SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'15 
SEP 22 P 4 :46 
SENATE 
Senate Bill No. 
2961 
""""'1' "1" 1'\' X 
.... , , .. , .. , , ···C}···· 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INSTITUTING A NATIONAL MARKET CODE OF THE PHILIPPINES 
EXPLANATORY NOTE 
The management. maintenance, supervision and control of barangay, satellite, 
municipal or city public markets are principally governed by Republic Act No. 
7160 or the Local Government Code which, at the same time, authorizes the 
Sangguniang Bayan and Sangguniang Panglungsod to regulate the preparation 
and sale of consumable items in such markets. 
Public markets are essential establishments in our localities and for decades 
now, they served as the center of trade and commerce in every city and 
municipality in the country, The recent proliferation of supermarkets and malls 
even in rural areas has undeniably affected the sales in public markets; but it 
remains to be the preference of a large number of our populace. As narrated in 
the 2002 article of the Philippine Center for Investigative Journalism (PCIJ) 
entitled, "Death of Palengke": 
"Public markets, once the heart of every town, are dying because of 
neglect and the entry of more aggressive mall entrepreneurs." 
"That there are still public markets able to survive the onslaught of 
supermarkets and malls can be traced largely to the enduring 
popularity of the wet-market section, which continues to draw 
people who cannot afford to buy from air-conditioned foodstores. 
Thus, the usual proposed setup in converting the palengke to a 
commercial center involves a token concession of a wet market that 
is less strategically located, either at the back or basement/ground 
level of the establ'lshment." 
This situation calls for a revisit to the current operation and management of 
public markets. 
Indeed, there is a need to revitalize and upgrade our public 
markets that will enable them to respond to the growing changing needs and 
demands of their "sukP'. 
This measure seeks to develop, regulate and standardize market systems and 
professionalize market services. 
The proposed "National Market Code of the 
Philippines" will govern all public markets, whether owned and/or managed by 
the government or by private groups or individuals. 


The proposed measure provides for, among others, guidelines and requirements 
for sanitation, security and safety, service area and facilities, award and 
occupancy of stalls, and collection and use of market fees. 
This bill was filed by Senator Manny Villar in the 15th Congress but was not 
enacted into law. 
The immediate passage of this bill is earnestly sought. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'15 
SEP 22 P 4 :46 
SENATE 
Senate Bill No. 
2961 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INSTITUTING A NATIONAL MARKET CODE OF THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
TITLE 1. GENERAL PRINCIPLES 
1 
SECTION 1. Short Title. - This Act shall be known as the "National Market 
2 
Code of the Philippines". 
3 
4 
5 
SEC. 2. General Objective. - To complement and supplement the provisions of 
6 
Republic Act No. 7160, otherwise known as the Local Government Code, in 
7 
relation to the establishment. regulation and maintenance of public markets, it is 
8 
the purpose of this Code to make public markets responsive and effective 
9 
instrument of public service as well as dynamic and viable enterprises to 
10 
strengthen the financial capabilities of cities, municipalities and where feasible, 
II 
barangays thus significantly contributing to national and local development, and 
12 
towards this end, to develop, regulate and standardize market systems and 
13 
professionalize market services. 
14 
15 
16 
SEC. 3. Scope of Application. - This Code shall govern all public markets as 
17 
hereinafter defined, whether owned and/or managed by the government or by 
18 
private groups or individuals. 
19 
20 
21 
SEC. 4. 
Definition of Terms. -
The following definitions of terms shall be 
22 
applicable in the interpretation of the provisions of this Code: 
23 
24 
(a) "Ambulants" are vendors who do not occupy a definite or permanent place 
25 
or stall in the market who come to sell goods either daily or occasionally 
26 
by sitting or moving place to place within the market premises; 
27 
28 
(b) A "bagsakan" area is basically an open area for the delivery of wholesale 
29 
goods in bulk and functions as a transaction area among producers, 
30 
wholesalers and retailers; 
31 


1 
(c) A "cold storage" is a place where perishable goods are stored. Separate 
2 
storage areas are to be provided for fish, meat, vegetables and fruits as 
3 
storing them together tends to affect their taste and odor. 
