INTRODUCTION Within and outside the limits of the municipals perimeter, there is an emerging development scenario transcending even

beyond the regional and national levels, thus, the

urgency of the need to refocus development efforts is an imperative. The obvious reason is not only to keep abreast with the on-going development trends, but as well as to accelerate the development process that will eventually bring about upliftment of the quality of life of the constituents. This public market efficiency plan is the response of the present administration of the municipal government to this challenge. This Public Market Efficiency Plan is a proposed efficiency plan version that was formulated by the MPM-Nueva Ecija students for the completion of their Masteral in Public Management with the collaboration of LGUs particularly in the Municipality of Jaen acknowledge and permitted to adopt as a blue print/basis of Public Market Code of Jaen. This is not totally a new plan itself because many of the previous plans components are already integrated and part of the Medium- Term Development Plan. Similarly, the formulation of this plan was conducted in a participatory manner. It is the result of consultations, collaborations and coordination among local government units within the province, the academic institutions, the national line agencies and other sectors who are the stakeholders in development. What Jaenios hope to achieve in the next five years in the infrastructure, economic, social and development administration sectors is clearly outlined in the plan. Complete as it is, we also recognize the fact that this efficiency plan alone cannot cover all the facets of development. We believe, however, that its own enthusiasm shall provide the necessary forward thrusts that will spin-off further levels of development. Further, we hope that this proposed efficiency plan is enough to meet the development challenges we are facing in the
1

next five years and enough to create the foundations that will set the stage for regaining Jaens position as one of the premier municipalities in Nueva Ecija. Please refer to Appendix C for a more detailed discussion about the Municipality of Jaen.

Statement of the Problem

This research study was done to identify and tackle the existing problems, issues and concerns related to the operation and management of Jaen Public Market with the ultimate goal of doing innovative actions and strategies for its efficiency and improvements. One of the basis of which are the findings and recommendations of the Commission on Audit Report of 2006. Please refer to Appendix D. The study focuses on the market operation and management specially its annual income as local economic enterprise and the budget utilized for it in the last 3 years from 2006 to 2008 to assess the strengths and weaknesses of the previous and current system of operation. Included in the study are the identification of issues and concerns of market vendors relative to the market facilities, amount of charges and fees they are paying, their security as owner of the stall as well as the security of their products, the agreements between the lessee and LGU and the existing rules and regulations they are following and other related issues on market operation. Survey on the market vendors was conducted to gather accurate information about the problems. Likewise, interviews and survey to personnel of four public markets in Nueva Ecija were done to assess the performance level of Jaen public market operation and hopefully replicate best practices of outstanding public markets. Objectives of the Study
2

The general objective of this Governance Innovation Report is to have a research study about the Jaen Public Markets operations. Specifically, its objectives are:
1. To identify the existing problems, issues and concerns and help the public market

personnel and LGU to improve its management and operation.

2. To suggest strategies to improve collection efficiency of market that can sustain and or can

support its operating expenses and hopefully in the near future after payment of loan amortization to be an additional source of income for the improvement of social services and other obligations rendered by the local government of Jaen.
3. To evaluate and replicate best practices of outstanding public markets in some areas as it

will be of big help for improvement and efficiency of Jaen Public Market operation.
4. To make recommendations that would assist the municipal leaders in the formulation and

implementation of ordinances for market administration and operation effectively and efficiently.

Significance of the Study

Markets today must meet specific requirements for a wide variety of market users, including farmers, cooperatives, packing houses, specialty and general retailers, supermarkets, secondary wholesalers, institutional buyers (e.g. the army), large restaurants, hotels and retail food outlets (e.g. food chains), importers and exporters, as well as transport operators, banks and other businesses. Public markets should be linked closely with farmers and producers throughout the province and nearby possible markets.

Market managers need to recognize and understand the particular role their market is expected to play in the economy at any point in time. They must be aware of the changes taking place in the society being served by the particular market and the likely impact of these changes on retail distribution and sales, and subsequently on wholesalers and retailers. As already indicated, this could require major changes such as a shift in location to more appropriate facilities, changes to the produce range traded, different approaches to wholesaling, retailing, product handling, transport, storage, packaging, and all aspects of sales and distribution. It may require changes to quality standards and their administration, to the way market quantities and prices are recorded and used, and to the support services required in the market. The goal of this Government Innovation Report to have a research study about the Jaen public markets operations, tackle the existing, issues and concerns and identify the possible alternative and effective solutions that will help the public market personnel and LGU to improve its management and operation is achieved. Likewise the concern of the LGU to make the public market be self-sustaining and an income generating agency to support the debt services/obligation, maintain the market operating expenses and to be additional source of fund for the social services rendered by the local government of Jaen was also attained. The Proposed Public Market Efficiency Plan shall serve as a basis of the Sangguniang Bayan Councils to have a workable Jaen Market Code that will promote the marketing operations efficiency and become a center of entrepreneurial business. These are to sustained and promote livelihood, income and market opportunities supportive of poverty alleviation through the application of proposed marketing operations. REVIEW OF RELATED LITERATURE

Market refers to the group of consumers or organizations that is interested in the product, has the resources to purchase the product, and is permitted by the law and other regulations to acquire the product. The market definition begins with the total population. Public Market is a public place where gathering held for buying and selling merchandise. It is a place where goods are offered for sale. A store or shop that sells a particular type of merchandise: a vegetable market. The business of buying and selling a specified commodity: the mango market. A subdivision of a population considered as buyers: cosmetics for the upscale market. The opportunity to buy or sell; extent of demand for merchandise: a big market for agriculture products. Major Issues for Effective Public Market Management The major issues which can have an impact on effective public market management are: a. Appropriate control of assets Failure to clearly define ownership of assets and consequently the responsibility for maintenance and replacement of assets can lead to serious inefficiencies in market operation. b. Necessary powers and authority Marketing management requires sufficient powers and authority (delegated by the local government) to effectively manage the market. These should include powers to determine the following:

rental fees and charges; minimum quantities; hours of operation; access to the market; traffic and parking controls;
5

produce unloading, loading and stacking; produce movement; allocation procedures; ability to enter into contracts and agreements (e.g. for rental of space and for market cleaning).

In addition, adequate fines and penalties should be provided to ensure compliance with market rules and rental agreements. c. Effective agreements with market users To minimize misunderstandings and to ensure compliance with the requirements of the managing authority, considerable attention needs to be given to the development, implementation and compliance aspects of tenancy agreements with traders and other renters of market space. d. Compliance with market rules, contracts and agreements Market rules and regulations should be impartially, fairly, but effectively enforced. Failure to do so can lead to congestion or confusion in the market as well as to poor hygiene and costly operations for most market users. e. Economic viability and sustainability The managing authority must develop a business plan, an annual work plan and an annual budget. The budget, based on the business and work plans, should ensure that income generated is sufficient to meet all operational costs, as well as to provide funds (in reserve) for long-term maintenance, debt services, capital replacement and reserves for staff benefits.

f. Effective relationships with market users, service providers, government agencies and other markets Conflicts can arise unless there is a strong commitment by traders to the market and an understanding of what the managing authority is seeking to achieve (e.g. if changes or increased fees are proposed). Similarly, if a government agency has to approve the budget, loans or penalties there must be an understanding of why the proposals are made and the need for a timely decision. Also, as mentioned, a market is dependent for success on the efficient operations of other markets and market centres such as collection facilities and packinghouses. Effective consultation, representation and coordination arrangements thus need to be put in place by the managing authority with market users, service providers, transport operators, government agencies and other markets. h. Operational and managerial efficiency The management and staff of the managing authority must be committed to the operation of an efficient market. This will require that the market opens on time, that traffic and parking is controlled, that produce handling and movement is efficient, that space is used appropriately without interfering with the rights of others, that market cleaning and garbage disposal is carried out regularly (at least on a daily basis) and that facilities are maintained (e.g. toilets, drinking water, telephones, fax, e-mail and support facilities such as cold stores). i. Effective decision-making structure The board of directors of the managing authority must be capable of making decisions, which can be implemented. This requires an understanding of the objectives, programmes and plans of the organization. It requires effective understanding of the role of the market and the need
7

for consultation and communication with market tenants, users and service providers, government agencies and other market managers. It requires having an efficient management and staff team. It requires each staff member to know his or her duties and how these are to be carried out. Staffs need to know what should be referred to the board of directors for policy or decision. Also, it means that the board of directors must have the necessary facts for effective decision making. This will require a meeting agenda which provides for optimal decisions which can be taken in minimum time. An agenda for a board of directors meeting would normally include: 1. Managers report: A report on market operations highlighting problem areas and areas for decision or policy. It should advise of progress in the implementation of previous decisions. 2. Financial report: A report showing for the period (month or quarter), income and expenditure compared to budget and, as required, a profit and loss statement, annual accounts and any loan proposals or debt reports. The board may request a list of all payments in the month/period. 3. Capital expenditure: Proposals on new capital expenditure. 4. Market tenancies: A summary of the current situation, proposals for new tenancies, transfers, etc. 5. Market operations: Any matter which needs to be raised on market hours, market access, traffic, parking, produce handling, cleaning, etc. 6. Matters for policy/board decision: An agenda paper for each policy issue should be prepared to give details of:

the issue - why it needs to be considered;

8

background - any information needed on the present policy, the problem identified, the legal position, the financial costs involved;

the options available; recommendation by management - giving reasons for the option selected and possible consequences of the proposed decision.

The board of directors has a responsibility to ensure that management fully implement the programmes, plans and decisions of the board in a timely and cost effective manner. j. Trained and disciplined staff Market staffs need to be well-trained in order to know what they are to do to meet the managing authoritys objectives and plans and to implement the boards decisions. Staffs require supervision to ensure their approach is disciplined and structured. Financial accountability, conscientious attendance and impartiality, fairness and consistent firmness in ensuring that market rules are observed are all essential to efficient market operations. k. Market confidence - Integrity of wholesalers Growers who wish to supply produce to a market need to have confidence in the market and its integrity - especially as regards their transactions with wholesalers. Usually the managing authority is not directly responsible for ensuring compliance with government commercial law. However, it will be necessary to take some initiative if a wholesaler is reported as consistently failing to pay suppliers the right amounts of money or to pay on time. Any evidence that a particular wholesaler may

be running into financial difficulties or even bankruptcy can affect the market and hence potential market revenue, including managing authority income. l. Politics and finance Markets subject to political intervention in terms of staff placements, allocation of space to traders or to financial kickbacks inevitably become poorly managed and poorly supported by suppliers and buyers. Also, overly ambitious capital development programs requiring large funding from reserves or loans can result in an overcapitalized market not able to be sustained by income from rentals. Market expansion, which requires large capital investment, should be based on predetermined demand and a pre-commitment agreement with the expected users of the new facilities.

Example of Actual Scenario in Public Market Issues

There were many problems regarding public markets. The design of these markets was one of these problems. Taking the Yuen Long Market as an example, the stalls on the ground floor of the market were not located in front of the entrance. Customers found such layout of the ground floor inconvenient. The first and second floors of the market attracted even fewer customers. Shops in the vicinity of the market attracted many customers but the market failed to do so; - as the shopping habits of the public were changing, the Administration had to carefully consider whether or not there was a need to build markets in future. If there was such a need, the Administration had to consider the mode of operation and functions of markets as well as whether they should be managed by the Administration.
10

The Administration was inclined to let private operators operate the markets as it was not suitable for the Administration to carry on commercial activities; and public market manage by private company he would carefully discuss with the Director of Food and Environmental Hygiene the viability of markets to see whether any of them had to be closed down. For markets with viability problem, the Administration would also explore whether there were other modes of operation which could enhance the competitiveness of stall lessees in the markets. Public markets did not have competitive edge over supermarkets as items on sale in public markets were also available in supermarkets and the service quality of supermarkets could also meet the customers requirements. The Administration would, as recommended in the Audit Report, examine the situation of every public market to identify the best way to address the viability problem.. Some markets were therefore provided with a large number of market stalls. Some of these stalls were left vacant after the commissioning of these markets; and - taking the Luen Wo Hui Market as an example, the market aimed at resiting hawkers who had been trading in vacant space in Fan Ling for many years. However, the business turnover of the stall lessees was not as good as before for the possible reason of the change in types of customers brought about by the relocation of the market place from the central area of the township of Fan Ling to the vicinity of a private housing estate. As a result, some of the stalls became vacant.

The National Market Code

11

DlLG study in 1993 reports that about ninety-four (94%) of public markets all over the country are owned and controlled by the government, mostly through local government units. Public markets are important in the economic life of the country, because these provide the physical venue where suppliers of basic commodities, mainly food are linked together with buyers and consumers, making welfare-improving exchange and trade transactions possible. Thus public markets support the life of households in the surrounding area, open up employment opportunities to vendors, and provide an indispensable impetus to economic production in general. The present state of public markets are, however deplorable. Problems of congestion, poor sanitation, ill-kept and maintained structures threaten the safety and health of people (and this includes a great majority of the citizens of the country) who avail of the facilities of public markets. In line with these problems Senate Bill No. 425 was passed to Senate. This bill sets forth the rules and regulations for the planning, management, and administration of public markets in order to upgrade the quality of services that will be available in our public markets. The present neglect that has led to the generally deplorable state of public markets nationwide effectively imposes highly inefficient taxes on the people - taxes in terms of the longer transaction time, in terms of health hazards, higher transportation costs and restricted access to the opportunities. Such inefficiencies have no place in the vibrant market economy that we envision for our country during the third millennium Public Markets are vital economic enterprises and public utilities, which contribute significantly to the income and general welfare of cities and municipalities. They provide increased livelihood opportunities and marketing services, and are usually standard barometers for the level of development of local governments. The sad plight of public markets all over the country is, therefore, becoming a serious concern for everybody seeking an immediate relief from the economic burdens presently besetting
12

our country. Certain major problems existing in majority of our public markets covering important aspects of market operations such as location, construction, sanitation, security /safety, market fee collection, and award and occupancy of stalls result in the gradual but progressive deterioration of the markets. It is thus imperative that positive action to remedy these situations be undertaken by the national leadership in support of local governments, which are charged with the management of public markets. The National Market Code being submitted to the Senate seeks to achieve this goal. This one intervention activity could enhance the role of markets as effective contributor to development. It will also help local governments maximize the utility of such units to facilitate the development of their areas. All public markets in the country are recommended to formulate their own market code anchored or in lined with the Senate Bill No. 279 or the National Market Code of the Philippines which was introduced by Sen. Aquilino Nene Q. Pimentel Jr. Pursuant to this National Market Code, there were few cities and municipalities which have formulated Market Code, like the Marikina City, Iloilo City, Municipality of San Antonio in Nueva Ecija and others.

STRATEGY OF DATA GATHERING

The study covered an evaluation of the operations and collections efficiency of the Public
13

Market from different towns, and the manner of monitoring its implementation. To attain the objective, the following activities were conducted:

Reviewed and evaluated the existing policies and procedures on Public Market; Reviewed and assessed (if any) Criteria for Best Public Market Practices or Public

Market Code;

Obtained and reviewed the National Plan, MTPDP, MTPIP, General

Appropriations Acts and other budget documents covering CY 2007 to 2010 concerned to Public Market Program;

Interviewed concerned personnel and conduit non-government agencies involved

in operation and implementation;

Reviewed and evaluated the roles and responsibilities of personnel involved in

implementation of programs/ project implemented by the municipalities;

Reviewed the monitoring mechanism in the implementation of programs/ projects

by the implementing municipalities; and

Issued queries on matters needing clarification.

RESULTS AND DISCUSSION

The old public market of Jaen was razed by fire for some unknown reasons in the year 2004. The Local Government Unit of Jaen immediately made plans on how to rebuild the public market.
14

The new Jaen public market was constructed in 2005 under the administration of former Mayor Prospero Antonio Esquivel. Based on records, the total amount utilized for the construction was 20M, loan from Land Bank of the Philippines with 10.5% interest, LBP Prime rate at the time of availment plus 3% subject to quarterly repricing which is payable within 120 monthly equal installments. Market has a total land area of 10,000 sq. meter located at Poblacion (Meat/fish section, 80 meters. Vegetable section 1,190 sq. meters; restaurant dry goods/etc. 1,200 sq. meters). Its operations started in 2006 with total of 155 stall holders/owners. The idea of good market operation is that it should be a self liquidating enterprise since the businessmen are expected to pay their fees for the spaces they are using in selling their products. But in the present situation of Jaen public market, the municipal government is spending too much for the maintenance of market operations. Based on records review, interviews, surveys and observations hereunder were some of the present problems in its operation:

Low income vs. expenses for maintenance, personnel salaries and loan

amortization. meter. Stall owners were not given certificate of ownership/rentals during the Irregular payment of stall fees/rentals by the stall owners Amount of fees/charges were not clearly determined per stall or per sq.

awarding of the stall. Market rules and regulations are not clearly determine/identify. Limited personnel to do tasks in market operations, only one collector, 1

utility worker and 10 security guards.( 5 for day shift and 5 for night shift)

15

No assigned market master to do administrative supervision and control

over the market personnel.

Duties and responsibilities of market personnel were not clearly identified. No active organization of stall owners or market vendors. Public Market Board are not yet organized Market facilities are inadequate to cater the needs of its people. Some of the

market vendors are complaining on the inadequate facilities, lack of security measures, roads are not concrete, limited and lack of maintenance on the cleanliness of comport rooms and other facilities No office exclusively for market transaction.

