Office of The Sangguniang Bayan Draft Ordinance No. ##: Municipality of San Jose

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Republic of the Philippines

Province of Occidental Mindoro


MUNICIPALITY OF SAN JOSE
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OFFICE OF THE SANGGUNIANG BAYAN

CERTIFIED CORRECT, APPROVED


AND DULY ADOPTED: DRAFT ORDINANCE NO. ##
Series of 2021

by: Honorable Mercy I. Alvaran


RODERICK Q. AGAS
Vice-Mayor & Presiding Officer AN ORDINANCE INSTITUTING AND IMPLEMENTING THE REGISTRATION
OF OWNERSHIP OF AGRICULTURAL AND FISHERIES MACHINERY AND
EQUIPMENT IN ACCORDANCE WITH THE JOINT MEMORANDUM
SANGGUNIANG BAYAN MEMBERS:
CIRCULAR NO. 2018-02 BY THE DEPARTMENT OF AGRICULTURE AND
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
RELATIVE TO THE NATIONAL GUIDELINES FOR THE REGISTRATION OF
SANTIAGO V. JAVIER JR. OWNERSHIP OF AGRICULTURAL AND FISHERIES MACHINERY AND
Municipal Councilor EQUIPMENT WITHIN THE TERRITORIAL JURISDICTION OF SAN JOSE,
OCCIDENTAL MINDORO

WHEREAS, Republic Act No.10601, otherwise known as the "Agricultural


and Fisheries Mechanization Law" was enacted into law on June 5, 2013;
DIONISIO C. MALILAY JR.
Municipal Councilor WHEREAS, Section 19 of RA No.10601 mandates all owners of
agricultural and fishery machinery and equipment to register their agricultural and
fishery machinery and equipment with the agriculture offices of municipal and city
JOEL G. AGUILAR
government units;
Municipal Councilor
WHEREAS, pursuant to Section 19 of RA No.10601, the Department of
Agriculture (DA) and the Department of Interior and Local Government (DILG)
MYRNA G. ZAPANTA issued Joint Memorandum Circular No. 2018-02 dated August 2, 2018 providing for
Municipal Councilor the national guidelines on the registration of ownership of agricultural and fisheries
(Absent) machinery and equipment at the city and municipal local government units;
On sick leave)
WHEREAS, the purpose of the Joint Memorandum Circular is to establish
HARRY GILBERT C. CHUA ownership and create a national database of machinery and equipment for
Municipal Councilor planning and monitoring purposes, in accordance with Republic Act No.10601;

WHEREAS, the registration of agricultural and fisheries machinery and


equipment in the Municipality of San Jose would ensure the quality and safety of
ARNELDO E. ARGAME
agri-fisheries machineries and equipment as well as rational planning and
Municipal Councilor programming of government investments and resources;
Travel

MERCY I. ALVARAN WHEREAS, the DA, DBM, DILG and CSC, pursuant to Section 29 of RA
No.10601 issued Joint Memorandum Circular No. 02, Series of 2020 mandating all
Municipal Councilor
LGUs to strengthen or create their Provincial, City and Municipal Agricultural
(On Official Business)
Engineering Groups, separate from that of the MAO to undertake, among others
MARLON S. RAMINTAS the registration of agricultural and fisheries machinery and equipment;
Ex-Officio Member (ABC)
NOW THEREFORE, be it ordained by this Sangguniang Bayan in session
duly assembled, that;
DING R. DE JESUS
IP Sectoral Representative SECTION 1. TITLE. This Ordinance shall be known as the "ORDINANCE
ON MANDATORY REGISTRATION OF OWNERSHIP OF AGRICULTURAL
AND FISHERIES MACHINERY AND EQUIPMENT IN THE MUNICIPALITY
CHRISTIAN HENNESSY M. CRUZ OF SAN JOSE, OCCIDENTAL MINDORO."
Ex-Officio Member (SKF)
SECTION 2. SCOPE/COVERAGE. The ordinance shall cover a one-time
registration of ownership of both new and currently used agricultural and fisheries
machinery and equipment by any individual-owner, registered farmer-cooperatives
Approved By:
and farmer associations, and private entities, which are registered by SEC, DTl,
DOLE or CDA. The said agricultural and fisheries machinery and equipment are
used for crop, livestock and fisheries production, harvesting, processing, storage,
manufacture, preserving, transporting and distribution, research, extension and
ROMULO M. FESTIN
instruction which include, but are not limited to the list of agricultural and fisheries
Municipal Mayor machinery and equipment enumerated in Annex A. Furthermore, agricultural and
fisheries machinery and equipment owned and operated by government entities
Date: __________________ are likewise covered by with this registration.
Republic of the Philippines
Province of Occidental Mindoro
MUNICIPALITY OF SAN JOSE
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OFFICE OF THE SANGGUNIANG BAYAN

