Code of Cabadbaran City General Ordinances

CODE OF GENERAL ORDINANCES
Cabadbaran, Agusan del Norte

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FOREWORD
The present administration of the Municipality of

Cabadbaran, Agusan del Norte, has made a bold step by
codifying the general ordinances of the municipality from past
to present.
The rationale behind the motility is to adopt to the

changing times, and at the same time pave way to convenience
and accessibility in research and ordinance making.
May this code assist the future bureaucrats of this

municipality or even abet those who seek knowledge and
insight.
September 13, 2006, Cabadbaran, Agusan del Norte.
Hon. Herman M. Libarnes Hon. Robert N. Cong

Mayor Vice Mayor
Hon. Harris Glenn D. Puyot Hon. Rey G. Jamboy

Sangguniang Bayan Sangguniang Bayan
Hon. Phillip D. Ramirez Hon. Loreto Q. Maragaas

Hon. Victoria G. Alli Hon. Ceasar Jomer Y. Ong Oh

Hon. Daniel O. Racaza Hon. Ramon M. Dagani

Hon. Val L. Villanueva Hon. Leo Dale A. Corvera

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AN ORDINANCE CODIFYING THE GENERAL ORDINANCES OF THE

MUNICIPALITY OF CABADBARAN, AGUSAN DEL NORTE.
Be it ordained by the Sangguniang Bayan of Cabadbaran, Agusan del Norte in

session assembled THAT---
CHAPTER I
INTRODUCTORY PROVISIONS
SECTION 1. Short Title - This Ordinance shall be known as the Code of General
Ordinances of Cabadbaran, Agusan del Norte.
SECTION 2. Relation to Prior Ordinances - The provisions of this Code which

are substantially the same as to the existing ordinances related to the same subject matter
shall be construed as re-statements and not as new enactment.
SECTION 3. Amendment or New Chapter or Section - Any amendment shall

refer to the chapter or section concerned. A new chapter may be placed where it
appropriately pertains. A new section may be added or inserted in proper chapter with
corresponding decimal number.
SECTION 4. Reference to Code - Whenever reference is made to any portion of

this Code, the reference applies to all amendment and additions that may hereafter made.
SECTION 5. Subsequent or New Ordinance and their Integration - All

general ordinances enacted subsequent to the date of effectivity of this Code shall be
compiled in such a way as to bear the corresponding chapter and section to which each
general ordinance pertains. The new general ordinances shall be integrated into the
corresponding chapter or section whenever the Sangguniang Bayan authorizes a new
printing.
SECTION 6. Effect of Headings -- The Chapter and Section headings do not in

any manner affect the scope, meaning or intent of the provisions of this Code.
SECTION 7. Construction of Code - In the construction of this Code the

following rules shall be observed unless the construction would be inconsistent with the
manifest intent of the Code:
1. General Rules - All words and phrases shall be construed and understood
according to the common and approved usage of the language; but technical
words and phrases and such others as may have acquired a peculiar and
appropriate meaning in the law shall be construed and understood according to
that peculiar and appropriate meaning.
2. Gender / Singular and Plural - Every word in any ordinance imparting the
masculine gender shall extend to and be applied to female as well as males;
and every word imparting the singular number only shall extend and be applied
to several persons or things as well as to one person or thing; and every word
imparting the plural number only shall extend and be applied to one person or
thing as well as to several persons or things.
3. Person - The word "person" shall extend and be applied to firms, corporations,
or voluntary association as well as the individual, unless plainly applicable.
4. Tenses - The use of any verb in the present tense shall include the future when
applicable.
5. Shall have been - The words "shall have been" include past and future cases.
6. Reasonable Time of Notice - In all cases where any provision of this Code
shall require any act to be done in a reasonable time or reasonable notice to be
given, that reasonable time or notice shall mean such time only as may be
necessary for the prompt performance of that duty, or compliance with that
notice.
7. Shall and May - "shall is mandatory and "may" is permissive.
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CHAPTER 2
PUBLIC POLICY
Article 1. To raise funds reserved for the maintenance of the municipal fire
department. (Ord. No. 57-1963)
SECTION 1. All business establishments maintaining bodegas at present and in

the future as storage for gasoline, copra, lumber, kerosene, and other materials or
substances of item that are combustible or inflammable shall pay a yearly fee payable in
the amount of P25.00 beginning from the date this ordinance takes effect renewable on or
before the 20th of January of every year.
SECTION 2. The fees shall be deposited with municipal treasurer and can only be
expended upon appropriation of the municipal council for the purpose of acquiring,
maintaining and/or repairing fire-fighting apparatus of the municipality of Cabadbaran.
SECTION 3. Any person who shall engage in any business maintaining a storage
house within the municipal limit of Cabadbaran who fails to pay the fee in the preceding
section within the period prescribed shall be penalized with a fine of FIVE HUNDRED
PESOS (P500.00) without imprisonment.
Article 2. Prohibiting the sale of intoxicating liquor within the radius of 100 meters
from the place where a duly authorized gathering is held and for other purposes.
(Ord. No. 59-1963)
SECTION 1. No person or establishment is allowed to sell intoxicating liquor

within a radius of 100 meters from the place where a duly authorized gathering is being
held.
SECTION 2. For purposes of establishing the correct intent of the terms embraced
in this ordinance, the following shall prevail:
a. Place - any place in the Poblacion and in the barrios where a duly authorized
gathering is held, for instance, the public plaza, market place, school buildings,
etc.
b. Gathering - political rallies, dances (benefit or not), religious assemblies,
amateur hours, programs, etc.
c. Intoxicating liquor - wine (locally produced), tuba, basi, mallorca, siu hoc
tong, beer and any brand of liquor.
d. Duly authorized gathering - any of the aforementioned gathering which carries
a permit by the office of the municipal mayor or of the municipal secretary.
SECTION 3. Penalty - any person or establishment found violating the provisions
of this ordinance shall pay a fine of not less than ONE THOUSAND PESOS (P1,000.00)
or imprisonment of not less than ten (10) days, or both at the discretion of the court.
Article 3. Prohibiting children below five (5) years of age to go inside the theater and
for other purposes. (ord. No. 1-1966)
SECTION 1. Children below five years of age are not allowed to go inside any
theater or any other establishments in this municipality either alone or with their parents.
SECTION 2. The management of any theater or any other similar establishments,

including the gatekeepers or porteros, shall be held liable should a child below five years
of age be found inside the said establishments.
SECTION 3. A fine of five hundred pesos (P500.00) shall be imposed upon the
management and/or the porteros of any theater or any other similar establishments should
they be caught violating the provisions of this ordinance.
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Article 4. Building ordinance of Cabadbaran, Agusan del Norte and for other
purposes. (Ord. No. 10-1975)
SECTION 1. The application for building construction should be accompanied

with a plan or sketch prepared and signed by a duly licensed architect, registered civil
engineer or a master carpenter. PROVIDED THAT, the plan or sketch shall embody
among others the total estimated cost of construction of the building; PROVIDED
FURTHER HOWEVER that should it be found out later that the total cost of construction
is very much more than the actual cost of construction, said applicant shall pay the
difference in building permit fee to be determined from the difference of the estimated
cost of the building at application time from the total cost of construction at completion
time as determined by the deputy municipal assessor as to its current and fair market value
or as per verification by the municipal engineer PROVIDED FINALLY, that the building
so constructed or repaired shall be subject to the inspection and verification by the
municipal engineer before the owner occupies it.
SECTION 2. Failure on the part of the applicant for building permit

construction and or repair to secure an application for building construction, either
residential or commercial or pay the corresponding permit and to the preceding provisions
shall mean a payment of fine in the amount not less than FIVE HUNDRED PESOS
(P500.00) and not more than ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00);
PROVIDED FURTHER that all payments pertaining to the fee or fine as herein specified
under this ordinance shall be payable to the municipal government through the municipal
treasurer .
Article 5. Updating the numbering of all dwellings, houses or other buildings erected
or to be erected within the municipality of Cabadbaran, Agusan del Norte, and
fixing fees and penalty thereof. (Ord. No. 06-1989)
SECTION 1. System and plan - all dwellings, houses or other buildings erected
or to be erected on any street, alley, lane, or other public places within the municipality of
Cabadbaran, Agusan del Norte, shall be numbered in accordance with the system and plan
herein after provided;
a. beginning from the most southerly and westerly point of each street, to its
other end, numbers shall be assigned in simple increasing arithmetical
progressions: those on the right side being even numbers and those on the
left odd numbers. In case a street curves continuously from south to west,
numbering shall start from the west.
b. For houses existing on lots fronting streets, lanes, alleys, or any public
places, main numbers shall be assigned, reserving a number for each and
every consecutive lot left vacant at each side of the street at the time of the
numbering of the houses; Provided, however, that should the size of the lot
allow the construction of more than one house on the same lot, or the
construction of "accessories, the first house or first "accessory, to be
constructed shall bear the main number so reserved, and any adjacent
construction on the same lot shall be sub-numbered A,B,C, etc., viz.: 25-A,
25-B, 25-C and so on; and provided furthermore that should the lot where
the house is located be within the commercial zone, one number should be
assigned for every 4 meters or frontage. For houses actually existing and
fronting streets within unsubdivided portion, a number should be assigned
for every 10 meters of frontage, reserving a number for each and every 10
meters frontage left vacant.
c. For houses constructed or to be constructed in the interior of irregular
nameless lanes or passages, the main numbers of the houses, directly
fronting the street shall be assigned, together with the sub-numbers Int-1,
Int-2, Int-3 etc., viz.: 31-Int-2, 31 Int-3, and so on.
d. Corner lots, whether in the industrial, residential or commercial sections,
shall bear numbers, each corresponding to the numbering of each street
bordering them; thus, corner buildings shall have two numbers.
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SECTION 2. Placing of numbers - it shall be the duty of the municipal

engineer to assign the house number to be placed on any dwelling, house or other building
situated in the municipality of Cabadbaran, Agusan del Norte, in accordance with the
system and plan herein provided in section 1. The plate number shall be placed by the
owner of the house or building in accordance with the rules prescribed by the municipal
engineer with regard to form, shape and location of the plate, provided, that number plates
may be purchased from the office of the municipal treasurer upon application by the
owner.
SECTION 3. Duty of every owner - it shall be the duty of every owner of the
house or building erected or to be erected in the municipality of Cabadbaran, Agusan del
Norte, to place the corresponding number assigned to said house or building within a
period of 10 days from the date he receives the notice to that effect.
SECTION 4. Taking down, altering, defacing, etc. of numbers - it shall be

unlawful for any person to take down, alter, or deface any number plate, or to retain an
improper number, or to substitute any number on the house or building other than the one
to be purchased from the office of the municipal treasurer. This section shall not prohibit
the replacing of a worn-out or illegible number by a new plate, bearing the same design
and number as the original.
SECTION 5. Fees - the amount of fifty pesos (P50.00) shall be paid to the
municipal treasurer by the owner of the dwelling, house or building for every number
issued under this ordinance. For the numbering of said house or building the amount of
thirty pesos (P30.00) shall be paid to the municipal treasurer by the owner of said
dwelling, house or building.
SECTION 6. Penalty - any person violating the provisions of this ordinance

shall upon conviction be punished by a fine of not less than FIVE HUNDRED PESOS
(P500.00) nor more than ONE THOUSAND PESOS (P1,000.00) or by imprisonment of
not less than ten (10) days nor more than thirty (30) days , or both such fine and
imprisonment in the discretion of the court.
Article 6. Prohibiting the drinking of liquors and intoxicating beverages within the
premises of the Rizal Park and Childrens Park and providing penalties for
violations thereof. (Ord. No. 9-1992)
SECTION 1. Drinking of liquors and intoxicating beverages inside the premises of

the Rizal park and childrens park is hereby prohibited, except during authorized official
occasions and activities;
SECTION 2. Any person violating this ordinance shall suffer a fine of not less
than three hundred pesos but not more than five hundred pesos or an imprisonment of not
less than one month but not more than three months, or both such fine and imprisonment
at the discretion of the court;
SECTION 3. Copies of this ordinance shall be posted along the Four Corners of
the Rizal Park and childrens park.
Article 7. Prescribing schedule of fair market value and base unit construction cost
for buildings and other structures in pursuance of section 212 of RA 7160 and for
other purposes. (Ord. No. 3-1993)
SECTION 1. The schedule of fair market value and base unit construction cost for
buildings and other structures are hereby prescribed in pursuance of section 212 of RA
7160, to wit:
SCHEDULE OF FAIR MARKET VALUE
URBAN LANDS:
A. Residential
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1st Class----------------------------- 160.00

2nd Class---------------------------- 128.00
3rd Class----------------------------- 96.00
4th Class----------------------------- 64.00
B. Commercial
1st Class------------------------------ 360.00
2nd Class------------------------------ 288.00
3rd Class------------------------------- 216.00
4th Class------------------------------- 144.00
C. Industrial
1st Class-------------------------------- 400.00
2nd Class-------------------------------- 320.00
3rd Class--------------------------------- 240.00
4th Class--------------------------------- 160.00
AGRICULTURAL LANDS
A. Classified
1. Rice with Irrigation
1st Class--------------------------------- 63.800.00
2nd Class-------------------------------- 51.040.00
3rd Class--------------------------------- 38.280.00
4th Class--------------------------------- 25.520.00
2. Rice w/o Irrigation
1st Class--------------------------------- 38.140.00
2nd Class--------------------------------- 30.510.00
3rd Class--------------------------------- 22.880.00
4th Class--------------------------------- 15.260.00
3. Rice Upland
1st Class--------------------------------- 20.830.00
2nd Class-------------------------------- 16.660.00
3rd Class--------------------------------- 12.500.00
4th Class--------------------------------- 8.330.00
4. Coconut Land
1st Class--------------------------------- 33.660.00
2nd Class--------------------------------- 27.090.00
3rd Class--------------------------------- 20.320.00
4th Class--------------------------------- 13.540.00
5. Corn
1st Class--------------------------------- 20.250.00
2nd Class--------------------------------- 16.200.00
3rd Class--------------------------------- 12.150.00
4th Class--------------------------------- 8.100.00
6. Fishpond
A. Traditional (Bangus)
1st Class---------------------------- 56.190.00
2nd Class---------------------------- 44.950.00
3rd Class---------------------------- 33.710.00
4th Class---------------------------- 22.480.00
B. Extensive (Bangus/Prawn)
1st Class------------------------ 94.730.00
2nd Class------------------------ 75.780.00
3rd Class------------------------ 56.840.00
4th Class------------------------ 37.890.00
C. Semi-Intensive (Sugpo only)
1st Class------------------------ 138.670.00
2nd Class----------------------- 110.940.00
3rd Class------------------------ 83.200.00
4th Class------------------------ 55.470.00
D. INTENSIVE (Sugpo Only)
1st Class------------------------ 306.220.00
2nd Class------------------------ 244.980.00
3rd Class------------------------ 183.790.00
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4th Class------------------------ 122.490.00

8. Abaca
1st Class--------------------------------- 23.690.00
2nd Class-------------------------------- 18.950.00
3rd Class--------------------------------- 14.210.00
4th Class--------------------------------- 9.480.00
9. Orchard
1st Class---------------------------------- 22.030.00
2nd Class--------------------------------- 17.620.00
3rd Class---------------------------------- 13.220.00
4th Class---------------------------------- 8.810.00
B. Unclassified
1. Banana-------------------------------- 22.640.00
2. Nipa----------------------------------- 20.690.00
3. Bamboo------------------------------- 6.500.00
4. Camote-------------------------------- 8.670.00
5. Pasture-------------------------------- 8.190.00
6. Ipil-Ipil/Falcata---------------------- 25.960.00
BUILDINGS:
Residential Buildings:
I-A - 4,550.00
I-B - 4,230.00
II-A - 4,160.00
II-B - 4,100.00
II-C - 3,900.00
III-A - 3,770.00
III-B - 3,640.00
III-C - 3,580.00
III-D - 2,600.00
IV - 1,300.00
Accessoria or Raw Houses:
I-A - 4,520.00
I-B - 4,340.00
II-A - 4,030.00
II-B - 3,480.00
II-C - 3,240.00
III-A - 2,760.00
III-B - 2,510.00
III-C - 2,260.00
III-D - 2,020.00
IV - -
Apartments, Boarding Houses, Lodging Houses:
I-A - 5,010.00
I-B - 4,640.00
II-A - 4,030.00
II-B - 3,170.00
II-C - 3,060.00
III-A - 2,870.00
III-B - 2,560.00
III-C - 2,260.00
III-D - 2,080.00
IV - -
Garage, Quarter, Laundry & Guard House:
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I-A - 3,980.00
I-B - 3,780.00
II-A - 3,420.00
II-B - 3,240.00
II-C - 2,870.00
III-A - 2,440.00
III-B - 2,080.00
III-C - 1,830.00
III-D - 1,650.00
IV - -
School Buildings:
I-A - 5,200.00
I-B - 4,560.00
II-A - 3,240.00
II-B - 3,060.00
II-C - 2,690.00
III-A - 2,330.00
III-B - 2,150.00
III-C - 1,950.00
III-D - 1,590.00
IV - -
Hotels, Motels, Hospitals, Banks, Condos, & Offices:
I-A - 5,930.00
I-B - 5,500.00
II-A - 5,010.00
II-B - 4,520.00
II-C - 4,160.00
III-A - 3,350.00
III-B - 3,060.00
III-C - 2,870.00
III-D - 2,630.00
IV - -
Theaters, & Assembly Houses:
I-A - 6,180.00
I-B - 6,050.00
II-A - 5,620.00
II-B - 5,010.00
II-C - 4,390.00
III-A - 4,160.00
III-B - 3,240.00
III-C - 2,870.00
III-D - 2,630.00
IV - -
Restaurants, Shopping Centers, Markets:
I-A - 4,280.00
I-B - 3,980.00
II-A - 3,600.00
II-B - 3,370.00
II-C - 2,990.00
III-A - 2,510.00
III-B - 2,330.00
III-C - 1,900.00
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III-D - 1,770.00
IV - -
Factories, Warehouses, Bodegas:
I-A - 4,100.00
I-B - 3,300.00
II-A - 2,690.00
II-B - 2,560.00
II-C - 2,330.00
III-A - 1,830.00
III-B - 1,720.00
III-C - 1,650.00
III-D - 1,590.00
IV - -
Gymnasiums, Coliseums:
I-A - 5,500.00
I-B - 5,010.00
II-A - 4,580.00
II-B - 3,670.00
II-C - 3,420.00
III-A - 3,120.00
III-B - 2,560.00
III-C - 1,900.00
III-D - 1,770.00
IV - -
Bowling Lanes & Pelota Courts:
I-A - 6,790.00
I-B - 5,930.00
II-A - 5,200.00
II-B - 3,980.00
II-C - 3,730.00
III-A - 2,990.00
III-B - 2,760.00
III-C - 2,570.00
III-D - 2,440.00
IV - -
Swimming Pools & Bath Houses:
I-A - 2,760.00
I-B - 2,630.00
II-A - 2,150.00
II-B - 2,020.00
II-C - -
III-A - -
III-B - -
III-C - -
III-D - -
IV - -
Gasoline Stations & Refining Plants:
I-A - 3,850.00
I-B - 2,240.00
II-A - -
II-B - -
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II-C - -
III-A - -
III-B - -
III-C - -
III-D - -
IV - -
Poultry Houses, Hog Sheds, Goat Sheds & Sheds:
I-A - -
I-B - -
II-A - -
II-B - -
II-C - -
III-A - -
III-B - -
III-C - 1,030.00
III-D - 900.00
IV - 770.00
SECTION 2. The said schedule shall be the basis for the conduct of the General
Revision of Real Property Assessment in 1993 onwards unless superseded by a new
ordinance to this effect.
Article 8. Prohibiting smoking in school campuses, public conveyances and specified

public places in the municipality of Cabadbaran, Agusan del Norte. (Ord. No. 12-1994)
SECTION 1. Title this ordinance shall be known as the no smoking ordinance

of Cabadbaran, Agusan del Norte
SECTION 2. Definition of terms when used in this ordinance, the term:
a) School campuses refer to the spaces or grounds belonging to or enclosed by

the buildings or a school or college;
b) Public conveyances refer to the means of public transportation commonly
used in the locality such as pedaled and motorized tricycles and public utility
jeepneys and buses;
c) Public places refer to parks or spaces, opened or enclosed buildings occupied
for people for its benefits and common use;
SECTION 3. It shall be unlawful for any person to smoke cigarettes, cigars and/or
tobacco in school campuses, public conveyances and in the following specified public
places;
a) Public and private school buildings and campuses;

b) Public and private clinics, hospitals and health centers;
c) Government offices, session halls, conference halls and/or rooms;
d) Public conveyances, public transport facilities, public utility vehicles, such as,
jeeps, jeepneys, buses, motorized tricycles and pedicabs or trisikads;
e) Public plazas/parks, childrens playground, jeepney and tricycle terminals,
municipal gym, sport center, theaters and movie houses and other similar
establishments that provide services to the public such as public market except
at the fish, meat and vegetables sections, provided, however that restaurants,
luncheonettes, carenderias, and other food centers or establishment that serve
as or are converted to cocktail lounges, folk houses, disco houses or
entertainment centers during night time shall not be covered by this prohibition
starting 7:30 oclock in the evening up to 4:00 oclock in the morning of the
following day.
SECTION 4. The owners, proprietors and/or managers of establishments and

chiefs of government offices concerned shall provide and place or post placards or signs
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with the following printed words, SMOKING IS PROHIBITED HERE, MUNICIPAL

ORDINANCE NO. 12-94 in conspicuous places within their respective establishments
and offices to inform and remind the public of the prohibition of this ordinance.
SECTION 5. Owners/proprietors or manager of business establishment specified

in this ordinance may designate a smoking area for its customers within a corner of its
premises to be secluded from no-smoking area.
SECTION 6. Schools authorities, health officers, CADENCE members and

concerned citizens are hereby required to coordinate with the PNP regarding the
implementation and apprehension of violators of this ordinance.
SECTION 7. Any violation of this ordinance shall be fined, as follows:
a) First offense - P300.00

b) Second offense - P500.00
d) Third and succeeding offenses P1,000.00 or a penalty of imprisonment of not
less than ten (10) days nor more than thirty days or both such imprisonment
and fine at the discretion of the court.
SECTION 8. All existing ordinances and all provisions therein, which are
inconsistent herewith are hereby repealed or modified accordingly.
SECTION 9. This ordinance shall take effect thirty days after posting of copies of
this ordinance in conspicuous places. The Sangguniang Bayan together with the PNP shall
give this ordinance the widest publicity and inform the public beforehand of the actual
date of effectivity.
Article 9. Prohibiting the establishments serving intoxicating liquors to minors and

providing penalties therefore, and for other purposes. (Ord. No. 18-1995)
SECTION 1. The serving of intoxicating liquors to minors in any establishment,

such as Pub Houses, Sari-sari store, market stalls and similar establishment is prohibited.
SECTION 2. For definition purposes minors shall refer to persons aged below 18
years old.
SECTION 3. Operators and or keepers of the said Pub Houses, sari-sari stores and
market stalls and similar establishments found or caught violating the provision of section
1 hereof shall be subjected to a fine of five hundred pesos for the first offense, one
thousand pesos for the second offense and cancellation of license for the third offense.
SECTION 4. Any ordinance or section thereof, rules and regulations, which are
inconsistent with the provisions of this ordinance, are hereby repealed.
Article 10. Establishing a pre-marriage counseling program prescribing fees

therefore and for other purposes. (Ord. No. 4-1998)
SECTION 1. Creation of municipal pre-marriage counseling team - there shall

be created a municipal pre-marriage counseling team to be composed of the following:
MSWDO team Leader

Members:
1. Office of the Local Civil Registrar
2. Health
3. Population Office
4. Agriculture Office
5. DECS
6. Religious Groups/NGOs
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SECTION 2. Powers and functions of the pre-marriage counseling team - the

pre-marriage counseling team shall exercise the following powers and functions:
1. Install/operationalize mechanism for retrieval of applicants names from the

office of the local civil registrar.
2. Strengthen the referral system from the LCR to the PMC team.
3. Prepare the operational budget and allocate resources.
4. Issue PMC certificates to successful couples.
5. Develop and maintain a data bank for the marriage expectations inquiry
forms and other PMC documents.
6. Conduct PMC sessions:
7. Identify lead facilitator for PMC sessions. This maybe rotated among
members.
8. Post schedule of PMC sessions in the office of the LCR, DSWD Office or
other conspicuous places in the municipal hall.
9. Disseminate information on PMC through radio, community assemblies,
barangay meetings, etc.
10. Ensure that the training area is convenient, conducive to learning and
sharing, private and promotes confidentiality.
11. Prepare needed supplies/materials for the sessions.
12. Allow not more than a maximum of 15 couples for each PMC sessions.
SECTION 3. Pre-marriage counseling service protocol - the following

procedure shall take precedent in the issuance of marriage license;
1. Couples apply for marriage license at the office of the civil registrar.
2. LCR forwards referral to PMC team.
3. Couples to personally register for PMC, accomplish the marriage
expectation inquiry form to help the PMC team assess the needs, approach
and focus of the counseling sessions for the applicants.
4. Applicants should be required to attend all session on time, without
exceptions.
5. PMC team issue PMC certificate to couples who have completed the
prescribed 8 hours counseling session. PMC sessions maybe conducted as
a one-day activity, or divided into 4-hour sessions for two days, as maybe
decided by the PMC team, provided that a special PMC seminar fee of
P500.00 shall be paid.
6. Couples are referred back to LCR.
SECTION 4. Imposition of fees - a service fee of P60.00 shall be collected

from every couple undergoing the pre-marriage counseling seminar. All monies collected
by virtue of this ordinance shall accrue to the General Fund of this municipality.
SECTION 5. Penal Clause -
a) Person or persons violating any provisions of this ordinance shall be fined

P500.00 or equivalent imprisonment at the discretion of the court. Any
member of the PMC Team found guilty of violating the provisions of this
ordinance shall be fined P1,000.00.
b) No marriage license shall be issued by the office of the local civil registrar
without the pre-marriage counseling certificate. Failure on the part of the
Local Civil Registrar to require said pre-marriage counseling certificate
prior to issuance of a marriage license will subject the LCRO and other
concerned employees of the LCR to administrative charges.
SECTION 6. Repealing clause -
a) Numbers 5 and 7 of sec. 32 art. XIV of Mun. Ord. No. 17-96 otherwise
known as the revenue code of the municipality of Cabadbaran, Agusan del
Norte is hereby repealed.
b) Any previous ordinances, executive orders and issuance or parts thereof
which are inconsistent with any of the provisions of this ordinance are
hereby repealed or modified accordingly.
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Article 11. Providing curfew for minors and for other purposes. (ORDINANCE NO.
1999-13)
SECTION 1. It is strictly prohibited for any person below 18 years of age, to

roam around the municipality and other public places in any part of the municipality,
after the hour of eleven oclock (11:00) in the evening until four thirty (4:30) in the
morning of the next day.
SECTION 2. PUBLIC PLACE DEFINED - Public place means any place

to which the public has access. It shall include any street, highway, road alley or
sidewalk it shall also include the front or the neighborhood of any store, waiting
shed, shop, restaurant, tavern or other place of business, and public grounds, areas,
park, as well as parking lots or other vacant private property not owned by or
under the control of the parent or guardian of the person charged with violating
this Ordinance.
SECTION 3. For purposes of this Ordinance, the PNP Station Commander,

the Bureau of Fire Protection and the barangay tanod shall order the blowing of
the siren at 10:00 P..M. in the case of the Poblacion and in the interior barangays
not reached by the sound of the siren, the blowing of whistles by barangay
tanods to last for two (2) minutes, as warning to those prohibited by this
ordinance to leave the streets and other public places and for them to return to
their homes or dwelling places.
SECTION 4. EXEMPTIONS - Minors,

a.1. Who by reason of important errand, or emergency.
a.2. Traveling with their parents or guardians on lawful
missions.
a.3 Attending wholesome and decent entertainment or program or any
educational, civic or religious conferences, meetings, church services
and/or public rallies, the purpose of which is for the common good
and/or the like, are hereby exempted from the provisions of the
above section,
PROVIDED, further, that in the case of a.3 an exemption pass must be presented
and that after the termination or accomplishment of the purpose mentioned herein,
the minor shall immediately go home.
b). The Sangguniang Kabataan in the barangays is directed to print or

prepare an Official Exemption Pass that will be signed by the Brgy. Captain or any
barangay official duly designated by the barangay council for the approval of the
Pass.
c). The Exemption Pass shall include the name of the minor, complete
home address, destination, purpose and time duration of the Exemption Pass.
SECTION 5. A). DUTIES OF THE PNP AND THE MSWD - After
apprehension, the police shall bring the violator or violators to the police station
under the Children and Youth Relation Section for the proper recording under
the MSWD Custodial Supervision Records. The Children and Youth Relation
Section is hereby directed to take custody of the violator and provide him or her
proper accommodation in a detention home for youth violators, female
violator/s must be separated apart from male and shall be under the custody of a
policewoman. The MSWD is also directed to assist the Children and Youth
Relation Section of the PNP in the comfort and convenience of the violators
who are detained. Likewise, the MSWDO is directed to detail one male and one
female worker in the detention home as the case maybe and as the need arises.
b). The parents and/or guardians of the violator/s must be immediately

notified regarding the apprehension.
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SECTION 6. DUTIES OF SCHOOLS/EDUCATIONAL INSTITUTIONS -

All schools and educational institutions within the municipality are hereby
required to include in their school I.Ds the date of birth and age of the student,
which should be updated annually.
SECTION 7. PENALTIES - Violations of this Ordinance shall be penalized

as follows:
a). For the first offense - Reprimand and counseling by the

MSWD Officer or his authorized
representative
b). For the second offense - day Community Service

c). For the third and
succeeding offenses - 1 day Community service
SECTION 8. LIABILITY OF PARENTS OR GUARDIANS - No parent or

guardian of the minor shall willingly permit that minor to loiter in violation of this
Ordinance.
Parents, guardians or persons in charge of the custody of the minor/s shall

be responsible for the liabilities of those minors.
SECTION 9. In the case of the rural barangays and some remote urban
barangays not being reached by the PNP children and Youth Relation Section,
their barangay officials shall direct the Brgy. Tanods to implement this Ordinance
in their respective jurisdiction. After apprehension of the violator/s the Brgy. Tanod
or duly authorized barangay official shall turnover the violator/s to the
parents/guardians concerned.
Article 12. Prohibiting untrained/uncertified hilot to handle deliveries of babies

within the Municipality of Cabadbaran, Agusan del Norte and imposing penalties for
violations thereof. (ORD. # 01-2006)
SECTION 1. Declaration of Policy it is hereby declared the policy of the

Municipality to:
a. Reduce the mortality rate of pregnant mothers and infants;
b. Ensure proper usage of instruments used in delivering babies, and
c. Promote quality health services;
SECTION 2. DEFINITION OF TERMS for purposes of this ordinance, the

following words or terms as used herein shall mean as follows:
a. Hilot a person referred to as trained birth

attendant, under normal delivery by accredited
government agency;
b. Training & Seminar a single session or one
week meeting devoted to presentation and
discussion on particular topics seen to be
relevant and needed by the untrained hilot, as
determined by the Municipal Health Officer or
accrediting agency.
SECTION 3. DUTIES OF TRAINED HILOT
a. To attend seminars related to motherhood health care may be called by the

