WHEREAS, Section 16 of Republic Act (R.A.) No. 7160 otherwise known as the Local Government Code of 1991 provides that “Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare”;
WHEREAS, Section 18 of Republic Act No. 7160 provides that: “Local government units shall have the power and authority to create their own sources of revenue and to levy taxes, fees and charges which shall accrue exclusively for their use and disposition and which shall be retained by them”;
WHEREAS, due to the upcoming Undas or All Saints Day and All Souls Day, the Filipinos are expected to gather in public and private cemeteries to honor, remember and pay homage to the dearly departed, the City Government of San Juan deemed it necessary to provide assistance to the families by allowing the establishment of bazaar exhibitor at San Juan City Public Cemetery;
NOW THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN JUAN, METRO MANILA, IN A SESSION DULY ASSEMBLED THAT:
SECTION 1. TITLE – This Ordinance shall be called “AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF COMMERCIAL BAZAAR AT SAN JUAN CITY PUBLIC CEMETERY AND PROVIDING THE GUIDELINES THEREOF”
SECTION 2. AUTHORITY TO ENTER INTO CONTRACTS – The City Mayor, Honorable Francisco Javier M. Zamora, as represented by the head of San Juan City Cemetery Affairs Office, is hereby authorized to enter into contracts with all commercial bazaar exhibitors at San Juan City Public Cemetery on 29 October 2022 (Saturday) to 2 November 2022 (Wednesday).
SECTION 3. BAZAAR EXHIBITION GUIDELINES – The following guidelines shall be implemented:
1. All applicants must register and signup with the City Tourism and Cultural Affairs Office;
2. Bazaar duration will be from 29 October 2022 to 2 November 2022;
3. The organizer maintains the right to select and accept applicants for the bazaar. Selected exhibitors must update their filled-out forms;
4. The organizer maintains the right to assign the area of the exhibitor;
5. Payment for the rent is non-refundable and non-transferable;
6. Subleasing of the slot is not allowed;
7. Exhibitors must provide their own trash cans and must clean up their own area;
8. Exhibitors are not allowed to extend or encroach outside their rented booth/area within the tent;
9. Exhibitors must provide their own tables and chairs. Tables should have a red table cloth to ensure uniformity with other stalls;
10. Although security for the bazaar is provided, the organizers and the City Government of San Juan are not liable to any loss or damages incurred during any man-made or natural calamities;
11. Selling of any kind of alcoholic drinks are not allowed;
12. Consumption of alcoholic beverages on-site is prohibited;
13. Exhibitors/Sales associates and everyone involved at the bazaar must be fully vaccinated and minimum health protocols shall be implemented;
14. Exhibitors must secure a special permit from the Business Permits and Licensing Office (BPLO) to finalize their slot;
15. Exhibitors must only sell products approved by the organizers from their list submitted through their application;
16. Organizers may confiscate unauthorized products; and,
17. Organizers reserves the right to cancel slots of exhibitors for any violation of the guidelines.
SECTION 4. IMPOSED RATES – Rent for the exhibitors is Fifteen Thousand Pesos (P15,000.00) for the entire duration, inclusive of electricity and tent assignment.
Local San Juan City vendors and/or sellers shall only be charged Eight Thousand Pesos (P8,000.00) provided that they submit an original barangay certificate for purposes of verification.
SECTION 5. The City Legal Officer shall certify that all contracts of lease are in order and not contrary to existing laws, rules and regulations.
SECTION 6. The City Treasurer is hereby authorized to collect fees and charges.
SECTION 7. IMPLEMENTING OFFICES – The Office of the City Mayor through the San Juan City Cemetery Affairs Office, City Tourism and Cultural Affairs Office and Business Permit and License Office and other offices necessary to implement this Ordinance.
SECTION 8. SEPARABILITY CLAUSE – If, for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid by a competent court, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
SECTION 9. REPEALING CLAUSE – All Ordinances contrary to or inconsistent with any of the provisions of this Ordinance is hereby repealed and/or modified accordingly.
SECTION 10. The authority, issuance and approval hereof is subject to and conditioned upon compliance to certain restrictions and to all existing laws, circulars, rules and regulations.
SECTION 11. EFFECTIVITY – This Ordinance shall take effect upon approval.