Consolidated Ordinances 9-15

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A) LAND AND SEA TRAFFIC ORDINANCES

1) LAND TRAFFIC
a) MUNICIPAL ORDINANCE NO. 152, S. 2002; “AN ORDINANCE REGULATING OPERATION OF

TRICYCLES FOR HIRE SERVICING CATICLAN AIRPORT – JETTY/TABON PORTS ROUTES AND
PRESCRIBING PENALTIES FOR VIOLATION THEREOF.
(SPONSORS: HON. ABCEDES S. DELA TORRE & HON. LENY S. SACAPAÑO)
SECTION 1. – PROHIBITED ACTS. Tricycles for hire rendering service at Caticlan Airport-
Jetty/Tabon Ports routes shall be prohibited to load more than four (4) passengers per trip. Loading of
passengers and luggages on the tricycles top load are likewise strictly prohibited.
SECTION 2. – GUIDELINES ON TRICYCLE DRIVER’S DEPORTMENT. All tricycle drivers operating at

Caticlan Airport-Jetty/Tabon Ports routes, shall observe the following guidelines on deportment:
(a) All tricycle drivers shall display their identification card issued by the local government at all times
while conducting their trade.
(b) Proper grooming is a must for all drivers of tricycles for hire. Proper grooming means neatness,
cleanliness and wearing of presentable attire or wearing of prescribed uniform.
(c) Driving while under the influence of liquor/drugs is strictly prohibited.
(d) It is required of all drivers that utmost courtesy, politeness and hospitality must be observed while
conducting their trade.
(e) Promotion of prostitution and prohibited drugs by tricycle drivers is strictly prohibited.
(f) It is prohibited for all drivers to provide wrong information tending to mislead tourists of facts
prejudicial to the latter or to any third party.
(g) It shall be prohibited of all drivers or dispatchers to charge passengers beyond the approved fare
rates and solicit commission or money from any tour services provided by resort servicing their
guests.
(h) Display of tariff rates is a must.
SECTION 3. – TARIFF RATES OR FARE RATES:
1) INDIVIDUAL FARE:
Airport – Jetty Port . . . . . . . . . . . . . . . . . . ₱ 10.00

Airport – Tabon Port . . . . . . . . . . . . . . . . . 15.00
2) CHARTER RATES:
Airport – Jetty Port . . . . . . . . . . . . . . . . . . ₱ 30.00 per trip
Airport – Tabon Port . . . . . . . . . . . . . . . . . 50.00 per trip
SECTION 4. – PENALTIES. The following penalties shall be imposed for violation of any provisions of
this ordinance:
FIRST OFFENSE - Confiscation of ID and a fine of TWO HUNDRED PESOS (₱200.00).
SECOND OFFENSE - Confiscation of ID and a fine of FIVE HUNDRED PESOS (₱500.00).
THIRD OFFENSE- Cancellation of ID and a fine of ONE THOUSAND PESOS (₱1,000.00) and imprisonment of
not more than ten (10) days or both upon the discretion of the court.
IDs confiscated shall be returned after payment of penalties.
SECTION 5. – REPEALING CLAUSE. All ordinances, rules and regulations, or parts thereof, whose
provisions are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed,
amended, or modified accordingly.
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SECTION 6. – EFFECTIVITY. This ordinance shall take effect upon its approval.
ENACTED. MARCH 6, 2002.
APPROVED. APRIL 3, 2002.
(APPROVED. SP RESOLUTION NO. 03-193, dtd. 6-6-03)
a.1 MUNICIPAL ORDINANCE NO. 176, s. 2002; “AN ORDINANCE AMENDING SECTIONS 1
AND 3 OF MUNICIPAL ORDINANCE NO. 152, SERIES OF 2002 REGULATING OPERATION
OF TRICYCLES FOR HIRE SERVICING CATICLAN AIRPORT–JETTY/TABON PORTS ROUTES.
SECTION 1. AMENDMENT PROHIBITED ACTS. Section 1 of Municipal Ordinance No. 152 is hereby
amended to read as follows:
“Tricycles for hire rendering service at Caticlan Airport-Jetty/Tabon Ports routes

shall be prohibited to load more than four (4) passengers per trip. Loading of
passengers and luggages on the tricycle’s top load is likewise strictly prohibited.”
SECTION 2. – AMENDMENT. Tariff Rates or Fare Rates. Section 3 of Municipal Ordinance No. 152 is
hereby amended to read as follows:
a) Airport–Jetty Port and vice versa . . . . . . . . . . . ₱ 30.00/trip
b) Airport–Tabon Port and vice versa . . . . . . . . . 50.00/trip
These rates shall be charged regardless of the number of passengers provided such shall not
exceed four (4).”
SECTION 3. – EFFECTIVITY. This Ordinance shall take effect upon approval.
ENACTED. SEPTEMBER 11, 2002.
APPROVED. OCTOBER 16, 2002.
b) MUNICIPAL ORDINANCE NO. 342, S. 2015; AN ORDINANCE ENACTING THE TRANSPORTATION

CODE OF THE MUNICIPALITY OF MALAY, AKLAN.
ENACTED. MARCH 5, 2013 APPROVED: JANUARY 20, 2015
APPROVED. SP RESOLUTION NO. 084, S. 2015, dtd. 3-11-15
(SEPARATE COPY)
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2) SEA TRAFFIC
a) MUNICIPAL ORDINANCE NO. 97-110, “AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO.
54, S. 1992 BY REGULATING THE OPERATION OF MOTORBOATS AND OTHER WATERCRAFT IN
THE LONG BEACH/SHORELINE OF BORACAY ISLAND, MALAY, AKLAN.”
WHEREAS, to ensure safety, convenience and satisfactory use of our visitors and tourists of the
shoreline and immediate water of our attractive island;
WHEREAS, to preserve approximately 4.5 kilometers of long beach and each immediate water
measured 50 meters from the low mean water, mark, designated for swimming, wading, promenading,
sun bathing, photographing, strolling and other legitimate purposes which are the usual activities of our
visitors in Boracay; and
WHEREAS, to avoid conflicts and risks of life and property, inconvenience on all commuters,
visitors and tourist alike as a result of restricting various activities like docking anywhere in the long
beach;
SECTION 1. – COVERAGE. All owner and operators of motorboats, sailboats, paddle boats and
other water crafts are hereby ordained to follow the herein rules and regulations for anchoring, docking,
loading and unloading, entry and exit and other related activities in the long beach areas of Boracay
Island.
SECTION 2. – RULES AND REGULATIONS.
A. ANCHORING SETBACKS AND SCHEDULES.
1) Anchoring of all types of water crafts and seaplanes shall not be allowed in the long beach areas
from Boracay Terraces Point to Lorenzo South Angol Point, however docking to load and unload
passengers and other cargoes are allowed only in designated areas.
2) Anchoring in the long beach areas shall now be allowed in three (3) boat stations, I, II & III,
provided that they drop their anchor offshore 50 meters from the lowest tide inside the two (2)
bright orange marker buoy. Parking area for motorboats is 150 meters on both sides of these
boat stations from 8:00 a.m. to 6:00 p.m. After 6:00 p.m. the owner/operator of these boat may
move his boat near his place for safety and convenience at night. It shall be 50 meters offshore.
3) Another boat station shall be opened in Angol and the Pinaungon area as soon as an access road
is opened here and this will be for loading and unloading only. No parking on either side will be
allowed.
4) Rented sailboats shall also park in the designated area for parking or motorboats, while service
paddleboats shall standby onshore nearby. Sailboats shall lower their sail while parking.
5) Designated area for docking of bigger vessels like yatch, barges and the like shall be in Cagban
or Puntabunga and Sambiray – 200 meters offshore.
B. DRY DOCKING. Dry docking of all boats for construction, repair and for other purposes shall not be
allowed in the long beach areas from point to point of Boracay Terraces and Lorenzo South Angol
Point. These beach areas reserved only for strollers and sunbathers and other kind of beach
activities for the guest, tourist and the residence of Boracay Island. However, repairs of not more
than seven (7) days are allowed within the vegetation line after securing permit from the barangay.
C. ENTRY AND EXIT, LOADING AND UNLOADING.
1) Entry to and Exit from, the Long Beach area, as well as unloading of passengers from all public
commercial passengers boats (on schedule) shall be conducted in designated areas fronting the
boat stations.
2) All beach areas 100 meters fronting the boat stations shall be open for both public and private
motorized boat to load and unload their passengers and cargoes and this will be in between the
orange with yellow stripe marker buoy, 150 meters on both sides of all boat stations shall be
reserved for parking areas of all private boats, dive shop boats, boats for hire and other
seawater crafts shall be reserved for parking area 50 meters offshore from the main water mark
of the lowest tide.
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3) Construction materials and cargoes such as: gravel and sand, cement and hollow blocks, shall
be allowed in the long beach areas at all times, provided that;
a) Haulers/boat owners shall use plastic canvass lining with a minimum width of two (2)
meters to cover the beach and will reach from the boat up to the vegetation area.
b) In order to avoid any spillage of gravel and sand, it shall be placed in double sacks and be
tied shut and only undamaged sacks will be used.
c) Hollow blocks and cement shall be placed inside a container or bag preferable made out of
plastic canvass and light materials.
d) Haulers/boat owners is not allowed to wash sacks and boats in the waters of the white
beach.
e) Unloading is allowed only from 5:00 a.m. to 8:00 a.m. and 6:00 p.m. to 8:00 p.m. This
include other materials not mentioned above.
4) Bottled drinks of more than 50 cases and block ice in sack with rice husk shall not be allowed in
the beach areas at all times. Other beaches such as Cagban, Manocmanoc, Tambisaan, Nagutan,
Ilig-iligan, Lapus-lapus, Puntabunga, and Yapak is designated as an alternative unloading area
provided that they will put a beach ling made of plastic canvass or other materials to avoid
scattering in the beach.
5) No cargoes/materials is allowed to be stock piled on the beach and within ten (10) meters from
vegetation line inward in the long beach area from point to point of Boracay Terraces and
Lorenzo South Angol Point.
D. SERVICE FOR BOATMEN. There shall be allowed paddle boats, if necessary to service the transfer of
boatmen from the beach to their boats anchored 50 meters from the shoreline and vice versa.
E. USE OF BUOYS. Buoys shall be place 50 meters from the shoreline, as markers enclosing the areas
reserve for loading, unloading and parking, as well as guides for entry and exit, of all boats in the
long beach area.
F. ENFORCEMENT AGENTS.
1) The Malay PNP in coordination with the Philippine Coast Guard, the Maritime Police, Barangay
Officials, Barangay Tanods and other Government Agencies under the over all supervision of
the Local Chief Executive and the Sangguniang Bayan members will enforce this Ordinance.
2) Boat owners/operators must secure Mayor’s Permit and after paying of which, numbers shall
be assigned to be painted in BOLD SIZE in the motorboats and watercrafts body.
SECTION 3. – EXEMPTIONS. This Ordinance shall not be applied in cases of emergency where
imminent danger to lives and property are at stake.
SECTION 4. – PENALTIES FOR VIOLATION.
1) Violation of this Ordinance is punishable by a fine of FIVE HUNDRED PESOS (₱500.00) on first
offense, ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00) on second offense, TWO THOUSAND
FIVE HUNDREDPESOS (₱2,500.00) on third offense, plus the revocation of his Mayor’s Permit to
operate.
2) Any boatman/owners whose boat shall cause the loss or destruction of any buoy or parts thereof
shall be imposed the penalty of paying a fine equivalent to the cost of the buoy including installation
cost.
SECTION 5. – EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after approval of this
Body, proper publication and public hearing.
NOTE:
1) Public Hearing was conducted October 22, 1997 at the Government Center in Balabag.
2) Implementing guidelines will follow this Ordinance.
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ENACTED. OCTOBER 9, 1997.
APPROVED AND ADOPTED. OCTOBER 23, 1997.
b) MUNICIPAL ORDINANCE NO. 99-123; “AN ORDINANCE REGULATING THE OPERATION OF

MOTORBOATS ENGAGING IN BUSINESS SERVICING ISLAND HOPPING AND OTHER WATER SPORTS
ACTIVITIES, AND PRESCRIBING PENALTIES IN VIOLATION THEREOF.”
(SPONSOR: HON. FROLIBAR S. BAUTISTA)
Be it ordained by the Sangguniang Bayan of Malay, Aklan, assembled that,
SECTION 1. – ORDAINING CLAUSE. No motorboat owners/operators, crews is allowed to engage in

this kind of business activity without first securing Municipal License or Mayors Permit in this
Municipality.
SECTION 2. – DEFINITION OF TERMS.
“ISLAND HOPPING” – an activities wherein tourist (local or foreigner) uses the services of motorboats for a
fee to tour around the Island of Boracay or to visit other beaches and coves.
“OTHER WATER SPORTS ACTIVITIES” – motorboats hired by tourist (local or foreigner) and Scuba Dive Shop
owners for fishing, snorkeling and scuba diving purposes.
SECTION 3. – REQUIREMENTS BEFORE ISSUANCE OF MUNICIPAL LICENSE OR MAYOR’S PERMIT:
(a) FOR CREWS:
(1) Barangay Clearance and Certification of Good Moral Character.

(2) Certificate of Good Health by the Municipal Health Officer.
(3) Certificate that the applicant had undergone Training on First Aide and Rescue Operation.
(b) FOR MOTORBOATS:
(1) Receipts of Premium payment for Accidental Insurance.

(2) Endorsement from Boracay Island Hopping Association (BIHA).
SECTION 4. – GUIDELINES FOR OPERATION.
A. SNORKELING AREA:
(1) Five (5) mooring buoy shall be installed within the identified snorkeling areas by BIHA
members in coordination with LGU and Philippine Coast Guard. (See Annex A).
(2) Motorboats shall be tied in the mooring buoy to avoid throwing of anchors.
(3) Catching of fish, collection of shells and other marine products is strictly prohibited.
B. PARKING AREA/LOADING AND UNLOADING.
(1) The following are designated area for parking/loading and unloading of passengers:
Fronting - 1) Club Panoly

2) Pearl of the Pacific
3) Bans Beach Resort
4) Red Coconut Resort
5) Regency Hotel
6) Delos Santos Place
7) 357 Resort
8) Fridays Resort
(2) Passengers must be ready before docking of motorboats for departure.
(3) Motorboat must setback after unloading as per Municipal Ordinance 97-110.
(4) Entry and Exit of motorboats is allowed only in designated loading and unloading area.
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SECTION 5. – ID’s shall be issued by the Mayor’s Office to crews and must be displayed during
operation.
SECTION 6. – Other business like serving foods, drinks, liquors and beverages is strictly
prohibited.
SECTION 7. – Trashcans is required, and shall be installed during operation.
SECTION 8. – REPEALING CLAUSE. Any ordinance inconsistent herewith is hereby repealed or

modified.
SECTION 9. – PENAL CLAUSE. Any violation of any provision of this Ordinance shall be fined FIVE
HUNDRED PESOS (₱500.00) in first offense, ONE THOUSAND PESOS (₱1,000.00) in second offense and
ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00)in third offense and revocation of Mayor’s Permit
and or imprisonment of not more than two (2) months or both at the discretion of the court.
SECTION 10. – EFFECTIVITY. This ordinance shall take effect upon approval and proper
publication.
ENACTED. NOVEMBER 11, 1999.
APPROVED. NOVEMBER 25, 1999.
(APPROVED. SP RESOLUTION NO. 2000-24-A, dtd. 1-10-00)
c) MUNICIPAL ORDINANCE NO. 2001-135; “AN ORDINANCE REGULATING THE OPERATION OF

MOTORBOATS ALONG THE SHORELINE OF CATICLAN, MALAY, AKLAN.
(SPONSOR: HON. ABCEDES S. DELA TORRE)
SECTION 1. – DECLARATION OF POLICY. It is hereby declared a Policy of the Municipality of Malay

to ensure an orderly and smooth operation of motorboats at Jetty Port Area in Caticlan, Malay, Aklan in
order to provide safety and convenience to visitors, tourists and other commuters.
(a) Motorboat owners/operators/boatmen are required to setback their unit while on standby FIFTY
(50) meters from the shoreline of Caticlan, Malay, Aklan.
(b) A space of THREE HUNDRED (300) meters from the edge of Terminal Building Eastward shall be
reserve for loading and unloading of passengers both private and public boats until such time that a
permanent designated area is completed.
Another THREE HUNDRED (300) meters from the edge of Terminal Building Westward shall
be reserve for loading and unloading of passengers.
(c) All motorboats from Boracay Island shall unload their passengers on the designated area for the
purpose and after unloading they will setback their unit as prescribed for in Section (a) of this
Ordinance.
SECTION 3. – The Malay PNP in close coordination with the Philippine Coast Guard, the Maritime
Police, Barangay Officials, Barangay Tanods and other Government Agencies under the over-all
supervision of the Local Chief Executive will enforce this Ordinance.
SECTION 4. – EXEMPTIONS. This Ordinance shall not be applied in cases of emergency where
imminent danger to lives and property are at stake.
SECTION 5. – Violation of this Ordinance is punishable by a fine of FIVE HUNDRED PESOS

(₱500.00) on first offense, ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00) on second offense, TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00) on third offense, plus the revocation of his Mayor’s
Permit to operate.
SECTION 6. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after its approval and
proper publication.
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ENACTED. FEBRUARY 8, 2001.
APPROVED. MARCH 15, 2001.
(APPROVED SP IN RESOLUTION NO. 01-137, dtd. 6-11-01)
d) MUNICIPAL ORDINANCE NO. 157, S. 2002; “AN ORDINANCE REGULATING

THE OPERATION OF
MOTORBOATS AND OTHER SEACRAFT IN BORACAY, DESIGNATING MOORING AREAS FOR SUCH
AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
SECTION 1. – MOORING AREAS. Areas between Cagban and Lorenzo South; Din-iwid and Fridays
are designated as mooring areas for all motorboats and seacrafts not beyond eighteen (18) gross tons.
Seacrafts beyond twenty five (25) gross tons shall moor at Sambiray Port or Caticlan or Five Hundred
(500) meters off-shore Angol Point.
SECTION 2. – EMBARKING AND DISEMBARKING. Embarking and disembarking of passengers by all

sea transport services, including those for sea sports activities, boating and snorkeling shall only be done
at any of the existing boat stations.
SECTION 3. – SEA LANES. RESTRICTIONS. Seacrafts are prohibited to moor within the designated
sea lanes between Caticlan and Boracay route.
SECTION 4. – PROVISION OF FACILITIES. Except for Caticlan and Sambiray, the Local Government of
Malay shall construct a watch tower along the beach adjacent to these mooring areas; provide and install
buoys enclosing such; provided communication facilities and service paddle boats; and establish police
outpost in each of these identified mooring areas.
SECTION 5. – TOWING AND IMPOUNDMENT. Motorboats apprehended, towed and impounded in

accordance with the provisions of this ordinance shall be charged FIVE HUNDRED PESOS (₱500.00)
towing fee and TWO HUNDRED PESOS (₱200.00) per day impounding fee which must be paid before
such vessel shall be released to the owner or his representative. Upon apprehension, the boat owner
shall sign a waiver relieving the LGU – Malay or its impounding agency of any liability from losses,
damages or wreckages of said impounded seacraft.
SECTION 6. – RESTRICTIONS. Caticlan-Boracay Transport and Multi-Purpose Cooperative

(CBTMPC) Scheduled Boats. CBTMPC scheduled motorboats shall only be permitted to park not more
than five (5) motorboats at Station I, not more than three (3) motorboats at Station 2 and Station 3,
respectively, at a time: Provided, that only two boats at a time shall be allowed to park directly at the
beach and the rest shall observe the One Hundred (100) meter setback requirement.
SECTION 7. – PENALTIES. Operators/owners and boatmen of motorboats and other seacrafts who
violate any provision of this ordinance except Section 3, shall suffer the following penalties.
A) Frequency of Commission OPERATOR/OWNER BOATMEN
FIRST OFFENSE Stern Warning: FIVE Stern Warning: FIVE

HUNDRED PESOS HUNDRED PESOS
(₱500.00) (₱500.00)
SECOND OFFENSE Cancellation of Mayor’s Cancellation of Mayor’s

Permit to operate; TWO Permit; FIVE HUNDRED
THOUSAND FIVE PESOS (₱500.00) per boatman,
HUNDRED PESOS five (5) days community
(₱2,500.00). Impoundment service (beach cleaning).
of the motorboat for three
(3) days.
B) Violators of Section 3 of this ordinance shall suffer a penalty of TWO THOUSAND FIVE HUNDRED
PESOS (₱2,500.00).
SECTION 8. – AMENDING CLAUSE. Provisions of Ordinance No. 54, S. 1992 as amended by

Ordinance No. 110, S. 1997 or any ordinance prior to this promulgation which are inconsistent with any
of the provisions of this ordinance shall be deemed amended by this promulgation.
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SECTION 9. – EFFECTIVITY. This ordinance shall take effect immediately upon approval.
ENACTED. APRIL 3, 2002.
(APPROVED. SP RESOLUTION NO. 02-255)
d.1MUNICIPAL ORDINANCE NO. 194, s. 2003; “AN ORDINANCE AMENDING SECTION 1 OF