Municipal Health Officer;
b. To perform and assist for the safe and proper deliveries of babies;
c. Must be knowledgeable to family planning and other health services;
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SECTION 4. PENALTY CLAUSE No untrained hilot shall perform/handle

deliveries of babies and violations on any part or parts of this ordinance shall be subject to
fine of the following:
1st Offense P1,000.00 plus trainings and seminars in handling deliveries

of babies under the supervision of the of the health personnel;
2nd Offense P1,500.00 plus trainings and seminars
3rd Offense P2,500.00 or an imprisonment of not less than thirty (30)
days but not exceeding three (3) months or both fine and imprisonment upon discretion of
the court.
SECTION 5. ENFORCEMENT It shall be the duty of the Municipal health

Officer to implement this ordinance to issue the necessary rules and regulations for its
proper implementation and to provide list of all trained hilots to every barangay and to be
monitored and supervised by the midwife assigned in their respective barangays.
CHAPTER 3
HEALTH AND SANITATION
Article 1. Requiring cooks and waitresses or servers in restaurants to wear caps,

aprons and clean uniforms and for other purposes. (Ord. No. 19-1965)
SECTION 1. Cooks and helpers employed in restaurants, including owners who

do the cooking themselves, shall be required to wear caps and aprons.
SECTION 2. Waitresses or servers in any eatery or restaurant shall be required to

wear clean uniforms while on duty.
SECTION 3. Anybody caught violating the provisions of section 1 and 2 hereof

shall pay a fine of FIVE HUNDRED PESOS (P500.00) or suffer imprisonment of six (6)
days in case of insolvency.
Article 2. Prescribing clean wrappers for bread and other foodstuffs being sold in the
municipality and for other purposes. (Ord. No. 18-1965)
SECTION 1. It shall be prohibited among storeowners or tenderas to use

newspapers, magazines or any soiled paper or wrappers for bread and other foodstuffs.
SECTION 2. Bread and other foodstuffs shall be wrapped in clean unprinted

paper.
SECTION 3. Any store owner and/or keeper or tenderas caught violating the
provision of this ordinance shall pay a fine of FIVE HUNDRED PESOS (P500.00) or
suffer imprisonment of six (6) days in case of insolvency.
Article 3. Requiring the residents of this Municipality to cleanse their yards and
vacant lots and for other purposes. (Ord. No. 5-1966)
SECTION 1. It shall be required of all residents of this municipality to have their

yards and vacant lots whether residential or commercial, in the Poblacion and interior
barangays cleansed of all filth and shrubs. It shall be incumbent upon the municipal
government to have lots and buildings which are in an unsanitary condition to be cleansed
at the expense of respective owners or tenants should the latter refused to heed this
provision.
Article 4. Penalizing any person in this Municipality who refuses to have his/her
house sprayed with chemicals in connection with the campaign to eradicate malaria,
dengue fever, and other insect borne diseases. (ORD NO. 6-1967)
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SECTION 1. Any person who will refuse to have his/her house sprayed with
chemicals used in connection with the campaign to eradicate insect borne diseases shall be
penalized with a fine of FIVE HUNDRED PESOS (P500.00) or its equivalent
imprisonment in case of insolvency;
SECTION 2. The provision of section 1 hereof shall be implemented only after

two successive refusals by any person who may have seen sufficient demonstration to the
effect that the chemicals will not harm them or their animals;
Article 5. Requiring owners of artesian wells and/or water pipe connections to repair
leaking and cover properly unburied pipes and prescribing penalty therefore. (Ord.
No. 1-1968)
SECTION 1. Any owner or owners of artesian wells and /or water pipe
connections shall be obliged to repair leaking and cover properly unburied pipes.
SECTION 2. Any owner or owners of artesian wells and/or water pipe

connections found violating the provision of section 1 hereof shall be penalized with a
fine of FIVE HUNDRED PESOS (P500.00) or its equivalent imprisonment or both fine
and imprisonment at the discretion of the court.
Article 6. Compelling parents and/or guardians to submit their children aged one (1)
to six (6) years for weighing (timbang) in connection with the nutrition program and
for other purposes. (Ord. No. 7-1975)
SECTION 1. It shall be the duty of any parent and/or guardian residing in the
municipality of Cabadbaran to submit his/her children aged 1-6 years for weighing when
so required by the health authorities or the municipal nutrition committee.
SECTION 2. Any parent and/or guardian who shall refuse to comply with the
provision of section 1 hereof shall be banned and/or disqualified to avail of the services of
the Health Center/s;
Article 7. Prohibiting the delivery and sale of fish treated with formalin or any other
toxic substance in the municipality of Cabadbaran, Agusan del Norte and for other
SECTION 1. No person or persons shall treat any substances as food coloring,

etc., to alter the natural color of fish or meat sold in the public market nor shall be allowed
to deliver for sale in the municipality of Cabadbaran any fish treated with formalin or
derivative from formaldehyde or any toxic substance;
SECTION 2. A) person or persons found violating this ordinance shall be fined

P1,000.00 and shall suffer imprisonment of six (6) months;
CODE OF GENERAL ORDINANCES, CABADBARAN CITY

B) Fish and meat found to be treated with formalin or derivative of
formaldehyde, food coloring, or any other toxic substance shall be confiscated and
disposed of properly upon the recommendation of the Municipal Health Officer or their
duly authorized representatives.
Article 8. Regulating garbage disposal from households and business establishments;

fixing the schedule of garbage collection by garbage truck.
SECTION 1 - No person or persons shall dump or place garbage on the streets for
collection after 6:00 A.M. and before 7:00 P.M. at the following streets:
a. From corner A. Atega and A. Curato Streets to corner A. Atega and

Asis Streets;
b. From corner A. Atega and Asis Streets to corner Asis and Garame
Streets
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c. From corner Asis and Garame Streets to corner Garame and A. Atega
Streets;
d. From corner Garame and A. Curato Streets to corner A. Curato and A.
Atega Streets.
The following time and schedule is hereby fix for garbage collection in
Poblacion, viz:
TIME STREETS
6:00 - 6:28 a.m. From corner Atega St. and A. Curato St.
along Atega St. to Atega's Residence
6:30 - 6:58 a.m. From corner Atega St. and Asis St along
Asis St. to corner Asis and Garame Sts.
7:00 - 7:28 a.m. From corner Garame St and Asis, along
Garame St. to residence of Mr. Moyan Ty
7:30 - 7:58 a.m. From corner A. Curato and Garame St. along
A. Curato to TEKS Trading Fidel Dagani
Street
8:00 - 8:28 a.m. From TEKS Trading along L. Dagani to
corner Cabiltes and Atega Street.
8:30 - 9:28 a.m. From corner Cabiltes and Atega, along
Atega St. to corner Atega and Carlon, to
Villanueva Sts. up to Adolfo Mortola St.
9:30 - 10:28 From former Villanueva St. and a. Mortola
St.. along a. Mortola St to corner a Mortola
and Alaan St.
10:30 - 11:00 From corner A. Mortola and Rara St. to
dumping area
11:00 - 12:00 Market area (infront of royal trading) stand
by
12:00 Noon OFF
1:00 -1:58 p.m. From market to corner A. Curato and
Funcion streets to corner Funcion and E.
Curato streets
2:00 - 2:28 From corner E. Curato and Funcion streets

along E. Curato to corner L. Cabrera St. and
E. Curato St.
2:30 - 2:58 From corner L. Cabrera and E. Curato St. to
corner L. Cabrera and Cabiltes Sts. Back to
corner E. Curato and L. Cabrera st.
3:00 - 3:58 From corner E. Curato St. and L. Cabrera to
corner E. Curato and Ibay Sts.
4:00 - 4:58 From corner E. Curato and Ibay St. to Alaan
St. to corner Alaan St. and Asis St. to
dumping area.
5:00 - 5: 28 From Elite along Atega St. To corner Atega
st. and Cabiltes st.
5:30 - 5:58 From corner Cabiltes St. and Atega St. to
corner Cabiltes and Funcion St.
6:00 - 7:00 From corner Funcion and F. C. Dagani St
along F.C. Dagani to corner F.C. Dagani and
Paduganan St. to Atega park to terminal,
Rara St. up to corner Rara and Cabiltes St.
7:00 - 7:30 From corner Rara and Cabiltes Sts. To
corner Cabiltes St. and N. Mortola along
Cabiltes to dumping area
7:30 - 10:00 Stand by market area, royal trading
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10:00 -evening Dumping area
Article 9. Repealing all existing ordinance on astray animals. (Ord. No. 4-1990)
SECTION 1. Declaration of policy conditions obtaining in the different

barangays are varied that provisions of a single ordinance on astray animals may be
applicable to one but unapplicable to others . It becomes imperative therefore to let the
barangay councils enact their own ordinances on astray animals as they know best what
are suited to their localities. This practice would give more autonomy to the barangay
governments.
SECTION 2. All existing ordinances on astray animals are hereby repealed.
Article 10. Comprehensive ordinance on waste management of the

municipality of Cabadbaran, Agusan del Norte. (ORDINANCE NO. 1999-09)
SECTION 1. TITLE OF ORDINANCE. This ordinance shall be known as

the Comprehensive Ordinance on Waste Management of the Municipality of
Cabadbaran, Agusan del Norte and shall be hereinafter referred to as the
Ordinance.
SECTION 2. COVERAGE - This Ordinance shall apply to all residential houses;

commercial establishments such as hotels, restaurants, cinema houses, public markets,
department stores, groceries, institutions like hospitals, schools, churches, public and
private offices; industrial establishments like factories, plants and other establishments
of any kind; and agricultural areas.
SECTION 3. AUTHORITY - This Ordinance is enacted to supplement the

provisions of existing laws and ordinances related to waste management.
SECTION 4. PURPOSE - This Ordinance is enacted for the following purpose:
a. To guide, control and regulate the generation, storage, collection,

transportation and disposal of wastes within the locality and promote
an orderly and sanitary system for the same.
b. To enhance the total environment of the locality through the necessary

control and mitigation of negative environmental impacts of waste.
c. To promote and protect the health, safety, peace and convenience and
general welfare of the inhabitants of the municipality.
d. To minimize generation of waste and maximize possible resource

recovery/recycling and utilization by:
maximizing the use of goods and consumption of foods;

allocating fair inputs in the production of goods, foods and
services;
encouraging the salvaging of possible recoverables from
wastes for re-use and/or recycling back to production process;
encouraging the recycling and resource recovery of wastes in
own backyard through composting and biogas production;
and
providing assistance and cooperation in the recycling of waste
in disposal sites.
SECTION 5. GOAL - The primary goal of this ordinance is to enhance

ecological balance of the community through sustainable and integrated waste
management.
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SECTION 6. OBJECTIVES - The objectives of this Ordinance are the

following:
a. To ensure round-the-clock cleanliness through orderly and waste

management.
b. To cease and desist from utilization of open garbage dumps which

serve as breeding places of insects causing disease, foul odors and
harmful fumes; emit greenhouse gases which contribute to global
warming and thinning of the ozone layer; generate leachate which
pollute soil and water resources; and creates unhealthy scavenging
activities in the vicinity.
c. To eradicate unsightly uncovered and overflowing waste containers in

streets, public places and open spaces;
d. To maximize and optimize sanitary resource recovery for feeds, fuel,

materials, energy etc: and
e. To minimize pollution arising from harmful gases, smoke, particulates

produced by needless burning/dumping; polluted runoffs into water
sources/supply and hazardous substances.
SECTION 7. DEFINITION OF TERMS: Technical Terms. The technical terms

used in this ordinance shall be defined as follows:
a. Biodegradable - any material than can be reduced into finer particles (degraded
or decomposed) by microbiological organisms or enzymes (synonymous with
compostable).
b. Biogas digester - are of two kinds; the poso-negro Taiwan type or the
aboveground portable Valderia model. Biogas is a mixture of methane, carbon
dioxide, and traces of inert gases produced by the fermentation of animal
manure organic waste in an airtight digester chamber.
c. Compost - decayed organic material for use as soil conditioner or fertilizer.
d. Composting - biological degradation under controlled conditions, the

process of making biodegradable such as food waste, garden waste, animal
waste human waste, into compost by mixing them with soil, water,
biological additives/activators (optional) and air.
e. Domestic waste - is the refuse from households, as distinguished from

industrial waste, agricultural waste, hospital waste, etc. which may be
classified as biodegradable (compostable) or non-biodegradable (non-
compostable).
f. Enzymes - a protein produced by cells, with substances to initiate or

accelerate chemical reactions in plants or animal matter, acting like an organic
catalyst.
g. Factory returnable - all non-biodegradable, non-compostable such as tin

cans/metals; bottles/glass including broken
pieces/plastic/styrofoam/rubber/dry paper/dry cardboard/dry cloth
/fibers/leather/feather/hard shells/hard bones, etc. which are segregated in
separate containers or places in one sack (cans, bottles, containers already
rinsed) and are sold/given away to collectors.
h. Feed materials - all food waste, peelings, veggie trims, fish entrails, fowl
innards, spoiled fruits, left-overs, egg shells, rice/fish/meat washings, etc.
that should be collected and kept in covered containers as
hog/chicken/duck/pets/fish feeds.
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i. Fermentables - fruit peelings, spoiled or over-ripe fruits, juices e.g. buko

juice, etc. are made into vinegar, wine or nata-de-coco, nata-de-pia, etc.
j. Fertilizer materials - all compostable or biodegradable such as garden waste,

(leaves, twigs, weeds), animal waste (manure, carcasses), human waste
(feces, urine, blood, all excreta, soiled wipes, pads, diapers (remove
plastic portions) etc., are made into compost for organic gardening.
k. Filling materials - if efforts are exerted to find, not only the maximum but
also the optimum use of waste, hardly any will be left as filling material.
Such materials may be compacted, mixed with rice chaff and binders and
use for appropriate construction projects.
l. Fine crafts - many of the non-biodegradable could be used as materials for

handicrafts, cottage industries, art works, toys and other livelihood projects
such as paper mache, paper basketry, tin craft, metal craft, plastic twine
or rope braids, feather crafts, wooden crafts, even lahar craft. Styrofoam
melted in small amount of gasoline solvent provides cheap glue of binder
for many of the projects.
m. Food material - include certain kinds of seeds, pulp, peelings, that are made
into pickles, sweets or candies, or snacks.
n. Functional facilities/equipment - useful equipment/facilities devised or created

from discards, throw aways, junks, scraps e.g. chairs, tables, doormats,
play equipment from rubber tires, roofing from milk cans, flower pots,
planters from plastic bags, sacks, containers, etc.
o. Green charcoal - another form of fuel or grass charcoal, manufactured from

compostable, organic, cellulotic material with the use of enzymes to break
down the lining or binding material, after which it is molded and, dried then
used in charcoal-fed stoves.
p. Hazardous waste - special types of waste containing the chemical, biological

and radiological elements which are harmful to human health.
q. Habitual Violator - refers to any person/s who have been found and/or
proven to have committed three (3) or more offenses of the provisions
of this Ordinance.
r. Incineration - the controlled process by which combustible wastes are burned

and changes into gasses and residues that contains little or no combustible
materials.
s. Landfill leach - the downward seeping of water through the landfill carrying
with it the dissolved water-soluble contents of the waste which may be
collected by the underground drainage of water system.
t. Putrescible - a substance that decomposes at a certain temperature in contact

with air and moisture; generally containing nitrogen.
u. Recycling - the reuse, retrieval, recommission of element/matter for any and

all purpose necessary to healthful and productive living; the process by which
wastes materials are transformed into new products in such a manner that the
original products may loss their identity.
v. Resource recovery - the extraction of materials or energy from wastes.
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w. Waste - this includes anything thrown away such as garbage, rubbish, trash,
litter, junk and refuse from any source (homes, business, farms, industries,
or institutions)
Bio-degradable-compostable-putrescible. There are four (4)

groups of waste under this category such as: (a) food
(cooking) waste/kitchen waste: peelings, leftovers, vegetable
trims, fish/fowl/meat/animal entrails/innards/ cleanings, soft-
shells, seeds, etc. (b) agricultural (garden) waste:
leaves/flowers, twigs, branches, stems, roots, trimmings,
weeds, seeds/inedible fruits, etc: (c) animal waste:
manure/urine, carcasses, etc: and (d) human waste: excreta,
soiled pads, sanitary napkins, etc.
Non-biodegradable-compostable-putrescible. There are ten (10)

groups of waste under this category: (a) metals: tin cans,
aluminum, iron, lead, copper, silver, etc: (b) glasses:
bottles, cullets (broken glass), sheets (shards), minors,
bulbs, etc., (c ) plastics: polyethylene (bags), polypropylene
(straws/jute sacks/containers, polyurethane (foam, mattresses)
polystyrene (styrofoam) polyvinyl (tubes, pipes linoleum),
polyacetate (fibers, cloth, rayon), etc: (d) rubber (natural and
synthetic): tires, goods, etc. (e) papers: dry papers,
cardboards, etc. (f) dry processed fibers: cloth, twine, etc.;
(g) dry leathers; skin feathers, etc.; (h) hard shells; (I)
bones; and (j) rocks.
x. Waste Management - the purposeful, systematic control of the generation,

storage, collection, transport, separation, processing, recycling, recovery
and final disposal of waste.
y. Sorting at source - the segregation or separation of waste at the point of

generation or at the very place where they are produced into biodegradable and
non-biodegradable.
z. Recycling of domestic waste - the full utilization of domestic waste into
factory-returnable (around 50-60%), feed (about 20%, fertilizer (about
30%) fuels, fine crafts, fermentable, etc. with little left for filling material.
(Proportions vary with the kind of community, the more affluent the more
factory returnable). This includes both man-devised and nature designed
recycling schemes.
aa. Zero waste resource management system - is an ecological method of handling

waste that does not degrade the environment nor pollute air, water and soil,
and facilitates their sanitary retrieval, reuse or recycling.
SECTION 8. WASTE GENERATION & STORAGE - Residential Areas:
a. Residents shall learn the two (2) kinds of waste: biodegradable or

compostable and non-biodegradable/non-compostable. These two
kinds of waste shall be stored and segregated at the site or place where
they are generated.
b. The concerned resident shall ensure that the generated solid waste
shall be properly separated in three (3) enclosed containers for
recoverable, left-overs/compostable and other. The leftovers or
kitchen refuse shall either be directly given to the animals as feeds or
stored temporarily for composting and/or biogas production.
c. Residents shall choose proper containers such as cans, sacks, bags, bins, etc.
that will facilitate sanitary, efficient handling, storage, collection transport or
disposal at least cost. Food waste shall be placed in covered cans or pails.
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Garden and animal waste in sacks, cans and bags; and the non-
compostable in sacks, bags or boxes.
d. Public thoroughfares and grounds in front or in the vicinity of residential

houses shall be kept clean and tidy by the owner/lessee of the house or
building at all times.
e. Trees, shrubs and other vegetation within the vicinity of residences shall be
regularly cared for and maintained to minimize generated wastes/yard wastes
and unpleasant sight.
SECTION 9. Commercial Areas (including markets/agoras):
a. The storage containers for segregated commercial wastes shall be

communal or individual with cover depending on its location for
collection and transport process.
b. The enclosed communal receptacle possibly on wheels shall be

located along the collection route where the generated wastes shall be
brought and stored by the stall lessee.
c. The lobby and fronting sidewalks/immediate grounds of commercial

establishments shall be maintained clean and presentable by the
owner/operator/lessee of the establishments (shops, stalls, stores,
restaurants, eateries, carenderias, barber shops, beauty parlors,
recreational and entertainment facilities like theaters, billiard halls, folk
houses, beer gardens, discos, cocktail lounges, dancing halls, cabarets,
bistros, etc.).
d. The fronting sidewalks and immediate areas of stalls/open spaces of

markets shall be kept clean and orderly by the lessee of said stall/space
at all times.
SECTION 10. Institutional/Industrial Areas:
a. The head of any institutional/industrial firm shall ensure the proper and
hygienic storage of generated and segregated wastes in
receptacles/containers which shall be situated along collection routes.
b. Hazardous wastes shall be stored safely in good, durable, and duly

covered receptacles which should be located in a secured and distant
site, prior to final collection/disposal.
c. The head of any institutional/industrial/firm/establishment shall ensure the

cleanliness and orderliness of its facilities, yards, and its fronting sidewalk
and street.
d. Hazardous waste (chemical, biological, and radioactive substances) shall be

stored, collected and transported, and disposed of in accordance with
applicable laws, guidelines, rules and regulations of the Environmental
Management Bureau (EMB-DENR). Department of Health (DOH), and
Philippine Nuclear Research and Institute (PNRI).
SECTION 11. Agricultural Areas (Including farms for livestock, poultry, etc.)
Homogenous agricultural wastes (rice straws, corncobs, leaves, animal

manure, etc.) shall be properly stockpiled/stored by the concerned farmer.
SECTION 12. Littering:
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a. No person shall litter or scatter waste in streets, highways, sidewalks

and other public areas (parks, playgrounds, rivers, etc.). Waste shall
include among others, the cigar/cigarette butts boxes/packages,
candy/bread wrappers, match sticks, disposable diapers, food packages,
etc.
b. Owner of PUJs, PUBs, Pedaled and Motorized Tricycles shall

provide covered waste receptacles on their vehicles in a place
convenient to the passengers in which wastes collected shall be
disposed of properly; in a right way and at the right place.
SECTION 13. Residential Areas
a. Segregated recyclable shall be properly stored before collection. These

recyclable shall be collected separately and brought to recycling
centers, eco-centers or junk dealers, where applicable.
b. Local waste managers shall be designated in every barangay who shall

oversee the collection of recyclable and shall be responsible in
coordinating with accredited dealers or manufacturers of recycled
products.
c. Food and kitchen refuse shall be collected as fodder or feeds for

animals. Those portions that are not suitable as fodder shall be
composed. Each household shall have a compost pit for such purpose,
if applicable.
d. Residents shall avoid open burning and dumping and adopt recycling,
practicing the Fs scheme (feed, fermentable, food and fuel). Fuel
materials from households waste consists of two kinds: (a) firewood
material - consist of twigs, branches, leaves, husks, shells, cobs,
chaff, saw dust, wood shavings, soiled paper, bagasse, stalks, etc.:
and (b) flammable gas - produced by anaerobic decomposition of all
biomass or biodegradable materials in biogas digester.
SECTION 14. Commercial Areas
a. Segregation of wastes from commercial areas (shopping malls,

restaurants, commercial complexes, recreational centers, etc.) shall
be mandatory before issuance of or renewal of business permits.
b. Markets/agoras shall adopt a segregation scheme that will facilitate the

segregation of recyclable, food/vegetable waste, non-recyclable, etc.
c. Food wastes from commercial centers (e.g. food centers, restaurants,

canteens, etc.) shall be collected as fodder/animal feeds and shall not
be disposed to sewers.
SECTION 15. Industrial/Institutional
a. In industrial establishments, segregation of biodegradable/

compostable and non-biodegradable/non-compostable wastes shall be
performed to avoid foul odors and proliferation of flies.
b. Schools (both private and public) shall adopt appropriate resource

recovery and recycling strategies.
c. Hazardous waste shall be incinerated only after getting proper

assistance/guidance from concerned agencies.
SECTION 16. Agricultural Areas (Including farms for livestocks, poultry, etc.)
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a. Agricultural wastes ( e.g. Rice straws, corncobs, etc.) shall not be

burned but shall be stockpiled in a proper location and be composted.
Animal manure can also be composted or used for biogas
production.
SECTION 17. COLLECTION & TRANSPORTATION OF WASTE - Residential

Areas:
The concerned resident shall:
a. ensure that the waste is brought out in front of his gate/door and/or
along the collection route of the collection vehicle/cart, during the
collection period.
b. report to the Office of the Municipal Health Officer or concerned

official for any uncollected waste within the vicinity of his/her
residence.
c. Garbage not segregated and place in approved containers by the local

government shall not be collected and shall be treated as disposed of
in violation of the anti-littering provision of this ordinance and shall be
penalized accordingly.
d. The specific date and hour of garbage collection in particular location

shall be scheduled and announced for strict compliance by all
concerned.
SECTION 18. Commercial Areas:
The owner/operator/lessee of any enterprise shall:
a. be responsible for the timely positioning of stored wastes during

collection period which shall be made known in advance by the proper
authorities which shall likewise assist wherever necessary in the sanitary
means of loading wastes for collection purposes.
b. remind the Environmental Sanitation Unit of the Office of the Municipal

Health Officer in the collection of uncollected wastes and other related
matters.
SECTION 19. Institutional/Industrial Areas:
a. The head of any institutional/industrial establishment shall assist the

Municipal Government in the orderly and sanitary way of collecting
and transporting its waste.
b. The collection and transportation of any hazardous wastes (if

necessary) shall be duly coordinated with the government agencies
concerned with such type of waste.
SECTION 20. DISPOSAL OF WASTES - Residential, Commercial and

Institutional Wastes:
a. Incineration or open burning of waste shall be prohibited. Residuals

of solid wastes after resource recovery, recycling and composting
shall be disposed of by sanitary landfilling, if applicable.
b. Hospital wastes, especially infectious wastes shall be incinerated in

approved incinerator facilities and the ash residues be disposed in
separate compartments in the sanitary landfills, if applicable.
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c. Illegal dumping of solid waste along streets, alleys, riverbanks, and

in any public places shall be strictly prohibited.
SECTION 21. Industrial Wastes:
a. Hazardous waste shall be incinerated only after getting the proper

assistance/guidance from concerned government agencies.
b. Other hazardous waste shall be disposed in accordance with the laws,

rules, regulations and guidelines of the concerned national agencies
like Environmental Management Bureau (EMB-DENR),
Department of Health (DOH) and Philippine Nuclear Research
and Institute (PNRI).
SECTION 22. USER FEES FOR SOLID WASTE MANAGEMENT SERVICES:

a). Commercial and industrial establishment shall be charged an annual garbage fee
based on Sec. 38 Art. 1 of the 1997 Mun. Tax Ordinance to supplement other
sources of revenues for the operations and maintenance of the Solid Waste Management
System of the Municipality.
b). Drivers/operators of Tricycles, Motorized Trisikads and Trisikads shall be
exempted from paying annual garbage fees.
SECTION 23. VIOLATION AND PENALTY: Any individual, person or

persons who violates any of the provisions of this Ordinance shall upon conviction, be
punished by a fine of not less than P 500.00 or not more than P 1,000.00 or by
imprisonment of not less than (3) days or more than ( 3 ) mos. or both at the discretion
of the court, without prejudice to the imposition of a higher penalty under any other law
or decree such as indicated in the second paragraph of Section 2 of PD 825 (Anti-littering
which states If violator is a corporation, firm or other corporate entities, the maximum
penalty shall be imposed upon the president, manager, director of persons responsible
for its operations.
For habitual violator, who are willfully violating any provision in this ordinance
shall upon conviction be punished by a fine of not less than P 1,000.00 or not
more than P 2,500.00 or by imprisonment of not less than (7) days nor more than (6)
months or both at the discretion of the court.
SECTION 24. For the effective implementation of this Ordinance, a General

Services Section in the Office of the Municipal Mayor is hereby created to take charge of
waste management and other related functions.
CHAPTER 4
TRADE AND BUSINESS ESTABLISHMENTS
Article 1. Regulating the establishment of lumberyard and for other purposes.

