EXCERPTS FROM THE MINUTES OF THE 116TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON OCTOBER 23, 2018.
Hon. Raul Roi B. Borejon Temporary Presiding Officer & Member;
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member, &
Hon. Eddie S. Perol Pres., LMB & Member.
N O N E
On Official Business:
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. John Gio Ong-Bongao Acting City Vice Mayor,
Assistant Floor Leader & Member.
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.
Acting City Mayor:
Hon. Luis Renir B. Burce President Pro-Tempore & Member.
Author: HON. RAUL ROI B. BOREJON
City Ordinance No. 021- 2018
AN ORDNANCE CREATING THE CITY VETERINARY SERVICES OFFICE (CVSO) OF THE CITY GOVERNMENT OF TABACO, ALBAY.
WHEREAS, Sec. 15 under declaration of principles 1987 Philippine Constitution states that right to health of “the state shall protect and provide the right health of the people and instill health consciousness among them”;
WHEREAS, the provision of Republic Act No. 7160 (Local Government Code of 1991) more particularly section 458 (a) (1) (viii), provides that the “Sangguniang Panlungsod has the power to create offices and determine the power and duties of officials, their positions and salaries, wages, allowances, and other emoluments and benefits of the officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects, services and activities of the city government”;
WHEREAS, Section 17 (a) of Republic Act No. 7160 of the same code states that “Local Government Units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They also discharge the functions and responsibilities as are necessary, appropriate or incidental to efficient and effective provisions of basic services”;
WHEREAS, the Rules and Regulations implementing the Local Government Code of 1991 (IRR) and Section 10 of Republic Act No. 9020 (City Charter of Tabaco ) provides for the appointment of the City Veterinarian;
WHEREAS, Section 39 of the same law mandated the creation of the position of a City Veterinarian who shall take charge of the City Veterinary Services Office;
WHEREAS, pursuant to Sec. 9, Rule 9.5 of the Rules and Regulations implementing Republic Act No. 9296, otherwise known as the Meat Inspection Code of the Philippines, the City Veterinarian shall head the City Meat Inspection Service (CMIS) and shall exercise direct supervision over meat inspection personnel;
WHEREAS, Republic Act No. 8485 (otherwise known as the “Animal Welfare Act of 1989”) mandates the protection and promotion of the welfare of all animals in the Philippines by supervising and regulating the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either as objects of trade or as household pets;
NOW THEREFORE, on motion of Hon. Borejon, duly seconded and approved by the body
BE IT ORDAINED, by the Sangguniang Panlungsod of the City of Tabaco in regular session assembled THAT:
SECTION 1. TITLE. – This ordinance shall be known as the “ORDINANCE CREATING THE CITY VETERINARY SERVICES OFFICE (CVSO) OF THE CITY GOVERNMENT OF TABACO, ALBAY”.
SECTION 2. BASIS OF THIS ORDINANCE. – Pursuant to Executive Order 137 entitled “PROVIDING FOR THE IMPLEMENTING RULES AND REGULATIONS GOVERNING THE DEVOLUTION OF CERTAIN POWERS AND FUNCTIONS OF NMIC TO THE LOCAL GOVERNMENT UNITS PURSUANT TO REPUBLIC ACT 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991”; Section 3 of Republic Act 8485 (otherwise known as the “Animal Welfare Act of 1989”) and Republic Act No. 9020 which converted the Municipality of Tabaco into a component City of the Province of Albay and also pursuant to the mandate of Administrative Order No. 28, Series of 2005 of the Department of Agriculture, implementing Republic Act No. 9296 The “Meat Inspection Code of the Philippines”, Republic Act No. 10631 and Republic Act No. 9482.
SECTION 3. PURPOSE. – To strengthen the provision of basic services and facilities to be undertaken by the city for promulgating specific policies and procedures governing the flow of poultry, livestock and poultry and livestock products through various stages of marketing and the proper preservation and inspection of such products.
SECTION 4. DEFINITION OF TERMS. – The terms for the purpose of this ordinance shall mean:
- Abattoir or Slaughterhouse – premises that are approved and registered by the controlling authority in which food animals are slaughtered and dressed for human consumption.
