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Cont. Ordinance No. 047, s. 2000Page 6 of 6

Republic of the Philippines

PROVINCE OF CAMARINES SUR

Municipality of Ragay

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF RAGAY, CAMARINES SUR HELD AT THE MUNICIPAL SESSION HALL ON DECEMBER 11, 2000.

Present:

Hon. Justina C. ClementeVice Mayor/Presiding Officer

Hon. Domingo S. CedoSangguniang Bayan Member

Hon. Maria M. Eje-do-

Hon. Adelaida A. Ruy-do-

Hon. Melchor A. Balbastro-do-

Hon. Benjamin P. Ramos-do-

Hon. Judith Q. Amparado-do-

Hon. Armando P. Hernandez-do-

Hon. Clarita SL. Almarez-do-

Hon. Romeo G. MayorSB Member/ABC President

Absent:

Hon. Juner M. RubioSB Member/SKF President

INTRODUCED BY: COUN. DOMINGO S. CEDOORDINANCE NO. 047 s. 2000AN ORDINANCE REGULATING SOLICITATION AND OTHER FUND RAISING ACTIVITIES IN THIS MUNICIPALITY, PROVIDING GUIDELINES THEREOF AND PRESCRIBING PENALTIES FOR VIOLATION HEREOF.

BE it ordained by the SANGGUNIANG BAYAN of Ragay, Province of Camarines Sur, that -

Article I

TITLE AND SCOPE

SECTION1. TITLE. This Ordinance shall be known as "The Solicitation Ordinance of Ragay".

SECTION 2. SCOPE. This Ordinance shall govern the solicitation of donation, receipt of contributions, conduct of fund raising activities such as but not limited to, concert, benefit shows or dances, bingo socials, lottery or raffle draws, cockfight, serenading, caroling during Christmas season, and other similar or analogous activities within this municipality.

Article IIAUTHORITY AND PURPOSE

SECTION3. AUTHORITY. This Ordinance is enacted pursuant to Section 444 of the Local Government Code or Republic Act No. 7160, giving authority to the Municipal Mayor to issue permits, without need of approval therefore from any National Government Agencies (NGA), for the holding of activities for any charitable or welfare purposes; and Section 447 of the same Code, gives authority to the Sangguniang Bayan to enact ordinances intended to prevent, suppress and impose appropriate penalties to any person for any fraudulent devices and ways to obtain money or property.

SECTION4. PURPOSE. The purpose of this Ordinance are to:

a)to effectively regulate the solicitation of donation, holding of fund raising activities, and voluntary contributions from the public as a means to obviate illegal and improper fund drives;

b)to check and monitor the proceeds and expenditures related to the holding of such solicitation and/or fund raising activity conducted by any organization or person-in-charge;

c)as a means to generate revenues for the municipality as empowered by the Local Government Code.

Article IIISUBSTANTIVE PROVISIONS AND POLICIES

SECTION5. COVERAGE. All persons, desiring to solicit donations and/or receive contributions, conduct fund raising activities through benefit shows or dances, bingo socials for charity, raffle draws, serenading, caroling during Christmas season, and all other similar or analogous activities for charitable or public welfare purposes within this municipality shall first secure a permit from the Office of the Municipal Mayor through the Office of the Municipal Social Welfare and Development Officer (MSWDO) prior to conducting said activities.

SECTION6. ISSUANCE OF PERMIT. Within five (5) working days after the filing of a written application for a permit in the prescribed form (Please see attached form marked as "Annex A" and which is made an integral part hereof.), the Municipal Mayor or his duly authorized representative may issue a solicitation or fund raising permit.

SECTION7. REVOCATION OF PERMIT. For the protection of the public welfare or security, and citing specific grounds therefor, the Municipal Mayor may revoke a permit already issued.

SECTION8. RECONSIDERATION OF DISAPPROVAL/REVOCATION. Upon filing of the proper motion by the party concerned stating meritorious grounds therefor, the Municipal Mayor upon recommendation of the Municipal Social Welfare and Development Officer may reconsider the disapproval of an application for a solicitation or fund raising permit, or the revocation of one already issued. The Municipal Mayor's decision shall be final and executory.

SECTION9. SUSPENSION OF PERMIT. A solicitation permit issued by the Municipal Mayor may be suspended immediately upon verified complaint by an aggrieved party arising from damages or injury directly attributable to the execution of the activity for which the permit was issued, and duly filed in the Office of the Municipal Mayor with copy furnished the Office of the MSWDO.