(Ord. No. 04-1994)
SECTION 1. It shall be unlawful for any person or persons, firms or

companies to establish or put up a lumberyard within the Poblacion of this municipality.
Henceforth, all lumber yards be established or put up in the outskirts of the Poblacion
provided that those already established within the Poblacion shall be given a grace period
of six (6) months to one (1) year within which to be transferred to the outskirts.
SECTION 2. A fine of ONE THOUSAND FIVE HUNDRED PESOS

(P1,500.00) or imprisonment of one (1) month or both fine and imprisonment at the
discretion of the court shall be imposed on any person or persons, firms or companies who
will be caught violating the provision of section 1 hereof.
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Article 2. Regulating the operation of machine and wielding shops within the
Municipality of Cabadbaran, Agusan del Norte. (Ord. No. 6-1997)
SECTION 1. The operation of machine shops and welding shops within the
municipality of Cabadbaran, Agusan del Norte is hereby regulated as to its working hours
from 6:00 A.M. up to 10:00 P.M. only;
SECTION 2. Any welding shop and machine shop owner and operator found
violating the provision of section 1 of this ordinance shall suffer the following penalties,
to wit:
1st offense - stern warning
2nd offense - P500.00
rd
3 offense - P1,000.00 or revocation of license to operate
Article 3. Requiring the registration of laborers or employees of private firms and

companies, including transient residents, with the office of the chief of police and to
secure therefrom certificates of good conduct and other purposes. (Ord. No. 4-1966)
SECTION 1. It shall be the duty of private firms or companies operating in the

municipality to have all their laborers and employees registered with the office of the
chief of police not later than forty eight (48) hours after employment.
SECTION 2. It shall likewise be incumbent upon all house owners to report and
register with the office of the chief of police any or all individuals coming from outside
the municipality and living with them for a period of time, including house maids and
boys, not later than forty eight (48) hours after arrival.
SECTION 3. Violation of any provisions of this ordinance shall be subject to a

fine of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) or imprisonment of one
month, or both fine and imprisonment in the discretion of the court.
Article 4. Implementing the price tagging law, otherwise known as Republic Act No.
71 and for other purposes. (Ord. No. 5-1968)
SECTION 1. All business establishments, sari-sari, general merchandise, retail

or wholesale, etc. shall be required to provide or label every kind or class of commercial
articles or goods displayed for sale in such respective business establishments. The price
tag or label shall indicate the name of the commercial article or good, the lettering of the
price tag shall be visible even at a distance of three (3) meters. In case of small article,
such as spare parts and other minute commercial goods, the price shall be listed on
cardboard or a paper and posted on the showcase or hanged on the container of said
articles.
SECTION 2. Any business firm or establishment found violating the provision

of Section 1 hereof shall be penalized with a fine of ONE THOUSAND FIVE
HUNDRED PESOS (P1,500.00) or imprisonment of ONE (1) month, or both fine and
imprisonment at the discretion of the court.
Article 5. Regulating the sale of chicken barbecue, banana cue and other similar
foods within the municipality of Cabadbaran, Agusan del Norte and other purposes.
(Ord. No. 1-1979)
SECTION 1. The sharpened bamboo sticks of barbecue and other similar foods
shall be cut before roasting and the barbecues and other foods shall be wrapped in a
cellophane or paper bag (bolsita) before selling for public consumption.
SECTION 2. Vendors while preparing or roasting barbecue are required to

wear cap and apron in white color and shall observe sanitary rules and regulations.
SECTION 3. The stalls of chicken, pork, banana and meat barbecue vendors
shall be painted with glass sidings.
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SECTION 4. Barbecue vendors as defined in this ordinance are vendors

engaged in the selling of chicken, pork, meat and banana cue and all other similar foods.
Section 5. Violation of any section of this ordinance shall mean a fine of two hundred
pesos (P200.00) or an imprisonment of 15 days or both fine and imprisonment at the
discretion of the court.
SECTION 6. Any ordinance, rules and regulations inconsistent with any

provisions of this ordinance is hereby repealed.
Article 6. Regulating the business of buying and selling of whole coconuts, husked or
unhusked, in the municipality of Cabadbaran, Agusan del Norte and for other
SECTION 1. No person or persons, natural or juridical, shall be allowed to sell

coconuts, husked or unhusked, without first securing a certification from the barangay
captain or his duly authorized representative, that the seller is the true owner or has a just
title over the coconuts being sold.
The seller should secure the certification being required under this section from the
barangay captain of the barangay which is the source of coconuts.
SECTION 2. No tenants of coconut lands shall be allowed to sell coconuts, husked

or unhusked, except upon written consent of the landowner to be attested by the barangay
captain or his duly authorized representative where the land is situated.
SECTION 3. No minors, less than 18 years old, shall be allowed to sell coconuts,
husked or unhusked, except upon written consent of parents or guardians in addition to the
requirements on certifications as set forth in section 1 and 2 of this ordinance.
SECTION 4. No person or persons, natural or juridical, shall be allowed to buy

coconuts, husked or unhusked, without first securing a business permit for the purpose.
SECTION 5. In addition to the business permit required in section 4 hereof, buyers

of coconuts, husked or unhusked, must register their business with the office of the
barangay captain where they have business operation.
SECTION 6. Licensed or authorized buyers of coconuts, husked or unhusked,

shall keep a record which shall contain the names of the seller; volume and nature of
coconuts purchased; date of transactions; and the corresponding certifications provided for
in sections 1,2 and 3 of this ordinance.
SECTION 7. This ordinance shall apply to the following barangays, to wit:
Barangay Antonio Luna

Barangay Bayabas
Barangay Bay-ang
Barangay Caasinan
Barangay cabinet
Barangay Calamba
Barangay Calibunan
Barangay Comagascas
Barangay del Pilar
Barangay Katugasan
Barangay Kauswagan
Barangay Concepcion
Barangay La Union
Barangay Mabini
Barangay Mahaba
Barangay Puting Bato
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Barangay Sanghan
Barangay Soriano
Barangay Tolosa
SECTION 8. Persons found violating any provision of this ordinance shall be

penalized with a fine of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) or
imprisonment of 3 months or both fine and imprisonment upon the discretion of the court,
in addition to any administrative sanctions that may be applied in accordance with the
existing ordinances.
In case of minors, they shall be dealt with in accordance with the provisions of P. D. 603
otherwise known as the child and youth welfare code.
In case of juridical persons, the penalty shall be imposed upon the president/manager of
the said juridical entity.
Article 7. Prohibiting the selling of kerosene/gasoline and diesoline without proper

permit from the Energy Regulatory Board. (Ord. No. 01-1991)
SECTION 1. No person or persons, natural and juridical, shall sell and/or retail
kerosene, gasoline and diesoline without proper permit from the energy regulatory board;
SECTION 2. Any person or persons, and managers, in case of partnerships or

corporations, who shall violate the provisions of section 1 hereof, shall be penalized with
a fine of not less than P1,000.00 for the first offense; P2,000.00 for the second offense or
imprisonment of not more than six months; or both fine and imprisonment upon the
Article 8. Requiring the establishments of gasoline stations/dealers and LPG dealers

to post price signboards within their respective establishments.(Ord. No. 3-1997)
SECTION 1. Establishment of gasoline stations/dealers and LPG dealers are

required to post price signboards which are sold in their respective establishment.
SECTION 2. The measurement of the price signboards shall be enough to be read

by motorists and other consumers stating among others the prices of petroleum products
sold.
SECTION 3. Any person or persons, natural or juridical found violating this

ordinance shall be penalized, as follows:
First offense - stern warning

Second offense - a fine of P500.00
Third offense - a fine of P1,000.00 and revocation of permit to
operate
In case the offender is a corporation, partnership, association or other juridical entity, the
penalty shall be imposed on the officer or officers of the said corporation, partnership,
association or a juridical entity who causes the violation.
Article 9. Prohibiting the selling and displaying of any commodity, merchandise and
foodstuff along sidewalks of the streets in the Poblacion. (Ord. No. 11-1993)
SECTION 1. The sale or display of any commodity, merchandise or foodstuff

along the sidewalks of the streets in the Poblacion by any person is prohibited.
SECTION 2. Any person or persons, and managers, in case of partnerships or

corporations, who shall violate the provisions of section 1 hereof, shall be penalized with
a fine of not less than P1,000.00 for the first offense; P2,000.00 for the second offense or
imprisonment of not more than six months; or both fine and imprisonment upon the
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Article 10. Prohibiting the employment of children below fifteen (15) years of age in
public and private undertakings. (Ord. No. 6-1996)
SECTION 1. Prohibition - children below 15 years of age shall not be employed,

permitted or suffered to work, in any public or private establishments in the municipality
of Cabadbaran, Agusan del Norte.
SECTION 2. Exceptions and conditions - the following shall be the only

exceptions to the prohibition on the employment of children below 15 years of age and the
conditions for availment of said exceptions.
a. when the child works directly under the sole responsibility f his/her parents or
legal guardian who employs members of his/her family only, under the
following conditions.
1.the employment does not impair the child's life, safety, health and
morals;
2. .the employment does not impair the child's normal development;
3. the employer parent or legal guardian provides the child with the
primary and/or secondary education prescribed by the Department of
Education;
SECTION 3. DEFINITION OF TERMS -
b. Employer - any parent, legal guardian or producer acting as employer who

hires or engages the services of any child below 15 years of age;
c. Legal guardian - any person duly appointed by a court of competent authority
to exercise care and custody of or parental authority over the person of such
child/employee;
d. Producer - any individual or group of individuals engaged in the production of
movies, films, motion pictures, shows or advertisements, whether on cinema,
theater, radio or television, wherein the services of such child/employee are
hired;
e. Members of the family - those persons having family relations referred to
under article 150 of the family code of the Philippines. It shall include the
employer parent's or legal guardian's husband or wife, parents, children, other
ascendants or descendants, brothers and sisters whether of full or half blood.
f. Department - the department of labor and employment.
SECTION 4. Duty of the employer to submit report - all employers of children

below 15 years of age shall submit to the MSWD office a report of all children employed
by them containing the following documents:
a) A register of all children employed, indicating the dates of their birth;

b) Written consent to their employment given by their parents or guardians;
c) Medical certificate showing that the child is fit for employment;
d) Written undertaking that measures shall be instituted by the employer to
prevent the child's exploitation and discrimination such as payment of
minimum wage, hours of work and other terms and conditions required by law.
SECTION 5. Liability of parents - criminal liability shall attach to any parent who
improperly exploits the child by using him, directly or indirectly, for monetary purposes
and other acts, which are inimical to his interest and welfare.
SECTION 6. Penalty - any person who shall violate any provision of this
ordinance shall be punished with imprisonment from two to six months or a fine not
exceeding two thousand pesos, or both, at the discretion of the court, unless higher penalty
is provided for in the revised penal code or in the IRR of RA 7658.
Article 11. Requiring all drugstores, restaurants, cinemas and other establishments
within the Municipality of Cabadbaran, Agusan del Norte, which are covered by R.
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A. No. 7277 to place/display poster/signs in conspicuous places within their

individual establishments to the effect that the 20% discount for qualified Senior
Citizens, disabled persons is complied with pursuant to said act. (Ord. No. 1-1997)
SECTION 1. All drugstores, restaurants, cinemas and other establishments within
the municipality of Cabadbaran, Agusan del Norte, which are covered by Republic Act
7277, otherwise known as the Magna Carta for Disabled Persons, are hereby required to
post and display conspicuously within their respective establishments posters/signs
informing the public that senior citizens and disabled persons can avail of a 20% discount
for all products sold and/or services rendered.
SECTION 2. Penalty - Any person or persons, and managers, in case of

partnerships or corporations, who shall violate the provisions of section 1 hereof, shall be
punished with imprisonment from two to six months or a fine not exceeding two thousand
pesos, or both, at the discretion of the court, unless a higher penalty is provided for in the
IRR of RA 7277.
Article 12. Requiring all stores and food service establishments within the
municipality to sell and use only iodized salt. (Ord. No. 6-1997)
SECTION 1. All stores and food service establishments within the territorial
jurisdiction of Cabadbaran, Agusan del Norte are required to sell, use and make available
to consumers only iodized salt in their establishment.
SECTION 2. Definition of Terms - For purposes of this ordinance, the following

terms shall mean:
a. Iodized Salt - refers to food -grade salt that contains the prescribed
level of iodine.
b. Food service establishments - refer to hotels, restaurants, carenderias,
catering services, firms, hospitals and other related outlets, which serve
or sell food to consumers.
c. Stores - refer to department stores, shops, groceries, mini-marts, sari-
sari stores and other outlets which wholesale or retail goods for the
consumers and users.
SECTION 3. Iodized salt to be sold/used by the aforementioned establishments

shall conform with the standards formulated by the Bureau of Food and Drugs (BFAD) of
the Department of Health.
The Municipal Health Officer and the Sanitary Inspectors shall check and monitor
the quality of iodized salt being sold or served in such establishments.
SECTION 4. Iodized Salt shall be sold/used within a period of not more than 12
months from the date of manufacture, after which it shall be considered expired. Expired
iodized salt shall be replaced by or returned to the ;last seller or distributor in the
manufacturing-distribution chain.
SECTION 5. PENALTY- Violators of any provision of this ordinance shall be

punished by imprisonment not exceeding one (1) month or a fine not exceeding Two
Thousand Pesos (P2,000.00) or both such fine and imprisonment at the discretion of the
court.
Article 13. Regulating the conduct of Market Day (Tabo) in the Municipality of
Cabadbaran, Agusan del Norte. (Ord. No. 2000-03)
SECTION 1. Tabo or Market Day shall be held every Friday at 1:00 P.M.
to Saturday, 1:00 P.M. along the portion of Circumferential Road at A. Mortola
Avenue in between Cabiltes Extension and Ibay Street (Western side of the
National Highway).
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SECTION 2. The road mentioned in SECTION I shall be closed to

traffic during Tabo Day to give way to the display of goods at 1:00 P.M. on
Fridays and shall be open at 1:00 P.M. on Saturdays.
The Market Supervisor or his Authorized Representative is hereby mandated

to sectionalize the said road and make corresponding assignments to vendors.
SECTION 3. The Municipal Treasurer or his duly Authorized

Representative shall collect One Peso ( P 1.00) per square meter or a fraction
thereof per day from the Tabo vendors.
SECTION 4. Vendors before leaving are strictly required to clean their

respective occupied spaces; shall segregate biodegradable from non-biodegradable
waste materials and dispose them properly in places designated by the garbage
collectors.
SECTION 5. Persons found violating any of the provisions of this

ordinance shall be fined P 1,000.00.
SECTION 6. All Ordinances inconsistent with this ordinance are hereby

repealed.
SECTION 7. This Ordinance shall take effect immediately upon approval.
Article 14. Providing tax incentives for private entities that employ disabled persons
in their business establishments. (Ord. No. 2001-06)
SECTION 1. COVERAGE All private entities doing business within the

Municipality of Cabadbaran, Agusan del Norte that employ disabled persons who
meet required skills or qualifications, shall be entitled to a five percent (5%)
deduction from the annual Business Tax imposed by the LGU, for each disabled person.
SECTION 2. REQUIREMENTS FOR AVAILMENT OF INCENTIVES (a)

To avail of the tax incentive mentioned above, private entities must present the
following to the Municipal Treasurer:
i. Proof as certified by DOLE that disabled persons have actually been

employed;
ii. Certification from DOLE and DOH certifying to the disability, skill,
and qualification of the disabled person employed;
iii. Evidence of actual payment of salaries and wages to the employed
disabled person;
iv. Withholding Tax, if any.
(b) To safeguard against payroll padding and/or to deter businessmen from using
PWDs as mere instrument just for the availment of the tax incentive herein provided, the
Society of Handicapped Person in coordination with the MSWD Office, this
municipality, is hereby authorized to examine and inquire into the payroll and other
related documents relative to the salary being received by the employed PWD.
A certification attesting to the truth and veracity that the legal salary/wage
mandated by the Labor Code is being received by the employed PWD, shall be issued
immediately by the SHAPE as supporting document for the availment of the tax
incentive.
SECTION 4. PENALTY any person and/or corporation who violates any

provision of this ordinance shall be penalized with a fine of not less than One
Thousand Pesos ( P1,000.00 ) but not more than Two Thousand Pesos (P
2,000.00) or an imprisonment of not less than one (1) month but not more than six (6)
months, or both such fine and imprisonment at the discretion of the court.
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In case the violation is committed by a partnership, corporation, association, or

cooperative, the manager or president or Chief Executive Officer as the case may be,
shall suffer the penalty provided herein.
Article 15. Regulating the operation of funeral establishment or funeral parlor

within the municipality of Cabadbaran, Agusan del Norte and for other purposes.
(Ord. No. 17-1985)
SECTION 1. For the purpose of this ordinance, requirements prescribed herein

shall be applied and enforced to funeral chapel, embalming establishments and/or funeral
parlor;
SECTION 2. Sanitary permit - no funeral parlor or embalming establishments

shall operate without first securing a sanitary permit issued by the Department of Health
or his duly authorized representatives;
SECTION 3. Classification - funeral establishments or funerals parlor shall be

classified in three (3) categories, which shall be described as follows:
d. Category 1 - establishments with chapel and embalming facilities and
offering funeral service;
e. Category II - establishments with chapel and offering funeral service
but without embalming facilities;
f. Category III - establishments offering only funeral services from the
house of the deceased to the burial place.
SECTION 4. Subject to the requirements of existing laws, no person, cooperative,

corporation shall operate a funeral parlor or embalming establishment without applying a
mayor's permit;
SECTION 5. Sanitary requirements: for funeral chapels - the requirements

prescribed for places of public assembly in this ordinance shall be applied:
For embalming and dressing rooms:

1. They should be constructed of concrete or semi-concrete
with sufficient space to accommodate two (2) or three
(3) bodies at one time.
2. The floors and walls shall be made of concrete or other
durable impervious materials.
3. Ventilation and lighting shall be adequately provided.
4. Embalming shall be performed on a table made of a
single marble slab or other equally impervious materials.
It shall be so constructed that all washings and body
fluids shall flow to a drain connected to the waste piping
system of the building.
5. Embalmers and assistants shall use rubber gloves when
working.
6. Washing facilities with soaps detergents and germicidal
solutions shall be provided for use of the working
personnel.
SECTION 6. Licensing and registration of undertakers and embalmers are subject

to the following requirements:
a. Issuance of license to practice

i. Any person who desires to practice
undertaking or embalming shall be
licensed to practice only after passing an
examination conducted by the department
of health.
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ii. Licensed embalmers or undertakers shall

practice embalming or undertaking in
accordance with the requirements
prescribed by the department of health.
iii. Licensed embalmer or undertaker shall
display their license conspicuously in the
establishments where they work.
b. Issuance of certificate of registration-
i. An embalmer or undertaker shall apply
annually for a registration certificate to
the Department of Health Region 13.
ii. Certificate of registration shall be posted
conspicuously in the establishment
concerned.
SECTION 7. Definition - as used in this section, the following shall mean:
d. Funeral establishments or funeral parlor - any place used in the

preparation and care of the body of a deceased person for burial.
e. Embalming - preparing, disinfecting, and preserving a dead body for its
final disposal.
f. Embalmer - a person who practice embalming.
g. Undertaking - the care, transport and disposal of the body of the
deceased person by any means other than embalming.
h. Undertaker - a person who practice undertaking.
SECTION 8. No embalming shall be performed unless a death certificate or
postmortem certificate of death duly signed and certified by the government and private
physicians as the case maybe, shall be presented to the proprietor, owner, manager,
embalmer or undertaker of any embalming establishments or funeral parlor for
embalming.
SECTION 9. Newly established embalming establishments or funeral parlors must

undergo an inspection by the Cabadbaran chief district hospital as chairman, the municipal
health officer, vice chairman; the municipal engineer, PNP station commander and chief
fire department as members and shall issue a certificate that said establishment have
complied with sections 5 and 6 of this ordinance.
SECTION 10. Effective upon approval of this ordinance constructions of

embalming establishment or funeral parlor shall be constructed at the outskirts of the
Poblacion.
SECTION 11. Owners or operators found violating any provisions of this

ordinance apart from any administrative sanctions and fines under existing laws and
ordinance, shall upon conviction suffer the penalty of a fine of ONE THOUSAND
(P1,000.00) PESOS or an imprisonment of six ( 6) months, or both fine and imprisonment
at the discretion of the court for the first offense, for the second offense a fine of TWO
THOUSAND (P2,000.00) PESOS or imprisonment of six (6) months at the discretion of
the court and cancellation of business permit;
SECTION 12. Owners or operators employing unlicensed embalmer or undertaker

shall be fined ONE THOUSAND (P1,000.00) PESOS or an imprisonment of six (6)
months or both fine and imprisonment at the discretion of the court and FIVE HUNDRED
(P500.00) PESOS or an imprisonment of three (3) months , or both fine and imprisonment
at the discretion of the court for impostor (unlicensed) embalmers or undertaker;
CHAPTER 5
TRAFFIC AND TRANSPORTATION

Article 1. Prohibiting passenger vehicles from loading and unloading passengers
and/or cargoes and overtaking one another within the traffic limit in the Poblacion
of Cabadbaran, Agusan and for other purposes. (Ord. No. 42-1962)
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SECTION 1. Beginning at the junction of Roxas Street and the provincial road
from Butuan City and at the junction of Asis Street and the national highway from Surigao
to and from the terminal, there shall be no loading and unloading of passengers and/or
cargoes.
SECTION 2. Loading and unloading of passengers and/or cargoes shall be strictly
done only at the terminal.
SECTION 3. There shall be no overtaking of passenger vehicles within the traffic

limit.
SECTION 4. No passenger vehicles (AC, PUJ, PUB)are allowed to go around

the Poblacion to pick up or deliver passengers and/or to load or unload cargoes except for
refueling purposes only."
SECTION 5. Passenger vehicles may stop at gasoline stations for refilling

purposes but in no case shall they load and unload passengers and/or cargoes.
SECTION 6. For purposes of definition of the terms embraced in this ordinance,

the following shall prevail:
a. Traffic limit - the area covered from the junction of Roxas and the provincial
road and from the junction of Asis street and the national highway within the
Poblacion of Cabadbaran, Agusan.
b. Terminal - this means the parking lot opposite the public plaza (Rizal Park) for
buses and the parking lot opposite the public market for jeeps and/or jeepneys.
(the site of the terminal is already transferred)
Article 2. Prohibiting the practice among jeepney operators and /.or drivers from
plying their routes without actually passing through or parking in the municipal
terminal - a practice known locally as "barnate" or "terrorismo" (Ord. No. 1-1980)
SECTION 1. It shall be prohibited for any jeepney or bus operators/drivers to

engage in or practice what is commonly and locally called "barnate" or "terorismo" , a
common practice of soliciting passengers outside the terminal or parking anytime of the
day.
SECTION 2. Jeepney or bus operators/drivers who shall insist on the aforestated

practice shall be required to pay the corresponding terminal fee just as if he shall have
actually parked in the terminal.
SECTION 3. Jeepney or bus operators/drivers who shall be caught violating the

provisions of section 1 hereof for three consecutive times shall be subject to a fine of not
less than ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00).
Article 3. Regulating the parking of vehicles within the streets of the Poblacion of
Cabadbaran, Agusan del Norte and for other purposes. (Ord. No. 3-1969)
SECTION 1. Except for loading and unloading, no cargo and other vehicles for
hire shall be allowed to park in front of bodegas, rice and corn mills, movie houses and
other business establishments on any street within the perimeter of 300 meters from the
center of the market site of Cabadbaran, Agusan del Norte.
SECTION 2. Loading and unloading of cargoes within the perimeter of public

market especially on the streets Garame, A. Curato, Asis, and Atega Sts. shall be
limited to fifteen minutes only.
SECTION 3. No vehicle whether for hire or owner shall be allowed to park

overnight along any street in the Poblacion of Cabadbaran, Agusan del Norte.
SECTION 4. Any person caught violating the provisions of Sec. 1 and 2 of this
ordinance shall be fined ONE THOUSAND PESOS (P1,000.00) and an imprisonment of
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15 days and of Sec. 3, FIVE HUNDRED PESOS (P500.00) or its equivalent

Article 4. Regulating the traffic routes of freight trucks hauling sand and gravel and
logging trucks with trailers within the Poblacion of Cabadbaran, Agusan, and for
SECTION 1. Freight trucks hauling sand and gravel from the Cabadbaran river
bed which are dumped or hauled outside the Poblacion, Butuan bound, shall follow the
following traffic routes:
a. Freight trucks loaded with sand and gravel coming from the Cabadbaran steel
bridge shall take scouter F. Ojeda Avenue, thence to the national highway
going to Butuan.
b. Freight trucks loaded with sand and gravel coming from the extension of
Jamboy street shall follow the same street, thence turn left following E. Curato
street thence turn right taking Rara street up to A. Curato street, then turn left
going to scouter F. Ojeda until the national highway going to Butuan.
SECTION 2. Freight trucks mentioned in section1 hereof shall be allowed to enter
the Poblacion proper only for refueling and other business transactions, provided that the
same are not loaded with sand and gravel.
SECTION 3. This ordinance does not however impede freight trucks and
government dump trucks hauling sand and gravel and dumping same within the Poblacion
and in the barangays along the west coast, particularly Tolosa, Calibunan and La Union,
from following the regular traffic routes as prescribed within the Poblacion.
SECTION 4. Logging trucks with trailers, whether loaded or not, are strictly
prohibited from entering the Poblacion of Cabadbaran, Agusan.
Article 5. Regulating the operation of motor vehicles and for other purposes.
SECTION 1. This ordinance shall be known as the motor vehicles ordinance.
SECTION 2. This ordinance shall control all matters relative to the operation of
motor vehicles within the municipality of Cabadbaran .
SECTION 3. Definitions -
(a) Motor vehicles include all vehicles using the public highway or thoroughfares
if propelled by any power other than muscular power but excepting road
rollers, trolley cars, streetsweepers, sprinklers, loan mowers, bulldozers,
graders, and forklifts and cranes if not used on any public highway and those
which run only on rails or tracks and all others which are used exclusively for
agricultural purposes.
(b) Chauffeur includes anybody who operates or drives any motor vehicle.
SECTION 4. No person shall operate or drive a motor vehicle within the

jurisdiction of this municipality without obtaining a license for the current year. This
license or its duplicate should always be carried by the chauffeur especially when
operating or driving a motor vehicle.
SECTION 5. Private motor vehicle - any motor vehicle registered as private shall
not be used for hire under any circumstances and shall not solicit or accept passengers or
freight. Laborers necessary to handle cargoes on board the private truck are allowed to
ride thereon provided, however, that seats shall not be installed in the rear compartment
thereof and provided further that these laborers will not exceed ten in number and
provided furthermore that the combined weight of cargoes and passengers do not exceed
the registered net capacity of the truck.
SECTION 6. It shall be prohibited for any person below 18 years of age to drive
any motor vehicle.
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SECTION 7. It shall be prohibited for any operator or chauffeur of a motor vehicle

to allow more passengers or cargoes in his motor vehicle than the registered carrying
capacity.
SECTION 8. In no case shall any operator or chauffeur of motor vehicles allow
passengers or freights atop the hood or cover of the engine or on top of the vehicle.
SECTION 9. No operator or chauffeur shall permit any person to ride on the

running board, step board, or mud guards of the vehicle.
SECTION 10. Every motor vehicle operating within the municipality of

Cabadbaran shall be provided with good brakes and horns or any signaling device which
are not disagreeable to hearing.
SECTION 11. Every motor vehicle shall be provided with head and taillights.
a. Every motor vehicle of more than one meter of projected width while in use on
any public thoroughfare , whether in motion or not, shall bear two lamps one
on each side visible from the front which shall be lighted not later than one-
half hour after sunset and until at least one-half hour before sunrise.
b. Headlight of motor vehicles shall be so arranged and adjusted, except as
otherwise provided herein, that they will provide a sufficient driving light, but
shall not project a glaring or dazzling light to persons in front. Operators or
drivers of motor vehicles equipped with devices for varying the intensity of
light may dim the headlights or tilt the beam downward, or substitute therefor
the light from one of the pair of non-rated light, on nay street within the limit
of the municipality of Cabadbaran or whenever such vehicle meet another
motor vehicle on any public thoroughfare.
c. Every motor vehicle shall have, during the hours aforesaid, bear in the rear of
the vehicle a light which would throw the beam upon the plate issued for such
vehicle.
d. Every motor vehicle of less than one meter projected width shall be subject to
the provision of the preceding paragraph except that only one headlight and
taillight shall be required therefrom.
e. The windshield of any motor vehicle shall be equipped with a device for
cleaning or washing away rain or other moisture and dirt that may obstruct the
view of the driver.
f. Whenever the load on any vehicle extends more than one and a half meters
beyond the rear of the body thereof, a red flag shall be displayed at the end of
such load.
g. No chauffeur shall be allowed to let unlicensed persons to drive or control the
vehicle or let anybody sitting beside him to interfere in the operation of the
said vehicle.
h. Vehicles when parked on well-lighted streets or entirely off the surfaced
portion of the highway may not observe the provisions of paragraphs (a) and
(b).
SECTION 12. No person shall maliciously puncture or cut or injure the tires or
purposely damage, disconnect or take away any part of the vehicle without the knowledge
and consent of the operator or driver thereof. Likewise, no person shall knowingly or
purposely drop, scatter or throw or cause to be dropped, scattered or thrown upon the
highway or any public thoroughfare tacks, nails, wire, scrap metal, glass crockery or
anything that may injure the feet of any person or animal and the tires of vehicles.
SECTION 13. Every motor vehicle, including motor cycles and bicycles with
motor attachment, shall be equipped with a muffler. No disagreeable odor, smoke or
noise shall be given off, emitted by any motor vehicle when passing any street or road
within the municipality of Cabadbaran.
SECTION 14. Except as otherwise provided, the speed of motor vehicles shall be
limited to the following rates:
on the highway with no blind corners, for cars and motorcycles seventy (70)
kilometers per hour and for trucks (50) kilometers.
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When approaching intersections at blind corners, passing school zones, passing

other stationary vehicles or for similar dangerous circumstances, twenty (20)
kilometers per hour for trucks and buses.
SECTION 15. No person shall operate or drive motor vehicles when under the
influence of liquor.
SECTION 16. Licensed driver acting as instructors to persons with student permits
shall be held liable for any violation of the provisions of this ordinance.
SECTION 21. Penal Provisions:

a. For violation of section 4 hereof, a fine of FIVE HUNDRED PESOS
(P500.00) and an imprisonment of two (2) months shall be imposed.
b. For violation of Section 5, a fine of FIVE HUNDRED PESOS (P500.00) and
suspension of driver's license for three months for the fist conviction; and a
fine of ONE THOUSAND PESOS (P1,000.00) and ONE (1) month
imprisonment for the second conviction and for the third, imprisonment of
TWO (2) months and permanent revocation of the driver's license shall be
imposed.
c. For violation of section 7, a fine of FIVE HUNDRED PESOS (P500.00) and
imprisonment of one month shall be imposed.
d. For violation of section 15, a fine of ONE THOUSAND PESOS (P1,000.00)
and imprisonment of two months shall be imposed.
e. For violation of section 17, a fine of ONE THOUSAND FIVE HUNDRED
PESOS (P1,500.00) and imprisonment of three months.
f. For violation of all other provisions of this ordinance not herein specifically
prescribed, a fine of not less than FIVE HUNDRED PESOS (P500.00) nor
more than ONE THOUSAND PESOS (P1,000.00) shall be imposed; provided
that persons found guilty of violating Section 14 hereof shall pay a fine of
ONE THOUSAND PESOS (P1,000.00) and imprisonment of THIRTY (30)
DAYS.
Article 6. Requiring the use of muffler or silencer on all motor vehicles and for other
purposes. (ord. No. 5-1973)
SECTION 1. Owners, proprietors or operators of any motor vehicle operating

within the jurisdiction of the municipality of Cabadbaran, Agusan del Norte are required
to use or apply a muffler or silencer on their vehicles in order to abate nuisance produced
therefrom.
SECTION 2. Owners, proprietors or operators of any motor vehicle found

violating section 1 of this ordinance shall be penalized with a fine of ONE THOUSAND
PESOS (P1,000.00) or imprisonment of ONE (1) MONTH or both fine and imprisonment
at the discretion of the court.
SECTION 3. Motor vehicle as used in this ordinance includes all kinds of cars,
trucks, jeeps, motorcycles of any make and all other vehicles which are motor operated.
Article 7. Regulating the operation of private terminal and parking areas for
passengers and for other purposes. (Ord. No. 47-1962)
SECTION 1. No persons, natural or juridical, engaged in the land transportation

business, trucking and all other truck hauling business shall be allowed to operate such
private terminal and parking area without first securing a permit from the office of the
mayor, and no permit shall be issued without complying with the following:
a. Submit a plan showing the location, the area

which must not be less than one-fourth (1/4) of a
hectare, sanitary facilities like toilets for male
and female with a washing sink (lababo) and a
concrete drainage.
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b. Provide rest house, drinking facilities and fire

fighting apparatus.
SECTION 2. No such permit to construct and operate private terminal and parking
area without the favorable recommendation of the municipal health officer, the chief of
police, the chief, fire department and the chairman, of the committee on town planning &
beautification.
SECTION 3. A permit fee of FIFTY PESOS (P50.00) and a license fee of

THREE THOUSAND PESOS (P3,000.00) shall be paid annually to the municipal
treasurer or his duly authorized representative. In case of failure to pay the permit and
license fee on the 20th day of January of each year, a surcharge of twenty (20) per centum
shall be charged.
SECTION 4. The persons mentioned in section 2, hereof, is hereby created into a

committee and empowered to promulgate rules and regulations for the implementation of
this ordinance and is hereby required to submit said rules and regulations to the municipal
council for its approval.
SECTION 5. The parking area or private terminal shall only accommodate units or
vehicles belonging to said operator.
SECTION 6. Violation of any section of this ordinance shall be fined to ONE

THOUSAND FIVE HUNDRED PESOS (P1,500.00) and imprisonment of ONE month,
or both, at the discretion of the court.
Article 8. Prohibiting the riding of easy-riders (bicycles) in any of the busy streets in
the Poblacion of Cabadbaran, Agusan del Norte for joy and practice riding and for
other purposes. . (Ord. No. 4-1979)
SECTION 1. It shall be prohibited for any person regardless of age, to use the
following streets in the Poblacion of Cabadbaran, Agusan del Norte for joy and practice
riding on easy-riders (bicycles) to wit:
1. Magsaysay Avenue 7. Asis Street

2. Garame Street 8. E. Curato Street
3. Atega Street 9. L. Dagani Street
4. A. Curato Street 10. Osmea Street
5. Funcion Street 11. Roxas Street
6. Cabiltes Street 12. Rara Street
SECTION 2. Joy and practice riding may be allowed in other streets not
mentioned in section 1 hereof and in NMSAT playground.
SECTION 3. The prohibition in section 1 hereof does not apply to person or

persons who use bicycles or easy riders in connection with his employment such as,
messengers or janitors of the national, provincial or municipal offices or private
companies or enterprises or any private business; or to students/pupils who attend classes
on bicycles or easy-riders; or anybody in an errand.
SECTION 4. Owners of easy riders which are not for hire when used for joy
riding shall likewise comply with the provision of section 1 of this ordinance.
SECTION 5. Easy-riders which are not for hire must be properly tagged for
identification purposes, such as, (a) FOR FAMILY SERVICE or (b) NOT FOR HIRE.
SECTION 6. Owners of easy riders for hire shall (a) number their vehicles
consecutively; the same to be placed on the "manobila" of the vehicle, (b) place the tag
FOR HIRE; and (c) place their names on the tag.
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SECTION 7. Practice riding is hereby defined as the act of any person learning
to ride a bicycle or easy rider.
SECTION 8. Joy riding is defined as the act of any person who enjoy-riding
for relaxation and for pleasure.
SECTION 9. Violation of section 1 of this ordinance shall mean a fine of FIVE