- Animal – any member of the kingdom Animalia, other than Homo sapiens; is defined as one or more of the following, but not limited to: domestic animal, fowl, livestock, poultry, and swine commonly consumed by people of this city.
- Animal Welfare – pertains to the physical and psychological well-being of animals. It includes, but not limited to, the avoidance of abuse, maltreatment, cruelty and exploitation of animals by humans by maintaining appropriate standards of accommodation, feeding and general care, the prevention and treatment of decease and the assurance of freedom from fear, distress, harassment, and unnecessary discomfort and pain, and allowing animals to express normal behavior.
- Ante Mortem Inspection – refers to examination of livestock/ poultry before it are slaughtered/ dressed.
- Board – refers to the City Veterinary Inspection Board.
- City – refers to the City Government of Tabaco.
- CVSO – refers to the City Veterinary Services Office.
- Food Producing Animal – refers to all domesticated animals slaughtered for human consumption but not limited to cattle, carabaos, horses, deer, ostrich, poultry, and hogs.
- Food Animal Establishment – any facility or business that has custody or control of food animals.
- M.D. – refers to Foot and Mouth Disease.
- Hot Meat – refers to carcasses or meat of livestock/ poultry slaughtered/ dressed in an authorized or private backyard slaughterhouse or in any place other than the Tabaco City Abattoir and slaughterhouses accredited by the National Meat Inspection Service (NMIS).
- Livestock – refers to domestic animals raised for meat and offered for sale to the public.
- Meat Establishment – premises such as slaughterhouse, poultry dressing plants, meat processing plants, cold storage, warehouse, and other meat storage outlets that are approved by the National Meat Inspection Service (NMIS) in which food animals or meat products are slaughtered prepared, processed , handled, packed, and stored.
- Meat Handler – shall mean a person directly involved in the preparation, transport and sale of meat and meat products.
- Meat Handler’s License – refers to the licensing of meat and aquatic resources vendors, meat dealers and meat and stall, shops and talipapa owners and operators which shall be exercised within the city jurisdiction.
- Meat Hygiene – all conditions and measures necessary to ensure the safety and suitability of meat and meat products at all stages of the food chain.
- Meat Inspection – refers to:
- An act by an official inspector to ensure compliance with the rules and regulations including but not limited to humane handling of slaughter animals ante and post mortem inspection, quality assurance program, hygiene and sanitation program, good manufacturing program, sanitation standard operating procedures,, hazard analysis critical control point program, residue control program on any meat and meat product, meat establishment facilities, transport vehicles and conveyance.;
- The examination of food, food production facilities establishments, and the management and production systems of food businesses, including examination of documents, finished product testing and registration, and of the origin and destination production inputs and outputs to verify compliance with legal requirements by an agency mandated to perform food safety regulatory and/or enforcement functions.
- Meat Product – any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any food animals excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat industry, and which are exempted from definition as meat product by the Secretary under conditions as he may prescribed to assure that the meat or other portions of such carcasses contained in products are not represented as meat.
- NMIS – National Meat Inspection Service.
- Owner – any person or persons, firm, association, partnership or corporation, owning, keeping or harboring any animal or animals.
- Poultry – refers to domestic fowls raised for meat and/or eggs and offered for sale to the public.
- Post Mortem Inspection – refers to examination of slaughtered/ dressed livestock/ poultry.
- Unauthorized Slaughterhouse – refers to any building/ place used for slaughtering of livestock and/or poultry without proper permit, license and/or clearance from the concerned national and/or local government agencies.
- Veterinarian – a doctor of veterinary medicine who holds a valid license to practice veterinary medicine in the Philippines.
- Zoonotic Diseases – animal disease that may be acquired by any person.
SECTION 5. The City Veterinary Services Office (CVSO). – There is hereby created under this ordinance the City Veterinary Services Office, the primary functions of which are those stated in Section 6 of this ordinance.
5.1 This office shall constitute a new department in the administrative structure of the city government of Tabaco headed by the City Veterinarian. The department will be composed of two (2) line divisions, namely: a) Production and Training Division and b) Regulatory/ Monitoring Division. The functions of the divisions are as follows:
5.1.1 Production and Training Division: This division shall:
- Provide training and other skill development activities on livestock production, deworming, vaccination of animals;
- Enhance the IEC Program of the National and Local Veterinary activities;
- Implement protection, rehabilitation and development of animal productivity;
- Exercise such other powers and perform other duties and functions as may be prescribed by laws and ordinances.
