disposal. Consequently, the following special garbage collection and disposal fee shall be imposed, thus:
For one (1) ton or less of such garbage - P150.00 basic fee
Over one (1), an additional of P100.00 per ton or a fraction thereof
The Department of Public Services shall remove the above-mentioned bulky or solid waste only upon the showing by the person or entity responsible for the payment of such special garbage fee of the receipt issued by the City Treasurer for that purpose.
The public services manager in whose zone the bulky or solid waste may be found shall, in addition to his regular responsibilities, see to it that the persons or entities liable for the payment of the said special garbage fee shall have paid the same.
TITLE VII - ADMINISTRATIVE REQUIREMENTS
Article 29. Payment of the garbage fees as imposed in this ordinance shall be evidenced by a certificate/official receipt issued by the Treasurer of the City of Cebu and which shall be secured within the first twenty (20) days of the month of January if paid annually or within the first twenty (20) days of the first month of the quarter, if paid quarterly.
In the case of those who may conduct or engage in any of the taxable businesses or trades as specified in the Omnibus Tax Code of the City of Cebu and those who may own or administer houses or buildings, subject to the payment of the garbage fee subsequent to January 1, 1990, they shall secure the certificate/official receipts mentioned in the next preceding paragraph within the first twenty (20) days after the date they first conducted or engaged in such business or trade and/or within the same period of time from and after owning or administering such houses or buildings.
The yearly renewals/payments of the certificates/garbage fee shall correspondingly be made within the first twenty (20) days of January of each and every calendar year,if paid on an annual basis or within the first twenty (20) days of the first month of the quarter, if paid quarterly.
In all of the aforestated cases, the failure to pay the garbage fees within the specified period shall be subject to an additional charge of twenty-five per centrum (25%) of the original fee which shall be collected at the same time as the original fee.
Article 30. The transfer of ownership or title and/or tax declaration or any type of house or building, subject to the payments of garbage fee, shall be effected by the City Register of Deeds and/or the City Assessor only when the person or entity disposing the property by sale, donation, barter or any other mode of transfer of ownership of title to real state within the City of Cebu, shall have shown the certificates/official receipts evidencing the payment of the corresponding garbage fee imposed herein, including surcharges, if any.
TITLE VIII - PENALTIES, COVERAGE, SEPARABILITY, REPEAL AND EFFECTIVITY
Article 31. Penalties - In addition to the fees herein prescribed, any person found guilty of violating any provision of this ordinance shall be punished by a fine of not less than FIVE HUNDRED PESOS (P500.00) nor more than ONE THOUSAND PESOS (1,000.00) or by imprisonment of not less than one month nor more than six (6) months or both such fine and imprisonment at the discretion of the court. If the violation is committed by a juridical person, the manager or the person-in-charge in the management thereof shall be criminally responsible thereof.
Every violation of any provision of this ordinance shall be construed as a separate offense and shall be punishable as herein provided.
Article 32. Coverage - Residents , owners of residential houses, leasees, occupants, business establishments located in Barangays not mentioned in Article 13 hereof shall be exempt from the payment of garbage fees as herein provided until the said barangay shall have been included in the subsequent Garbage Zones which the City Council or the other duly authorized city government agencies may make or adopt; PROVIDED, That garbage collection and disposal services in the said barangay shall have been rendered and effected by the government of the City.
Article 33. Separability - If any provision, article, or title of this portion hereof is, for any cause or reason, held, declared or pronounced as unconstitutional or invalid, the other provision, article hereof not so held, declared or pronounced shall remain valid and enforceable.
Article 34. Repeal - This ordinance hereby repeals Ordinance No. 281, as amended by Ordinances Numbered 614, 811, 931, 945, 950 and 957, as well as Ordinances Numbered 241, 821, 804 and 1295.
The provisions of Ordinance No. 1082 which are inconsistent herewith are hereby repealed. The other parts of the said Ordinance, as amended which are compatible with the provisions of this ordinance, shall remain in full force and effect and considered as suppletory in character.
All other ordinances or parts of ordinances not specifically mentioned but which are inconsistent with the provisions of this enactment are likewise hereby repealed.
Article 35. Effectivity - This ordinance shall take effect on April 1, 1990.
CARRIED BY MAJORITY VOTES.
(Cebu City Council Members Rama, Kintanar, Jr.,Borres, Jr. and Fernandez voted against).
APPENDIX No.10
LIST OF PITOGO BARANGAY OFFICIALS:
Barangay Captain - Dioscoro V. Laurilla
Barangay Councilors and respective Committees:
Peace and Order - Danilo A. Vargas
Health and Sanitation - Rodolfo S. Doromal
Infrastructure Development - Elmer R. Sanico
Education and Culture - Maria S. Daiz
Women and Child Abuse - Manuel C. Calara
Livelihood - Roland E. Quiambao
Appropriation and Finance - (Hermie S. Llagas)transferred to Roland E. Quiambao
APPENDIX NO. 11
LIST OF COMMUNITY-BASED ORGANIZATION
Sectoral (Women, Elderly, Youth)
1. Bagong Ina ng Bayan (New Mother of the Nation)
A barangay based organization usually active during community affairs such as fiestas and elections.