CERTIFIED CORRECT, APPROVED SECTION 3. DEFINITION 0F TERMS. For purposes of this Ordinance,
AND DULY ADOPTED:
the following terminologies are used and defined as follows:

a) Agricultural and Fisheries Machinery -refers to machinery and


RODERICK Q. AGAS equipment for the production, harvesting, processing, storage, manufacture,
Vice-Mayor & Presiding Officer preserving, transporting and distribution of agricultural and fisheries products.
These include, but not limited to, tractors and their attachments, power tillers,
seeders, transplanters, windmills, harvesting machines, crop protection and
SANGGUNIANG BAYAN MEMBERS: maintenance equipment, irrigation equipment and accessories, greenhouses and
other thermal conditioning equipment, livestock equipment, fishery equipment,
slaughtering equipment, meat/fishery and crop processing equipment, post-
harvest machines such as milling machines, dryers, threshers, grain and other
SANTIAGO V. JAVIER JR. strippers, agricultural transport machinery and storage facilities including cold
Municipal Councilor storage, reefer vans, slaughter houses and fishing boats of three (3) gross tons or
less. New agricultural and fishery machinery includes newly imported as well as
one that has not been used since its date of manufacture.

DIONISIO C. MALILAY JR. b) Processing Complexes - integrated system of equipment and facilities
Municipal Councilor for processing of agricultural and fisheries products.

SECTION 4. REGISTRY OF AGRICULTURAL AND FISHERIES


JOEL G. AGUILAR MACHINERY AND EQUIPMENT - The Municipal Agriculture Office (MAO) shall
Municipal Councilor maintain and update a registry of agricultural and fisheries machinery and
equipment. This function shall be transferred to and assumed by the Municipal
Agricultural and Biosystems Engineering Office/Division the moment it will be
MYRNA G. ZAPANTA created and fully operational pursuant to Section 29 of RA No.10601 and Joint DA-
DBM-CSC Memorandum Circular No. 02 Series of 2020, otherwise known as the
Municipal Councilor
(Absent) "Implementing Guidelines on the Strengthening and Establishment of the
On sick leave) Agricultural and Biosystems Engineering Groups of the Local Government Units''.

The MAO shall have: 1) trained Agricultural and Biosystems Engineer/s


HARRY GILBERT C. CHUA
(ABE) to undertake the registration, and if in-case it does not have shall hire at
Municipal Councilor least one ABE; 2) One QR printer.

The list of newly registered agricultural and fisheries machinery and


ARNELDO E. ARGAME equipment with complete information shall be uploaded monthly to the server of
Municipal Councilor Philippine Center for Post-Harvest Development and Mechanization-Agricultural and
Travel Fisheries Mechanization and Engineering Resource Network (PHilMech-
AFMechERN). Likewise, this shall be submitted by the MAO quarterly to the
MERCY I. ALVARAN Agricultural Engineering Division of the Provincial Agriculture Office (PAO) for
Municipal Councilor consolidation. The consolidated report shall be endorsed to the Department of
(On Official Business) Agriculture-Regional Agricultural Engineering Division (RAED), copy furnished the
Barangay Offices.
MARLON S. RAMINTAS
Ex-Officio Member (ABC) The machinery owner shall report to the Barangay Office when the
machinery and equipment are no longer operational so these can be deleted from
the registries of the MAO.
DING R. DE JESUS
IP Sectoral Representative SECTION 5. REGISTRATION OF AGRICULTURAL AND FISHERIES
MACHINERY AND EQUIPMENT PRESENTLY REGISTERED BY OTHER
CHRISTIAN HENNESSY M. CRUZ CONCERNED NATIONAL GOVERNMENT AGENCIES -The registration of
Ex-Officio Member (SKF) agricultural and fisheries machinery and equipment presently being undertaken by
concerned government agencies, such as by the Bureau of Fisheries and Aquatic
Resources (BFAR) for fishing boats; Philippine Coconut Authority (PCA) on oil mills
and other concerned national government agencies shall be included in the registry
Approved By: of agricultural and fisheries machinery and equipment of the municipality.