MUNICIPAL ORDINANCE NO. 157 SERIES OF 2002, AN ORDINANCE REGULATING THE
OPERATION OF MOTORBOATS AND OTHER SEACRAFTS IN BORACAY, DESIGNATING
MOORING AREAS FOR SUCH AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
SECTION 1. – AMENDMENTS. Section 1 of Municipal Ordinance No. 157, series of 2002 is hereby
“MOORING AREAS. Areas between Cagban and Angol Point; between Lorenzo South and Allyssa Resort;
between Din-iwid and Fridays are designated as mooring areas for all motorboats and seacrafts not beyond
eighteen (18) gross tons. Motorboats and seacrafts beyond 18 gross tons shall moor at Sambiray Port or
Caticlan or FIVE HUNDRED 500) meters off-shore Angol Point”
SECTION 2. – EFFECTIVITY. This ordinance shall take effect upon approval.
APPROVED. JUNE 11, 2003.
( APPROVED. SP RESOLUTION NO. 03-282, dtd. 8-8-03)
d.2 MUNICIPAL ORDINANCE NO. 236, s. 2006, “ANORDINANCE AMENDING SECTION 1,

MOORING AREAS, OF MUNICIPAL ORDINANCE NO. 157, SERIES OF 2002, AN
ORDINANCE REGULATING THE OPERATION OF MOTORBOATS AND OTHER SEACRAFT
IN BORACAY, DESIGNATING MOORING AREAS FOR SUCH AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.”
SECTION 1. – AMENDMENT. Section 1 of Municipal Ordinance No. 157, is hereby amended to be

read as follows:
“Mooring Areas. Seacrafts twenty five (25) gross tons or more shall moor at Sambiray Port or Caticlan or
five hundred (500) meters off-shore Angol Point. Designated areas, demarcated by buoys, two hundred
(200) meters off-shore stations 1, 2, 3 and Boracay Terraces Resort, respectively, are likewise designated as
mooring areas for seacrafts, sailboats included, less than twenty five (25) gross tons. Each of the designated
mooring area however must not be more than 300 meters in length parallel to the coastline and the median
of which is directly perpendicular to the aforecited boat stations, Boracay Terraces included. Only registered
motorbancas and other seacrafts with valid Mayor’s Permit to operate shall be allowed to moor in the
aforecited mooring areas.
SECTION 2. – AQUA SPORTS/SAIL BOAT. ADDITIONAL PICKING UP AND DROP-OFF POINTS. Pick-up and
Drop-off points are hereby designated at the following areas:
- Sub-station No. 3a – between Surfside and Alyssa

- Sub-station No. 3b – in Front of Tourist Center
- Sub-station No. 2a – between Sea Lovers and Red Coconut
- Sub-station No. 1a – between True Homes and Serina’s Place
- Sub-station No. 1b – between White House and Fridays
There shall only be one pick-up and/or drop-off point in each of the aforecited areas properly
demarcated by buoys for identification purposes. These identified points shall be used exclusively by
aqua sports entities and sailboat operators to pick-up and/or drop-off respective clients engaged in aqua
sports and/sailboat or boating activities respectively. Without prejudice to the provisions of Municipal
Ordinance No. 189, particularly Section 5, stand by and mooring in the aforecited points are strictly
prohibited.
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SECTION 3. – PENALTIES. Seacraft/Sailboat apprehended violating any provision of this

ordinance shall be fined TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and impoundment of the
craft. The owner/operator of the apprehended seacraft shall pay the fine at the Municipal Treasurer’s
Office or his authorized representative. A Towing Fee of FIVE HUNDRED PESOS (₱500.00) and an
Impoundment Fee in the amount of FIVE HUNDRED PESOS (₱500.00) per day shall also be charged and
must paid before release of the impounded seacraft.
SECTION 4. – AMENDATORY CLAUSE. Any ordinance, rules and regulations, or parts thereof,
provisions of which are in conflict with, or contrary to the provisions of this ordinance are hereby
repealed, amended and modified accordingly.
SECTION 5. EFFECTIVITY. This ordinance shall take effect upon its approval and proper
publication.
ENACTED. JANUARY 5, 2006.
APPROVED. JANUARY 26, 2006.
e) MUNICIPAL ORDINANCE NO. 163, s. 2002, “AN ORDINANCE INCREASING THE ANCHORAGE FEES
FOR MOTORBOATS, SHIPS AND OTHER SEA VESSELS WITHIN THE MUNICIPAL WATERS OF
MALAY AMENDING SECTION 5J.01 OF MUNICIPAL ORDINANCE NO. 92-58, THE REVISED REVENUE
CODE OF MALAY.
SECTION 1. – RATIONALE. Anchorage of vessels as proximate to the Island of Boracay, but within
permissible and designated area, is one of the selling points in bringing more tourists in the island.
Offshore mooring or anchorage however must be closely monitored and well regulated to avoid
anticipated environmental hazards. Charging anchorage fees therefore is necessary in order to raise the
needed funds for purposes of regulation and monitoring hence this piece of legislation.
SECTION 2. – ANCHORAGE FEE. Owners or operators of motorboats, ships and other sea vessels
that anchor within the municipal waters of Malay shall pay an anchorage fee based on the following
scheduled rates:
(a) FOREIGN TOURIST LINERS/SHIPS . . . . . . . . . . TEN THOUSAND PESOS (₱10,000.00) per anchor
(b) DOMESTIC TOURIST LINERS/SHIPS. . . . . . . . FIVE THOUSAND PESOS (₱5,000.00) per anchor
(c) CARGO SHIPS/VESSELS (BARGE INCLUDED) . . ONE THOUSAND PESOS (₱1,000.00) per anchor
(d) INTER-ISLAND PASSENGER VESSELS . . . . . . . . . FIVE HUNDRED PESOS (₱500.00)
(e) OTHER VESSELS TO INCLUDE YATCH,

MOTORBOATS, and FISHING BOATS of
less than twenty (20) gross tons . . . . . . . ONE HUNDRED PESOS (₱P100.00) per anchor
(f) FISHING BOATS of more than twenty

(20) gross tons . . . . . . . . . . . . . . . . . . . . . . . . TWO HUNDRED FIFTY PESOS (₱250.00) per anchor
SECTION 3. – PER ANCHOR. TIME SCOPE. Per anchor pertains to not more than twenty four (24)
hours of anchoring or mooring within the municipal waters of Malay. Anchoring or mooring beyond
twenty four (24) hours, regardless of the length of time, provided it does not exceed the twenty four (24)
hours cut-off period, shall be treated as another day hence full amount shall be paid based on the rates
prescribed herein.
SECTION 4. – EXEMPTION FROM ANCHORAGE FEES. Motorboats or other seacrafts that have had
secured a franchise to operate from the Local Government of Malay and whose owner or operator is a
resident of Malay shall be exempt from paying the anchorage fee. Also exempted are those vessels
stranded, shipwrecked or moored forcibly within the municipal waters of Malay due to force majure or
man made calamities.
SECTION 5. – IMPLEMENTING OFFICES. Strict compliance of this ordinance shall be carried by the
Transportation Regulations Officer in coordination with the Office of the Treasurer.
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APPROVED. MAY 29, 2002.
f) MUNICIPAL ORDINANCE NO. 166, S. 2002; “AN ORDINANCE DESIGNATING EMBARKING,

DISEMBARKING AND PARKING AREAS FOR MOTORBOATS AND OTHER SEA CRAFTS AT TABON
PORT, CATICLAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
(AUTHOR: HON. ABCEDES S. DELA TORRE)
SECTION 1. – EMBARKING AND DISEMBARKING AREAS. Forty (40) meters both sides of the present
port structure at Tabon is hereby declared as embarking and disembarking areas for motorboats,
CBTMPC member boats and/or resort service boats, ferrying passengers between Caticlan and Boracay.
Designation of particular area for the aforementioned purposes shall be within the full discretion of the
Municipal Transportation Regulation Officer in coordination with Caticlan – Boracay Transport and
Multi-Purpose Cooperative (CBTMPC) Operation Supervisor detailed in the said port.
SECTION 2. – RESTRICTION. PARKING AREA. Motorboats are strictly prohibited to park within the
designated embarking and disembarking areas. It is mandatory therefore that after unloading the
passengers, motorboats must setback at the parking area which is Fifty (50) meters off-shore the eastern
portion (right side) of the present port structure.
SECTION 3. – PENALTIES. Operators of motorboats or other sea crafts who violate any provision
of this ordinance shall suffer the following penalties:
FIRST OFFENSE. . . . . . . . . . Stern warning and a fine of FIVE HUNDRED PESOS (₱500.00).
SECOND AND SUBSEQUENT OFFENSES - Two (2) days impoundment of the motorboat or sea craft and a fine of
ONE THOUSAND PESOS (₱1,000.00) plus FIVE HUNDRED PESOS (₱500.00) impoundment fee per day.
SECTION 4. – The Local Chief Executive will issue implementing guidelines in the
implementation of this Ordinance.
SECTION 5. – REPEALING CLAUSE. Any ordinance in conflict herewith is hereby repealed.
SECTION 6. – EFFECTIVITY. This ordinance shall take effect immediately upon approval and
proper publication.
ENACTED. MAY 22, 2002.
APPROVED. JULY 3, 2002.
(APPROVED: SP RESOLUTION NO. 02-378, dtd. 11-15-02)
g) MUNICIPAL ORDINANCE NO. 180, S. 2002; “AN ORDINANCE DESIGNATING AND FIXING THE
EMBARKATION AND/OR DISEMBARKATION OF PASSENGERS AND/OR LOADING AND/OR
UNLOADING OF CARGOES OF ALL MOTORBOATS PLYING MALAY AND OTHER ISLAND
TERRITORIES OTHER THAN BORACAY.
(AUTHOR: HON. RALF A. TOLOSA)
SECTION1. PROHIBITION. EMBARKATION/DISEMBARKATION/LOADING/UNLOADING. All motorboats

plying routes between Malay and other island territories shall be prohibited to embark and/or disembark
passengers and/or load and/or unload cargoes anywhere in Boracay except Cagban Jetty Port.
SECTION 2. – DESIGNATED AREA. EMBARKATION/DISEMBARKATION/LOADING/UNLOADING.

Northeast side of Caticlan Jetty Port to Barangay Caticlan Proper and Cagban Jetty Port is designated as
embarking and/or disembarking area for passengers and/or loading and/or unloading area for cargoes
of motorboats plying the routes between Malay and other island territories.
SECTION 3. – All pumpboats plying Malay and other island territories other than Boracay are
required to secure Mayor’s Permit to operate within municipal waters of Malay.
Page 11
SECTION 4. – AMENDMENT/REPEAL. Any Ordinance, rules and regulations, or parts thereof,

whose provisions are in conflict with, or contrary to the provisions of this Ordinance are hereby repealed,
amended and modified accordingly.
SECTION 5. – PENALTY. Violators of this Ordinance shall suffer the fines and penalties:
FIRST OFFENSE . . . . . . . . ONE THOUSAND PESOS (₱1,000.00)
SECOND OFFENSE. . . . . . TWO THOUSAND PESOS (₱ 2,000.00) and stern warning for cancellation
of Mayor’s Permit to operate within the municipal waters of Malay.
THIRD OFFENSE. . . . . . . . TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and cancellation of
Mayor’s Permit to engage in trade or business and/or imprisonment of not less than five (5) days
and not more than thirty (30) days depending on the discretion of the court.
SECTION 5. – EFFECTIVITY. This Ordinance shall take effect upon approval and proper
publication.
APPROVED. DECEMBER 4, 2002.
h) MUNICIPAL ORDINANCE NO. 189, S. 2003; “AN ORDINANCE REGULATING THE OPERATION OF
SAILBOATS (PARAW) WITHIN THE MUNICIPAL WATERS OF MALAY AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.
SECTION 1. – MAYOR’S PERMIT TO OPERATE. No sailboat (paraw) shall be permitted to operate

within the Municipal waters of Malay unless an annual Mayor’s Permit to operate has been secured.
SECTION 2. – MAYOR’S PERMIT REQUIREMENTS . No Mayor’s Permit to operate shall be issued

unless the following requirements are complied:
a) Sailboat upon which Mayor’s Permit is applied is owned by a bonafide resident of Malay.
For purposes of this ordinance, bonafide resident shall mean six (6) months actual residency
and ownership of the place of abode within the Municipality of Malay.
b) Endorsement of Malay Sailboat Operators Incorporated (MASBOI).
c) Certification by the Municipal Transportation Officer that the sailboat is sea-worthy.
d) Payment of fees and taxes as prescribed by the Municipal Revised Revenue Code of Malay.
e) Procurement of a group accident insurance policy for sailboat passengers and crew members.
f) Sailboat’s body must be painted white.
SECTION 3. – DEPORTMENT. Sailboat crewmembers and/or operators shall strictly observe the
following:
a) Rendering sailing services while under the influence of alcohol, illegal drugs and/or intoxicating
liquid or substance is strictly prohibited.
b) When dealing with guests, utmost courtesy, politeness, hospitality and honesty must be observed at
all times.
c) Promotion of prostitution and prohibited drugs is strictly prohibited.
d) Display of Identification Card must be done while rendering boating service.
SECTION 4. – OPERATION’S REGULATORY POLICIES. The following operation’s regulatory policies

shall be strictly observed:
1) Each sailboat shall bear a designated body number and must also indicate the passenger capacity
both of which shall be painted in dark blue or black.
Page 12
2) Wearing of life jacket, for passengers and crew members, at all times.
3) Each sailboat must have the following gadgets on board:
a) Knife
b) Extra rope no less than 15 meters in length
c) Flashlight
d) First Aid Kit
4) No sailboat shall load beyond the indicated passenger’s capacity and shall submit to the Philippine
Coast Guard or its duly authorized representative a passenger’s manifest before sailing.
SECTION 5. – WAITING AND PARKING LIMITATIONS. For purposes of waiting prospective clients,
only two (2) sailboats at a time shall be allowed to park at Station 1, 1b, 2, 3 & 3b. At 4:00 P.M. to 5:00
P.M., however, five (5) sailboats shall be allowed to park at Station 2. Parking sailboats shall be situated
at the extreme side of each of the aforementioned stations with all their sails or mast down except one
and shall not in anyway obstruct the motorized banca docking area for loading and unloading passengers.
SECTION 6. – PENALTIES. For violation of Section 1 of this Ordinance, the following penalties
shall be imposed:
FIRST OFFENSE . . . . . . . . . . . . . . a fine of ₱500.00

SECOND OFFENSE . . . . . . . . . . . . a fine of ₱1,000.00 and one (1) day impoundment of sailboat.
THIRD OFFENSE . . . . . . . . . . . . . . a fine of ₱1,500.00 and three (3) days impoundment of
sailboat.
In the event the sailboat is towed and impounded, the following fee shall be paid before the
apprehended sailboat is released:
Towing Fee . . . . . . . . . . . . . . . . . ₱500.00

Impoundment Fee. . . . . . . . . . . . . ₱200.00 per day
Upon towing and impoundment, the owner of the sailboat shall sign a waiver stipulating that the
impounding agency shall not be liable for any damage, destruction and/or wreckage of the sailboat after
the three (3) day impoundment period and the same was not redeemed by the owner.
For violation of Section 3 of this Ordinance, the following penalties shall be imposed:
a) Paragraph a - For the first offense a fine of ₱500.00 and fifteen (15) days suspension as a crew
member. ₱800.00 and one (1) month suspension for the second offense. ₱1,000.00 and cancellation
of Mayor’s Permit as crewmember for the third and/or subsequent offenses.
b) Paragraph b – For the first offense, ₱300.00 and stern warning. ₱500.00 and fifteen (15) days
suspension for the second offense. ₱800.00 and cancellation of Mayor’s Permit as crew member for
the third and/or subsequent offenses.
c) Paragraph c – Fine of ₱2,000.00 and cancellation of permit as a crew member without prejudice to
filing of appropriate criminal action by the state before the proper court of law.
d) Paragraph d – fine of ₱200.00 per infraction. For violation of any provisions of Section 4 and 5 of this
ordinance, the following penalties shall be imposed:
FIRST OFFENSE . . . . . . . . . . . . . . . . a fine of FIVE HUNDRED PESOS (₱500.00)
SECOND OFFENSE . . . . . . . . . . . . . . . a fine of ONE THOUSAND PESOS (₱1,000.00)
THIRD & SUBSEQUENT OFFENSE . . . . a fine of ONE THOUSAND FIVE HUNDRED PESOS
(₱1,500.00) and impoundment of sailboat for three (3) days in which case the operator and /or
crew shall pay the service charges for towing and/or impoundment, as
the case may be, as prescribed by this Ordinance.
SECTION 8. – AMENDMENTS. Any ordinance, rules and regulations, or parts thereof, whose
provisions are in conflict with, or contrary to the provisions of this ordinance are hereby repealed,
Page 13
publication.
(APPROVED. SP RESOLUTION NO.03-354, dtd. 10-24-03)
i) MUNICIPAL ORDINANCE NO. 192, S. 2003; “AN ORDINANCE REGULATING OPERATION OF

SEACRAFTS ALONG THE EASTERN BEACHES OF BORACAY ISLAND AND PRESCRIBING PENALTIES
FOR VIOLATION THEREOF.”
SECTION 1. – SETBACK REQUIREMENT. It shall be mandatory for all seacrafts to observe the fifty
(50) meter setback while mooring or on standby along the eastern beaches of Boracay Island from 7:00
a.m. to 5:00 p.m.
SECTION 2. – DEFINITION OF TERMS AND PHRASES. For purposes of this ordinance, the following
terms or phrases shall mean:
EASTERN BEACHES - cover the beaches from Tambisaan point to Ilig-iligan Beach facing Tablas Strait.
SEACRAFTS - include all watercrafts, motorized or otherwise, below eighteen (18) gross tons.
SECTION 3. – SEALANES, EMBARKING AND DISEMBARKING AREAS. The Local Government of Malay
shall identify and designate sealanes and embarking and disembarking areas in Tambisaan and Bolabog.
The embarking and disembarking area shall be a fifty (50) meter open space on the beach line and shall
be free from moored or standby seacraft of whatever make or nature. Proper markers shall be installed
by the Local Government of Malay to identify the said area.
SECTION 4. – PROHIBITION. Except for purposes of loading and unloading, seacrafts are strictly
prohibited to standby within the embarkation and disembarkation areas. Likewise, seacrafts are
prohibited to be on setback within the designated sealanes.
SECTION 5. – PENALTIES. Operators/owners and boatmen of motorboats and other seacrafts who
violate any provision of this ordinance except Section 3, shall suffer the following penalties.
C) FREQUENCY OF COMMISSION OPERATOR/OWNER BOATMEN
FIRST OFFENSE Stern Warning: FIVE Stern Warning: FIVE

HUNDRED PESOS HUNDRED PESOS
(₱500.00) (₱500.00)
SECOND OFFENSE Cancellation of Mayor’s Cancellation of Mayor’s
Permit to operate; TWO Permit; FIVE HUNDRED
THOUSAND FIVE PESOS (₱500.00) per
HUNDRED PESOS boatman, five (5) days
(₱2,500.00).Impoundment community service
of the motorboat for three (beach cleaning)
(3) days.
D) Violators of Section 3 of this ordinance shall suffer a penalty of TWO THOUSAND FIVE HUNDRED
PESOS (₱2,500.00).
publication.