4 
5 
(d) "Hawkers" refer to an ambulant vendors who sell their wares on a daily 
6 
basis; 
7 
8 
(e) An "ice storage" is an area that may be included in the market to supply 
9 
the need for ice; 
10 
I I 
(f) "Local govemment" refers to the province, city, municipality, or barangay; 
12 
13 
(g) "Local market authorities" refer to the city or municipal Mayor, his duly-
14 
appointed Market Administrator, the city or municipal Administrator, the 
15 
city or municipal Treasurer, or any other city or municipal official charged 
16 
with the management of the day to day operations of the public market 
17 
and/or specific aspects of such operations; 
18 
19 
(h) "Marine product" refer to fresh and dried fish, sea weeds, shell like 
20 
mussels, clams, shrimps, lobster and the like; 
21 
22 
(i) "Market premises" refer to any open space in the market buildings, usually 
23 
occupied by transient vendors especially during market days, and the total 
24 
area designated as the market place; 
25 
26 
(j) "Market sectioning" is grouping together in one section or zone in the 
27 
market the same or similar goods, commodities or foodstuffs offered for 
28 
sale; 
29 
30 
(k) "Market stall" refers to any allotted space or booth in the public market 
31 
where merchandise of any kind is sold or offered for sale, and from which 
32 
a regular fee is collected on a defined periodic basis; 
33 
34 
(I) "Peddler" means any person who, either for himself or on commission, 
35 
travels from place to place and sells his goods or offers to sell and delivers 
36 
the same; 
37 
38 
(m)A "poultry dressing area" is an area servicing the poultry stalls in the wet 
39 
section of the market; 
40 
41 
(n) A "public market" means a place, building or structure of any kind owned 
42 
or operated by a city or municipality designated as such by the 
43 
Sanggunian of that city of municipality dedicated to the service of the 
44 
general public, where basic food items and other commodities are 
45 
displayed and offered for sale. "Public market" also includes market stalls, 
46 
tiendas, buildings, roads, subways, waterways, drainage, parking space 
47 
and other appurtenances which are integral thereto. 
48 
49 
(0) "Rental fee" means a charge fixed by law or agency, whether in money or 
50 
otherwise, given for the enjoyment or use of a thing; 
51 
52 
(p) "Slaughterhouse" refers to a place designated by law to kill, clean and cut-
53 
up animals for human consumption; 
54 
55 
(q) "Special Markets" refers to auction markets for fish, livestock, vegetables 
56 
and other products, and single commodity markets, located in production 
57 
areas serving as resources-based wholesale centers; 
2 


I 
2 
(r) "Stall holders" refer to those who have been granted the right to use one or 
3 
more stalls, where they can display or sell their goods, commodities or 
4 
foodstuffs, and pay rentals thereon. 
5 
6 
(s) "Support facilities" refer to service areas directly supportive of market 
7 
operations, including "bagsakan" area, central collection station for 
8 
wastes, poultry dressing area, ice storage facilities, cold storage and 
9 
storage rooms, toilets, parking spaces, slaughterhouses, warehouses and 
I 0 
trading posts; 
II 
12 
(t) "Trading post" refers to a wholesale resource-based area near production 
13 
and consumption areas to facilitate the distribution of livelihood products; 
14 
no physical exchange of products, only transactions such as payments, 
15 
inquiry and briefings would be done; 
16 
17 
(u) A "vendor" shall mean a person who sells commodities or foodstuffs, 
18 
within the market premises; 
19 
20 
(v) "Warehouse" is a building or structure where the process or receiVing, 
21 
storing and delivering of goods take place. Distribution is a function of 
22 
warehousing which include the preparation and delivery of goods 
23 
according to plan or special order. 
24 
2S 
26 
TITLE II. BASIC POLICIES AND REGULATION 
27 
CHAPTER 1. LOCATION, ESTABLISHMENT AND CONSTRUCTION 
28 
29 
30 
SEC. 5. 
Site. -
No public market of any king shall be established in sites 
31 
determined in accordance with the National Building Code, zoning laws, and 
32 
applicable local ordinances. 
In any case, no such public market shall be 
33 
established beside a national or local road if it is deemed to cause traffic 
34 
congestion due to the absence of ample parking space within the vicinity of the 
35 
market area. 
36 
37 
38 
SEC. 6. 
Establishment Requirement. -
Subject to permit or licensing 
39 
requirement of the local government unit concerned, the design and construction 
40 
of every public market shall be in accordance with the provisions of existing laws. 
41 
42 
43 
SEC. 7. Number of Markets. - The respective Sanggunian shall determine the 
44 
total number of public markets to be established in the city/municipality, whether 
45 
owned or managed by the government or by private groups or individuals based 
46 
on the needs of both consumers and traders in the area, and considering the 
47 
economic viability of such public markets. 
48 
49 
50 
CHAPTER 2. SANITATION 
51 
52 
53 
SEC. 8. Cleanliness and Sanitation. - All markets and their premises must at all 
54 
times be kept clean and in sanitary condition to safeguard the health and safety 
55 
of the buying as well as the stall owners, vendors and market personnel. 
56 
Facilities for sanitation and maintenance, such as cleaning and elimination of 
57 
harborages of vermin shall be provided. 
3 


1 
2 
3 
SEC. 9. 
Sanitation Unit. -
All markets shall have a sanitation unit with an 
4 
adequate number of personnel to ensure efficient operation in the maintenance 
5 
of cleanliness and sanitation within the market and its premises. The cleaning of 
6 
markets and their premises shall be done daily and as often as may be 
7 
necessary. 