Upon identifying and knowing the current situations and problems existing in Jaen Public Market, the researchers deemed it necessary to create a project for the improvement of Jaen Public Market Operation. The problems identified above call for specific laws that will serve as guide for an effective Public Market Operation. Market personnel should know how to define their duties and responsibilities, act according to their duties and abide to the written laws created therein. Market fees and collection shall be based on the created laws and therefore shall be subject to monitoring and evaluation. Public market owners shall also be secured with legal documents as proof of their ownership. They shall also enjoy their rights of occupancy, create their organization for the effective and active participation of all occupants in whatever programs and projects in the market place and they shall also be provided with adequate market facilities. The project for the improvement of Jaen public market shall cater the needs of the community people, provide solutions for the many problems encountered by the stall owners as well as the market personnel

16

and consumers and make the market income adequate enough to support its needs and pay the debt for its construction. A Schedule of Market Amortization was formulated to have an orderly and efficient payment scheme as shown below:

Republic of the Philippines

17

Province of Nueva Ecija MUNICIPALITY OF JAEN

OFFICE OF THE MUNICIPAL ACCOUNTANT

AMORTIZATION SCHEDULE For the period January 1 to December 31, 2009 (With estimated computation of interest for the year) Account Name Address Amount Date Released Maturity date Term Interest Rate 3% subject Loan Purpose Schedule of payment : MUNICIPAL GOVERNMENT OF JAEN : Poblacion, Jaen, Nueva Eccija : Php20,000,000.00 : September 8,2006 : December 9,2015 : Ten (10) Years : LBP Prime rate at the time of availment plus minimum spread of to quarterly repricing : Construction of Jaen Public Market Interest Principal O/S Balance No. of day s

Total Amortization

20,000,000.00

18

09-Oct-06 09-Nov-06 09-Dec-06 09-Jan-07 09-Feb-07 09-Mar-07 09-Apr-07 09-May-07 09-Jun-07 09-Jul-07 09-Aug-07 09-Sep-07 09-Oct-07 09-Nov-07 09-Dec-07 09-Jan-08 09-Feb-08 09-Mar-08 09-Apr-08 09-May-08 09-Jun-08 09-Jul-08 09-Aug-08 09-Sep-08 09-Oct-08 09-Nov-08 09-Dec-08 09-Jan-09 09-Feb-09 09-Mar-09 09-Apr-09 09-May-09 09-Jun-09 09-Jul-09 09-Aug-09 09-Sep-09 09-Oct-09 09-Nov-09 09-Dec-09 09-Jan-10 09-Feb-10 09-Mar-10 09-Apr-10

1,698,630 .14 1,698,630 .14 1,643,836 .62 361,88 9.91 360,23 8.46 341,80 6.19 356,93 5.57 349,79 7.06 353,63 2.68 346,60 0.71 350,32 9.79 348,67 8.34 341,80 6.19 345,37 5.45 338,60 9.85 342,07 2.56 340,42 1.11 323,90 6.65 337,11 8.22 330,61 8.98 333,81 5.33 327,42 2.63 330,51 2.43 328,86 0.99 322,62 8.11 325,55 8.10 319,43 1.76 322,25 5.20 320,60 3.76 306,00 7.11 317,30 .92 .57 .01 .57 .91 .92 .80 .24 .44 .14 .79 .03 .46 .92 .37 .66 .26 .00 .15 .60 .52 .49 .87 .38 .00 .27 .72 .62 .14 .14

1,698,630 1,698,630 1,643,836 176,704 175,053 156,621 171,750 164,611 168,447 161,415 165,144 163,493 156,621 160,190 153,424 156,887 155,235 138,721 151,933 145,433 148,630 142,237 145,327 143,675 137,442 140,372 134,246 137,070 135,418 120,821 132,115

20,000,000. 00 20,000,000. 00 185,18 20,000,000. 5.19 00 185,18 19,814,814. 5.19 81 185,18 19,629,629. 5.19 62 185,18 19,444,444. 5.19 43 19,259,259. 185,185.1 24 9 19,074,074. 185,18 05 5.19 18,888,888. 185,18 86 5.19 18,703,703. 185,18 67 5.19 18,518,518. 185,18 48 5.19 185,18 18,333,333. 5.19 29 185,18 18,148,148. 5.19 10 185,18 17,962,962. 5.19 91 185,18 17,777,777. 5.19 72 185,18 17,592,592. 5.19 53 185,18 17,407,407. 5.19 34 185,18 17,222,222. 5.19 15 185,18 17,037,036. 5.19 96 185,18 16,851,851. 5.19 77 185,18 16,666,666. 5.19 58 185,18 16,481,481. 5.19 39 185,18 16,296,296. 5.19 20 185,18 16,111,111. 5.19 01 185,18 15,925,925. 5.19 82 185,18 15,740,740. 5.19 63 185,18 15,555,555. 5.19 44 185,18 15,370,370. 5.19 25 185,18 15,185,185. 5.19 06 185,18 14,999,999. 5.19 87 185,18 14,814,814.

31 31 30 31 31 28 31 30 31 30 31 31 30 31 30 31 31 28 31 30 31 30 31 31 30 31 30 31 31 28 31 30 31 30 31 31 30 31 30 31 31 28 31

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. Prepared by:

EPIFANIA P. BINUYA, CPA Municipal Accountant

Comparative approaches distinctions, similarities

The researchers made a survey on the public markets of three (3) adjacent municipalities of Jaen, Nueva Ecija which are Zaragoza. San Antonio and Talavera to be point of comparison, analysis and possible replication of best practices for the improvement of Jaen Public Market operation. The respondents on these surveys were the market administrators or the designated market supervisors. During interviews, we learned that Talavera Public Market was awarded as 2008 Outstanding Market in Nueva Ecija while San Antonio Public Market got second Place to Talavera. On the other hand Zaragoza a third class municipality is also in the process of improving their public market like Jaen. This shows that the situation of Jaen Public market has same issues and concerns with other municipalities.
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Talavera Public market has some innovations that brought them into successful economic enterprise and made their market an outstanding market in Nueva Ecija. Among their innovations are: 1. Complete staffing patterns- there are 32 employees managing the operation of the market in Talavera and 31 in San Antonio. The municipal governments give high consideration on the manpower that is significant factor for systematic monitoring of the market operation. 2. Establishment of market office- any transactions, issues and concerns were easily made in the market office which is accessible to all, the stall owners, personnel and other people that have concern to market. Collection/payment of fees and other charges was consistent and systematic since the collecting officers are always available in the market office. The lessees were informed on the system of payment of fees. All records about the operation and materials needed like computer, filing cabinets, typewriter and others are available to facilitate smooth transactions. 3. Payment of fees and permits- hundred percent (100%) of the stall owners of Talavera secured business permit and renewed annually which contributed to the income of municipal government. Payment of business permit was allowed in instalment basis

considering the expressed problem of the market vendors in paying its full amount.

21

TABLE 1: MARKET
AREA Land Area of Market Date Established Manner of Establishment Amount of Loan Mode of Payment Number of Stalls Jaen 10,000sq. Meters 2005 Loan 20,000,000.00 Instalment 155 Talavera 10,000 sq. meter s 1994-1996 Loan 20,000,000.00 Instalment 486 San Antonio 8,895 sq. meters 1991 Loan 345 Zaragoza 12,000 sq. meters 2004 By Administration 12,000,000.00 196 (175 are in use while 21 are not yet awarded

Table 1 showed information about the public markets of five municipalities including Jaen. It includes land area of public markets wherein Jaen public market has the smallest area among the five which is only 10 square meter and the newest also which was established only in 2005. Three out of these five public markets were established using loan money that will be paid by the municipal government within a certain period based on memorandum of agreement. Talavera and Jaen had the same amount of loan which is both 20M but the number of stalls constructed showed a big difference since Talavera has 486 stalls, all awarded while Jaen has 155 stalls only. During discussion with the Market Administrator of Talavera, he explained that amount of construction materials in 1994 is much cheaper than in 2005 when Jaen Public Market was constructed. Also the municipal government of Talavera had made improvements of the market through the years.

TABLE II: ANNUAL BUDGET AND INCOME

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Jaen

Talavera

San Antonio

Zaragoza

Year 2006 2007 2008

Estimated Income 644,996.88 699,858.88 1,222,599.4

Actual Income 2,493,606.51 753,063.30 1,005,654.00

Estimated Income 1,291,000 1,637,400 1,696,150

Actual Income 2,883,000.50 3,993,117.50 4,555,385.50

Estimated Income 911,000 1,001,383 1,101,000

Actual Income 1,740,000 1,125,000 1,212,000

Estimate d Income 120,000 200,000 200,000

Actual Income 790,000 1,250,000 1,980,000

The significant increase in the collection of Market Fees in 2006 was due to payment of rights of stallholders. Sad to say its very hard for the new administration to get cooperation from these stallholders when it comes to proof of ownership when the stalls were being awarded to them. They claim that its enough for them that they paid the asking amount of former administration for them to have stalls. Those who have money that can afford to acquire stalls had given the priorities to be stall owners of the new market. They are not aware that they should have certificates/contracts as proof of ownership. In the findings of COA its very clear that the former administration did not issue and award certificate of ownership. From the very start, theres no existing rules and procedures for the systematic operation of the new market.

TABLE III: TOTAL NUMBER OF PERSONNEL

Position/s nt

Jaen
Permane Temporar y/Casual nt

Talavera
Permane Temporary / nt

San Antonio
Permane Temporary / nt

Zaragoza
Permane Temporary /

23

Casual

Casual

Casual

Market Superintendent/ Supvr Market Administrator Assistant Supervisor/Admin. Market Collector Utility Security Guards Licensing Inspector Meat Inspector Market Inspector Garbage Collector Others Driver garbage Truck Total Grand Total

1 (acting) 2 10 1 2 1 1 18 18 11 32 1 1 5 1 6 9

/ (1)

1 1 1 1 3 1 21

4 1 1

3 11 5

1 2 1 1 1 1

4 1 24 31

3 1 4 10

TABLE IV: FEES

Municipality Jaen Talavera San Antonio Zaragoza

24

Goodwill

Daily

Monthl y

Goodwill

Daily

Monthl y

Goodwill

Daily

Monthly

Goodwill

Daily

Monthly

Dry Section Wet Section Vegetables

Fruits

35.00

35,000

20.00

50,000

27.50/sq.meter

20,000

15.00

35.00 35..00 35.00

20,000

20.00 20.00 20.00

5,000

10/sq meter 10/sq meter 10/sq meter

15,000 -

12.00 6.00 6.00

Sealing & testing of weights & measures Parking fee

P20-every 6 mos. -

JAEN PUBLIC MARKET LISTS OF STALL OWNERS As of June 30, 2009 WET SECTION Remark s DAILY PAYMENT

25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21-22 23 24 25 26 27-28 29-30 31 32-33 34 35

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Simeona Mangunay Marivic Reyes Zeny Flores Rodel Valenzuela Perla Casino Estelita Diaz Racquel Galang Leonor Lopez Analyn Pillarina Ronaldo Pillarina (closed) Hydee dela Pena Adora Esguerra Maria Pillarina Carmencita Pangilinan Jaime Sebastian Consuelo Ferrer Jun Santos Armida Francisco Dolly Ramos Yolanda Evangelista Chito Cruz (2 stall) Amparo Cruz (closed) Gregoria Soledad Maying Mangunay Mercy Satoya Shiella Ramos (2 stalls) Jerry Abiog (2 stalls) Amparo Cruz (Closed) Corsie (closed) 2 stalls Lorna Ramos Ammalyn Mercado

O O O O O O O O O IO-NDP O O O O O O O O O O O IO-NDP O O O O O IO-NDP IO-NDP O O

35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 70.00 35.00 35.00 35.00 70.00 70.00

35.00 35.00

26

36 37 38 39 40-41 42

32 33 34 35 36 37 DRY 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60

Maritess Geron Marlyn Ramos Emer Pallanan Engracio Cruda Danilo Pascual (2 stalls) Cather4ine Francisco (closed) SECTION Ronilo Pascual Emer Pallanan Fely Yambot (2 stalls) Rommel Ramos (2 stalls) Marlyn Ison Corazon Javate (3 stalls) Ayroso Pawnshop Rosita Lagman (2 stalls) Baby Miranda (2 stalls) Gladiola Malgapo (2 stalls) Shemilyn Salvatierra Sampang (Cell Extreme) Sampang (Ara's Salon) Baby Santos (2 stalls) Miranda Store (closed) Benilda Acon Lorna Miranda (closed) Cherrovy Agapito Ronaldo dela Pena (2 stalls) Rommel de Jesus (closed) Racquel Galang Emer Pallanan (Pestano) Luisito Soriano

O O O O O IO-NDP

35.00 35.00 35.00 35.00 70.00

43 44 45-46 47-48 49 50-51-52 53 54-55 56-57 58-59 60 61 62 63-64 65 66 67 68 69-70 71 72 73 74

O O O O O O O O O O O O O O O O O O O IO-NDP O O O

35.00 35.00 70.00 70.00 35.00 105.00 35.00 70.00 70.00 70.00 35.00 35.00 35.00 70.00 35.00 35.00 35.00 35.00 70.00 35.00 35.00 35.00

27

75-76-7778 79 80 81 82-83 84 85-86-87 88-89 90 91 92-93 94 95 96-97-9899 100 101 102-103104-105 106 107-108 109 110 111-112 113

61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 BOT 83 84 85

Anita Partacalao (4 stalls) PearlyMangunay Erlinda Castro Marlyn Ramos (closed) Eddie (closed) 2 stalls Dolly Geronimo (closed) Aida Mago (3 stalls) Luisito Soriano (closed) 2 stalls Aida Mago (closed) Mark Francis Sta. Ana Marilou dela Cruz (2 stalls) Zeny Javate (closed) Ruben Ison Ferdiand Mendoza (4 stalls) Myra Fabela Rolly Santos Upeng Varon (4 stalls) Sabina de Guzman Maria Juachon (2 stalls) Upeng Varon (closed) Adelaida Callanga Dolly Geronimo (2 stalls) Analiza Faeldin

O O O O O IO-NDP O O O O O IO-NDP O O O O O O O O O O O

140.00 35.00 35.00 35.00 70.00 105.00 70.00 35.00 35.00 70.00 35.00 140.00 35.00 35.00 140.00 35.00 70.00 35.00 35.00 70.00 35.00

114-115 116 117-118

M.M. Plastic Center (2 stalls) Flerida Espiritu Baby Dry Goods (2 stalls)

O O O

70.00 35.00 70.00

28

119 120 121-122 123 124

86 87 88 89 90

Haydee's Flower Shop Santos Store Del Cano Store (2 stalls) Angelito Liwag Gilbert Pangilinan

O O O O O

35.00 35.00 70.00 35.00 35.00

125 126 127 128 129-130 131 132 133 134 135 136 137 138 139

Annex Building 91 Tagalag Store 92 Erlinda Pallarca 93 Michael Tagalag 94 Bernardo Torres 95 Myra Fabela (2 stalls) 96 Anita Pallarca 97 Upeng Varon 98 Marivic Reyes (closed) 99 Mary Ann Sanchez (closed) 100 Precilla Fermin (closed) 101 Michael Kagimbal (closed) 102 Mangunay-Santos 103 Joel Prades 104 Luzviminda Pangilinan TOTAL

O O O O O O O IO-NDP IO-NDP IO-NDP IO-NDP O O O

35.00 35.00 35.00 35.00 70.00 35.00 35.00

35.00 35.00 35.00

TOTAL STALLS WET SECTION 42

WITH STALLOWNERS 42

VACANT STALLS 0

29

DRY SECTION B.O.T. A.B. TOTAL

72 22 14 150

71 11 15 139

1 11 -1 11

JAEN PUBLIC MARKET ANALYSIS OF INCOME ANALYSIS I Analysis of yearly Income if there is no goodwill and payment of daily dues for vendors are due only if they sell for the day. DAILY PAYMEN T TOTAL PAYMENT FOR 360 DAYS

WET SECTION

Remark s

GOODWILL

TOTAL

30

35. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Simeona Mangunay Marivic Reyes Zeny Flores Rodel Valenzuela Perla Casino Estelita Diaz Racquel Galang Leonor Lopez Analyn Pillarina Ronaldo Pillarina (closed) Hydee dela Pena Adora Esguerra Maria Pillarina Carmencita Pangilinan Jaime Sebastian Consuelo Ferrer Jun Santos Armida Francisco Dolly Ramos Yolanda Evangelista O O O O O O O O O IO-NDP O O O O O O O O O O 00 00 00 00 00 00 00 00 00 00 00 00 00 00 35. 00 00 00 00 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 00 00 00 00 00 00 00 00 00 00 00 00 00 35. 35. 35. 35. 00 00 00 00 00

12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 00 00 00 00 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 00 00 00 00 00 00 00 00 00 00 00 00 00 00

12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600.

12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600.

31

00 21 22 23 24 25 26 27 Chito Cruz (2 stall) Amparo Cruz (closed) Gregoria Soledad Maying Mangunay Mercy Satoya Shiella Ramos (2 stalls) Jerry Abiog (2 stalls) O IO-NDP O O O O O 00 00

70.

00 00

25,200.

00 00

25,200.

35. 35. 00 00 00 00 35. 70. 70.

00

12,600. 12,600.

00

12,600. 12,600.

00 00 00 00

12,600. 25,200. 25,200.

00 00 00 00

12,600. 25,200. 25,200.

28 Amparo Cruz (Closed) 29 Corsie (closed) 2 stalls 30 Lorna Ramos

31 32 33 34 35 36 37 Ammalyn Mercado Maritess Geron Marlyn Ramos Emer Pallanan Engracio Cruda Danilo Pascual (2 stalls) Cather4ine Francisco (closed)

IO-NDP IO-NDP 3 O
O O O O O O IO-NDP

12,60 0.00
35. 00 00 00 00 00 00 35. 35. 35. 35. 70. 00 00 00 00 00 00 12,600. 12,600. 12,600. 12,600. 12,600. 25,200.

12,60 0.00
12,600. 00 00 00 00 00 00 12,600. 12,600. 12,600. 12,600. 25,200.

5.00

DRY SECTION 38 Ronilo Pascual

35.

12,600.

12,600.

32

00 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Emer Pallanan Fely Yambot (2 stalls) Rommel Ramos (2 stalls) Marlyn Ison Corazon Javate (3 stalls) Ayroso Pawnshop Rosita Lagman (2 stalls) Baby Miranda (2 stalls) Gladiola Malgapo (2 stalls) Shemilyn Salvatierra Sampang (Cell Extreme) Sampang (Ara's Salon) Baby Santos (2 stalls) Miranda Store (closed) Benilda Acon Lorna Miranda (closed) Cherrovy Agapito Ronaldo dela Pena (2 stalls) Rommel de Jesus (closed) O O O O O O O O O O O O O O O O O O IO-NDP 00 00 00 00

35. 70. 70. 35.

00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 -

12,600. 25,200. 25,200. 12,600. 37,800. 12,600. 25,200. 25,200. 25,200. 12,600. 12,600. 12,600. 25,200. 12,600. 12,600. 12,600. 12,600. 25,200.

00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 -

12,600. 25,200. 25,200. 12,600. 37,800. 12,600. 25,200. 25,200. 25,200. 12,600. 12,600. 12,600. 25,200. 12,600. 12,600. 12,600. 12,600. 25,200.

105.00 35. 00 70. 00 70. 00 70. 00 35. 00 35. 00 35. 00 70. 00 35. 00 35. 00 35. 00 35. 00 70. 00

33

35. 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Racquel Galang Emer Pallanan (Pestano) Luisito Soriano Anita Partacalao (4 stalls) PearlyMangunay Erlinda Castro Marlyn Ramos (closed) Eddie (closed) 2 stalls Dolly Geronimo (closed) Aida Mago (3 stalls) Luisito Soriano (closed) 2 stalls Aida Mago (closed) Mark Francis Sta. Ana Marilou dela Cruz (2 stalls) Zeny Javate (closed) Ruben Ison Ferdiand Mendoza (4 stalls) Myra Fabela Rolly Santos Upeng Varon (4 stalls) O O O O O O O O IO-NDP O O O O O IO-NDP O O O O O 00 140.00 35. 00 35. 00 140.00 00 00 35. 00 140.00 35. 00 35. 00 35.00 70. 00 00 00 00 35. 00 00

12,600. 12,600. 12,600. 50,400. 12,600. 00 00 00 00 00

12,600. 12,600. 12,600. 50,400. 12,600.

12,600. 00 12,600.00 25,200. 00 37,800.00 25,200. 00 12,600. 00 12,600. 00 25,200. 00 00 00 00 00 00 12,600. 50,400. 12,600. 12,600. 50,400.

12,600. 00 12,600.00 25,200. 00 37,800.00 25,200. 00 12,600. 00 12,600. 00 25,200. 00 00 00 00 00 00 12,600. 50,400. 12,600. 12,600. 50,400.

105.00 70. 00 35. 00 35. 00 70. 00 35.

34

35. 78 79 80 81 82 83 BOT 83 84 85 86 87 88 89 90 M.M. Plastic Center (2 stalls) Flerida Espiritu Baby Dry Goods (2 stalls) Haydee's Flower Shop Santos Store Del Cano Store (2 stalls) Angelito Liwag Gilbert Pangilinan O O O O O O O O 00 00 00 00 00 00 00 00 Sabina de Guzman Maria Juachon (2 stalls) Upeng Varon (closed) Adelaida Callanga Dolly Geronimo (2 stalls) Analiza Faeldin O O O O O O 00 00 35. 00 00 00 00 35. 70. 35. 00 00 00 00 70. 00 00

12,600. 25,200. 12,600. 12,600. 25,200. 12,600. 00 00 00 00 00 00

12,600. 25,200. 12,600. 12,600. 25,200. 12,600.