Page 14
j) MUNICIPAL ORDINANCE NO. 199, S. 2003; “AN ORDINANCE REGULATING THE OPERATION OF
WATER SKIS, JET SKIS, PARA-SAILING, BANANA BOAT RIDING AND OTHER AQUA SPORTS
ACTIVITIES DESIGNATING AREA OF OPERATION AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF.
SECTION 1. – OWNERSHIP LIMITATION. No person, natural or juridical, shall be allowed to own or

operate more than four (4) units jet ski and one (1) unit water ski within the municipal waters of Malay.
SECTION 2. – MARKINGS. IDENTIFICATION. Owner/Operators shall inscribe the name of the entity
or organization and the designated number on the body of the Jet Ski unit.
SECTION 3. – AREA OF OPERATION. JET SKI. The area five hundred (500) meters, but in, no case
beyond six hundred (600) meters offshore, stretching from Boracay Terraces to Station 1 and the area
three hundred (300) meters, but in no case beyond five hundred (500) meters offshore stretching from
Lapus-lapus, Bolabog to Tulubhan are designated as the areas for jet ski operation.
SECTION 4. – AREA OF OPERATION. WATER SKI. The area five hundred (500) meters; but in no case
beyond six hundred (600) meters offshore, stretching from Station I to Red Coconut is designated as
water ski operation.
SECTION 5. – AREA OF OPERATION. PARA-SAILING. The area five hundred (500) meters offshore,
stretching from Station 1 to Angol Point, is designated as area for para-sailing operation.
SECTION 6. – AREA OF OPERATION. BANANA BOAT RIDING. The area two hundred (200) meters
offshore but not beyond three hundred (300) meters, stretching from Boracay Terraces to Station 3 is
designated as area for banana boat riding operation.
SECTION 7. – UNITS IN OPERATION. LIMITATION. A maximum of twenty four (24) jet ski and six (6)
water ski units shall be allowed to operate, at the same time, within its respective area of operation.
Water ski operator however shall be limited to operate one water ski at a time.
SECTION 8. – OPERATION POLICIES. The following operation policies shall be strictly observed.
a) Serving foods and/or drinks from, to and within the gaming area is prohibited.
b) All pick-ups and beaching of jet ski, water ski, para-sailing and banana boat riding equipment and
gamers shall only be done at any of the identified boat station or LGU designated points for such
purpose.
c) Jet skiing, water skiing, para-sailing and banana boat riding shall only be allowed from sunrise to
sunset and only during good weather.
d) Jet ski units shall be towed to the gaming area or at least one hundred (100) meters offshore. In the
case of the latter, the jet ski unit must be driven to the gaming area by the operator’s licensed driver.
In beaching the jet ski units, same procedures shall be observed.
e) Games for para-sailing and banana boat riding shall mount on their respective game facilities within
their respective game areas.
f) Within the respective gaming area, clockwise direction of sea craft movements shall be observed at
all times.
SECTION 9. – REQUIRED EQUIPMENT. JET AND WATER SKI OPERATORS. Every jet and/or water ski
operator shall maintain the following operational equipment:
b) Binocular
c) Two (2) Way Radio
d) Rescue Boat/Craft
e) Raft Measuring 100 sq. meters.
SECTION 10. – PERMIT REQUIREMENTS. The following requirements are pre-requisites for
issuance of Mayor’s Permit to Operate.
a) Inspection Certificate from Municipal Transportation Officer for the sea worthiness of the sea-crafts
used in the business.
Page 15
b) Favorable endorsement from LGU accredited association or entity within which applicant is
classified.
c) Payment of taxes and regulatory fees as provided by the Municipal Revised Revenue Code.
SECTION 11. – PENALTIES. The following penalties shall be imposed to those who violate any
provision of this ordinance.
FREQUENCY P E N A L T Y
Renter Operator/Owner
FIRST & SECOND OFFENSE ₱1,000.00 ₱1,000.00 impoundment
THIRD & SUBSEQUENT OFFENSES ₱1,000.00 ₱2,500.00 and cancellation

of Mayor’s Permit to operate.
SECTION 12. – REPEALING CLAUSE. All other ordinances, rules and regulations, or parts thereof,
whose provisions are in conflict with, or contrary to, the provisions of this ordinance are hereby
repealed, amended or modified accordingly.
publication.
APPROVED. SEPTEMBER 3, 2003.
(APPROVED. SP RESOLUTION NO. 04-138, dtd. 6-18-04.)
k) MUNICIPAL ORDINANCE NO. 222, S. 2005, “AN ORDINANCE REQUIRING ALL PUBLIC UTILITY
VEHICLES OR SEACRAFT OPERATING WITHIN THE MUNICIPALITY OF MALAY TO POST
SLOGANS AND STICKERS PROVIDED BY GOVERNMENT AGENCIES EXPOUNDING SOCIAL AND
ENVIRONMENTAL CAMPAIGNS AND RELATED PRACTICES IN THEIR RESPECTIVE VEHICLES OR
CRAFT AND ADOPTING SUCH AS A REQUIREMENT IN THE RENEWAL OF FRANCHISE OR ANNUAL
MAYOR’S PERMIT TO OPERATE, AS THE CASE MAY BE.
SECTION 1. – RATIONALE. Active participation of the private sector in whatever social and
environmental programs and related practices of the government is a basic ingredient to ascertain
accomplishment of its goals. Hence this piece of legislation.
SECTION 2. – MANDATORY POSTING. STICKERS AND SLOGANS. It shall be mandatory of all public
utility vehicles or seacraft operating within the municipal jurisdiction of Malay to post slogans and
stickers provided by any government agencies expounding social and environmental campaigns and
related practices in their respective vehicles or seacraft. Before posting however, all stickers/slogans
shall be coursed through appropriate LGU-Malay agency for evaluation and the size of which shall be no
more than 4 inches x 12 inches [4” x 12”] and in no case more than two [2] stickers shall be installed per
vehicle.
SECTION 3. – PRE-REQUISITE. Mayor’s Permit and/or Franchise. Compliance to the provisions of

this ordinance shall be a requisite for the renewal of LGU-Malay issued franchise and/or Mayor’s Permit
to operate within the municipal jurisdiction of Malay.
SECTION 4. PENALTIES. Any entity who violates provisions of this ordinance shall suffer a penalty
of FIVE HUNDRED PESOS (₱500.00) for the first refusal and ONE THOUSAND PESOS (₱1,000.00) for the
second and subsequent refusal.
SECTION 5. – AMENDMENTS. All ordinances, rules and regulations, or parts thereof, provisions of
which are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended,
or modified accordingly.
SECTION 6. DATE OF EFFECTIVITY. This ordinance shall take effect upon its approval and proper
publication.
Page 16
APPROVED. FEBRUARY 9, 2005.
l) MUNICIPAL ORDINANCE NO. 223, s. 2005, “AN ORDINANCE REQUIRING OWNERS AND/OR
OPERATORS OF MOTORIZED BANCAS/VESSELS TO SECURE FRANCHISE FROM THE SANGGUNIANG
BAYAN OF LGU-MALAY BEFORE OPERATING WITHIN THE MUNICIPAL WATERS OF MALAY.
SECTION 1. – RATIONALE. The Local Government Code of 1991, particularly Section 447,
paragraph 3 [vii] provides that the Sangguniang Bayan, by a majority vote of all the members, grant a
franchise to any person, partnership, corporation, or cooperative to establish, construct, operate and
maintain ferries, among others, within the Municipality. Considering that Caticlan-Boracay route and
other ferry services around Boracay are entirely within the municipal jurisdiction of Malay hence this
piece of legislation.
SECTION 2. – FRANCHISE. Owner/s and/or operator/s, natural or juridical, of motorized

banca/vessel shall secure a franchise from the Sangguniang Bayan of LGU-Malay before operating within
the Municipal Waters of Malay. This grant of franchise is without prejudice to MARINA requirements and
Mayor’s Permit to operate which owners and/or operators must comply.
SECTION 3. – DEFINITION OF TERMS/PHRASES. The following terms and phrases, for purposes of
this Ordinance, shall be construed and understood to mean:
FERRY FRANCHISE – a special privilege to operate a ferry service within the Municipal Waters of Malay
granted to a person, natural or juridical, by the Sangguniang Bayan of LGU-Malay.
FERRY SERVICE – pertains to a utility rendered by any motorized banca/vessel to persons and/or cargoes
for purposes of transport, boating, diving, snorkeling and other similar water activities within the
Municipal Waters of Malay.
MOTORIZED BANCA/VESSEL – pertains to a seacraft of any make and size operation of which depends upon
an engine.
MUNICIPAL WATERS – refer to all waters along, between and connecting mainland Malay and the various
islands of this Municipality, as delineated by pertinent accepted indicators and/or boundaries attested by
appropriate government agencies.
SECTION 4. – FRANCHISE. DURATION. Municipal franchise for ferry operation shall be in effect for a
period of two [2] years, renewal of the same shall be made within one [1] month prior to expiration date.
SECTION 5. – FRANCHISE. REQUIREMENTS. Owner/s and/or operator/s applying for a franchise

shall submit the following:
a. Maritime Industry Authority [MARINA] documents.

1) Certificate of Ownership
2) Certificate of Vessel Registry
3) Provisionary Authority/Certificate of Public Convenience
b. Philippine Coast Guard Certificate of Inspection.
c. Motor bancas/vessels for boating purposes shall secure Endorsement from Boracay Island Hopping
Association [BIHA].
d. Motor bancas/vessels servicing Caticlan-Boracay route shall secure Endorsement from Caticlan-
Boracay Transport and Multi-Purpose cooperative [CBTMPC].
SECTION 6. – FRANCHISE FEE. RATES. Applicants for a ferry franchise shall be charged the
following rates:
- Wooden Hulled Vessels

Passengers/Cargoes . . . . . . . . . . ₱ 40.00 per gross ton with ₱300.00 minimum per vessel
- Aluminum/Steel Hulled Vessels

Passengers/Cargoes. . . . . . . . . . . ₱ 60.00 per gross ton with ₱800.00 minimum per vessel
Page 17
SECTION 7. – LATE RENEWAL. PENALTIES. Owner/s and/or operator/s, natural or juridical, who fails to
renew ferry franchise on time shall be charged the following fines:
a. One [1] to five [5] days late . . . . . . . . . . . . . . . . . . . . . . . . . . . . ONE HUNDRED PESOS [₱100.00]
b. Six [6] to ten [10] days late . . . . . . . . . . . . . . . . . . . . . . . . . . . . TWO HUNDRED PESOS [₱200.00]
c. Above ten [10] days but not more than thirty [30] days late . . . . FOUR HUNDRED PESOS [₱400.00]
d. More than thirty [30] days late . . . . . . . . . . . . . . . . . . . . . . . . . . . . SIX HUNDRED PESOS [P600.00]
SECTION 8. – PENALTIES. Owner/s and/or operator/s of motor bancas/vessels apprehended

tendering ferry service without the required franchise shall be fined an amount of ONE THOUSAND
PESOS [₱1,000.00] for the first offense; ONE THOUSAND FIVE HUNDRED PESOS [₱1,500.00]for the
second offense; for the third and subsequent offenses, TWO THOUSAND FIVE HUNDRED PESOS
[₱2,500.00] and impoundment of the motor banca/vessel and shall be released only upon securing a
franchise thereof. TWO HUNDRED PESOS [₱200.00] per day shall be charged as impounding fee.
SECTION 9. – REPEALING CLAUSE. Any ordinance, rules and regulations, or parts thereof,
provisions of which are in conflict with, or contrary to the provisions of this ordinance are hereby
repealed, amended and modified accordingly.
SECTION 10. DATE OF EFFECTIVITY. This Ordinance shall take effect upon its approval and proper
publication.

Page 18
B) ENVIRONMENTAL PRESERVATION AND

PROTECTION ORDINANCES
a) MUNICIPAL ORDINANCE NO. 81, S. 1995; “AN ORDINANCE PROHIBITING THE DISPLAY OR
HANGING OF STREAMERS, SIGNBOARDS AND BILLBOARDS AT ANGOL POINT, BORACAY ISLAND,
MALAY, AKLAN.”
(SPONSORS: HON. FROLIBAR S. BAUTISTA & HON. WILBEC M. GELITO )
WHEREAS, Boracay Island is a tourist zone and so its pristine beauty must be preserved;
WHEREAS, hanging of streamers, posters and billboards of different colors, materials and
designs on this strategic point of Angol Point and left there for so long to deteriorate and fell-off is an
eyesore to entering visitors;
IN ORDER THEREFORE, to preserve the original beauty of Angol Point, this body hereby
ordained, that;
SECTION 1. – Hanging or posting of streamers, billboards, signboards and other similar

advertisement materials at Angol Point, Boracay Island, Malay, Aklan is strictly prohibited.
SECTION 2. – “WELCOME” and other greeting signs of “daet” or cotton materials, of not more
than five (5) meters long will be allowed to hang at the Jetty Port area in Caticlan, after securing permit or
authority from the Local Government of Malay for a period of not more than one (1) week.
SECTION 3. – This ordinance supplements Article H, Section 2H-01 on Advertisements of the

Revised Revenue Code of this municipality.
SECTION 4. – PENALTY. Any person, group of persons, business owners or operators caught
violating this ordinance shall be punished by a fine of ONE THOUSAND PESOS (₱1,000.00) or an
imprisonment of not more than thirty (30) days or both at the discretion of the court.
SECTION 5. – EFFECTIVITY. This ordinance shall take effect Thirty (30) days after its approval and
proper publication especially in Boracay and Caticlan area.
ENACTED AND APPROVED. AUGUST 31, 1995.
b) MUNICIPAL ORDINANCE NO. 92, S. 1996 “AN ORDINANCE FURTHER AMENDING MUNICIPAL
ORDINANCE NO. 5, SERIES OF 1950 AS AMENDED BY MUNICIPAL ORDINANCE NO. 6, SERIES OF
1955 WITH PARTICULAR ATTENTION ON STRAY DOGS IN THE TOURIST VILLAGE OF BORACAY.
WHEREAS, Municipal Ordinance No. 5, series of 1950 as amended by Municipal Ordinance No. 8,
series of 1955 has no specific mention of the problem of stray dogs freely roaming around the beaches
frequented by people and also in the vicinity of eateries and other establishments especially in Boracay;
WHEREAS, also in said Ordinance the powers to implement this ordinance is concentrated on the
Municipal Government with less emphasis on the powers of the Barangay Unit, where the supposed
problems are actually taking place;
NOW THEREFORE, in order to make our laws more effective and relevant to needs of the time;
The Sangguniang Bayan of Malay, Aklan in session ordained that:
SECTION 1. – Municipal Ordinance No. 5, series of 1950 as amended by Municipal Ordinance No.
6, series of 1955 is further amended to read as follows:
“No animal shall be allowed to roam freely in the beaches and other public places in Boracay. These stray
animals, especially dogs if found roaming freely around shall be caught, impounded or disposed of by the
authorized agents, or the barangay”.
SECTION 2. – The powers to implement this Ordinance is delegated to the three (3) barangays in
Boracay where the prolifering of these stray animals is a problem, and the Impounding Fee or penalty for
violation of this ordinance shall accrue to the barangay concerned.
Page 19
SECTION 3. – An Impounding Fee of ONE HUNDRED PESOS (₱100.0)) per day shall be charged to the
owner of the animal caught and impounded in the Barangay Pound. The impounding period will not
exceed two (2) days only, after which if no owner or claimant appear, the authorized agent or barangay
can dispose the animal at their discretion.
SECTION 4. – This ordinance shall take effect after approval.
ENACTED and APPROVED. JULY 25, 1996.
c) MUNICIPAL ORDINANCE NO. 97-111; “AN ORDINANCE REGULATING DISPLAY ADVERTISEMENT

BY MEANS OF POSTERS, PLACARDS, PAINTING ON WALLS, SLIDES IN MOVIES, HANDBILLS,
LEAFLETS AND STREAMERS, NEON (LIGHTS) SIGN.”
SECTION 1. – REGULATED ACTS. No person shall advertise thru posting, displaying by means of
placards or slides in movies, painting on walls of buildings or other structure and either by means of
handbills or leaflets without first securing a Permit therefore from the Mayor and paying the
corresponding fees being required under existing Tax Ordinance of this Municipality or the barangay
concerned.
SECTION 2. – ADMINISTRATIVE PROVISIONS. Any person desiring to advertise by means of posters,

placards, slides in movies, painting on walls or other structure, handbills and leaflets shall file a written
application together with the description of the things to be advertised or the text of the advertisement
itself, with the Office of the Mayor which shall process the same and issue the corresponding permit upon
payment of the required fees therefore.
SECTION 3. – PENALTY. Any person who violates any provision of this Ordinance shall be
punished by a fine of not more than TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or
imprisonment of not more than six (6) months or both fine and imprisonment at the discretion of the
court.
SECTION 4. – Effectivity. This Ordinance shall take effect upon approval and after proper
publication on local radio and other media in the barangays.
d) MUNICIPAL ORDINANCE NO. 97-112; “AN ORDINANCE REGULATING THE PUTTING UP OF

ADVERTISEMENT BY MEANS OF SIGNBOARDS AND BILLBOARDS.”
SECTION 1. – PROHIBITED ACTS. No person shall install or display any signboard or billboard in
this Municipality without first securing a Permit therefore from the Mayor and paying the corresponding
Fees on advertisement as required under existing Revenue Ordinance of this Municipality or the
barangay concerned.
SECTION 2. – ADMINISTRATIVE PROVISIONS. Any person desiring to install any signboard or

billboard shall file a written application on the required form and submit the necessary plans and
descriptions of the signboard or billboard to the Building Official of this Municipality.
The “Building Official” shall issue the necessary rules and regulations for the proper
implementation of this Article.
SECTION 3. – APPLICABILITY CLAUSE. The provisions of PD – 1096 (National Building Code) and its
implementing rules and regulations pertaining to the installation of signs, signboard or billboards are
hereby adopted and made an integral part of this Article.
SECTION 4. – PENALTY. Any person who violates any provision of this Ordinance shall be
punished by a fine or not more than TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or
imprisonment of not more than six (6) months, or both fine and imprisonment at the discretion of the
court.
SECTION 5. – EFFECTIVITY. This Ordinance shall take effect upon approval and proper publication
thru local radio and other media in the barangays.
Page 20
e) MUNICIPAL ORDINANCE NO. 2000-126, “AN ORDINANCE DISALLOWING THE DRY DOCKING
AND REPAIR OR BUILDING OF MOTORBOATS, BANCAS AND ALL KINDS OF SEA CRAFT WITHIN
THE VICINITY OF THE JETTY PORT IN CATICLAN AND DESIGNATING A PLACE FOR THE
PURPOSE.”
WHEREAS, the beach areas within the vicinity of the Jetty Port in Caticlan is designated as
extension for embarkation and disembarkation area for motorboats coming and going to Boracay;
WHEREAS, during peak season the volume of vehicles increases tremendously that the extent of
the beach lines on both sides of the Jetty Port are occupied by vehicles and people can hardly pass
through especially with cargoes;
THEREFORE
Be it ordained by the Sangguniang Bayan of Malay, Aklan, in session, that:
SECTION 1. – Dry Docking and repair or building of motorboats, bancas and all kinds of sea craft
within the vicinity of the Jetty Port in Caticlan is strictly prohibited. This vicinity covers the beach area
from Dalisay Trading to the Jetty Port Terminal Office on the East and from the Jetty Port Terminal Office
to Welcome Center of Fairways & Blue Water on the west side.
SECTION. 2 – EXEMPTION. Dry Docking in this area during emergency cases like typhoons,
shipwreck is allowed only for fifteen (15) days. Afterwards the owner is advised to remove it, if not this
Local government will order its removal at the expense of the owner.
SECTION 3. – Designated area for this purpose is the beach lines from Dalisay Trading Eastward
to Tabon area and 50 meters from Welcome Center of Fairways & Blue Water to Potol River westward.
SECTION 4. – Violation of the Ordinance is punishable by a fine of THREE HUNDRED PESOS

(₱300.00) on first offense, FIVE HUNDRED PESOS (₱500.00) on second offense and ONE THOUSAND
PESOS (₱1,000.00) on third and successive offenses or an imprisonment of not more than one (1) month
according to the discretion of the Court.
SECTION 5. – EFFECTIVITY. One (1) month after publication.
f) MUNICIPAL ORDINANCE NO. 2000-132; “AN ORDINANCE REGULATING ACTIVITIES ALONG THE
WHITE BEACH AREA IN BORACAY ISLAND AND ALLOCATING FUNDS THEREOF.”
(SPONSOR: HON. ADRIAN D. SALAVER)
SECTION 1. - DECLARATION OF POLICY. It is hereby declared the policy of the Municipality that the
white beach portion of Boracay Island shall be preserved in order to sustain its natural environment and
pristine beauty.
It is also the policy of the Municipality to reserved the white beach portion for tourist who come
and spend money to enjoy, relax, seek peace of mind and experience the unique tropical ambience of the
Island;
It is still likewise the policy of the Municipality to regulate the activities in the white beach for
the convenience of tourists and to boost the Tourism Industry of this town;
Page 21
SECTION 2. - DEFINITION OF TERMS.
 WHITE BEACH - pertains to all beaches in Boracay Island.
 PATH ROAD - a portion of four (4) meters on the beachfront used mainly for pedestrian traffic and
lately also for vehicle traffic.
 VENDORS – refers to the people engaged in selling or offering their goods or services to the tourist in
exchange for money. They include masseurs, manicurists, boatmen and sailboat operators engaged in
Island Hopping, operators of motorbike for hire and ambulant and stationary vendors selling fruits,
shell craft, garments, sunglasses and other souvenir items, etc.
 SERVICE VEHICLES – refers to vehicles engage in delivering of goods.
 VEGETATION AREA – refers to that portion of the beach where the plants thrive.
SECTION 3. - RULES AND REGULATIONS.
3.a) ON VENDORS
 All Vendors resident in Malay shall be required to secure proper permits from the Office of the
Municipal Mayor.
 Peddlers shall be required to secure Special Permit from the Municipal Mayor and shall pay TWO
THOUSAND PESOS (₱2,000.00) as a Security Deposit. This will ensure their proper behavior.
Any penalty imposed for certain violations will be deducted from this security deposit. This
security deposit shall be good only for one (1) week and shall be given back to them partially or
fully once they leave the Island.
 All Vendors shall be required to wear their prescribed uniforms and IDs properly.
 All Vendors and Peddlers shall be strictly prohibited to approach and or disturb tourists to offer
their goods or services.
(a) Vendors engaged in selling and promoting services like massage, island hopping and boat
trips shall be required to transact their business in all boat stations or in places identified
and sanctioned by the Municipality. They may put up a Signboard indicating their services
being offered.
(b) Manicure and pedicure shall be strictly prohibited along the white beach.
(c) Massage shall be allowed at the vegetation area only.
 Boat trips and sailboat operators shall be required to observe proper setbacks and should lower
their sails while on standby as prescribed by Section No. 2 (A) of Municipal Ordinance No. 97-
110.
3.b) ON VEHICLES AND TRAFFIC ON WHITE BEACH PATH:
 All service – vehicles like motorbikes, trisikad and tricycle private or government shall only be
allowed to enter the path road from 12:00 Noon to 3:00 p.m. except the Garbage Truck and on
emergency cases.
 Only ten (10) trisikads at a time shall be allowed to standby near the boat station and allowed
only from main road to boat station and vice versa.
 All Drivers and Operators of these vehicles should secure a Permit and Sticker from this
Municipality subject for renewal annually.
THE FOLLOWING ARE THE REQUIREMENTS OF THIS MUNICIPALITY:
(a) Permit Fee in the amount of FIVE HUNDRED PESOS (₱500.00) for the use of path road
between 12:00 to 5:00 p.m. This shall be imposed on the vehicles and shall only be good for
one year.
(b) Residence Certificate.