8 
9 
Individual stall owners/vendors shall keep and maintain their stalls in clean and 
10 
sanitary condition. They shall likewise be responsible for the cleanliness of the 
11 
passageways, alleys or spaces immediately in front or behind or by the side of 
12 
their stalls. In cooperation with local market authorities and personnel, market 
13 
vendors and stall owners shall be responsible for the general cleanliness and 
14 
sanitation of the market and its premises. 
15 
16 
17 
SEC. 10. 
Facilities Required to be Provided. -
There shall be proper and 
18 
adequate drainage and sewerage systems to ensure cleanliness and sanitation. 
19 
Appropriate facilities to abate pollution shall be installed. 
20 
21 
22 
SEC. 11. Water and Draining Facilities. - All markets shall have available ample 
23 
water for cleaning. 
There shall be separate drinking facilities to prevent 
24 
contamination. 
25 
26 
27 
SEC. 12. Public Toilets. - Public toilets with adequate lavatories, at least one (1) 
28 
for men and another for women, shall be provided and installed in strict 
29 
conformity with the Sanitation Code and the same shall at all times be kept clean 
30 
and sanitary. 
31 
32 
33 
SEC. 13. 
"No Littering" Signs. -
"No Littering" signs shall be posted in 
34 
conspicuous places to warn vendors and buyers that the same is punishable by 
35 
law. 
36 
37 
38 
SEC. 14. Number and Type of Garbage Receptacles. - All markets shall be 
39 
provided with the large garbage receptacles of the fly-and-rat proof type for the 
40 
collection of all the garbage and rubbish in the market and its premises. 
In 
41 
addition, adequate garbage cans shall be placed at strategic places for the 
42 
garbage and rubbish of the buyers, ambulant vendors and market personnel. 
43 
Likewise, all stall owners and vendors shall be required to have individual 
44 
garbage cans. 
45 
46 
47 
SEC. 15. Purpose of Cover. - All garbage cans must be properly covered to 
48 
keep from becoming the breeding places of flies, rates, mosquitoes and other 
49 
insects. 
50 
51 
52 
SEC. 16. "Use of Garbage Cans" Signs. - "Keep our Premises Clean", "Use 
53 
Garbage Cans" signs shall be placed at the entrance, in passageways and in 
54 
places where garbage are collected. 
55 
56 
4 


1 
SEC. 17. Disposal of Garbage. - It shall be the responsibility of the individual 
2 
stall owner and vendors to dispose of their garbage at the end of each day by 
3 
placing them in the receptacle referred to in Section 15 thereof. However, the 
4 
disposal of the garbage of the buying public, ambulant vendors and the market 
5 
personnel shall be the responsibility of the local market authorities. The waste 
6 
dumping area of disposed garbage shall be located at a convenient place 
7 
wherein garbage collectorsltrucks shall have access to collect them. Solid waste 
8 
from each stallholder shall be transferred to the central dumping area to facilitate 
9 
efficient solid waste management. 
10 
I I 
12 
SEC. 18. Time for Collection and Disposal of Garbage. - All the garbage and 
13 
rubbish of the market must be collected and disposed of at appropriate 
14 
schedules to be determined by the local market authorities. 
15 
16 
17 
SEC. 19. 
Meat and Meat Products. -
All meat and meat products shall be 
18 
inspected pursuant to existing laws and local ordinances. 
19 
20 
21 
SEC. 20. Sale of Marine Products. - Only fresh, live and wholesome fish and 
22 
marine products or dried, salted, smoked or fermented fish and marine products 
23 
which are safe for consumption shall be sold. Fish and other marine products 
24 
caught in radioactive zones as well as in areas contaminated by toxic substances 
25 
or high in mercury count as determined by the Department of Health (DOH) in 
26 
coordination with the Bureau of Fisheries and Aquatic Resources (BFAR) and the 
27 
Food and Drug Administration (FDA), shall be condemned and shall not be 
28 
allowed for sale. 
29 
30 
31 
SEC. 21. 
Protection and Preservation of Food. - All foods which require no 
32 
further cooking shall be wrapped, covered, or enclosed in containers to preserve 
33 
their freshness and prevent contamination. 
34 
35 
36 
SEC. 22. Applicability of Code on Sanitation. - (1) All provisions of the Code on 
37 
Sanitation shall, whenever applicable, be observed by and enforced upon public 
38 
markets and all establishments therein and their respective personnel. 
39 
40 
(2) Special effort shall be exerted to strictly observe and enforce the provisions of 
41 
said Code of Sanitation relating to water supply, food establishments, sewage 
42 
collection and disposal, excrete disposal and drainage, and refuse disposal. 
43 
44 
45 
CHAPTER 3. SECURITY AND SAFETY 
46 
47 
48 
SEC. 23. 