HUNDRED PESOS (P500.00), or an imprisonment of one (1) month or both fine and
Article 9. Prohibiting bicycle riders to ride within the Poblacion during nighttime
without light and providing penalty thereof and for other purposes. (Ord. No. 9-1982)
SECTION 1. It shall be prohibited for any person or persons to ride on a

bicycle or tricycle during nighttime without sufficient light to allow himself to be
recognized by approaching pedestrians. They are required to use six (6) volt batteries
and/or dynamo or flashlight.
SECTION 2. A fine of ONE HUNDRED PESOS (P100.00) shall be imposed

to bicycle riders caught violating section 1 of this ordinance.
SECTION 3. Fines shall be paid by the operators or owners.
SECTION 4. Bicycles caught violating this ordinance shall impounded at the

police station and shall be released only upon payment of fines.
Article 10. Regulating the operation of tricycles within the municipality of

Cabadbaran, Agusan del Norte creating the position of an action officer and one
clerk and granting said action officer specific functions to optimize tricycle transport
service, and for other purposes.(Ord. No. 05-1988)
SECTION 1. It is hereby declared that the control and regulation of the

operation of tricycle are the concern of the municipal government it being an undisputed
fact that the tricycle plays an important role in the existing public transport hierarchy in
the municipality.
SECTION 2. Subject to the requirements of existing laws, no person shall

maintain or operate any tricycle for hire or for any mode of transport without first
obtaining a special permit; a provisional authority or franchise therefore as herein
provided;
SECTION 3. A special permit, provisional authority or franchise shall, without

prejudice to existing laws and /or rules and regulations governing motor vehicles , be
granted only upon proper application and approval thereof.
SECTION 4. Aliens are disqualified from applying and operating a for hire
tricycle;
SECTION 5. In order to effectively implement the provisions of this ordinance,

there is hereby created the position of Action Officer for motorized tricycle operation and
one clerk under the office of the municipal mayor whose salary rate shall be based on the
approved standard organizational structures and staffing pattern manual for local
government. Said Action Officer shall be appointed by the Municipal Mayor upon
recommendation by the Sangguniang Bayan and he shall at all times be under the direct
control and supervision of the Municipal Mayor;
SECTION 6. The appropriation for the above - mentioned position shall be

included in the general fund budget under the Office of the Municipal Mayor.
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SECTION 7. For willful, deliberate and unjustified non-compliance of his duties

and functions, the action officer shall be subject to disciplinary action. He may be
suspended or removed from his position by the municipal mayor after due investigation.
SECTION 9. For convenience of the public and in the interest of peace, good order
and safety, the issuance of mayor's permit, business license, special permit, provisional
authority or franchise shall, subject to existing laws, be limited to the existing number of
motorized tricycles which are now presently operating as for hire within the municipality
and duly registered with the Land Transportation Office as MCH or MC; Acquisition of
new one after the approval of this ordinance shall not be issued any special permit,
provisional authority or franchise, except upon recommendation by the Action Officer.
The Municipal Mayor may in the interest of the public welfare, allow the operation
thereof.
SECTION 10. Upon approval of this ordinance, the action officer shall
immediately conduct an inventory of all existing tricycles, private or for hire, and make a
complete listing thereof. He shall classify (a) those operating with Land Transportation
Commission authority and (b) those operating without Land Transportation Commissions
authority. After determining actual number of all kinds of tricycle operating, he must
immediately inform in writing the municipal mayor of such number, together with the
evaluation on the supply and demand on their respective routes, as regards to tricycle for
hire.
SECTION 11. All owners or operators of tricycles without land transportation

office authority must file their application for special permit to operate within sixty (60)
days from the affectivity of this ordinance. The action officer shall, after compliance by
the owner or operator of the requirements in section 5 of this ordinance, immediately
recommend the issuance of a special permit to operate, or withdrawal, cancellation or
revocation, should the applicant fail to apply for a provisional authority or franchise as
herein provided. The special permit issued by the municipal mayor shall enable the owner
or operator to register the unit(s) as a public utility with the land transportation office and
such registration shall be considered a pre-requisite before the operator actually operates.
In case of an increase of the number of tricycle as provided for in section 9 hereof, the
new applicant shall likewise be issued a special permit in accordance with this section.
SECTION 12. A provisional authority or franchise shall be granted only upon

payment of the fees provided in the Municipal Tax Code.
Application shall contain the following facts:
a. Date of application
b. Name of applicant
c. Complete address
d. Number of units applied for
e. Proof that applicant has been previously granted a special permit pursuant to
section 10 hereof
f. A certification from the municipal engineer, upon payment of the required fee
of P5.00 that the unit or units has complied with section 17 of this ordinance.
g. Proof of compliance with such rules and regulation that may be adopted in
accordance with section 22 hereof.
Pursuant to the memorandum from Land Transportation Office, seventy five (75%) per
cent of the filing fee shall accrue to the municipal government and twenty five (25%) per
cent shall accrue to the LTO. All other fees shall be credited to the LTO.
SECTION 13 - The funds collected under this ordinance shall accrue to the general
fund of the municipality.
SECTION 14 - Within thirty (30) days from filing of application and upon
verification that the applicant has complied with all the requirements provided in this
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ordinance, the action officer shall recommend to the municipal mayor the issuance of
special permit/provisional authority.
SECTION 15 - The provisional authority to operate shall entitle the owner or

operator to use and operate the unit as public utility vehicles, unless the same is
disapproved by the land transportation commission.
SECTION 16 - It shall be unlawful for any person to continue the operation of

tricycle for hire after he or his representative received a notice of rejection, denial or
disapproval of his application, for a permit, provisional authority or franchise.
SECTION 17 - Subject to the requirements and regulations issued by the LTO,

every tricycle for hire shall be strongly built; well balanced, with pneumatic tires and
neatly painted, shall have firm connection, upholstered seat with its sides and backrest;
provided with two (2) lamps with clear light at the front; with water proof top, curtains
and rain aprons, shall be provided with horns for warning purposes, and must comply with
the following minimum requirements and specifications.
PRIME MOVER CAB
a) The power rating got motorcycle to be used as prime mover will be 100 cc to
125 cc;
b) In addition to the foot and hand brakes of the prime mover, the third wheel of
the sidecar must be equipped with auxiliary or parking brake;
c) The cab must be attached firmly and securely to the prime mover;
d) The type of the cab is a standard six-setter two passengers at the right side of
the driver and four at the left and one at the right of the driver and six at the
back.
TOP
a) The cab must be provided with a topping and side and front covers to insure
shade from the sun and shelter from rain;
b) Support of topping and sides must be strong enough to withstand maximum
load;
1. Maximum number and size of post - 10 pcs. 3/8 round iron bar.
2. Minimum size of topping 1/4 with round iron bar
3. All joints must be welded or belted securely
c) There must be an optional baggage compartment at the top.
Flooring and sidings must be of steel plate, minimum thickness of gauge 20:
1. Cab body to welded or lap-bolted, to auxiliary chassis.
2. All joints to be welded or lap-bolted;
3. Sidings and flooring must be free of sharp edges.
4. Space must be provided for baggage compartment.
SEAT AND BACKREST
Seat and backrest must be upholstered and encased securely to a framing:

1. Minimum size framing 1/2" x 1/8" single iron;
CHASSIS FRAMING
1 & 7 - attachments plate 4" x 5" x 3" x 6" steel plate bolted to motorcycle anchor with
minimum of 4 pieces each attachment 1/2 width steel bolts. The 1' with pipe welded to the
attachment plate with reinforcement bracket (2" - 3" leg) also welded to plate and pipe.
2 & 8 - joint with 90-elbow joint, tightened and welded at elbow edge.
3 & 9 & 10 - 90 elbow joint, tightened and welded at elbow edge; reinforce with plate
1/8" thick (1' - 2" leg).
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4 & 5 - welded joint with reinforced plate 1/8" thick steel plate.
6 - minimum size third wheel be 26 x 2 - 1/2 4 - ply with heavy duty tire rim, sitting on
bearing with 5/8 with axle shaft, third wheel must be covered with mud guard.
CAB TO CHASSIS ATTACHMENTS
SPRING:
a) Cab must be attached to the chassis framed by leaf spring, minimum of two (2)
leaves jeep spring per side. The front end of this main spring should be hinged
on a bracket enough to withstand the load. Rear end must be shacked, bracket
must be 1/8. Spring must be U-bolted or clamped to the axle with no less than
3/8 U-bolt.
b) It must be also provided with stabilizer of at least one (1) leaf jeep spring, also
attached similarly to the main spring.
c) Spring bracket block must be welded strongly to the auxiliary chassis.
SECTION 18 - No person shall be allowed to drive any motorized tricycle unless

he has complied with the following requirements:
1. He must obtain a certificate if fitness to drive from the municipal health
officer, upon payment of the required fee. The municipal health officer or chief
of Cabadbaran district hospital shall not issue the required certification of
fitness to drive unless prior payment of health fee as provided in the Municipal
Tax Code shall be made to the municipal treasurer.
2. He must obtain a mayor's clearance, barangay clearance, and police clearance
from the station commander, to be renewed annually for as long as he drives a
motorized tricycle.
SECTION 19 - No person operating or driving a motorized tricycle for hire shall

load his vehicle with more than six (6) passengers for a six setter nor more than eight (8)
passengers for center car or 8 setter (as shown in exhibit 1 guidelines). He shall not load
freight or cargo that will inconvenience the passengers or will pose serious danger to the
public.
SECTION 20 - It shall be unlawful for any driver or operator of a motorized

tricycle for hire to charge passenger higher than the prevailing rate.
The Municipal Mayor, or the Action Officer, upon authority of and approval by
the former, shall adopt or promulgate rules and regulations and/or guidelines to insure
proper and effective implementation of this ordinance and to optimize tricycle transport
services and the systematic operation thereof. The municipal mayor may, should he
consider necessary, create a committee or group which shall assist and advice the action
officer, provided that such committee or group shall function and serve without
compensation.
SECTION 21 - The Action Officer and a committee or group to be created by the

Municipal Mayor may recommend to the Sangguniang Bayan schemes, and traffic plans
and routes for motorized tricycles with the end in view of establishing a systematic and
orderly operation and management of such tricycles. The tenure of office of the members
of the committee shall be at the pleasure of the municipal mayor.
SECTION 22 - Operators based in the neighboring municipalities and those

already registered in their respective municipalities, but operating within Cabadbaran,
shall secure a mayor's permit to operate;
SECTION 23 - The term persons, as used in this ordinance, shall be interpreted in

accordance with its legal meaning, and shall include a corporation, partnership,
cooperative or association, and the pronoun "HE", as used herein, shall include and
embrace the above-mentioned personalities.
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SECTION 24 - Drivers of all kinds of motorized tricycles while on motion shall

use their headlights after sunset; and whenever such vehicles must meet another in any
streets, shall be on dim light.
SECTION 25 - Motorized tricycle not for hire under this classification shall not
under any circumstances be used to solicit, accept or transport passengers or cargoes for
pay;
SECTION 26 - It shall be unlawful for any duly licensed driver to allow any
person to use his license for the purpose of enabling such borrower to operate motorized
tricycle;
SECTION 27 - It shall be prohibited for a driver to drive any motorized tricycle

while under the influence of liquor or dangerous drugs;
SECTION 28 - All motorized tricycle for hire while waiting for passenger shall
park in their respective places specifically designated as such "parking area" and shall pay
the corresponding "parking fee" of P1.00 per trip;
PENAL PROVISIONS
SECTION 30 - Owners or operators found violating any provisions of this

ordinance, apart from any administrative sanctions and fine under existing laws and
ordinance, shall upon conviction, suffer the penalty of a fine of not less than FIVE
HUNDRED PESOS (P500.00) nor more than ONE THOUSAND FIVE HUNDRED
PESOS (P1,500.00) or an imprisonment of not less than 10 days nor more than 30 days,
or, both fine and imprisonment at the discretion of the court. If the violation is committed
by a corporation, partnership, cooperative, or association, the penalty shall be imposed
upon the president, director or directors, managing partner, or officials responsible for
such violation;
SECTION 31 - Any driver of any kind of tricycle either for hire and not for hire,
found violating any provisions of this ordinance, apart from any administrative sanction
and fines under existing laws and ordinance, shall upon conviction suffer the penalty of
fine of not less than ONE HUNDRED PESOS (P100.00) nor more than FIVE HUNDRED
PESOS (P500.00) or an imprisonment of not more than 15 days or both fine and
imprisonment at the discretion of the court;
Article 11. Declaring Bagong Lipunan Street (formerly Monteroso Street) and
Market Alley (from Soledad Dy Store to Farmacia Rosal) one way traffic to vehicles.
SECTION 1. Bagong Lipunan street (formerly monteroso street ) is hereby

declared as one-way street to vehicles from the corner of Asis street, southwards towards
the public market then turn right thru the market alley (fronting Soledad Dy store and
Farmacia Rosal) up to corner Garame street.
For this purpose, all vehicles shall enter at the corner of Bagong Lipunan and Asis
streets and shall exit at the corner of market alley and Garame streets.
SECTION 2. No parking shall be allowed along the streets mentioned in section 1

hereof (bagong lipunan and market alley) except for loading and unloading of passengers
and cargoes, which shall not exceed 15 minutes.
SECTION 3. Drivers of any vehicles violating this ordinance shall be penalized

with a fine of not less than THREE HUNDRED (P300.00) but not more than FIVE
HUNDRED (P500.00) PESOS or an imprisonment of not less than 5 days but not more
than 15 days or both such fine and imprisonment at the discretion of the court.
Article 12. Providing discounted fares of not less than 20% of the authorized fares on
public utility transport vehicles to disabled persons within the jurisdiction of
Cabadbaran, Agusan del Norte.(Ord. No. 2001-06)
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SECTION 1. All public utility transport vehicle drivers plying within the
territorial boundaries of Cabadbaran, Agusan del Norte, are mandated to give discounted
fares of not less than 20% of the authorized fare to all identification card (ID) holder
disabled persons duly signed by the Mun. social welfare officer, MSWD.
SECTION 2. Disabled persons taking rides on public utility transport vehicles

must be given seats that are accessible to them. Accessible seats that are already occupied
must be vacated and be given to the disabled persons concerned.
SECTION 3. Failure or refusal of the driver to comply with section 1 and 2 hereof,
shall upon conviction, be penalized with a fine of one hundred pesos (P100.00)
Article 13. Requiring all drivers of motorized and pedaled tricycles for hire to
undergo a defensive driving seminar operating within the territorial jurisdiction of
the Municipality of Cabadbaran, Agusan del Norte.
SECTION 1. All drivers of motorized and pedaled tricycles for hire, must undergo
a defensive driving seminar before they be allowed to drive such vehicle.
SECTION 2. The land transportation office, the traffic management command and
the committee on transportation and communication are hereby authorized to conduct the
defensive driving seminar and thereafter the issuance of the corresponding certificate of
appearance.
SECTION 3. No motorized and pedaled tricycles for hire shall be registered or be

issued with a mayors permit to operate if the driver cannot present the certificate of
attendance on defensive driving seminar.
Article 14. Revised ordinance regulating the operation of tricycles, motorized

trisikads and trisikads for hire, providing mechanism for the issuance of franchises
and permits, imposing fees therefor and penalties for violations thereof and for other
purposes.
SECTION 1. DEFINITION OF TERMS:

A. Tricycle for hire is a vehicle composed of a motorcycle with a single-wheel
sidecar or a motorcycle with a two wheel cab operated to render transport
services to the general public for a fee.
B. Motorized trisikad for hire is a vehicle composed of a trisikad fitted with
engine which are usually used for pumpboats, farm tractors, etc., operated to
render transport services to the general public for a fee.
C. Tricycle-motorized trisikad operators permit or MTOP - is the document
granting franchise as license issued to a person, natural or juridical, allowing to
operate tricycle and or motorized trisikad-for-hire over zones specified herein.
D. Zone is a contagious land area or block, say a subdivision or a barangay,
where a motorized trisikad for hire may operate.
SECTION 2. Qualifications:
A franchise to operate tricycle/motorized trisikad and trisikads for hire shall be

granted by the Sangguniang Bayan of Cabadbaran, Agusan del Norte thru the SB
Committee on Transportation pursuant to the provisions of this ordinance.
The Sangguniang Bayan shall approve all applications for new

franchises as well as the renewal of the same upon the recommendation of the SB
Committee on Transportation before the Permits and Licensing Section of the
Mayors Office will issue the required Mayors Permit for the Operation of
tricycles/motorized trisikads and trisikads for hire.
SECTION 3. Operating Conditions:
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a. For safety reasons, no tricycle/motorized trisikad and trisikads for hire

should operate on national highways utilized by 4-wheel vehicles
greater than 4 tons and where normal speed exceeds 40 kph, except if
there is no other alternative route. Provided same tricycles, motorized
trisikads and trisikads as a matter of road courtesy should give way to
the motor vehicles following behind them especially during night time
driving and take the shoulder lane for precautionary measures to avoid
unnecessary vehicular accident to save lives and property.
b. No motorized trisikads and trisikads for hire will be granted MTOP
unless it has reflectors, brakes and lights, and must comply with the
following minimum requirements and specifications:
>Reflectors measuring 4" x 4" shall be attached conspicuously at
the upper back (red color) and front (yellow color) portion of the
vehicle to forewarn motorist of the imminent danger ahead of them
especially while operating during night time.
A motorcycle hub-brake-type should be installed to the trisikad.
A dynamo or battery operated headlight and taillight of not less
than 6 volts should be attached to the body of the trisikad and
motorized tricycles.
Side mirrors must be installed in the vehicle.

The cab must be provided with topping and side and front
covers to insure shade from the sun and shelter from the rain.
Once a franchise is issued to the applicant, the MTOP shall be issued by the office
of the municipal mayor through its licensing division and shall be valid for a
period of two (2) years renewable for the same period.
Operators shall employ only drivers duly licensed by the municipal licensing
authorities.
To protect the interest of the riding public, the members of the Federation of
Motorized Tricycle Drivers/Operators of Cabadbaran, Inc. are hereby
required to:
a.) Adopt a system which will provide for the payment of claims arising
from accidents involving tricycles;
b.) This system must be provided with an internal rules, duly notarized
by a notary public, implementing the payment of accident
indemnity claims;
c.) The notarized internal rules shall become another requisite for the
registration of tricycles for hire;
d.) The permits and licenses division is mandated not to register/renew
the permits of tricycles for hire without the notarized internal rules as
stated in sub-section (b) above;
SECTION 4. For non-members of the federation they must secure a

common carrier insurance of their own choice as one of the requisites of the
registration.
SECTION 5. Tricycle, motorized trisikad and trisikad drivers, 18 years old and
above shall secure a municipal permit to drive from the office of the municipal mayor thru
the permits and licensing division.
SECTION 6. The Municipal Permit to Drive shall be non-transferable and

renewable every year from the date of its issuance. Lost Driving Permit Cards
shall be replaced only after the presentation of an Affidavit of Loss.
SECTION 6. There shall be imposed fees and charges as follows:
A. For the grant of franchise:

a. Franchise fee (per unit) P 300.00 each franchise for north and south
zones good for 2 years
B. Tricycle motorized trisikad operation permit fee:
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i. mayors permit - P 75.00

ii. health fee - P 20.00
iii. sanitary fee - P 40.00
iv. garbage fee (per unit) - P 60.00
v. parking fee (per unit) - P 70.00 w/in Poblacion only)
vi. registration (per unit) - P 75.00
vii. stickers (per unit) - P 50.00
C. trisikad operation permit fee:
i. mayors permit - P 40.00
iii. sanitary fee (per unit) - P 40.00
iv. garbage fee (per unit) - P 60.00
v. registration (per unit) - P 75.00
vi. stickers (per unit) - P 25.00
D. Fees for the grant of motorized trisikad/tricycle permit to drive:
i. mayors permit motorized trisikad/tricycle driver - P50.00
ii. health fee - P10.00
iii. mayors clearance - P30.00
iv. police clearance - P50.00
v. ID card/permit card - P20.00
E. Fees for the grant of trisikad permit to drive
i. mayors permit trisikad driver - P 20.00
iii. mayors clearance - P 30.00
iv. police clearance - P 50.00
v. ID Card/permit card - P 20.00
Provided that prior to the issuance of a drivers permit to drive a certificate of

defensive driving seminar must be presented.
SECTION 7. Holders of professional drivers license are not required to pay the
drivers permit fee.
SECTION 8. The Mun. Treasurer is hereby directed to print municipal driving

permit cards in official form wherein the following data shall be depicted:
a. Name of driver
b. Place of birth
c. Date of birth
d. Civil status
e. Present address
f. 1x1 ID picture
g. Thumb mark
h. Blood type
i. Person to be contacted in case of emergency
SECTION. 9. When operating the vehicles stated herein, drivers

should wear long pants, T- shirt with sleeves (long or short) and shoes
and shall pin their Driving Permit Cards conspicuously on their shirt lapels.
Wearing of short pants and sleepers is strictly prohibited. Drivers
must observe proper hygiene.
It shall be unlawful for a driver of tricycles/motorized trisikads and trisikads for
hire to refuse to convey passengers, except when refusal is due to force majeure or when
the vehicle is out of order.
Tricycle drivers who refuse to convey passengers in violation of this provision
shall be fined TWO HUNDRED PESOS (P200.00), separate and distinct from the penal
provision provided herein.
SECTION 10. Penal Provision a fine of FIVE HUNDRED PESOS (P500.00) or

an imprisonment of thirty (30) days or both such fine an imprisonment at the discretion of
the court shall be imposed for any violation of any provisions of this ordinance.
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Article 15. Strictly prohibiting the construction of basketball boards utilizing any
public street or road as court in the Municipality of Cabadbaran, Agusan del Norte
and providing penalties for violation thereof. (Ord. No. 1999-07)
SECTION 1. PROHIBITION - The construction and erection of basketball

boards and mini basketball courts utilizing any public street, road, alley within
the Municipality of Cabadbaran, Agusan del Norte as court is strictly prohibited.
SECTION 2. DUTY OF MUN. ENGINEERS OFFICE. The Mun.

Engineers Office is hereby mandated to demolish and remove any existing
basketball boards and those that may be constructed thereafter found to have
violated Section 1 of this Ordinance.
SECTION 3. PENAL CLAUSE
a). Any person/s caught in the act of constructing and erecting basketball
boards utilizing any streets of the municipality as their courts shall be
fined P 1,000.00, without compromise.
b). Any person or group of persons playing basketball in any street, road,
alley in the municipality shall be fined P 200.00 or 5 days
imprisonment.
Article 16. Re-routing all public utility buses passing the highway of Cabadbaran,
Agusan del Norte. (Ord. No. 1999-17)
SECTION 1. A new route for Public Utility Buses passing the highway
of Cabadbaran, Agusan del Norte is hereby established in accordance with the
following:
Buses bound for Surigao City shall, upon arriving at the junction
of the circumferential road of Brgy. Mabini, detour to the right, and exit
at the junction of the Cabadbaran Bridge turning right; and
Buses bound for Butuan City shall, upon arriving at the junction
of the circumferential road at the Cabadbaran Bridge, detour to the left
and exit at the junction of Brgy. Mabini turning left.
SECTION 2. The Cabadbaran PNP station shall cause the putting of

detour signs on the above-stated detour points.
SECTION 3. Loading and unloading of passengers and cargoes shall be at

the area across the government center. For this purpose, proper cash tickets
in the amount of TEN PESOS ( P 10.00) shall be issued to all PUBs
soliciting passengers and cargoes at the designated loading and unloading area.
The Mun. Treasurers Office is hereby mandated to assign a Collection Clerk at
the Bus Stop.
SECTION 4. Soliciting of passengers and cargoes in areas within the

circumferential road other than the Bus Stop is not allowed or is prohibited.
SECTION 5. Violation of this Ordinance shall subject each offender to a

penalty of P 1,000.00 or an imprisonment of not exceeding six months or both
fine and imprisonment at the discretion of the court.
When the offender is a corporation, partnership, or other juridical person,

the president, general manager, or such other officer charged with the
management of the business affairs thereof shall be criminally liable.
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Article 17. Establishing one-way traffic routes in the Poblacion of Cabadbaran,

Agusan del Norte and providing penalty for violation thereof and for other purposes.
(Ord. No. 1999-23)
SECTION 1. A one-way traffic route shall be established along the

following streets, to wit:
a. Junction of Atega St. and F.C. Dagani Avenue going North up to

corner Asis and Atega Sts.
b. Corner Asis and Atega Sts., going West up to corner Garame and Asis
Sts.
c. Corner Garame and Asis Sts. going South up to Corner Garame St. and
F.C. Dagani Avenue;
d. Corner Garame St. and F.C. Dagani Avenue going East up to junction
of Atega St. and F.C. Dagani Avenue.
e. Corner Garame and A. Curato Sts. going to Corner Atega and A.

Curato Sts.
SECTION 2. COVERAGE a). All types of private and public utility

vehicles are required to observe the provisions of Section 1 hereof.
b). The one-way traffic routes provided in this Ordinance shall be

implemented from 5:00 oclock in the morning up to 9:00 oclock in the evening.
SECTION 3. PENALTIES Violation of this Ordinance shall subject the

offender to a subsequent penalty categorized as follows:
a). For 10 wheeled and 6 wheeled vehicles One Thousand

Pesos. ( P 1,000.00)
b). For 4 wheeled vehicles - Five Hundred Pesos ( P 500.00)
c). For motorized tricycles and center cars - Three Hundred

Pesos ( P 300.00)
d). For pedaled tricycles - One Hundred Pesos ( P 100.00 )
e). For bicycles - Fifty Pesos ( P 50.00)
Article 18. Regulating the parking of vehicles in the primary municipal streets of
Cabadbaran, Agusan del Norte, providing penalties for violation thereof. (Ord. No.
2000-04)
SECTION 1. COVERAGE This Ordinance covers all types of vehicles

that used to park within the specified primary streets in the Municipality of
Cabadbaran, Agusan del Norte.
SECTION 2. PRIMARY STREETS
The following are considered as the primary streets in the Municipality of

Cabadbaran, Agusan del Norte;
a. Corner Asis and Garame Streets up to Corner Garame and A. Curato Streets;
b. Corner Garame and A. Curato Streets up to Corner A. Curato and Atega

Streets;
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c. Corner A. Curato and Atega Streets up to Corner Atega and Asis Streets;
d. Corner Atega and Asis Streets up to Corner Asis and Garame Streets.
SECTION 3. MANNER OF PARKING There shall be yellow boxes
painted parallel to the specified primary streets wherein private and not for hire
vehicles must park inside. The size of the yellow box shall be 10 meter
long x 3 meter-wide and shall start 6 meters from the corner of every street
referred to in SECTION 2.
For purposes of this ordinance, the term inside shall mean that all
wheels of the vehicle are within the yellow boxes.
SECTION 4. PASSENGER/CARGO LOADING & UNLOADING
A space in-between the yellow boxes measuring 4 - meter long and 3 -

meter wide are painted YELLOW broken lines wherein public utility tricycles
may load and unload their passengers and cargoes but shall not be used as
parking area.
SECTION 5. POLICE AND DEPUTIZED MUNICIPAL ORDINANCE

ENFORCERS
The Police and Deputized Municipal Ordinance Enforcers are mandated to

strictly monitor the compliance of this Ordinance.
SECTION 6. THE MUN. ENGINEERS OFFICE - The Municipal Engineers

Office is hereby directed to paint the yellow and red boxes to all streets specified
in SECTION 2.
SECTION 7. PENALTIES Any person violating any provision of this

Ordinance shall be fined as follows:
First Offense -
P 500.00
Second Offense -
P 1,000.00
Third Offense - a fine of P 1,500.00 or to suffer an
imprisonment of not exceeding five (5)
days or both such fine and
imprisonment at the discretion of the
court.
SECTION 8. - All fines paid under Section 7 hereof shall accrue to the
Police Matters Trust Fund.
Article 19. Establishing a route identification system for all tricycles for hire in the
Municipality of Cabadbaran, Agusan del Norte, providing penalties therefor and for
SECTION 1. ESTABLISHMENT OF A ROUTE IDENTIFICATION

SYSTEM A route identification scheme for all tricycles for hire plying in the
Municipality of Cabadbaran, Agusan del Norte is hereby established thru color
coding and odd/even number schemes, viz:
(a) Color Coding Scheme- This scheme applies to all Tricycles-For-Hire bound to
the following municipalities, to wit:
Route Color
1. Cabadbaran to Magallanes vice versa - Blue

2. Cabadbaran to RTR vice versa - Red
3. Cabadbaran to Santiago/Tubay vice versa - Yellow
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All Tricycles For-Hire bound to the above stated routes are prohibited to
ply around the Poblacion and must park at their respective designated terminals only. For
this purpose, the following areas are designated as terminals:
1. Magallanes bound - Tolentino property, Garame St.,

Brgy. 5 Poblacion, this
municipality
2. RTR bound - Atega Park Premises
3. Santiago/Tubay bound - Atega Park Premises
(b) Odd/Even Number Scheme - This scheme applies to all Tricycles For- Hire
bound to all barangays of the Municipality of Cabadbaran, including those
commonly known as warik-warik.
Tricycle For-Hire which routes fall within the preceding paragraph must
follow the following system:
1. Tricycles for - hire which are assigned with even numbers are allowed to
enter the primary streets of the Poblacion of Cabadbaran during Mondays,
Wednesdays and Fridays only.
2. Tricycles For - Hire which are assigned with odd numbers are allowed to
enter the primary streets of the Poblacion of Cabadbaran during Tuesdays,
Thursdays and Saturdays only.
For purposes of this ordinance, Primary Streets of the Poblacion of Cabadbaran

refers to the following:
1. Corner Asis and Garame Streets up to Corner Garame and A.