Page 22
(c) Barangay Clearance.
(d) Drivers shall be required to undergo a Lecture Seminar conducted by an appropriate Officer
of this Municipality.
 Operators of Motorbikes for rent shall not be allowed to establish their office or base station
along the path road. They should be relocated somewhere along the main road or in any place
designated by this Municipality. Further regulations pertaining to their operations shall be
prescribed thru another Ordinance.
3.c) ON TEMPORARY AND PERMANENT STRUCTURES AND ACCESSORIES:
 Chairs, beach beds and only movable beach umbrellas are allowed two (2) meters from the
vegetation line offshore with a distance of three (3) meters each umbrella.
 Volleyball post and nets shall be removed after the game.
 Establishments with permanent structures along the NO BUILD ZONE which have violated
Section 1 Municipal Ordinance No. 96-97 shall pay TEN THOUSAND PESOS (₱10,000.00) per
month for two (2) years, after which they shall not be allowed to operate anymore. They shall
be required to correct their violation or to demolish their own structures. Otherwise, it shall be
the duty of this Municipality to demolish such structure at the expense of the owner.
 Tables and chairs are allowed three (3) meters from vegetation line landward during nighttime
only. The owner has the responsibility to clean the area afterwards.
 Fences made of indigenous materials for plant protection shall be limited to two (2) feet high
only.
 Establishments shall maintain access roads to the beach.
 Chainsaw operation shall be strictly prohibited except on emergency cases.
3.d) OTHER ACTIVITIES NOT ALLOWED:
 Serving foods and eating shall be strictly prohibited in the white beach.
 Loading and unloading of supplies in bulk (like gasoline and petroleum products, gas, softdrinks,
beers, construction materials and market goods, etc.) shall be strictly prohibited along the
white beach. They shall only be allowed to be loaded and unloaded at the Manocmanoc Jetty
Port area and in other areas designated by this Municipality per Section No. 2 (C) of Municipal
Ordinance No. 97-110.
 Dry Docking of all watercraft is strictly prohibited except on emergency cases.
SECTION 4. - PENALTY. Any person or group of persons found guilty violating this Ordinance
shall be fined with the amount of not more than FIVE HUNDRED PESOS (₱500.00) plus the confiscation of
goods and accessories and or imprisonment of not more than three (3) days.
SECTION 5. - IMPLEMENTING GUIDELINES. It shall be the duty of the Boracay Special Task Force to
see to it that this Ordinance will be implemented properly thru: the help of the PNP, Philippine Coast
Guard, Beach Watchers, Barangay Officials and Tanods or anybody deputized by the said office. The
position of an Ordinance Officer shall be created thru another Resolution and allocating funds for the
discharge of his duty.
SECTION 6. - REPEALING CLAUSE. Previous Ordinances, Executive Orders and Resolutions covered
by these rules and regulations are hereby repealed.
SECTION 7. - EFFECTIVITY. This Ordinance shall take effect upon approval and fifteen (15) days
after publication.
APPROVED. AUGUST 10, 2000.

Page 23
f.1 MUNICIPAL ORDINANCE NO. 184, s. 2003; “AN ORDINANCE AMENDING THE PENALTY
CLAUSE OF MUNICIPAL ORDINANCE NO. 2000-132, AN ORDINANCE REGULATING
ACTIVITIES ALONG THE WHITE BEACH AREA IN BORACAY ISLAND.
SECTION 1. – AMENDMENT. Section 4, Penalty Clause, of Municipal Ordinance No. 2000-132 is

hereby amended and shall be read as follows:
“Any person or group of persons who violate any provision of this ordinance shall be fined with the amount
of not more than TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) plus confiscation of the object/s of
violation and/or imprisonment of not more than fifteen (15) days at the discretion of the court.
g) MUNICIPAL ORDINANCE NO. 156, S. 2002; “AN ORDINANCE PROHIBITING AMUSEMENT

CENTERS OR PLACES WITHIN THE MUNICIPALITY OF MALAY TO PERMIT MINORS PLAY OR
LOITER IN ANY OF ITS FACILITIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
(SPONSORS: HON. A. S. DELA TORRE & HON. L. S. SACAPAÑO)
SECTION 1. – PROHIBITION. It shall be prohibited of all amusement centers or places to permit

minors to play or loiter in any of its facilities.
SECTION 2. – DEFINITION OF TERMS. As used in this ordinance, the following terms shall mean:
(a) AMUSEMENT CENTER – refers to any place or establishment that offers entertainment facilities such as
billiards, pools, karaoke, dance machines, computer games, games of chances or other similar
entertainment facilities.
(b) MINORS – male and female below 18 years old.
SECTION 3. - REPEALING CLAUSE. All ordinances, rules and regulations, or parts thereof,
provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby
repealed, amended, or modified accordingly.
SECTION 4. – PENALTIES. The operator of the amusement center or place who violates this
ordinance shall suffer the following penalties:
FIRST OFFENSE – Stern warning to owner/operator and a fine of ONE HUNDRED PESOS (₱100.00) per
minor apprehended playing the game.
SECOND OFFENSE – Suspension of license to operate for one (1) month and a fine of THREE HUNDRED
PESOS (₱300.00) per minor apprehended playing the game.
THIRD AND SUBSEQUENT OFFENSES – Cancellation of license to operate, confiscation of gadgets or facilities
and a fine of FIVE HUNDRED PESOS (₱500.00) per minor apprehended playing the game.

Page 24
h) MUNICIPAL ORDINANCE NO. 160, S. 2002; “AN ORDINANCE PROHIBITING PROSTITUTION,

PANDERING AND FACILITATING PROSTITUTION WITHIN THE MUNICIPALITY OF MALAY AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
SECTION 1. – PROHIBITION ON PROSTITUTION, PANDERING AND FACILITATING PROSTITUTION. It shall

be prohibited of anybody to practice prostitution or to pander or to facilitate prostitution within the
jurisdiction of the Municipality of Malay.
SECTION 2. – PROHIBITION ON PROSTITUTION PATRONAGE. It shall be prohibited of any individual to

engage the services of any pimp or prostitute for purposes of satisfying the sexual passion or desire of
such individual through sexual contact.
SECTION 3. – PRESUMPTION OF KNOWLEDGE. For purposes of this ordinance, it is conclusively

presumed that operators of establishments have establish full knowledge of any negotiations to transact
and/or consummate prostitution in their respective establishment hence liable under this ordinance as
facilitators to commit prostitution.
SECTION 4. – DEFINITION OF TERMS. The following terms as used in this ordinance shall mean:
(1) PROSTITUTION – refers to an act or business of offering by any individual of his or her body or service
to anybody, for a consideration, for purposes of satisfying the latter’s sexual passion and desire
through sexual contact.
(2) PANDERING – refers to pimping, an act of procuring services of any prostitute to cater to the sexual
passion and desire of another through sexual contact.
(3) PROSTITUTES – refer to someone who offers his/her body or service to anybody, for a consideration,
for the satisfaction of the latter’s sexual passion and desire.
(4) FACILITATING PROSTITUTION – refers to an act of providing opportunities to prostitutes and pimps to
conduct their trade, such as tolerance to use his place for transaction and or consummation of
prostitution.
(5) ESTABLISHMENTS – refer to cottages, disco houses, restaurants, hotels, hostels, boarding houses, stores,
fun houses, bars, diving shops, karaoke bars, KTV bars and other entertainment centers or any
private places.
SECTION 5. – REPEALING CLAUSE. All ordinances, rules and regulations, or parts thereof
provisions of which are in conflict with, or contrary to, the provision of this ordinance are hereby
SECTION 6. – PENALTIES. Any person who violates this ordinance shall be sanctioned as follows:
OFFENDERS FIRST OFFENSE SECOND & SUBSEQUENT OFFENSES
(1) PROSTITUTES FINE OF ONE THOUSAND PESOS Fine of TWO THOUSAND FIVE
(₱1,000.00), two (2) days HUNDRED PESOS (₱2,500.00),
counseling with MSWD & Fifteen (15) days imprisonment, HIV
signing of undertaking, HIV determination check-up and smearing.
Determination check-up
and Smearing.
(2) PIMPS Fine of ONE THOUSAND Fine of TWO THOUSAND

PESOS (₱1,000.00), two (2) FIVE HUNDRED PESOS
days counseling with MSWD (₱2,500.00) & Thirty (30)
& signing of undertaking. days imprisonment
(3) OPERATORS OF
ESTABLISHMENTS Fine of TWO THOUSAND Fine of TWO THOUSAND
FIVE HUNDRED PESOS FIVE HUNDRED PESOS
(₱2,500.00), Stern warning (₱2,500.00), Cancellation
& signing of undertaking. of business permit to operate
& 30 days imprisonment
Page 25
(4) CLIENTS Fine of TWO THOUSAND Fine of TWO THOUSAND FIVE

FIVE HUNDRED PESOS HUNDRED PESOS (₱2,500.00)
(₱2,500.00), Warning and and five (5) days imprisonment,
signing of undertaking, HIV HIV determination check-up.
determination check-up.
SECTION 7. EFFECTIVITY. This ordinance shall take effect immediately upon approval.
i) MUNICIPAL ORDINANCE NO. 164, S. 2002; “AN ORDINANCE SETTING GUIDELINES TO REGULATE
THE OPERATION OF TOURIST GUIDES, COORDINATORS AND TOURIST ESCORTS WITHIN THE
MUNICIPALITY OF MALAY”
SECTION 1. – DEFINITION OF TERMS. As used in this Ordinance the following terms shall mean:
(a) TOURIST GUIDE – an individual who guides tourists, both local and foreign, for a fee, commission or any
other form of lawful remuneration, within the Municipality of Malay, either as a free-lancer or as an
employee of any tourism related establishment. To guide, shall mean to lead the way, to provide
information and to professionally conduct tourists to desired destinations or activities.
(b) TOUR COORDINATOR – an individual who is either a free lancer or employed in any tourist
establishment or agency who makes arrangements to provide various recreational activities to
tourists, such as snorkeling, diving, boating, island hopping, banana riding and other similar
activities.
(c) TOURIST ESCORT – an individual who assists tourists, both domestic and foreign from Caticlan or
mainland Malay and Boracay Island to any tourist establishments, destinations or activities, for a fee,
commission or any other form of lawful remuneration, within the Municipality of Malay. To assist
means to provide ease and convenience to tourists while in transit to a desired destination or while
in attendance of an activity.
(d) TOURIST ASSISTANCE CENTER – an office which gathers, compiles and makes available records of the
Municipality of Malay pertinent to tourism activities, destinations, potentials, transportation
schedules and other relevant data for those who may need them, particularly tourists or visitors.
(e) BORACAY CENTRALIZED ASSISTANCE FOR RESERVATIONS ENLINK SYSTEM (BORACAY – CARES) – a centralized
service arranging reservations for resort accommodation, boating, snorkeling, diving and other
tourism related activities under the supervision of the Municipal Tourism Office, to tourists or
visitors, individually or in groups.
SECTION 2. – GRANT OF PREFERENCE. It shall be the policy of this Municipality to give preference
to Malaynon tourist guides, coordinators and escorts in the grant of permit to exercise such trade within
its municipal jurisdiction. Policies and guidelines on this regard, responsive to the demand of the tourism
industry, shall be promulgated by the Municipal Chief Executive.
SECTION 3. – REGISTRATION AND LICENSING. All tourist guides, coordinators and escorts are
required to register with the Local Government of Malay and annually secure a Municipal License or
Mayor’s Permit, the absence of both shall prohibit such tourist guides, coordinators and escorts to
conduct their trade within this Municipality.
SECTION 4. – PRE-REQUISITE DOCUMENTS FOR REGISTRATION AND LICENSING. Tourist guides,

coordinators and escorts shall submit the following as pre-requisites for registration and issuance of
Municipal License or Mayor’s Permit:
(a) FOR FREELANCE LOCAL TOURIST GUIDES, COORDINATORS AND ESCORTS:
(1) FOR TOURIST GUIDES:
1.1 Certification by the Department of Tourism and Municipal Tourism Office that the applicant
has passed the examination conducted by both.
1.2 Certification by the Department of Tourism and the Municipal Tourism Office that the
applicant has undergone seminar conducted by both.
Page 26
1.3 Medical Certificate issued by the Municipal Health Officer of Malay
1.4 Barangay Clearance issued by the Punong Barangay of the place where the applicant
resides.
1.5 Police Clearance issued by the Philippine National Police Office of the Municipality
where the applicant resides.
1.6 Court Clearance of any Regional Trial Court Branch in the province where the applicant
resides.
1.7 Drug Test Certification that the applicant is drug-free.
(2) FOR ESCORTS AND COORDINATORS: All requirements for Tourist Guides.
(3) FOR COORDINATORS. All requirements for Tourists Guides except 1.1
(b) FOREIGN TOURIST GUIDES:
(1) Certification of Employment from the travel agency they are representing.
(2) Working Permits and/or other related documents.
(c) For local tourist guides, coordinators and escorts employed by resorts, hotels, lodging houses
and other similar establishments:
1) Employer’s Certification of Employment.

2) Medical Certificate issued by the Municipal Health Officer of Malay.
3) Certification of Department of Tourism and Municipal Tourism Office that the applicant has
undergone seminar conducted by both.
SECTION 5. – FEES. REGISTRATION AND LICENSING. Tourist guides, coordinators and escorts shall
pay to the Municipal Treasurers Office one time registration fee and an annual municipal license fee
based on the following rates:
R E G I S T R A T I O N F E E
MALAYNON NON-MALAYNON FOREIGN

Tourist Guide ₱ 3,000.00 ₱ 3,000.00 ₱ 10,000.00
Tour Escort 1,000.00 1,500.00
Tour Coordinator 1,000.00 1,500.00
(Free Lancer)
ANNUAL LICE NSE FEE

Tourist Guide ₱ 5,000.00 ₱5,000.00 ₱10,000.00
Tour Escort 1,000.00 1,000.00
Tour Coordinator 1,000.00 1,000.00
(Free Lancer)
SECTION 6. – RESTRICTIONS. Foreign and local tourist guides/escorts and coordinators employed
by tourist establishments or tour agencies are strictly prohibited to transact business related to provision
of tour services to tourists or visitors other than those packaged by tourist establishments or agencies
where they are employed.
SECTION 7. – GUIDELINES ON TOURIST GUIDES, COORDINATORS AND TOURIST ESCORTS’ DEPORTMENT.

The following guidelines on deportment shall be observed by all tourist guides, coordinators and escorts:
(a) No tourist guides, coordinators, and escorts shall conduct Business related to provisions of tour
services outside the Municipal Tourism Center.
(b) All tourist guides, coordinators, escorts shall display their identification card at all times while
conducting their trade.
(c) Proper grooming is a must for all tourist guides, coordinators and escorts.
PROPER GROOMING means neatness, cleanliness and wearing of presentable attire or wearing of
prescribed uniform, if there is any.
Page 27
(d) Assisting tourists or visitors by tourist guides, coordinators and escorts who are under the influence
of liquor is strictly prohibited.
(e) It is required of all tourist guides, coordinators and escorts that utmost courtesy, politeness and
hospitality must be observed while assisting tourists or visitors.
(f) Promotion of prostitution and prohibited drugs by tourist guides, coordinators and escorts is strictly
prohibited.
(g) It is strictly prohibited for tourist guides, coordinators and escorts to provide wrong information
tending to mislead tourists of facts prejudicial to the latter or to any third party.
(h) It is required of all tourist guides, coordinators and escorts to register incoming, booked or returning
guests at least an hour before their arrival so as to entitle them to assist such guests. Failure to
comply with this requirement losses one’s option to assist the aforementioned guests hence
assistance shall be given according to agreed sequence.
(i) No tourist guides, coordinators and escorts shall convince guests/tourists to transfer to other resorts
once they have check-in.
SECTION 8. – PENALTIES. The following penalties shall be imposed for violation of any provisions
of this Ordinance.
FIRST OFFENSE . . . . . . .Warning and a fine of ONE THOUSAND PESOS (₱1,000.00).
SECOND OFFENSE . . . .One (1) month suspension and fine of ONE THOUSAND FIVE HUNDRED PESOS
(₱1,500.00).
THIRD AND SUBSEQUENT OFFENSE . . . . . .Cancellation of Municipal License or Mayor’s Permit and a fine of
TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00), and imprisonment of not more than thirty (30)
days, dependent on the discretion of the court.
provisions are in conflict with, or contrary to, the provision of this ordinance are hereby repealed,
SECTION 10. – DATE OF EFFECTIVITY. This Ordinance shall take effect immediately upon approval
and proper publication.
ENACTED. FEBRUARY 6, 2002
( APPROVED: SP RESOLUTION NO. 02-411, dtd. 10-13-02)
i.1 MUNICIPAL ORDINANCE NO. 313, S. 2012; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 164 SERIES OF 2002 (AN ORDINANCE SETTING GUIDELINES TO REGULATE THE
OPERATION OF FOREIGN AND LOCAL TOURIST GUIDES, COORDINATORS AND TOURIST ESCORTS WITHIN
THE MUNICIPALITY OF MALAY).
SECTION 1. - RATIONALE. The increase of Tourist Guides, Coordinators and Escorts in the Island of
Boracay has become a significant and economically viable trade that the foreigners themselves have
entered into to facilitate the travel of their own countrymen visiting the Island. The amendment of the
existing Ordinance to include foreigners is thus fitting to further regulate this kind of venture and
safeguard the welfare of our foreign guests in Boracay Island.
SECTION 2. AMENDMENT. The title of Municipal Ordinance No. 164, Series of 2002 is hereby
“An Ordinance Setting Guidelines to Regulate the Operation of Foreign and Local Tourist Guides,
Coordinators, and Escorts within the Municipality of Malay, Aklan.”
SECTION 3. - AMENDMENT. Section 1 of M.O. No. 164, s. 2002 is hereby amended to read as
follows:
Page 28
xxxx
(a) TOURIST GUIDE – a local or foreign individual who guides tourists, both local or foreign, for a fee,
commission or any other form of lawful remuneration, within the Municipality of Malay, either as a
free-lancer or as an employee of any tourism related establishment. To guide, shall mean to lead the
way, to provide information and to professionally conduct tourists to desired destinations or activities.
(b) TOUR COORDINATOR – a local or foreign individual who is either a free lancer or employed in any tourist
establishment or agency who makes arrangements to provide various recreational activities to
tourists, local or foreign alike, such as snorkeling, diving, boating, island hopping, banana riding and
other similar activities.
(c) TOURIST ESCORT – a local or foreign individual who assists tourists, both domestic and foreign from
Caticlan or Mainland Malay and Boracay Island to any tourist establishments, destinations or
activities, for a fee, commission or any other form of lawful remuneration, within the Municipality of
Malay. To assist means to provide ease and convenience to tourists while in transit to a desired
destination or while in attendance of an activity.”
xxxx
follows:
“Section 3. REGISTRATION AND LICENSING. All local or foreign tourist guides, coordinators and escorts are
required to register with the Local Government of Malay and annually secure a Municipal
License or Mayor’s Permit, the absence of both shall prohibit such tourist guides, coordinators
and escorts to conduct their trade within this Municipality.”
follows:
“Section 4. PRE-REQUISITE DOCUMENTS FOR REGISTRATION AND LICENSING. Local or Foreign Tourist Guides,
Coordinators and Escorts shall submit the following as pre-requisites for registration and
issuance of Municipal License or Mayor’s Permit:”
xxxx
SECTION. 6. - AMENDMENT. Section 4 (b) and (c) of M.O. No. 164, s. 2002 are hereby amended to
read as follows:
xxxx
“(b) Foreign Tourist Guides, Coordinators and Escorts:”
xxxx
“(c) For Local and Foreign tourist guides, coordinators and escorts employed by resorts, hotels, lodging
houses and other similar establishments:”
xxxx
SECTION 7. - AMENDMENT. Section 5 of M.O. No. 164, s. 2002 is hereby amended to read as follows:
“Section 5. FEES. REGISTRATION AND LICENSING. Local and Foreign Tourist Guides, Coordinators and Escorts
shall pay to the Municipal Treasurers Office one time registration fee and an annual municipal
license fee based on the following rates:
R E G I S T R A T I O N F E E
Tourist Guide Php 3,000.00 Php 3,000.00 Php 10,000.00

Tour Escort 1,000.00 1,500.00 10,000.00
Tour Coordinator 1,000.00 1,500.00 10,000.00
(Free Lancer)
Page 29
ANNUAL LICENSE FEE
Tourist Guide Php 5,000.00 Php 5,000.00 Php 10,000.00

Tour Escort 2,000.00 2,500.00 10,000.00
Tour Coordinator 2,000.00 2,500.00 10,000.00
follows:
“Section 7. GUIDELINES ON LOCAL AND FOREIGN TOURIST GUIDES, COORDINATORS AND ESCORTS’ DEPORTMENT. The
following guidelines on deportment shall be observed by all tourist guides, coordinators and
escorts:”
xxxx
follows:
“Section 8. PENALTIES. The following penalties shall be imposed for violation of any provisions of this
Ordinance.
FIRST OFFENSE . . . . . . . Warning and a fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00)
SECOND OFFENSE. . . . . . One (1) month suspension and fine of TWO THOUSAND FIVE HUNDRED PESOS
(Php2,500.00).”
THIRD AND SUBSEQUENT OFFENSES – Cancellation of Mayor’s Permit and a fine of TWO THOUSAND FIVE
HUNDRED PESOS (Php2,500.00) or imprisonment of not more than thirty (30) days or both, at the
discretion of the Court.”
SECTION 10. - DATE OF EFFECTIVITY. This Ordinance shall take effect upon approval and proper
publication.
j) MUNICIPAL ORDINANCE NO. 168, S. 2002; “AN ORDINANCE REQUIRING MOVIE OUTFITS,
TELEVISION COMPANIES, ADVERTISING AGENCIES AND OTHER COMMERCIAL ENTITIES TO
SECURE MAYOR’S PERMIT BEFORE UTILIZING ANY PLACE WITHIN THE MUNICIPALITY OF
MALAY AS VENUE FOR FILMING OR CONDUCTING ACTIVITIES FOR PROFIT OR TO PROMOTE A
PARTICULAR PRODUCT OR SERVICE.
SECTION 1. – REQUIRING ACTS. It shall be required of all movie outfits, television companies,
advertising agencies and other commercial entities to secure a Mayor’s Permit before conducting any
activity or event utilizing any place or venue within the Municipality of Malay. All movie outfits, television
companies, advertising agencies and other commercial entities requesting for Mayor’s Permit to conduct
filming or activities shall pass the review of Review Committee created by the Local Chief Executive and
subsequent endorsement of the Sangguniang Bayan of Malay.
SECTION 2. – DEFINITION OF TERM.
COMMERCIAL ENTITY – a duly registered business establishment under Philippine Laws operating for profit.
SECTION 3. – PENALTIES. Entities violating any provision of this ordinance shall suffer the
following penalties:
a) Cessation of activity or event violating this ordinance.
b) Confiscation of the film used in the aforementioned activity or event.
c) Dismantling of structures, if applicable, at the expense of the activity proponent;
d) A fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)