Market Hours. - All public markets shall be opened and closed at 
49 
certain hours as may be determined by the Sanggunian of the local unit 
50 
concerned, in accordance with the requirements of safety, order and sanitation. 
51 
52 
53 
SEC. 24. 
Proper Identification. -
All market personnel shall be required to 
54 
display conspicuously an identification card or other means of identification 
55 
prescribed by the city/municipality concerned. 
56 
57 
5 


SEC. 25. Security Unit. - The city/municipality shall provide adequate security 
2 
for the protection of consumers and traders within the vicinity of the market area. 
3 
4 
5 
SEC. 26. Losses of Stal/holders. - The city/municipality shall not be responsible 
6 
for any loss or damage which stall holders or vendors may incur in the 
7 
city/municipality markets by reasons of fire or force majeure. The total market 
8 
authorities, however, shall encourage stall holders to ensure their commodities. 
9 
10 
11 
CHAPTER 4. SERVICE AREA I FACILITIES 
12 
13 
14 
SEC. 27. Storage Areas. - Storage facilities such as those intended for ice and 
15 
cold storage shall be appropriate situated to facilitate efficient storage and 
16 
distribution of ice and perishable goods delivered to the market. 
17 
18 
19 
SEC. 28. 
Ramps and Stairways. -
Ramps shall be strategically located for 
20 
purposes of visibility, near the approach point to the market structure, and shall 
21 
conform to the provisions of the existing accessibility law which requires 
22 
buildings, institutions, establishments and public utilities to install facilities and 
23 
other devices to enhance the mobility of disabled persons. They shall provide 
24 
convenient to related market functional activities. 
Regular stairways shall 
25 
complement the market system. 
26 
27 
28 
SEC. 29. Market Aisles. - To facilitate mobility, security and safety at all times, 
29 
market aisles shall be free from any obstructions. Market officials and personnel 
30 
and policemen detailed in the vicinity of the city / municipal markets shall 
31 
exercise strict vigilance on this matter and enjoin strict compliance with these 
32 
provisions. 
33 
34 
35 
SEC. 30. 
Weighing Scales. - The city / municipality shall provide weighing 
36 
scales for the use of the consumers to safeguard them against shortweighing of 
37 
commodities like rice, fish, meat, etc. 
It shall be located in conspicuous and 
38 
strategic points in the public market 
39 
40 
41 
CHAPTER 5. AWARD AND OCCUPANCY OF STALLS 
42 
43 
44 
SEC. 31. Award; How Made. - Award or jurisdiction of newly constructed or 
45 
vacant stalls shall be made pursuant to the provisions of this Code. 
46 
47 
48 
SEC. 32. Market Committee. - There is hereby, in each city / municipality, a 
49 
Market Committee, whose duty shall be to conduct the drawing of lots and 
50 
opening of bids in connection with the adjudication of vacant or newly 
51 
constructed stalls or booths in the city / municipality markets as prescribed 
52 
herein, and to certify to the Sanggunian concemed, the results thereof. 
53 
54 
In the chartered cities, the Committee shall be composed of the City Mayor or his 
55 
duly authorized representative as Chairman, and the following as members: 
56 
57 
a) a representative of the City Treasurer; 
6 


I 
b) a representative of the Sanggunian; 
2 
G) a representative of the City Legal Officer or a representative of the City 
3 
Prosecutor in case there is no City Legal Officer; and, 
4 
d) a representative of the Market Vendors chosen by them from among their 
5 
members. 
6 
7 
In the municipalities, the Municipal Mayor or his duly authorized representative 
8 
shall be the Chairman and the following as members: 
9 lOa) a representative of the Municipal Treasurer; 
II 
b) a representative of the Sanggunian; 
12 
c) a representative of the Municipal Legal Officer, if there be any, or a 
13 
representative of the Provincial Prosecutor in case there is no Municipal 
14 
Legal Officer; and, 
15 
d) a representative of the market vendors chosen by them from among their 
16 
members. 
17 
18 
In case where the deliberations of the Market Committee result in a tie vote, the 
19 
Chairman shall break the tie. 
20 
21 
22 
SEC. 33. 
To Whom Award May Be Made. -
(1) No person shall operate a 
23 
market stall without first securing the permits required by the city / municipality 
24 
where the market is located. All applications for the award of stall shall be filled 
25 
in the office of the local market authorities. 
26 
27 
(2) No person shall sell, offer for sale, or expose any article or articles in any 
28 
public market, or use or occupy any stall without first having been assigned to 
29 
such stall in the manner prescribed herein. Residents of the city or municipality 
30 
shall be given preference in the occupancy or lease of stalls over non-resident 
31 
applicants at the time of the awarding of the stalls; 
32 
33 
(3) Vendors shall be assigned a stall according to the nature of the merchandise 
34 
intended for sale; 
35 
36 
(4) Stall holders shall not be allowed to occupy stall or spaces other than those 
37 
leased to them, and it shall be the duty of the market administrator or his duly 
38 
authorized representative to see to it that the stall holders do not occu py other 
39 
stalls or spaces. 