70. 35. 70. 35. 35. 70. 35. 35. 00 00 00 00 00 00 00 00

25,200. 12,600. 25,200. 12,600. 12,600. 25,200. 12,600. 12,600. 00 00 00 00 00 00 00 00

25,200. 12,600. 25,200. 12,600. 12,600. 25,200. 12,600. 12,600.

Annex Building 91 92 93 Tagalag Store Erlinda Pallarca Michael Tagalag O O O 00 00 00

35. 35. 35. 00 00 00

12,600. 12,600. 12,600. 00 00 00

12,600. 12,600. 12,600.

35

35. 94 95 96 97 98 99 100 101 102 103 104 Bernardo Torres Myra Fabela (2 stalls) Anita Pallarca Upeng Varon Marivic Reyes (closed) Mary Ann Sanchez (closed) Precilla Fermin (closed) Michael Kagimbal (closed) Mangunay-Santos Joel Prades Luzviminda Pangilinan O O O O IO-NDP IO-NDP IO-NDP IO-NDP O O O 00 00 00 35. 35. 35. 00 00 00 35.00 70. 35. 00 00

12,600. 25,200. 00 00

12,600. 25,200.

12,600. 00 12,600.00 00 00 00 1,587,600 .00 12,600. 12,600. 12,600.

12,600. 00 12,600.00 00 00 00 1,587,600 .00 12,600. 12,600. 12,600.

TOTAL

WET SECTION DRY SECTION B.O.T. A.B. TOTAL

42 72 22 14 150

Size of stall Size of stall Size of stall Size of stall

3x3 sq.m. 3x3 sq.m. 6x6 sq.m. 6x6 sq.m.

LEGEND O Operative

36

JAEN PUBLIC MARKET

ANALYSIS OF INCOME ANALYSIS 2 Analysis of yearly Income if there is no goodwill and IO Inoperative payment of daily dues for vendors are enforceable whether or not they sell for the day NDP - No Daily Payment Remar ks DAILY PAYMEN T 35. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Simeona Mangunay Marivic Reyes Zeny Flores Rodel Valenzuela Perla Casino Estelita Diaz Racquel Galang Leonor Lopez Analyn Pillarina Ronaldo Pillarina (closed) Hydee dela Pena Adora Esguerra Maria Pillarina Carmencita Pangilinan Jaime Sebastian Consuelo Ferrer Jun Santos Armida Francisco Dolly Ramos O O O O O O O O O IO-NDP O O O O O O O O O 00 00 00 00 00 00 00 00 00 00 00 35.00 00 00 00 00 00 00 00 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. 35. TOTAL PAYMENT FOR 360 DAYS 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00 12,600. 00

WET SECTION

GOODWILL

TOTAL 12,600. 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600. 12,600.

37

The result of market operation for the year 2007 clearly shows income from market is not enough to sustain its operating expenses. It resulted to a loss of THREE MILLION FIVE HUNDRED SEVENTY ONE, NINE HUNDRED SIXTY SEVEN PESOS and 42/100 (P3,571,967.42 )which is 474.32% of total income. Expenses is 574.32% of total income which only means that total expenses market is so excessive that no matter what we do its very impossible to recover expenses from income it generates. This is due to annual interest we paid for loan and the depreciation expenses of market which we can not avoided. In the year 2008 loss in the operation of market lessen. Theres a little efficiency in the collection of market fees. Theres an increase in income of THREE HUNDRED EIGHT THOUSAND EIGHT HUNDRED THIRTY PESOS and 56/100 (P 308,830.56) as compared to 2007 income as basis of comparison. Expenses from personal services increased by 34.17% or ONE HUNDRED SEVENTY EIGHT THOUSAND FOUR HUNDRED NINETY EIGHT PESOS and 56/100 (P178,498.56). The increase in Personal Services in 2008 was due to implementation of salary increase in 2008. Also the main reason of increase in income is due to decrease of interest expenses from loan. It decreases in the amount of TWO HUNDRED TWENTY TWO THOUSAND TWO HUNDRED TWENTY TWO (222,222.22) which is very significant in the determination of Market operation. Maintenance and other operating expenses decreased by 2.82% or TWELVE THOUSAND FIVE HUNDRED SIXTEEN PESOS and 20/100 (P12, 516.20) in the year 2008. This is due to recommendation of Local Finance Committee to Local Chief Executive that in
38

order to sustain expenses in market operation it is better if the stallholders install their own electric meter for their electricity. This was implemented in the later part of the year 2008. Also, water expenses sourced out from Jaen Water District that the market paid from its operation had been cut out and jetmatic pump is installed as replacement for source of water supply.

39

JAEN PUBLIC MARKET STATEMENT OF INCOME AND EXPENSES (COMPARISON OF OPERATIONS FOR 2007,2008 & 2009 ) ADOPTING THE IMPLEMENTATION OF MARKET CODE 2009 Income 2,694,000.00 2008 1,005,654.00 2007 753,063.30

These are the actions taken by

Less: Expenses Personal Services Maintenance and other operating exps. Depreciation Expense-Market Total Expenses Net Income from Operations Less: Payment of Annual Interest NET SURPLUS (LOSS)

730,045.24 780,000.00 1,480,304.80 1,510,045.24 1,183,954.76 1,435,058.33 961,732.48

700,841.44 430,567.00 1,480,304.80 1,131,408.44 (125,754.44) 1,657,280.56 (347,976.66)

522,342.88 443,083.20 1,480.304.80 965,426.08 (212,362.78) 1,874,124.81 (434,585.06)

Local Unit in

Government order to

minimize expenses in
40

the operation of Market. In the year 2009 it is expected that operating expenses such as personnel services, maintenance and other operating expenses will be covered up by the income generation of market. It is expected that income will exceed total operating expenses. It is very clear in the Local Officials of LGU that amortization of loan was coming from general fund and loss in operation was also answered by general fund. In other words if market operation are profitable it can be another source of income that can contributed to the augmentation of social services to the people. This is the reason why we are very eager to work out on how local market a profitable local economic enterprise. To become another source of income that can serve augmentation to the basic social services of the people of Jaen.

41

ANALYSIS OF MARKET OPERATION IF MARKET CODE WILL BE IMPLEMENTED

YEAR

INCOME FROM OPERATION OF MARKET PERSONAL SERVICES MOOE 443,083.20 430,567.00 864,502.31 425,000.00 450,000.00 575,000.00 500,000.00 550,000.00 575,000.00 600,000.00 600,000.00 600,000.00 600,000.00

EXPENSES TOTAL EXPENSES DEPRECIATION EXPENSES 740,152.40 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 1,480,304.80 INTEREST EXPENSES 5,041,096.90 1,973,477.93 1,740,144.59 1,506,811.25 1,273,477.91 1,040,144.57 806,811.23 573,477.91 340,144.55 106,811.21 5,041,096.90 3,679,056.41 4,351,857.83 4,552,459.80 3,939,184.47 3,790,390.59 3,746,258.65 3,437,925.33 3,254,591.97 3,046,258.63 2,964,447.42 2,964,447.42 2,964,447.42 2,964,447.42 (2,547,490.39) (2,925,993.11) (3,346,203.83) (2,795,603.80) (2,039,184.47) (1,159,390.59) (1,115,258.65) (806,925.33) (623,591.97) (415,258.63) (333,447.42) (333,447.42) (333,447.42) (333,447.42) NET INCOME

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

2,493,606.51 753,063.30 1,005,654.00 1,756,856.00 1,900,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00

522,342.88 700,841.44 700,841.44 760,401.76 819,941.22 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62

42

2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031

2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00 2,631,000.00

884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62 884,142.62

600,000.00 600,000.00 600,000.00 800,000.00 800,000.00 800,000.00 800,000.00 800,000.00 800,000.00 800,000.00 800,000.00 800,000.00

1,480,304.80 1,480,304.80 740,152.40

2,964,447.42 2,964,447.42 2,224,295.02 1,684,142.62 1,684,142.62 1,684,142.62 1,684,142.62 1,684,142.62 1,684,142.62 1,684,142.62 1,684,142.62 1,684,142.62

(333,447.42) (333,447.42) 406,704.98 946,857.38 946,857.38 946,857.38 946,857.38 946,857.38 946,857.38 946,857.38 946,857.38 946,857.38

TABLE V: MARKET CODE and MARKET OFFICE

Location
AREA
Availabl e

Jaen
Not availabl e Date Availabl e

Talavera
Not Availabl e Date Availabl e

San Antonio
Not available Date Availabl e

Zaragoza
Not available Date

Market Code Market Office Asso. of Market Vendors

/ /

2009

/ /

/ -

1996 1996

/ / /

1992 1992 1992

/ / -

1994

43

TABLE VI: STALL CERTIFICATE

Jaen Stalls With Cert. Dry Section Wet Section Fruits & Vegetables Others Total X X X X 42 36 150 42 36 150 W/O cert. 72 Total 72 With Cert. 235 160 65 26 486 W/O Cert. x x x x Total 235 160 65 26 486 With Cert. 180 113 15 12 320 W/O cert. 36 26 15 8 85 Total 216 129 30 20 405 With Cert. X X X X W/O cert. 82 40 39 14 175
Total

Talavera

San Antonio

Zaragoza

82 40 39 14

175

3.3 FACTORS FOR SUCCESS AND FAILURES

TABLE VII: STRENGTHS & WEAKNESSES

Jaen

Talavera

San Antonio

Zaragoza
44

 Willingness of officials and

leaders to replicate best practices from other municipalities and adopt market code

regular implementation and inspection of cleanliness and sanitation regular consultation on stall holders & leaders implementation of existing ordinance on license, permits and goodwill Conduct inspection of business permits of stalls, weighing scales and prices. Regular & strict collection of fees and rentals. maintain good hygiene and sanitation Conduct consultation with stall holders, buying public and traders. Provisions of security measures within the market vicinity.

series

of

meetings

Management team Improved garbage collection to maintain cleanliness and sanitation

conducted

T R E N G T H S

Full support of LCE in the

operations and management of the market. Patronage of the town people of Jaen and the neighbouring towns. Reasonable administrative costs, license, permits, fees, etc. Accessibility of marketplace to buyers, suppliers, etc.

Peaceful, friendly and safety

market premises and compound.

Jaen

Talavera

San Antonio

Zaragoza

45

E A K N E S S E S

Absence of public market administrator and other needed personnel. Fear of elected officials on the negative reactions and perceptions of market vendors should changes in the management will be done. Absence of public market administrator and other needed personnel. Fear of elected officials on the negative reactions and perceptions of marker vendors should changes in the management will be done. Lack of efficient and sanitary garbage

Quarrel of vendors & drivers parking space During lean month decreasing of collection

additional requirements in the issuance of Mayors Permit in 2008 violation of existing contract renewal of BOT contract

46

collection and disposal. Insufficient parking area for customers and suppliers. Uncontrollable and continuous transfers of stall rights. Lack of updated revenue collection and market code.

TABLE VIII: RESOLUTIONS

47

Municipality/ies Jaen Talavera

Total No. 1

Title of Resolutions NONE 1. A Resolution approving the issuance of traffic citation tickets (TCTs) to all traffic violators within jurisdiction of the municipality of Talavera and market premises.

Date of approval March 10, 2008

San Antonio

13

1. Kapasiyahan Blg. 2005-060 Pagpapatibay sa pagtataas sa upa sa mga pwesto sa Annex A&B mula sa P20.00 hanggang P25.00 at pahintulot sa Punong Bayan Kgg. Jose Lapuz Salonga ,MD. na lumagda sa Panibagong Contract of Lease 2. Kapasiyahan Blg. 2005-057- Pagpapatibay sa paggawa ng Panibagong Kontrata sa mga Stalls na expire na ang kontrata tulad ng Annex A&B 3. . Kapasiyahan Blg. 2005-065- Pagbibigay pahintulot sa Punong Bayan ,Kgg. Jose L. Salonga na lumagda sa panibagong contract of lease. Annex A & B 4. Kapasiyahan Blg. 2006-030- Pagpapatibay sa paglalaan ng halagang P47,415.75 bilang laang gugulin /gagamitin sa pagpapagawa ng steel gate sa harapan ng Pamilihang Bayan 5. Kapasiyahan Blg. 2006-031- Mahigpit na pagbabawal sa pagpasok sa loob ng pamilihang bayan ng San Antonio Nueva Ecija at pagsasara ng gate nito simula ika-9:00 ng gabi hanggang 3:30 ng umaga.

November 7,2005

October 10,2005

December 5,2005

May 15,2006

May 15,2006

January 29,2007

48

6. Executive Order No. 2007-01- Executive order installing the Internal Monitoring Unit for Market. October 1,2007 7. Kapasiyahan Blg. 2007-036Pagbibigay ng pahintulot at karapatan kay sa Kgg. Arvin C. Salonga, Punong Bayan ng San Antonio, Nueva Ecija na lumagda sa kontrata(Contract of lease) sa lahat ng may pwesto o stall sa pamilihang bayan. 8. Kapasiyahan Blg. 2007-50- Pagpapatibay sa itinakdang bagong singil sa Right to occupy sa mga bagong may ari ng stalls o pwesto sa pamilihang bayan. 9. Pambayang Kautusan Blg. 002-2007-Pagtatakda ng halagang limampung libong piso (P50,000.00) bilang bagong singil sa pagbabayad ng bagong right to occupy sa mga bagong may-ari ng stalls o pwesto sa pamilihang bayan 10. Kapasiyahan Blg. 2007-52- Pagpapatibay sa bagong singil sa stall rental sa pamilihang bayan ng San Antonio, Nueva Ecija mula P25 kada metro kwadrado tungo sa P27.50 kada metro kwadrado kada buwan. 11. Kapasiyahan Blg. 2008- 100- Pagpapatibay sa karagdagang December 8 ,2008 December 13,2007 December 3,2007 December 3,2007

probisyon sa Local Revenue Code of 2004 na may kinalaman sa pagbibigay ng Mayors Permit Fee para sa Small Town Lottery (STL) sa bayan ng San Antonio. 12. Kapasiyahan Blg. 2008-009 Pagpapatibay sa kasunduan sa pagpapaupa sa walang right to occupy sa Pamilihang Bayan ng San February 4, 2008

49

Antonio, Nueva Ecija 13. . Kapasiyahan Blg. 2009-004-Pagpapatibay sa pagbibigay ng palugit na isang (1) linggo sa paniningil/pagbibigay ng Business Zaragoza 12 permit para sa taong 2009 sa baying ito. 1. Kautusang Bayan Blg. 09 s-2001- Kautusan na nagtatakda ng tatlong (3) metrong palugit o layo mula sa gilid ng semento ng pambansang lansangan ang paglalakbay/pagtatayo ng harang, bagay at tindahan sa nasasakupan ng pamilihang bayan ng Zaragoza, Nueva Ecija. 2. Kautusang Bayan Blg. 04 s.2001- Ordinansa na nag uutos sa lahat ng tindera sa loob o paligid /nasasakupan ng pamilihang bayan na maglagay ng dalawang (2) basurahan (Waste can o plastic bag): isa (1) para sa mga nabubulok at nasusunog na basura at isa (1) para sa dinabubulok at di nasusunog na basura sa tabi ng kanilang puwesto. 3. Kapasyahan Blg. 12 s- 2002- Kapasyahan na ipagbawal ang pagparada simula alas-7:00 ng umaga hanggang alas 7:00 ng gabi ng alinmang sasakyan na hindi kasapi ng ZATODA sa itinalagang paradahan nito sa Pamilihang Bayan ng Zaragoza. 4. Kapasyahan Blg. 21 s-2002 Kapasiyahan nag awing paradahan ng mga sasakyang naghahatid ng mga paninnda ang likurang bahagi ng pamilihang bayan sa tabi ng Slaughterhouse. 5. Kautusang Bayan Blg. 23 s-2002 Ordinansa na nagbabawal sa lahat na magsugal at uminom ng alak sa mga hayag at pampublikong lugar sa nasasakupan ng baying ito at paglalagay o pagpapataw ng kaparusahan sa paglabag sa itinatadhana nito. 6. Kutusang Bayan Blg. 04 s-2003 Ordinansa na ipinagbabawal ang paglalagay ng anomang bagay o paninda sa nalolooban ng dalawang (2) metrong sementadong daan na nasa kanlurang bahagi ng pamilihang bayan. 7. Kapasiyahan Blg. 13 s-2005 Kahilingan kay Kgg. Teodorico B.

January 19,2009

Disyembre 10, 2001

Oktubrer 8,2001

Pebrero 4,2002

Pebrero 26,2002

Disyembre 16,2001

Abril 21,2003

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Cornes Jr. ., Punong Bayan ng bayan ng Zaragoza na ipatupad ang dating bayarin sa mga puwesto sa gusali ng pamilihang bayan ng Zaragoza. 8. Kautusan Bayan Blg. 12 s-2005 Ordinansa na nagbabawal sa lahat na magtinda ng anomang uri ng karne at isda sa lahat ng itinakdang lugar sa pamilihang bayan ng Zaragoza. 9. Kapasiyahan Blg. 70 S-2001 Kautusang bayan Blg. 05 S-2001 Mahigpit na ipinag-uutos ang paglalalgay ng basurahan sa lahat ng terminal o paradahan ng mga pampublikong sasakyan na humimpil sa harap ng pamilihang bayan ng Zaragoza, Nueva Ecija. 10. Kapasiyahan Blg. 51 S-2005 Kapasiyahan na susugan ang seksyon 1-II(a) ng kautusang bayan blg. 7 (Paglalagak ng deposito ng sinomang makakakuha ng puwesto sa loob ng Pamilihang Bayan) na nakapaloob sa kapasiyahan blg. 30, S-2004, Ordinansa na nagtatakda ng mga alituntunin sa pagbibigay ng puwesto (Stall) sa dry section at sa mga sususnod pang mga itatayonh puwesto o tindahan sa Pamilihang Bayan ng Zaragoza. 11. Kapasiyahan Blg. 52 S-2006 Kapasiyahan na pahintulutan ang pagpapagawa ng pansamantalang vegetable section sa pamilihang bayan ng Zaragoza na ang gastusin sa pagpapagawa ay manggagaling sa nagmamay-ari ng puwesto. 12. Kapasiyahan Blg. 80 S-2006 Kautusang Bayan Blg. 0- S-2006 Ordinansa na nagbabawal sa sinomang mamamayan ang matulog o mamalagi sa loob ng mga bagong gusali ng pamilihang bayan ng Zaragoza simula ika-9:00 ng gabi hanggang ika-4:00 ng umaga.

Pebrero 14,2005

Setyembre 5,2005

Oktubre 22, 2001

Agosto 1, 2005

Mayo 29, 2006

Setyembre 11, 2006

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52

SUMMARY AND RECOMMENDATIONS

Summary

Critical issues for effective market management were presented in the previous discussions. A basic requirement in this respect is the introduction of innovations, and of economic and operational criteria. It is also necessary to clearly define responsibilities with regard to the ownership and management of physical facilities. As the study looks into various styles for the management of markets and examines in some depth public, private, mixed and ad hoc committee, their statutes, staffing, technical means, etc, it also looks into the possibility of conflicts among authorities and institutions. It is also discussed the importance of National market Code, It is thus imperative that positive action to remedy these situations be undertaken by the national leadership in support of local governments, which are charged with the management of public markets. It is also emphasize that all public markets recommended formulating their own market code anchored or in lined with the Senate Bill No. 279 or the National Market Code of the Philippines which was introduced by Sen. Aquilino Nene Q. Pimentel Jr. In addition, we examined the existing situation of the public market of Jaen were based on records review, interviews, surveys and observations hereunder were some of the present problems in its operation: Low income vs. expenses for maintenance, personnel salaries and loan amortization. Irregular payment of stall fees/rentals by the stall owners Amount of fees/charges were not clearly determined per stall or per sq. meter.
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Stall owners was not given certificate of ownership/rentals during the awarding of the stall.