An investigation into the matter shall be conducted immediately by the MSWDO or his authorized representative. The findings and recommendation shall be submitted within five (5) days to the Municipal Mayor for appropriate action.

SECTION10. REPORTORIAL REQUIREMENTS. The MSWDO shall require the applicant who is duly issued a solicitation or fund raising permit to submit to his office on the third month after the issuance of the permit a verified report or information regarding their solicitation activities stating, among other matters, the period covered by the report, the collections or income and expenditures made, the names and addresses of the contributors, and the persons to whom assistance were rendered from the funds obtained, and a terminal report two months thereafter.

This report or information shall be available for inspection upon request by any interested person. Upon submission of such report, the Municipal Mayor shall be furnished a copy thereof by the MSWDO.

SECTION11. VISITORIAL POWERS. The MSWDO or his duly authorized representative, in the interest of the public Welfare, shall have the authority to inspect or investigate of any reasonable time or during business hours the books of accounts, papers, affairs and activities of any applicant who has been issued a solicitation or fund raising permit, relative to their aforestated purposes.

SECTION12. TEMPORARY PERMITS. During a state of emergency or calamity as declared by the President of the Philippines where the immediate granting of a solicitation or fund raising permit is shown by the applicant to be absolutely necessary to carry out the purposes for which the voluntary contributions or donations are to be solicited, a temporary permit may be issued by the Municipal Mayor through the MSWDO which shall be valid for a period not exceeding one (1) month, subject to compliance by the applicant with the necessary requirements.

A state of emergency or calamity may justify the issuance of a solicitation permit when the circumstances are such that immediate action is necessary, otherwise, no temporary permit shall be issued.

SECTION13. ACCRUAL TO THE GENERAL FUNDS. The amounts collected as a fee for the processing of the solicitation or fund raising permits shall accrue to the general funds of the municipality.

SECTION14. NON-TRANSFERABILITY OF PERMIT. The solicitation or fund raising permit is non-transferable and shall be valid only during the period, and within the area covered by the application as approved.

Article IVREQUISITES FOR FILING OF APPLICATION FOR PERMITS

SECTION15. WHERE TO FILE APPLICATION. Application for solicitation, fund raising and caroling permits shall be filed with the Office of the Municipal Mayor. Upon filing of the application, the applicant shall pay the amount of ONE HUNDRED PESOS (P 100.00) as solicitation/fund raising permit fee to the Office of the Municipal Treasurer.

The Municipal Treasurer or his duly authorized representative shall issue an official receipt upon payment of permit fee by the applicant.

SECTION16. DISAPPROVAL OF APPLICATION. In case of disapproval of an application, the same shall be returned together with the documents submitted by the applicant. The amount of ONE HUNDRED (P 100.00) PESOS shall be refunded to the applicant. The notice of disapproval shall also state the reason for its disapproval.

SECTION17. PROHIBITING AGAINST SOLICITATION. In no case shall any applicant initiate solicitation or fund raising activities unless the solicitation or fund raising permit has been issued. The permit shall bear the Office of the Mayor's official dry seal with the corresponding number, series and the date of issue, and signed by the Municipal Mayor or his duly authorized representative.

SECTION18. APPLICATION REQUIREMENTS. All applications for solicitation or fund raising permit must include the following:

a).A certified true copy of the Articles of Incorporation and By-Laws of the applicant duly registered with the Securities and Exchange Commission (SEC) or Cooperative Development Authority (CDA), in case of cooperatives, together with a copy of the resolution of its governing body or Board of Directors stating, among other things the following:

1.Name and address of the person duly authorized to make the application;

2.Name, addresses and positions of officers of the Association;

3.Names and addresses of the authorized solicitors;

4.Aims and purposes for which the solicitation and fund raising activities will be undertaken and the identity of the intended beneficiary;

5.Commitment of each and every officer of the applicant to assume responsibility for the value of all tickets and/or ballots sold in case of non-payment; and

6.A pledge to limit the expenses of the solicitation or fund raising activities to not more than thirty percent (30%) of the total collection if the funds are raised through the holding of benefit shows. In cases where funds are raised solely thru voluntary contributions, a pledge to limit all expenses to not more than ten percent (10%) of the total collection is required. In all cases, the balance shall be spent exclusively for the project proposed to be undertaken. This pledge shall likewise state that no unauthorized person shall have a share in the proceeds to be derived therefrom.

b).Sample receipts, ballots, or tickets, consecutively numbered, of those to be used during the drive.

c).Permission or authority to be secured from the authorities concerned to wit,

1.Comment and recommendation of the Punong Barangay, in case of barangay projects;

2.Comment and recommendation of the highest ranking priest or minister in the area where the solicitation or fund raising campaign is to be conducted, in case of projects of church or religious sects;

3.Comment and recommendation of school principal in case of school projects.

