Legal basis and policy statement
- The ordinance anchors the City Council’s power to regulate markets on the Local Government Code of the Philippines, including authority to approve ordinances ensuring efficient delivery of basic services and facilities.
- The ordinance recognizes that local government may regulate markets, including establishment and regulation of markets by the city and regulation of the construction and operation of private markets and similar structures.
- The ordinance declares the need to regulate all privately-owned or public markets, including talipapas and similar privately-owned structures, to protect public health, safety, and general welfare.
- The ordinance states its intent to ensure that the privilege to do business or to continue doing business in the Public Market is enjoyed only by those truly qualified.
Coverage and regulated places
- The ordinance covers all privately-owned and operated and public markets of Valenzuela City.
- The ordinance covers, including but not limited to, tiangge or flea markets, talipapa or satellite markets, night markets, and other privately-owned public market stalls.
- The ordinance expressly covers places where wet and dry commodities are sold (talipapa or satellite markets) and places where only dry goods are sold (tiangge or flea markets).
- The ordinance covers market activities conducted during night time within designated areas for specified periods (night markets).
- The ordinance includes ambulant, transient, itinerant, or hawker vendors as market vendors defined by their non-permanent occupancy of a definite place.
Key definitions
- A “Privately Owned and/or Operated Public Market” refers to those established out of private funds or capital from private persons (natural or juridical) and operated by the private person or duly authorized agent under government franchise and permit, including satellite and flea market.
- A “Talipapa or Satellite Market” refers to a place where wet and dry commodities are sold by vendors, usually occupying government/private lots and/or operated by individual or associations with a minimum required facilities.
- A “Tiangge or Flea Market” refers to a place where only dry goods are sold with minimum required facilities.
- A “Night Markets” refers to a market activity held during night time, conducted at a designated area with a specified period, where a variety of products are displayed and offered for sale.
- An “Ambulant, Transient, Itinerant or Hawker Vendor” refers to a vendor who does not permanently occupy a definite place in the market and who may be seen in sidewalks or streets usually not within public market premises, selling goods daily or occasionally.
Creation and composition of the Board
- A Market Review and Evaluation Board is created to oversee all privately-owned and operated as well as public markets in Valenzuela City, including tiangge/flea markets, talipapa/satellite markets, night markets, and other privately-owned public market stalls.
- The Board serves as a regulatory and recommendatory body.
- The Board is composed of the following members:
- the City Mayor (Chairman);
- a Vice-Chairman appointed by the City Mayor;
- the Chairman of City Councils Market Committee;
- the Chief of City Health Office;
- the Chief of City Engineers Office;
- the Chief of Bureau of Fire Protection;
- the Chief of Traffic Management Office;
- the Chief of City External Services Office;
- the Chief of Building Permit License Office;
- the Chief of the City Legal Office.
- The ordinance recognizes the City Mayor as Chairman and requires a Vice-Chairman appointed by the City Mayor.
Board powers, duties, and governance
- The Board is mandated to regulate and supervise the establishment, operation, and maintenance of privately-owned and operated and public markets in the city, including the market types enumerated in the coverage provisions.
- The Board must conduct assessments connected with the adjudication of vacant or newly constructed stalls or booth in the City Market and must recommend the award of market stalls to qualified parties.
- The Board must set standards and formulate policies, rules and regulations for market operations and administration, especially regarding sanitary, traffic, and safety concerns.
- The Board must issue citation tickets for violations of standards set by the Board.
- The Board must refer to the proper authority the suspension, revocation, or cancellation of permits and franchises awarded to market owners or operators after a proper hearing, when found to be in gross violation of Board rules.
- The Board must issue Clearance and must recommend the re-issuance of franchise and renewal of permits to attest that the lessee applying for renewal of a lease contract is a holder in good standing.
- Without Board Clearance, no franchise and permit shall be issued for renewal.
- The Board must impose fines and sanctions when a licensee or franchisee has been issued at least five (5) citation tickets, and it must enforce that no Business Clearance shall be processed and granted until corresponding fines have been duly paid.
- The Board must conduct quarterly inspections of City Market operation.
- The Board must hear and settle grievances arising out of market operations and administration.
- The Board must monitor the renewal of franchise of all privately-owned markets by sending monitoring/coordination to the Secretariat of the Board, which is appointed by the Chairman.
Term, meetings, and internal timeline
- Each Board member holds office for the duration of the terms of office to which they were appointed.
- The Board holds regular meetings every month.
- The Chairman may call a special meeting anytime for specific matters upon request from any of its members.
Separability, amendment, and repeal rule
- If any part or provision is held unconstitutional or invalid, the remaining parts not affected continue in full force and effect under the separability clause.
- Ordinances or barangay ordinances with provisions not in consonance with this ordinance are deemed repealed or duly amended, in whole or in part, through the ordinance’s amending clause.