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City Ordinance No. 2018-047

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PRESENT: Hon. Rey G.

Jamboy City Vice Mayor


Presiding Officer
Hon. Leo Dale A. Corvera, SP Member
Hon. Oliver C. Bulang, SP Member
Plenary Floor Leader
Hon. Phillip D. Ramirez SP Member
Hon. Jerich B. Cuasito, SP Member
Hon. Alan M. Asio, SP Member
Hon. Joan A. Monding, SP Member
Hon. Crestin Joy V. Bermudez, SP Member/
SK Federation President

ABSENT: Hon. Nieva C. Famador, SP Member


Hon. Andres M. Ceniza, Jr., SP Member
Hon. Leo M. Jongko, SP Member
Hon. Arvin P. Balinos, SP Member
Hon. Val L. Villanueva, SP Member/
President, Liga ng mga
Barangay

CITY ORDINANCE NO. 2018-047


AN ORDINANCE CREATING THE TECHNICAL WORKING GROUP
FOR THE ESTABLISHMENT OF STREET FOOD PARK OR A
COMMON SELLING AREA FOR STREET FOOD VENDORS IN
THE CITY OF CABADBARAN, PROVIDING FUNDS THEREOF,
AND FOR OTHER PURPOSES

WHEREAS, Article II, Section 9 of the Philippine Constitution provides that the
State shall promote a just and dynamic social order that will free the people from poverty
through policies that promote full employment, a rising standard living, and an improved
quality of life for all;

WHEREAS, Article XIII, Section 2 of the Philippine Constitution, stipulates further


that the promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance;

WHEREAS, in the midst of exorbitant costs of living and unprecedented inflation,


more and more people are exploring other avenues to augment their income, and as an
alternative, ventures on sidewalk food vending, which is illegal in the City of Cabadbaran
under the Municipal Ordinance No. 11-1993;

WHEREAS, despite prohibitions, there is still a rising number of street food


vendors, wherein people along with the influx of students have become regular patrons;
usually doing trade along City streets using improvised food carts or stalls which sell
various sorts of ready-to-eat foodstuffs and drinks;

City Ord. No. 2018-047 - - - /


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WHEREAS, it is apparent that they somehow contribute to the City’s economy


considering that they also play a role in the flow of local goods, food business operators,
purchasers and consumers within the food business industry, including the food supply
chain;

WHEREAS, it is unfortunate that these sidewalk vendors, as illegitimate business


owners, are often perceived as nuisances from obstructing vehicular and human traffic,
and causing pollution along sidewalks and thoroughfares;

WHEREAS, this Sanggunian, as the policy-making Body, deems it necessary to


devise preemptive actions, so as to protect the rights of the street food vendors by
legitimizing their means of livelihood through creating a food park, where they can
display their food commodities in a lawful way, and at the same time attracting tourists
into the City’s local food industry.
NOW THEREFORE

BE IT ORDAINED, by the 4th Sangguniang Panlungsod of Cabadbaran City,


Agusan del Norte, in its 107th Regular Session, that:

SECTION 1. TITLE – This Ordinance shall be known, for brevity, as


“AN ORDINANCE CREATING THE TECHNICAL WORKING GROUP FOR THE
ESTABLISHMENT OF STREET FOOD PARK IN CABADBARAN CITY.”

SECTION 2. SCOPE –This Ordinance shall cover all existing street food vendors
operating within the territorial jurisdiction of the City of Cabadbaran. As such, it shall not
include vendors of similar foods who have established business locations and are
presumed to have permits and are paying appropriate business taxes to the
City Government.

SECTION 3. POLICY – The City Government of Cabadbaran strongly advocates


the State policy to afford full protection to labor and to those engaged in business or
other entrepreneurial undertakings resulting in gainful employment or income generating
activities. Toward this end, the City shall accommodate the interest of those who are
engaged in a noble livelihood, in this case, street food vending, and extend them the
mantle of protection of the law.

SECTION 4. DEFINITION OF TERMS – The following words and phrases,


whenever used in this Ordinance shall be considered as defined in the Section:

a. Street food – shall refer to any prepared cooked and ready-to-eat food sold by
vendors for immediate consumption, via hand-carry food bags, portable food
booth, food trailers / carts, or makeshift mobile canteen displayed in a street or
other public location, e.g., fish balls, fried chicken meat, chicken feet, “ isaw” or
small intestines, bananacue, turon, maruya, siomai, pork/chicken barbeques,
kwek-kwek, assorted viand in plastic container/cellophane, and all sorts of ready-
to-eat foodstuffs and drinks;
City Ord. No. 2018-047 - - - /
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b. Street Food Vendor – shall mean any person engaged in vending street foods,
maybe stationary or ambulant and moving around the city from place to place.
Such person may or may not have a channel, i.e. food cart/trailer or make shift
stall/booth resembling a mobile canteen, hence, subject person may carry his/her
merchandise by hand and move from place to place by foot while selling street
foods;

c. Food Park – shall denote to the common selling area to be provided by the City
Government for food vendors, in this case, street food vendors, where they can
legally display their ready-to-eat foodstuffs and drinks, on conditions that they
meet the requirements set by this Ordinance, by the implementing offices and by
the existing legislations in food handling such as the Food Safety Act of 2013 and
Code on Sanitation of the City of Cabadbaran.

