Law Summary
Market Fees and Vendor Payment Obligations
- Market vendors must pay prescribed market fees daily and cannot accumulate unpaid fees for more than fifteen days.
- Vendors failing to pay fees after due notice automatically forfeit stall rights, and stalls may be closed by the market administrator.
Definition and Rights of Market Vendors
- Individuals occupying stalls in any city-operated market are recognized as market vendors.
- The city must execute lease contracts with stall occupants within a reasonable time after the Act’s approval.
- If the city refuses to execute a lease, the issue is referred to the Market Committee whose decision is final.
- Market fees shall remain at rates effective as of July 11, 1968.
- Newly constructed markets may have fees set by the municipal board upon recommendations from the Market Committee.
- Back rentals from October 16, 1968, until the Act’s approval are condoned.
- Vendors whose stalls were declared vacant for non-payment in the same period are restored to their stalls.
- Vendors temporarily displaced due to market construction are given priority to re-occupy as many stalls as previously held, up to a maximum of three stalls.
Closure and Construction of Markets
- Allocation of stalls, market sectioning, and permitted commodities in new markets are decided by the Market Committee.
- City-owned markets cannot be closed, sold, or transferred until all vendors have been relocated by the city at its expense.
- Vendors must be notified at least 120 days prior to relocation.
- Temporarily relocated vendors are given priority in the new market.
- Cargo vehicles delivering goods to market vendors may unload but are prohibited from parking in market areas for selling purposes.
Market Committee Composition, Powers, and Functions
- A Market Committee shall be created within thirty days of the Act’s approval, chaired by the Market Administrator.
- Members include representatives from the City Treasurer, Municipal Board, Chamber of Filipino Retailers Inc., and Manila Market Vendors Association Inc.
- Powers include formulation, recommendation, and adoption of market policies and rules (subject to municipal board and mayor approval).
- Internal rules do not require higher ratification.
- Members receive per diems; government representatives serve as long as in position; private representatives depend on their organizations.
- Committee tenure limited to two years.
- The Committee has an office with personnel funded through market administration appropriations.
- It has authority over building plans for market construction and priority for remodeling or replacement of markets (subject to municipal board and mayor approval).
- It recommends disbursement of the sinking fund.
Public Market Sinking Fund
- Thirty percent of annual gross receipts from market fees form a sinking fund.
- The fund is to be used for market improvement projects including construction, remodeling, purchase of market buildings, and site acquisition.
- Until self-liquidating old markets are renovated or replaced as per committee specifications, 70% of revenues go to the city general fund and 30% to the sinking fund.
Miscellaneous Provisions
- Operators of private properties used as public markets may only collect rental fees not exceeding those charged by the city.
- Market collectors must issue receipts immediately to vendors with stall numbers recorded; failure constitutes illegal exaction punishable under the Revised Penal Code.
Severability Clause
- If any provision is declared invalid, other provisions remain effective.
Penalties for Violations
- Violators of the Act face a fine of ₱200 to ₱2,000 and imprisonment from six months to one year at the court’s discretion.
- Public officials or employees committing violations are also disqualified from holding public office.
Repealing Clause
- Laws, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity
- The Act takes effect upon approval on August 4, 1969.