Page 30
SECTION 4. – REPEALING CLAUSE. Any ordinance inconsistent herewith is hereby repealed or modified.
j.1 MUNICIPAL ORDINANCE NO. 287, s. 2010; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO.168, SERIES OF 2002, THEREBY OMITTING THE ENDORSEMENT OF
THE SANGGUNIANG BAYAN AS ONE OF THE REQUESITES FOR THE ISSUANCE OF
MAYOR’S PERMIT TO ENTITIES UTILIZING ANY PLACE WITHIN THE MUNICIPALITY OF
MALAY AS VENUE FOR FILMING OR CONDUCTING ACTIVITIES FOR PROFIT OR TO
PROMOTE A PARTICULAR PRODUCT AS SERVICE.
SECTION 1. – RATIONALE. Issuance of a permit in conducting any legitimate activity within a given
jurisdiction is an executive prerogative hence this piece of legislation. Further this legislation is in
consonance with the provisions of the Citizens Charter of Malay in line with Republic Act 9484 or better
known as the Anti-Red Tape Act of 2007.
SECTION 2. – SANGGUNIANG BAYAN ENDORSEMENT. REMOVAL. PARAGRAPH B, SECTION 1. MUNICIPAL

ORDINANCE NO. 168, SERIES OF 2002. Paragraph b of Section 1 of Municipal Ordinance No. 168, series of
2002, is hereby amended to be read as follows:
“All movie outfits, television companies, advertising agencies and other commercial entities requesting for
Mayor’s Permit to conduct filming or activities shall pass the review of the Review Committee created by the
Local Chief Executive and favorable recommendation of the said committee is one of the requisites for the
issuance of the same.”
SECTION 3. – REPEALING CLAUSE. All ordinances, resolutions, orders and decrees as parts thereof
which are inconsistent with any provision of this ordinance are hereby repealed or modified accordingly.
SECTION 4. – DATE OF EFFECTIVITY. This ordinance shall take effect upon approval.
k) MUNICIPAL ORDINANCE NO. 168-A, S. 2002; “AN ORDINANCE IMPOSING RENTAL FEES TO
MOVIE OUTFITS, TELEVISION COMPANIES, ADVERTISING AGENCIES AND OTHER COMMERCIAL
ENTITIES UTILIZING THE MUNICIPALITY OF MALAY AS VENUE FOR FILMING OR CONDUCTING
ACTIVITIES FOR PROFIT OR TO PROMOTE A PARTICULAR PRODUCT OR SERVICE.
SECTION 1. – POLICY STATEMENT. It is the policy of the local government of Malay to ensure the
maintenance of order and cleanliness within the Municipality of Malay in order to provide quality
experience to both the local community and tourists.
SECTION 2. – REQUIRING ACT. No movie outfit, television company, advertising agency and other
commercial entity shall be granted a Mayor’s Permit without payment of Rental Fees for using the
Municipality of Malay as venue for filming or conducting activities for profit or to promote a particular
product or service.
COMMERCIAL ENTITY – a duly registered business establishment under Philippine Laws operating for profit.
RENTAL FEES – an amount to be collected by the local government of Malay for services rendered to
commercial entities utilizing the Municipality of Malay for full merchandising and as a venue for filming,
conducting activities for profit or promotion of product or service.
Page 31
SECTION 4. – SCHEDULE OF CHARGES.
MOVIE/TELEVISION PROMOTIONAL FILMING ACTIVITIES/EVENTS

For International Audience ₱ 50,000.00 ₱50,000.00
For National Audience 30,000.00 50,000.00
For Local Audience 20,000.00 10,000.00
SECTION 5. – LIMITATIONS. ADDITIONAL FEES. The rates stipulated herein are good for the first
three days of activities. Subsequent days beyond three (3), an additional amount of TEN THOUSAND
PESOS (₱10,000.00) per day shall be charged over and above the base rate.
SECTION 6. – PAYMENT OF RENTAL FEES. Rental Fees shall be paid to the Municipal Treasurer of
Malay in cash, check or similar bank instrument.
SECTION 7. – ALLOCATION OF RENTAL FEES. Collection of Rental Fees shall go to a Trust Fund
earmarked for the maintenance, cleanliness and preservation of all public places in the Municipality of
Malay.

modified.
SECTION 9. – EFFECTIVITY. This ordinance shall take effect upon approval and proper publication.
l) MUNICIPAL ORDINANCE NO. 175, S. 2002; “AN ORDINANCE PROHIBITING VENDING IN PUBLIC
MARKET ALLEYS AND PASSAGEWAYS AND IN PUBLIC ROADS OR STREETS WITHIN TWO
HUNDRED (200) METER RADIUS OF THE MUNICIPAL PUBLIC MARKET.
(SPONSOR: HON. RALF A. TOLOSA)
SECTION 1. VENDING PROHIBITION. It is strictly prohibited of any person to vend or sell goods of
any nature in public market alleys and passageways and in the municipal road leading to the Public
Market from the national highway.
SECTION 2. EXEMPTION. Prohibition shall not apply in cases of exposition, exhibition, agricultural
and commercial fair to which a written special permit is granted by the Municipal Mayor specifying the
extent of use and duration of occupation of any of the aforementioned areas.
SECTION 3. VENDING. WITHIN PRIVATE LOTS ALONG THE ROAD. Vending in private lots along the
road leading to the market may be permitted provided that proper municipal license and other
requirements are complied with. However, vending of fish, meat and mussels shall not be allowed in the
said areas.
SECTION 4. PENALTY. Persons who violate any provisions of this ordinance shall be fined FIVE
HUNDRED PESOS (P500.00) and confiscation of goods or items which were objects of violation.
SECTION 5. Repealing Clause. Any ordinance inconsistent herewith is hereby repealed or

modified.
SECTION 6. EFFECTIVITY. This ordinance shall take effect upon approval and proper publication.
ENACTED. AUGUST 7, 2002.
(APPROVED: SP RESOLUTION NO. 03-121, dtd.4-4-03)

Page 32
m) MUNICIPAL ORDINANCE NO. 181, S. 2002; “AN ORDINANCE REGULATING ACTIVITIES OF

VENDORS, PEDDLERS, AMBULANT MASSEURS AND MANICURISTS IN THE ISLAND OF BORACAY
AND PROVIDING PENALTIES FOR VIOLATION THEREOF.”
(EXPLANATORY NOTE:) The tourism boom in the Island of Boracay brings a lot of livelihood opportunities
to both Malaynons and non- Malaynons. Evidently these opportunities attract a great number of vendors,
peddlers, masseurs and manicurist to the Island and their number is increasing as the industry grows
steadily. With this influx, it is imperative for the Local Government of Malay, through the Sangguniang
Bayan, to formulate the necessary ordinance to regulate their transactions and activities in consonance
with the transactional standards required of a tourism based community. With this ordinance,
relationship between and among these vendors, peddlers, masseurs and manicurists shall be varnished
for the betterment of the services and goods they offer to their clients within the territorial jurisdiction of
Malay.
STATIONARY VENDOR – pertains to a person or entity who regularly sells souvenir items, shades, watches
and other personal effects in a particular place designated by LGU-Malay for vending purposes.
TRANSIENT VENDOR/MERCHANDISER – a person or entity who vends or merchandises a particular product or

service not in a regular basis but intermittently.
FRUIT PEDDLER/VENDOR – pertains to a mobile person or entity who regularly sells fruits of any kind.
MANICURIST – one who cares or treats of the hands and fingernails, this includes the care of the feet and
toenails.
MASSEURS – one who engages in a system of remedial treatment consisting of kneading, rubbing and
otherwise manipulating a part or the whole of the body with the use of hands.
SECTION 2. – GENERAL REGULATORY POLICIES. It is mandatory for all vendors, peddlers, ambulant
masseurs and manicurists in the Island of Boracay to observe the following general regulatory policies:
a) Only vendors, masseurs and/or manicurists duly accredited by Malay- Boracay Vendors, Peddlers,
Ambulant Masseurs and Manicurists Association (MABOVEN) may market their goods or services, as
the case maybe, within the Island of Boracay.
b) Only vendors, peddlers, ambulant masseurs and manicurists with Mayor’s Permit or license to
engage in trade or business shall be permitted to market their goods or services within the Island of
Boracay.
c) No Mayor’s Permit shall be issued to any vendor, peddler, ambulant masseurs and manicurists unless
the following are complied:
c.1 Attendance and completion in an LGU – Sponsored Seminar, or its equivalent, on

customer’s relation and skills upgrading;
c.2 Accreditation by Malay-Boracay Vendors, Peddlers and Ambulant Masseurs and Manicurists
Associations (MABOVEN) and proper endorsement has been made by the aforesaid
association;
d) A uniform and identification card shall be prescribed by the Office of the Mayor for each group and
the same shall be worn before any vendor, peddler and ambulant masseur and manicurist shall be
permitted to market or practice his/her trade within the Island of Boracay.
e) It shall be the duty of vendors, masseurs and manicurists to maintain cleanliness of surroundings at
all times, to properly dispose their respective garbage or residue.
SECTION 3. SPECIFIC REGULATORY POLICIES. CONDUCT OF TRADE. Following specific regulatory

policies on the conduct of trade shall be strictly observed:
a) AMBULANT MASSEURS/MANICURISTS
a.1) The LGU shall designate areas along the main beach located within the vegetation area for
ambulant masseurs and manicurists to conduct their respective trade.
Page 33
a.2) Ambulant masseurs/manicurists are strictly prohibited to market their services on the beach;
a.3) Massage activities shall be done within the designated area for masseurs and on the beach
directly adjacent to the aforementioned designated area but in no case beyond three (3) meters
from the edge of the vegetation area, offshore.
a.4) Manicurists may conduct their manicuring activities only within the designated area for
ambulant manicurists, provided that shall not be done in front of restaurants.
a.5) A uniform service rates shall be charged by the masseurs and manicurists, respectively.
b) STATIONARY VENDORS
b.1) The LGU shall designate areas along the main beach located within the vegetation area for
stationary vendors to vend their wares. Stationary vendors however may utilize a particular
space in front of a resort for vending provided that a written permission is issued by the resort
owner and provided further that the space occupied does not extend to the path road.
b.2) Stationary vendors are strictly prohibited to display and/or vend their wares while in transit.
b.3) A display stand may be used by the stationary vendors for their wares provided it shall not be
more than the prescribed size of four (4) feet in height and four (4) feet in width made of either
wood or steel. The said stand must be removed from the vending area when not in use. No other
structure is permitted in the said area other than the aforementioned stand.
c) FRUIT PEDDLER/VENDORS
c.1) Ambulant peddling or vending of fruits may be permitted only on the path road hence activity
of this nature is strictly prohibited on the beach area. Vending of fruits may be permitted in
resort areas provided the owner permits the same.
d) TRANSIENT VENDORS/PEDDLER/MERCHANDISERS
d.1) Transient vendors/peddlers and/or merchandisers are strictly prohibited on the beach area,
path road and within the resort areas.
d.2) Payment of security deposit of TWO THOUSAND PESOS (₱2,000.00), per

vendor/merchandiser, shall be made before engaging in vending or merchandising activity,
as prescribed by Municipal Ordinance No. 2002-132.
SECTION 4. PENALTIES. Violation of any provisions of this ordinance shall suffer the following
penalties:
FIRST OFFENSE....... Stern warning and a fine of FIVE HUNDRED PESOS (₱500.00). Confiscation of
goods or wares which are objects of violation.
SECOND AND SUBSEQUENT OFFENSES . . . Fine of ONE THOUSAND PESOS (₱1,000.00) and cancellation of
Mayor’s Permit or license to engage in trade and or imprisonment of not more than ten (10) days not
less than two (2) days. Confiscation of goods or wares which are objects of violation.
SECTION 6. EFFECTIVITY. This Ordinance shall take effect upon approval and proper publication.
n) MUNICIPAL ORDINANCE NO. 183, S. 2003; “AN ORDINANCE REGULATING THE USE OF TABLES
AND CHAIRS WITHIN THE PATH ROAD, VEGETATION AND NO BUILD ZONE AREAS ALONG THE
BEACHFRONT IN BORACAY ISLAND.
SECTION 1. – STATEMENT OF POLICY. The Municipal Government of Malay, as a matter of policy,

shall exercise regulatory functions within its authority to provide equal access in utilizing the beachfront
particularly the vegetation area, for the use of visitors and guests of resorts, cottages and other
establishments for accommodation other than those located along the beachfront.
Page 34
SECTION 2. – REGULATING ACT. During daytime tables and chairs are strictly prohibited within the
path road/main road and the vegetation area. At sunset however, tables and chairs are allowed within
the vegetation area provided that it shall not be beyond twenty (20) meters from the beach and the
vegetation area boundary line moving in land but in no case shall extend on the path road and provided
further that the following conditions are complied:
a) That the vegetation area shall be free of chairs and tables before sunrise;
b) That the proprietor occupant has the responsibility to maintain order and cleanliness of the
aforementioned area;
c) That piling of chairs and tables in the said area is strictly prohibited at all times;
d) That the proprietor occupant shall be liable for injury to person or destruction of personal property
resulting from failure of the said proprietor occupant to maintain safety measures within the
aforementioned area;
e) That the proprietor occupant shall maintain access for pedestrians to the beach;
SECTION 3. – EXEMPTION. TABLES FOR PERSONAL EFFECTS WHILE SUNBATHING. Small tables 1.5 feet x
1.5 feet in size but in no case beyond 2 feet in height may be permitted within the no build zone area
provided it shall be specifically used as receptacle for
personal effects of the sunbathing guest. Provided further that such tables shall be removed from the
said area once not in use.
DAYTIME – a time frame from sunrise to 5:00 P.M.
PATH ROAD – a portion of four- (4) meter wide on the beachfront used mainly for pedestrian traffic.
TABLES AND CHAIRS – articles of furniture, of any make, fixed or movable, used to provide ease and
convenience to individuals in eating and/or seating or purely for relaxation.
VEGETATION AREA – refers to the portion of the beach immediately adjacent to the path road or the main
road, as the case may be, where plants thrive.
BEACH AND VEGETATION AREA BOUNDARY LINE – a demarkation separating the beach and the vegetation
area denominated by the outermost growing plant, e.i coconut trees, fronting the beach moving towards
the shoreline.
MEAN HIGH WATER MARK – the part of the seashore between the upper limits of the wave wash at the
highest tide of the year and the upper limits of the wave wash during normal high tides of the year.
SECTION 5. – PENALTY. Person or entities who violate any provision of this ordinance shall suffer
the following penalties:
a) A fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)
b) Imprisonment of not more than fifteen (15) days at the discretion of the court.
c) Confiscation of objects of violation.

modified.

Page 35
o) MUNICIPAL ORDINANCE NO. 191, S. 2003; “AN ORDINANCE REGULATING THE INSTALLATION
OF WINDBREAKERS ALONG THE BEACH IN THE ISLAND OF BORACAY.”
SECTION 1. – SPECIFICATIONS. WINDBREAKER. Any entity, natural or juridical, installing a

windbreaker at any place along the beach in the Island of Boracay shall comply with the following
specifications:
a) It shall be of temporary nature.
b) The covering shall be made of a transparent materials like nets or a plastic mesh allowing visibility
on both sides.
c) It shall be installed within three (3) meters from the edge of the path road seaward but in no case
beyond the vegetation line.
d) Use of coconut leaves or other related indigenous materials are prohibited.
SECTION 2. – WINDBREAKER DISMANTLING. The windbreaker shall be voluntarily dismantled by

the owner when it has already outlived its purpose. Prolonged retention of such shall be subject to a
notice of dismantling upon which said owner shall comply within seven (7) days from receipt thereof.
Failure to do so, the Local Government of Malay shall dismantle the same at the owner’s expense.
SECTION 3. – PENALTY. Violation of the provisions of this Ordinance shall be subject to the
following penalties:
FOR VIOLATING SECTION 1 - Dismantling of the volatile windbreaker and a fine of ONE THOUSAND PESOS
(₱1,000.00). If the owner fails to institute corrective measures within fifteen (15) days from receipt of
notice of violation, the LGU through the Office of Municipal Engineer shall dismantle the said
windbreaker at the owner’s expense.
FOR VIOLATING SECTION 2 – A fine of ONE THOUSAND PESOS (₱1,000.00) per day to be reckoned from the
day after a notice of dismantling has been served until such windbreaker has been totally dismantled.
(APPROVED. SP RESOLUTION NO. 03-282, dtd.8-8-03)
p) MUNICIPAL ORDINANCE NO. 198, S. 2003; “AN ORDINANCE REGULATING RECLAMATION

AND/OR CONSTRUCTION OR INSTALLATION OF STRUCTURES IN WATERWAYS, SWAMPS,
ESTUARIES, LAKES, LAGOONS AND OTHER SIMILAR BODIES OF WATER WITHIN THE
TERRITORIAL JURISDICTION OF MALAY AND PROVIDING PENALTIES FOR VIOLATION
THEREOF”
(SPONSOR: HON. ALLAN T. BIGUEJA)
SECTION 1. – REGULATORY POLICY. It shall be prohibited of any person, natural or juridical, to

reclaim and/or construct or install structures of any nature in waterways, swamps, estuaries, lakes,
lagoons and other similar bodies of water within the territorial jurisdiction of Malay.
SECTION 2. – DEFINITION OF TERMS. As used in this ordinance the following terms or phrases shall
mean:
NATURAL EMBANKMENT – a protecting or supporting bank created by the natural flow or activity of water;
WATERWAYS – nature or man-made excavations intended to permit the flow of water freely;
LAGOON – a body of shallow salt or fresh water, as a bay or inlet or a pond or lake, separated from but
connecting with the sea or usually connecting with a river or lake, as the case may be;
ESTUARY – the wide mouth of a river where it is met or invaded by the sea;
Page 36
OTHER SIMILAR BODIES OF WATER – pertain to rivers, springs, creeks, streams, brooks and other related
nature made flowing waters.
SECTION 3. – MANDATORY SETBACK. For purposes of construction or installation of structures,

any person, natural or juridical, shall observe the required five (5) meter setback from the natural
embankment of any waterways, swamps, estuaries, lakes, lagoons and other similar bodies of water.
Existing structures within five (5) meter setback shall be given one (1) year moratorium from
the effectivity of this ordinance. The aforesaid structure shall be voluntarily removed by the owner,
otherwise, LGU Malay shall remove the same, after expiration of the one (1) year moratorium, at the
owner’s expense.
SECTION 4. – REGULATED RECLAMATION. Reclamation of low level areas along waterways,

swamps, estuaries, lakes, lagoons and other similar bodies of water may be permitted provided that such
shall not extend beyond the natural embankment and the following clearances, endorsement and permit
are properly secured:
4.a) Clearance from the Municipal Zoning Office and the Municipal Engineering Office;
4.b) Sangguniang Bayan Endorsement
4.c) Mayor’s Reclamation Permit
SECTION 5. – PENALTIES. Any person, natural or juridical who reclaims and/or construct or
install any structure in violation of any provision of this ordinance shall be meted the following penalties:
a) Stoppage of work and demolition of the same and a fine of TWO THOUSAND FIVE HUNDRED PESOS
(₱2,500.00) and an imprisonment of not less than three (3) months and not more than six (6)
months or both fine depending on the discretion of the court.
b) If the violator ignores Notice of Stoppage and Demolition, the LGU-Malay shall demolish the same at
the owner’s expense after fifteen (15) day notice of demolition.
SECTION 6. – AMENDATORY CLAUSE. Any Ordinance, rules and regulations, or parts thereof, whose
provisions are in conflict with, or contrary to the provisions of this Ordinance are hereby repealed,
(APPROVED. SP RESOLUTION NO. 04-138, dtd. 6-18-04.)
q) MUNICIPAL ORDINANCE NO. 203, S. 2003; “AN ORDINANCE REGULATING THE

ACTIVITIES OF MOBILE PHOTOGRAPHERS PRACTICING THEIR TRADE OR CALLING WITHIN THE
TERRITORIAL JURISDICTION OF MALAY AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
SECTION 1. RATIONALE. Tourism in Malay has created a lot of livelihood opportunities not only
to Malaynons but for non-Malaynons as well. One of the beneficiaries of those opportunities are the
mobile photographers. To set standards for transactional activities in this regard, the Sangguniang Bayan
formulates this ordinance.
SECTION 2. MAYOR’S PERMIT REQUIREMENT. It should be mandatory for all active mobile
photographers practicing their trade or calling within the Municipality of Malay to secure the required
Mayor’s Permit from LGU-Malay. For purposes of this ordinance, the term active mobile photographer
refers to those who record or take pictures of activities outside photography studios for a fee, in cash or
in kind.
SECTION 3. GENERAL REGULATORY POLICIES. It is mandatory of all active mobile photographers

practicing their trade or calling within the Municipality of Malay to observe the following regulatory
policies:
Page 37
a) Only photographers with Mayor’s Permit or license issued by LGU-Malay may engage in mobile
photography trade or calling;
b) No Mayor’s Permit shall be issued to any photographer unless the following requirement are
complied:
b.1) Membership and endorsement of a duly LGU-Malay accredited Photographers Association

Cooperative or agrupation.
b.2) Police Clearance and Court Clearance – Municipality of origin.
b.3) Working Visa – for foreigners only.
b.4) Payment of appropriate fees and other LGU charges.
SECTION 4. SPECIAL EXEMPTION. Photographers brought by sponsors of a special event shall not
be required to secure a Mayor’s Permit to practice their trade or calling within the territorial jurisdiction
of Malay. They however shall limit their professional engagement within the special event they were
brought in for.
SECTION 5. PROPER DEPORTMENT. Photographers shall strictly observe the following:
1) Utmost courtesy, politeness, hospitality and honesty must be observed at all times when dealing with
guests and/or clients;
2) Display of Identification Card must be done while conducting trade or calling;
3) Promotion of prostitution and prohibited drugs is strictly prohibited;
4) Conducting trade or calling while under the influence of alcohol, illegal drugs and/or intoxicating
liquid or substance is strictly prohibited;
5) Taking lewd and/or excessively erotic pictures is prohibited.
For purposes of this ordinance, lewd and/or excessively erotic refers to pictures of nudity or
lustful and carnal acts that are offensive to propriety.
SECTION 6. PENALTY. A photographer who violates any provision of this ordinance shall suffer
the following penalties:
FIRST OFFENSE – A fine of no more than FIVE HUNDRED PESOS (₱500.00) and a stern warning;
Confiscation of camera with the film subject of violation.
SECOND OFFENSE – A fine of no more than ONE THOUSAND PESOS (₱1,000.00) and suspension of Mayor’s
Permit or license for one (1) month; Confiscation of camera with the film subject of violation.
THIRD AND SUBSEQUENT OFFENSES – A fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or
imprisonment of no less than three (3) days but in no case more than thirty (30) days or both upon the
discretion of the court. Cancellation of Mayor’s Permit or license to engage in photography, trade or
calling and confiscation of camera with the film object of violation.
SECTION 7. AMENDMENT. Any ordinance, rules and regulations, or parts thereof, provisions of
which are in conflict with, or contrary to the provisions of this ordinance are hereby repealed, amended
and modified accordingly.
publication.