40 
41 
42 
SEC. 34. Subleasing or Selling Privilege Not Allowed. - No awardee shall sublet 
43 
or sublease the stall so awarded nor shall any privilege acquired be sold. Any 
44 
person other than the stallholder found selling in the latter's stall shall be 
45 
considered prima facie evidence of subleasing and shall subject the stallholder to 
46 
outright revocation of his lease award. 
47 
48 
49 
SEC. 35. Limit on Number of Stalls Awardable. - No person shall be allowed to 
50 
lease more than two (2) stalls; Provided, That when two stalls are leased to one 
51 
person, such stalls shall adjoin one another and shall be allocated in the same 
52 
section of the market; Provided, finally, That it shall be a violation of this Section 
53 
for more than one member of a family consisting of the father, mother, sons and 
54 
daughters to hold stalls in one market unless these sons and daughters are 
55 
already of age and living by themselves and independently of their parents. 
56 
57 
7 


1 
SEC. 36. 
Duration of Lease. -
The duration of lease of a market stall in 
2 
govemment owned public markets shall be determined by the local Sanggunian 
3 
and shall be incorporated in the lease contract to be executed for such purpose. 
4 
5 
6 
SEC. 37. Revocation of Lease. - The revocation of lease contract of stall holders 
7 
shall be effected for cause or causes to be determined by the local Sanggunian. 
8 
Such provisions shall likewise be incorporated in the lease contract to be 
9 
executed for such purpose. 
10 
1 1 
12 
SEC. 38. Adjudication of Vacant Stalls to Applicants. - Vacant stalls shall be 
13 
leased to applicants in the following manner: 
14 
15 
(a) Notice of vacancy of the stalls or booths shall be posted for a period of not 
16 
less than ten (10) days prior to the date of actual award to qualified 
17 
applicants to apprise the public of the fact that such stalls or booths are 
18 
vacant and available for lease. Such notice shall be posted in the bulletin 
19 
board of the market concemed. 
20 
21 
An application fee shall be collected from each applicant to cover the 
22 
necessary expenses and any excess thereof shall form part of the general 
23 
fund of the city / municipality concemed. 
24 
25 
(b) The application should be made under oath. It shall be submitted to the 
26 
Office of the local market authorities concemed by the applicant either in 
27 
person or through his/her authorized representative. 
28 
29 
(c) It shall be the duty of the local market authorities to keep a registry book 
30 
showing the names and addresses of all applicants for vacant stalls or 
31 
booths, the number and description of the stall / booth applied by them, 
32 
and the date and hour of receipt of each application. It shall be also the 
33 
duty of the local market authorities to acknowledge receipt of the 
34 
application setting forth therein the time and date of receipt thereof. 
35 
36 
(d) Applicants who are Filipino citizens shall have preference in the lease of 
37 
public market stalls. If on the last day set for filing applications, there is no 
38 
application from Filipino citizens, the posting of the notice of vacancy 
39 
prescribed above shall be reported for another ten (10) day period. If after 
40 
the expiration of that period there is still no Filipino applicant, the stall 
41 
concemed may be leased to any alien applicant who filed his application 
42 
first. If there are several alien applicants, the adjudication of the stall shall 
43 
be through the drawing of lots to be conducted by the Market Committee. 
44 
In case there is only one Filipino applicant, the stall or booth applied for 
45 
shall be adjudicated to him. If there are several Filipino applicants for the 
46 
same stall, adjudication shall be made through the drawing of lots to be 
47 
conducted by the Market Committee on the date and hour specified in the 
48 
notice. The result of the drawing of lots shall be reported immediately by 
49 
the Committee to the Sanggunian for appropriate action. 
50 
51 
(e) The successful applicant shall fumish the city / municipal treasurer two (2) 
52 
copies of his or her picture immediately after the award of the lease. It 
53 
shall be the duty of the treasurer to affix one copy of the picture to the 
54 
application form and the other copy to the record card kept for that 
55 
purpose. 
56 
57 
8 


SEC. 39. Effect of Death of Lessee. - Upon the death of the holder of a stall, the 
2 
contract of lease covering said stall shall be deemed terminated. However, if the 
3 
deceased leaves a surviving spouse or legal heirs who are not disqualified under 
4 
the provisions of this Code, and who desire to continue the business of the 
5 
deceased, the lease may be transferred to the deceased's spouse or legal heirs 
6 
upon application therefor; Provided, That the local market authorities shall be 
7 
notified within thirty (30) days after the death of the original lessee of the desire 
8 
of the spouse or legal heirs to succeed and upon payment of all necessary rents 
9 
or lease due at the time of the original lessee. 
