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CITY OF TARLAC
Tarlac
ADOPTED:
February 23, 2005
RESOLUTION NO. 33
WHEREAS, Section 458(a)(2)(xv) of Republic Act 7160, otherwise known as the Local
Government Code of 1991, empowers the Sangguniang Panlungsod to regulate the inspection,
weighing and measuring of articles of commerce;
WHEREAS, Section 16 of the same Republic Act likewise mandates the exercise of
powers for the promotion of general welfare, which includes, among others, the protection and
preservation of the rights and welfare of consumers;
WHEREAS, there is a need to amend the previously adopted Municipal Ordinance No.
96-013, series of 1996, imposing regulatory fees and service charges for the use of weights and
measures instruments for commercial purposes within the Municipality (City) of Tarlac, and
imposing penalties for violations thereof, in the interest of updating the fees and charges
prescribed therein and facilitating the inclusion of other businesses which similarly use weights
and measures instruments;
RESOLVED, that in the interest of public service and welfare, the Sangguniang
Panlungsod, hereby, promulgates and enacts:
Section 1: Imposition of Fees and Charges - Every person, natural or juridical, engaged
in business, profession, trade or other commercial purpose within the City of Tarlac which
requires the use of instruments of weights and measures, including gasoline stations (gasoline
pumps) and laundry service, shall have such instruments calibrated, sealed, inspected or licensed,
as the case may be;
Section 2: Rates of Fees and Charges - Regulatory fees and service charges shall be
imposed for the conduct of such calibration, sealing, inspection or licensing, as follows:
(2) For each and every re-testing and resealing of weights and measures instruments
outside the office, an additional service charge of Fifty Pesos (P50.00) for each
instrument shall be collected.
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Section 3: Payment of Fees and Charges - The fees and charges herein imposed shall
be paid to the City Treasurer and renewable on or before the anniversary date thereof. The
Official Receipt evidencing payment shall serve as a license to use such instruments for one (1)
year from the date of sealing, unless such instruments become defective before expiration of said
period. The said Official Receipt shall likewise serve as a prerequisite for the issuance/renewal
of permit to operate within the city (Mayor’s Permit).
Section 4: Surcharges and Interests - Failure to have said instruments re-tested and to
pay the corresponding fees therefore within the prescribed period shall subject the owner/user to
a surcharge of twenty-five percent (25%) of the prescribed fees plus interest of two percent (2%)
per month of fraction thereof. Provided, however, that in no case shall the interest exceed thirty-
six (36) months;
Section 5: Exemptions - The following are hereby exempted from the payment of the
fees and charges imposed herein:
(a) All instruments for weights and measures used in government work or maintained for
public use by any instrumentality of the government; and
(b) Instruments of weights and measures intended for sale by manufacturers, importers and
dealers.
(a) The City Treasurer is hereby required to keep full sets of secondary standards for the use
in testing of weights and measures instruments. These secondary standards shall be
compared with the fundamental standards in the National Institute of Science and
Technology at least once a year.
(b) The City Treasurer or his deputies shall conduct physical inspection and calibration,
sealing and testing of weights and measures instruments within the city every three (3)
months, pursuant to pertinent provisions of Republic Act 7394, otherwise known as the
Consumers Act of the Philippines.
(c) Instruments of weights and measures found to be defective, and if such defect is found to
be beyond repair, shall be confiscated in favor of the City Government and shall be
destroyed by the City Treasurer in the presence of the City Auditor or their
representatives.
(1) places an official tag or seal upon any instrument of weights and measures, and
attaches it thereto, or
(2) fraudulently imitates any mark, stamp or brand, tag or other characteristic signs
used to indicate that weights and measures have been officially sealed; or
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(3) alters, in any way, the certificate given by the sealer as an acknowledgement that
the weights and measures mentioned therein have been duly sealed; or
(4) makes or knowingly sells or uses any false or counterfeit stamp, tag, certificate, or
license, or any dye for printing or making stamps, tags, certificates, or licenses
which are an imitation of, or purport to be a lawful stamp, tag, certificate or
license of the kind required by the provisions of this ordinance; or
(5) alters the written or printed figures or letters on any stamp, tag, certificate or
license used or issued; or
(6) has in his possession any such false, counterfeit, restored or altered stamp, tag,
certificate or license for the purpose of using or re-using the same in payment of
fees or charges imposed in this ordinance; or
(b) Unlawful possession or use of any instrument not sealed prior to use and not re-sealed
within twelve (12) months from date of first sealing:
Any person who makes a practice of buying or selling good by weight and/or measure, or
of furnishing services the value of which is estimated by weight or measure, and any
person who uses, in any purchase or sale or in estimating the value of any service
furnished, by any instrument of weights and measures that has not been officially sealed,
or if previously sealed, the license therefor has expired and has not been renewed within
the prescribed period, shall be fined the amount of five hundred pesos (P500.00), or
imprisoned for a period of one (1) month, or both, at the discretion of the court.
(i) Any person who, with fraudulent intent, alters any scale or balance, weight
or measures, after it is officially sealed, or who knowingly uses any
fraudulent scale or balance, weight or measures, whether sealed or nor; or
(ii) Any person who fraudulently gives short weight or measure in the making
of a sale or who fraudulently takes excessive weight or measure in the
making of a purchase or who, assuming to determine truly the weight or
measure, fraudulently misrepresents the weight or measure thereof
(a) Any person making a practice of buying or selling any weight and measure using
unsealed and/or unregistered instrument:
(b) Failure to produce weight and measure tag or license certificate upon demand but the
instrument is duly registered:
(c) Any person found violating any of the provisions of this ordinance for the second time
shall be fined twice the amount or period of imprisonment, of the prescribed penalties.
For any further offense a fine corresponding to the number of offenses committed shall
be imposed. Provided, however, that in no case shall the fine amount and imprisonment
period exceed five thousand pesos (P5,000.00) or one (1) year, respectively.
Section 9: Utilization of Collected Fees and Charges – The regulatory fees, service
charges, interests, surcharges, fines and other penalties imposed herein shall be utilized as
follows:
(a) Fifty percent (50%) shall accrue to the General Fund of the city; and
(b) Fifty percent (50%) shall be used for the purchase of supplies and materials and other
maintenance and operating expenses necessary and incidental to the implementation of
this ordinance.
Section 10: Separability - All ordinances, rules or regulations, or parts thereof, whose
provisions are in conflict with or contrary to the provisions of this ordinance are hereby repealed,
amended or modified accordingly.
Section 11: Effectivity - This ordinance shall take effect upon its approval.
CARRIED UNANIMOUSLY.
ATTESTED:
GENER S. PASION
S. P. Secretary
CERTIFIED TO BE DULY ADOPTED:
TERESITA P. CABAL
City Vice Mayor and Presiding Officer
Approved: _ 04/04/2015__
GENARO M. MENDOZA
City Mayor