Page 38
r) MUNICIPAL ORDINANCE 204, S. 2004.“AN ORDINANCE REGULATING DISPLAY OR HANGING OF

ADVERTISING AND/OR MERCHANDIZING POSTERS, STREAMERS, PLACARDS, BILLBOARDS AND
OTHER SIMILARLY RELATED ADVERTISING MATERIALS WITHIN THE TERRITORIAL
JURISDICTION OF LGU-MALAY AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
SECTION 1. – RATIONALE. It has been observed that a number of business entities aggressively
advertise their products or services within the Municipality of Malay, particularly during the summer
season. The absence of a more responsive ordinance to regulate this kind of activity results to the
disarray of advertising materials in public places, particularly areas along the path road in Boracay
Island. With proper order in mind, the Sangguniang Bayan of Malay promulgates this piece of legislation.
SECTION 2. MAYOR’S PERMIT REQUIREMENT. It shall be mandatory for any entity, natural or
juridical, to secure a Mayor’s Permit before engaging in any form of advertising or merchandizing within
the territorial jurisdiction of the Municipality of Malay. Payment of appropriate regulatory fees and
charges thereof shall likewise be made to the Office of the Municipal Treasurer. Only event organizers
and advertising entities accredited by LGI-Malay shall be issued Mayor’s Permit to engage in the same.
SECTION 3. – BOND REQUIREMENT. Event organizers and/or advertising entities shall post a Cash
Bond of TWENTY THOUSAND PESOS (₱20,000.00) per merchandising activity or event. Any expense
incurred by LGU-Malay in reference to paragraph (e) Section 6 of this ordinance shall be charged against
this bond. Should there be no expense or any amount left out of the bond shall be refunded to the
organizer or advertising entity who posted the same.
SECTION 4. – ADVERTISING FEE.
A) An advertising fee of ONE HUNDRED PESOS (₱100.00) per piece of streamer, poster, placards and
other similarly related advertising materials the measurement of which shall not be more than 6 feet
x 3 feet or 18 square feet.
The aforequoted advertising fee shall only be good for thirty (30) days exposure or less.
Payment of the same amount shall be required before extension of duration of exposure shall be
granted provided that the total days of exposure shall not be more than ninety (90) days.
B) For advertising materials other than mentioned in paragraph A of this Section, the following
advertising fee shall be charged:
1) Paraw . . . . . . . . . . . . . . . . . . . . ONE HUNDRED PESOS (₱100.00) per sail.

2) Pumpboats . . . . . . . . . . . . . . . . ONE HUNDRED PESOS (₱100.00) per pumpboat.
3) Land Transportation . . . . . . . . . . ONE HUNDRED PESOS (₱100.00) per unit
SECTION 5. ADVERTISING ZONES. For purposes of this ordinance, the public places and major
thoroughfares of Malay are divided into the following advertising zones:
a) ZONE 1 – Caticlan National Highway from Malay-Nabas boundary to Sitio Bacolod road – National
Highway junction, to include all access roads leading to Caticlan Jetty Port from the National
Highway.
b) ZONE 2 – Boracay path road, to include all vegetation areas along the beach from Angol Point to
Pinaungon and all Boat Stations (Stations 1, 2 and 3) along the front beach.
c) ZONE 3 – Boracay Main Road (Provincial Road).
d) ZONE 4 – All access roads in Boracay from the main road to the front beach or to other areas of
destination.
e) ZONE 5 – All other areas within the territorial jurisdiction of LGU Malay.
SECTION 6. ADVERTISING/MERCHANDIZING REGULATORY POLICIES. All entities, natural or juridical,

shall observe the following regulatory policies:
a) Only one (1) type or class of streamers, placards, posters and/or other similarly related advertising
materials shall be displayed or posted in a particular advertising zone designated by this ordinance.
b) Except in event area, advertising billboards are strictly prohibited within Zone 2.
Page 39
c) Display of advertising materials for all Zones shall be for the duration indicated in the Mayor’s Permit
application which in no case be more than thirty (30) days. Extension however, may be sought
before the Office of the Mayor provided that such extension complies with the limitations provided
by this ordinance.
d) Display of advertising materials of the same product or service shall not be more than one hundred
(100) pieces per zone, except for Zone 4, which is limited to ten (10) per access road and the Boat
Stations which shall only be one (1) piece per station.
e) Cleaning up and/or dismantling of advertising materials shall be the sole responsibility of the
advertising entity that installed the same. Should this advertising entity fails to dismantle or remove
the afore-stated materials, the same shall be dismantled or removed by LGU-Malay at the expense of
the advertising entity that installed the same without prejudice to the other penalties imposable
thereto by this ordinance.
Expenses for dismantling done by LGU-Malay shall be charged against the posted Bond of the
merchandiser or sponsoring entity, as provided by this ordinance.
SECTION 7. - ADVERTISING MATERIALS IN AN EVENT AREA. Provisions of Section 4 paragraph d shall

not apply in an event area where a special permit has been granted by LGU Malay. The number of
advertising materials is deregulated but the duration of exposure however shall be limited to the number
of days upon which the event is held.
SECTION 8. PENALTIES. Penalties shall imposed upon any person, natural or juridical, who
violates the following provisions:
a) FOR VIOLATING SECTION 2 – TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)for billboards and
FIVE HUNDRED PESOS (₱500.00) per piece for other advertising materials and immediate removal of
the same. If the responsible entity fails to remove the afore-stated materials, LGU Malay shall
removed the same at the expense of the former.
b) FOR VIOLATING SECTION 6 – A fine of THREE HUNDRED PESOS (₱300.00) per piece of advertising
material which is not of the same type, or in excess of the required number or has not been removed
after duration has expired, as the case maybe, plus immediate removal of said materials by the entity
that installed the same.
SECTION 9. AMENDMENTS. Any ordinance, rules and regulations, or parts thereof, provisions of
publication.
(APPROVED. SP RESOLUTION NO. 04-175, dtd. 10-6-04).
s) MUNICIPAL ORDINANCE NO. 208, S. 2004; “AN ORDINANCE REQUIRING LGU-MALAY

ACCREDITATION BEFORE ANY EVENT ORGANIZER AND ADVERTISING ENTITY, NATURAL OR
JURIDICAL, MAY BE ISSUED MAYOR’S PERMIT TO ENGAGE IN ANY EVENT OR ADVERTISING
ACTIVITY WITHIN THE JURISDICTION OF THE MUNICIPALITY OF MALAY.”
SECTION 1. – RATIONALE. The proliferation of fly-by-night event organizers and advertising

entities in Boracay, in the past few years, contributed to the indiscriminate hanging of streamers and
other advertising materials in the Municipality of Malay, particularly Boracay Island. Compounding this
problem is the failure of these fly-by-night event organizers and advertising entities to clean up the mess
resulting thereof. Requiring local accreditation will definitely assure LGU-Malay that only legitimate and
responsible entities may engage in such activity thereby insuring a cleaner and healthy environment in
the Municipality of Malay, particularly Boracay.
SECTION 2. – REQUIRING ACT. No event and/or activity organizer and advertising entity shall be
issued Mayor’s Permit to engage in the conduct of any event and/or advertising activities within the
municipal jurisdiction of Malay without having accredited by the local government of Malay.
Page 40
SECTION 3. – ACCREDITATION REQUIREMENTS APPROVAL. Accreditation may be approved by the

Sangguniang Bayan of Malay provided the following requirements are complied:
a) Letter of intent addressed to the Sangguniang Bayan of Malay.
b) Submission of the following proofs of legal personality or existence:

1. SEC Registration DTI/or CDA Registration
2. TIN
c) Payment of Accreditation Fee
SECTION 4. – ACCREDITATION FEE. Applicants for accreditation, under this ordinance, shall pay an
accreditation fee in the amount of FIVE THOUSAND PESOS (₱5,000.00) upon submission of application,
refundable if such application is denied approval.
SECTION 5. – ACCREDITATION. EFFECTIVITY. This accreditation shall be effective for three (3) years
from approval thereof. Renewal of the same may be granted by submitting a letter of intent with the
Sangguniang Bayan of Malay and payment of the required accreditation fee with the Office of the
Municipal Treasurer.
SECTION 6. – PENALTY. Any entity, natural or juridical, who violates any provision of this
ordinance shall suffer an administrative fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)
and/or temporary or perpetual ban of such violator to engage in the conduct of an event or advertising
activity within the municipal jurisdiction of Malay, imprisonment not less than one (1)month and not
more than six (6) months.
which are conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended
SECTION 8. – EFFECTIVITY. This ordinance shall take affect upon its approval and proper
publication.
t) MUNICIPAL ORDINANCE NO. 209, S. 2004, “AN ORDINANCE PROHIBITING LIGHTED

ADVERTISING SIGNAGES IN THE ISLAND OF BORACAY AND PRESCRIBING PENALTIES FOR
VIOLATION THEREOF.
SECTION 1. – RATIONALE. With the intention of maintaining the natural scenery and atmosphere
of Boracay particularly during nighttime, the Sangguniang Bayan promulgates this piece of legislation.
SECTION 2. – LIGHTED ADVERTISING SIGNAGES. PROHIBITION. Lighted advertising signages are

strictly prohibited in the Island of Boracay. For purposes of this ordinance, lighted advertising signages
pertain to any form and/or type of signages illuminated by electrical current or related energy, the text or
print of which is mainly the product or service being advertised.
SECTION 3. – LIGHTED SIGNAGES. EXEMPTION. Signages of resorts and other related establishments
shall not be covered by the provisions of this ordinance provided that:
a) The total size or area must not be more than eight (8) square feet.
b) If the signage is sponsored by an entity, commercial or otherwise, the area allocated for the
sponsoring entity shall not exceed one eight (⅛) of the total signage size.
SECTION 4. – MORATORIUM. EXISTING LIGHTED SIGNAGES. Any existing lighted signages which do
not conform with the specification provided by this ordinance shall be given one (1) year moratorium
from the date of effectivity of this ordinance after which said signages shall be voluntarily removed by the
owner. Signages not removed after the moratorium, shall be removed by LGU-Malay at the expense of the
owner.
SECTION 5. – PENALTY. Any entity, natural or juridical, who violates any provision of this
ordinance shall suffer an administrative fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) plus
removal of the signage which is object of violation. If the aforesaid signage is removed by LGU-Malay, the
expense incurred therein shall be charge to the signage owner.
Page 41
SECTION 7. – EFFECTIVITY. This ordinance shall take affect upon its approval and proper
publication.
(APPROVED. SP RESOLUTION NO. 04-040, dtd 7-21-04)
u) MUNICIPAL ORDINANCE NO. 215, S. 2004, “AN ORDINANCE PROVIDING GUIDELINES FOR THE
INSTALLATION OF ALL TYPES OF CABLE WIRES ALONG THE PATH ROAD IN BORACAY.
SECTION 1. – RATIONALE. Observable is the presence of tangled cable wires, of all sorts, along the
path road in Boracay. This situation poses danger to the promenading tourists and passers-by not to
mention being an eyesore in the most beautiful part of the island, the long beach. Hence this piece of
legislation.
SECTION 2 – DEFINITION OF TERMS AND/OR PHRASES. For purposes of this ordinance, the following
terms and/or phrases shall mean:
PATH ROAD – refers to the long stretch of road serving as a walk way located along the long beach in
Boracay Island;
CABLE WIRES – refer to all kinds of cable wires, to include, but not limited to, electrical, telephone, cable
television, internet and other similar connections;
ACCESS ROADS – refer to all secondary roads connecting the main road of Boracay and the path road along
the long beach;
UTILITY SUPPLIERS – refer to all entities, natural or corporate business of which is to provide consumer
utilities such as, but not limited to, electricity, communication, television cable network, internet and
other utilities;
SECTION 3. – INSTALLATION GUIDELINES. It shall be mandatory for all utility suppliers to comply
with the following guidelines in the installation of all cable wires along the path road in Boracay Island.
a) Utility main posts serving the consumers along the long beach shall only be installed at the end of the
access road but shall not be on or beyond the path road towards the vegetation area;
b) All connecting cables from the main posts to the establishments, resorts or places of abode shall be
installed underground;
c) Underground installations shall not be less than thirty (30) inches in depth and cable lines shall be
secured by PVC insulators or other similar materials;
d) Utility suppliers shall provide a common secondary utility line for a cluster of consumers in a
particular area;
e) Excavations permits must be secured.
SECTION 4. – PENALTIES. TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and six (6)
months imprisonment plus confiscation of materials/equipments.
SECTION 5. – MORATORIUM. Existing utility installations and/or structures which do not conform
with the guidelines set by this ordinance shall be given a moratorium of one (1) year from effectivity of
this ordinance, to which proper relocation and/or modifications be made in consonance with the
provisions of this ordinance.
Page 42
SECTION 7. – EFFECTIVITY. This ordinance shall take effect immediately upon its approval.
(APPROVED. SP RESOLUTION NO. 04-275, dtd. 12-8-04).
v) MUNICIPAL ORDINANCE NO. 221, S. 2005; “AN ORDINANCE REQUIRING ALL FOOD HANDLERS,
BARTENDERS AND OTHER SIMILAR SERVICE PROVIDERS TO SECURE OCCUPATIONAL
PERMIT OR LICENSE FROM THE OFFICE OF THE MAYOR BEFORE ENGAGING IN RESPECTIVE
TRADE WITHIN THE JURISDICTION OF LGU-MALAY.
SECTION 1. – RATIONALE. With the growth of the tourism industry in LGU-Malay, establishment of
resorts, hotels, restaurants, entertainment center and other tourism related establishments have been
steadily increasing particularly in Boracay Island. In effect, the demand for personnel and staff to man
these various tourism related enterprises is also increasing resulting to the influx of job seekers from all
over the country. It is in this regard that proper regulations must be put in place to ensure that
aforestated probable staff, personnel or employees comply with the Municipal Health and security
requirements for the safety of tourists and guests with whom they usually come into contact with. Hence
this piece of legislation.
SECTION 2. – DEFINITION OF TERMS AND/OR PHRASES. For purposes of this ordinance, the following
terms and/or phrases shall mean:
FOOD HANDLERS – refer to any person who in one way or the other occupation has something to do with
food preparations, catering, serving, preservation and/or safekeeping to include but not limited to the
following: chefs, cooks, bakers, kitchen staff and food servers;
OTHER RELATED SIMILAR SERVICE PROVIDERS – refer to anybody who provides service to tourists and guests
in line with food and beverages provisions.
SECTION 3. – OCCUPATIONAL PERMIT. MANDATORY. It shall be mandatory of all food handlers,

bartenders and other similar service providers to secure an occupational permit or license from the
Office of the Chief Executive of LGU-Malay before engaging in their respective trade within the
jurisdiction of this local government unit. This occupational permit/license must be renewed every
January of issuing year. In view thereof, no establishment shall be allowed to hire employees without
said occupational permit.
SECTION 4. – REQUIREMENTS. OCCUPATIONAL PERMIT. The following requirements shall be

complied before an occupation permit or license shall be issued:
a) Medical Certificate issued by LGU-Malay Municipal Health Office.
b) Police Clearance issued by the Philippine National Police where the applicant resides.
c) Barangay Clearance issued by the Punong Barangay of the place where the applicant resides.
d) Payment of appropriate regulatory fees.
SECTION 5. OCCUPATIONAL PERMIT/LICENSE FEE. Upon application, LGU-Malay shall collect an

Occupational Permit/License Fee in the amount of TWO HUNDRED PESOS (₱200.00) to be paid by the
applicant to the Municipal Treasurer’s Office or to its authorized representative.
SECTION 6. PENALTIES. Any person who violates pertinent provisions of this ordinance shall
suffer the following fines and penalties:
FOR VIOLATION OF SECTION 3 – Stern warning, a fine of FIVE HUNDRED PESOS (₱500.00) for the first offense
for the offender and THREE HUNDRED PESOS (₱300.00) per employee for the establishment where the
offenders work. TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) for the offender and ONE
THOUSAND PESOS (₱1,000.00) per employee for the establishment on the second and subsequent
offenses, closure of establishment.
SECTION 8. AMENDMENTS. All ordinances, rules and regulations, or parts thereof, provisions of
Page 43
publication.
w) MUNICIPAL ORDINANCE NO. 224, S. 2005, “AN ORDINANCE PROVIDING GUIDELINES IN THE
OPERATION OF WATER REFILLING STATIONS WITHIN THE JURISDICTION OF LGU-MALAY AND
PRESCRIBING FEES THEREOF.
SECTION 1. – RATIONALE. Water refilling stations in Boracay increased in number in so short a

time. For purposes of monitoring and ensuring the supply of safe drinking water to the patronizing
public, this piece of legislation is hereby promulgated.
SECTION 2. – WATER BOTTLING. PROHIBITION. It shall be prohibited of any water refilling stations
within the jurisdiction of LGU-Malay to engage in water bottling unless licensed to also engage in the
same by the Bureau of Food and Drugs (BFAD).
SECTION 3. – MAYOR’S PERMIT REQUIREMENT. No water refilling station shall be permitted to

operate within the jurisdiction of LGU-Malay without securing Mayor’s Permit to operate.
SECTION 4. – REGULAR WATER ANALYSIS REQUIREMENT. It shall be mandatory of all water refilling
stations within the jurisdiction of LGU-Malay to submit the same to a quarterly bacteriological
examinations and a once every six (6) months physical and chemical analysis both of which shall be
conducted by the Municipal Health Office (MHO) of LGU-Malay. Schedule of said examinations shall be
made by Municipal Health Office (MHO) on a regular basis.
SECTION 5. – FEES. WATER ANALYSIS. For the conduct of the required water analysis
requirements, LGU-Malay shall charge the following fees:
For Bacteriological Examination . . . . . . . . . . . ₱ 220.00

