Republic of the Philippines
CITY OF TARLAC
Tarlac
OFFICE OF THE SANGGUNIANG PANLUNGSOD
IN THE MATTER OF
ENACTING CITY ORDINANCE NO. 05-003,
CURRENT SERIES, AMENDING MUNICIPAL
ORDINANCE NO. 96-013, SERIES OF 1996,
THEREBY IMPOSING REVISED REGULATORY
FEES AND SERVICE CHARGES FOR THE
CALIBRATION, SEALING, INSPECTION AND
LICENSING OF INSTRUMENTS OF WEIGHTS AND
MEASURES, INCLUDING SUCH INSTRUMENTS
USED FOR GASOLINE (GASOLINE PUMPS) AND
LAUNDRY SERVICE, FOR COMMERCIAL
PURPOSES WITHIN THE CITY OF TARLAC, AND
IMPOSING PENALTIES FOR VIOLATIONS
THEREOF
PRESENT:
Hon. Teresita P. Cabal, City Vice Mayor and
Presiding Officer
Hon. Sherwin S. Rigor, Member
Hon. Abelardo R. Ladera, Member
Hon. Franklin G. Dayao, Member
Hon. Jude Joseph S. David, Member
Hon. Antonio F. Cervantes, Jr., Member
Hon. Arsenio B. Lugay II, Member
Hon. Vladimir S. Rodriguez, Member
Hon. Enrico J. De Leon, Member
Hon. Arturo L. Serrano, Member
Hon. Glenn Troy S. Caritativo, Member
Hon. Laurence Albert S. Rivera, Member – SK President
ABSENT:
Hon. Ismael G. Quintos, Member – Liga President
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;

NOW, THEREFORE, on motion of Councilor Enrico J. De Leon, unanimously approved;

RESOLVED, that in the interest of public service and welfare, the Sangguniang
Panlungsod, hereby, promulgates and enacts:

CITY ORDINANCE NO. 05-003

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO.

96-013, SERIES OF 1996, THEREBY IMPOSING REVISED
REGULATORY FEES AND SERVICE CHARGES FOR THE
CALIBRATION, SEALING, INSPECTION AND LICENSING
OF INSTRUMENTS OF WEIGHTS AND MEASURES,
INCLUDING SUCH INSTRUMENTS USED FOR GASOLINE
(GASOLINE PUMPS) AND LAUNDRY SERVICE, FOR
COMMERCIAL PURPOSES WITHIN THE CITY OF TARLAC,
AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF
(Author: Councilor Vladimir S. Rodriguez)

Page Two – SP Resolution No. 05-33

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Be it ordained by authority of the Sangguniang Panlungsod of Tarlac that:

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:

(a) For sealing linear metric measures:

(1) Not over one meter - P30.00

(2) Over one meter - P40.00

Plus: Official sealing fee - P20.00

(b) For sealing metric instruments of capacity:

(1) Not over ten liters - P30.00

(2) Over ten liters - P40.00

Plus: Official sealing fee - P20.00

(c) For sealing metric instruments of weights:

(1) With capacity of not more than 30 kg. - P40.00

(2) With capacity of more than 30 kg. but
not more than 300 kg. - P50.00
(3) With capacity of more that 300 kg. but
not more than 3,000 kg. - P60.00
(4) With capacity of more than 3,000 kg. - P70.00

Plus: Official sealing fee - P20.00

(d) For sealing apothecary balance or other balances of precision:

(1) Over 3,000 kg. - P100.00

(2) Over 300 kg. up to 3,000 kg. - P80.00
(3) Over 30 kg. up to 300 kg. - P60.00
(4) 30 kg. or less - P40.00

Plus: Official sealing fee - P20.00

(e) For sealing scale or balance with complete set of weights:

(1) (i) For each scale or balance with complete set

of weights for use therewith - P10.00
(ii) For each extra weight - P15.00

(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.
Page Three – SP Resolution No. 05-33
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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.

Section 6: Administrative Provisions –

(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.

(d) Any instrument of weights and measures found by designated inspectors/sealers to be

defective which remains unclaimed within fifty days (50) days from date of confiscation,
after due notice, shall automatically be forfeited in favor of the city government.

Section 7: Fraudulent Practices and Corresponding Penalties –

(a) Fraudulent practices relative to weights and measures:

Any person other than the official sealer who

(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
Page Four – SP Resolution No. 05-33
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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

(7) procures the commission of any such offense by another

 Shall, for each offense mentioned above, be fined the amount of one thousand pesos
(P1,000.00) or imprisoned for a period of one (1) month, or both, at the discretion of the
court.

(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.

(1) Alteration or fraudulent use of instrument of weights and measures:

(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

Shall be punishable by a fine of one thousand pesos (P1,000.00) or by

imprisonment of one (1) month, or both, at the discretion of the court.

Section 8: Administrative Penalties – The City Treasurer may compromise the

following acts or omissions which do not involve fraud before a case is filed in court:

(a) Any person making a practice of buying or selling any weight and measure using
unsealed and/or unregistered instrument:

(1) When the weight or measure is correct - P300.00

Page Five – SP Resolution No. 05-33

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(2) When the weight or measure is incorrect but within

a tolerable allowance of defect or short measure - P500.00

(b) Failure to produce weight and measure tag or license certificate upon demand but the
instrument is duly registered:

(1) When the weight or measure is correct - P200.00

(2) When the weight or measure is incorrect but within
a tolerable allowance of defect or short measure - P400.00

(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.

RESOLVED FURTHER, that this resolution be forwarded to the Hon. Genaro M.

Mendoza, City Mayor, Mr. Victor M. Pingol, City Treasurer, both of this city, and to the
Honorable Members of the Sangguniang Panlalawigan of Tarlac, through the Hon. Marcelino
“Bogs” Aganon, Vice Governor, Provincial Government of Tarlac, for information and
appropriate action.

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