10 
II 
12 
CHAPTER 6. COLLECTION AND USE OF MARKET FEES 
13 
14 
15 
SEC. 40. Market Fees. - The city / municipality may collect fees or rentals for 
16 
the occupancy or use of any part of a govemment-owned public market or its 
17 
premises in accordance with existing laws. Subject to the provisions of the Local 
18 
Govemment Code, the rental rates or fees shall be determined by the local 
19 
Sanggunian in accordance with the actual requirements for the maintenance of 
20 
the public market and the sustenance of its economic viability. 
21 
22 
23 
SEC. 41. 
Subdivision of Market Building and Rates of Fees and Rentals 
24 
Therefor. - The public market shall be subdivided into sections with each section 
25 
housing one class or group of allied goods; commodities or merchandise. The 
26 
local Sanggunian shall fix for each section, reasonable rates of fees or rentals 
27 
per square meter or space per month and/or day. 
28 
29 
In case there are several market buildings, or pavilions, each one of them shall 
30 
be given a number or other designation for effective identification. 
31 
32 
33 
SEC. 42. Rentals for Fixed Stalls, Booths and Tiendas. - Rentals for fixed stalls, 
34 
booths, and tiendas shall be fixed by the month to be paid within the first ten (10) 
35 
days of each month. The fixed stall, booths and tiendas situated in the best 
36 
locations shall be assigned higher rates per square meter than those less 
37 
favorably located; Provided, That said higher rates per square meter shall be 
38 
within the range of such rates determined by the local Sanggunian as provided in 
39 
Section 42 hereof. 
40 
41 
42 
SEC. 43. Market Fees for the Occupancy of Market Premises. - The market 
43 
fees for the occupancy of market premises shall be fixed at such reasonable rate 
44 
per day per square meter of space occupied therein, or a fraction thereof. 
45 
46 
47 
SEC. 44. Market Entrance Fee. - In lieu of the regular market fees based on the 
48 
space occupied, a market entrance fee may be imposed on all transient vendors 
49 
of any commodity or merchandise being brought into the public market for sale 
50 
on the bases of weight, bundle, sack, can, cartload, or any other convenient unit 
51 
of measure. The amount of entrance fee to be imposed shall not exceed the 
52 
amount of market fee that would be collectible if the fee were charged on the 
53 
basis of space occupied by the said commodity or merchandise, as provided in 
54 
the immediately preceding section. 
55 
56 
9 


1 
SEC. 45. Payment of Fees. - Unless otherwise provided herein, the market fee 
2 
must be paid in advance before any person can sell, or offer to sell, any 
3 
commodity or merchandise within the public market and its premises. 
4 
5 
6 
SEC. 46. Issuance of Cash Tickets of Transient Vendors; Prohibition on Transfer 
7 
Thereof. - Cash tickets shall be issued to the vendor buying the same and his 
8 
name, date and signature of the collector shall be written on the back thereof. 
9 
The cash tickets shall pertain only to the person buying the same and shall be 
10 
good only for the space or spaces of the market premises to which they are 
11 
assigned while in the hands of the original purchaser. If a vendor disposes of his 
12 
merchandise by wholesale to another vendor, the latter shall purchase new 
13 
tickets if he desires to sell the same merchandise even if this is done in the same 
14 
place occupied by the previous vendor. 
15 
16 
Cash tickets shall be provided with serial numbers by the Office of the City I 
17 
Municipal Treasurer which shall monitor the issuance of cash tickets in 
18 
collaboration with the Market Administrator. 
19 
20 
21 
SEC. 47. Allocation of Collected Market Fees. - After deducting statutory or 
22 
contractual obligations, a minimum of fifty percent (50%) of the remainder of the 
23 
income of the public market owned by the government shall be reserved and set 
24 
aside as a capital and management development fund for the maintenance and 
25 
improvement of the market and for staff development. The balance shall accrue 
26 
to the general fund of the local unit concerned. 
27 
28 
29 
SEC. 48. 
Duties of a City or Municipal Treasurer. -
The City I Municipal 
30 
Treasurer shall be limited to the collection, custody, and proper disbursement of 
31 
fees and other income of the public market, and furnishing collection reports to 
32 
the 
Market Administrator, 
provisions of existing 
laws to 
the contrary 
33 
notwithstanding. The administration, supervision and control of the public market 
34 
shall be vested in such bodies or officials as may be provided for by the 
35 
Sanggunian concerned. 
36 
37 
38 
CHAPTER 7. SPECIAL MARKETS 
39 
40 
41 
SEC. 49. Special Regulations. - The provisions of the foregoing chapters of this 
42 
Code may be treated differently from other markets and shall be subject to such 
43 
ordinances regarding location, establishment, and security as may be provided 
44 
for by the Sanggunian concerned. 