Curato Streets.
2. Corner Garame and A. Curato Streets up to Corner A. Curato and

Atega Streets
3. A. Curato and Atega Streets starting from the junction of the

childrens park perimeter (NORMI Road) up to Corner Atega and
Asis Streets.
4. Corner Atega and Asis Streets up to Corner Asis and Garame

Streets
SECTION 2. SIGNBOARDS- (a).The color and number code shall be displayed

in the front, right and left sides of the tricycle. For standardization and uniformity,
the color and number code shall be painted on a signboard measuring 8 inches
vertically and 11 inches horizontally. The Code number shall measure 5 inches
tall and 1 inch wide.
(b). The name of the operator shall likewise be painted in the signboards.
(c). The color and number code signboard shall automatically become another
requisite for the registration of tricycles for hire. No tricycle for hire shall be
registered without complying with this requisite.
(d). The Permits and Licenses Section is mandated to assign a permanent

number code for tricycles bound to the above stated routes.
(e) Any operator/owner of motorized tricycles who wish to change their

existing authorized route shall fill-up the necessary documents at the
Permits and Licenses Division, this municipality.
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(f) No owner/operator shall tamper or change the color codes of their

tricycles as provided for in this Article without complying with the above
stated provision.
(g) An application fee in the amount of P 500.00 per unit shall be

imposed to any operator/owner who wants to change his authorized route.
SECTION 3. DISPATCHERS Only registered dispatchers are allowed to

dispatch and monitor the orderly parking of tricycles in the designated terminal in
order to avoid obstruction to the traffic and ensure the smooth flow of vehicles in
the area. Unregistered dispatchers doing business within the designated terminal
must be immediately apprehended and pay the penalty of P 100.00
SECTION 4. PENAL CLAUSE Any driver/operator violating this Ordinance

shall be subjected to the penalty of not more than FIVE HUNDRED PESOS ( P
500.00) or an imprisonment of not less than five (5) days or both at the discretion of
the court and shall be a cause for the impounding of the vehicle which shall be
released only upon payment/serving by the concerned violator of the appropriate
penalty.
Article 20. An ordinance establishing a new fixed rate of fare on all tricycles for hire
within the Municipality of Cabadbaran, Agusan del Norte. (Ord. No. 1999-11)
REGULAR DISCOUNTED
FARE FARE (20% FOR
STUDENTS, DISABLED
AND SR. CITIZENS)
a) TRICYCLES PLYING
W/in POBLACION P 6.00 4.80
Poblacion to:
Catholic Cemetery 6.00 4.80
Government Center 6.00 4.80
b) FROM POBLACION TO
A. LUNA VICE-VERSA 12.00 9.60
c) FROM POBLACION TO
BAYABAS & vice-versa 13.00 10.60
d) FROM POBLACION TO
BAY-ANG & vice-versa
Poblacion (Terminal
- To Terminal 8.00 6.40
- Cabahian 10.00 8.00
- Bung-aw 9.00 7.20
- Bugho 10.00 8.00
- Dal-as 13.00 10.40
e) FROM POBLACION TO
CAASINAN & vice-versa 7.00 5.60
f) FROM POBLACION TO
CABINET vice-versa 7.00 5.60
g.) FROM POBLACION TO

CALAMBA
- Bugho 10.00 8.00
- Calulutay 13.00 10.40
- Calamba Proper 13.00 10.40
- Malico 15.00 12.00
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FROM CALAMBA TO
POBLACION
- Bugho 6.00 4.80
- Bay-ang 7.00 5.60
- Crossing of Natl hi-way 10.00 8.00
- Cabadbaran 13.00 10.40
h.) FROM POBLACION TO

CALIBUNAN vice-versa 6.00 4.80
- Maybo 7.00 5.60
- Malingin 8.00 6.40
I) FROM POBLACION TO
COMAGASCAS vice-versa
- Hinagdanan 6.00 4.80
- Centro 6.00 4.80
- Maraput 8.00 6.40
- Hacienda 8.00 6.40
- Purok 4 7.00 5.60
- Purok 7 7.00 5.60
- Bungogon 8.00 6.40
- Anangilan (Valentine) 8.00 6.40
- Anangilan (Kikay) 11.00 8.80
j) FROM POBLACION TO
CONCEPCION & VICE-VERSA
- Proper 16.00 12.80
- Little Leyte 13.00 10.40
k) FROM POBLACION TO
DEL PILAR vice-versa
- Purok 1 9.00 7.20
- Proper 11.00 8.80
- Purok 4 ( Iglesia ) 12.00 9.60
- Purok 5 ( Andawit ) 15.00 12.00
- Purok 8 (Brgy. Site) 12.00 9.60
l) FROM POBLACION TO
KATUGASAN ( Purok)
- Purok 1 & 2 8.00 6.40
- Purok 3 9.00 7.20
- Purok 4 10.00 8.00
- Purok 5 12.00 9.60
- Purok 5 ( Kawayan Pahit to Dal-as) 13.00 10.40
- Punta Puting Bato 16.00 12.80
m) FROM POBLACION TO
KAUSWAGAN & vice-versa
- Proper 6.00 4.80
- Upper Kauswagan 6.00 4.80
- Lower Kauswagan 7.00 5.60
- Sinunog 8.00 6.40
n) FROM POBLACION TO
LA UNION & vice-versa
- Proper 9.00 7.20
- Bandol 9.00 7.20
- Bita-og 10.00 8.00
- Maong 11.00 8.80
- Bukid-Bukid 9.00 7.20
- Panla-isan (hi-way) 7.00 5.60
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- Panla-isan (sulod) 8.00 6.40
0) FROM POBLACION TO
MABINI vice-versa
- Lower Mabini 6.00 4.80
- Upper Mabini 6.00 4.80
- Pandanon 7.00 5.60
- Dal-as 9.00 7.20
- Dinabucan 9.00 7.20
p) FROM POBLACION TO
SANGHAN vice-versa 9.00 7.20
q) FROM POBLACION TO
SORIANO vice-versa 8.00 6.40
r) FROM POBLACION TO
TOLOSA vice-versa
- Dist. Hospital 6.00 4.80
- Secuanda 6.00 4.80
- Tolosa/School Bliss 6.00 4.80
SECTION 2. All minors, students, persons with disabilities and senior

citizens shall be given a maximum of 20% discount of the above-stated fares.
SECTION 3. Tricycle drivers must display conspicuously the schedule of

fares or tarriffa in their tricycles.
Only original tarriffas duly signed by the authorized signatories must be

displayed, after payment of P 1.00 to cover the printing expenses.
Displaying of damaged, dilapidated or altered tarriffas is prohibited.
SECTION 4. Any person/s found violating any provision of this ordinance

shall be fined FIVE HUNDRED PESOS ( P 500.00).
CHAPTER 6
PUBLIC SAFETY
Article 1. Prescribing a municipal fire ordinance of the municipality of Cabadbaran,

Agusan and for other purposes.
SECTION 1. General - this ordinance prescribed the action to be taken by all

concerned to prevent the outbreak of fire or in case fire breaks out in any place within the
municipality and to provide penalties for violation thereof.
SECTION 2 Organization -
a. Fire Safety Committee - composed of the municipal mayor, fire chief, chief of
police, and representatives from the Jaycees, knights of Columbus, labor
unions, chambers of commerce and other civic clubs. The chairmanship of the
committee shall be given to a private person reputed for his civic spirit who
shall be elected for a term of two years by the fire safety committee.
The committee shall be divided into the following sub-committees:
1. Subcommittee on fire prevention
2. Subcommittee on fire-fighting service
3. Subcommittee on building construction
4. Subcommittee on law enforcement
b. Community Fire Brigades (Ronda) - each brigade will be composed of 1 leader

and at least ten (10) members
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1. There shall be at least three brigades in each barrio. These brigades

shall be under a fire lieutenant (barrio lieutenant); the barrio of the
Poblacion shall have nine fire brigades.
2. All the fire brigades in each barrio shall be under a fire captain
nominated by the members of the fire brigades in said barrio and
appointed by the chairman of the fire safety committee.
3. All the fire brigades in the municipality shall be under the supervision
of the fire coordinator, who shall be the Chief of the fire department.
4. Each brigade shall be divided into the following groups:
a. Fire fighting and demolition group
b. Salvage and rescue group
c. Security group
d. Water detail
c. Private Fire Brigades - large institutions such as factories, office buildings,
department stores, warehouses, schools, dormitories, and the like, shall be
required to organize their respective fire brigades, the composition of which
shall be similar to the community fire brigades except that in the private fire
brigades their responsibility is mainly within the premises of the private
institution alone and are not subject to call by the public.
d. The Family Unit - this shall be composed of the members of the family and
immediate neighbors. Big fire starts from small fires. Members of the family
can put out the fire while it is still small especially if they are trained in putting
out fires.
e. Volunteer Fire Rescues - this shall be composed of volunteers attached to the
municipal fire department as reserve fireman. Complete coordination between
these reserves and the community fire brigades should be brought about by the
fire coordinator.
SECTION 3. Duties
a. Fire safety committee

1. Recommend to the municipal council the promulgation of fire prevention
and building ordinances to provide maximum fire safety and rigid impartial
enforcement of all building codes and fire prevention ordinances.
2. Recommend ways and means to help the municipal administration
maintain an adequate fire department with consideration to the adequacy of
personnel, training, and equipment. If the municipality has no fire
department, recommend measures to effect the installation of one.
3. Rally community support behind public officials and encourage the
populace to accept their responsibility for local fire safety by arousing them
to a realization of the seriousness of the local fire problems and potential
threat of fires to life and property.
4. Effect the elimination of all fire hazards that may be found in both public
and private buildings and premises and to be on the alert for all new fire
hazards resulting from the use of new materials, processes and methods.
5. Encourage the fire department to make frequent fire safety inspection of
both public and private buildings and premises in addition to the usual
mercantile and industrial property inspections.
6. Coordinate with school authorities to make fire prevention education an
integral part of the school curriculum.
7. Organize community disaster relief plan which can be put into effect
immediately in case of necessity.
b. Community fire brigades

1. To be familiar with the various fire-alarm signal system and to know
how to respond to them.
2. To be well - trained in the use of the various fire fighting equipment in
their possession and those used by the municipal fire department
3. To organize an effective system of fire patrol and be on the alert for the
outbreak of fires in their respective patrol jurisdiction.
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4. In case of fire, sound the alarm and immediately proceed to fight the
fire according to group responsibility or as the fire officers may direct.
a. The fire fighting and demolition group shall initially be
responsible for fighting the fire and preventing or otherwise
minimizing its spread. It shall demolish buildings deemed
necessary on orders of the fire coordinator and/or responsible
fire officers in order to stop or minimize the spread of the fire. It
shall relinquish responsibility for this function to the municipal
fire department or other fire stations but will continue to
coordinate its efforts with the latter.
b. The salvage and rescue group shall be responsible for
evacuating women and children from threatened area to places
of safety and all equipment, fixtures and properties to the
salvage dump designated by the brigade leader or responsible
fire officers. Rescue of persons trapped in the burning building
shall be given top priority.
c. The security group shall provide security for all evacuated
properties and will prevent looting. Looters and suspicious
persons will be taken into custody and given to police
authorities for appropriate investigation.
d. The water detail shall be responsible in brining and supplying
water for use in putting out the fire. It shall coordinate its
efforts with the fire fighting and demolition group.
c. Private fire brigades shall perform their function in the same way community
fire brigades do except when institutions concerned have their own fire plans.
However, when the fire gets out of control they will leave the job to the
municipal fire department or other or other fire stations but will continue to
coordinate their efforts with the latter.
d. The family unit
1. Keep the house and yard clean at all times
2. Remove from inaccessible places materials which can easily catch fires
such as old clothes, rags, newspapers, old cloth decorations and
furniture. If possible give them away.
3. Do not store inflammable liquids in the house. Keep the same in metal
or glass containers tightly closes and in shaded storage in the yard.
4. Remove all fire hazards in the yard.
5. Conduct periodic check up and repairs of family electrical wiring and
appliances.
6. Extinguish all fires before sleeping.
7. Prohibit children from playing with fires.
8. To know all fire-alarms signals and be on the alert to respond to such
alarm.
9. Always keep a ready supply of water in open containers such as barrels,
tanks, jars and pails for fire use only.
10. To initially fight fires breaking in their respective houses or assist in
fighting fires breaking out in neighbor's houses until the arrival of fire
brigades and/or municipal fire department to whom they will relinquish
their function but shall continue to coordinate their efforts with the
latter.
e. The volunteer reserves
1. To be thoroughly familiar with fire-alarm signal systems and be
prepared to assist the municipal fire department in responding to such
alarms.
2. To be well trained in the following:
a. The principles of fire fighting, control and prevention.
b. Inspection of fire hazards.
c. Response to fire alarms.
d. Prompt reporting of fires.
e. Reporting after fires.
f. Maintenance and use of equipment in possession of the
municipal fire department.
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f. The fire coordinator (Chief, municipal fire department)

1. Supervise fire prevention campaigns in the municipality.
2. Enlist and train the fire brigades.
3. Organize an effective system of fire patrol among the members of the
fire brigades.
4. Organize teams to help the municipal fire department conduct house to
house inspection for fire prevention work and to enforce all fire-
prevention measures.
5. Act as liaison between the fire brigades and the fire department.
g. The fire captains

1. Supervise the fire brigades and fire prevention campaigns in his
jurisdiction.
2. Carry out instructions of the fire coordinator as to enlistment, training
and fire drill of fire brigades under him.
3. Hold seminars on fire prevention, control and fire fighting.
4. Familiarize the members of the brigades under him in the upkeep and
use of their fire-fighting equipment.
5. Responsible to the fire coordinator in the enforcement of fire-
prevention measures in his jurisdiction.
6. Carry out other instructions of the fire coordinator.
h. The fire lieutenants

1. Supervise the fire brigades and fire prevention campaigns in his barrio.
2. Execute instructions of the fire captains and/or fire coordinator.
3. Familiarize fire brigades with all fire alarm systems and the use and
upkeep of their equipment.
SECTION 4. Procedure
a. Any member of the fire brigade or resident who first discover the fire will
immediately shout , "fire" continuously to arouse the neighborhood and point
to the place of fire and then inform the nearest member of the fire brigade who
will immediately cause the fire alarms signals to be sounded, and the municipal
fire department called through fastest available means of communication.
b. Alarm signals
1. By residents shout of "fire" continuously until the community is
arouse and at the same time mentioning the place of the fire.
2. By fire-patrols - shouts of "fire" or by whistle blasts, three (3) short
whistle blasts , repeated at five (5) seconds interval between series.
3. By police officer - discharge of his piece three (3) times in the air with
shouts of "fire" mentioning the place of fire.
4. By siren or bell - three (3) successive short blasts of the siren, repeated
three times with five (5) seconds interval between series and/or three
minutes continuous ringing of the church bell.
SECTION 5. Investigation And Report
a. Immediately after the fire has been extinguished, the fire coordinator shall
conduct an investigation of the cause thereof, the extent of damage and
casualties, if any.
b. A report on the results of his investigation shall be submitted to proper
authorities within 48 hours after the fire has been officially declared under
control by the chief, fire department.
SECTION 6. Penalty. Any person who, by any act or omission, fails to comply
with the provisions of this ordinance to prevent the outbreak of fires and/or in case fire has
broken out in any place within the municipality fails to assist in any manner whatever
provided for in this ordinance, and/or prevents other person or persons from performing
their duties provided for herein, shall suffer a fine of ONE THOUSAND FIVE
HUNDRED PESOS (P1,500.00) or equivalent imprisonment at the discretion of the court.
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Article 2. Establishing a Fire Zone in the Poblacion of Cabadbaran, Agusan del

Norte.
SECTION 1. In relation to the Municipal Zoning Ordinance of this municipality,

the entire business district within the Poblacion is hereby declared as a FIRE ZONE.
SECTION 2. For delineation purposes, the business district shall be comprised of

and bounded as follows:
" Starting from Candelaria Institute going clockwise to the junction of

Brgy. 7 Landmark; thence going straight to F.C. Dagani street (intermedia); thence
following the street going to the triangle junction for Tolosa and Calibunan (near the
Ajero house); thence going straight to the starting point"
SECTION 3. Henceforth, no structure/establishment shall be built using light and

fire attractive, combustible materials within the above described and delineated zone.
SECTION 4. Any person, firms, corporations found violating the provisions of this
Article shall be penalized with a fine of TWO THOUSAND FIVE HUNDRED PESOS
(P2,500.00) or an imprisonment of not less than THIRTY (30) days, or both such fine and
Article 3. Requiring the inclusion of the chief of the Cabadbaran fire department to
sign building permit application and for other purposes.
SECTION 1. The chief of the Cabadbaran Fire Department be included with the
chairman, committee on town and rural planning and beautification, the municipal health
officer, and the chief of police, to sign application for building permit.
Article 4. Requiring business establishments situated within the commercial zones to

provide fire extinguishers for their respective establishments and providing penalties
therefor. (Ord. No. 1966-03)
SECTION 1. All owner or owners and/or proprietor or proprietors of any business

establishment and operator or operators of welding and machine shops, private and public
school buildings, movie houses, gasoline stations, garage, warehouses, bodegas,
apartment buildings whose establishments are situated within the commercial zones in the
Poblacion of this municipality are required to provide themselves with fire extinguishers.
SECTION 2. The fire extinguisher to be maintained at every business

establishment as provided in section 1 hereof, shall not be less than two and a half (2 1/2)
gallon capacity.
SECTION 3. Penal provision - failure to any owner or owners and/or proprietor or

proprietors and operator or operators of the business establishments and the other nature
of business mentioned in section 1 hereof, to provide themselves with fire extinguishers
as specified in section 2 hereof, within one month after the passage of this ordinance, shall
upon conviction, be fined ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) or to
an imprisonment of not more than thirty (30) days or both fine and imprisonment at the
Article 5. Requiring owners of buildings consisting of three (3) stories to provide fire
exits to their structures and for other purposes. (Ord. No. 1968-03)
SECTION 1. It shall be required among owners of buildings of three (3) or more

stories to provide their buildings with fire exits.
SECTION 2. Fire exits so provided shall always be facing any street.
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SECTION 3. Any person or persons found violating the provisions of sections 1

and 2 hereof shall be penalized with a fine of ONE THOUSAND FIVE HUNDRED
PESOS (P1,500.00) or its equivalent imprisonment or both fine and imprisonment at the
Article 6. Regulating the free flow or water along Cabangasan Creek, Poblacion,
Cabadbaran, Agusan and for other purposes. (Ord. No. 1968-07)
SECTION 1. An allowance of four (4) meters from the center to other side of
cabangasan creek shall be reserved and maintained in order to have a free flow of water.
SECTION 2. The same allowance, as prescribed in section 1 hereof, shall be made

on the entrance and exit of water in culverts installed across the same creek along national
or provincial or municipal streets.
SECTION 3. Lot owners along cabangasan creek who reclaims any portion thereof
outside the width as prescribed in section 1 hereof shall file an application for reclamation
with the office of the municipal mayor and shall comply with the following requirements,
viz:
a. A certified true copy of the land tax declaration of the lot of the applicant to
which the area to be reclaimed shall form part.
b. A sketch plan of the lot showing the boundary and the area to be reclaimed
with its corresponding number of square meters.
c. A certification of tax payments by the municipal treasurer.
SECTION 4. A reclamation fee of fifty (P50.00) pesos per square meter shall
be paid by the applicant upon approval of his application to the municipal treasurer or his
duly authorized representative.
SECTION 5. Any person or persons found violating any of the provision of

this ordinance shall be fined two hundred pesos (P200.00) or imprisonment for three (3)
months or suffer both fine and imprisonment.
Article 7. Requiring the registration of dogs, prohibiting the same animals to go

astray and for other purpose. (Ord. No. 1975-08)
SECTION 1. Dog owners are required to have their pets registered with the
office of the municipal mayor and to pay a registration fee of THIRTY PESOS (P30.00)
to the municipal mayor or his duly authorized representative who shall issue the
corresponding plate.
SECTION 2. It shall be prohibited for dog owners to let loose or set astray
their pets within the jurisdiction of the municipality of Cabadbaran, Agusan del Norte.
Astray dogs are those dogs, registered or not registered with the office of the municipal
treasurer, found roaming around the municipal streets, parks and public plazas.
SECTION 3. Dogs caught and impounded in the municipal pound may be

redeemed by their owners after the payment of one hundred pesos (P100.00) to the
municipal treasurer or his authorized representative.
SECTION 4. Dogs caught and impounded in the municipal pound may be sold
at public auction three days after their impounding or be disposed of in accordance with
the existing Animal Welfare Act of the Philippines. A dog catcher shall be appointed by
the municipal mayor and shall be authorized to catch astray dogs.
Article 8. Requiring the owners of dogs to have their dogs vaccinated with anti-
rabies vaccine and for other purposes.
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SECTION 1. Any or all dog owners are required to have his/their dogs, three
months old or over, properly vaccinated with anti-rabies vaccine.
SECTION 2. Every person whose dogs are properly vaccinated shall be issued
a certificate and a metal tag.
The certificate of vaccination shall be issued by the municipal agriculturist

which shall state the name or the owner, custodian or possessor of the
dog, the age and description of the dog, the date of vaccination, the
expiration date of the immunity, the person who administered the
vaccination, the tag number issued and such details which the
municipal agriculturist may deem necessary.
The metal tag shall likewise be issued by the municipal treasurer who shall
impress it with a serial number and the year in which the tags were
issued. This tag shall be worn by the dog at all times suspended in a
conspicuous manner from a collar.
SECTION 3. Any dog owner, possessor or custodian shall pay to the municipal
treasurer or his authorized representative the amount of thirty pesos (P30.00) for the
certificate and metal tag issued for the dog. PROVIDED that, dogs which are vaccinated
by a Private Veterinarian shall be given a tag by the municipal treasurer upon presentation
of the card of vaccination and payment of thirty pesos (P30.00).
SECTION 4. The municipal agriculturist or any of his personnel in

collaboration with a livestock inspector, if available in the locality, shall perform the
vaccination of dogs.
SECTION 5. Failure of any dog owner, possessor or custodian to comply with

the provisions of this ordinance will mean a fine of five hundred pesos (P500.00) or
imprisonment of five (5) days or both fine and imprisonment at the discretion of the court.
SECTION 6. Appropriation - an initial fund of five thousand pesos shall be

source from the general fund to help defray the necessary expenses in the implementation
of the provision of this ordinance thereafter the Sangguniang Bayan shall appropriate
annually based on the budget presented by the municipal treasurer the funding
requirement for the continued implementation of the ordinance, subject to the usual
government accounting and auditing rules and regulations.
Article 9. Prescribing policies and guidelines on disaster prevention control and

management during celebrations/festivities in the municipality of Cabadbaran,
Agusan del Norte, to be known as 'code of public safety'
SECTION 1. Declaration of policy - it is hereby declared the policy of the

municipality to adopt precautionary measures that will guarantee the protection and
preservation of life of inhabitants during local celebrations such as, festivals, fiestas, fairs,
parades, processions and similar assemblies.
SECTION 2. The following shall be the guidelines during festivals/celebrations,

which shall be coordinated by chairman, Sangguniang Bayan committee on public safety
and the municipal engineer, to wit:
a) Warning signs should be put up when repairing potholes, diggings and other
excavations.
b) Sidewalks should be cleared of obstruction.
c) Specific area for ambulant vendors should be designated.
d) Appropriate traffic signs should be installed and enforcement of traffic ordinances
should be implemented.
e) Proper placement of streamers or buntings and other materials should be installed
over roads, alleys and highways at least 14 ft from the ground.
f) Loading capacities of public utility vehicles should be monitored to ensure safety
of passengers.
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g) Require organizers to submit detailed action plan before recommending approval

of permits.
h) Coordinate the activities of all sectors involved in the planning, preparation and
conduct of all celebrations.
i) To monitor the designs of floats, platforms, stages and others as to:
1. Structural soundness and safety
2. Enforcement of maximum load capacities
3. Installation for electrical wiring of floats, platforms, towers, stages, street
lighting and sound system to be supervised by a licensed electrician to
insure that no incidence or electric shock will occur.
4. Combustible decorative materials should not be combined with electric
bulbs, nor balloons be inflated or used as decorations near electric bulbs or
lighted candles.
SECTION 3. the police station commander shall:

a) Maintain peace and order in the locality
b) Enforce traffic and other related ordinances on public safety
c) Provide protection and ensure safety of all persons from criminal elements.
d) Monitor movements of people and deploy police officers when festivities are
being held.
e) Oversee the smooth flow of traffic of people and vehicles.
f) Provide other emergency safety measures to cope with any eventuality during
local celebrations.
g) Regulate the use of firecrackers during festivals and fiestas, etc.
h) Designation of place (s) where pyrotechnic materials will be exploded during
celebrations.
SECTION 4. The Fire Marshall shall take charge in the implementation of fire
safety and readiness to respond to emergencies, and should see to it that:
a) Fire trucks and other fire-fighting equipment including local paramedic teams
to be on full alert status during celebrations.
b) Require the festival organizer to submit a detailed action plan for the local
celebrations before using the required permit.
c) Coordinate the activities of all sector involved in the planning, preparations
and conduct of local celebrations.
SECTION 5. The chairman of the festival organizers shall be responsible to the

following:
a) Ensure that all safety precaution as contained on the code of public safety are
strictly in the code of public safety are strictly observed in the planning,
preparation and actual conduct of local celebrations.
b) Designate Marshals to guarantee safety and orderliness during parades,
processions, and similar activities.
c) Prepare detailed action plan for the local celebration to be submitted to the
office of the mayor, copy furnished the police station commander.
Article 10. Prohibiting the carrying of concealed deadly weapons and providing
penalties therefore.
SECTION 1. Any person who hide/conceal any deadly weapons in his person
shall be liable under this provision.
SECTION 2. Deadly weapons include the following, firearms, knife, bolo, ice
pick, balisong, and such other weapons of the same nature.
SECTION 3. Any person who hide/conceal any deadly weapons in his person
shall not be liable under this provision if such weapons are used in relation to his
employment or profession.
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SECTION 4. Any person violating the provisions of section 1 shall upon

conviction in a court of competent jurisdiction be punished by a fine of not less than one
thousand pesos or by imprisonment for a period of not less than 30 days.
Article 11. Prohibiting the construction of residential houses, buildings and other
establishments near the esteros, creeks and riverbanks of Cabadbaran, Agusan del
Norte.
SECTION 1. No person or group of persons is allowed to construct residential

houses, buildings and other establishments near creeks, esteros and river banks of public
domain within the territorial jurisdiction of the municipality of Cabadbaran, Agusan del
Norte;
SECTION 2. Residential houses, buildings and other establishments that are

erected and constructed near the esteros and riverbanks of public domain shall, upon the
passage of this ordinance be given a notice to transfer and vacate the area;
Section 3. any person or group of persons found violating this ordinance shall be fines
P2,000.00 or imprisonment of 6 months or both fine and imprisonment at the discretion
of the court.
Article 12. Regulating the diggings or excavation works along the municipal streets
of the municipality of Cabadbaran, Agusan del Norte and providing penalties for
violations thereof.
SECTION 1. All private contractors and sub-contractors undertaking diggings or

excavation works including government units undertaking projects and units undergoing
repair along streets in the municipality of Cabadbaran are hereby required to put up
warning signs at the front and back of the project area and provide the barricade.
SECTION 2. The warning sign should be at least 2 feet in width and 4 feet long
and the barricade should be a wooden barricade.
SECTION 3. The excavated area or project should be provided with lighting

facilities during nighttime.
SECTION 4. Within 15 days from completion of the project, the concerned

contractor shall clean up the area and remove all obstacles along the road and restore the
excavated portion to its original condition.
SECTION 5. Any person or group of persons, natural or juridical found violating

this ordinance shall be fined P2, 500.00 or imprisonment of 6 months or both fine and
Article 13. Regulating the height of communication and electrical lines within
Cabadbaran, Agusan del Norte and providing penalties for violations thereof.
SECTION 1. Minimum clearance of communication lines -
a. Service Drop of Communication Lines, when crossing a street, shall have

a clearance of not less than 5.50 meters from the crown of the street of sidewalk
over which it passes.
b. Service Drop of Communication Lines shall have a minimum clearance of

3.00 meters above ground at its point of attachment to the building or pedestal.
SECTION 2. Minimum clearance of electrical lines -

Secondary, Neutral and Service Lines shall have a minimum vertical clearance of
7.5 meters from the crown of the road pavement when crossing the highway and
from the top of the shoulder or sidewalk when installed along the side of the
highway or street.
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SECTION 3. All communication and electrical lines should be suspended orderly

and neatly so as not to produce a weblike appearance.
SECTION 4. Penal provision - All person/s found violating this ordinance shall
be:
a. Imposed with a fine not exceeding Two Thousand Pesos ( P

2,000.00 or an imprisonment for a period of two to six months
or both fine and imprisonment at the discretion of the court.
b. In addition hereto, the Municipality also reserves the right to
cancel the Mayors Permit and Franchise issued to the operator.
c. In case the violator is a juridical person, the penalty shall be
imposed on the managing head responsible for the violation.
SECTION 5. Implementing agency - The Mun. Engineers Office is hereby

mandated to enforce this Ordinance.
Article 14. Strengthening the calamity/disaster control capability of the Municipality

of Cabadbaran, Agusan del Norte and appropriating funds therefor. (Ord. No. 1999-
25)
SECTION 1. Short Title - This ordinance shall be known as the Disaster

Preparedness Ordinance of Cabadbaran, Agusan del Norte.
SECTION 2. AUTHORITY - This Ordinance is enacted to supplement the

provisions of existing laws, memoranda, presidential decrees and executive orders
related to calamity/disaster management.
SECTION 3. OBJECTIVES
a. General Objectives:
1. To achieve more effective response in future calamities.

2. To have an effective relief and rescue operations during
emergencies or calamities.
3. To come-up with a comprehensive and dynamic
Municipal/Barangays Counter Disaster Plan or Municipal/Barangay
Disaster Preparedness Plan.
b. The following are the specific objectives:
1. To reduce or avoid loses of lives and properties.