SECTION19. PERIOD OF EFFECTIVITY AND EXTENSION. The period of the solicitation and fund raising activities shall not exceed three (3) months. In meritorious case, however, it may be extended for another three (3) months, provided that, the application for extension of the period shall be filed with the Office of the Municipal Mayor through the MSWDO two weeks before the expiry date of the permit.

Article VREQUIREMENTS AFTER ISSUANCE OF PERMIT

SECTION 20. CHANGE OF DATE OF FUND DRIVE OR EXTENSION OF PERIOD. Postponement of the starting date of the drive and/or extension of the period of the drive may be made only upon approval by the Municipal Mayor. In such case a written request citing the justification on the postponement or extension shall be filed two (2) weeks before the expiry date of the permit for immediate consideration thereof.

SECTION 21. PROHIBITION AGAINST SOLICITORS BENEFITING FROM THE PROCEEDS AND PROPER DOCUMENTATION OF CONTRIBUTIONS. Persons or officers in charge of the solicitation of donations and voluntary contributions shall have absolutely no share in the proceeds to be derived therefrom, and the contributions or donations from whatever source are to be acknowledged with receipts, and expenditures supported by invoices or vouchers. The books of accounts shall, at all times be in the possession of the Treasurer of the association, institution or organization concerned.

SECTION 22. DEPOSITING OF FUNDS. Funds collected during the conduct of the solicitation or fund raising activities shall be deposited with any authorized banking institution and shall be accounted for in the name of the association, institution or organization to whom the permit was issued.

SECTION 23. OTHER EXPENDITURES. Expenditures for any project other than those in the application shall first be approved by the Municipal Mayor through the MSWDO prior to implementation.

SECTION 24. PENALTY CLAUSE. Any person found violating the provisions of this Ordinance shall, upon conviction, suffer the penalty of imprisonment of not more than six (6) months, or a fine of not more than TWO THOUSAND FIVE HUNDRED PESOS (P 2,500.00) or both such imprisonment and fine at the discretion of the court.

Provided that, if the offender is a corporation, organization, or other juridical person, the penalty shall be imposed on the guilty officials, employee or member.

SECTION 25. REPEALING CLAUSE. All ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent with any provisions of this Ordinance, are hereby repealed, amended or modified accordingly.

SECTION 26. SEPARABILITY CLAUSE. If for any reason, any provision, section or part of this Ordinance is declared not valid by a Court of competent jurisdiction or suspended or revoked by the Sangguniang Panlalawigan, such judgement shall not affect or impair the remaining provisions, sections, or parts thereof which shall remain or continue to be in full force and effect.

SECTION 27. APPLICABILITY CLAUSE. All other matters relating to the impositions in this Ordinance shall be governed by pertinent provision of existing laws and other Ordinances.

SECTION 28. EFFECTIVITY CLAUSE. This Ordinance shall take effect immediately upon publication in a local newspaper.

ENACTED,

UNANIMOUSLY ADOPTED: By order of the Sangguniang Bayan of Ragay, Camarines Sur this 11th day of December, 2000.

I HEREBY CERTIFY to the correctness of the foregoing Municipal Ordinance No. 047, s. 2000 otherwise known as the "The Solicitation Ordinance of Ragay".

(Sgd.)MANUEL C. COMOTA

Municipal Secretary

ATTESTED:

(Sgd.)HON. JUSTINA C. CLEMENTE

Vice-Mayor/Presiding Officer

(Sgd.)HON. DOMINGO S. CEDO(Sgd.)HON. MARIA M. EJE

SB Member

SB Member

(Sgd.)HON. ADELAIDA A. RUY(Sgd.)HON. MELCHOR A. BALBASTRO

SB Member

SB Member

(Sgd.)HON. BENJAMIN P. RAMOS(Sgd.)HON. JUDITH Q. AMPARADO

SB Member

SB Member

(Sgd.)HON. ARMANDO P. HERNANDEZ(Sgd.)HON. CLARITA SL. ALMAREZ

SB Member

SB Member

(Sgd.)HON. ROMEO G. MAYOR

SB Member/ABC President

APPROVED:

(Sgd.)HON. RENATO E. AQUINO, M.D.

Municipal MayorDate approved: Dec. 19, 2000

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