45 
46 
47 
CHAPTER 8. RESTRICTION 
48 
49 
50 
SEC. 50. Rules of Conduct. - (1) The Sanggunian shall promulgate such rules 
51 
of conduct as may be applicable within the market premises to render efficient 
52 
market management and operations. 
53 
54 
(2) The names and pictures of persons authorized by stallholders to help them in 
55 
their daily business shall be registered with the office of the local market 
56 
authorities. 
57 
10 


I 
2 
SEC. 51. Peddling and Hawking. - (1) No person shall peddle, hawk, offer for 
3 
sale or expose for sale any articles in the passageways or aisles used by 
4 
purchasers in any city / municipal markets. 
5 
6 
(2) Local market authorities shall designate appropriate areas within the market 
7 
premises which peddlers and hawkers can occupy. 
Neither shall they be 
8 
permitted to expose or sell merchandise on sidewalks, courts (patios) or places 
9 
designated and/or intended for the passage of the public to the city / municipal 
10 
markets. Market officials and personnel and policemen detailed in the vicinity of 
II 
the city / municipal markets shall exercise strict compliance with these provisions. 
12 
13 
14 
SEC. 52. Dispensing and Serving of Intoxicating Drinks. - No person shall drink, 
15 
serve or dispense liquor or any intoxicating drink within the premises of any city / 
16 
municipal markel. Any violation hereof shall subject the offender to the penal 
17 
provisions of this Code and his or her lease award shall be subject to revocation. 
18 
19 
20 
SEC. 53. Loose Animals. - The local market authorities shall make sure that no 
21 
dogs or other animals are left astray in the premises of the city / municipality. 
22 
23 
24 
SEC. 54. II/egal Construction. - The construction of living quarters, within the 
25 
market premises shall not be allowed. 
26 
27 
28 
SEC. 55. Ejected Stal/holders Disqualified to Participate in the Drawing of Lots. 
29 
- After due notice and hearing should a stallholder be ejected from his/her stall / 
30 
booth, for cause, as provided in the Code, he/she shall be disqualified from 
31 
subsequently tiling another application for the lease of any stall / booth in the 
32 
public market of the city / municipality. 
33 
34 
35 
SEC. 56. Prohibitions. - (1) No lessee shall remove, construct, and alter the 
36 
original structure of any booth or booths or electrical wiring or water connection 
37 
without prior permit from the local market authorities approved by the city / 
38 
municipal building official. 
Any unauthorized construction shall be subject to 
39 
demolition by local authorities. Dwelling in stall or any place within the market 
40 
premises shall be strictly prohibited. 
41 
42 
(2) No stallholder in the public market shall be allowed to store gasoline and 
43 
crude oil. 
44 
45 
46 
TITLE III. ADMINISTRATION 
47 
48 
CHAPTER 1. LOCAL ADMINISTRATION OF PUBLIC MARKETS 
49 
50 
51 
SEC. 57. Local Advisory Committee. - In each city or municipality, the Mayor 
52 
may create a Local Advisory Committee to be composed of representatives from 
53 
the government and private sectors to assist him and the Sanggunian in the 
54 
formulation of policies to enhance the efficiency of market operations. 
55 
56 
57 
CHAPTER 2. MARKET PERSONNEL 
II 


2 
3 
SEC. 58. Market Administrator. - The Market Administrator shall exercise direct 
4 
and immediate supervision, administration and control over local govemment 
5 
owned / operated public markets and the personnel thereof including those 
6 
whose duties concern the maintenance, upkeep, peace and order of the market 
7 
premises, subject to the supervision of the City / Municipal Treasurer in 
8 
accordance with existing laws, local ordinances and other rules and/or 
9 
regulations pertinent thereto insofar as collection, remittance, and reporting of 
10 
collections are concerned. 
Actual collection activities, however, shall be 
11 
supervised by the Market Administration including the assignment of market 
12 
collectors therein. 
13 
14 
15 
SEC. 59. 
Powers and Functions of the Market Administrator. - The Market 
16 
Administrator shall: 
17 
18 
(a) Exercise general supervision over the management and operation of 
19 
public markets; 
20 
(b) Enforce 
all 
laws, 
rules 
and 
regulations 
affecting 
public 
market 
21 
management and operations; 
22 
(c) Assist in the formulation of the budget for operations of the city / municipal 
23 
public market prior to submission to the Sanggunian; 
24 
(d) Propose and coordinate plans and programs for public markets, including 
25 
market linkages; 
26 
(e) Propose the imposition of new adjusted market fees to the Sanggunian 
27 
based on standards set forth in this Code; and, 
28 
(f) Prepare monthly financial statements in collaboration with the City / 
29 
Municipal Treasurer indicating market income and expenses to be 
30 
submitted to the Mayor and the Sanggunian. 