2. To conduct continuous disaster preparedness skills enhancement
trainings, drills, seminars/workshops and other life saving activities.
3. To establish a quick-response Rescue Team in the municipal and
each barangay level that can be mobilized anytime or as the
need arises.
4. To purchase the needed equipment/materials/ paraphernalia necessary
for drills trainings, and to be used during emergency response
activities.
5. To achieve an effective restoration/reconstruction & rehabilitation
within the affected areas.
6. To construct mitigating & preventive measures, either temporary or
permanent structures.
SECTION 4 - DEFINITION OF TERMS
1. Disaster - A serious disruption of the functioning of a society causing

widespread human, material, or environmental losses which exceed the
ability of the affected society to cope within its own resources.
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2. Disaster Management - refers to the range of activities designed to

maintain control over disaster and emergency situation and to provide a
framework for helping at risk persons to avoid or recover from the
impact of the disaster.
3. Emergency response - Activities undertaken immediately following a

disaster. It includes damage and needs assessment, immediate relief, and
rescue and debris clearance.
4. Rehabilitation - Activities that are undertaken to help the victims return
to normal life and be re-integrated into the regular community
functions. It includes restoration of repairable public utilities, housing,
and resettlement inclusive of provision of new livelihood activities.
5. Reconstruction - Return of community to pre-disaster situation which

includes replacement of infrastructure, lifeline facilities and putting order
in the physical environment, utilizing post-disaster assistance to improve
long-term development prospects.
6. Development - Relationship of disaster-related factors with national

developmental planning, This planning should include mitigation
measures and should consider potentials for increased disaster risk
(e.g. building in vulnerable areas).
7. Mitigation - Measures to reduce the impacts of disaster e.g., construction

of sea walls or river bank protection.
8. Prevention - measures that actually stop disaster from occurring or any

action taken to eliminate or avoid harmful natural phenomena and their
effects.
9. Preparedness - measures taken to limit the impact of phenomena by

structuring response and establishing a mechanism for effecting a quick
and orderly equipment; evacuation and sheltering plans, strengthening
or protecting critical facilities, etc.
10. Warning - Information given to the public when a threat has been
identified and assessed is about to affect a particular area, e.g. a cyclone
is moving towards an area.
SECTION 5. ESTABLISHMENT OF QUICK RESPONSE RESCUE TEAMS
The Municipal and barangay governments shall establish/ organize a Quick

Response Rescue Teams (QRRTs) at Municipal and barangay levels, composed of
able-bodied individuals (volunteers) within 45 days after the approval of this
Ordinance. The lists of volunteers shall be submitted to the MDCC Chairman thru
his/her Municipal Disaster Action Office/Mun. Civil Defense Management
Coordinator within 10 days after its creation.
SECTION 6. SOURCES OF FUNDS
a) From the Disaster Preparedness Program to be included in the

Annual Budget under the General Fund of the Municipality and
its barangays or to be supplemented, in compliance with Sec. 9
of PD 1566. The Sangguniang Bayan shall allocate a minimum
amount of P 100,000.00 a year to be used for trainings, drills,
seminars/workshop and other life saving activities.
The barangays shall also allocate in their respective Annual

Budgets an amount agreed upon by the ABC for the purpose.
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b) A minimum amount of P 30,000.00 a year shall be allocated by

the municipality from the 20% Development Fund as authorized
by the 20% DF guidelines, in the Annual Budget or be
supplemented for the purchase of needed equipment/materials
necessary for the rescue teams and for demonstration purposes
during drills, trainings and other life saving activities. Any
balance of the appropriation at the end of the year must be re-
appropriated and added to the same program.
For the barangays, the provision of sub-section (a) of this

Section shall apply.
c) From the Emergency Response Assistance Program of the General

Fund to be included in the municipal annual budget with a
minimum amount of P 50,000.00 to be used for the immediate
purchase of goods and other needs to aid the distressed
barangays
For the barangay counterpart funds, the provision of sub-

section (a) of this Section shall apply.
d) 02% of the 5% Calamity Fund of the current year of this

municipality and its barangays can be used for pre-disaster
programs and activities
e) Other additional sources as appropriated by the Sangguniang

Bayan/Sangguniang Barangay.
f) Monetary donations in the form of trust fund from any

individuals, groups, government and non-government agencies.
g) In kind donations from individuals, groups, government and non-

government agencies.
SECTION 7. Responsible for the prioritization of programs/projects/ activities:
1. Municipal Disaster Coordinating Council (MDCC)
The MDCC shall be responsible for the formulation and prioritization

of programs/projects/activities of the municipal level in coordination and
support to the Barangay Disaster Coordinating Council (BDCC). It shall
have the following duties and obligations:
a. Submit to the Sangguniang Bayan for approval, a well-prepared

updated Municipal Counter Disaster Plan or Municipal Disaster
Preparedness Plan with hazard maps on or before the 15th day of
January each year, or on
a date set by the Sangguniang Bayan upon proper notification.
Such plan must contain the consolidated Barangay Counter
Disaster Plans. As of the year of approval, the plan must be
submitted to the Sangguniang Bayan within 30 days after the
approval of this Ordinance.
b. Formulate/Prioritize and submit to the Sangguniang Bayan for

approval, a list of proposed projects programs/activities with
program of works and training designs for the municipal level
that conforms the 02% of the current 5% Calamity Fund (for
pre-disaster programs and activities only) and other sources, if
any . It shall be submitted on or before the 15th day of January
each year, or on a date set by the Sangguniang Bayan upon
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proper notification. As of the year of approval, it must be

submitted within 45 days after the approval of this Ordinance.
c. Submit to the Sangguniang Bayan for approval as soon as

possible any changes in programs, activities or projects, as it find
necessary, as approved during the MDCCs special or emergency
meeting.
2. Barangay Disaster Coordinating Council (BDCC)
The BDCC shall be responsible for the formulation and prioritization

of programs/projects or activities at the Barangay Level. It shall
have the following duties and obligations:
Submit to the MDCC Chairman, thru the Municipal

Disaster Action Officer/Municipal Civil Defense
Management Coordinator, a Sangguniang barangay
duly approved Barangay Counter Disaster Plan or Barangay
Preparedness Plan, with hazard maps on or before the 7th
day of January each year to be incorporated in the
Municipal Counter Disaster Plan or on a date set by the
Sangguniang Bayan. For this year of approval, it must be
submitted within 20 days after the approval of this
Ordinance.
SECTION 8. Creation of a Special Committee -
A Special Committee is hereby created to be composed of the

following:
Chairman - The Municipal Mayor

Vice - Chairman - The Municipals PNP Chief
Secretariat - The MPDC
Members - The Municipal Disaster Action Officer/
Municipal Civil Defense Management
Coordinator
- The SB Chairman on Health and Sanitation,
- The SB Chairman on Appropriations,
- The SB Chairman on Social Welfare;
- The SB Chairman on Ways and Means
- The SB Chairman on Public Property and
Infrastructure
- The SB Chairman on Transportation
- The SB Chairman on Police Matters
- The Municipal Treasurer
- The Municipal Accountant
- The LGOO
- The Mun. Budget Officer
- The Municipal Health Officer
- The Municipal Agriculturist
- The MSWDO
- The ABC President
- The Mun. Engineer
- The Chief, Mun. Fire Marshall
- 10 NGO Representatives, as chosen by the
Local Chief Executive
SECTION 9. Formulation of Implementing Rules and Regulations.
a). Within two (2) weeks after the approval of this Ordinance, the
MDCC Chairperson, the Mayor or upon his/her authorization, the MDCC
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Vice Chairman and/or the Municipal Disaster Action Officer/Municipal

Civil Defense Management Coordinator shall convene the Special
Committee as herein provided for. The Special Committee shall formulate
and issue the appropriate rules and regulations necessary for the efficient
and effective implementation of any and all provisions of this Ordinance
thereby ensuring compliance.
b). The Committee herein created shall submit its report and
recommendation to the Sangguniang Bayan within 2 weeks after its
organization for approval.
Article 15. Providing for an informers reward in the amount of P2, 000. 00 per
factual information to any person who will disclose to the proper authorities any
illegal drug activities conducted within the Municipality of Cabadbaran, Agusan del
Norte and for other purposes.(Ord. NO. 2002-04)
SECTION 1. Any person who willfully and willingly give and/or disclose valid and
factual information about drug trafficking, drug pushing and drug sessions as well
as the use and possession of illegal and prohibited narcotic drugs by a certain person
or group of persons shall be rewarded, as informers reward the amount of P
2,000.00 per information and/or disclosure. Provided, that the following conditions
concur:
1. The information must refer to actual performance or commission of the acts

mentioned above;
2. The information and testimony given resulted to actual apprehension of the
accused persons or entities;
SECTION 2. For purposes of this Ordinance, illegal and prohibited narcotic drugs
shall be as defined under the Dangerous Drugs Act of 1972 as amended.
SECTION 3. In order to protect the identity of the informer, all information relative
to any of the above stated acts must be given only to proper authorities. For
purposes of this ordinance, proper authorities shall refer to the following:
1. Mayor
2. The Chief of Police
3. SB Chairman, Comm. on Police Matters, Peace and Order and
Public Safety
4. Brgy. Captains
SECTION 4. The amount of One Hundred Thousand Pesos (P 100,000.00) is

hereby set aside annually from the Drug Prevention Program of the 20% Development
Fund of the municipality to fund the Informers Reward.
CHAPTER 7
PEACE AND QUITE
Article 1. Penalizing any person or persons who will be caught in the act of tearing
down, removing, defacing or destroying political propaganda and for other
purpose.(ord. No. 8-1967)
SECTION 1. Any person who shall deliberately cause any damage by tearing down,
removing, defacing or destroying political propaganda during election time either local or
national elections shall be liable under this provision.
SECTION 2. A political propaganda includes streamer, poster, sticker and such other
materials used during the campaign by political parties and candidates.
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SECTION 3. Any person who is found guilty under the above-mentioned provision shall
be punished by a fine not more than P2, 000. 00.
Article 2. Regulating the sale and explosion of firecrackers and for other
purposes.(Ord. No. 2-1971)
SECTION 1. It shall be unlawful for any person, group of persons, or any business
establishment or entity to sell and/or peddle firecrackers, such as, "atomic", "watusi",
"super-bomb" or any other kind of pyrotechnics, without first securing a special permit
from the office of the municipal mayor;
The special permit herein mentioned shall cover the period from December 16
to January 6 of the succeeding year.
SECTION 2. A fee of FIVE HUNDRED (P500.00) PESOS shall be collected for special
permit for selling firecrackers.
SECTION 3. No person below ten (10) years of age shall explode or detonate firecrackers;
SECTION 4.
a. Firecrackers may be exploded or detonated only at plazas, parks or open spaces
but in any case shall the same be done within a distance of fifty (50) lineal
meters from any building where inflammable or combustible substances are
kept in store, and ten (10) lineal meters from any nearest house or building,
irrespective of whether they are publicly or privately owned;
b. Firecrackers shall strictly be prohibited from being exploded or detonated

inside or within the premises of dance halls, churches, hospitals, clinics,
theaters, or school houses;
c. Lighted firecrackers shall not be thrown at any person, group of persons or
motor, animal or human drawn vehicles;
d. Firecrackers shall not be exploded during night time except on the December
24, 25 and December 31 and January 1 of the succeeding year;
e. All other sale, explosion or detonation of firecrackers on any other occasion
shall be with special permission from the municipal mayor.
SECTION 5.
a. For violation of any provision of this ordinance, a fine of not less than ONE
THOUSAND (P1,000.00) PESOS nor more than TWO THOUSAND FIVE
HUNDRED (P2,500.00) PESOS or imprisonment of not less than fifteen (15)
days nor more than Thirty (30) days or both fine and imprisonment upon the
b. Minor violators shall be dealt with in accordance with the child and youth
welfare code.
Article 3. Prohibiting the destroying, damaging and defacing of all Christmas

lanterns and other decorations in the streets and other public places within
Cabadbaran, Agusan del Norte installed by the municipal government or barangay
government.(Ord. No. 17-1994)
SECTION 1. Destroying, damaging, and defacing of all Christmas and other decorations
in the street and other public places within Cabadbaran, Agusan del Norte, installed by the
municipal or barangay government is prohibited;
SECTION 2. Any person/s found violating this ordinance shall be fined as follows:
First offense - P 500.00

Second offense - P 1,000.00
Third offense - P 2,500.00 or an imprisonment of 15 days or both
fine and imprisonment upon the discretion of the court.
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Article 4. Deputizing some members of the Barangay Tanod, this Municipality to

apprehend violators of any municipal ordinances, and providing for their incentive
share in the proceeds of penalties as consequence of their apprehension.(Ord No. 3-
1999)
SECTION 1. The Barangay Tanods, this municipality who are duly appointed as
deputized ordinance enforcers by the Municipal Mayor, are hereby authorized by this
local officialdom to assist the policemen in apprehending violators of any
Municipal Ordinances which needs apprehension of violators by authority of the
law:
SECTION 2. The Chief of Police or his designated officer is responsible to the

schedule of detail of the Brgy. Tanods;
SECTION 3. As incentive to the efforts exerted by the Barangay Tanods, a share

from the proceeds of penalties as consequence of their apprehension is hereby
authorized, as follows:
60% - Deputized Brgy. Tanods

40% - General Fund of the Municipality
SECTION 4. The Municipal Treasurer, this municipality is hereby directed to

implement the sharing process of the proceeds of penalties between the Brgy.
Tanods and the Municipality and among the Tanods aforementioned.
SECTION 5. In the event that the deputized Barangay Tanods will resort to
extortion or other illegal activities or any signs of abuse of an authority by virtue
of their deputation, the guilty Barangay Tanod will be immediately terminated from
duty and suffer an imprisonment of not less than thirty (30) days or at the
discretion of the court after conviction in a court of competent jurisdiction.
SECTION 6. When any of the deputized Barangay Tanods is terminated,

voluntarily resigns or is otherwise permanently incapacitated to discharge his
functions, the SB through the Committee on Police Matters will recommend to the
Mayor the replacement of said Brgy. Tanod.
Article 5. Prohibiting any person or persons within the municipality of Cabadbaran,

Agusan del Norte to create nuisance, public scandal and excessive drinking of
intoxicating liquor and providing penalties thereof.(Ord. No. 11-2000)
SECTION 1. Hereafter, it is prohibited to any person or persons within the

municipality of Cabadbaran, Agusan del Norte to create or make nuisance, public scandal,
and/or drink excessively intoxicating liquor.
SECTION 2. For the purpose of this ordinance, the following is hereby defined:
NUISANCE - The wrong done to a man by unlawful means disturbing in the enjoyment
of his property, or in some cases, in the exercise of a common right.
NUISANCE - PUBLIC NUISANCE - A nuisance affecting the public or the community
in general.
NUISANCE - PRIVATE NUISANCE - One both affecting some particular person or
persons.
NUISANCE - MIXED NUISANCE - One both affecting the public and doing special
individual damage.
PUBLIC SCANDAL - Injury to reputation, or rumor or general comment causing
heedless or malicious defamatory talk, that which causes scandal. - synonym: defamation,
detraction, slander, calumny, shame.
SECTION 3. For violation of any provisions hereof, shall be punished by a fine of

ONE THOUSAND PESOS (P1,000.00) for first offense and two thousand pesos for
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second and succeeding offenses or in case of insolvency of the offender to an

imprisonment of not less than five days and not more than 30 days at the discretion of the
court.
CHAPTER 8
ENVIRONMENTAL QUALITY AND PROTECTION
Article 1. Curtailing the act of destruction and/or damaging of flowers, plants,

fixtures and any or all of the improvements found, planted, grown, erected or
purposely brought in the premises of the Rizal Park, Childrens Park, and Bonifacio
Park of Cabadbaran, Agusan del Norte and for other purposes.(Ord. No. 5-1970)
SECTION 1. It shall be unlawful for any person to commit the act of picking
or removing or otherwise, which would lead to the destruction or damaging of any of the
flowers, plants, fixtures and all of the improvements, brought, grown, planted or erected
for beautification or adornment purposes in the premises of the Rizal park of Cabadbaran,
Agusan del Norte;
SECTION 2. Anyone found violating the provision of the preceding paragraph

shall be guilty of this ordinance shall be fined with P500.00 or suffer the imprisonment of
not less than 5 days in the discretion of the court, without prejudice to his liability of
reimbursing the amount of the damage; provided that, any second or subsequent offense
shall be fined by no less than P1,000.00 or suffer the imprisonment of not less than 10
days at the judgment of the court; provided further that, any commission of an
unintentional act falling within the provisions of this ordinance shall be liable only for the
damage caused;
SECTION 3. Any destruction made or caused by astray animals, such as pigs,

goats, carabaos, horses, cows and other kind of domesticated animals, falling under the
provisions hereof, shall be indemnified by the respective owners; which shall not be less
than P500.00 in all cases and P200.00 for every subsequent offense; provided that, an
amount of P10.00 per day shall be paid by the concerned owner of the astray animal
caught and impounded by the municipal treasurer, Cabadbaran, Agusan del Norte until
claimed.
Article 2. Declaring the premises of Rizal Park and Children's Park and the roads
around the said parks as 'no firecrackers zone' and providing penalties for violations
thereof.(Ord. No. 10-1992)
SECTION 1. The premises of the Rizal Park , Children's Park and the roads
around the said parks are hereby declared as 'no firecracker zone';
SECTION 2. Detonating and/or exploding of firecrackers and other similar

materials within the 'no firecracker zone' are hereby prohibited;
SECTION 3. Any person or persons violating this ordinance shall be fined of not
less than five hundred pesos but nor more than one thousand pesos or an imprisonment of
not less than 6 months, or both such fine and imprisonment at the discretion of the court.
SECTION 4. Copies of this ordinance shall be posted along the four corners of the
Rizal Park and Children's Park;
Article 3. Requiring an applicant for a building permit to secure first a certification

from the barangay captain of a tree planted in a place designated by the barangay or
the municipality for the purpose or in the lot where the building is to be located and
prescribing fees thereof.(Ord. No. 7-1992)
SECTION 1. No person, natural or juridical, shall be issued a building permit

without securing first a certification from the barangay captain of the barangay where the
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building is to be constructed, of a tree actually planted in place designated by the barangay

or the municipality for the purpose, or in a lot where the building is to be located;
SECTION 2. The applicant shall actually plant one industrial or fruit tree, as a
requirement for the certification;
SECTION 3. The barangay shall collect reasonable fee for the issuance of the
certificate of tree planting;
SECTION 4. A communal forest tree park shall be established by the barangay or

the municipality as site for the tree planting. Riverbanks may also be designated as tree
planting site of this purpose.
SECTION 5. For those who have no seedlings of fruit or industrial tree, the
municipality shall provide the seedlings at P25.00 each;
SECTION 6. No person shall be allowed to cut tress planted for the purpose in the
communal forests, tree parks and places designated as tree planting sites unless authorized
by the municipal mayor through a resolution by the Sangguniang Bayan. Cutting of trees
planted in private properties pursuant to this ordinance by owners shall be allowed only
upon securing a permit from the building official;
SECTION 7. Any person who cuts, destroys, damages or injures planted trees of
any kind along public roads, plazas, parks, other than national parks, school premises or in
any other public ground or place, or on banks or rivers or creeks, or along roads in land
subdivisions or areas therein for the common use of the owners of lot therein, shall be
punished with imprisonment of not less than 6 months but not more than one year, or a
fine of not less than P500.00 and not more than P1,000.00 , or both such fine and
imprisonment at the discretion of the court, except when the cutting, destroying, damaging
or injuring is necessary for public safety or the pruning thereof is necessary to enhance
beauty, and upon approval of the municipal mayor;
Where the offender is a juridical person, the penalty shall be imposed upon the
officer responsible for the offense;
SECTION 8. Any official issuing the certificate of tree planting to applicants

without actually planting a tree shall be fined not less than P1,000.00 but nor more than
P2,000.00 without prejudice to the filing of administrative charges;
SECTION 9. To effectively monitor the progress of the tree planting and in order
to determine the exact number of trees planted for purpose of this ordinance, the barangay
captain is hereby mandated to submit a written report to the municipal mayor every three
months as to the number of tress planted, persons who planted it, location and the status of
the tree as to its survival;
SECTION 10. The municipal agriculturist and the municipal engineer are hereby
directed to formulate the implementing guidelines for the effective implementation of this
ordinance. The implementing guidelines shall be issued within two (2) months after
approval of this ordinance;
Article 4. Requiring applicants of marriage license to secure first a certification from

the barangay captain of a tree planted in a place designated by the barangay or the
municipality for the purpose and prescribing fees thereof.(Ord. No. 8-1992)
SECTION 1. No marriage license shall be issued without certificate of tree

planting;
SECTION 2. All persons applying for a marriage license shall secure from the
barangay captain of a tree planted in a place designated by the barangay or the
municipality for the purpose;
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SECTION 3. The couple shall plant one tree, either fruit or industrial, as a
requirement in securing the certificate of tree planting. The tree shall be planted by either
one of the two contracting parties;
SECTION 4. The barangay shall collect reasonable fee for the issuance of the
certificate of tree planting to applicants who actually planted tress in the place designated
by the barangay for the purpose;
SECTION 5. A communal forest tree park shall be established by the barangay or

the municipality as site for the tree planting. Riverbanks may also be designated as tree
planting site of this purpose.
SECTION 6. For those who have no seedlings of fruit or industrial tree, the
municipality shall provide the seedlings at P25.00 each;
SECTION 7. No person shall be allowed to cut tress planted for the purpose in the
communal forests, tree parks and places designated as tree planting sites unless authorized
by the municipal mayor through a resolution by the Sangguniang Bayan. Cutting of trees
planted in private properties pursuant to this ordinance by owners shall be allowed only
upon securing a permit from the building official;
SECTION 8. Any person who cuts, destroys, damages or injures planted trees of
any kind along public roads, plazas, parks, other than national parks, school premises or in
any other public ground or place, or on banks or rivers or creeks, or along roads in land
subdivisions or areas therein for the common use of the owners of lot therein, shall be
punished with imprisonment of not less than 6 months but not more than one year, or a
fine of not less than P500.00 and not more than P1,000.00 , or both such fine and
imprisonment at the discretion of the court, except when the cutting, destroying, damaging
or injuring is necessary for public safety or the pruning thereof is necessary to enhance
beauty, and upon approval of the municipal mayor;
Where the offender is a juridical person, the penalty shall be imposed upon the
officer responsible for the offense;
SECTION 9. Any official issuing the certificate of tree planting to applicants

without actually planting a tree shall be fined not less than P1,000.00 but nor more than
P2,000.00 without prejudice to the filing of administrative charges;
SECTION 10 To effectively monitor the progress of the tree planting and in order
to determine the exact number of trees planted for purpose of this ordinance, the barangay
captain is hereby mandated to submit a written report to the municipal mayor every three
months as to the number of tress planted, persons who planted it, location and the status of
the tree as to its survival;
SECTION 11. The municipal agriculturist and the municipal engineer are hereby
directed to formulate the implementing guidelines for the effective implementation of this
ordinance. The implementing guidelines shall be issued within two (2) months after
approval of this ordinance;
Article 5. Prohibiting the cutting and transporting of logs and other forest products
within the jurisdiction of the municipality of Cabadbaran, Agusan del Norte and
providing penalties for violations thereof.(Ord. No. 7-1993)
SECTION 1. Any persons or persons, natural or juridical are prohibited to cut logs
and other forest products without proper and valid clearance or permits from the proper
government authorities;
SECTION 2. Transporting of these illegally cut logs, flitches and other forest
products is strictly prohibited;
SECTION 3. Any person or persons violating this ordinance shall be punished by

an imprisonment of not less than three months but nor more than six months or fine of not
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less than P1,500.00 but not more than P2,500.00 or both such imprisonment and fine upon
the discretion of the court;
SECTION 4. The operator or the owner of the vehicle who knowingly allows the
transportation of the illegally produced logs, flitches and other forest products shall suffer
the same penalty together with the owner of the illegal cargoes. Illegal logs, flitches and
other forest products confiscated by the local police personnel, shall be turned over to the
local environment and natural resources office in Cabadbaran, Agusan del Norte, in
coordination with the Municipal Environment Natural Resources Officer (MENRO);
Vehicles used on transporting illegal logs, flitches and other forest products shall
be impounded and would only be released upon payment of fines provided for in section 2
of this ordinance;
SECTION 5. In case the violators are juridical persons, the most senior officer of
the entity shall be held liable for the violation of this ordinance.
Article 6. An ordinance regulating the hauling and transporting of logs and other
forest products and providing penalties for violations thereof.(Ord. No. 1-2005)
SECTION 1. No person or persons, natural or juridical shall haul and transport

all kinds of logs, flitches, and other forest products beyond 5:00 P.M.
SECTION 2. For purposes of this ordinance, the following terms shall be defined
and/or construed as indicated:
a. Forest products refers to timber including lumber, pulpwood, firewood, bark,

treetop, or other forest growth;
b. Logs refers to a section of the trunk or a thick branch of a tree that has been
cut for fuel or building material;
c. Legal Documents Refers to the Certification/s issued by the DENR Local
Official (CENRO) to accompany the transport of forest products showing the
quantity/volume, type/kind/specie of forest product, place of loading,
conveyance used, date of transport, source and destination/ consignee of the
products to be transported.
d. Apprehending Officers refers to the personnel of the DENR-CENRO, this
municipality; personnel of the Cabadbaran PNP; personnel of the AFP;
municipal officials; barangay officials and civilians who are deputized
by the DENR. In case of doubt as to the meaning of other terms used in
this ordinance, the definitions used in PD 705 (Forestry Reform Code of
the Philippines as amended) shall apply.
SECTION 3. Hauling and transporting of all kinds of logs and other forest
products shall be limited from 5:00 A.M. to 5:00 P.M. only.
SECTION 4. EXEMPTION - Logs and other forest products passing through the
Municipality of Cabadbaran beyond the time limit mentioned herein, originating
outside the jurisdiction of the Municipality of Cabadbaran, Agusan del Norte shall be
exempted from apprehension, PROVIDED, that the driver or owner of the forest
products can produce all the necessary legal documents proving the legality and exact
origin of the hauled forest products.
The exemptions provided under DENR Administrative Order No. 07, series of
1994 shall also govern, as suppletory provision, in the implementation of this ordinance.
SECTION 5. Vehicles used in hauling of the products mentioned in Section

1 hereof caught transporting the subject products beyond the allowable time and
in violation of this ordinance shall be impounded and shall be released only after
full payment and/or satisfaction of the prescribed penalties.
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In the event that it will be discovered that the hauled logs and forest
products have no legal documents pronouncing their legality, the same shall be
confiscated and deposited at the DENR of Cabadbaran, Agusan del Norte, for its proper
disposition.
SECTION 6. Any person or persons, natural or juridical violating the
provisions of this ordinance shall be fined Two Thousand Five Hundred Pesos (P
2,500.00) or an imprisonment of 30 days or both fine and imprisonment at the
SECTION 7. In case the violators are juridical persons, the most Senior Officer of
the entity shall be held liable for the violation of this ordinance, including but not
limited to the apprehending officers as defined herein.
SECTION 8. This ordinance shall take effect immediately upon approval and
compliance of the posting and/or publication requirements.
Article 7. Prohibiting the cutting and transporting of coconut trees within the
jurisdiction of Cabadbaran, Agusan del Norte.(Ord. No. 11-1995)
SECTION 1. It is unlawful for a person or persons, natural or juridical to cut

coconut trees without first securing permit or authority from the Philippine coconut
authority (PCA);
SECTION 2. Transporting of illegally cut coconut trees, logs or lumber is strictly

prohibited;
SECTION 3. Operators or owners of vehicles who allow the transporting of illegal

produce coconut lumbers shall suffer the corresponding penalty;
SECTION 4. All confiscated coconut lumbers by the local police personnel shall
be deposited in the PNP station or detachment and shall be turned over to the Philippine
Coconut Authority (PCA), Cabadbaran, Agusan del Norte;
SECTION 5. Person or persons violating this ordinance shall be fined TWO

THOUSAND FIVE HUNDRED (P2,500.00) PESOS or imprisonment of one (1) month
but not more than six (6) months or both fine and imprisonment at the discretion of the
court.
Article 8. Regulating the extraction of boulders, sand and gravel within the
territorial boundaries of Cabadbaran, Agusan del Norte.(Ord. No. 14-2993)
SECTION 1. No person or persons, natural or juridical, shall be allowed to extract

boulders, sand and gravel outside their concessions;
SECTION 2. No person or persons, natural and juridical shall be allowed to

deliver boulders, sand and gravel without delivery receipts and receipts of payment per
cubic meter from any licensed concessionaires.
SECTION 3. Extracting and or hauling of boulders, sand and gravel shall be

limited from 6:00 A.M. to 6:00 P.M. only. However, extracting and or hauling of sand and
gravel beyond the above prescribed hours is allowed, provided that permit will be secured
from the PMRB allowing the extraction and or hauling during night time upon the
recommendation and approval of the Mayor or her authorized representative.
SECTION 4. Persons found violating this ordinance shall be penalized by a fine of

P2,000.00. In case the offender is a corporation, partnership, association or other juridical
entity, the penalty shall be imposed on the officer or official of the said corporation,
partnership, association or juridical entity who causes the violation thereof.
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Article 9. Imposing a Mayors permit fee for hauling business within the territorial
jurisdiction of Cabadbaran, Agusan del Norte and for other purposes.(Ord. No 2-
2000)
SECTION 1. IMPOSITION OF FEE. There is hereby imposed a Mayors

Permit Fee for hauling business in the jurisdiction of the Municipality of
Cabadbaran, Agusan del Norte in accordance with the following schedule of rates:
a. Mayors Permit Fee - P 500.00/annum
b. Sticker - P 150.00/annum/unit
SECTION 2. COVERAGE. All person, group of persons, firms and/or

corporations engaged in the business of taking, hauling, transporting, and delivering,
for profit, any products or materials, whether manufactured or natural in the
Municipality of Cabadbaran are covered by this Ordinance.
SECTION 3. PENALTIES. Owner or owners of trucks falling under the

description stated in Section 2 of this Ordinance not bearing a sticker indicating payment
of the Mayors Permit Fee, shall be subject to a penalty of Two Thousand Pesos or
equivalent imprisonment at the discretion of the court.
In case the offender is a corporation, partnership, association or other juridical

entity, the penalty shall be imposed on the officer or officers of the said
corporation, partnership, association or juridical entity who causes the violation.
SECTION 3. EXEMPTIONS. The following vehicles are exempted from this

ordinance:
a. Truck, van or any vehicle used by manufacturers, producers,

wholesalers, dealers or retailers in the delivery or distribution of
distilled spirits, fermented liquors, softdrinks, cigars and cigarettes.
b. National government agencies and local government units including

government owned and controlled corporations.
c. Vehicles used by persons who, either for himself or on commission,

travels from place to place and sells his goods or offers to sell and
deliver the same.
Article 10. Regulating the processing of gold within the Poblacion of Cabadbaran,
Agusan del Norte and for other purposes.(Ord. No. 17-1983)
SECTION 1. It shall be prohibited for any person or persons, company, firms

or corporation engaged in buying or selling of gold to process gold within the Poblacion.
SECTION 2. Processing of gold shall be allowed outside the Poblacion limit.
SECTION 3. Violators of section 2 of this ordinance shall be fined P2,000.00

or an imprisonment of two (2) months or both fine and imprisonment at the discretion of
the court, likewise in case of a company, firm or corporation the management or manager
as the case maybe shall be fined P2,000.00 or both fine and imprisonment at the discretion
of the court.
Article 11. Regulating the operation of Rod Mills.(Ord. No. 1-1985)
SECTION 1. It shall be prohibited for any person or persons, partnership,

corporation or cooperative to operate rod/ball mill within the Poblacion of Cabadbaran,
Agusan del Norte;
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SECTION 2. Poblacion as used herein shall mean the area within and bounded by
the circumferential road;
SECTION 3. Any or all person or persons, partnerships, corporation or

cooperative who own and are operating rod/ball mills in the Poblacion as of December 31,
1984 are hereby given up to and until June 30, 1985 to operate and then transfer their
mills outside the Poblacion;
SECTION 4. Rod/ball mill operators shall strictly adhere to the following terms
and conditions, to wit:
a. That they shall register their mills with and pay corresponding registration fees
to the municipal treasurer as provided for in the Municipal Tax Code. In the
registration of Ball & Rod Mills, the following should be included for
identification purposes, viz:
i. Name of the owner/proprietor
ii. Make of engine
iii. Engine Number
iv. Horse power
v. Other identifying marks/signs
b. That all municipal license/permits pertaining to mill operations shall be

promptly secured;
c. That cleanliness and sanitation as regards drainage and waste shall be strictly
observed;
d. That no refining of gold with the use of any poisonous and obnoxious
chemicals shall be allowed in the Poblacion or in any residential or inhabited
places within Cabadbaran, Agusan del Norte.
e. That operation of mills shall be from 6:00 a.m. to 7:00 p.m. only.
SECTION 5. Any person or persons, partnership, corporation or cooperative

violating any provision of this ordinance shall upon conviction be fined ONE
THOUSAND PESOS (P1,000.00) or an imprisonment of two (2) months or both fine and
In case of partnership, corporation or cooperative, the president or manager thereto

shall be held liable.
CHAPTER 9
SOCIAL SERVICES
Article 1. Providing death benefits equivalent to six months salary to any official or
employee of the municipality of Cabadbaran , Agusan del Norte who may contract
death while in the performance of his/her official function and for other
SECTION 1. Beneficiaries of any official or employee of the municipality of

Cabadbaran, Agusan del Norte who must have rendered at least one year service and may
contract death while in the performance of his/her official duties shall be entitled to a
death benefit in the amount equivalent to six months salary of the deceased; provided,
however, that any member of the municipal police force shall be entitled to the same
privileges even if his services is less than one year.
SECTION 2. Funds for this purpose shall be appropriated and incorporated in

the general municipal budget annually.
Article 2. Granting discount privileges to senior citizens of Cabadbaran, Agusan del

Norte in government sponsored shows and for other purposes.
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SECTION 1. Definition Of Terms - for purposes of proper implementation, the

following terms are defined thus:
a. Senior citizen - is a person who is 60 years of

age or older and a resident of Cabadbaran,
Agusan del Norte;
b. Government sponsored shows - refer to all kinds
and all forms of shows, drama, presentation and
recreational activities whereby entrance tickets
are sold and sponsored by the government or by
any government institution or instrumentality,
either singly or in joint cooperation on
sponsorship with private persons or entities.
SECTION 2. Proof Of Age - to be able to enjoy the privileges herein granted , the
senior citizen concerned must carry with him and present proof that he is 60 years of age
or older. Any of the following documents shall be sufficient to prove that he is a senior
citizen:
1. Voter's ID card that shows his age (60 years old or more) and his voting place in
Cabadbaran, Agusan de Norte;
2. Community tax certificate duly issued by the office of the municipal treasurer of
Cabadbaran, Agusan del Norte; or
3. ID Card duly issued by the federation of senior citizens association of Cabadbaran,