5.1.2 Regulatory/ Monitoring Division: This division shall:
- Develop plans, programs and projects on Veterinary activities;
- Monitor the Ante and Post Mortem inspection at Tabaco City Abattoir, movement of meat and meat products;
- FMD monitoring and surveillance, rabies, dog pound, hog cholera and other animal diseases;
- Shall have all the records of all veterinary activities and reported incidents of animal diseases;
- Regulate the projects and programs of the Tabaco City government regarding the veterinary activities;
- Regulate the preparation and sale of meat for human consumption based on national policies, guidelines and standard within their territorial jurisdiction;
- Inspect and examine all livestock and fowls slaughtered for food and their meat products;
- Conduct meat inspection in all classes of slaughterhouse;
- Certify the fitness for human consumption of meat and meat products intended for distribution within the locality;
- Licensing and registration of butchers;
- Accreditation of livestock farm and establishment;
- Exercise such other powers and perform such other activities and functions that may be prescribed by laws and ordinances.
SECTION 6. FUNCTIONS OF CITY VETERINARY SERVICES OFFICE (CVSO). – The City veterinary Services Office shall have the following functions:
- Conduct quarantine operations, seminars, inspection, monitoring, surveillance of meat and meat establishments, access to pertinent records and confiscation, hold order or condemnation of meat and meat items, locally sourced and imported. These include meat and meat products from food animals locally slaughtered in unaccredited and/or accredited facilities, sourced from banned countries, smuggled, undocumented, whether fit or unfit for human consumption, that may pose imminent danger to public health and may carry animal diseases detrimental to the populace and our animal population itself, to any person, firm or corporation engaged in the business of storing, trading, selling, transporting, processing and preparing meat items referred above.
- Conduct monitoring and inspection of food establishment relatively using meat and meat-product as raw materials to food, to ensure that food and food-product satisfies the requirements of food laws and that the control are in place to prevent, eliminate, or reduce risk(s) to consumers.
- Conduct Animal Immunizations, Animal Impounding Operations, and Nuisance Animal Confiscations on Public and Privately Owned place, Promotion and Implementation of Animal Welfare and Protection in accordance existing National Laws and Local Regulations.
- Responsible for all veterinary activities, such as in the outbreak of highly contagious and deadly diseases and in situation resulting in the depletion of animals for work and human consumption particularly those arising from and in the aftermath of man-made and natural disasters and calamities;
- Shall monitor, conduct field inspection and may require those involved in slaughterhouse operation to submit periodic and special reports to the City Mayor, Tabaco City Veterinary Inspection Board and to the National Meat Inspection Service (NMIS).
- Coordinate and recommend to the City Mayor and to the Sanggunian as the case maybe on all other matters for the improvement of the quality of livestock, poultry, and other domestic animals used for work or human consumption.
- Exercise such other powers and perform such other duties and functions as maybe prescribed by law or ordinances.
SECTION 7. The Organizational Structure of the City Veterinary Services Office (CVSO). – The City Veterinary Services Office shall be headed by the City Government Department Head/City Veterinarian SG-25, who must be must be a citizen of the Philippines, a resident of Tabaco City, of good moral character, a licensed doctor of veterinary medicine. He must have practiced his profession for at least three (3) years.
The following positions in the CVSO are also hereby created:
- Veterinarian III, SG 19
- Veterinarian I, SG 13
- Meat Inspector II, SG-8
- Livestock Inspector I, SG-6
- Animal Keeper I, SG 4
- Administrative Aide IV (Driver II), SG 4
- Administrative Aide II (Utility Worker II), SG3
The existing position of Slaughterhouse Master I (SG10) under the Economic Enterprise management Unit (EEMU) is hereby transferred to the City Veterinary Services Office (CVSO).