31 
32 
33 
SEC. 60. Other Market Personnel. - Other officials and employees of the public 
34 
market shall be determined by the Sanggunian in accordance with existing laws. 
35 
36 
37 
TITLE IV. PENAL PROVISIONS 
38 
39 
40 
SEC. 61. 
Penalty for Prohibited Acts. -
Any person violating, or causing, 
41 
inducing, or abetting the violation of any prohibitory provision of this Code shall, 
42 
upon conviction of the court, suffer the penalty of arresto men or or a fine not 
43 
exceeding Two Hundred Pesos (P200.00), and, in case of recidivism, the penalty 
44 
of arresto mayor or a fine ranging from Two Hundred (P200.00) to Six Thousand 
45 
Pesos (P6,OOO.OO). 
46 
47 
48 
SEC. 62. Selling Confiscated Goods. - Any law enforcement officer or public 
49 
market security guards who confiscates goods from any vendor, ambulant or 
50 
otherwise, and sells or offers these goods for sale by himself or through a third 
51 
person / persons, shall upon conviction of the court, suffer: 
52 
53 
(1) The penalty of prision correccional in its medium and maximum periods, if 
54 
the value involved does not exceed Two Hundred Pesos (P200.00); 
55 
(2) The penalty of prision mayor in its minimum and medium periods, if the 
56 
value involved is more than Two Hundred Pesos (P200.00) but does not 
57 
exceed Six Thousand Pesos (P6,OOO.OO); 
12 


1 
(3) The penalty of prision mayor in its maximum period to reclusion temporal 
2 
in its minimum period, if the value involved is more than Six Thousand 
3 
Pesos (P6,OOO.OO) but is less than Twelve Thousand Pesos (P12,OOO.OO); 
4 
(4) The penalty of reclusion temporal in its medium and maximum periods if 
5 
the value involved is more than Twelve Thousand Pesos (P12,OOO.OO) but 
6 
is less than Twenty Two Thousand Pesos (P22,OOO.OO). 
If the amount 
7 
exceeds the latter, the penalty shall be reclusion temporal in its maximum 
8 
period to reclusion perpetua. 
9 
lOin all cases, persons guilty of selling or offering to sell confiscated goods shall 
II 
also suffer a fine equal to the total value of the goods confiscated and sold or 
12 
offered to be sold. 
13 
14 
The failure of any law enforcement officer or public market security guard who 
15 
confiscated goods from any vendor, ambulant or otherwise, to have duly account 
16 
any goods confiscated by him upon demand by any duly authorized officers, shall 
17 
be prima facie evidence that he has sold the unaccounted confiscated goods. 
18 
19 
20 
SEC. 63. Weights and Measures. - Any stall holder found violating the provisions 
21 
of existing laws regarding weights and measures shall, for the first offense, be 
22 
required to correct any deficiency in said weights or measures, severely warned 
23 
and/or reprimanded, and for the second offense, his/her stall lease shall be 
24 
subject to revocation. 
25 
26 
27 
SEC. 64. Dummies. - Any person who acts as dummy for another in connection 
28 
with the enjoyment of any privileges provided in this Code shall be subject to the 
29 
penalty provided in Section 62 hereof. 
30 
31 
32 
TITLE V. TRANSITORY AND FINAL PROVISIONS 
33 
34 
35 
SEC. 65. Existing Public Market Buildings and Support Facilities. - All public 
36 
market buildings and support facilities constructed under existing laws or existing 
37 
city or municipal building codes or ordinances, if legally done in accordance 
38 
therewith, shall be respected subject to such limitations established in this Code. 
39 
40 
41 
SEC. 66. Barangay Markets. - Barangays Governments are hereby authorized 
42 
to establish their own barangay markets subject to the same rules and policies 
43 
provided in this Code. 
44 
45 
46 
SEC. 67. 
Administrative Authority of the Secretary of Interior and Local 
47 
Govemment. -
The Secretary of Interior and Local Government is hereby 
48 
authorized to issue rules and regulations for the smooth and effective 
49 
implementation of this Code, provisions of existing laws to the contrary 
50 
notwithstanding. 
51 
52 
53 
SEC. 68. 
Separability Clause. -
If for any reason or reasons, any part or 
54 
provision of this Code shall be held to be unconstitutional or invalid, the other 
55 
parts or provisions hereof which are not affected thereby shall continue to be in 
56 
full force and effect. 
57 
13 


1 
2 
SEC. 69. 
Repealing Clause. -
Any laws, executive orders, regulations or 
3 
ordinances, or parts thereof inconsistent herewith are hereby repealed or 
4 
modified accordingly. 
5 
6 
7 
SEC. 70. Effectivity Clause. - This Code shall take effect fifteen (15) days after 
8 
its publication in the Official Gazelle or in two (2) newspapers of general 
9 
circulation. 
10 
1 1 
12 
13 
14 
15 
Approved, 
14