QuestionsQuestions (VALENZUELA CITY ORDICE NO. 130 SERIES OF 2014)
Under the Local Government Code, the Sangguniang Panlungsod has legislative authority to establish markets and regulate their operation (including regulating construction and operation of private markets or similar structures) to ensure efficient delivery of basic services and for public health, safety, and welfare.
It creates the Valenzuela City Market Review and Evaluation Board to regulate, standardize, direct, develop, and coordinate market-related programs within the city, including privately owned/public markets such as talipapas, tiangge/flea markets, night markets, and other similar stalls.
It covers all privately-owned and operated as well as public markets, including tiangge/flea markets, talipapa/satellite markets, night markets, and other privately-owned public market stalls—phrased broadly to include “but not limited to” those categories.
Privately-owned/operated public market refers to markets established from private funds/capital, operated by the private person or authorized agent under government franchise/permit; talipapa/satellite markets generally sell wet and dry commodities; tiangge/flea markets generally sell only dry goods.
A night market is a market activity held during nighttime in a designated area for a specified period, where a variety of products are displayed and offered for sale.
They do not permanently occupy a definite place in the market; they may be seen in sidewalks or streets usually not within the premises of a public market, selling goods daily or occasionally.
The board is described as being under the Office of the City Mayor. This implies the board operates within the mayoral structure for coordination, regulation, and recommendation over market-related programs.
Members include the City Mayor (Chairman), Vice-Chairman appointed by the City Mayor, Chairman of the City Councils Market Committee, heads of City Health, City Engineers, Bureau of Fire Protection, Traffic Management, City External Services, Building Permit License, and Chief of City Legal Office.
The Board is empowered to regulate and supervise the establishment, operation, and maintenance of privately-owned and operated as well as public markets in the city, including tiangge/flea markets, talipapa/satellite markets, night markets, and similar stalls.
The Board conducts assessments connected with adjudication of vacant or newly constructed stalls/booths in the City Market and recommends the award of stalls to qualified parties.
It authorizes the Board to issue citation tickets for violations of the standards set by the Board.
Section 6(e) states that suspension, revocation, or cancellation of permits and franchises will be referred to the proper authority “after proper hearing,” implying observance of due process.
It requires that without the Board-issued clearance, no franchise and permit shall be issued. Clearance attests that the lessee applying for renewal is a holder in good standing.
If a licensee/franchisee has been issued at least five citation tickets, no Business Clearance shall be processed and granted until corresponding fines are fully paid.
It holds regular meetings monthly (Section 8) and conducts quarterly inspection of City Market operations (Section 6(h)).
It hears and settles grievances arising out of market operations and administration.
It becomes effective within fifteen (15) days after publication in a newspaper of general circulation within the city, reflecting the publication requirement for ordinances to take effect.