For Physical and Chemical Analysis . . . . . . . . 1,173.00
SECTION 6. – PRODUCT STANDARD. Any water refilling stations that fail to comply with the
product standards set by the appropriate government agency shall be automatically closed by LGU-
Malay.
SECTION 7. – ADDITIONAL REQUIREMENTS. Refilling Stations shall also comply with the following:
1) Wearing of surgical gowns, gloves, masks, shoes and hairnet for personnel inside work areas is
mandatory;
2) Foods and beverages are strictly prohibited inside the processing area;
3) Processing area must be air-conditioned;
4) Use of automated bottle washer is mandatory.
SECTION 8. – PENALTIES. Violation of any section of this ordinance shall suffer the following fines
and/or penalties:
FOR VIOLATION OF SECTION 2 – on the first offense, a fine of TWO THOUSAND FIVE HUNDRED PESOS
(₱2,500.00) and cessation of water bottling business. Should the violator continue to engage in the
prohibited water bottling business despite the cessation order, closure of the water refilling station shall
be imposed and cancellation of business permit by LGU-Malay.
FOR VIOLATION OF OTHER PROVISIONS – on the first offense, TWO THOUSAND FIVE HUNDRED PESOS
(₱2,500.00) and subsequent offense, closure of business and cancellation of Mayor’s Permit to operate
within the Municipal jurisdiction of LGU-Malay and imprisonment of not less than ten [10] days but not
more than twenty [20] days upon the discretion of the court.
SECTION 9. – AMENDMENT. All ordinances, rules and regulations, or parts thereof, provisions of
publication.
Page 44
x) MUNICIPAL ORDINANCE NO. 225, s. 2005; “AN ORDINANCE REGULATING THE PRACTICE OF
TATTOOING WITHIN THE JURISDICTION OF LGU-MALAY.”
SECTION 1. – RATIONALE. The trade of tattooing in Boracay becomes part of the tourism business
which a number of local and foreign tourists patronize. This however, if not done properly, may harm
customers hence this regulation.
SECTION 2. – DEFINITION OF TERMS:
TEMPORARY SKIN ART – means staining the skin by using henna, glitters, stickers and body painting
removable after one [1] week.
REAL SKIN ART – means tattoo, a permanent art deep in the skin by using single use needles by pricking the
skin to push the ink inside.
BODY PIERCING SKIN ART – puncturing or penetrating the skin with single-use sterile needles and the
insertion of sterile surgical steel jewelry.
SECTION 3. – REGULATORY POLICIES. It shall be mandatory for all tattoo/skin artists to observe
the following regulatory policies:
a) Only tattoo/skin artists who are LGU-Malay registered and issued a Mayor’s Permit or license to
render skin art/tattooing service may be permitted to exercise the same;
b) Securing of a health certificate from LGU-Malay - Municipal Health Office is a pre-requisite to the
issuance of a Mayor’s Permit or License;
c) Tattooing must be performed in permanent post or shop. Mobile and/or home service is strictly
prohibited;
d) No skin art/tattooing service shop shall be permitted to operate without an MHO issued certification
that the same has passed MHO standards;
e) Tattoo/skin artist must wear proper identification card while rendering service and display of
Mayor’s Permit and MHO Certification must be made at a conspicuous place in the shop or
permanent post;
f) Recycling of tattoo needles is strictly prohibited hence disposable needles shall be used;
g) Paraphernalia and/or utensils used in tattooing must be sterilized hence use of autoclave machine is
mandatory;
h) Chemicals, such as tattoo paints, shall pass laboratory test conducted by Municipal Health Office –
LGU Malay;
i) The use of Black Dye or Phinelenidiamine is strictly prohibited and posting warning sign on its
dangers in a conspicuous place in the shop or a permanent post is mandatory; Use of pure Henna is
mandatory.
j) Unless with a written parental consent, no person below fifteen [15] years of age shall be
administered a permanent tattoo.
k) Payment of appropriate LGU-Malay fees and charges upon submission of agreement/lot owner.
SECTION 4. – MAYOR’S PERMIT FEE. Payment of Mayor’s Permit Fee in the amount of FIVE
HUNDRED PESOS (₱500.00) shall be made to the Municipal Treasurer’s Office is a pre-requisite for
issuance of license or permit to any tattoo/henna artist applicant.
Page 45
SECTION 5. – PENALTIES. Any person who violates pertinent provision of this ordinance shall
suffer the following fines and penalties:
FOR VIOLATING SECTION 2 PARAGRAPH (A) – a fine of FIVE HUNDRED PESOS (₱500.00) for the first offense,
ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00) for the second and subsequent offenses and
cessation of tattooing practice on both cases.
FOR VIOLATING OTHER PROVISION OF THIS ORDINANCE – a fine of ONE THOUSAND PESOS (₱1,000.00) for the
first offense, TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) for the second and subsequent
offenses and cancellation of Mayor’s Permit to engage in the trade of tattooing within the jurisdiction of
LGU-Malay and imprisonment of thirty (30) days but not less than ten (10) days or both upon discretion
of the court.
publication.
y) MUNICIPAL ORDINANCE NO. 229, S. 2005, “AN ORDINANCE SETTING GUIDELINES IN THE
OPERATION OF SAUNAS, MASSAGE PARLORS AND SPAS WITHIN THE MUNICIPAL JURISDICTION
OF LGU-MALAY.
SECTION 1. – RATIONALE. The number of indoor saunas, massage parlors and spa services is fast
increasing within the municipal jurisdiction of Malay, particularly in Boracay Island. It is in this regard
that proper guidelines must be set to protect the legitimate establishments using same business nature as
front for prostitution and other illegal activities.
SECTION 2. – DEFINITION OF TERMS. As used in and for purposes of this ordinance, the following
terms, whether in singular or plural, are hereby defined as follows:
SPA THERAPIST – is one who renders facial and body treatment, massage and other curative processes
conduct of which is done indoor.
MASSEURS – are those who render purely massage services conduct of which is done outdoors.
MASSAGE THERAPIST – are those who render purely massage services conduct of which is done indoor.
COMMON AREA – refers to an open space where two (2) or more clients can be serviced at a time.
SECTION 3. – MASSAGE, SAUNA AND SPA ESTABLISHMENTS. PERMITS. ACCREDITATION. It shall be

mandatory for all massage, sauna and Spa establishments to secure a Mayor’s Permit to operate from
LGU-Malay before operating said business within the municipal jurisdiction of Malay. Hotels and/or
resorts operating massage, sauna and/or Spa amenities shall likewise secure a distinct and separate
mayor’s permit to operate same from the permit secured for hotel and/or resort operation. It shall also
be mandatory for all massage, sauna and Spa operators operating within LGU-Malay to secure
accreditation with the Department of Tourism and the Department of Health.
SECTION 4. - SAUNA, MASSAGE AND SPA SERVICES. Common Area. Rendering service in single closed
cubicles shall be prohibited hence sauna, massage and spa services shall be rendered in common areas,
doors of which must be kept unlocked.
SECTION 5. – PRIVATE ROOM SERVICES. PROHIBITION. EXEMPTION. Rendering massage, spa and/or
sauna room services in exclusive/private rooms in hotels and/or resorts is prohibited. If however, said
amenities are part of the hotel and/or resorts’ offered services, such must be rendered in common areas
as defined by this ordinance. Masseurs and therapists employed by said resorts and hotels, however, are
prohibited to render services or market the same outside their respective establishment.
Page 46
SECTION 6. - PROPER TRAINING. MANDATORY. It shall be mandatory for all masseurs, spa, sauna
and massage therapists to undergo proper training with Department of Health and/or TESDA accredited
entities before rendering service. A seminar on ethical standards for therapists is likewise mandatory.
Certificates of Completion of such trainings and seminars shall be pre-requisite requirements for the
issuance of Mayor’s Permit to engage in such trade.
SECTION 7. – MAYOR’S PERMIT. MANDATORY. It shall be mandatory for all masseurs, spa, sauna and
massage therapists to secure an Annual Mayor’s Permit before engaging in massage, spa and sauna
services.
SECTION 8. - HEALTH CERTIFICATE. MANDATORY. Masseurs, spa, sauna and massage therapists shall
secure a Health Certificate issued by the Municipal Health Office of LGU-Malay. No Mayor’s Permit shall
be issued unless this requirement is complied.
SECTION 9. – FRONT PROSTITUTION. CLOSURE. Saunas, massage parlors and/or spa clinics which
have been found to be fronts of prostitution or other illegal activities shall automatically be closed and
permanent cancellation of Mayor’s Permit to operate be made without prejudice to other sanctions and
penalties provided by other ordinance and/or laws.
SECTION 10. PENALTIES. Any sauna, massage parlor and spa clinic operating without the
required permits shall be fined Two Thousand Five Hundred Pesos (₱2,500.00)and shall automatically be
closed.
MASSEURS, SAUNA AND/OR SPA THERAPISTS rendering service without Mayor’s Permit shall be fined One
Thousand Pesos (₱1,000.00)and an imprisonment of no less that ten (10) days but in no case more than
fifteen day, at the discretion of the court.
SAUNA, MASSAGE PARLOR AND/OR SPA CLINICS found to be fronts of prostitution shall suffer the penalties
provided by Section 9 and its operator and/or owner shall be fined Two Thousand Five Hundred Pesos
(₱2,500.00)and an imprisonment of no less than twenty (20) days but in no case more than thirty (30)
days, at the discretion of the court.
SECTION 12. – EFFECTIVITY. This ordinance shall take effect upon its approval and proper
publication.
ENACTED. JULY 21, 2005.
( APPROVED. SP RESOLUTION NO. 05-440, dtd. 11-2-05)
z) MUNICIPAL ORDINANCE NO. 230, S. 2005, “AN ORDINANCE CHARGING ENVIRONMENTAL AND
ADMISSION FEE TO ALL BORACAY BOUND GUESTS AND TOURISTS.
SECTION 1. – RATIONALE. The big influx of tourists in Boracay imposes environmental concerns
which must be properly addressed in order to sustain the Island as a premier tourist destination in the
country. To attain this desired sustainability, substantial funds must be raised for logistical purposes.
Hence this ordinance is promulgated.
SECTION 2. – ENVIRONMENTAL AND ADMISSION FEE. FIFTY PESOS (₱50.00) Per Guest/Tourist. It
shall be mandatory for every guest or tourist going to Boracay to pay an Environmental Fee and
Admission Fee in the amount of FIFTY PESOS (₱50.00). Of the amount collected, fifteen percentum
(15%)shall be the share of the province, provided that said collection is done at Caticlan Jetty Port. The
share of the province shall revert back to the Municipality of Malay in the manner and for specific
purpose agreed by the Province of Aklan and LGU-Malay through a Memorandum of Agreement. The net
share of LGU-Malay shall be deposited in a Trust Fund, allocation of which shall be exclusively for
environmental and tourism programs and projects in the Municipality of Malay.
SECTION 3. – EXEMPTION. AKLANON. Aklanons shall be exempted from payment of the

Environmental and Admission Fee. For purposes of this ordinance, Aklanon refers to any person who
resides, maintain an abode in the Province of Aklan. Below twelve (12) years old are also exempted from
paying environmental and Admission Fee.
Page 47
SECTION 4. – DISCOUNT. SENIOR CITIZENS AND STUDENTS. A twenty percent (20%) discount shall
be afforded to senior citizens and students. To avail of the discount, senior citizens and students must
present appropriate Identification Card.
publication.
APPROVED. SEPTEMBER 1, 2005
aa) MUNICIPAL ORDINANCE NO. 239, S. 2006; “AN ORDINANCE REQUIRING TOURISTS AND
VISITORS TO REGISTER WITH THE MUNICIPAL TOURISM OFFICE BEFORE LEAVING FOR
BORACAY.”
SECTION 1. – RATIONALE. Number of tourists and guests going to Boracay must be registered by
LGU-Malay for monitoring and record purposes. Hence this piece of legislation.
SECTION 2. – REGISTRATION. MUNICIPAL TOURISM OFFICE. It shall be strictly required of any tourist
or visitor bound for the Island of Boracay to register first with the Municipal Tourism Office of LGU-
Malay, at any designated entry point, before deporting to the aforecited Island. Packaged transfers
and/or resorts, with in-house transport service, are likewise compelled to comply with this registration
requirement of their respective visitors and/or guests and submit the same to the Municipal Tourism
Office within twenty four hours (24 hours) from arrival thereof.
SECTION 3. – PENALTIES. Violators of the provision of this ordinance shall suffer the following:
a) Tourists and/or guests who refuse to register shall be denied entry to Boracay.
b) Packaged transfer and/or resorts, with in-house transfer service, that refuse or fail to register their
respective guest/s on time shall be fined FIVE HUNDRED PESOS (₱500.00) per unregistered guest.
Continued refusal or failure to comply with the provision/s of this ordinance shall result to
cancellation of Mayor’s Permit to operate as a packaged passenger transfer business or cancellation
of Mayor’s Permit to operate an in-house passenger transfer service. For purposes of this ordinance,
third offense constitutes continued violation of the provision/s of this ordinance.
SECTION 4. – AMENDMENTS. Previous ordinances, orders, rules and regulations or parts thereof
which are inconsistent with this ordinance are hereby repealed or modified accordingly. Municipal
Ordinance No. 11, series of 1985 is expressly repealed by this Ordinance.
publication.
bb) MUNICIPAL ORDINANCE NO. 246, S. 2007; “AN ORDINANCE REGULATING SAND CASTLE
MAKING ON THE BEACHES AROUND BORACAY ISLAND.”
(SPONSOR: HON. DANTE C. PAGSUGUIRON)
SECTION 1. – RATIONALE. Huge quantity of sand is moved to make big sand castles utilized as
photography backdrops for a fee. This daily unregulated commercial activity tinkers with the natural
terrain of the beach resulting to prolonged presence of irregular contours which affect the natural
symmetry of the beach. Hence this piece of legislation.
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SECTION 2. – REGULATORY POLICIES. Sand castle making on the beaches of Boracay shall be
regulated by the following policies:
a) Sand castle making, purpose of which is to be utilized as photography backdrop or any other
purposes for a fee, shall be strictly prohibited. Promotional and/or special event issued with proper
Mayor’s Permit, however, may include sand castle making as an activity provided that the same is
declared in the permit and shall be conducted within the designated sand castle making areas and
payment of proper sand castle building regulatory fees.
b) So as not to hamper pedestrian flow along the beach, sand castle making, as part of a promotional
and/or special event, shall not be conducted within the six (6) meter stretch from the edge of the
vegetation area towards the beach. Further, it shall be strictly prohibited of anybody to move any
amount of sand outside the three (3) square meter area within which the sand castle is built.
c) Leveling of the castle made and area clean up shall be the primary responsibilities of the activity
proponent/s hence it shall be mandatory for the proponents to restore the original terrain of the
beach after the sand castle making activity was conducted.
SECTION 3. - SAND CASTLE MAKING REGULATORY FEE. Proponents of any promotional and/or
special events, having to include sand castle making activity shall pay a sand castle building regulatory
fee of ONE HUNDRED PESOS (₱100.00) per square meter per day of the space utilized for said purpose,
but not to exceed five (5) days.
SECTION 4. – PENALTY. Violator/s of any provision of this ordinance shall be fined TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00) per infraction. On the second and subsequent offenses,
an additional penalty of no less than thirty (30) days imprisonment shall be imposed depending on the
discretion of the court.
SECTION 5. – AMENDMENTS. Any ordinance, rules and regulations, or parts thereof, provisions of
publication.
cc) MUNICIPAL ORDINANCE NO. 302, S. 2011; “AN ORDINANCE REVISING MUNICIPAL ORDINANCE
NO. 106, SERIES OF 1997 (AN ORDINANCE REQUIRING OWNERS/CARETAKERS OF DOGS TO REGISTER THEIR
ANIMALS FOR IDENTIFICATION AND PROPER DISPENSATION OF ANTI-RABIES VACCINES AND APPROPRIATING
FUNDS FOR THEIR PURPOSE) AND MUNICIPAL ORDINANCE NO. 182, SERIES OF 2003 (AN ORDINANCE
PRESCRIBING POLICIES ON PET DOG OWNERSHIP AND PROVIDING PENALTIES FOR VIOLATION THEREOF) TO
CONFORM WITH R.A. 9482, OTHERWISE KNOWN AS THE ANTI-RABIES ACT.
(SPONSORED BY: HON. NATALIE C. PADERES & HON. ROWEN T. AGUIRRE)
WHEREAS, in keeping with the mandates of the Local Government Code of 1991, the
Municipality of Malay shall ensure the efficient and effective delivery of basic services specifically in
taking measures and adopting quarantine regulations to prevent the introduction and spread of diseases
within its territorial jurisdiction and in order to promote the general welfare, the Municipality shall
provide for the impounding of stray animals, regulate the keeping of animals in homes or as part of a
business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize
cruelty to animals;
WHEREAS, the advent of the Anti-Rabies Act (RA 9482), postulates necessary changes in the
Municipality’s own legislation on the matter to conform with the National Law in order to address the
ever changing needs of the Local Government and attend to the alarming cases of dog bites and
eventually eradicate rabies within the Municipality;
WHEREAS, by virtue of this Ordinance, medical problems caused by rabies due to dog bites will
be resolved, prohibit stray, unwanted and unvaccinated dogs from roaming around public places, protect
inhabitants from the danger of rabies and responsible pet ownership is established;
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NOW, THEREFORE, be it ordained, as it is hereby ordained by the Sangguniang Bayan of Malay,

this piece of legislation:
SECTION 1. – DEFINITION OF TERMS. For purposes of this Ordinance, the following terms shall
mean as follows:
a. DOG – refers to a common quadruped domestic animal belonging to the order carnivora (male or
female), scientifically known as canis familiaris.
b. BITTEN – refers to an act by which a Dog or cat seizes, cuts or grips with its teeth so that the skin of a
person has been wounded, lacerated, pierced or scratched.
c. CASTRATION – the removal of the testicles of a male dog depriving it the power of vigor and
masculinity and the power of generation.
d. ENCLOSED PREMISES – the owner’s house or fenced yard, where other people have no reason to enter
except to conduct business or visit with the members of the household.
e. PUBLIC PLACES – refers to any place open to the public, like parks, malls and markets, etc.
f. CONCERNED OFFICIALS – refers to Barangay officials, health workers, police officers or government
veterinarians.
g. DIRECT SUPERVISION – refers to range supervision where physical presence of the veterinarian within
the Barangay is necessary.
h. LEASHING – controlling a dog by the owner/handler by means of a chain, strap or rope.
i. OWNER – shall mean any person keeping, harboring or having charge or control of, or permitting a
Dog to habitually be or remain on or be lodged or fed within such person’s house or any other
property, its yard or premises.
j. EUTHANASIA – refers to the process of painless death to Dogs and other animals.
k. POUND - refers to a public enclosure for stray animals.
l. RABIES – refers to a highly fatal disease caused by a lyssa virus, transmitted mainly through the bite of
an infected animal and is characterized by muscle paralysis, hydrophobia and aerophobia and other
neurological manifestations.
m. RABIES TRANSMISSION – refers to the transmission or passage of the Rabies Virus through a bite by an
infected animal, or through contamination with virus-laden saliva on breaks in the skin and of
mucous membranes such as the eyes, the lips, the mouth, or the genital organs.
n. RABIES VACCINATION/IMMUNOPROHYLAXIS OF HUMANS – refers to the inoculation of humans, with modern

day rabies vaccines or Rabies Immunoglobulin, by a trained doctor or nurse under the supervision of
a qualified medical practitioner.
o. RABIES VACCINATION OF DOGS – refers to the inoculation of a Dog with a Rabies vaccine by a licensed
government or private veterinarian or trained individual under the direct supervision of a licensed
veterinarian. The services of the said trained individual shall be limited only to Rabies Vaccination
Injection in Dogs and only during government mass vaccination campaign.
p. POST-EXPOSURE TREATMENT (P.E.T.) - refers to an anti-Rabies treatment administered after an

exposure to Rabies, which include local wound care, Rabies vaccine, with or without anti-Rabies
immunizing agent.
q. PRE-EXPOSURE PROPHYLAXIS (P.E.P.) – refers to Rabies vaccination administered before an exposure to

Rabies to those who are at high risk of getting.
r. TANDOK – a native method used by faith healers and herb doctors to treat dog bites by the use of
animal horn or stone applied to the bite wound, or inducing vomiting, or by any other means
claiming to cure rabies.
s. STRAY DOG – refers to any Dog leaving its Owner’s place or premises and no longer under the effective
control of the Owner.
t. VETERINARY OR HUMAN BARBITURATES – refers to drugs that depress the function of the central nervous
system.
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u. NEUTERING – the surgical removal of an animal’s reproductive organ, commonly practiced on

household pets such as cats and dogs as a method of birth control.
SECTION 2. – MUNICIPAL RABIES CONTROL AND CONSULTATIVE COMMITTEE.

ORGANIZATION AND AUTHORITY. A functional Municipal Rabies Control and Consultative Committee
(MRCCC) shall be organized and established to achieve its purpose and shall posses the main authority of
ensuring the proper, effective and sustainable implementation of this rabies control ordinance as well as
other rabies control-related programs and activities as it may deem necessary. The MRCCC shall submit
plans and programs for inclusion in the Annual Budget.
The Committee shall be composed of the following members, subject to additional membership
as the need arises:
a. Chairperson : Municipal Mayor
b. Vice-Chairpersons : Chairperson, SB Committee on Agriculture

Chairperson, SB Committee on Health
c. Members : Municipal Agriculturist

Municipal Health Officer
Municipal Veterinarian
Chief of Police
District Supervisor
President, Liga ng mga Barangay
Municipal Planning and Development Officer
Two (2) Non-Government Organizations Representatives
SECTION 2.1. – FUNCTIONS. The MRCCC shall have the following functions:
1. Conduct and supervise Dog immunization activities and Dog control measures.
2. Ensure availability and adequate supply of animal anti-rabies vaccine and dog tags at all times for
the target areas.
3. Impounding field control and disposition of stray, unwanted and unvaccinated dogs.
4. Establish a central data system for registered and vaccinated dogs.
5. Strengthen information, education and communication on rabies prevention and control.
6. Encourage the practice of responsible pet ownership.
7. Provide supply of human post-exposure treatment to animal bite victims and provisions of pre-
exposure treatment to high-risk personnel.
8. Encourage the strict enforcement of the Municipal Ordinance relevant to rabies control.
9. Establish and maintain a rabies-free zone Municipality.
10. Train identified Barangay vaccinators.
SECTION 3. – BARANGAY RABIES CONTROL AND CONSULTATIVE COMMITTEE.