Market rules and regulations are not clearly determined/identified. Limited personnel to do market operations, only one collector, 1 utility worker and 10 security guards.( 5 for day shift and 5 for night shifts)

No assigned market master to do administrative supervision and control over the market personnel.

Duties and responsibilities of market personnel were not clearly identified. No existing organization or committee among stall owners. Market facilities are inadequate to cater the needs of its people. Public Market Board are not yet organized No established office exclusive for market transaction Some of the market vendors are complaining on the inadequate facilities, lack of

security measures, roads are not concrete, limited and lack of maintenance on the cleanliness of comfort rooms and other facilities This is the reason why, the Municipal Government of Jaen under the administration of Hon. Santiago R. Austria expressed their willingness to work out for the formulation of Public Market Code of Jaen, wherein this research study will serve as their basis in preparing the proposed Market Code.

Elements of Strategy and Framework Strategy on Public Market Management Guiding Principles
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A Public market will be judged on the following criteria: 1. Financial viability of the market reflecting confidence and trust in its use, and acceptance of its fees and charges and rules by wholesalers, farmers, retail and other buyers and users. 2. Operational efficiency, including: efficient handling of the arrival, unloading and loading of produce; discipline in the market in the internal movement, storage and display of produce, which is achieved through enforceable tenancy agreements, and widely accepted and implemented market regulations or rules; traffic control and vehicle parking; personal safety; produce security; cleanliness and hygiene; effective provision of services, such as loading and unloading services, produce movement, electricity, garbage collection, telephone, fax, e-mail, and internal communications, warehousing and cold storage. 3. A pleasant and safe trading and working environment in which private trading can operate profitably. Such an environment should have toilet, food and refreshment facilities, and other service facilities such as banks, accountants, input suppliers (e.g. packaging materials, seeds and fertilizers for farmers), parking, and food and accommodation facilities for transport operators. 4. The extent to which the market meets general community needs by ensuring: a regular supply of staple foods in the necessary quantities and quality; transparency in price setting through free competition between traders;
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that standards and grades are adhered to, where relevant; that packaging meets the needs of the market and of the eventual consumers.

5. The relationship of the management authority with market users, including wholesalers, other market operators, farmers and suppliers, retailers, and other buyers and service providers. Contractual Agreements With Market Users Most management authorities have contractual agreements with persons renting space in the market in order to clearly define rights and obligations. This is to ensure discipline in market operations, and to minimize misunderstandings leading to costly legal disputes and litigation. For occasional or casual users this can take the form of terms and conditions printed on a ticket or permit which is issued on payment of a fee. Often a statement acknowledging acceptance of, and willingness to comply with, the terms and conditions of market rules is included for signature by the users. Failure to comply can lead to the managing authority refusing to allow access to selling space or to allow access only on restricted conditions. For longer term wholesalers and other market tenants the managing authority usually enters into a specific contract with each tenant. This is frequently a lease or rental agreement which gives the managing authority absolute final control over the premises. More details of what a market lease or rental agreement should cover are given in Annex 2. In general, such an agreement should specify: the area to be rented or leased (ground lease: space in building described by area, position, number, etc);

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the rental or fees to be paid, when they are to be paid (e.g. monthly, by the first of the month, in advance), where they are to be paid;

penalties or charges for failure to pay by due date; the period or duration of the rental or lease; arrangements or options for renewal of the agreement (when provisions of existing agreement have been observed);

procedures for adjustment to fees to cover inflation or other cost increases. Most usually this is done with reference to an independent index (e.g. cost of living index) or to an agreed percentage at regular intervals. Occasionally, arbitration may be provided for;

that the lease or rental should apply only to the particular person, firm or partnership, or company while engaged in the approved business (e.g. wholesaling of fruit and vegetables) and only as long as the particular person/firm remains licensed for this purpose (with the relevant authority);

arrangements for subletting. Usually subletting is prohibited and is only allowed by prior approval in writing from the managing authority (otherwise the agreement is considered void);

prescription of modifications (including signs) to the premises without prior written approval of the managing authority. Any modification becomes the property of the managing authority;

repairs to premises. They may be at the cost of the tenant or the authority, and this responsibility needs to be clearly understood and stated;
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arrangements for supply of electricity, water, sewerage, telephone, fax, e-mail, security, cleaning and maintenance, and payment arrangements;

actions in event of non-payment of fees or failure to comply with the market rules. This constitutes a breach of contract and the contract is usually automatically terminated with the building returning to the control of the managing authority;

penalties for breaches of market rules. Failure to pay these will result in termination of the contract (some markets insist on traders paying a security deposit from which fines are deducted);

compliance with licensing requirements; market inspection. The authority should have an agreed access to the lessee's premises;

staff employed. It is usually required that they remain on the rented space; guarantees (i. e. who will supply any financial guarantees); legal costs. The agreement should specify who will pay these in the event of dispute.

Policy, Legal and Institutional Framework

1. Policy Framework Government Strategies and Policies Many governments now have policies of privatization of public sector activities. However, some form of public intervention in markets is usually necessary to: ensure supply of staple foods;
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provide criteria and guidelines for market transactions to ensure fair and transparent competition among suppliers and wholesalers;

ensure compliance with standard weights and measures; provide criteria for quality or grade standards; provide controls for human health, and plant and animal pests and disease.

In addition, government policies in respect of decentralization, economic concentration (how much of any business sector is owned or controlled by one person or company) transport development, urban development or inner-city redevelopment will all have a bearing on how a market will function. Functions and responsibilities in food supply National governments have a function and a responsibility to ensure adequate food supply for the population of the country. This responsibility is usually undertaken in market economies through governments putting in place the necessary infrastructure, and financial and legislative framework so that the private sector can operate. In the past many municipalities established markets and operated them. But since the 1960s most markets have either been run by public sector corporations or authorities, or by private companies. A critical factor is that sufficient power and authority to manage the market must be delegated or given by the government to the corporation or body. This is perhaps best done in terms of legislation which establishes the public sector market or which regulates the agricultural marketing sector. Such legislation must include the powers and authority to enforce decisions of the managing authority. This is usually done through market rules. The legislation, which establishes the agency to manage the market, must also clearly specify: who actually owns the market (so that the market can secure loans);
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authority to sell the market (so that the market can relocate); capacity to determine fees and charges; capacity to borrow funds against the assets (who gives final approval); capacity to enter into agreements (e.g. finance agreements); capacity to form subsidiary corporations or companies or to be a joint-venture partner in a company (e.g. managing company wishes to join with another party to form a joint-venture company to operate cold store facilities in the market).

The extent to which these functions are delegated will determine the autonomy of the managing authority. Public and private markets In theory it can be expected that public sector markets have public sector investment and public sector management. Private markets are independently established by private enterprise with private sector investment and private sector commercial management. In practice there are few markets which conform to one or other of these extremes. Many public sector markets are now managed by a managing authority controlled by a board of directors, which is often made up of representatives of private market users or businessmen. The markets are required to be self-funding and to operate with a commercial approach to accounting and financing. On the other hand, private company markets often require government assistance with land acquisition or with funding for the major capital investment required. Often the government sector then requires direct representation on the board of directors and compliance with some stated government objective (e.g. opportunities for small businessmen). In nearly all markets, the marketing of agricultural products is dominated by the private sector. Wholesalers acting as merchants, commission agents or brokers carry out the buying and
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selling functions. However, in markets which use auctions the auction process is often carried out by the public authority or managing authority. In a very few countries the managing authority still carries out the wholesaling function. However, such arrangements are disappearing. Social obligations A number of issues relating to social obligations are briefly summarized in this section. Security of food supply. Governments have a responsibility to ensure that basic food staples of sound quality are available in regular quantities. This role extends to providing the necessary infrastructure for production (e.g. roads, irrigation) and the necessary support services (e.g. fertilizer and seed distribution, research and extension services). It may also require the provision of any necessary collection centres, cold stores and market facilities where private enterprise is unwilling or unable to invest. Market traders are in contact with buyers both in the country and sometimes in export markets. They, or their agents, are also in close contact with producers. Natural or man-made disasters or poor weather except, they are therefore in a position to ensure continuous, regular and diversified supply of agricultural products in response to demand. This role does not require any intervention by the managing authority. Where market managers have sought to become involved in trading the results have been unprofitable for all concerned in nearly every case. Creation of effective pricing mechanisms. Wholesale markets and more particularly the food supply centres provide an environment, through the concentration of supply and demand, for effective price formation, with open competition and transparency. The simultaneous presence of available produce, buyers and sellers in a single place helps to ensure that prices paid and received are realistic and fair at all times. The newer wholesale
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markets with better facilities and more space for handling large volumes afford better scope for transparent market operations. This concentration of supply and the concentration of demand represented through wholesalers by buyers, especially retail chain stores, is of considerable importance in developing countries. It is perhaps even more important in economies, which are in transition (i.e. countries which were previously under a centrally planned system). In these countries the pricing process was not developed as prices were established by administrative decisions. Concentration of supply was brought about by production from large state production units. The impact of the lack of wholesale market facilities became dramatically evident when state food production, storage and distribution systems disappeared. In developed market economies, the assembly of large volumes of food supplies is guaranteed through large farm enterprises or through smaller farmers acting together cooperatively. Quality and hygiene control. Once food supply has been assured, there is a responsibility to ensure that food products are safe for human consumption, that they do not spread plant or animal diseases and that quality standards are maintained. This responsibility rests with provincial or local governments, which have the power and authority to establish necessary regulations. Compliance enforcement is therefore the responsibility of the appropriate government body (local or provincial). Usually the managing authority is not directly involved, except for providing office or laboratory facilities and access for inspection staff. In view of large volumes of produce daily entering markets, the inspection services generally operate on the basis of: reports from casual observations by market staff or by unloading staff;
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reports from dissatisfied buyers; random sampling.

Produce not meeting minimum hygiene standards, or which is seriously affected by pests and diseases, is usually confiscated and placed in isolation under security. Statistical records of confiscated produce and names of the producers and the traders involved are maintained. Extension staff follow up with traders/producers or transport operations to help prevent future losses. Standards and packaging requirements set in the principal wholesale market will effectively set these standards for the region or industry. Market Information. The prices paid and received for produce traded in the market and the quantities of produce traded (by production area and commodity item) is important information for the community. Farmers can base planting and selling decisions on this market information, and government support services can plan extension and research programmes. Minimum, maximum, and most-frequent sales prices are often gathered and quoted. Market reports, to be effective, should be widely distributed to producers, wholesalers, retailers, consumers, government agencies and the general public. Publication of price and quantity information in newspapers, on radio, television, e-mail and market notice boards are all essential to ensure timely and effective distribution to interested market users. (These programs assisted by the Department of Trade and Industry). Legal and Regulatory Framework Legal competency - Delegation of power and authority In order to have legally defined roles there is a need to clearly define the role of every market. This has to be accepted by national, provincial and municipal governments

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as well as market participants (e.g. growers, wholesalers, buyers), service providers (e.g. transport operators, banks) and the market management itself. Province or municipal governments that have the legal competency need to enact legislation or regulations which establish the market, the managing authority and its role, powers and authority. They should also provide powers for the management authority to develop and enforce market rules, and to provide for the rules relating to the operations of wholesalers. In some situations governments may see the need to provide legislation which regulates the establishment of further market facilities in an area for a fixed period of time. However, it is an issue, which must be addressed if huge public investments in major markets are to be protected. Failure of a government to adequately delegate its legal competency to the authority charged with the responsibility to manage a market can lead to the creation of a legal vacuum. In some circumstances it may lead to activities against the interests of the market. Such legal vacuums tend to be exploited by those who wield the greatest economic power, to the detriment of producers and consumers. In other cases when no competency is allocated to a specific authority, management functions may be assumed de facto by any authority which feels strong enough to assume them. This can lead to split and ineffective management, resulting in confusion and inefficient market operations. In addition, there can be total lack of coordination, for example, between the managing authority of the market and the department or agency that feels it has the ultimate authority. Poorly delegated competency can result in confusion and lack of direction when more than one local government or municipality is involved. This has happened in emerging economies
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where insufficient attention is given to the legal and regulatory powers, and the authority required by the managing authority for a market. There can also be a legal mismatch in situations where the legislative or regulatory framework, which provided for the establishment of the market, has not been reviewed to reflect changes in the administrative, legal and social environment. Regulation of market operations The broad regulatory structure for a market is best established by legislation or regulation. Sometimes it is established by some legal instrument or delegation from the responsible government body. As mentioned, this should provide the role and functions of the managing authority and any limits on its powers and authority, such as the necessity to obtain approval of the annual budget, fees and charges, leases, loans and annual accounts. The legal framework should also provide market rules for regulation of market operations. These may be incorporated in the enabling legal instrument or provide that the managing authority may develop rules. In the latter case this may require approval of the overseeing (government) agency. These regulations or by-laws are of great importance for the correct functioning of the market. Careful drafting will avoid conflicts between parties involved in marketing operations. Market rules themselves often establish the right of the managing authority to make decisions on specific issues and provide for the penalties and fines to enforce the particular rule. For example, the managing authority may be empowered by market rules to determine opening and closing hours with which users must comply. This subsidiary legislative approach usually requires that the managing authority publish in a predetermined manner the decisions taken. For example, market hours should
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be printed in the government gazette and/or local newspapers, and given in writing to tenants. In any event it is prudent and administratively effective for any such administrative decisions to be given to market users in an understandable form. A major legal instrument used in most markets to ensure compliance with market rules and to maintain order is that of an agreement in the form of contracts with traders and other market users. It is important that no part of the market rules or any administrative decision or any agreement be contrary to or not provided for by the enabling legislation. Additionally, all rules must be in accordance with other laws, especially commercial law. Institutional Framework Organization and structure There are several different models used for the structure and composition of the managing authority established to manage a market. For private markets, company law usually requires a board of directors and their election by the shareholders of the company. Where government concessions (e.g. for land) or assistance (e.g. for low interest loan finance) have been given, the government may require direct representation on the board of management. Private companies usually have a chief executive officer (CEO) responsible for the day-to-day management, subject to policy direction and oversight by the board of management. The CEO may be an executive chairman, a managing director, or a manager/general manager. The CEO attends board meetings but may not have the right to vote. Market municipalities have established the markets and maintain control by appointing a management company. Decisions on leases, market value, fees and charges are made by the municipality on the recommendation of the management company.
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Public markets are usually managed by a managing authority (a public corporation, committee or board of management). These are mainly of two types: 1. Representative: With representatives of the main market-user groups (wholesalers, farmers) and usually with government representation. The chairperson may be an independent person with commercial or business skills. 2. Executive style: Boards may have persons skilled in commodity marketing or production, but the emphasis in selection is on business, commercial, accounting or other specified skills and experience. Minimizing political and financial entanglements Because public markets are dealing with substantial cash transactions they can be seen as opportunities for political appointments and for cash kickbacks. This risk can usually be eliminated or, at least, minimized with carefully framed enabling legislation and market rules and regulations, and clearly defined powers and authority. In public markets staff appointments, financial accounting, tenders and contracts must all follow transparent procedures, as provided for in public service regulations or in rules based on the same accountability procedures. Checks and balances which may also be imposed include prior approval by government of: the purchase or sale/transfer of land or other assets, borrowings, the annual budget, the accounting system to be followed, penalties to apply for breach of market rules, appointment of the manager and other key staff. However, a balance is required between those provisions necessary to ensure effective accountability and those which allow autonomous decision-making. There is little point in the government appointing a public corporation to manage a market if the corporation is prevented from performing its roles by unnecessary restrictions.
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Responsibility for Maintenance and Management of Physical Assets

It should be very clearly established who has the ownership or effective control of market facilities. Whether ownership remains with the local government/municipality establishing the market or whether it is transferred to the managing organization depends on several factors. These include the size of the investment, the regional or national impact of the market and the type of management structure to be put in place. Since the 1960s ownership of physical assets of public markets has increasingly been transferred to public entities or corporations. The day- to-day management in some countries may be subsequently granted under contract or other arrangement with an ad hoc management company. Direct transfer or long-term lease may transfer the assets to the managing authority. This will usually be conditional in that the assets may not be mortgaged, sold or otherwise transferred without the prior approval of the establishing government body. Who owns the assets is also important to determine which body is responsible for short and long-term maintenance and capital replacement. As a general rule this responsibility is transferred to the managing authority. Rental charges to wholesalers should be so calculated as to provide funds for long-term maintenance and capital replacement (e.g. new buildings). Where an ad hoc company structure is used to physically manage day-to-day operations, careful attention is needed to ensure that it will operate in the public interest. This may need a strict requirement in the legal instrument or agreement to ensure that the company will comply with specific public-service procedures in relation to accounting, loans, staff appointments and salaries, and reporting. Responsibilities must be clearly defined for providing funds for long-term
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maintenance, staff-benefit reserves (e.g. long-service leave, redundancy payments) and capital replacement needs. These ad hoc companies can be established through subscription of capital by the public, by government (public sector) or through a mixture of both. Whether the managing authority for a market is a company or a public corporation, it is important to have close cooperation with local or provincial government bodies. Serious problems can arise where recommendations on fees and charges or on the budget (income and expenditure) are made by the managing authority, but rejected by the government authority concerned. What has to be avoided is that proposals made by the market are rejected or modified by the government authority for political reasons. This can mean that the market ceases to be financially viable with expenditure exceeding income or with no provision for reserves for maintenance and capital replacement. There will always be strong pressure by market users against any fee increases, but the guiding principles should be that the market must be self-sustaining and that the user should pay - not the public purse. Another potential source of serious conflict can arise where the government body (e.g. municipality) fails to enforce compliance with exclusivity provisions by tolerating wholesale/retail trading outside the precincts of the market. Several approaches can be followed to minimize these potential conflicts: 1. Representation of the approving government/department body in the managing authority - to insure an understanding of, and a commitment to, the proposed financial arrangement (e.g. fees, loans). 2. Regular coordination meetings of the involved departments/body with the managing authority.

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3. Making financial autonomy, and the need for self-sustainability, a part of the regulation or agreement which establishes the managing authority. Networking of markets Sometimes the organization set up to manage a central wholesale market has also been given the responsibility to develop and manage local regional market facilities. The intention is to link these regional markets with the central market. Often this approach has mixed success compared with that of having local regional representatives manage the local markets and having either representation from the central market or regular, programmed coordination meetings. Linking market centers with telephone, fax, and e-mail services and the development of a timeeffective market reporting service covering all markets can be an effective means of helping to ensure that the desired level of linkage occurs.