SECTION 6. GENERAL GUIDELINES FOR THE ISSUANCE OF


CERTIFICATE OF AGRICULTURAL AND FISHERIES MACHINERY AND
ROMULO M. FESTIN EQUIPMENT REGISTRATION (CAFMER) -The owner/user of agricultural and
Municipal Mayor fisheries machinery and equipment shall submit to the Agricultural Engineering
Division of MAO the following documents:
Date: __________________
a. Certificate of Location/Address of the owner of Agricultural and
Fisheries Machinery/Equipment from the Barangay Office;
Republic of the Philippines
Province of Occidental Mindoro
MUNICIPALITY OF SAN JOSE
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OFFICE OF THE SANGGUNIANG BAYAN

CERTIFIED CORRECT, APPROVED


AND DULY ADOPTED:
b. Duly accomplished prescribed Registration Application Form as per
Annex B; and

RODERICK Q. AGAS c. Any evidence of acquisition/ownership of agricultural and fisheries


Vice-Mayor & Presiding Officer machinery and equipment such as: Delivery Receipt (DR), Sales Invoice (SI),
Official Receipt (OR) or Deed of Donations, Memorandum of Agreement (MOA) or
Memorandum of Understanding (MOU). In cases that these documents are not
SANGGUNIANG BAYAN MEMBERS: available, the barangay office where the owner resides shall execute an affidavit
attesting to the lawful ownership of the machinery or equipment.

The Agricultural Engineering Division/ABE of MAO shall verify and evaluate


SANTIAGO V. JAVIER JR. the submitted documents. Upon finding that the owner of the
Municipal Councilor machinery/equipment has complied with all the documentary requirements and has
paid the registration fee, the MAO shall process and recommend the issuance of
CAFMER (Annex C) for approval by the Municipal Mayor or his duly representative.

DIONISIO C. MALILAY JR. The registration sticker shall be issued by the MAO after the application
Municipal Councilor form has been approved. The MAO shall keep a copy of the approved CAFMER and
ensure that the registration is uploaded to the PHilMech-AFMechERN.

JOEL G. AGUILAR The data of the registered agricultural and fisheries machinery and
Municipal Councilor equipment will be linked to the PHilMech-AFMechERN server upon registration.

SECTION 7. PROCEDURE IN CASE OF AMENDMENT TO THE


MYRNA G. ZAPANTA CERTIFICATE OF AGRICULTURAL AND FISHERIES MACHINERY AND
EQUIPMENT REGISTRATION (CAFMER). The Office of the Municipal Mayor
Municipal Councilor
(Absent) shall issue a Certificate of Clearance and an amended CAFMER in the following
On sick leave) instances:

a. Transfer of Ownership of the agricultural and fisheries machinery and


HARRY GILBERT C. CHUA
equipment- The documents stated in the preceding section, the Original CAFMER
Municipal Councilor and Certificate of Clearance shall be required in the application for an amended
CAFMER; and

ARNELDO E. ARGAME b. Transfer of Location to another locality- A new registration form shall
Municipal Councilor be secured which shall be approved by the locality where the owner has
Travel transferred.

MERCY I. ALVARAN The Office of the Municipal Mayor shall issue a Certificate of Clearance to
Municipal Councilor the owner for submission to the city/municipality where the owner has transferred
(On Official Business) within 30 days. The portion in the application form which states "For
Deletion/Cancellation of Agricultural and Fisheries Machinery and Equipment
MARLON S. RAMINTAS Registration" should be filled up.
Ex-Officio Member (ABC)
The MAO of the municipality of origin shall delete the agricultural and
fisheries machinery and equipment in the list of registration of such machinery and
DING R. DE JESUS equipment in the municipality. Likewise, the machinery owner shall report to the
IP Sectoral Representative MAO on any nonserviceable machinery and equipment so that these can be deleted
from the registries of MAO. The issuance of the amended CAFMER will require the
CHRISTIAN HENNESSY M. CRUZ owner to undergo another registration process. Thus, the owner will pay the
Ex-Officio Member (SKF) registration fee as provided for in this Ordinance.

ln the event that such machinery and equipment are involved in any
criminal or civil case regarding question of ownership as reported by the Barangay
Approved By: Officials, no Certificate of Clearance shall be issued by the MAO.

SECTION 8. REGISTRATION FEES - The agricultural and fishery


machineries and equipment used for business shall pay a one-time registration fee
ROMULO M. FESTIN amounting to 300.00 Pesos. While all heavy equipment such as cold
Municipal Mayor storage/iceplant shall pay a one-time registration fee amounting to 500 Pesos only
and the Treasury Office shall collect the registration fees.
Date: __________________
Republic of the Philippines
Province of Occidental Mindoro
MUNICIPALITY OF SAN JOSE
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OFFICE OF THE SANGGUNIANG BAYAN

CERTIFIED CORRECT, APPROVED The agricultural and fishery machineries and equipment owned by
AND DULY ADOPTED:
cooperatives duly registered under R.A. No. 6810 (Magna Carta for Countryside
and Barangay Business Enterprises (Kalakalan 2000) and R.A. No. 6938
(Cooperative Code of the Philippines) shall be exempted from payment of
RODERICK Q. AGAS registration fees pursuant to Section 133 of the Local Government Code of the
Vice-Mayor & Presiding Officer Philippines.