2. Pitogo Veterans Wives
This is the women partner organization of Veterans Federation Association. Its members are the wives of Filipino veterans.
3. Senior Citizens.
This is part of the nationwide organization of Senior Citizens aging sixty(60) years old and above. Mr. Rodolfo Doromal heads this organization.
4. Veterans Federation Association
Within Pitogo, this association is composed of the retired military personnel. Many are also member of the Senior Citizens.
5. Concerned Youth of Pitogo.
A youth organization formed by the political opposition of the present barangay officials. The group concerns itself with sports activities.
6. Siklab (Light) Movement
Also a youth organization in which the Sangguniang Kabataan (Youth Council) Chairperson and council persons are members. This is also concerned with sports activities within the community.
Other Organizations
7. Pitogo Multi-Purpose Cooperative
They provide loans for Pitogo residents.
8. Pitogo Livelihood '89
They provide loans for Pitogo residents.
9. Store Owners Association
This is the group of variety store owners within Pitogo.
10. Pitogo Vendors Association
This is an organization of all vendors in Pitogo talipapa.
11. Pitogo Sub-Parish
This is a group of women a
d men active in church activities within Pitogo.
12. Pitogo Brotherhood Association
This is the group of house owners and tenants in Pitogo.
13. Pitogo Drug Abuse Council
This is an organization of both youth and their parents in response to the drug abuse problem in the community. Mr. Rodolfo Doromal and MAPSA are partners to properly address the problem on drug addiction. Specific activities to drive away the youth from taking drugs are handled.
Republic of the Philippines
Metro Manila
Municipality of Makati
Office of Pitogo Barangay Council (23)
Ordinance No.: 05-89
Prohibition on the Proper Waste Disposal Based
on PD # 825 and Makati Ordinance No. 03
It is hereby mandated that the provision of this ordinance, set by Pitogo Barangay Council be implemented:
Section 1. All community members are strictly prohibited to throw or dump any kind of garbage along the road, sidewalks, alleys, public places, vacant lots, and all places not designated as dumping site in maintenance of the cleanliness and beautification of the environment, and in prevention of epidemic that might cause sikness.
Section 2. It is required that households provid etheir own garbage container inside their yard and bring this outside when the collection truck is in service.
Section 3. Whoever is caught throwing garbage at undesignated places particularly fish gills, chicken and dead animals, and those dumping or littering garbage in front of their house and prohibited places; after proven guilty in violation of ordinance shall penalized as follows: at first offence a fine not less than one hundred pesos (P100.00), second and following offence, two hundred pesos (P200.00); and if unable to pay he will be reported to the police and/or court for appropriate action.
Section 4. This ordinance shall be effective right after the copy is provided to zone leader and is disseminated/posted within fifteen (15) days at open areas where the copy can be easily noticed at the six zones ofthe barangay.
APPROVED, this _____ of October 1989.
DIOSCORO V. LAURILLA
Barangay Captain
ANGELA Q. LIMA MARIA S. DAIZ HERMIE S. LLAGAS, SR.
Councilor Councilor Councilor
MANUEL CALARA RODOLFO S. DOROMAL DANILO A. VARGAS
Councilor Councilor Councilor
WITNESS:
ESTELLA L. BAO
Barangay Secretary
APPENDIX NO. __
LIST OF MEMBER ORGANIZATIONS
BASAK SAN NICOLAS (BSN) URBAN POOR COORDINATING COUNCIL MEMBERS
August, 1996
1. Alumnos Homeowners Association
2. Alumnos Seaside Urban Poor Association
3. AROHA
4. Back Rubberworld Residents Association
5. Bagong Katilingban Residents Association
6. Bagong Katilingban Urban Poor Association
7. Basak Ubos Puso Parents Association
8. Basak Villa Kalubihan Frienship Community Association
9. Basak San Nicolas Community Homeowners Multi-Purpose
10. Basak Kalubihan Neighborhood Community Association
11. Basak Sangi Homeowners Association
12. Basak San Nicolas Women's Action Group
13. Basak Friendly Neighborhood Association
14. Basak Villa Kalubihan Urban Poor Community Association
15. Crossing Cabreros United Urban Poor Association
16. Cyco Side Residents Association
17. Cycoville Homeowners Association
18. Cyros Residents Association
19. Isla Alegre Sunday Club Association
20. Kalapukan Guinabsan Neighborhood Association
21. Lot No. 5123 Community Association
22. Lower Basak Brotherhood Homeowners Association
23. PUNAY
24. Pundok sa mga Kabun sa Kalubihan
25. Sitio Villa Kalubihan Association
26. Sitio Ypil Homeowners Association
27. Sitio Mahusay Community Association
28. Sitio Lupa Bontores Urban Poor Village Association
29. Sitio Panaghiusa Urban Poor Association
30. Sitio Bamboo Groove Community and Livelihood
31. Sitio Panagsama Residents Association
32. Sitio Toong United Neighborhood Association
33. Sitio Isla Mahilum
34. Sr. Sto. Nino Community Association
36. Tabasca Community Association
37. United Renters Welfare Association
38. Ybanez Back Rubberworld Residents Association