Major Issues for Effective Market Management

The major issues which can have an impact on effective market management are listed here and summarized in this section. These are: 1. Appropriate control of assets; 2. Necessary powers and authority; 3. Effective agreements with market users; 4. Compliance with market rules, contracts and agreements; 5. Economic viability and sustainability;
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6. Effective relationships with market users, service providers, government agencies and other markets; Political issues, which frame the decisions taken by the authorities concerned, are the backbone of the marketing system. Relevant issues are whether or not there will be government intervention in the supply of food, the allocation of competences among the various authorities, management and operation modalities, etc. Legal issues the following are examined: the legal and regulatory framework as regards the setting of competencies in this regard, the possibility of a legal vacuum and the criteria which should regulate the provision of market services. As regards the role of the institutions, three levels of administration are recognized: Municipality, Management, and Stakeholders (vendors). Their respective share of responsibilities and the possible conflicts among the three levels are outlined. Which institution, and at which level, should take the initiative for the promotion, and utilization of the markets. Thus, the need to strengthen the institutions in this regard is dealt with. The profit and loss statement of a market corporation is of ever growing importance. Budgets which anticipate a loss cannot be permitted, and those simply in balance are ever less accepted. A sound policy of rates and income is a conditio sine qua non for the proper running of a market. The expenses account has also a great importance. Publicizing the operational results of the market is nowadays a necessity. At the same time, market corporations must provide information on a continuing basis on all aspects related to the supply of food to consumers. Another relevant aspect is ensuring that consumers and buyers generally are represented in the governing bodies of the market corporation. This facilitates a smooth operation and the prevention of problems. Training of personnel should not be neglected, as it becomes more and
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more an important issue in food marketing. All of the issues mentioned must be duly included and quantified in the accounting and other records of the market corporation. Lastly, for the effective functioning of the market, and to achieve and maintain market transparency, it is imperative that suitable mechanisms be set in place to monitor management and the application of rules governing commercial transactions.

Recommendations

Upon careful analysis of the data gathered about the current operation of Jaen public market, it is noted that there is no existing market code that anchors its management and operations. The new Jaen Public Market which started its operation in 2006 has no clear and legal bylaws that served as the reference of the market stall owners, market personnel and the community people in the town. So as the result, the operation of the market is not subject to any existing rules and regulations. Market stall owners are paying their daily fees without even holding certificates of ownership that supposedly awarded to them during the first day of its operation. Market personnel are not confined to do the job required to them; rather, some of them are detailed in the different departments in the municipal hall. Market collector collects the market fees and remits to the municipal treasurer on a daily basis whatever the amount he collects for the day. Since the stall owners income is not subject to audit, they cant pay their fees if they

dont open their stalls. The market collection per day is then irregular leading to the low income of its operation, inadequate even to support its needs and pay its debt in the bank. A good market is self liquidating, able to provide its needs and can also be a source of fund for other projects in the municipal hall.
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Over a million pesos is still allocated by the local government of Jaen to support the needs of its public market. (See attached approved annual budget plan of the municipality). This budget can somehow be allocated to the social services and other needs of the town if only the income of the market is able enough to support its needs. By studying the success of the different public markets in the Philippines, it is noted that they have a commonality; all of these public markets have market codes that define clearly the duties and responsibilities of the market personnel, these market codes also indicate a good system of collection that lead to a good income of each market being studied. Public market management should therefore abide in definite set of laws to be truly successful or at least self liquidating. The researchers therefore recommend the strong need of the public market of Jaen to create its own market code for the improvement and proper operation and management of the market. This project on the provision of Jaen public market code is viewed by the researchers as the top necessity of the market to be able to improve its operation and management. The inputs and recommendations of this study contributed significantly in the formulation of Municipal Ordinance No.004, creating Jaen Market Code. The full text are shown in Appendix A.

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REFERENCES

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APPENDICES Appendix A Municipal Ordinance Creating the Jaen Market Code

Republic of the Philippines Province of Nueva Ecija MUNICIPALITY OF JAEN MUNICIPAL ORDINANCE NO.004 (Resolution No. 090, s 2008)

Introduced by: Hon. RUBEN S.A. ISON, Chairman Committee on Public Market, Hon. Lorlyn Y. Garcia, Chairman Committee on Trade and Industry, Hon. Norman M. Velarde, Chairman Committee on Ways and Means,Vice Mayor Henry M. Velarde,

BE IT ORDAINED AS IT IS HEREBY ORDAINED by the SANGGUNIANG BAYAN JAEN, NUEVA ECIJA in session duly assembled: 75

TITLE 1. GENERAL PROVISIONS

Section 1 Title This ordinance shall be known as Jaen Market Code of 2008 Section 2. Coverage. a. Provisions of this code shall govern the establishment, classification, administration and operation of Jaen Public Market and the imposition and collection of market rental fees for occupancy thereof. b. To established a self-reliant and viable eco enterprises, through the operation of public markets equipped with facilities for the services of the buying public. Section 3. Definition of Terms. Whenever used in this code, the following terms shall mean: a. Ambulant/Transient or itinerant vendors are those vendors who sell their merchandise by moving from one place to another and are not occupying a permanent stall or space in the public market. b. Bagsakan refers to an open area, which served as a service landing area for goods in bulks delivered by suppliers and producers for wholesale purposes. c. Board refers to the Jaen Market Board. d. Carenderia refers to any public eating-place, where pre-cooked foods are served and sold. e. Cargador/Carrier refers to any person who for a fee carries goods or merchandise from one place to another for the convenience of vendors and consumers. f. Charge refers to a pecuniary liability imposed against property and persons in a form of rent or fee. g. Cereals refers to rice, corn and other marketable and consumable grains. h. Cold Storage refers to a place where perishable goods are stored and preserved. i. New Occupant an individual or juridical person who qualified and won the bidding and granted with new contract of lease. j. Old Occupant refers to person who have been previously granted with contract of lease and who have previously occupied old stall/spaces. k. Occupancy Fee refers to the minimum bid amount of the stalls imposed to interested/legitimate bidders. l. Market Fee is referred to the regulatory fees collected daily for the use of the Local Government Unit (LGU) owned stalls/spaces. m. Nuisance Item refers to item such as copra, palay, peanuts, corn and flammable items that may cause obstruction and fire. n. Dealer means one whose business is to buy and sell merchandise, goods, and chattels as a merchant. He stands immediately between the producer or manufacturer and the consumer and depends for his profit not upon the labor he bestows upon his commodities but upon the skill and foresight with which he watches the market. 76

o. Dry Goods refers to all kinds of textiles, ready made dresses and apparels, toiletries, novelties, shoes, laces, kitchen wares, utensils and other household articles, handbags and supplies of the same nature. p. Extension area refers to an area utilized by the stall/space holder for the display of their goods or service to its customer beyond the original area covered by the lease. q. Lease refers to a written agreement through which the Municipality of Jaen conveys possession and occupancy for a specified period and for a specified rent of any portion of its market buildings or spaces to another person who binds and accepts the same. r. Lessee refers to a person having in his/her possession a duly executed contract of lease for a specified rental, granted in his/her favor by the Municipality of Jaen. s. Lessor refers to the Municipality of Jaen or its authorized representative who transfers, conveys and assigns the temporary possession and occupancy of any real property or any portion thereof, for specified rental and period by an agreement or contract of lease. t. License or Permit refers to a privilege or permission granted in accordance with law or ordinance by a competent authority to engage in some businesses, occupations or transactions. u. Market Premises refers to any space in the market compound including the bare ground not covered by buildings. v. Market sections refers to classified stalls and spaces selling the same nature and kind of goods and services in a specified area. w. Market stalls refers to any specified and assigned area or booth in the public market where merchandises or services are sold or offered. x. Public Market refers to any space, building or structure of any kind owned and/or operated by the Municipality of Jaen, constructed for the purpose of providing space and/or stalls where goods of any kind and services maybe sold or offered. y. Peddler refers to a person who, either for himself or on commission travels from one place to another in order to sell his goods. z. aa. Rental fee means a charge fixed by law or agency in the form of money or otherwise for the enjoyment or use of a thing. bb.Stallholders refers to those who have been granted the permission or privilege to use a stall or booth, where they can display and sell their goods and pay rentals thereon. cc. Support facilities refers to service areas provided, to support operations of the market including the Bagsakan, waste collection state, poultry dressing area, ice and cold storage facilities, warehouse and storage rooms, toilets, parking area, slaughterhouses, trading posts. dd. TITLE 2 THE JAEN PUBLIC MARKET BOARD Section 4 Creation For the attainment of the objectives enunciated by this Code, a Body is hereby created which shall henceforth be known as the Jaen Public Market Board. 77

Section 5 Composition The Board shall be composed of the following: Municipal Mayor Municipal Vice Mayor Market Administrator/Supervisor I SB Market Committee Chairman President of Market Vendors Association SB Chairman on Ways and Means Municipal Treasurer Municipal Planning and Development Officer Municipal Engineer Municipal Health Office PNP Chief of Police LGU Jaen -Chairman -Vice Chairman -Member -Member -Member -Member -Member -Member -Member -Member -Member

Section 6. Power and Functions a. Conduct the drawing of lots and opening of bids in connection with the adjudication of vacant or newly constructed stalls or booth in the Municipal Market and award market stalls to qualified parties. b. Formulate policies, rules and regulations for market operations and administration. c. Conduct periodic review of municipal market operation. d. Determine and fix market rates and fees at levels in order to render market operations economically viable and self-reliant, subject for review and approval of the Sangguniang Bayan. e. Hear and settle grievance arising out of market operations and administration. Section 7. Term of Office. All members of the Jaen Public Market Board shall hold office for the duration of the terms of the office to which they were elected or appointed. In case of the SB representatives, they shall hold office for as long as they are still the Chairperson of the respective SB Committees, which they head. Section 8. Meeting. The Jaen Public Market Board shall have its regular meeting every ________________ of the month, however the Chairman may call a special meeting anytime for the purpose of taking up specific matters upon request from any of its members. 78

Section 9. Excerpt of Meetings. Results of proceeding in every meeting must be fully documented and a copy shall be furnished to each member not later than 5 working days after each meeting held.

TITLE 3. SUPERVISION, ADMINSTRATION & ENFORCEMENT OF RULES AND REGULATIONS Section 10. General Supervision and Control. The Municipal Mayor shall exercise general supervision, administration and control over the operations of public markets and the personnel complement assigned therewith, including those whose duties concern the maintenance, upkeep of sanitation and the peace and order in the market premises in accordance with laws, rules and regulations of public markets and ordinances pertaining thereto. Section 11. Immediate and Direct Supervision. There shall be a Market Administrator/Supervisor who shall exercise immediate and direct supervision and control over the operation of public market and who shall enforce all ordinances and regulations in all matter relative to the operations of the public market. In the absence of the Market Administrator/Supervisor, an Assistant Municipal Administrator/Supervisor will perform the functions of the former. Hence, there is a need to create positions for Market Administrator/Supervisor and Assistant Market Administrator/Supervisor. Section 12. Duties and Functions The Market Administrator/Supervisor shall: a. Implement and execute the plans and policies of the Board in the operation of the public markets concerning sanitation, cleanliness, security and order within the market premises; b. Supervise and evaluate the activities and performance of his subordinates and investigate all complaints relative thereto and recommend to the Market Board the proper actions to be taken; c. Supervise, evaluate and administer market properties, including the acquisition, maintenance, utilization and disposal thereof; d. Coordinate/ cooperate with the Municipal Treasurer on matters of collection and imposition of fees and charges; e. Recommend to the Municipal Mayor the creation of necessary positions in the public market for effective and efficient delivery of the needed services in its operation; f. To render Monthly Report to the Board on the market operations for evaluation and appropriate action. TITLE 4. MARKET RULES AND REGULATIONS

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Section 13. Enforcement of Rules and Regulations The Municipal Mayor through the Market Supervisor shall have the authority to enforce and implement these market rules and regulations. Section 14. Coverage. These market rules and regulations shall apply to all employees of the market, market vendors and general public who do business inside the public market. Section 15. Business Permit Regulations. No person shall be allowed to engage in any kind of business inside the public market or in the immediate premises thereof, without first securing a business permit. All market vendors engaged in the business of food handling shall secure an annual sanitary permit and a health certified ID in addition thereto. Food handlers are also required to secure Health Certificate, and a follow-up medical examination every six (6) months. Failure to secure these permits shall mean automatic closure of the establishment. Section 16. Prohibited Acts by market vendors in the conduct of business: a. Selling of goods not designated in assigned areas. b. Unauthorized making of extensions of stalls beyond leased areas and/or utilizing pathways for display of goods. c. Short weighing and false measuring including tampering of standard weights and measures. d. Bringing in motorcycles, bicycles, pushcarts and the like inside the market compound except in any designated areas. e. Utilizing any of the stalls or market spaces as residence or living quarters. f. Littering, vandalism and improper use of comfort rooms and non-observance of cleanliness and orderliness. g. Selling or transferring the privilege to lease the stalls or spaces or permitting another person to conduct business therein. h. Operation of Videoke machines and the like. i. Display and selling of illegal products/items. Section 17. Obligatory Duties and Responsibilities of the Market Vendors. a. To have his/her picture conveniently framed and hung up conspicuously in the stall. b. To secure business permit and have it renewed upon expiration. The same must be conspicuously displayed at his/her stall for ready inspection. c. To keep his/her stall in good sanitary condition at all times, by having a segregated garbage in a can or receptacle. d. To pay promptly without demand his/her market dues and other fees at the market office. In case of his/her failure to do so, pay all fines and penalties accruing thereto. 80

e. To present and have their weighing scales calibrated and sealed at the Market Office. Section 18. Sanctions and Penalties for Violation. Violations committed on any of these market rules and regulations, not otherwise covered by the existing law and ordinance, rules and regulations shall be dealt with in accordance with the following: a. First violation b. Second violation c. Third violation -Fine of __________ -Fine of __________ -Fine of___________

Section 19. Temporary Closure and Monitoring of Violation. A temporary closure of stall or business shall be summarily made upon non-payment of fines on any and all violations committed, upon due investigation and hearing conducted by the Market Administrator/Supervisor. In case of the revocation of permit or termination of lease, the hearing shall be investigated and heard by the Board. For the effective monitoring, the Market Administrator/Supervisor shall always keep an updated vendors conduct record where all violations will be recorded for ready reference. Section 20. Wearing of Uniforms and Identification Cards All market personnel shall wear uniforms and identification cards. Section 21. Recognition of Cargadors or Carrier The recognition of carriers in the public market for the convenience of vendors and consumers alike is given equal importance in the Jaen Market operation. Relative thereto, each carrier must be provided by the Market Administrator/Supervisor with registration certificate and identification card which shall be worn conspicuously while working as carrier, provided that the carrier is a resident of Jaen, Nueva Ecija in good health and has not been convicted of any crime against property. Section 22. Special Provisions This market rules and regulations shall be suppletory only to laws, rules, and regulation, ordinances, resolutions and memorandum, which govern the operation of public market. TITLE 5. STALL ADJUDICATION Section 23. Vacancy of Stall/Booth; Adjudication to Applicant. Vacant market stalls/booth shall be adjudicated to qualified applicant in the following manner: 81

a. Notice of vacancy of vacant shall be made for a period of not less then (10) days immediately preceding the date fixed for their award to qualified applicants. Such notice shall be posted conspicuously on the unoccupied booth/stall and the bulletin board of the market. This notice of vacancy shall be written on cardboard, thick paper or any suitable material and shall be in the following form: NOTICE

Notice is hereby given that Stall/Booth No._________ of the Jaen Public Market is vacant or will be vacated on ______ 20 _______. Any person, 21 years of age or more who is not legally incapacitated, desiring to lease this Stall/Booth, shall file an application therefore on the prescribed from (copies may be obtained from the Office of the Market Administrator/Supervisor) during office hours and before 12:00 oclock noon of ___________, 200___. In case there are more than one applicant, the award of the vacant stall/booth shall be determined thru drawing of lots/bidding to be conducted on ___________ 200___ at ____________ by the Market Board. This stall/booth located in the __________ section and is intended for the sale of _______________.

_____________________________
MARKET ADMINISTRATOR/SUPERVISOR I

b. The application shall be under oath and shall be submitted by applicant or through his or her Attorney in following subscribe form: APPLICATION TO LEASE THE MARKET STALL The Honorable Mun. Mayor Jaen, Nueva Ecija Checked area: ________Grocery/ Sari Sari ________Dry Goods ________Cafeteria ________Local Beverage/Liquor _________Lechon/Barbecue _________Checherias _________Vegetable spices _________Marine Products 82

________Local Delicacies ________Fruit and Flowers ________Audio/Video products ________Communication Products

_________Dried meat/fish _________Rice/corn _________Agri Supplies _________Other (specify)

I hereby apply under the following contract for the lease of Stall No. (s) ________ in the market. I am _______ years of age, married/single, a citizen of the Philippines and residing at _______. Should the above-mentioned stall be leased to me in accordance with the market rules and regulations, I promise to hold the same under the following conditions: 1. That while I am occupying or leasing this stall(s), I shall at all times have my picture conveniently framed and hung up conspicuously in the stall. 2. I shall keep the stall(s) at all times in good sanitary condition and comply strictly with all sanitary and market rules and regulations now existing or which may hereafter be promulgated. 3. I shall pay the corresponding rents for the booth(s) or stall(s) in the manner prescribed by existing rules and regulations. 4. The business to be conducted in this stall(s) shall belong exclusively to me and may only sell goods and commodities as authorized per established sectioning as indicated on the above list of my choice. 5. In case I engage helpers, I shall nevertheless be present at the stall(s) or booth(s) and I shall promptly notify the market authorities of my absence, giving my reasons or reasons therefore. 6. I shall not sell or transfer my privilege to the stall(s) or booth(s) or otherwise permit another person to conduct business therein. 7. Any violation on my part or on the part of my helpers of the foregoing conditions shall be sufficient cause for the market authorities to cancel the contract. Very respectfully,

__________________ Applicant

Date:______________

83

I ________________, do hereby state that I am the person, who signed the foregoing application; that I have read the same; and that the contents thereof are true to the best of my own knowledge.

________________ Applicant T.I.N. _____________

SUBSCRIBED AND SWORN to before me in the Municipal of Jaen, Nueva Ecija, Philippines this ________ day of ________ 200 ____ applicantaffiant exhibiting to me his/her Residence Certificate No._____ A/B issued on ___________ at ___________, Philippines.

_______________ Official Title

Section 24. Vacancy of Stall Before Expiration of Lease Should for any reason, stallholder or lessee discontinue his business before his lease term of the stall expires, such shall considered vacant and its occupancy thereafter shall be adjudicated in the manner herein prescribed.