SECTION 9. INCENTIVES FOR THE REGISTRATION OF


SANGGUNIANG BAYAN MEMBERS: AGRICULTURAL AND FISHERIES MACHINERY AND EQUIPMENT.

a. Registration may be used in the availment of government


incentives/subsidies;
SANTIAGO V. JAVIER JR.
Municipal Councilor b. Registered machinery may be used as loan collateral;

c. Registration will facilitate the location of lost agricultural and fisheries


machinery units;
DIONISIO C. MALILAY JR.
Municipal Councilor d. Availment of common service Facilities (CSF) services in the
municipality; and

JOEL G. AGUILAR e. Provision of insurance (e.g. Registry System for Basic Sectors in
Municipal Councilor Agriculture) for registered agricultural and fisheries machinery and equipment.

The MAO shall coordinate with the Philippine Crop Insurance Corporation
MYRNA G. ZAPANTA (PCIC) for the most appropriate insurance package for agricultural and fisheries
Municipal Councilor implements, in reference to the Registry System for Basic Sectors in Agriculture
(Absent) (RSBSA) of the DA-lcTS.
On sick leave)
SECTION 10. PUBLIC INFORMATION CAMPAIGN -The MAO in
HARRY GILBERT C. CHUA collaboration with the Public Relation and Barangay Councils shall undertake
information campaign on the implementation of the registration of ownership of
Municipal Councilor
agricultural and fishery machinery and equipment.

SECTION 11. FUNDING. Funding for the implementation of the


ARNELDO E. ARGAME registration of agricultural and fisheries machinery and equipment which include
Municipal Councilor the hiring of ABEs, purchase of registration equipment (QR Printer, etc.) and other
Travel activities on the registration of ownership of agricultural and fishery machinery and
equipment shall be incorporated in the annual investment program and budget of
MERCY I. ALVARAN the Municipal Government of San Jose, Occidental Mindoro.
Municipal Councilor
(On Official Business) SECTION 12. REPEALING CLAUSE. All existing ordinances, rules and
regulations, as well as orders inconsistent herewith are hereby repealed or
MARLON S. RAMINTAS
modified accordingly.
Ex-Officio Member (ABC)
SECTION 13. SEPARABILITY CLAUSE. -Should any of these clauses or
DING R. DE JESUS parts of this Ordinance be declared unconstitutional by any court of competent
jurisdiction, all other remaining portions not so declared shall remain valid and
IP Sectoral Representative
effective.

CHRISTIAN HENNESSY M. CRUZ SECTION 14. EFFECTIVITY CLAUSE. This Ordinance shall take effect
Ex-Officio Member (SKF) fifteen (15) days following its posting in at least three (3) conspicuous places in the
municipality and in the website and social media platforms of LGU.

ENACTED during the 3rd Regular Session held on the 19th day of
Approved By: January, 2021 at the Sangguniang Bayan, Municipality of San Jose, Occidental
Mindoro.

ATTESTED:
ROMULO M. FESTIN (as to the authenticity of
Municipal Mayor the documents and signatures)

Date: __________________
ARLET D. MACTAL
Secretary to the Sanggunian
Republic of the Philippines
Province of Occidental Mindoro
MUNICIPALITY OF SAN JOSE
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OFFICE OF THE SANGGUNIANG BAYAN

CERTIFIED CORRECT, APPROVED


AND DULY ADOPTED:

RODERICK Q. AGAS
Vice-Mayor & Presiding Officer

SANGGUNIANG BAYAN MEMBERS:

SANTIAGO V. JAVIER JR.


Municipal Councilor

DIONISIO C. MALILAY JR.


Municipal Councilor

JOEL G. AGUILAR
Municipal Councilor

MYRNA G. ZAPANTA
Municipal Councilor
(Absent)
On sick leave)

HARRY GILBERT C. CHUA


Municipal Councilor

ARNELDO E. ARGAME
Municipal Councilor
Travel

MERCY I. ALVARAN
Municipal Councilor
(On Official Business)

MARLON S. RAMINTAS
Ex-Officio Member (ABC)

DING R. DE JESUS
IP Sectoral Representative

CHRISTIAN HENNESSY M. CRUZ


Ex-Officio Member (SKF)

Approved By:

ROMULO M. FESTIN
Municipal Mayor

Date: __________________

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