AN ACT AMENDING SECTION EIGHTEEN (cc) OP REPUBLIC ACT NUMBERED FOUR HUNDRED NINE

Case Overview and Summary

Summary of Republic Act No. 6039

Declaration of Policy
- All vendors must pay their prescribed market fees daily and cannot accumulate back rentals exceeding 15 days. Failure to pay after due notice will result in forfeiture of stall rights and closure of the stall by the market administrator. (Section 1, Paragraph I)

Rights of Market Vendors
- Any person occupying stalls in public markets, including privately-owned but city-operated markets, with or without a lease contract, shall be known as a market vendor. (Section 1, Paragraph II.1)
- The city shall execute lease contracts with all stallholders within a reasonable time, and if the city refuses, the matter shall be referred to the market committee for a final decision. (Section 1, Paragraph II.1)
- Effective upon the approval of this act, all market fees or rentals shall be based on the old rates existing as of July 11, 1968. For newly established or constructed markets, the municipal board shall fix the fees upon recommendation of the market committee. (Section 1, Paragraph II.2)
- All vendors' back rentals incurred from October 16, 1968, to the date of approval of this act shall be condoned. (Section 1, Paragraph II.3)
- Vendors whose stalls were declared vacant and closed for failure to pay rentals from October 16, 1968, to the time of approval of this act shall be restored to their stalls. (Section 1, Paragraph II.4)
- Vendors temporarily displaced due to construction of a new market shall be given first priority to occupy as many stalls as previously occupied by them, but not more than three stalls. (Section 1, Paragraph II.5)

Closure of Markets and Construction of New Markets
- In all new markets, the allocation of stalls, sectioning of markets, and kinds of commodities to be sold shall be left to the discretion of the market committee. (Section 1, Paragraph III.1)
- City-owned and operated public markets shall not be disposed of, closed, destroyed, sold, or transferred until all vendors have been relocated or transferred by the city government at its expense to another temporary or new public market. (Section 1, Paragraph III.2)
- Notice of the city's intention or plans for relocation shall be made to all concerned vendors at least 120 days before the actual transfer or relocation. (Section 1, Paragraph III.2)
- Temporarily relocated vendors shall be given preference and priority to occupy stalls in the new site. (Section 1, Paragraph III.2)
- Cargo vehicles bearing foodstuffs or other commodities ordered by or regularly supplied to market vendors shall be allowed to unload their goods for immediate delivery to the vendor's stalls but shall be prohibited from parking in the market area for the purpose of selling or disposing their goods. (Section 1, Paragraph III.3)

Market Committee
- Within 30 days from the date of approval of this act, a market committee shall be created by the city mayor, with the market administrator as chairman and representatives from the city treasurer, municipal board, Chamber of Filipino Retailers, Inc., and Manila Market Vendors Association Inc., as members. (Section 1, Paragraph IV)
- The market committee shall formulate, recommend, and adopt policies, rules, and regulations, subject to ratification by the municipal board and approval of the mayor, repealing or amending existing provisions of the market code, provided they are not inconsistent with this Act. (Section 1, Paragraph IV.1)
- Within one year from the date of approval of this Act, all new, modifying, and amendatory provisions, rules, and regulations shall be codified into a new market code. (Section 1, Paragraph IV.1)
- The market committee members shall receive per diems of 25 pesos per meeting or public hearing. (Section 1, Paragraph IV.2)
- The tenure of the market committee members shall not be more than two years. (Section 1, Paragraph IV.2)
- The market committee shall have a separate office with necessary personnel and funds included in the appropriations for the market administration and market committee. (Section 1, Paragraph IV.3)
- The market committee, with the assistance and recommendation of the city engineer, shall have the authority to decide on the building plans of all market construction projects and determine which market shall be given priority for remodeling, replacement, or reconstruction, subject to ratification by the municipal board and approval of the mayor. (Section 1, Paragraph IV.4)
- The market committee shall recommend the mode of disposition and disbursement of expenditures under the sinking fund. (Section 1, Paragraph IV.5)

Public Market Sinking Fund
- A sinking fund shall be created from 30% of the annual gross receipts from market fees, to be used for amortizing or financing the construction of new markets, remodeling or replacing old market buildings, purchasing privately-owned buildings utilized as public markets, and purchasing new market sites and constructing market buildings and facilities. (Section 1, Paragraph V)
- As long as self-liquidating old markets have not been replaced, reconstructed, or remodeled, the gross revenue from all market fee collections shall be apportioned as follows: 70% to the general fund of the city and 30% to the sinking fund. (Section 1, Paragraph V)

Miscellaneous Provisions
- The operator or agents of private properties being utilized as public markets may collect market rentals not higher than the amount being collected by the city government. (Section 1, Paragraph VI.1)
- Market collectors shall immediately issue corresponding receipts for payments made by every market vendor, dated on the same day of issue with the corresponding stall number written thereon. Failure to comply with this provision shall be liable for illegal exaction punishable under the Revised Penal Code. (Section 1, Paragraph VI.2)

Penalties and Repealing Clause
- Any provision of this Act declared invalid shall not affect the remaining provisions. (Section 2)
- Violation of this Act shall be punishable by a fine of not less than 200 pesos but not more than 2,000 pesos and by imprisonment for a period of not less than six months but not exceeding one year, at the discretion of the Court, plus disqualification to hold public office if committed by a public official or employee. (Section 3)
- All laws, rules, and regulations inconsistent with this Act are hereby repealed or modified accordingly. (Section 4)
- This Act shall take effect upon its approval. (Section 5)