TITLE 6. GUIDELINES FOR THE CONDUCT OF BIDDING AND GRANTING OF AWARD

Section 25. There shall be established guidelines for the conduct of bidding of the stalls/spaces of the New Public Market of Jaen, Nueva Ecija, to wit: a. The bidding shall be conducted and supervised by the Bids and Awards Committee (BAC) of the Municipal Government of Jaen and the bidding shall be made through sealed bid. b. The Bids and Awards Committee (BAC) shall determine the date, time and venue of the bidding and that information and announcement of the same shall be posted in conspicuous places for a period of 15 days. 84

c. The bidding shall be conducted in a public place visible and accessible to the people. d. All applicants/bidders should be of legal age, Filipino citizens and preferably residents of the Municipal of Jaen, Nueva Ecija. e. Old occupant is automatically disqualified to participate in the bidding unless he is able to pay all his arrears and obligations to the Municipal Treasurers Office. New applicant/bidder is only limited to one stall/space. However, if there are still vacant stalls he may opt to participate in the bidding of the vacant stall, Provided he/she shall not occupy more than two (2) stalls. f. Local businessmen and residents shall be given priority to bid, however, if local bidders lose interest to bid, the bidding shall be made open to all interested bidders elsewhere. g. The highest bidder shall automatically be the winning bidder in a particular stall/space. In case there is a tie of the highest bid, there shall be a re-bidding for those bidders who got the highest bid and that the re-bidding shall start from the highest bid amount. h. Winning bidders shall be notified and shall receive certificate of award as proof of their being granted the legal right to occupy a particular stall/space. i. The bidding payment shall be in cash basis or in a form of manager checks. Section 26. Only winning bidders are granted the legal rights to occupy and operate a particular stall or space. For the old occupant who at present occupies two or more stalls is automatically awarded of only two (2) stalls as incentives provided he will pay the specified minimum bid price for every stall. After the award of any stall/space, contract of lease shall be ececuted by and between the LGU-Jaen represented by the Municipal Mayor and the awardee. The lease of contract is valid only for a period of two years and renewable for another two years with no bidding subject to the approval of the Market Board in order to prevent the lessee to sub-lease or sell his right to another person on the space/stall awarded and in order to assess the stallholders adherence to the terms and conditions of the lease contract and the rules and regulation provided herein. Section 27. The occupant shall provide fire extinguisher and the electric meter with the supervision of the Municipal Engineer and payment of monthly bill. Section 28. All related fees such as Municipal Business Permit, BIR Clearance and others shall also be complied by the occupant before he is allowed to occupy the stall/space. Section 29. Lease Contract Agreement For every stall awarded, the successful applicant must sign a contract of lease and observe the terms 85

and conditions set forth therein. Documentation shall be at the expense of the lessee. The Contract shall be in following form:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE made and entered into by and between: The Municipality of Jaen represented by the Municipal Mayor and in his behalf as Chairman of the Jaen Market Board hereinafter referred to as LESSOR and ____________________________ of legal age, Filipino, single/married/widow resident of __________________, Philippines hereinafter referred to as the LESSES; WITNESSETH The Municipality of Jaen, Nueva Ecija is the owner of Jaen Public Market, That for and in consideration of the agreement hereinafter stipulated, the herein named LESSOR do hereby lease unto LESSEE, a space/stall/block at the _____________________ sector. That under Ordinance No.______________ duly adopted and approved by the Sangguniang Bayan the Jaen Public Market Board through raffle/bidding conducted for the purpose has awarded to the LESSEE, subject to the following terms and conditions:

1. That the LESSEE shall occupy and engage business therein in accordance with the plans and programs of LESSOR, subject to the legal requirements on business: 2. That the LESSEE for and in consideration of its occupation shall pay monthly Black Rental of: New Public Market (front) -________ New Public Market (back) Fish Meat stalls -________ -________ 86

Carenderia (new) Eatery (old) Painitan (stall not provided by LGU) Vegetables/sari-sari Tubaan ticket Dry goods Dried/Salted Fish

- _______ - _______ - cash ticket P 5/day -________ -______/table/month plus cash

-______/table/month plus cash ticket -________/month/stall

payable on or before the last day of the month. Payment within the first five (5) days of every month shall be entitled to 20% discount. 3. That the LESSEE must be prompt in paying his/her rentals in accordance with this contract, so that failure on the part of the LESSEE to pay his/her monthly rentals or a period of three (3)months, or found to have violated any of the terms and conditions of this contract, will give rise to the right of the LESSOR to automatically terminate this contract through the Municipal Mayor upon the recommendation of the Market Board and open the above-described property to public bidding on the right to occupy; 4. That by occupying or leasing said space, the LESSEE shall at all times have his/her picture conveniently framed and displayed conspicuously in the premises to include the business permit; 5. That the LESSEE keep the premises at all times in good sanitary condition and comply strictly with all sanitary market rules and regulations now existing or which may hereinafter be promulgated. Any violation thereof maybe subject to cancellation of the lease of contract; 6. Before any repair could be done, the LESSEE has to file an application specifying the area to be repaired which shall be indicated in the permit to repair issued by the Mayor thru the Market Administrator/Supervisor; 7. Lease contract of the stall/space awarded is strictly not-transferable. If upon investigation the stakeholder / lessee have been found to have transferred, sub-leased and sold his rights to anybody, his lease contract shall automatically be terminated or revoked by the Municipal Mayor upon recommendation of the Market Board and payments made shall not be refunded by the LGU. 8. That the LESSEE shall use the leased premises exclusively for the business applied and shall have no right to use the same for dwelling purposes, sleeping quarter, BODEGA or storage and the like; 9. Buying of palay, copra and other nuisance items within the stalls and areas granted is strictly prohibited; 10.That the lease contract shall be subject to a three (3) months rental deposit, aside from the bidding prize which shall be refundable without 87

delay upon surrender and or termination of occupancy which shall answer for any unpaid obligation by the lessee in favor of the lessor; 11.That the LESSEE shall notify the LESSOR at least thrity (30) days in advance should the former decides to abandon and/or vacate the leased premises and surrender his/her business at the office of the Market Administrator/Supervisor; 12.That this contract of lease is good only for two (2) years, and may be renewed if the LESSEE is found to have religiously complied with the terms of this contract; 13.That there shall be actual re-bidding of all stalls within the Public Market every ten (10) years upon occupancy, subject to the terms and conditions to be determined by the Market Board; and 14.That the LESSOR and LESSEE hereby agree and covenant to fully comply with the provisions of Ordinance, laws, rules and regulation affecting the operations of the lessees business/or occupancy in the market. All actions arising from this contract shall be brought and heard by the Jaen Public Market Board. For adjudication and resolution, any court action shall be filed with the Municipal Circuit Trial Court of Jaen, Nueva Ecija, Documentation shall be at expense of the Lessee. IN WITNESS WHEREOF, parties have hereunto set their hands this _____ day of ______________ 200 _____ at Jaen, Nueva Ecija, Philippines.

MUNICIPALITY OF JAEN Lessor

__________________ Lessee CTC No.__________ Issued at __________

By: ________________________ Mayor CTC No.__________ Issued at __________ On__________ 200__

On__________ 200__

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SIGNED IN THE PRESENCE OF:

1.__________________________

2.______________________

Republic of the Philippine ) Province of Nueva Ecija Municipal of Jaen )s.s

BEFORE ME, Notary Public for and in the Province of Nueva Ecija, this ______ day of _______________ 200 _____ personally appeared Judith Del Rosario Cajes and __________________ known to me to be the same person who executed the contract of Lease and acknowledge under oath that the same is their own free and voluntary act and deed. WITNESS MY HAND AND SEAL on the day and place above written ______________________ NOTARY PUBLIC

Section 30. Certificate of Award to Successful Applicant of Vacant Market Stall To authenticate the results of the adjudication of the vacant stall(s), a certificate of award shall be issued to the successful applicant. The date of the issuance in the certificate of award shall be the basis of determining the start of payment of rental by the successful applicant, not wish standing when the actual occupancy or start of business operation by stallholder begins. The Certificate of Award shall be issued within 10 days after the drawing of lots/bidding as the case maybe. The Certificate shall be on the following form: 89

CERTIFICATE OF AWARD (on vacant stall/both lease to successful applicant)

This certificate is hereby issued to _____________, a resident of ___________and a qualified applicant for the lease of stalls no. _______, at the public market by the Jaen Public Board conducted last section and is intended for the sale of __________.

Issued this ________ day of ____________ 200 ____ Jaen, Nueva Ecija, Philippines. ______________________ Municipal Mayor

Section 31. Stall/Space Vacancy. A market stall/space is deemed vacant under any of the following conditions: a. When it is newly constructed and not yet leased and awarded to qualified applicant. b. When it is declared vacant by the Board by reason of abandonment of the Lessees, and violations by the Lessee of any of the terms and conditions of the contract of lease, policies, rules and regulation promulgated for their observance. c. Death of the Lessee d. Voluntary surrender by the Lessee Section 32. Effect of Death of Lessee/stallholder Upon the death of the holder of stall/Lessee, the contract of lease covering the stall shall be deemed terminated. However, the surviving spouse, direct heirs and/or estate of the deceased who desire to continue the lease and business of the deceased may apply and the lease may be then transferred to the qualified legal heir applicant; 90

provided that the Board be notified within thirty (30) days after the death of the Lessee/Stallholder and upon payment of all necessary rents or fees due at the time of death of the original Lessee by the legal heir applicant.

Section 33. Idle or Inactive Stalls. Any stall/space that shall be idle for three (3) months or 90 consecutive days for whatever reason shall be declared abandoned or vacant and shall be subject to bidding and be awarded to the qualified bidder upon payment of accrued rental dues and other fees. Section 34. Losses of Stallholders. The Municipality shall not be responsible for any loss or damage, which stallholders may incur in the municipal market, by reason of fire, theft or robbery or force majeure. It shall be the duty of the Market Administrator/Supervisor to exercise utmost vigilance and care to prevent any loss in the Municipal market. For this purpose, the Market Administrator/Supervisor shall have authority to apprehend and turnover to the Police any person caught stealing or committing any offence in the public market and file appropriate legal action./complaint for the prosecution of the offender. Section 35. Extension of Stall Spaces. There shall be no extension of stall space other than those already covered by plans previously approved by the Board. However, areas utilized as extension for the display of the stallholder goods that do not obstruct the flow of traffic or the passage of the buying public may be allowed, provided that stallholder be charged double the rates based on a per square meter daily rate (specify the daily rate) basis imposed on the area concerned in addition to the monthly rentals already imposed on the stalls where extension was made. Extensions that obstruct the free passage of the buying public shall be removed summarily. The Market Administrator/Supervisor must see to it that appropriate boundary makings shall be made to monitor and effectively implement the extension of stall charging.

TITLE 6. COLLECTION, ASSESSMENT AND PAYMENT OF STALL RENTALLS AND MARKET FEES Section 36. Direct and Immediate Supervision on Collections. The Market Administrator/Supervisor coordination with Municipal Treasurers Office (MTO) shall exercise direct and immediate supervision, administration and control over the collection of all market fees as authorized by this approved ordinance or code. Section 37. Manner of Payment and Assessment of Rental Dues. Rental dues shall be assessed in a daily basis regardless of the manner and term of 91

payment. The Stallholder shall pay his/her rental and other market related charges at the office of the Market Administrator/Supervisor on or before the last day of each month. Payment within the first five days of the month shall be entitled to 20% discount. TITLE 7. INCENTIVE Section 38. Stall occupants acquiring stalls through the open public bidding who for one valid reason or another cease to operate his/her business shall surrender his/her stall to the LGU and upon presentation of documents, qualifies him/her to a REFUND of the portion of his winning bid price as herein provided. However, said refund shall be paid out of the proceeds of the rebidding of the same stall being surrendered. Provided, further that stalls which is/are declared vacant due to violations and non-payment of fees and permits shall not be entitled to refund.

Section 39. The refund Scheme. The refund shall be on the following scheme: (NUMBER OF YEARS IN OPERATION) 1 year operation 2 years operation 3 years operation 4 years operation 5 years operation 6 years operation 7 years operation 8 years operation 9 years operation (PERCENTAGE OF REFUND) 80% of the winning bid 70% of the winning bid 60% of the winning bid 50% of the winning bid 40% of the winning bid 30% of the winning bid 20% of the winning bid 10% of the winning bid 5% of the winning bid

Business operation/stallholders who have availed of the refund incentive shall not be allowed to participate in any bidding for the occupancy of market stalls.

TITLE 8. OCCUPANCY PRIVILEGE and FEE

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Section 40. The Fixed Occupancy Privilege Fee and Rental. The occupancy fee for stall and rental fee are as follows: A. WET MARKET (OCCUPANCY PRIVILEGE FEED) Php. ___________ ___________ ___________ ___________ ___________ (RENTAL FEE) Per day Php.______/sq. meter/day ______/sq. meter/day ______/sq. meter/day ______/sq. meter/day ______/sq. meter/day

(STALL) 1. Meat stalls 2. Meat stalls 3. Fish stalls 4. Dried/salted fish stall 5. Vegetable stalls

B. MAIN MARKET BUILDING. The fixed Occupancy Privilege Fee for the stalls at the Main Building shall be at Php.______________. STALL RENTAL FEE.. at Php. ______/sq. meter/day.

Section 41. Vacant and other designated stalls for bidding. Remaining stalls after the award to dislocated stall occupants and other designated stalls as herein provided shall be submitted to an open (viva voce) BIDDING, in full cash basis and the STARTING BID PRICE shall be as follows:

1. WET SECTION: (KIND OF STALL/LOCATION) a. Meat stall b. Fish stall c. Dried/Salted Fish & Vegetable stalls 2. MAIN BUILDING a. Stall facing highway b. East side c. West side

(STARTING PRICE) ____________ ____________ ____________ (STARTING PRICE) ____________ ____________ ____________ 93

3. OTHER STALLS to be determined by the Sanggunian

Section 42. Other Provisions. Occupancy of the stall shall strictly observe market rules and regulations specially payment of previous delinquency/ies otherwise, his/her privilege over the stall shall be forfeited and a penalty is imposed upon them.

Section 43. Market Sections for purposes of this Article, the Public market of the Municipality of Jaen shall be divided into the following sections: (refer to Archt. Pucanan) WET MARKET 1. Fish 2. Meat /Chicken 3. Dried/Salted Fish 4. Vegetable MAIN BUILDING 1. Dry goods 2. Eatery 3. Rice and Corn 4. Grocery 5. Miscellaneous

a. Dry goods section refers to the area where dry goods like footwears textiles, kitchen utensils, checherias, glassware, native products and school bags shall be sold. b. Eatery section refers to the area where carenderia, refreshment parlor, restaurant, cafeteria, panceteria, and other cooked and prepared foods shall be sold. c. Rice and Corn section refers to the area where rice, corn, feeds, hog mash, and other cereal shall be sold. d. Groceries section refers to the area where bakery products, canned goods, flour, onions, garlic, pasta products, all kinds of cereals, preserved foods, and other household products shall be sold. e. Fish section refers to the where fresh fish, seaweeds, or other marine product shall be sold. f. Meat section refers to the area where dressed chicken, pork beef meat, and all kinds of meat, properly inspected by the meat inspector shall be sold. g. Dried and salted fish refers to the area where dried and salted fish shall be sold. h. Vegetables section refers to the area where leafy and fruit vegetables shall be sold. i. Fruit section refers to the area where all kinds of fruit shall be sold. 94

j.

Flower shop section refers to the area where all kinds of fresh flowers and other artificial flowers shall be sold. k. Miscellaneous section refers to the area where not classified business are allowed to display their goods. Section 44. Toilet Fee To regulate the sanitation and use of market comfort rooms, there is hereby imposed a fee of Php_________ for the use of the facility.[ omitted ] Section 45. Transient Vendors and Rolling Business Transient vendors and roving salesmen shall not be allowed to do business in the public market unless they have secured first a Mayors Permit from the office of the Municipal Mayor and after payment of Php_____________ at the Office of the Municipal Treasurer. The Mayors Permit for transient vendors and salesmen shall be renewable on or before January 20th of each year. Section 46. Registration Fee For Carriers There shall be collected a registration fee of Php__________ per year and renewable on or before January 20th of each year for carriers (Cargadores) duly registered and recognized by the Office of the Market Administrator/Supervisor. Section 47. Entrance fee for goods, commodities and other items for sale brought inside the Public Market. There shall be collected an entrance fee for all goods, commodities and other items for sale inside the public market by transient vendors according to the following schedule: 1. 2. 3. 4. 5. a.) Sea Products (Fresh Fish) Bansikol, Tabudlos, Mangsi, Bangus, Kutob, Barungoy, Tolingan and all other similar fish. ___________/kilo Lapu-lapu, Tangigi, Kitong, Bariles, and All considered first class fishes Prawns, Shrimps, Crabs(Alimango),and All other similar species Sea Shells Dried, salted and smoked fish b.) Meat, Beef and Pork c.) Vegetable and Spices d.) Cereals, rice, corn and etc. ___________/kilo ___________/kilo ___________/kilo ___________/kilo ___________/kilo

e.) Rootcrops products (banana, camote, sassava, etc.) ___________/kilo f.) Animals Fees g.) Forest product: ___________/kilo 1. Firewood ___________/kilo 95

2. Charcoal ___________/kilo h.) Fruits: 1. Local ___________/kilo 2. Imported ___________/kilo i.) Novelties, Farm Implements, Kitchen utensils, Fashion accessories and similar products ___________/kilo j.) Egg ___________/kilo k.) Noodle, Tanghon, Powder milk other similar product___________/kilo l.) Edible Oil ___________/kilo m.) Soft drinks ___________/kilo n.) Liquors ___________/kilo o.) Cigarettes ___________/kilo p.) Tuba, Bahalina and Lambanog ___________/kilo q.) Wheat/Flour ___________/kilo r.) Sugar ___________/kilo s.) Iodized salt ___________/kilo t.) Salt (ordinary) ___________/kilo u.) Coconut ___________/kilo v.) Goat and Sheep meat ___________/kilo w.) Dressed Chicken or other fowls ___________/kilo

Section 48. Payment of Entrance Fees and Violation Thereof Payment of the entrance shall be payable in advance before any person can sell or offer to sell any commodity or goods within the public market or its premises. Any person, whether transient vendor, supplier or consignee, who brings any commodity or merchandise into the public market or their surroundings premises for sale without first paying the entrance fees herein provided, shall be subjected to a penalty equivalent to 3 times as much as the regular rate of entrance fee on commodities and goods brought into the public market. In case of the non-payment of penalty, commodities or merchandise shall be confiscated in favor of the Municipality of Jaen until payment of the penalty imposed is paid.