SECTION 5. OBJECTIVES – With due allegiance to the State’s policy of fighting


poverty and uplifting the quality of life of its constituents, as well as recognizing the
widely-accepted principle that “those who have less in life should have more in law”, the
City Government shall adopt the following objectives:

a. To protect the rights of street food vendors by legitimizing their honest means of
livelihood, through the provision of Food Park where they can display their food
commodities in a lawful way without obstructing sidewalks, alleys, and vacant
areas along roads;

b. To initiate plans to upgrade or improve the condition of street food vendors,


particularly the over-all appearance and ambiance of their food business that
would be more descent or appealing to the general public;

c. To set a precursor for the implementation of more proactive and doable


regulations, thereby, making the street food industry a viable source of livelihood,
giving opportunity to existing and would-be vendors to improve their enterprise as
duly-recognized food establishments of the City;

d. To attract the consumers, specially the tourists and food adventurers in a one-stop
food hub where they can find varieties of local street foods, all in one place.
City Ord. No. 2018-047 - - - /
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SECTION 6. CREATION OF FOOD PARK– To carry out the foregoing


objectives, a Technical Working Group (TWG) for the establishment of Food Park shall be
created in the City of Cabadbaran, which shall compose of the following:

Chairperson : City Mayor


Co-Chair : City Vice Mayor
Members : Chairman, Committee on Commerce, Trade and Industry
Chairman, Committee on Economic Enterprises
Chairman, Committee on Tourism, Culture and the Arts
Chairman, Committee on Health and Nutrition
City Planning and Development Coordinator
City Economic Enterprise Management and Business
Relations Development Bureau (CEEMBRDB) –
Manager
City Business Permits and Licensing Officer
City Engineer
City Tourism Officer
City Health Officer
City Budget Officer
City Building Official
Senior Environment Management Specialist

SECTION 7. FUNCTIONS – The Technical Working Group (TWG) for the


establishment of Food Park shall:

a. Initiate the establishment of Food Park in the City by procuring or acquiring a


strategic location that is easily accessible to the public in order to attract
consumers as well as tourists;

b. Conceptualize a design for the Food Park, from the specifications of the size of
food stalls / booths, appearance and the colors of benches, stools and tables,
etc., for aesthetic and uniformity purposes;

c. Conduct a mandatory registration of all street food vendors doing business of


selling street foods within the City, in order to determine their population;

d. Guarantee the safety of the foods that will be sold in the Food Park through
adhering to the mandates of the Food Safety Act of 2013 and Code on
Sanitation of the City of Cabadbaran of 2012, or other local and national laws
relating the same;
City Ord. No. 2018-047 - - - /
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e. Formulate strategies for the creation of Food Park while considering business,
tourism, health, and sanitation aspects;

f. Issue additional rules and regulations, if necessary, to effectively implement


this Ordinance.

SECTION 8. BUDGET AND FUNDING – The City Government shall allocate not
less than TWO HUNDRED THOUSAND PESOS (P200,000.00) for the implementation and
mobilization of this Ordinance, to be incorporated in the General Fund.

SECTION 9. SEPARABILITY CLAUSE – Any provision or portion of this


Ordinance found to be in violation of the Constitution or deemed invalid shall not impair
the other provisions or parts hereof which shall continue to be in force and in effect.

SECTION 10. REPEALING CLAUSE – Any Ordinance, rule, regulation or part


hereof, which are inconsistent or in conflict with the provisions of this Ordinance are
hereby repealed and/or modified accordingly.

SECTION 11. EFFECTIVITY – This Ordinance shall take effect immediately after
publication in a newspaper of general circulation in Agusan del Norte.

ENACTED AND APPROVED: SEPTEMBER 19, 2018

Author : Hon. Leo Dale A. Corvera


Co-Authors : Hon. Rey G. Jamboy
Hon. Oliver C. Bulang
Hon. Alan M. Asio
Hon. Nieva C. Famador
Hon. Leo M. Jongko
Hon. Joan A. Monding
Hon. Andres M. Ceniza
Hon. Val L. Villanueva
Hon. Crestin Joy V. Bermudez
Movant : Hon. Nieva C. Famador
Seconder : Hon. Oliver C. Bulang

CERTIFIED CORRECT:

REY G. JAMBOY
City Vice Mayor
Presiding Officer
LEO DALE A. CORVERA NIEVA C. FAMADOR
SP Member SP Member
(Absent)
City Ord. No. 2018-043 - - -/
Page 6 - - - - - - - - - - - - - /

OLIVER C. BULANG PHILLIP D. RAMIREZ


SP Member SP Member
Plenary Floor Leader

ANDRES M. CENIZA, JR. JERICH B. CUASITO


SP Member SP Member
(Absent)

ALAN M. ASIO LEO M. JONGKO


SP Member SP Member
(Absent)

JOAN A. MONDING ARVIN P. BALINOS


SP Member SP Member
(Absent)

VAL L. VILLANUEVA CRESTIN JOY V. BERMUDEZ


SP Member/ SP Member/
President, Liga ng mga Barangay SK Federation President
(Absent)

ATTESTED:

NELIA T. ALBARAN
Secretary to the Sangguniang Panlungsod Submitted
to the City Mayor:
Date: _________________

APPROVED:

KATRINA MARIE O. MORTOLA


City Mayor
Date Approved:
_________________
lmbctord2018-047
4thcitycouncil107thrs

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