Agusan del Norte; or
4. Birth certificate or any authentic public document showing that his age is 60 years or
more.
SECTION 3. Discount Rate - every senior citizen shall be entitled to a discount rate of
twenty five percent (25%) of his/her account or obligation of the price of the entrance
ticket in a government sponsored show;
SECTION 4. Responsibility to give discount - in the case of a government-

sponsored show, the organizers, promoters, sponsors and the cashier or the person in
charge of the ticket booth shall be responsible in giving the discount herein mandated;
SECTION 5. Penalty - the organizer, promoter, sponsor, cashier or other employee

in case of a government -sponsored show who knowingly takes part in the act of refusing
to give a discount as provided in section 3 hereof shall, upon conviction, suffer a penalty
of one thousand pesos fine or imprisonment of one month or both such fine and
imprisonment at the discretion of the court. Provided however, that no criminal
prosecution may be initiated against the offender if he pays the administrative fine of
P500.00
Article 3. Establishing death and accident assistance program for all barangay
workers/volunteers in the municipality of Cabadbaran, Agusan del Norte.
SECTION 1. Title - this ordinance shall be known as the death (Natural and by
accident) and accident assistance program for all barangay workers/volunteers of the
municipality of Cabadbaran, Agusan del Norte.
SECTION 2. Objective - this ordinance is aimed at giving financial support to

the family of the deceased or injured barangay workers/volunteers to respond to the
immediate needs brought about by the accident or death; EXCPET suicides.
SECTION 3. Coverage - the assistance provided by this ordinance shall cover

all elective and appointed barangay workers such as Purok presidents, tanods, health
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workers, nutrition scholars, day care workers and members of the Lupong Tagapamayapa
during their incumbency until they shall cease to hold their respective office.
SECTION 4. Amount Of Coverage -
a) The immediate family of the deceased barangay workers/volunteers shall

receive the amount of five thousand pesos (P5,000.00) within 72 hours after
receipt of written notice of death;
b) In case of accidents in line of duty, the medical expenses incurred shall be
reimbursed but in no case shall it exceed two thousand five hundred pesos
(P2,500.00);
c) If the service connected accident will result in death, the total amount of seven
thousand five hundred pesos (P7,500.00) will be granted to the immediate
family of the deceased barangay official;
d) The Mun. Treasurer is hereby mandated to release the stated amount upon
presentation of the following:
1. In case of death - death certificate

2. In case of accident - Affidavit executed by the barangay
captain of the injured barangay official and workers/volunteers concerned, or in case of
the barangay captain the next-in-rank official, stating among others that the accident
happened in line of duty;
- Receipts of medical expenses.
SECTION 5. Source Of Funds - an amount of P50,000.00 from the 20% DF is

hereby appropriated annually to fund the Medical and Death Assistance Program. Said
amount should be deposited as Special Trust Fund and should not be used or reverted for
other purposes.
Article 4. Establishing a Mortuary Aid Fund for all bonafide members of the
Federation of Senior Citizens Association of the Philippines (FSCAP) Cabadbaran
chapter, Cabadbaran, Agusan del Norte.(Ord. No. 1999-24)
SECTION 1 - TITLE - This ordinance shall be known as an Ordinance

Establishing a Mortuary Aid Fund for all bonafide FSCAP Members (Cabadbaran
Chapter) Cabadbaran, Agusan del Norte;
SECTION 2 - OBJECTIVE - This Ordinance is aimed at giving financial

support to the family of the deceased senior citizen to respond to the immediate
needs brought about by the sudden death;
SECTION 3 - COVERAGE - The Mortuary Aid Fund created by this

Ordinance shall cover all bonafide and card-bearing FSCAP, Cabadbaran Chapter
members.
SECTION 4 - AMOUNT OF COVERAGE - The immediate family of the

deceased senior citizen or other persons shall receive the amount of P 500.00
within 72 hours after his/her death. The Municipal Treasurer is hereby mandated to
release the amount upon presentation of the following:
1. Death Certificate duly signed by the physician

2. FSCAP ID Card
3. Certification from the Chapter President that the deceased is a
bonafide member of FSCAP Cabadbaran
4. Certification from the Chapter President that the bearer is the
authorized claimant of the benefit.
SECTION 5 - SOURCE OF FUNDS - Section 5. The municipality shall

appropriate in its Annual Budget under the WELFARE FOR THE ELDERLY beginning
CY 2001 and every year thereafter, the amount of P 20,000.00 to fund the Mortuary Aid
benefit for all FSCAP Cabadbaran Chapter Members.
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Article 5. Creating Municipal Cooperative Development Council, appropriating

funds therefor and for other purposes.(Ord. No. 2000-06)
SECTION 1. TITLE This Ordinance shall be known as an Ordinance

Creating Municipal Cooperative Development Council, Appropriation Funds Therefor
and for Other Purposes.
SECTION 2. It is hereby declared to be the policy of the Municipal

Government of Cabadbaran, Agusan del Norte to undertake the actual formation
and organization of cooperatives and shall create an environment that is conducive
to the growth and development of these cooperatives.
SECTION 3. COMPOSITION The Municipal Cooperative Development
Council shall be composed of the following:
a. Chairperson of the Municipal Development Council;

b. Representative of the provincial government;
c. Representatives of government financial institutions operating the area

1 per institution;
d. Cooperative leaders including non-government organizations in the

municipal level Chairman of the different Registered Cooperatives.
e. Chairperson of the Sangguniang Bayan Committee on Cooperatives
f. Representative of the Cooperative Development Authority
The Council may create such committee that will make a coordination more
effective.
The CDA Representative shall be the Vice-Chairman of the Council. The

Municipal Agriculture Office shall provide coordinative and secretariat services to
the Council. The Chairman of the Council shall be chosen from among the
members whose term shall be for a period of not more than one year.
The Council shall meet at least once a month on a date and place agreed
upon by the members present. The decision of the Council shall be consensus.
SECTION 4. FUNCTIONS AND POWERS OF THE COUNCIL
1. To assist in the formation of policies on cooperative development within

the area of the council;
2. To harmonize and monitor the implementation of various cooperative

development plans and projects;
3. To operationalize and monitor the Cooperative Medium Term

Development Plan (CMTDP) through the effects of all sectors, and to
develop such development plans as may be required in line with the
CMTDP;
4. To share scarce resources towards the full realization of such

development plans;
5. To serve as a forum for the discussion of various problems, issues and

concerns affecting cooperatives within the area and to propose solutions
to them;
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6. To recognize and promote the observance of the principle of subsidiary

and the universal cooperative principles as embodied in the Cooperative
Code of the Philippines in the performance of the above functions.
SECTION 5. FUNDING - There shall be appropriated a minimum amount

of Ten Thousand ( P 10,000.00) Pesos annually under the Support to Cooperative
Development Council of the 20% Development Fund.
Article 6. Establishing a credit assistance to marginalized rice farmers of the

Municipality of Cabadbaran, Agusan del Norte and providing funds thereof.(Ord.
No. 2000-07)
SECTION 1. TITLE This ordinance shall be known as, Credit Assistance

Program for all Marginalized Rice Farmers of the Municipality of Cabadbaran, Agusan
del Norte;
SECTION 2. OBJECTIVE This ordinance aims to give financial assistance,

through soft loan, to the marginalized rice farmers of this municipality to enable them
to fully provide the needed inputs of their farms thereby ensuring a bountiful harvest.
SECTION 3. COVERAGE The credit assistance provided by this ordinance

shall cover only to the marginalized rice farmers who have actual farms located
within the jurisdiction of the Municipality of Cabadbaran;
For purposes of this ordinance, the term-marginalized farmers shall refer to

farmers who are actually tilling ricelands of not more than two (2) hectares.
SECTION 4. CREDIT ASSISTANCE The credit assistance which will be

received by each recipient is in the form of fertilizers, seeds and crop insurance in
the amount equivalent to TWO THOUSAND PESOS (P 2,000.00) only.
SECTION 5. POLICIES AND GUIDELINES The following are the policies

and guidelines on Credit Assistance to marginalized rice farmers of this
Municipality.
1. This program is intended only for rice farmers whose farms are within the
jurisdiction of the Municipality of Cabadbaran.
2. The farmer-recipient must be a regular member of the accredited farmers

association in his barangay with good standing record as certified by their
respective Brgy. Farmers Association President.
3. Only Farmer Field School (FFS) graduates of the municipality can avail of the
said program.
4. The concerned Farmers Association shall make a resolution recommending the
farmers who are qualified to avail the credit assistance given by the
municipality.
5. This soft loan must be paid to the Office of the Municipal Treasurer thru the
Municipal Agriculturist/Agricultural Technologists right after harvest
following the said loan.
6. The loan is in the form of inputs such as fertilizers, seeds and crop insurance
equivalent to an amount not exceeding TWO THOUSAND PESOS ( P
2,000.00 ) per farmer, at the discretion of the Credit Assistance Committee.
7. The loan application shall be approved by the Credit Assistance Committee

created for this purpose which shall be composed of the following: Municipal
Mayor, Municipal Agriculturist/ Agricultural Technologist, Chairmen of the
Committees on Agriculture and Livelihood and the Municipal Planning and
Development Coordinator.
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8. An interest of 2% per cropping shall be charged to the loan.
9. The grantee must be a member of Philippine Crop Insurance Corp. (PCIC).
10. Failure of one grantee to pay his loan will render all the rest of the recipient
farmers in the barangay not legible for a renewal of their loan.
SECTION 6. AGREEMENT - There should be an agreement for this program

between the LGU of Cabadbaran, Agusan del Norte represented by the Municipal
Agriculturist and the recipient Rice Farmers.
SECTION 7 - SOURCE OF FUNDS An amount of P 120,000.00 from the

20% DF is hereby appropriated annually to fund this program. Any remaining or
unconsummated amount from the preceding calendar year shall be treated as continuing
fund.
Article 7. Declaring as resettlement area for squatters and indigent families the
municipal lot located at Dinabucan, Barangay Mabini.
SECTION 1. The municipal owned parcel of land area located at Dinabucan, Brgy.
Mabini, this municipality is hereby declared as resettlement area for squatters and poorest
of the poor constituents of Cabadbaran.
SECTION 2. Coverage -
2.a. In the manner of selecting beneficiaries, the following order of preference

shall be observed:
2.a.1 those who are ejected

2.a.2 those living in disaster prone areas, e.g. near the river banks
2.a.3 displaced families due to developmental projects
2.a.4 living with other families
2.a.5 leaseholders
2.b. Any applicant falling under Sec. 2a, must comply with the following
requirements in order to further qualify as beneficiary, to wit:
2.b.1 below the poverty line (with P33.00 per capita income)
2.b.2 a resident of Cabadbaran for at least 5 years (uninterrupted)
2.b.3 does not own any lot within and outside the municipality
SECTION 3. Requirements For Application:
1. Certification from barangay captain/captains to support his claim of 5-year

uninterrupted residency within the Municipality of Cabadbaran
2. Certification from the Provincial Assessor's Office
3. Income tax return exemption
SECTION 4. Application Procedure:
1. Applicants should undergo interview with the MSWD Office for

evaluation/screening
2. Comply the above stated requirements
3. Applicants should sign a MOA with the MPDC Office to include:
a. Sanitation
b. Non-transferability
c. Lot assignment
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d. Prohibition of sub-leasing
4. Request for issuance of certificate of eligibility from the MSWD Office duly
approved by the Mayor.
Article 8. Establishing a medical assistance fund for all bonafide members of the
Federation of Senior Citizens Association of the Philippines, Cabadbaran Chapter.
SECTION 1. Title - this ordinance shall be known as an Ordinance Establishing a

Medical Assistance Fund for all bonafide FSCAP Members (Cabadbaran Chapter)
Cabadbaran, Agusan del Norte;
SECTION 2. Objective - this ordinance is aimed at giving financial support to the

senior citizens who are hospitalized to respond to the immediate needs brought about by
the circumstance;
SECTION 3. Coverage - the medical assistance fund created by this ordinance

shall cover all bonafide and card-bearing FSCAP Members, Cabadbaran Chapter;
SECTION 4. Amount Of Coverage - the maximum amount of One Thousand

Pesos (P1,000.00) shall be availed only once in every year by the concerned hospitalized
senior citizen, and the maximum amount of Five Hundred Pesos (P500.00) shall be
availed only once a year for out-patient senior citizens.
SECTION 5. Manner Of Claiming - the hospitalized senior citizen himself

concerned or his authorized representative shall claim the maximum amount of P1,000.00
05 P500.00, as the case maybe, from the municipal treasurer's office upon presentation of
the following:
1. Medical certificate signed by the physician

2. FSCAP ID Card
3. Certification from the chapter president that the
hospitalized person is a bonafide member of the FSCAP
Cabadbaran Chapter.
SECTION 6. Source Of Funds - the Municipality shall appropriate in its Annual

Budget under the 20% Development Fund beginning CY 2006 and every year thereafter
the amount of SIXTY THOUSAND PESOS (P60,000.00) to fund the medical assistance
benefit for all FSCAP Cabadbaran chapter members.
Article 9. Adopting R. A. No. 9048 and its implementing rules and regulations
entitled, an act authorizing the city or municipal civil registrar or the consul
general to correct a clerical or typographical error in an entry and/or change of first
name or nickname in the civil register without need of a judicial order amending for
this purpose articles 376 and 412 of the civil code of the Philippines and authorizing
the local civil registrar to collect fees through the municipal treasurer, this
municipality, in implementation thereto.
SECTION 1. The implementing rules and regulations governing the

implementation of Republic Act 9048 is hereby adopted and made an integral part of this
ordinance;
SECTION 2. Pursuant to Rule 18 of the IRR of RA 9048, the municipal civil

registrar shall collect filing and other fees for the correction of clerical and typographical
errors in an entry and/or change of first name or nickname in the civil register of the
municipality of Cabadbaran, Agusan del Norte. For this purpose, the Office of the
municipal treasurer shall issue the proper receipt for the filing fees and other charges and
shall deposit said fees in the General Fund of the LGU.
SECTION 3. No petition for correction of entry shall be acted by the Municipal

Civil Registrar if the petitioner can not present a duly issued receipt from the municipal
treasurer's office signifying payment for the fees/charges of his/her petition;
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SECTION 4. Any person violating the provisions of this ordinance shall upon
conviction, be penalized by a fine of One Thousand Five Hundred (P1,500.00) pesos. If
the offender is a government official or employee, he shall suffer the penalties provided
for under existing civil service rules and regulations, R.A. 9048 and other applicable penal
laws.
Article 10. Creating the Municipal Urban Development and Housing Board of the
Municipality of Cabadbaran, Agusan del Norte.
SECTION 1. Title - An Ordinance Creating the Municipal Urban Development

and Housing Board of the Municipality of Cabadbaran, Agusan del Norte.
SECTION 2. Definition Of Role/Functions -
Role: the board shall be the policy making body on shelter and housing programs
and to act as the one-stop housing processing center of the municipal government of
Functions:
a. Ensures the creation of the municipal urban

development and housing office (MUDHO) /
task force / unit or team directly responsible
under the Office of the Municipal Mayor.
b. Recommends all proposals for the budgetary
requirements pertinent to the operation of the
municipal development and housing office/task
force/unit/team.
c. Promulgates policies/guidelines pertinent to the
implementation of the local shelter and housing
programs in accordance with RA 7279.
d. Approves/disapproves the comprehensive
municipal shelter plan submitted by the
municipal development and housing office/ task
force / unit / team.
e. Acts as one-stop housing processing center to
process all housing related permits, clearances
and certifications, but not limited to land use
reclassification, development permits, locational
clearances and other housing related activities.
f. Recommends for approval of the Sanguniang
Bayan the certifications, clearances,
development permits and other housing related
activities of a project proponent/(s).
g. Recommends for approval of the Sangguniang
Bayan the comprehensive land use plan (CLUP)
h. Ensures the creation of the community-based
housing coordinating committee and its
implementing guidelines.
i. Advises the Sangguniang Bayan on matters of
local taxation, which may affect the local
government's different community-based
housing programs.
j. Recommends for the approval of the local chief
executive (LCE) partnership agreements with
any other government housing and private entity
or organizations, including but not limited to the
following programs: housing production
assistance, resettlement development, local
housing and cost recoverable joint venture.
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k. Recommends for approval of the Sangguniang

Bayan the accreditation of any community
housing associations (CHAs) on any related
housing projects and other private organizations
for CMP.
l. Recommends for approval of the local chief
executive and or the Sangguniang Bayan hiring
of consultants in various housing related
activities not limited to preparation of
comprehensive land use plan but also of
technical assistance of implementation of
different housing programs and preparation of
comprehensive shelter plan of the municipal
government.
m. Acts as CMP originator and enabler of any
different housing programs.
n. Recommends for the approval of the local chief
executive partnership agreements with any
government or private entity for the conduct of
proper planning sessions, trainings, seminars,
conferences and capability building in any
housing related activities or issues.
o. Authorizes the municipal treasurer, as the case
may be, to disburse funds from the special
housing trust funds to the board approved
appropriation prepared in accordance with
applicable rules and regulations.
p. Serves as advisory committee to the
Sangguniang Bayan or urban development and
housing programs such as, but not limited to,
necessity of local appropriations for the use of
the urban development and housing programs.
q. The office of the MPDC shall serve as the
housing coordinator / officer under the office of
the mayor in temporary capacity until such time
that the municipal government is already capable
of hiring a permanent and qualified housing
coordinator / officer.
SECTION 3. Composition - the municipal urban development and housing board
shall be composed of the following:
Chairman : Mayor
Co-Chairman : Chairman, Land use and housing committee of the

Sangguniang Bayan
Members : MPDC
Municipal Engineer
Municipal Urban Development & Housing

Coordinator/Officer
Municipal Environment & Natural Resources Officer

(MENRO)
DILG representative and/or ABC President
Local Commission on Audit (COA)
Representative of Key Shelter Agencies (KSA)
Representative of Federation of Different Communities
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Housing Associations (urban poor) existing in a locality if

there is any and/or any NGO/PO on housing related issues
Representative of any private professional practitioners in

housing like CREBA, SHDA and other housing related
organizations existing in a locality or at provincial level, if
there is any
Representative of provincial urban development and

housing office
(SB could add any sanguine members as many as they can,

if necessary, as members)
SECTION 4. Meeting And Quorum
a. The local board shall meet at least once a month or as often as may be
necessary.
b. The chairman or the co-chairman or any five (5) members may call a meeting.
A majority of all of its members shall constitute a quorum.
SECTION 5. Benefits - the board may submit to the Sangguniang Bayan for
approval a scheduled honorarium for the members of the board for each meeting, if funds
are available subject for existing rules and regulations.
SECTION 6. Budget Requirement -
a. The board shall submit to the Sangguniang Bayan for approval its
operational requirement for the year of the administrative and operation
of the municipal urban development and housing board and office / unit
and thereafter that will cover the salaries and wages and its benefits,
travel expenses (accommodation/transportation and allowances, etc)
and other incidental expenditures.
b. The board shall submit to the Sangguniang Bayan for consideration and
approval an annual supplemental budgetary needs when necessary
arises that will be appropriated or shall be taken from its share of the
one half (.05%) realty tax on real properties.
SECTION 7. Priorities For Financial Assistance
The municipal urban development and housing board shall extend financial
assistance as priorities to the following:
a. Victims of evictions and demolitions, if there is

no available relocation or resettlement project as
defined under Sec. Of UHDA.
b. Financial assistance to registered and accredited
community housing associations for the purpose
of equity and other incidental expenses of
housing related projects.
c. Earnest money to pay private landowners for
housing projects.
d. Down payment for the acquisition of private
property/right of way for housing related
projects.
e. Expropriation proceedings of private properties/
for low-cost and socialized housing projects.
Financial assistance extended to community housing association shall be in the

form of a loan with 6% interest rate to be charged per annum and payable in installment
basis.
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SECTION 8. Special Housing And Trust Funds
a. This provision establishes a special account to be called "special housing and

trust fund" exclusively for housing purposes.
b. The proceeds generated from the collection of the additional one half percent
(.05%) tax on real properties shall accrue to the SPECIAL HOUSING AND
TRUST FUND (SHTF) . In case of the province, the proceeds shall be equally
shared between the province and the municipal development and housing
boards; provided, however, that the proceeds shall be allocated in accordance
with the implementing rules and guidelines formulated by the municipal
development and housing board concerned.
c. All funds /monies generated and collected from various sources intended for
housing and other related development programs shall be deposited by the
municipal treasurer for the exclusive account of the special housing and trust
fund (SHTF) for the purpose of pursuing the goals and objectives of the board
in any government bank.
d. All payments, remittances, accrued interests, penalties and other charges from
the community housing associations, which benefited from any financial
assistance extended to them by the LGU or from any other sources should be
deposited in the same account.
e. Payments of accreditation of CHA and CMP private originators, CMP
origination fees, share in payment of development permits, locational
clearances and land use conversion fees and other fees for housing related
activities are sample sources of funds for special and housing trust funds.
SECTION 9. Compensation And Remuneration
a. The chairman, co-chairman and members of the municipal urban

development and housing board shall perform their duties and
responsibilities without any compensation and remuneration except
honorariums as maybe granted by the Sangguniang Bayan in its annual
appropriation or supplemental budget.
b. Except for members of the board who are not government employees
either appointed or elected shall be entitled to necessary travelling
expenses and allowance as provided for in its annual appropriation or
supplemental budget, subject to existing rules and regulations.
SECTION 10. Municipal Urban Development And Housing Unit / Office
a. This provision enables the creation of municipal urban development and

housing unit or office. This unit or office under the office of the mayor will
design programs , execute and coordinate all plans, projects and activities
relating to the implementation of community based housing and other
appropriate social housing program packages for designated target clienteles /
beneficiaries.
b. This unit or office will be having three sections: administrative and general
services section, filing operation sections and technical service section.
c. This enables to hire professional staff with a plantilla position to man the said
office /unit subject to availability of funds.
d. The main focus will be the provision of housing to the lowest 30% of the
populations who have no lots yet for their housing.
e. It will develop programs and projects meant to enhance community awareness
and participation in housing project planning and implementation. It also
concerns with the development and access for the delivery of necessary social
services ( in the areas of education, health and environmental sanitation) to its
project community residents in line with the call for holistic and integrated
development.
SECTION 11. Demolition
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Local housing shall oversee the implementation of section 28 of the UHDA or RA

7270 and its implementing rules and regulations. Provided, however, that the application
of the rules and regulations pertaining to just and humane evictions and demolition shall
not require proof of the blighted status of the areas in question or subject to court
resolution.
In this regard, the municipal urban development and housing board shall:
a. Oversee and coordinate government activities relative to consultations,

relocations and resettlement of the underprivileged and homeless
citizens in cases when evictions and demolitions affecting them are
necessary and allowed by existing laws.
b. Recommend policy measure and/or undertake appropriate action to
ensure full compliance with the constitutional mandate and statutory
requirement prior to the eviction and/or demolition affecting the
underprivileged and homeless citizens; and
c. Issue directives, rules and regulations, not otherwise inconsistent with
existing laws, as it may deem necessary to effectively carry out the
purpose of the constitutional mandate to ensure just and humane
eviction and demolition.
SECTION 12. Compliance Report
Before undertaking eviction and/or demolition affecting the underprivileged and

homeless citizens, local government unit, national government agencies or other
proponents of eviction and demolition activities, including employees of judiciary shall
submit a compliance report to the local housing board with a statement under oath, that:
a. adequate relocation as defined and outlined

under pertinent laws, rules and regulations have
already undertaken and sufficiently with the
affected residents.
b. The pre-location and post-location phases
outlined under pertinent laws, rules and
regulations have been carefully observed.
The compliance report shall include a certified list of families to be evicted and/or
relocated.
It shall be the responsibility of the local development and housing board to submit
a regular monthly accomplishment report on all the activities of the said board to the
provincial urban development and housing board copy to DILG and HUDCC Regional
Offices which in turn will be sent to the DILG/HUDCC central offices respectively.
SECTION 13. Court Order On Eviction And Demolition
Local development housing board shall represent the local government unit in any
case before any court, tribunal, quasi-judicial body or agency on eviction and demolition
of the underprivileged and homeless citizens as a remedy is sought by the complaining
party.
In this regard, all complaints for ejectment shall include a prayer for the court with
proper jurisdiction:
a. to determine whether the party defendant is an underprivileged and homeless

citizen; and
b. to compel the local government unit and/or party defendant, if indeed such
underprivileged or homeless citizen or the status of a citizen has been
established by a preponderance of evidence.
c. All complaints for ejectment which do not contain such prayer shall be treated
as a mere "scrap of paper" and shall be dismissed without prejudice to the re-
filing of another complaint. Provided, however, that prescriptive period for
has not lapsed.
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Article 11. Creating a PHILHEALTH Capitation Fund from the proceeds of the
outpatient consultation and diagnostic benefit package to be provided by the
Philippine Health Insurance Corporation (PhilHealth) for qualified indigent families
of the Municipality of Cabadbaran under the indigent sector component of the
National Health Insurance Program. (NHIP)(Ord. No. 2002-06)
SECTION 1. The use, management and disposition of the PhilHealth

Capitation Fund shall be governed by the following rules:
1. The capitation amount shall be released on a quarterly basis by the

Corporation under the following conditions:
1.1 Initial release shall be subject to prior accreditation of the

municipality-owned and managed Rural Health Units and the
payment of premium contribution by the Municipality; and
1.2 Succeeding release of quarterly capitation shall be subject to the

submission of required monitoring/evaluation reports, research
and program development as provided for under the
Implementing Guidelines of the Outpatient Consultation and
Diagnostic Package and prior payment of premiums in case of
quarterly mode of remittance.
1.3 Capitation - a payment mechanism where fixed rate, whether per

person, family, household, or group, is negotiated with a health care
provider who shall be responsible for delivering or arranging for the
delivery of health services required by the covered person under the
conditions of a health care provider contract.
SECTION 2. The disposition of the PCF shall be governed by the following

rules:
2.1 The disbursement and liquidation of the PCF shall be in

accordance with pertinent government accounting and auditing
rules and regulations;
2.2 A separate book of accounts shall be maintained by the local

government unit; and
2.3 The capitation fund shall be used only for the specified purposes
stipulated in the Outpatient Consultation and Diagnostic Package
Guidelines.
SECTION 3. The Corporation may withhold the release of the subsequent

quarterly PCFs due to any of the following:
3.1 Delay or non-payment of premium contribution;

3.2 Violation of government accounting and auditing rules and
regulations on the disbursement and liquidation of the PCF; and
3.3 Non-submission of the required reports under item 1.2 hereof.
Article 12. Prescribing guidelines for the use of the ambulance owned by the
Municipality of Cabadbaran, Agusan del Norte, providing penalties for violations
thereof and for other purposes.
SECTION 1. The ambulance of the Municipality of Cabadbaran, Agusan del

Norte, shall be used exclusively for life saving/emergency purposes
and where transportation of patients to hospitals is a priority need.
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SECTION 2. The administration and disposition of the Ambulance shall be

handled by the Municipal Health Officer under the direct control and
supervision of the Municipal Mayor.
SECTION 3. Any usage of the ambulance outside the purview of Section 1 and
Section 2 of this ordinance shall be considered illegal and shall be
subject to the penalty provided herein.
SECTION 4. The ambulance shall be parked at the RHU compound during

working days and shall parked at the motor pool during non-office
hours, Saturdays, Sundays, and Holidays, PROVIDED that the driver
shall strictly adhere to the provisions of Sections 1 and 2 of this
ordinance.
SECTION 5. The designated driver and any public official or employee, regardless
of whether or not holding office or employment in a casual,
temporary, holdover, permanent or regular capacity committing any
violation of this ordinance in conspiracy with the above-named
officials and private parties, shall be punished with a fine not
exceeding P 2,500.00 or suspension without pay not exceeding
two months depending upon the gravity of the offense after due
notice and hearing by the appropriate body duly created by the Mayor
for the purpose.
SECTION 6. This ordinance shall be posted in conspicuous places inside the

ambulance for information and guidance to all concerned.
SECTION 7. This ordinance shall take effect immediately upon approval and after
compliance of the posting and publication requirements.
Article 13. Establishing A Committee For Persons With Disability Affairs In The
Municipality Of Cabadbaran, Agusan Del Norte.
SECTION 1. There is hereby established a Committee for Persons with Disability

Affairs in the Municipality of Cabadbaran, Agusan del Norte composed of the following:
Chairman : Municipal Mayor

Vice Chairman : SB Chair - Committee on Social Welfare
Members : 1.) Mun. Social Welfare & Devlpt. Officer
2.) President of the Association of Brgy.
Councils
3.) Municipal Health Officer
4.) Accredited NGOs & POs of and for
Persons with Disabilities
5.) ROTARY Club - Cabadbaran chapter
6.) Citizen anti-Crime Assistance Group
(CAAG)
Focal Person : An employee of the municipal government
specifically chosen to handle the affairs of
the sector.
SECTION 2. The Committee shall have the following roles, functions and
responsibilities, to wit:
a. To plan, formulate, implement and monitor yearly work programs

geared in providing a PWD friendly environment within the
municipality in pursuance of the objectives of RA 7277 (the Magna
Carta for Disabled Persons);
b. To draw up and consolidate a list of available privileges of PWDs as
provided in RA 7277, especially in the fields of:
i. Employment
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ii. Education
iii. Health
iv. Auxiliary Social Services
v. Telecommunications
vi. Accessibility; and
vii. Political and Civil Rights
c. To monitor and report to the Provincial Prosecutor alleged violations of

RA 7277, especially those involving:
i. Discrimination on employment
ii. Discrimination on transportation; and
iii. Discrimination on use of public accommodations
d. To serve as a general information and liaison center to serve the needs of the
disabled persons.
e. Launch information campaign/coordinate with media to promote awareness on
disability concerns as well as to prevent, abate disabilities.
f. Draft and propose to the Sangguniang Bayan legislative measures for the
welfare of PWDs.
g. Serve as a consultative body in the issuance of building and occupancy permits
relative to the effective implementation of the BP 344 also known as the
"Accessibility Law".
SECTION 3. The Committee shall be authorized to receive grants, donations,

contributions, or gift, which shall be administered or disbursed for the purpose of which
they were given.
SECTION 4. The LGU of Cabadbaran shall provide funds for this purpose in its
Annual Budget for CY 2006 and the succeeding years. The Committee shall ensure that
the funds are expended and utilized according to the approved annual working and
financial plan and administer the same in accordance with the existing government
procedures and financial guidelines.
CHAPTER 10
AMUSEMENT, GAMES, AND RECREATION
Article 1. Regulating the playing and operation of bingo in the municipality of