An additional of ______ is charged to the owner of the commodity if redeemed after 4 hour and _______ per hour additional penalty for every hour thereafter from the time it was confiscated. In case of non-redemption within 12 hours the same shall be auctioned and proceeds of the sale be considered as to the income from sale of confiscated goods of the market and any excess of the proceeds from the auction sale shall be turned over in favor of the owner of the auctioned products. Subject for further study. 96

Section 49. Fees for Calibration, Sealing and Licensing of Weights and Measures. Every person before using instrument of weights and measures within this municipality shall first have them sealed and licensed annually and pay therefore to the Municipal Treasurer the following fees: a. For sealing metric measures of capacity: Not over 1 meter Over one meter ___________ ___________

b. For sealing metric measures of capacity: Not over 1 meter Over one meter

___________ ___________

Section 49.1 Implementing Agency. The Municipal Treasurer shall strictly enforce the provisions of the Regulation of Practices Relative to Weights and Measures, as provided in Chapter II of the Consumer Act, Republic Act No. 7394. Section 49.2 Sealing and Testing of Instruments of Weights and Measurers. All instruments for determine weights and measures in all consumer and consumer related transactions shall be tested, calibrated and sealed every six (6) months by the official sealer who shall be Municipal Treasurer or his duly authorized representative upon payment of fees required under this Article: Provided, that all instrument of weights and measures shall continuously be inspected for compliance with the provisions of this Article. Section 49.3 Imposition of Fees. Every person before using instruments of weights and measures within this municipality shall first have them sealed and licensed annually and pay therefore to the Municipal Treasurer the following fees: a. For sealing linear metric meter Not over 1 meter Over one meter Amount of fee ___________ ___________

b. For sealing metric measures of capacity: Not over ten meter Over 10 meter

___________ ___________ 97

c. For sealing metric instruments of weights: With capacity of not more than 30 kg. ___________ With capacity of more than 30 kg. but not more than 300 kg. ___________

With capacity of more than 30 kg. but not more than 300 kg. With capacity of not more than 30 kg. d. For sealing apothecary balances of precision ___________

e. For sealing scale or balance with complete set of weights: For each scale or balances or other Balances with complete set of weights for use therewith For each extra weight ___________ ___________

f. For each and every re-testing and re-sealing of weights and measures instruments including gasoline pumps outside the office upon request of the owner or operator, an additional service charge of _____ for each instrument shall be collected. Section 49.4 Payment of Fees and Surcharge. The fees imposed shall be paid and collected by the Municipal Treasurer when the weights or measures instruments are sealed, before their use and thereafter, on or before the anniversary date thereof. The official receipts serving as license to use the instrument which become defective before the expiration period. Failure to have the instrument retested and the corresponding fees therefore paid within the prescribed 98

period shall subject the owner or user to a surcharge of _________________ of the prescribed fees which shall no longer be subject to interest. Section 49.5 Place of payment. The fees herein levied shall be paid in the municipality where the business is conducted by persons conducting their business therein. A peddler or itinerant vendor using only (1) instrument of weight or measure shall pay the fee in the municipality where he maintains his residence. Section 49.6 Exemptions. a. All instruments for weights and measures used in government work of or maintained for public use by any instrumentality of the government shall be tested and sealed free. b. Dealers of weights and measures instruments intended for sale. Section 49.7 Administrative Provisions. a. The official receipt for the fee issued for the sealing of a weight or measure shall serves as license to use such instrument for one year from the date of sealing, unless deterioration or damage renders the weight or measure inaccurate within that period. The license shall expire on the day and the month of the year following its original issuance. Such license shall be preserved by the owner and together with the weight or measure covered by the license, shall be exhibited on demand by the Municipal Treasurer or his deputies. b. The municipal treasurer is hereby required to keep full sets of secondary standards, which shall be compared with the fundamental standards in the Department of Science and Technology annually. When found to be sufficiently accurate, the secondary standards shall be distinguished by label, tag or fundamental standards. If the variation is of sufficient magnitude to impair the utility of instrument, it shall be destroyed at Department of Science and Technology. c. The Municipal Treasurer or his deputies shall conduct periodic physical inspection and test weights and measures instruments within the locality. d. Instruments of weights and measures found to be defective and such defect is beyond repair shall be confiscated in favor of the government and shall be destroyed by the Municipal Treasurer in the presence of the Provincial Auditor or his representative. Section 49.8 Measures Fraudulent Practices Relative to Weights and

The following acts related to weights and measures are prohibited: a. For any person other than the official sealer or his duly authorized representative to place an official tag, seal, sticker, mark, stamp, brand or other characteristic sign used to indicate that such instrument of 99

b. c.

d.

e.

f.

g.

h. i. j. k. l.

weight and measure has officially been tested, calibrated, sealed or inspected; For any person to imitate any seal, sticker, mark stamp, brand, tag or other characteristic design used to indicate that such instrument of weight or measure has officially tested, calibrated, sealed or inspected; For any person other than the official sealer or his duly authorized representative to alter in any way the certificate or receipt given by the official sealer or his duly authorized representative as an acknowledgement that the instrument for determining weight or measure has been duly rested, calibrated, sealed or inspected. For any person to make or knowing sell or use any false or counterfeit seal, sticker, brand, stamp, tag certificate or license or any dye for printing or making the same or any characteristic sign used to indicate that such instrument of weight or measure has benn officially tested, calibrated, sealed or inspected; For any person other than the official sealer or his duly authorized representative to alter the written or printed figures, letters or symbols on any official seal, sticker, receipt, stamp, tag, certificate or license used or issued; For any person to use or reuse any restored, altered, expired, damaged stamp, tag certificate or license for the purpose of making it appear that the instrument of weight or measure has been tested, calibrated, sealed or inspected; For any person engaged in the buying and selling of consumer products or of furnishing services the value of which is estimated by weight or measure to possess, use or maintain with intension to use any scale, balance, weight or measure that has not been sealed or if previously sealed, the license therefore has expire and has not been renewed in due time; For any person to fraudulently any scale, balance, weight or measure after it is officially sealed; For any person to knowingly use any false scale, balance, weight or measure whether sealed or not; For any person to fraudulently give short weight or measure in the making of a scale; For any person, assuming to determine truly the weight or measure of any article brought or sold by weight or measure, to fraudulently misrepresent the weight or measure thereof; or For any person to procure the commission of any such offence abovementioned by another.

Instruments officially sealed at some previous time which have remained unaltered and accurate and the seal or tag officially affixed therein remains intact and in the same position and condition in which it was placed by the official sealer or his duly authorized representative without penalty except a surcharge equal two (2) times the regular fee fixed by law for the sealing of an instrument of its class, this surcharge to be collected and accounted for 100

by the Municipal Treasurer in the same manner as the regular fees for sealing such instruments. Section 49.9 Penalties a. Any person who shall violate the provisions of paragraphs (a) to (f) and paragraph (1) of Section 49.8 shall, upon conviction, be subject to a fine of not less __________________ pesos but not more than _______________ pesos or by imprisonment of not more than one (year), or both, upon the discretion of the court. b. Any person who shall violate the provisions of paragraph of (g) of Section 49.8 for the first time shall be subject to fine of not less than _____________ or by imprisonment of not more the one (1) month but not more the five (5) years, or both, upon the discretion of the court. c. The owner-possessor or user of instrument of weights and measure enumerated in paragraph (h) to (k) of Section 49.8 shall, upon conviction, be subject to a fine of not less than _________________ pesos or imprisonment not exceeding one (1) year, or both upon the discretion of the court. [This Article has updated to conform to the provisions of the Consumer Act of 1992, Republic Act No. 7394.] TITLE 9. MEAT FOR PUBLIC CONSUMPTOIN AND REGULATION THEREOF. Section 51. Food Borne Animals. These are group of animals (livestock and poultry products) generally accepted for use as human food. Such animals include and are limited to the following: a. b. c. d. e. f. Cattle Carabao/Buffalo Horse Goat/Sheep/Deer Hog and Poultry products such as Chicken, Turkey, Geese, Guinea, Fowl, Duck and Quail

Section 52. Non-Food Animals. The following are not generally accepted and recognized by law as human food and their sale prohibited: a. b. c. d. e. f. Dogs; Cats; Monkeys; Crocodiles/lizards; Kangaroos; and Rat/Bats/Snakes 101

Section 53. Confiscation and Disposition of Hot Meat and/or Illegally slaughtered Food Animals/Non-Food Animals. Any and all hot meat or illegally slaughtered food/non-food animals sold and distributed within the Jaen Public Market premises shall be confiscated and forfeited in favor or the Municipal Government which shall in appropriate case, be used as evidence in prosecuting any violation of this ordinance. Any hot meat or illegally slaughtered food animals found to be fit for human consumption by the Municipal Veterinary Officer or Municipal Agriculturist shall be with the recommendation, at the discretion of the Municipal, be sold for public consumption or donated immediately to orphanage, rehabilitation center/correctional institution or similar situation. Unit meat and products and other non-food animals shall be condemned/disposed by the Municipal Veterinary Officer or Municipal Agriculturist. A certificate of acknowledgement from these institutions who accepted donated meat shall be submitted by Municipal Veterinary Officer or Municipal Agriculturist to the Municipal Mayors Office. Owner of the confiscated meat shall be furnished of this certificate. Section 54. Accreditation of Private Abattoirs. The municipal mayor may, upon a resolution of the Sangguniang Bayan of the Municipality, acting on the recommendation of the Municipal Veterinary Officer accredit any private abattoir within its territorial jurisdiction but only for lechon supplier and meat processors. Any and all accredited private abattoirs shall be provided with Municipal Meat Inspectors; which the owner/operator will provide with a suitable place within the abattoir for easy, convenient and prompt meat inspection of the slaughtered animals. Slaughterhouse for lechon suppliers and meat processors with corresponding business permits and with facilities and operational procedures of minimum adequacy shall be allowed to apply for accreditation yearly. Periodic evaluation every 6 months by the Municipal Veterinary Officer or Municipal Agriculturist shall be required and such facilities and operational procedures shall be required and such facilities and operational procedures shall be sanitarily maintained. Failure to meet sanitary standard shall cause the cancellation of permit/accreditation.

102

There shall be imposed and collected an annual accreditation fee in the amount of _______________ for any and all private slaughterhouse for meat processors operating within the territorial jurisdiction of the Municipality of Jaen, Nueva Ecija. An inspection fee in the amount of ______________ shall also be imposed for any and all hogs slaughtered in private slaughterhouse for lechon and meat processors.

Section 55. Registration and Licensing/Accreditation. All meat handlers, butchers, meat vendors, meat dealers, meat processors and meat stall/shop operation who are involved in the orderly, safe and hygiene handling of meat and meat products shall be required yearly to register and apply for license/accreditation annually not later than January 20 of every year and thereafter. There shall be an annual fee for registration, licensing/accreditation for the following classification at the rates prescribed as follows: Classification Accreditation 1. Meathandlers/cutters/butchers/helpers/vendors ____________ 2. Meat Stallholders (Public Market) ____________ 3. Meat shop operator (outside public market) ____________ 4. Meat dealers/Supplies ____________ 5. Meat by-Product Processors ____________ Registration ___________ ___________ ___________ ___________ ___________

Section 56. Qualification and Requirement for Registration and Licensing/Accreditation. Any person applying for a license as meat handler, butcher, meat vendor, meat dealer, meat processor, meat stall/shop operator or helper must possess the following qualifications: a. He must be not less than 18 years old. b. He must be free from tuberculosis and/or highly communicable deceases and a Certificate from Municipal Health Officer shall be secured prior to the filing of the application. 103

c. He must secure a police clearance prior to his application. d. Meat dealer, meat stall/shop operators operating within the territorial jurisdiction of Municipal of Jaen shall secure business permit prior to his/her application for licensing/accreditation. The meat handler/cutter, meat butcher/helper, meat vendor, meat dealers/suppliers, meat stall/shop operators whose applications for licensing/accreditation have been approved by the Municipal Veterinary Officer shall be issued by the corresponding license and identification cards by the Municipal Mayor. Section 57. Transportation. a. Only official municipal meat van and government-accredited meat van shall serve as delivery vehicles of dressed carcasses and offals from the Municipal accredited abattoir to the different outlets for public sale. b. Private establishment like hotels, malls, supermarkets, cold storage facilities and private client markets with supply requirement of 10 heads or more in case of hogs and 2 heads or more in case of cattles, may provide their own delivery vehicles provided specifications of the same have passed government standard for meat hygiene. c. No person shall be allowed to hitch ride in government meat wagons while transporting dressed carcases and offals from the Municipal Abattoir except government employed Cargadores and a meat dispatcher who shall see to it htat meat and offals are properly delivered. d. All private meat delivery van shall apply a yearly registration and accreditation. Meat delivery vans intended for transport or commerce of meat and meat products within the Municipal shall be closed type and preferably made of aluminum material. e. There shall be charged a yearly registration and accreditation fee for all types of meat delivery van involved in the delivery/transport of meat and meat products within the municipal of Jaen at the rate prescribed below: Classification 1. Tricycle 2. Van, Jeep or similar type 3. Truck Registration __________ __________ __________ Accreditation ____________ ____________ ____________

Section 58. Slaughter Fees. Subject to the provisions enunciated herein, there shall be collected for every head of animal slaughtered at slaughterhouse for human consumption the following fees: For commercial purposes/ head Carabao Cow P300/head P300/head For house consumption _________ _________ 104

Hogs Goats/Sheep Others

P 50/head _________ _________

_________ _________ _________

Section 59. Permit Fee to Slaughter. Before any animal is slaughtered for public consumption, a permit therefore shall be secured from the Municipal Veterinarian or Municipal Agriculturist thru the Municipal Treasurer, and the corresponding fee collected at the rate fixed below: Per head Large Cattle Hogs Goats Sheep Others P _______ _______ _______ _______ _______

Section 60. Corral Fees. There shall be collected a corral fee for the animals to be slaughtered, which are to be kept in a corral owned by the Municipal at the rates per day as prescribed below: 1. Live Large Cattle Hogs (big) Hogs (small) Goat/Sheep Other P_______ _______ _______ _______ _______

Section 61. Regulatory Service Fee. There shall be charged a regulatory service fee for inspection whether the carcass or meat is fit for human consumption at the rates prescribed below: Large Cattle Hogs P _______ _______ 105

For meats coming from abattoirs other than those owned by the Municipality of Jaen and sold in the public market of Jaen, a regulatory fee for re-inspection is charged at the rates prescribed below: Large cattle Hogs P_______ _______

Section 62. Prohibition. Permit to slaughter shall not be granted nor the corresponding fee collected on animals condemned by the Municipal Veterinarian. Section 63. Time of Payment. a. Permit Fee. The fee shall be paid to the Municipal Treasurer upon application for a permit to slaughter with the Municipal Veterinarian. b. Slaughter Fee. The fee shall be paid to the Municipal Treasurer or his authorized representative before the slaughtered animal is removed from the public slaughterhouse, or before the slaughtering of the animal if it takes place elsewhere outside the public slaughterhouse. c. Corral Fee. The fee shall be paid to the Municipal Treasurer before the animal is kept in the municipal corral or any place designated as such. If the animal is kept in the corral beyond the period for, the fees due on the unpaid period shall first be paid before the same animal is released from the corral. Section 64. Administrative Provisions a. The slaughter of any kind of animal intended for sale shall be done only in the municipal slaughterhouse designated as such by the Snagguniang Bayan. The slaughter of animals intended for home consumption may be done elsewhere, except large cattle which shall be slaughtered only in the public slaughterhouse. The animals slaughtered for home consumption shall not be sold. b. Before issuing the permit for the slaughter of large cattle the Municipal Treasurer shall require for branded cattle, the production of the certificate of ownership and certificate of transfer showing title in the name of the person applying for the permit if he is not the original owner. If the application is not the original owner, and there is no certificate of transfer made in his favor, one such certificate shall be issued and the corresponding fee be collected therefore For unbranded cattle that have not yet reached the age of branding, the Municipal Treasurer shall require such evidence as will be satisfactory to 106

him regarding the ownership of the animal for which permit to slaughter has been requested. For unbranded cattle of the required age, the necessary certificate of ownership and/or transfer shall be issued and the corresponding fees collected therefore before the slaughter permit is granted. c. Before any animal is slaughtered for public consumption, a permit therefore shall be secured from the Municipal Veterinarian or his duly authorized representative, through the Municipal Treasurer. The permit shall bear the date and month of issue and the stamp of the Municipal Veterinarian, as well as the page of the book in which said permit number is entered and wherein the name of the permittee, the kind and sex of the animal to be slaughtered appears. d. The permit to slaughter as herein required shall be kept by the owner to be posted in a conspicuous place in his/ her stall at all times. TITLE 10. GENERAL AND ADMINISTRATIVE PROVISIONS

Collection and Accounting of Municipal Revenues Section 65. Tax Period and manner of payment Unless otherwise provided in this Code, the Tax Period of all taxes, fees and charges shall be the calendar year. Section 66. Accrual of Tax. Unless otherwise provided in this Code, all taxes, fees or charges shall accrue on the first (1) day of January of each year. However, new taxes, fees or charges, or changes in the rate thereof, shall accrue on the first (1) day of the quarter next following the effectivity of the ordinance imposing such new livies or rates. Section 67. Time of Payment. Unless otherwise provided in this Code, all taxes, fees and charges shall be paid within the first twenty (20) days of January or each subsequent quarter as the case may be. The Sangguniang Bayan may, for justifiable, reason or cause, extend the time of payment of such taxes, fees or charges without surcharges or penalties, but only for a period not exceeding six (6) months. Section 68. Surcharges and penalties in unpaid taxes, fees or charges and discount. A surcharge of twenty-five (25%) percent of the amount of taxes, fees or charges not paid on time and an interest at the rate of two (2%) per month of the unpaid taxes, fees or charges including surcharges, until such amount is fully paid but in no case shall the total interest on the amount or portion thereof exceed thirty-six (36) months. 107

Any payment of dues made within the first five (5) days of the month entitled to a 20% discount. Section 69. Interest on unpaid revenues. Where the amount of any other revenue due to the Municipality except voluntary contributions or donations, is not paid on the date fixed in the ordinance, or in the contract, expressed or implied, or upon the occurrence of the event which has given rise to its collection, there shall be collected as part of the amount an interest at the rate two (2%) percent per month from the date it is due until it is paid, but in no case shall the total interest on the unpaid amount or a portion thereof exceed thirty-six (36) months. Section 70. The Sanggunaing Bayan may authorized the Municipal Mayor to condone penalties and/or surcharges and propose payment schemes in order to facilitate the payment of all charges, fees and penalties provided for in this code. Civil Remedies for Collection of Revenues Section 70.1 Municipal Governments lien. Municipal taxes, fees, charges and other revenue constitute a lien, superior to all liens, chargers or encumbrances, in favor of any person, enforceable by appropriate administrative or judicial action, not only upon any property or rights therein which may be subject to the lien subject to the lien but also upon property used in business, occupation, practice of profession or calling, or exercise of privilege with respect to which the liens is imposed. The lien may only be extinguished upon full payment of the delinquent taxes, fees and charges including related surcharges and interest.

GENERAL PENAL PROVISIONS

Section 71. Penalty Any violation to the provisions of the Code not herein otherwise covered by specific penalty, shall be punishable by a fine of: 1st 2nd 3rd ________________ ________________ ________________

FINAL PROVISIONS 108

Section 72. Separability Clause If, for any reason, any provision, section of part of this Code is declared not valid by a Court of competent jurisdiction, such judgment shall not affect nor impair the remaining provisions, section, or parts which shall continue to be enforce and effect. Section 73.Repealing Clause All ordinances, rules and regulations, or part thereof, in conflict with, or inconsistent with any provisions of this code are hereby or modified accordingly. Section 74. Effectivity This code shall take effect upon approval.

Appendix B Related Ordinance in the Operation of Jaen Public Market

Republic of the Philippines Province of Nueva Ecija 109

MUNICIPALITY OF JAEN MUNICIPAL ORDINANCE NO.003 (Resolution No. 047, s 2008) AN ORDINANCE REQUIRING ALL SCALES, WEIGHTS, BALANCES AND MEASURES USED FOR COMMERCIAL PURPOSES IN THE MUNICIPALITY OF NUEVA ECIJA BE CALIBRATED AND SEALED BY THE MUNICIPAL TREASURERS OFFICE, FIXING THE CORRESPONDING FEES AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

EXPLANATORY NOTE WHEREAS, to prevent complaints brought by the inaccuracy of scales, weights, balances and measures used for commercial purposes in JAEN Nueva Ecija. WHEREAS, Section 148 of the Local Government Code of 1991 states that: The Sangguniang shall prescribe the necessary regulations from the use of such weights and measures, subject to such guidelines prescribed Department of Science and Technology. The Sanggunian concerned shall by appropriate Ordinance, penalize fraudulent practices and unlawful possession or use of instruments of weights and measures and prescribed the criminal penalty therefore in accordance with the provisions of this Code; WHEREAS, the municipal Government aims to promote good business practice and desires to protect consumers and discourage fraudulent business practices; NOW THEREFORE, BE IT ORDAINED by the Sangguniang Bayan of the Jaen, Nueva Ecija in session duly assembled to enact: Section 1. Title This ordinance shall be known as An Ordinance Requiring All Scales, weights, Balances and Measures Used for commercial Purposes in JAEN, NUEVA ECIJA to be Calibrated and Sealed by the Municipal Treasurers Office.