SECTION 8. POWERS AND FUNCTIONS OF THE CITY VETERINARIAN. – The City Veterinarian shall:
- Take charge of the City Veterinary Services Office and ensure that it performs all of its functions as mentioned in this Ordinance;
- Formulate legislative measures for the consideration of the Sangguniang Panlungsod and provide technical assistance and support to the City Mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities;
- Develop plans and strategies and, upon approval, thereof by the City Mayor, implement the same, particularly those which have to do with veterinary-related activities which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
- Advise the City Mayor on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouse;
- Regulate the keeping of domestic animals; regulate and inspect poultry, milk and dairy products for public consumption;
- Enforce all laws and ordinances for the prevention of cruelty to animals;
- Coordinate with the City Health Office regarding the treatment of animal bites at the City Animal Bite Treatment Center (if any);
- Be in the frontline of effort to control the outbreak of highly contagious and dearly diseases among animals and the spread of animal borne diseases that can be passed on to humans including, but not limited to, the imposition of quarantine procedures in coordination with the City Health Officer;
- Be in the frontline of efforts to control situations resulting in the depletion of animals for work and for human consumption particularly those arising from and in the aftermath of man-made and natural disasters or calamities including but not limited to the imposition of quarantine procedures in coordination with the City Health Officer;
- Train city and barangay officials on how to properly catch and transport stray animals to the Tabaco City Pound; and
- Perform such other duties and functions an d exercise such other powers as provided for under the Local Government Code of 1991 and those prescribed by law or ordinance.
SECTION 9. CITY VETERINARY INSPECTION BOARD. – There is hereby established the City Veterinary Inspection Board which shall be the policy making body on veterinary matters directly related to the City Veterinary Services Office (CVSO) and shall be headed by the chairperson or any Sanggunian Member of the Committee on Agriculture with regular members coming from the Sanggunian Panlungsod Committee on Market, City Health Office, the City Veterinarian, a Representative from the National Meat Inspection Service (NMIS), Philippine National Police (PNP), a Representative from the Tabaco City Market Office and representative from civil society organizations. From time to time the Chair can invite other parties as deemed appropriate or when demand arises. The said Board shall only serve as a policy making body and provide advise to the City Veterinary Services Office.
SECTION 10. BUDGETARY AND FINANCE REQUIREMENT. – All salaries and wages of the items created under this ordinance as well as its maintenance and operations and other costs for the fiscal year beginning 2019 shall be determined by a special committee designated by the Chief Executive for the purpose. During the succeeding years, this office shall henceforth be included as a department in the government structure and receive its corresponding share in the budget process yearly.
SECTION 11. RE-ALIGNMENT OF EXISTING PERSONNEL. – In order to maximize the duties and functions of the newly created items in this ordinance it is desirable to re-align personnel presently working under the different Departments of the city to this new created office especially those primarily responsible for veterinary functions. The salary grade and wages, however of said personnel shall not be disturbed nor diminished by this re-alignment including their possible salary upgrading to the positions they may occupy in the new office. The re-alignment mentioned herein above shall be effected only after a resolution to this effect has been adopted by the Sangguniang Panlungsod of the City Executive has been issued and made effective.
SECTION 12. INTERIM OPERATIONS. – Considering that the City Veterinary Services Office (CVSO) shall operate on its regular budget at the start of FISCAL YEAR 2019, an interim office shall start to function to be assumed by temporarily designated personnel to be determined by the City Mayor. Upon formal assumption of the personnel appointed to the CVSO, the interim appointees shall relinquish their task in favor of the regular CVSO. Appointment to the newly created items, for purposes of expediency and economy may be drawn from existing city personnel of any department or section, who may be upgraded upon recommendation of the Personnel Selection Board (PSB) and approval by the City Mayor.
SECTION 13. SEPARABILITY CLAUSE. – Any provision or portion of this ordinance found to be in violation of the Constitution or declared to be invalid shall not impair other provisions or part thereof which shall continue to be in force and in effect.
SECTION 14. REPEALING CLAUSE. – Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed or modified accordingly.
SECTION 15. EFFECTIVITY. – This ordinance shall take effect immediately upon its approval.
APPROVED, this 23rd day of October 2018.
We hereby certify to the correctness of the foregoing Ordinance.
RAUL ROI B. BOREJON HECTOR D. RODRIGUEZ
Author Temporary Chairman to the Session
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
LUIS RENIR B. BURCE
Acting City Mayor