Cabadbaran, Agusan del Norte, Philippines and prescribing rules and other
purposes thereof. (Ord. No. 3-1972)
SECTION 1. For purposes of the provisions of this ordinance, the term "bingo"
refers to the playing of and selecting any number prescribed in any size of card by the use
of Ping-Pong balls, whether electrically or not electrically operated, purposely thrown into
a box containing numbers defined in square compartments.
SECTION 2. The term "player" refers to a person who pays any prescribed
amount by the bingo operator before he can be considered as entry to the same.
SECTION 3. The term "operator" for the purpose refers to the person operating
and or owner of all the paraphernalia necessary in the promotion of the game such as
bingo cards, Ping-Pong balls, a square space constructed out of lumber or any kind of
material and other paraphernalia;
SECTION 4. Operators or owners of bingo game operating within the

municipality of Cabadbaran, Agusan del Norte are allowed to play publicly the game of
bingo; provided, however, that the operator or owner of the game shall first secure a
permit from the office of the municipal mayor by paying the amount of P20.00 as permit
fee annually to the municipal treasurer; provided further, that the playing of bingo shall
commence at 2:00 o'clock in the afternoon and end at 10:00 o'clock in the evening from
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Monday to Sunday; and provided finally , that minor persons are not allowed to play the
game of bingo nor they e allowed to stay inside any bongo house during any game;
SECTION 5. Any person violating the provisions of section 4 hereof shall pay
a fine of not less than ONE THOUSAND PESOS (P1,000.00) nor more than TWO
THOUSAND FIVE HUNDRED PESOS (P2,500.00) or imprisonment of 30 DAYS nor
more than 60 DAYS or both at the discretion of the court.
Article 2. Prohibiting minors to play games of mahjong. Billiard, cockfight, and

other forms of legal games and imposing fines and penalties therefor and for other
SECTION 1. Minors are not allowed to play mahjong. Billiard, cockfight, and
other forms of games allowed by law in this municipality, nor they be allowed to enter any
establishment such as billiard hall, mahjong house, cockpit arena and other establishments
of the same form while these establishments are in game or play sessions.
SECTION 2. PENALTIES - Minors found violating this Ordinance shall be

penalized as follows:
a). For the first offense - Reprimand and counseling by the

MSWD Officer or his authorized
representative
b). For the second offense - day Community Service
c). For the third and
succeeding offenses - 1 day Community service
The operator or owner of any joint (mahjong, billiard, cockfight, pool and
other forms of legal games) who shall allow minors to play shall suffer a fine of not less
than ONE THOUSAND PESOS (P1,000.00) nor more than TWO THOUSAND FIVE
HUNDRED PESOS (P2,500.00) and imprisonment of THIRTY (30) days but nor more
than SIXTY (60) days or both fine and imprisonment at the discretion of the court.
SECTION 3. The term minor referred to in this ordinance means any person
who has not reached his or her 18TH birthday at the time of the commission of the crime.
Article 3. Regulating the playing hours of billiard and marble pool which are used
for public and/or commercial purposes within the municipality of Cabadbaran,
Agusan del Norte and for other purposes.(Ord. No. 1-1973)
SECTION 1. The games of billiard pools and marble/billiard pools and other
similar games shall be played only from 12:00 o'clock high noon up to 11:00 o'clock in
the evening on any day.
SECTION 2. A fine of TWO THOUSAND PESOS (P2,000.00) or

imprisonment of one (1) month or both fine and imprisonment at the discretion of the
court shall be imposed on any owner and/or proprietor of the joints mentioned herein who
shall be caught violating the provision of section1 hereof.
SECTION 3. Any player caught violating section 1 hereof shall be fined FIVE
HUNDRED PESOS (P500.00) or imprisoned for fifteen (15) days or suffer both fine and
Article 4. Regulating the holding of beauty contests, raffles, shows and circuses
within the municipality of Cabadbaran, Agusan del Norte and for other
SECTION 1. Any person or persons, organizations, clubs, institutions public or

private, religious organizations, desiring to sponsor a beauty contest, raffles, stage shows,
circuses and other similar benefits shall obtain a permit for said purpose from the office of
the municipal mayor to be indorsed by the local offices of the department of social
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services and development, fifteen (15) days before the start of the contest of which in the
application the following shall be reflected:
a. Date and place of application
b. Name of applicant and association, organization, club, institution, religious
organization conducting the contest.
c. Nature and purpose of such beauty contest or benefit
d. Amount sought to be realized
e. An authority by means of a resolution authorizing the holding of beauty
contest, from clubs, organizations, associations and institutions.
f. Certification of the officer assuming money responsibility for all sales or
donations received and realized after the termination of the contest.
SECTION 2. Tickets, ballots, envelopes shall be serially numbered wherein

shall be stated the nature and purpose of the contest the value of the ballots, tickets, or
envelopes, the name of person/persons, organizations, clubs, associations, institutions and
religious organization sponsoring the benefit or beauty contest shall be submitted to the
municipal treasurer for registration and stamping and record the said ballots, tickets or
envelops noting the entire value to be exempted from service charge.
SECTION 3. There shall be collected a permit fee of TWO HUNDRED FIFTY

(P250.00) pesos. Permit is valid for a period of six (6) months from date of issuance
PROVIEDED, that no permit shall be issued in favor of any person/persons, clubs,
associations, organizations, more than twice in one year.
SECTION 4. No schools whether public or privately owned nor the faculty

members shall be allowed to sponsor a beauty contest under this ordinance, PROVIDED
HOWEVER, that student councils, student government, clubs and parents teachers
associations desiring to hold a beauty contest shall accompany their application for permit
to hold a benefit, a certificate executed by the officer of said organization that the
proceeds of the beauty contest shall solely or exclusively redound to the benefit of said
organization.
SECTION 5. The applicant is required to render financial report to the municipal

treasurer, copy furnished the municipal mayor and department of social welfare and
development ten (10) days after the culmination stating among others, the number of
tickets/envelops, sold or unsold, gross income, expenses and share of beneficiary,
provided that the applicant shall pay to the municipality five (5%) percent of the gross
income. The collected amount of 5% from the gross shall be spent solely for assistance
purposes to calamity victims and charity purposes under the supervision of the department
of social welfare and development, this municipality.
SECTION 6. The red cross, boy and girl scouts organizations, anti-TB, the
puericulture center and the barangay council when raising funds for their own projects a re
exempted from the operation of this ordinance.
SECTION 7. It is prohibited for any person/persons to hold benefits as

contained in this ordinance for personal gain.
SECTION 8. For violations of section 1,2,3,4,5, & 7 of this ordinance, a fine of

ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) or an imprisonment of fifteen
(15) days or both fine and imprisonment shall be imposed at the discretion of the court.
Article 5. Regulating the operation of computers, video game machines and

other similar contrivances for business purposes in the municipality of
SECTION 1. No person or persons, natural or juridical, shall operate computers,

video game machines, and other similar contrivances for business purposes without first
securing Mayor's Permit.
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SECTION 2. Operation of Computers, video game machines and similar

contrivances or "playing time" shall be from 8:00 A.M. TO 10:00 P.M., provided that:
Owners/Managers/Operators of the above mentioned establishments are prohibited to
allow minors below 18 years of age to use/play during school days except from 5:00 P.M.
to 7:00 P.M. on Fridays and Holidays only and on instances that the use of the computer is
required by the school and included in the school curriculum; PROVIDED FURTHER
that the student must present proof to the owners/managers/operators of the computer
establishments.
Section 3. No computer/internet shops and cafes shall set up in their business

establishments closed cubicles or confinements which could prompt and instigate
customers/users to perform lewd and sexual activities inside the closed
compartments/cubicles.
SECTION 4. No computers, video game machine or similar contrivances for
business purposes shall be operated within a radius of 50 meters from school and
churches;
SECTION 5. Owners/Managers/Operators natural or juridical found violating

any of the provisions of this ordinance shall be penalized as follows:
1. Stern warning for the first offense;

2. P 1,500.00 for the second offense;
3. P 2,500.00 for the third offense
4. Revocation of business permit for the fourth offense.
SECTION 6. The owners/managers/operators of computer and video game

machine establishments shall cause the posting of copies of this ordinance at
conspicuous places within their establishments.
Article 6. Regulating the game of mahjong, prescribing rules and regulations vis--
vis Presidential Decree No. 1602 and fixing license fees thereof.(Ord. No. 4-1972)
SECTION 1. No person or persons, shall own, maintain or operate any mahjong

game in which persons are permitted to play, without first securing Mayor's Permit and
pay the necessary license fees and other charges therefore as provided under the
Municipal Tax Code.
SECTION 2. No game of mahjong shall be allowed to be played except under the

following type of day:
A. Regular Permittee/Licensee -
Weekdays 12:00 noon to 12:00 midnight
Saturdays,Sundays, & Holidays 9:00A.M. to 12:00 midnight
B. The Municipal Mayor at his discretion, may grant Special Permittee/Licensee
at any time, outside of the time in paragraph A hereof, within which mahjong
game may be played.
SECTION 3. No person, 18 years old or under shall be allowed to play mahjong.
SECTION 4. Any person or persons violating any of the provisions of this

ordinance shall be penalized with:
1. Cancellation of permit/license
2. Be fined P 2,000.00 or imprisonment of not less than
six (6) months
3. Both fine and imprisonment at the discretion fo the
court.
Article 7. Regulating the use of Children's Park
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SECTION 1. The children's playing apparatuses at the children's park shall be used
exclusively by children for recreational purposes only;
SECTION 2. No vendors shall be allowed inside the children's park;
SECTION 3. No school activities , such as practice dancing, cadet drillings and the
like shall be allowed inside the park;
SECTION 4. The use of basketball court inside the park shall be charged P100.00
or a fraction thereof during daytime and P300.00 per hour or a fraction thereof during
nighttime for the use of lighting systems and upon prior permit from the municipal mayor;
SECTION 5. The kiosk at the park may be used for entertaining or other legal
purposes upon payment of FIFTY PESOS (P50.00) and upon prior permit /authority from
the municipal mayor; except the joy makers club which donated the same;
SECTION 6. Acts of any kind of vandalism inside the park is strictly prohibited;
SECTION 7. Any person found violating any of the provisions of this ordinance
shall be fined TWO HUNDRED PESOS (P200.00) or an imprisonment of not less than 15
days or both fine and imprisonment upon the discretion of the court;
Article 8. Prohibiting the operation of the game locally known as masiao and for
other purposes.
SECTION 1. The game of masiao is hereby declared as a game of chance

hence it is outlawed and prohibited within the territorial limits of this municipality;
SECTION 2. The persons involved in the operation of masiao or last two who are
known as financiers, coordinators, ushers, and bettors or takers who will be caught in the
actual act of operating the same game or caught in the possession of masiao stubs, masiao
or jai-alai tips, guides or other masiao paraphernalia shall be penalized as follows:
a) In case of financiers, the penalty to be imposed shall be a fine of P2,000.00

Philippine currency or an imprisonment of 2 months; or such fine and
b) In case of a coordinators, ushers and bettors or takers or any other person
participating in the operation of the game, the penalty shall be a fine of
P1,500.00 Philippine currency or an imprisonment of two months at the
discretion of the court;
c) In case of a financier who has a business establishment in the municipality of
Cabadbaran, the penalty to be imposed shall carry the revocation of his
business permit or license;
In case the financier is an alien, he shall be recommended for deportation
after serving his sentence.
SECTION 3. Definitions:
a) Financiers - are persons financing the operation of the game of masiao and
collecting bets from coordinators and/or ushers and paying the winning bettors
or takers;
b) Coordinators - are persons who supervises and coordinate in the operation of
the game of masiao more particularly in the distribution of masiao numbers to
the ushers;
c) Ushers - are persons who peddle and/or distribute masiao numbers written on a
piece of paper or in any other manner prescribed by him to bettors or takers;
d) Bettors or takers - are persons who pay masiao numbers usually written on a
piece of paper or any manner prescribed by the ushers and the coordinators.
Article 9. Regulating the conduct of boxing activity within the area of jurisdiction of
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SECTION 1. No boxing activity shall be held by any organization or association within

the Municipality of Cabadbaran, Agusan del Norte unless such group shall observe the
existing rules and regulations imposed by the Games and Amusement Board.
SECTION 2. Any organization or association that will sponsor a boxing activity shall
secure a permit with the Office of the Municipal Mayor upon submission of the list of
participants stating their names, ages, and addresses together with a duly notarized
certification manifesting the observance of the existing rules and regulations imposed by
the Games and Amusement Board.
SECTION 3. Failure of the officers of the organization or association to comply with the
requirements of the Municipality shall be punished by a fine of not more than P2, 500. 00.
Article 10. Prohibiting any person or group of persons to tamper with the
painting/boundary line markers on the basketball court flooring at the municipal
gymnasium, and at the Childrens Park, this municipality.
SECTION 1. Prohibition - any person, group of persons, organizations,

associations, clubs, etc., are prohibited to tamper with the painting/boundary line markers
on the basketball court flooring at the municipal gymnasium, and at the Childrens Park,
this municipality.
SECTION 2. Anybody wishing to put boundary marker intended for other

sports activities other than basketball must first ask permission from the office of the
Mayor and the Office of the Municipal engineer, both of this municipality.
SECTION 3. Penalty - any person, group of persons, organizations,

association, clubs, etc., violating any provision of this ordinance shall be punished a fine
of not more than ONE THOUSAND PESOS (P1,000.00) or equivalent imprisonment at
the discretion of the court.
Article 11. Regulating the conduct of parlor games and sale of baratillo during the
fiesta season in the municipality of Cabadbaran, Agusan del Norte.
SECTION 1. Definition Of Terms - for purposes of this ordinance the

following terms shall mean:
Parlor games - are games for amusement or

entertainment which are limited to roletas,
rolling ball, itsa-itsa, Ferris wheel, shooting
gallery, jumping ball, bingo and various kiddy
rides.
Baratillo - refers to all dry goods such as textiles,
ready made dresses and apparels, toiletries,
novelties, shoes, laces, kitchen wares, handbags,
bags, relief items, etc., offered for sale.
Fiesta season mentioned herein shall start on
January 21 and shall end on February 5 of the
same year.
SECTION 2. Schedule of operation of parlor games and sale of baratillo.
2.1. For parlor games, the operation shall start on December 20, and shall end
on February 5 of the following year.
2.2. The display of baratillo shall start on January 21 and shall end on February
5 of the same year.
SECTION 3. The conduct and/or operation of parlor games and sale of

baratillo items during the fiesta season shall be exclusively managed by the LGU of
Cabadbaran, Agusan del Norte. For this purpose, the amount of P3.00 per square meter
per day shall be collected from the owners of the parlor games or baratillo items.
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SECTION 4. The exclusive management stated in section 2 of this ordinance

may be delegated by the Mun. Mayor, at his discretion to other persons, group of persons
or instrumentalities.
SECTION 5. In applying the provision of section 4 above, the amount of not

less than FIFTY THOUSAND PESOS (P50, 000.00) should be paid in advance by the
grantee as special permit fee, before securing the necessary permit from the Office of the
Municipal Mayor or his duly authorized deputies.
SECTION 6. The following streets are hereby designated as display areas of

baratillo items, to wit:
a) Portion of L. Dagani St.
b) North and east portions of children's park
c) A. Curato and L. Dagani streets or other streets as designated by the permits
and licensing division upon review and approval by the Sangguniang Bayan.
SECTION 7. Any person or persons natural or juridical who violates any

provision of this ordinance shall be punished by a fine not exceeding TWO THOUSAND
FIVE HUNDRED PESOS (P2,500.00) or an imprisonment not exceeding six months or
both at the discretion of the court. If the violation is committed by a juridical person, the
general manager, or any person entrusted with the administration thereof at the time of the
violation is committed shall be held responsible or liable therefor.
Article 12. Strictly prohibiting any form of illegal gambling within the Municipality
of Cabadbaran, Agusan del Norte, providing penalties for violations thereof vis--vis
Presidential Decree No. 1602 and for other purposes.(Ord. No. 2002-05)
SECTION 1. Forms of illegal gambling No person shall directly or

indirectly participate or take part in any game of tong-its, chekitsa, piyat-piyat or
any other form of card games, hantak, and spider match (rabols) or any other game
or scheme, the result of which depends wholly or chiefly upon chance or hazard;
or wherein wager consisting of money, articles of value or representative of value
are made;
SECTION 2. Illegal Cockfighting No person shall directly or indirectly

participate in cockfights or bet money or other valuable things, or organize
cockfights at which bets are made, on a day other than those permitted by law
or at a place other than a licensed cockpit;
SECTION 3. Penalties Any violation of this Ordinance shall be penalized as

follows:
1st offense - P 500.00

nd
2 offense - 1,000.00
3rd & succeeding offenses - 2,000.00 or imprisonment not exceeding
two (2) months at the discretion
of the court.
CHAPTER 11
EDUCATION AND CULTURE
Article 1. Establishing a high school scholarship program, providing appropriation

therefore and for other purposes.
SECTION 1. Title - this ordinance shall be known as the municipal high school
scholarship program of the municipality of Cabadbaran, Agusan del Norte;
SECTION 2. Policy And Purpose - it is hereby declared to be the policy of the

municipality of Cabadbaran, Agusan del Norte to assist the poor but deserving high school
students earn their secondary education through a scholarship program;
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SECTION 3. Coverage - the scholarship program herein authorized shall apply

only to elementary pupils who are eligible for promotion to secondary education on any
recognized institutions of learning in the municipality. Only those scholars who are
bonafide residents of Cabadbaran shall be entitled to the scholarship program;
SECTION 4. Definition Of Terms - for purposes of this ordinance, the following terms
and phrases shall be construed to mean:
1. Poor students - refer to those students whose combined income of

parents per annum is only P36,000.00 or below;
2. Deserving students - refers to elementary students who are eligible for
promotion to secondary education on any recognized institutions of
learning in the locality and who meet the necessary standard
requirements of the municipal scholarship screening committee;
3. Scholarship program - refers to the program undertaken by the local
government unit wherein it assumes the obligation of payment of basic
tuition fee and other miscellaneous fees to the authorized school
institutions where the scholars are enrolled/admitted through this
program including but not limited to the purchase of school uniform,
rental of books and assorted materials of which is fixed to five hundred
pesos (P500.00) for the school year each scholarship beneficiary.
4. Local Government Unit - refers to the municipality of Cabadbaran,
Agusan del Norte;
SECTION 5. High school recognized under the scholarship program - the
following institutions are the recognized high schools in the municipality of Cabadbaran
which are eligible to admit scholars under this ordinance, to wit:
1. Northern Mindanao Colleges
2. Bishop Haden Institute
3. Candelaria Institute
4. Mindanao Institute
Provided, however, that institutions of learning that may hereinafter be

established in the municipality of Cabadbaran pursuant to existing laws of
the republic of the Philippines may also be eligible under this program;
SECTION 6. Requirements For Admission - the following conditions shall take

precedent in the admission to the scholarship program:
1. The applicant must be a citizen of the republic of the Philippines;

2. The applicant must be a bonafide resident of the municipality of Cabadbaran;
3. The applicant must be of good moral standing in the community;
4. The applicant must be of sound health;
5. The applicant must fall within the definition of letter (a) of section 4 hereof.
6. The applicant must be a graduate of any recognized elementary schools in the
municipality; and
7. The applicant must have at least a general weighted average of eighty five
percentile which the applicant shall maintain until his graduation from high
school;
SECTION 7. Number Of Applicants Eligible For Admission - the yearly scholars

eligible for admission in any recognized high schools in the municipality shall be
distributed in the following manner but in no case shall exceed sixty.
1. First year high school - 15 scholars

2. Second year high school - 15 scholars
3. Third year high school - 15 scholars
4. Fourth year high school - 15 scholars
No additional scholars shall be admitted to the program in excess of the limitation

provided under the foregoing paragraph.
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SECTION 8. Creation Of Municipal Scholarship Screening Committee - there shall be

created a municipal scholarship screening committee to be known as the committee to be
composed of the following:
1. Municipal Mayor, as chairman

2. Chairman, SB Committee on Education, as vice chairman
3. Chairman, SB Committee on Appropriation, as member;
4. School District Supervisor, North Cabadbaran district, as member
5. School District Supervisor, South Cabadbaran district, as member
6. Municipal Health Officer, as member
7. Private secondary school principals, as members
SECTION 9. Powers And Functions Of The Committee - the municipal scholarship

screening committee shall exercise the following powers and functions:
1) To determine the number of applicant to be admitted as scholars for every school

year;
2) Promulgate such rules and regulations as maybe necessary to carry out the purpose
of this ordinance, including the manner of admitting and/or accepting scholars;
3) Receive, gather , collect and evaluate information on the scholarship program
4) Prepare a memorandum of agreement between the participating institution
mentioned in section 5 hereof and the municipality of Cabadbaran to be
represented by the local chief executive.
5) Perform such other powers and functions as authorized by this ordinance.
SECTION 10. Appropriation - in order to carry out the objectives of this ordinance,
the sum of one hundred twenty thousand pesos (P120,000.00) shall be appropriated in the
1997 general fund budget and thereafter, such sum as may be necessary to carry out the
provisions of this ordinance shall be included in the subsequent annual municipal budget
of the municipality.
Article 2. Prohibiting the diggings of antiques, artifacts, relics, cultural properties

and other archeological items within the territorial jurisdiction of the municipality of
SECTION 1. No person or group of persons is allowed to dig, locate or excavate

for antiques, artifacts, relics, cultural properties and other archeological items within the
territorial jurisdiction of the municipality of Cabadbaran, Agusan del Norte, without
permit form the director of the national museum, manila, and corresponding permit from
the municipal mayor;
SECTION 2. Any person or group of persons found violating this ordinance shall
be fined two thousand pesos (P2,000.00) or imprisonment of six months or both fine and
Article 3. Creating and establishing a municipal museum and appropriating funds

therefore.
SECTION 1. Declaration Of Policy - it is hereby declared the policy of the

municipality of Cabadbaran, Agusan del Norte that artifacts, relics, antiques, cultural
properties and other archeological items be preserved and displayed in a museum.
SECTION 2. The municipal librarian is hereby designated as Ad Interim

Curator/caretaker of the said municipal museum until a full-pledged curator is appointed;
SECTION 3. The amount of P20,000.00 or so much thereof from the 20%

development Fund is hereby appropriated as support to the municipal museum.
Article 4. Changing the name of Mabini Elementary School to Alfonso B. Dagani

Elementary School.
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SECTION 1. The existing school name of Mabini Elementary School is

hereby changed to Alfonso B. Dagani Elementary School.
SECTION 2. This Ordinance shall take effect immediately upon approval.
CHAPTER 12
PUBLIC MORALS AND DECENCY
Article 1. Prohibiting storekeepers / owners , bartenders and waiters from wearing

sleeveless shirts (camisitas) inside any store, bar or restaurant in this municipality
and for other purposes.(Ord. No. 2-1966)
SECTION 1. Store keepers/owners, bartenders and waiters are not allowed to wear
sleeveless shirts (camisitas) inside their respective stores, bars, or restaurants especially
when they are on duty/attending to customers.
SECTION 2. Anybody caught violating the provision of section 1 hereof shall be

penalized with a fine of FIVE HUNDRED PESOS (P500.00) upon conviction.
Article 2. Prohibiting the establishments serving intoxicating liquors and cigarettes

to minors and providing penalties therefore. (Ord. No. 2001-07)
SECTION 1. The serving of intoxicating liquors and cigarettes to minors in any

establishment, such as Pub Houses, Sari-Sari Stores, Market Stalls & similar
establishments is prohibited.
SECTION 2. For definition purposes, minors shall refer to persons aged below 18
years old.
SECTION 3. Operators and/or keepers of the said Pub Houses, Sari-Sari Stores,
and Market Stalls and similar establishments found or caught violating the provision of
Section 1 hereof shall be subjected to a fine of P500.00 for the first offense; P1,000.00 for
the second offense & cancellation of license for the third offense.
Article 3. Regulating the operation of music lounges, karaoke bars, disco houses
and beer houses and other similar establishments in the municipality of
SECTION 1. TITLE - This ordinance shall be known as "An ordinance regulating

the operation of karaoke, videoke or any other type of sound equipment used in music
lounges, karaoke bars, videoke bars, disco houses, beer houses and other similar
establishment in the Municipality of Cabadbaran, Agusan del Norte and providing
penalties therefor.
SECTION 2. DECLARATION OF POLICY - It is the policy of the Municipality

of Cabadbaran, Agusan del Norte to adopt precautionary measure to at least minimize if
not eliminate untoward and harmful incidents inside the above-stated establishments to
protect and preserve the life of the inhabitants in the municipality as well as to abate
nuisance or acts which violate the norms of decency.
SECTION 3. COVERAGE - All music lounges, karaoke bars, videoke bars, disco
houses, beer houses and other similar establishments within and outside the poblacion
including rural barangays (if any) are covered by this ordinance.
SECTION 4. SOUND EQUIPMENT USAGE AND TIME REGULATION - The

usage of sound equipment in the above-stated establishments or any similar
establishments shall be reduced to 1/4 of the maximum volume starting 9:30 A.M. up to
closing time, at 2:00 A.M. the following day. One-fourth of the maximum volume shall be
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construed and presumed that the volume of the sound will not be audible outside of the
establishment.
SECTION 5. SERVING OF INTOXICATING LIQUORS AND OTHER KINDS

OF ALCOHOLIC BEVERAGES - The serving of intoxicating liquors and other kinds of
alcoholic beverages in any of the above-stated establishments and other similar
establishments including stores, market stalls, parlors, etc. is limited from 6:00A.M. up to
10:00 P.M. every day except those duly authorized establishments which are allowed to
serve intoxicating liquors from 6:00 A.M. up to 1:00 A.M. the following day.
SECTION 6. DULY AUTHORIZED ESTABLISHMENTS - for purposes of

clarity, a duly authorized establishment i.e music lounges, karaoke bars, videoke bars,
disco houses, beer houses, etc. shall have completely and satisfactorily complied with
mandatory requirements to wit:
1. Mayor's Permit to operate

2. Permit to sell intoxicating liquors and other kinds of alcoholic
beverages
3. Building construction permit
4. Certificate of final electrical inspection
5. Electrical permit
6. Sanitary permit
7. Sing-along, karaoke, videoke permits
8. Emergency exit/exit doors shall swing in the direction of exit travel
9. Provide approved type portable fire extinguishers (2 units by 20 lbs.
ABC Fire Extinguisher - dry chemical)
SECTION 7. All the above - stated establishments shall provide and display in a
conspicuous place inside their establishments, a signboard indicating therein the
restriction time for serving intoxicating liquors or any other kinds of alcoholic beverages
as well as the regulated time in using or operating the sound equipment. For
standardization and uniformity, the prescribed signboard, measuring 30 inches in length
and 24 inches in width, shall be observed:
NOTICE
TO OUR VALUED CUSTOMERS:
Please be informed that the use of sound system and

Serving of liquors and other kinds of alcoholic beverages
Is restricted:
1. Sound system shall be reduced to of the maximum

Volume starting 9:30 A.M. up to closing time at 2:00 A.M
The following day.
2. Serving of liquors and other kinds of alcoholic beverages shall

be up to 1:00 A.M. only
3. Serving of liquors to minors is strictly prohibited.
CHAPTER 13
MISCELLANEOUS PROVISIONS
100
101
SECTION 1. Penalties in the absence of specific provision therefor.- Any

person violating any of the provisions of this Code for which no penalty has been already
provided herein shall be subject to a fine of not less than FIVE HUNDRED PESOS
(P500.00) and not exceeding ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00)
or imprisonment of not less than ONE (1) Month nor more than THREE (3) Months at the
SECTION 2. Oversight Provision - The Sangguniang Bayan shall conduct a

regular review of this Code which shall entail a systematic evaluation of the
implementation, impact or accomplishments with respect to its objectives and goals. Such
review shall be undertaken by the SB Committee on Laws or the entire Sangguniang
Bayan as a Committee On The Whole.
SECTION 3. Separability Clause - In the event any part or provision of this

Code or the application of such provisions to any person or circumstances shall be held
unconstitutional or invalid, the other provisions or remainder of this Code, or application
of said provisions to other persons or circumstances, which are not affected thereby, shall
continue to be in full force and effect.
SECTION 4. Repealing Clause - All ordinances, rules or regulations which are

inconsistent with any provision of this Code are hereby repealed, amended or modified
accordingly.
SECTION 5. Effectivity, - This Code shall take effect fifteen (15) days after
compliance of the posting and/or publication requirements.
101

Code of Cabadbaran City General Ordinances

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Code of Cabadbaran City General Ordinances

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CODE OF GENERAL ORDINANCES

Cabadbaran, Agusan del Norte

The present administration of the Municipality of

The rationale behind the motility is to adopt to the

May this code assist the future bureaucrats of this

September 13, 2006, Cabadbaran, Agusan del Norte.

Hon. Herman M. Libarnes Hon. Robert N. Cong

Hon. Harris Glenn D. Puyot Hon. Rey G. Jamboy

Hon. Phillip D. Ramirez Hon. Loreto Q. Maragaas

Hon. Victoria G. Alli Hon. Ceasar Jomer Y. Ong Oh

Hon. Daniel O. Racaza Hon. Ramon M. Dagani

Hon. Val L. Villanueva Hon. Leo Dale A. Corvera

AN ORDINANCE CODIFYING THE GENERAL ORDINANCES OF THE

Be it ordained by the Sangguniang Bayan of Cabadbaran, Agusan del Norte in

SECTION 2. Relation to Prior Ordinances - The provisions of this Code which

SECTION 3. Amendment or New Chapter or Section - Any amendment shall

SECTION 4. Reference to Code - Whenever reference is made to any portion of

SECTION 5. Subsequent or New Ordinance and their Integration - All

SECTION 6. Effect of Headings -- The Chapter and Section headings do not in

SECTION 7. Construction of Code - In the construction of this Code the

SECTION 1. All business establishments maintaining bodegas at present and in

SECTION 1. No person or establishment is allowed to sell intoxicating liquor

SECTION 2. The management of any theater or any other similar establishments,

SECTION 1. The application for building construction should be accompanied

SECTION 2. Failure on the part of the applicant for building permit

SECTION 2. Placing of numbers - it shall be the duty of the municipal

SECTION 4. Taking down, altering, defacing, etc. of numbers - it shall be

SECTION 6. Penalty - any person violating the provisions of this ordinance

SECTION 1. Drinking of liquors and intoxicating beverages inside the premises of

SCHEDULE OF FAIR MARKET VALUE

1st Class----------------------------- 160.00

4th Class------------------------ 122.490.00

Accessoria or Raw Houses:

Apartments, Boarding Houses, Lodging Houses:

Garage, Quarter, Laundry & Guard House:

Hotels, Motels, Hospitals, Banks, Condos, & Offices:

Theaters, & Assembly Houses:

Restaurants, Shopping Centers, Markets:

Factories, Warehouses, Bodegas:

Bowling Lanes & Pelota Courts:

Swimming Pools & Bath Houses:

Gasoline Stations & Refining Plants:

Poultry Houses, Hog Sheds, Goat Sheds & Sheds:

Article 8. Prohibiting smoking in school campuses, public conveyances and specified

SECTION 1. Title this ordinance shall be known as the no smoking ordinance

SECTION 2. Definition of terms when used in this ordinance, the term:

a) School campuses refer to the spaces or grounds belonging to or enclosed by

a) Public and private school buildings and campuses;

SECTION 4. The owners, proprietors and/or managers of establishments and

with the following printed words, SMOKING IS PROHIBITED HERE, MUNICIPAL

SECTION 5. Owners/proprietors or manager of business establishment specified

SECTION 6. Schools authorities, health officers, CADENCE members and

SECTION 7. Any violation of this ordinance shall be fined, as follows:

a) First offense - P300.00

Article 9. Prohibiting the establishments serving intoxicating liquors to minors and

SECTION 1. The serving of intoxicating liquors to minors in any establishment,

Article 10. Establishing a pre-marriage counseling program prescribing fees

SECTION 1. Creation of municipal pre-marriage counseling team - there shall

MSWDO team Leader

SECTION 2. Powers and functions of the pre-marriage counseling team - the

1. Install/operationalize mechanism for retrieval of applicants names from the

SECTION 3. Pre-marriage counseling service protocol - the following

SECTION 4. Imposition of fees - a service fee of P60.00 shall be collected