Section 2. For the purpose of this Ordinance, the following term shall have the following meanings: 1. Calibrate to ensure accuracy of something to test and adjust the accuracy of a measuring instrument or process. 2. Weighing Scale an instrument used for measurement of weight. 110

3. Linear Metric Measure a system of measurement or unit to measure length 4. Volume Metric Measure a system of measurement or unit to measure liquid Section 3. Calibration and Sealing All instruments for determining weights and measures, mechanical and digital, shall be calibrated and sealed by the Municipal Treasurers Office every six (6) months. Section 4. Coverage This ordinance shall cover any person, partnership or corporation engaged in the business of selling goods or merchandise that are measurable by instruments of weights and measures calibrated and sealed every year and checked every six (6) months. If found defective, instruments shall be recalibrated and sealed. Section 5. Rates and Fees Calibration and Sealing fees shall be paid at the Treasurers Office in accordance with the following rates: 1. Weighing Scale Calibration Seal Total

A. 1-900g B. 1-10-kg C. 11-50kg D. 51-100kg 2. Linear Measurement

___ Free ___ Free P 100.00 P 150.00

P 25.00 P 30.00 P 30.00 P 30.00

P 25.00 P 30.00 P 130.00 P 230.00

A. 1 meter and above 3. Volume Measurement A. 1 liter-10liters Section 6. Offenses

___ Free

P 25.00

P 25.00

___ Free

P 30.00

P180.00

6.1. Any defective instrument of weights or measures maybe confiscated and condemned by the Municipal Treasurers Office if its defects are such that it can not readily and be repaired. 6.2. Illegal Practices Relative to weights and Measures the following are illegal acts relating to weights and measures. 6.2.1. Any person other than by the Municipal Treasurers Office Personnel or his duly authorized representative, who shall place or attach an official tag, seal or 111

sticker or other characteristics sign used to indicate such instrument or weights or measures has been officially registered, calibrated, tested and sealed or inspected; 6.2.2. Any person who shall initiate any seal, sticker or tag used to indicate that such instrument or weights or measures has been officially registered, calibrated, tested or inspected; 6.2.3. Any person other than the Official sealer of the City or his duly authorized representative who shall alter in any way the certificate or receipt given by the official sealer or his duly authorized representative as an acknowledgement that the instrument has been fully calibrated, tested or inspected; 6.2.4. Any person who shall make or knowingly sell or use any counterfeit seal, sticker, tag, certificate or license or any dye for making or printing the same to indicate that such instrument of weight or measure has been officially registered, calibrated, tested, sealed and inspected; 6.2.5. Any person who shall use or re-use any altered, expired stamp, tag, certificate or license for the purpose of making it appear that the instrument of weight or measure has been registered, calibrated, tested, sealed and inspected; 6.2.6. Any person other than the Municipal Treasurers Office or his duly authorized representative who shall alter the written or printed figure, letters or symbols or any certificate or license used or issued; 6.2.7. Any person engaged in the buying and selling of consumer products or of furnishing services, the value of which is estimated by weight or measure to posses, who shall use or maintain with the intention to use any scale, balance, weight or measure that has not been sealed and registered or if previously sealed and registered the license therefore has expired and has not been reviewed in due time; 6.2.8. Any person who shall fraudulently alter any scale, balance, weight and measure, after is officially sealed and registered; 6.2.9. Any person who shall aid or otherwise help in the commission of any above mentioned, offenses shall be punished under this ordinance. 6.3. Penalties: 6.3.1. Any person who will violate the provisions of Section 5 shall upon conviction be subjected to the following fines: 6.3.a. First offense P 1,000.00 6.3.b. Second offense 2,000.00 112

6.3.c. Third offense 4,000.00/suspension/revocation of business permit Section 7. Separability Clause Should any provision, section or part of this Ordinance be adjudged to be invalid by any court or competent jurisdiction, such judgment shall not affect or impair the remaining provisions, sections or parts thereof which shall continue to be in force effect. Section 8. Repealing Clause All Ordinances, rules and regulations or parts thereof found inconsistent with any provision or provisions of this Ordinance are hereby repealed or modified accordingly. Section 9. Effectivity This Ordinance shall take effect January 2009.

Appendix C Municipality of Jaen Vision, Mission, Brief History and Profile

113

Republic of the Philippines Province of Nueva Ecija Municipality of JAEN Vision Statement To make Jaen, Nueva Ecija second to none. JAEN, being part of LUZON URBAN BELTWAY, is included in the ten-point agenda. By the year 2010 and beyond, JAEN dreams to be a world class LGU aimed with efficient governance, administration, social services, environmental management and economic development, parallel to other leading towns not only in our country but also throughout the world.

Mission Statement To cater to the fullest development of each of the resources through cooperative and all out effort of the LGU and its populace. JAENIANS value the principle of peace and order, industry and cooperative activities as guide for the realization of the intents and purposes for DEVELOPMENT not only for the present generation but also for their posterities. To internalize the MISSION through internal human change of values, asking what JAENIANS can do or give for JAEN, not otherwise.

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The Municipality of Jaen: BRIEF HISTORY In 1865, Jaen was merely a part of San Antonio, known with its old name Ibayong Ilog. When the place showed improvements and its population grew to no less than 5,000 people it became a town through a petition filed by the inhabitants. The Spanish officials signed the papers granting the petition that Ibayong Ilog be a town in Factoria (San Isidro) which was then the capital of Nueva Ecija. The declaration was brought to the Governor General in Manila, which afterwards was submitted to the Vice General of the Philippines in the person of Father Gregorio Martinez. Father Martinez marked this approved but furtherly wrote his wish, changing the name Ibayong Ilog to the name of the place of his birth in Spain, the town of Jaen. On August 24, 1896, its people revolted against the Spaniards and on September of the same year, armed with bolos and spears, ambushed and killed forty (40) Spanish soldiers in Lumanas (now a Sitio of Brgy. Sto. Tomas South of this municipality). This successful attack made Lumanas a historical site and was called Pinagtambangan. A marker was erected in this place now as a beautiful reminder of this heroic feat. Kapitan dela Cruz was the first head of the community, who was succeeded by Kapitan Apolinario Esquivel. Later on, a municipal president was elected. Several prominent personalities have partaken of the leadership in the community. They have done their best to have the present status of Jaen which is now under the administration of Mayor Santy R. Austria. Geographic and Economic Profile The municipality is situated in the southern part of Nueva Ecija. It is about 100 kilometers north of Manila. The municipality of Sta. Rosa bounds Jaen on the Northeast, Zaragosa on the
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Northwest, by San Isidro on the South, by San Leonardo on the East and by San Antonio on the West. The municipality has a land area of 11,800 hectares and is divided into twenty seven (27) barangays, two (2) of which are in the Poblacion proper. Most of the Northwestern section of the municipality are planted to palay. Rice production is the main source of living of the populace. Twenty (20) barangays of Jaen are fully irrigated. About 80% of the land is suited for rice production, this covers an area of a little less than 9,500 hectares. Mango plantations are found in the Southern portion of the municipality. Based on the latest survey, 584 hectares are utilized for mango production. This includes backyard mango farms. Ten percent (10%) of the total agricultural area is planted to vegetables. In the urban area, mostly in the Poblacion and nearby barangays, several establishments have sprouted. These include agricultural supply traders, dry goods stores, hard wares, groceries and eateries. The public market is in the area. Among the service businesses in the area are pawnshops, auto and motorcycle parts and service, computer repair shops, internet caf, tailoring and dress shops and rural banks. Distilled and purified water processors, mobile phone card dealers, cable and landline telephone businesses are also present in the municipality. Professional services of doctors, accountants, dentists, lawyers and engineers are also prevalent in the town. Most of the unemployed and out of school youths are given employment by private contractors and the local government unit in doing manual jobs as construction workers and street sweepers. Population By Barangay (As Of August 1, 2007)
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1. 2. 3. 4. 5. 6. 7.
8.

Niyugan Dampulan Marawa Sto. Tomas South Lambakin Putlod Sapang Pinanggaan Langla

5,993 4,732 3,804 3,602 3,306 3,186 2,965 2,936 2,911 2,876 2,616 2,600 2,108 2,060 2,047 1,848 1,824 1,720 1,488 1,331 1,310 1,233 1,225
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9.

10. San Jose 11. Sto. Tomas North 12. Magsalisi 13. San Josef 14. Ulanin-Pitak 15. Imbunia 16. San Roque 17. San Pablo
18. Pamacpacan

19. Hilera 20. San Vicente 21. Pakul 22. Malabon-Kaingin 23. Calabasa

24. Don Mariano Marcos

1,186 1,178 872 517

25. Sta. Rita

26. Imelda

27. Ocampo-Rivera

Total Population

63,474

Municipal Profile 1.) 2.) 3.) 4.) Region III Province: Nueva Ecija Municipality: Jaen Geographic Location Jaen is about 100 kms. North of Manila. Situated in the southern part of Nueva Ecija. Bounded in the mortheast by Sta.Rosa; Northwest by Zaragosa; South; San Isidro; Esat; San Leonardo and west; San Antonio all Municipalities of Nueva Ecija. 5.) Land Area; 11,800 hectares a) 471.72 has or 3.71 percent urban area b) 11,328.28 has or

96.29 percent rural area. 6.) No. of Barangays; Twenty Seven (27); a) Four (4) barangays are urban and Twenty Three

(23) rural; 7.) Topography; Being situated along the Pampanga river Jaen is relatively flat to low lying.

8.) Soil Classification; a) Quingua Clay Loam suited to agri use rice; 246.38 has b) Quingua Sandy Loam 3,093.39 c) Quingua Silt Loam 8,460.23 has. 9.) Notes Resources; Ground water and surface water; a) ground water due to Pampanga river and Municipal creeks; b) surface water NIA UPRIIS Pantabangan Dam/ 10.) Climate; Dry and wet
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11.)

Natural Hazards; Floating and erosions of Pampanga Riverbanks.

12.) Population; 58,274 per 2000 NSO reports. It is 1.83% of the 1.6 million population of Nueva Ecija. a) Urban Population; 8,344 or 14,32% b) Rural Population; 49,930 or 85,68% 13.) Population growth rate; arithmetic geometric increase of 2.10% per year. It is below the provincial average growth rate of 2.46% of 2.40% per annum. 14.) Population Density; a) Urban; Land Area 471.72 has population 8,344 density 17,69. b) Rural Land Area 11,328.28 population 49,930 density 4.41 c) Average population density is as low as 4.94 persons per hectares. Meaning; Jaen has enough Land area for the people to live in. 15.) Age Below 15 yrs. 15 to 64 yrs. Above 64 yrs. Totals 16.) 29,754 Population Age Structure; Male 11,567 17,214 973 28,520 Female 10,851 16,439 1,230 Total 22,418 33,653 2,203 58,274 %Population 38.47 57,75 3,78 100.00%

Population Production ratio is 33,653 / 24,621 = 1.37 15 to 64 years old production age which is 33,653.

17.)

Dependency of Structure of Population; Dependency ages; 0 to 14 and over 64 years old. Thus there is 1.37 productive persons to take care of one (1) dependent person.

18.) 19.)

No. of Household; 11,472; Average Family size is 58,274 / 11,472 5.07 Birth versus Death Rate; 2000 58,274 Birth 2,760 rate = 4,74% 2000 58,274 Death 288 rate = 4,246%

Economic Profile 20.) Dominant and Primary eco activity is agriculture. 85% of its total land area or 10,288 has is devoted to agri activities.
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21.) Major Crops; Rice, corn, strings beans, ampalaya, egg plants, okra, sweet potato & mangoes. 22.) Poultry and Livestocks Production; Carabao 1,049 cattle 361; goat 832; hog 15,922, chicken 19,342; ducks 11,918. 23.) Fish Production; Jaen is blessed with many waterways and bodies of water suitable for endemic species of fish like Tilapia, mudfish catfish and gurami. 24.) Commercial Area; 134 Commercial establishment/

25.) Public Market; Floor Area; 2,580 sq.meter location,poblacionl Meat/fish section, 80 meters. Vegetable section 1,190 sq.meter; restaurant dry goods/etc. 1,200 sq.meter. Market facilities are inadequate to cater to the needs of its people. 26.) Banking and Finance; two (2) rural banks; four (4) lending institution

27.) Industrial Establishments; Thirty five (35) establishments rising from rice mill to slipper making. 28.) 29.) Quarry (Gravel / sand / earth); Tourism; Ecology based scenic spots like river, lakes, forest. b) High way based manmade structures fruit stand, eateries along roads. c) Product based pasalubong stands, mangoes, corn, etc. Social Profile 30.) Education; Literacy rate is 93% 54,384 of the population can read, write and do simple arithmetic; TOTAL SCHOOL POPULATION 9,015, out of 100 involved in each level of school 06 cannot continue to the next grade. 90% percent of the school population can finish elementary grade No. of teachers 286 No. of Classrooms is 208 Pupil Teacher Ration = 43.3 1 Pupil Textbook = 3 1 31.) Elementary Education 23 Public School and 1 Private School.

32.) Population Public School Primary 5,222 70 classrooms 163 teachers Elementary 2,480 32 Classrooms 76 teachers.
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33.) Population Private School Primary 268 08 Classrooms 08 Teachers Elementary 138 04 classrooms 04 teachers. 34.) School Participation Rate (SPR) 85% = 7 -12 years old school population of 9539 in 2001 only 8,108 were enrolled. SPR = (8,108 / 9,539 x 100 = 85%). 35.) Secondary Education only Two (2) High Schools inadequate to accommodate enrollees 13 to 16 years old population in 2001 2,480 about 1,660 were enrolled in high school. SPR = 1,660 / 2,480 x 100 = 66,34%. 36.) Health Facilities 2 Municipal Rural Health Facilities (lying in) Medical Health Personnel 14; RHU personnel 14. 37.) Nutritional Status 3.8 % malnutrition rate in the years 2000 to 2001 degree of malnutrition 1 degree, 2 degree 218,3 degree 13 total no. weighed is 4,363 prevalence rate is 5.3%. 38.) 39.) Sanitation Toilet Household facilities is 11,472 various kind. Protective Sector/Peace and Order; Crime Volume; Thirty three (33) percent 8 of which are index Crime & 25 none index crime. Police force 33; 2 patrol cars; radio 42 firearms various types. Firefighting Personnel 5,1 fire trucks. 40.) Social Welfare Services Premarriage counseling 180 copies livelihood assistance 12 families. Day Care 500 children, Nutrition Education 300 women; Practical skills training 80 women; AICS 150 individual; Referrals to Hospital 120 individuals.

Personnel 24 1 officerl1 assistant 2 clerk and 20 Day Care workers No. of day care center 26. 41.) Housing and Shelter 11,755 families, 11,472 household 70% has permanent dwelling units. 42.) Spiritual and Cultural Practices;

98% of the population speaks Tagalog 2% are Bicolanos, Visayanos, Ilacanos, others. 90% of the population is Roman Catholic.
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10% Iglesia ni Kristo, Protestant, Church of JCLDS, others 43.) Peoples Organizations:

Primary Coop. 44 Secondary Coop. Organization 1 Peoples Organization 50. 44.) Infrastructure and Utilities:

Road network 149,50 kilometers; Provincial Road 29 kms. Municipal Roads, 108,50 kms. Jaen Road Density per current population of 58,270 is 2.56 kms. Per 1,000 population a bit higher than the standard ration of 2.40. 72% of road condition are earth and gravel, particularly those in the barangays. 45.) Transportation System Land routes exit points San Antonio, San Isidro, Sta.Rosa, Zaragosa, San Leonardo. 46.) Power Supply Electricity NEECO 1 not efficient.

Total no. of households energized 8,032 population benefited, 51,213. 47.) Water Supply Level III Jaen Water District serving 10 barangays. Population served 24,469 710 household Jetmatic 863, pitcher 7,236. 48.) 1) 49.) COMMUNICATION SYSTEMS: Postal Services 1 personnel - 3 Telecommunication Services PLDT Smart 7 Globe relay stations.

Radio Microwave Communication: Units of portable two way radio in the 27 Barangays, including their Bantay Bayans. 50.) 51.) Irrigation Services NIA UPRIIS & Natural bodies of water in the 27 Barangays. Flood Control Systems: Needs dikes & chanelized canals to enroute floodwaters. Environment 52.) Air And Water Quality Slight population occurs;

53.) Waste disposal Needs inter-related system of garbage disposal & solid waste disposal, management technology and mechanism. 54.) 55.) Cemeteries And Burial Grounds Three (3) cemeteries; two public and one private. Jaen Municipal Income And Expenditures (2008)
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Local Source P 7,710,831.62 IRA Others Total - P 61,479,567.63 -P 2,928,413.32 - P 72,118,812.47

CY 2008 Expenditures a) b) c) d) e) TOTAL Personal Services Maint. and other oper.exr. Capital Outlay 20% Devt.Fund 5% Calamity Fund P 31,825,922.28 - P 29,151,256.99 - P 8,315,390.40 - P 15,900,219.44 - P 3,683,825.11 - P 88,876,614.22

56.) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Priority Projects: Concreting of Municipal & Barangay Roads Acquisition of Municipal Cemetery lot. Completion of Municipal Compound, concrete fence and its Beautification. Acquisition of offices Computers, etc. Completion of Municipal Gym/Sports Complex Integrated Drainage System and flood control Cleanliness and Beautification Campaign Livelihood Programs and Projects Health Protection and Nutrition Construction of School Buildings. Establishment of Municipal High School / College
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12. 13. 14. 15. 16.

Comprehensive Food Production Peace and Order and Campaign against of illegal drugs Salary Standardization of Municipal Personnel Massive tax and Revenue Collection Campaign Books per pupil of 23 Elementary Public Schools

Appendix D Commission of Audit Findings and Recommendations

EXCERPTS FROM SUMMARY 0F COMMENTS AND OBSERVATIONS OF ANNUAL AUDIT REPORT OF COA No. 17 of Summary and Comments of COA for the year 2006 No submission of contracts and other related documents pertaining to the newly constructed Jaen Public Market resulted to doubtful determination of income received by the Municipality amounting to P 1,763,000.00 Post audit of collections revealed that income totaling P 1,763,000.00 (Annex M) from market stallholders for stall rentals pertaining to the newly constructed Jaen Public Market were collected. However, actual income and receivables from market stallholders could not be determined in the absence of official list of stallholders and contracts.
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A letter dated February 2, 2007 requesting for copies of contracts of the market stallholders was already served to the concerned official, however due to transition of the LCE only partial Xerox copies of contracts were submitted by the incumbent Municipal Mayor Santiago R. Austria. SUGGESTIONS FINDINGS AND RECOMMENDATIONS OF COA REGARDING THESE

o Conduct an ocular inspection of all stalls in the newly constructed public market in order to establish the complete list of occupants/stallholders. Require both the Municipal Treasurer and the Accounting Office to maintain updated records and ledgers to monitor the collection of income and receivables of the occupants/stallholders of the newly constructed Jaen Public Market. o Execute new Contract of Lease between the stallholders and the municipality represented by the Municipal Mayor incorporating the actual rate, terms, conditions and monthly rental. In case transfer to another person, cancellation of the previous one should be made before, a new contract has to be executed. ACTIONS TAKEN BY THE LCE, MUNICIPAL ACCOUNTANT, AND TREASURER o The Local Chief Executive immediately called public hearings to stall owners and discuss issues regarding on how stalls were being awarded to them. Through this meeting we found out that payments and awarding of stalls were not done in a properly, orderly, systematic and legal manner. o Since the stall owners showed proof that they paid for the amount asking to them to be stall owners, the Local Chief Executive permit them to be the stallholders. Attach in this report are the official receipts and provisionary receipts issued to them by the collecting officer of the previous administration. o At present because of that meeting the Municipal Accountant and Municipal Treasurer maintain records of the occupants and stallholders and occupants of Jae Public Market so that monitoring of collection and receivables can be updated from time to time. o As of now, its very hard to execute another Contract or Lease Agreement because the stallholders have closed mind that they might loose their stall once this Contract or Lease is implemented soon.

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