ORGANIZATION AND AUTHORITY. A functional Barangay Rabies Control and Consultative Committee
(BRCCC) shall be organized and established in every barangay to help the Municipal Rabies Control and
Consultative Committee (MRCCC) achieve its purpose and shall posses the main authority of ensuring the
proper, effective and sustainable implementation of this rabies control ordinance as well as other rabies
control-related programs and activities as it may deem necessary.
The Committee shall be composed of the following members, subject to additional membership
as the need arises:
a. Chairperson : Punong Barangay

b. Vice Chairpersons : Sangguniang Barangay Members
Chairperson, Committee on Agriculture
Chairperson, Committee on Health
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c. Members : All other Barangay Kagawads

Barangay SK Chairman
Barangay Health Workers
Barangay Watchmen (Tanods)
Trained Barangay Vaccinator
SECTION 3.1. – FUNCTIONS. THE BRCCC SHALL HAVE THE FOLLOWING FUNCTIONS:
1. As the prime movers in the rabies elimination program, catch all stray, unwanted and unvaccinated
Dogs in the Barangay and report to the MRCCC.
2. Undertake yearly registration of all dogs to establish actual dog population count.
3. Conduct vaccination of all registered dogs in the barangay in coordination with the MRCCC.
4. Limit dog population by submitting all dogs and cats for neutering.
5. Must take charge of the entry of new dogs and maintain the dog registry and other program
components
6. Identify barangay vaccinators to be trained by the MRCCC.
SECTION 4. - PROTECTION TO PERSONS EXPOSED TO DOG AND/OR RABIES IN THE

PERFORMANCE OF DUTY.
SECTION 4.1. FREE PRE-EXPOSURE PROPHYLAXIS – all persons authorized by the MRCCC who shall be
exposed with dogs and/or rabies in the conduct of dog handling, vaccination, impoundment and the like,
shall be provided with free pre-exposure prophylaxis by the MRCCC or any other agency which could
extend aid for the purpose to prevent risk of getting infected with rabies while on duty.
SECTION 4.2. MEDICAL AND OTHER ASSISTANCE TO AFFECTED PERSONNEL – in cases wherein the licensed
veterinarian, trained vaccinator, MRCCC or BRCCC members or their duly authorized representatives be
bitten by a dog while in the performance of duty, the local government concerned shall be responsible for
providing medical assistance and/or other kinds of support to the affected personnel. Furthermore, the
LGU shall help in the facilitation, proper handling and laboratory examination of the dog, and in any case,
its disposal or elimination.
SECTION 5. – RABIES VACCINATION.
SECTION 5.1. VACCINATION SCHEDULE OF DOGS.
SECTION 5.1.A. LESS THAN THREE (3) MONTHS OF AGE. The initial dose shall be 1 cc or as indicated
on the label/literature of the vaccine. A second vaccination or booster shot of 1 cc or as
indicated on the label/literature of the vaccine shall be given or administered within twelve (12)
months or not more than one year after the initial vaccination. Succeeding vaccination shall be
done every year thereafter.
SECTION 5.1.B. OVER THREE (3) MONTHS OF AGE. The dose shall be 1 cc or as indicated on the
label/literature of the vaccine. Succeeding vaccinations shall be done every year thereafter.
SECTION 5.2. RESTRAIN OF DOGS. Vaccinated dogs shall still be restrained or kept in cages or enclosed
premises and shall not be allowed by their owners to wander in places open to the public, otherwise,
such dogs shall be considered stray. The owner/s of such dog shall be held liable for violation of this
ordinance.
SECTION 5.3. VACCINATION SCHEDULE OF HUMAN ANIMAL BITE VICTIMS.
SECTION 5.3.A. GUIDELINES PROVIDED BY THE DEPARTMENT OF HEALTH for the Management of Animal
Bite Patients shall be followed.
SECTION 5.3.B. ALL EXPENSES INCURRED in the management of Animal Bite Patients shall be paid by
the owner of the dog or animal. Otherwise, expenses shall be handled by the LGUs concerned for
indigent patients.
SECTION 6. - DUTIES OF THE VETERINARIAN/VACCINATOR. The veterinarian or the

MRCCC/BRCCC authorized vaccinator shall have the primary duty of injecting anti-rabies vaccine to dogs
submitted for registration and vaccination. It shall also be the duty of every vaccinator to complete a
certificate of rabies vaccination for each animal vaccinated and to provide a dog tag for every registered
dog.
Page 52
SECTION 6.1. ISSUANCE OF CERTIFICATE OF VACCINATION. After vaccination and registration of a dog,
there shall be issued a certificate of vaccination by the veterinarian/vaccinator, countersigned by the
Municipal Agriculturist or the Municipal Health Officer or any duly authorized personnel of the MRCCC or
BRCCC.
THE CERTIFICATE OF VACCINATION SHALL INCLUDE THE FOLLOWING INFORMATION:
1. Owner’s name, address and telephone number, if any;
2. Registration Date.
3. Rabies Vaccination Code/Tag Number (Coding System shall be dependent on the agreement
of the MRCCC);
4. Description of Dog (color, sex, age, species and breed, if known);
5. Dates of vaccination and vaccine expiration (if any);
6. Vaccine producer or manufacturer;
7. Veterinarian/vaccinator’s signature;
8. Veterinarian’s license number/vaccinator’s address
SECTION 6.2. MASTERLISTING OF CERTIFICATES OF VACCINATION. There shall be a certificate of vaccination

(in triplicate) for every dog vaccinated. The dog owner shall be provided with a copy of the certificate.
Two copies shall be retained for filing and master listing of the MRCCC and the BRCCC.
SECTION 6.3. DOG TAGS. A durable metal or plastic tag, distinguishable from each other by serial
number and/or code, issued solely by the MRCCC through the vaccinator shall be securely attached to the
collar of the dog as proof of vaccination.
SECTION 6.4. BARANGAY VACCINATORS. There shall be trained vaccinators in every barangay, who shall be
duly trained by the MRCCC authorized veterinarian or vaccinator. These trained vaccinators shall take
the place of the Municipal Agriculture Office (MAO) or Municipal Health Office (MHO) personnel in
administering the vaccine to the dogs in their respective barangays during vaccination operations
spearheaded by the BRCCC and shall assist the MAO or MHO personnel in the MRCCC spearheaded
operations.
SECTION 6.4.A. REQUIRED NUMBER OF VACCINATORS PER BARANGAY. There shall be one (1) vaccinator
for every purok or sitio in the barangay.
SECTION 6.4.B. TRAINING AGENCY RESPONSIBLE. The lecture and hands-on training which shall be
the responsibility of the MAO should include, but shall not be limited to the following:
1. Safety precaution in handling dogs

2. Proper handling of vaccine
3. Hands-on/actual administration of vaccine
4. Reporting
SECTION 6.4.C. CRITERIA IN THE SELECTION OF VACCINATORS.
1. At least high school graduate

2. 21 years old and above
3. Willingness to be trained and perform vaccination
4. Must be recommended by the Punong Barangay
SECTION 7. - DOG REGISTRATION
SECTION 7.1. WHEN TO REGISTER.
SECTION 7.1.A. The owner or keeper of any dog within the municipality shall secure from the
BRCCC or its designated personnel a Certificate of Registration of such dog every first quarter of
the year.
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Any unregistered dog acquired or moved into the barangay must be registered immediately
upon entry to the barangay.
SECTION 7.1.B. Upon registration, the owner shall be provided with a Certificate of Vaccination
for the dog and a distinguishing collar tag as proof of vaccination.
SECTION 7.2. REGISTRATION FEE. The dog owner shall pay a registration fee of THREE HUNDRED
PESOS (Php300.00) per dog, which shall also cover the cost of the dog tag and anti-rabies vaccination for
the dog. The registration issued shall be valid for one (1) year from the last day of the month of issuance.
A renewal vaccination shall validate the registration one (1) year from the previous date of registration.
SECTION 7.3. COLLECTION SHARING FEE. Payment of registration or licensing could be done at the
barangay level, through its treasurer in which case a sharing scheme of 70:30 shall be followed. (70%
shall go to the barangay fund and 30% to the municipal treasury).
SECTION 7.4. ISSUANCE OF OFFICIAL RECEIPT. The Barangay Treasurer shall issue the owner of the dog an
official receipt upon full payment of Php300.00 for every vaccinated and registered dog.
SECTION 7.5. REMITTANCE OF COLLECTION FOR DOG REGISTRATION. All collections for dog registration of
the Barangay Treasurer in every barangay shall be remitted to the Municipal Treasurer during office
hours not later than one (1) day after the collection was made as based on the official receipts disposed
or issued.
SECTION 8. - MANDATORY APPROPRIATIONS.
SECTION 8.1. ANNUAL BUDGET. A mandatory appropriation for the purchase of human and canine
anti-rabies vaccines and each corresponding paraphernalia and for the sustainable implementation of
this ordinance shall be provided for in the annual budget of the Municipality and Barangay, for every
calendar year. The amount shall be:
Minimum of TWO HUNDRED THOUSAND PESOS (Php200,000.00) for the Municipality.
SECTION 8.2. FUND SOURCE. The source of fund shall be the General Fund.
SECTION 9. - DOG CATCHER’S APPOINTMENT, DESIGNATIONS AND INCENTIVES.
SECTION 9.1. MRCCC DOG CATCHERS. The MRCCC authorized dog catchers shall be designated and shall
bear an identification card, duly signed by the Municipal Mayor and renewable at the beginning of every
calendar year. They shall be entitled to a minimum of Fifty Pesos (Php50.00) per stray or unregistered
dog caught on their own initiative as monetary incentive. Said amount to be taken from the anti-rabies
allocation of the Municipality.
SECTION 9.2. ACCIDENTAL STRANGULATION. In cases where there shall be accidental strangulation
of the dog/s by the dog catchers or any MRCCC or BRCCC members while in the act of seizing or catching
the dog in the implementation of this ordinance, said dog catchers or any MRCCC or BRCCC members
shall not be held liable in the event that said act results to the death of the dog/s provided there is no
negligence on the part of the dog catchers or MRCCC or BRCCC members.
SECTION 10. - ESTABLISHMENT AND MAINTENANCE OF DOG POUND.
SECTION 10.1. MUNICIPAL DOG POUND. There shall be established a “Public Dog Pound” which shall be
maintained under the supervision of the MRCCC or the licensed municipal veterinarian. The site of the
Municipal Dog Pound shall be identified or determined by the Mayor.
SECTION 10.2. STRAY DOGS. Dog Pound Utilization and Operation. Any dog found straying or roaming
around freely at any public places with or without dog tag, or especially those found to be showing signs
of viciousness, shall be impounded and confined in the Municipal Dog Pound, or in the absence of such,
any suitable place to house stray dogs.
SECTION 10.3. POUND NOTICE. Upon receipt of the dog into the pound, the pound officer or in his
absence, any person duly authorized by the MRCCC or BRCCC, shall advertise in the municipal building,
barangay hall or any other conspicuous places, a pound notice for three (3) consecutive days stating the
following:
Page 54
a. Color, breed and other description of the impounded dog.
b. The date and time when the impounded animal was caught.
c. The place/location where the particular impounded dog was caught.
d. A notice that unless the dog is redeemed within 3 days, the same shall be considered as
unclaimed and will be put up for adoption, or shall be killed humanely through the method
provided for in Section 12 of this Ordinance.
SECTION 10.4. POUNDAGE FEE. The owner/s of the impounded dog shall pay to the Municipal Treasurer
or his duly authorized representative the amount of Php100.00 as poundage fee per dog per day on the
first three days of impoundment plus Php50.00 a day for its daily sustenance/maintenance.
SECTION 11. - OBSERVATION PERIOD FOR A DOG WHICH HAS BITTEN A PERSON OR ANY
OTHER ANIMAL CONSIDERED FOR HUMAN CONSUMPTION. Any dog which has bitten a person or any
other animal considered for consumption, shall be impounded, restrained and observed for fourteen (14)
consecutive days, after which the owner of the said animal shall be required to have the dog registered
and vaccinated as provided for in Section 5.
SECTION 12. - ELIMINATION OF DOGS UNDER OBSERVATION AND SUSPECTED OR FOUND

TO BE RABID. Should the apprehended dog become vicious and suspected or found to be suffering from
rabies, it shall be destroyed or eliminated through carbon monoxide asphyxiation or any method as may
be recommended by the MRCCC or BRCCC and the head of which shall be brought to the Regional Animal
Disease Diagnostic Laboratory of the Department of Agriculture for examination and proper action.
SECTION 13. - ELIMINATION OF STRAY, UNWANTED AND UNVACCINATED DOGS.
SECTION 13.1. CONTROL OF STRAY DOGS. In order to control stray dogs, all pet owners are enjoined to
be responsible and to take care of their pets. Responsible dog ownership means:
a. Vaccinating dogs regularly against rabies and keeping a current tag attached to its collar.
b. Leashing of dogs and not allowing them to roam the streets or any public place without a
lease.
c. Providing dogs with adequate food, water and clean shelter.
d. Submitting of dogs for neutering.
e. Monitoring of dogs and reporting any abnormal behavior/temper and dog bite incidents
within 24 hours to officials concerned for investigation or any appropriate action placing
such dog under observation by the government or any private veterinarian.
f. Assuming full liability whenever his dog has bitten a victim outside of his enclosed premises
or whenever he lost control of the dog.
g. Participate in any activity to eradicate rabies and control stray dog.
SECTION 13.2. CONTROL OF UNWANTED DOG. Unwanted dogs of an owner shall be turned over to the
proper authorities concerned for proper termination and disposal.
SECTION 13.3. CONTROL OF ROAMING MAD DOGS. Where there are reported cases of death or injuries to
human beings inflicted by a roaming mad dog and there is danger that previous to such incident, the mad
dog which had been found positive of rabies may have mingled and contaminated other stray dogs,
thereby posing a clear danger to the life and limb of the residents of the locality, the MRCCC/BRCCC may
seek the assistance of the Philippine National Police of the Municipality to seize and eliminate or kill all
stray dogs, subject to the pertinent provisions of R.A. No. 8485, otherwise known as the Animal Welfare
Act.
SECTION 13.4. IT SHALL BE UNLAWFUL FOR ANY PERSON to oppose, resist or otherwise interfere with the
rabies control authorities or any of their authorized deputies in the performance of their duty set forth in
this Ordinance.
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SECTION 14. - REPORTING OF BITING INCIDENT.
SECTION 14.1. THE OWNER OF A DOG WHICH HAS BITTEN any person shall, within 24 hours from the time if
the occurrence, report the incident to the Barangay Health Worker, or at the Municipal Health Office for
proper medical attention for the victim. The same shall be reported to the Police Station and shall be
included as an entry in the Police Blotter. In the cases where the dog has bitten another animal
considered for human consumption, the owner of the culprit dog, or the owner of the animal that has
been bitten shall, within 24 hours, report the incident to the Municipal Agriculture Office or the
Agricultural Technologist assigned in the area for proper action. The dog and the animal bitten by such
dog shall both be isolated and leashed/restrained/caged for observation by any authorized person such
as the police officer, health worker, agricultural technologist, etc. The person receiving such information
shall immediately transmit the incident to the MRCCC for proper investigation and action.
SECTION 14.2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE “TANDOK” for treating all kinds of animal bites
and is hereby declared such procedure as a form of illegal practice. The Municipal Health Officer and
Municipal Veterinarian shall discourage bitten persons from going to faith healers or herbolarios using
tandok or any other unacceptable procedure.
SECTION 15. - RESPONSIBILITY OF THE OWNER OF THE DOG WHICH HAS BITTEN A PERSON
OR OTHER ANIMALS.
SECTION 15.1. THE OWNER OF THE DOG WHICH HAS BITTEN ANY PERSON shall be responsible for all
treatment and the dog examination as well as related expenses incurred by the bite victim unless the bite
was inflicted by a restrained and registered dog or had occurred within the owner’s enclosed premises in
which case arrangements shall be made between the owner and the bite victim.
SECTION 15.2. THE OWNER OF THE DOG WHICH HAS BITTEN ANY PERSON shall immediately quarantine or
confine the dog for observance of signs of illness compatible with rabies. Such quarantine shall be under
conditions imposed by the MRCCC or as provided by this Ordinance. If the dog shows no signs of illness
compatible with rabies, it may be released from quarantine upon approval of the MRCCC or the Municipal
Health Official. If the owner of the dog fails to comply with this provision, it will be a ground for the
seizure of the dog by the MRCCC.
SECTION 15.3. THE SETTLEMENT AND/OR ARRANGEMENT BETWEEN THE DOG BITE VICTIM or the owner of the
bitten animal and the owner of the dog for the payment of all the necessary expenses related to the dog
bite incident shall be made at the Barangay where the incident happened after the filing of the complaint
before the Office of the Punong Barangay or Lupon Tagapamayapa.
SECTION 16. - DISPOSITION OF OTHER ANIMALS BITTEN BY A RABID DOG.
SECTION 16.1. IN CASES WHERE A RABID DOG HAS BITTEN ANOTHER ANIMAL whose meat is considered food,
the bitten or rabies-infected animal, shall, in any case, not be slaughtered, sold or distributed for human
consumption.
SECTION 16.2. ANY PERSON WHO KNOWINGLY OR UNKNOWINGLY CAUSED THE SLAUGHTERING, SELLING or
distribution for human consumption of rabies-infected animals shall be compelled to pay for all expenses
related to the immunization, to include other incidental expenses, of persons who have eaten such meat
of animals.
SECTION 17. - RABIES CONTROL ADVOCACY/MASSIVE INFORMATION DRIVE. The Municipal

Government shall strengthen rabies education program by organizing an Information, Education
Campaign on Responsible Dog Ownership and incorporating the same in relevant subjects in the
elementary and high school levels in coordination with the Municipal Agriculture Office, Local School
Board, Municipal Health Office and the Local DILG. The IEC shall include among others, the dangers of
rabies, its prevention and control. The Rabies Awareness Month must be observed and promoted.
SECTION 18. - PENALTY CLAUSE.
1. Dog owners who fail or refuse to have their dog registered and immunized against rabies shall be
punished by a fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00).
2. Dog owners who refuse to have their dog vaccinated against rabies shall be fined TWO THOUSAND
FIVE HUNDRED PESOS (Php2,500.00) and be made liable to pay for the vaccination of both the dog
and the individuals bitten by their dog.
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3. Dog owners who refuse to have their dog put under observation after said dog has bitten an
individual shall be meted with a fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00).
4. Dog owners who refuse to have their dog put under observation and do not shoulder the medical
expenses of the person bitten by their dog shall be meted with a fine of TWO THOUSAND FIVE
HUNDRED PESOS (Php2,500.00) or 6 months imprisonment or both at the discretion of the court.
5. Dog owners who fails or refuses to put leash on their dogs when they are brought outside the house
shall be fined TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00).
6. Dog owners who let their dogs stray shall be fined FIVE HUNDRED PESOS (Php500.00) for the first
offense. For the second offense, ONE THOUSAND PESOS (Php1,000.00) and for subsequent offenses,
a fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) and impoundment shall be
imposed.
7. Any person who shall oppose, resist or otherwise interfere with the rabies control authorities or any
of their authorized deputies in the performance of their duties set forth in this Ordinance shall be
penalized with a fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or 6 months
imprisonment or both at the discretion of the court.
8. Any person found guilty of treating animal bites using “Tandok” shall be fined TWO THOUSAND
FIVE HUNDRED PESOS (Php2,500.00) or 6 months imprisonment or both at the discretion of the
court. If such illegal practice of medicine will result to death, the person responsible shall be held
liable according to pertinent laws and regulations.
9. Any person found guilty of trading dog meat shall be fined TWO THOUSAND FIVE HUNDRED PESOS
(Php2,500.00) per dog or 6 months imprisonment or both at the discretion of the court.
10. Any person found guilty of using electrocutions as a method of euthanasia in disposing of dogs shall
be fined TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00).
SECTION 19. - REPEALING CLAUSE. MUNICIPAL ORDINANCE NO. 106, SERIES OF 1997 (An
Ordinance Requiring Owners/Caretakers Of Dogs To Register Their Animals For Identification And Proper
Dispensation Of Anti-Rabies Vaccines And Appropriating Funds For Their Purpose) AND MUNICIPAL
ORDINANCE NO. 182, SERIES OF 2003 (An Ordinance Prescribing Policies on Pet Dog Ownership and
Providing Penalties for Violation Thereof) are hereby repealed. Any other ordinance, orders, rules and
regulations or any part thereof which are inconsistent with this ordinance are hereby repealed and
modified accordingly.
SECTION 20. - SEPARABILITY CLAUSE. In case any provision of this Ordinance is declared
unconstitutional, the other provisions shall remain in full force and effect.
SECTION 21. - EFFECTIVITY. This Ordinance shall take effect upon approval and proper
publication.

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MARINE PRESERVATION AND PROTECTION
a) MUNICIPAL ORDINANCE NO. 60, S. 1993; “AN ORDINANCE REQUIRING OWNERS OF TRAWLS
USED IN CATCHING BANGUS FRY ON UNAWARDED FISHERY ZONES TO SECURE MAYOR’S PERMIT
BEFORE ENGAGING IN SUCH ACTIVITY.”
Be it ordained, by the Sangguniang Bayan of Malay, Aklan in session assembled, that;
SECTION 1. – It is required that owners used in catching bangus fry on unawarded fishery zones
in the Municipality must secure Mayor’s Permit of ₱50.00 before operating.
SECTION 2. – “TRAWL” as used in this ordinance refers to a structure made of bamboos and fine
nylon nets used in gathering bangus fry. “UNAWARDED FISHING ZONE” refers to a zone of municipal waters
designated by the Sangguniang Bayan for catching bangus fry not leased to any individual or corporation.
SECTION 3. – Any ordinance or parts thereof whose provisions are inconflict with or contrary to
the provisions of this ordinance are hereby repealed, amended or modified accordingly.
SECTION 4. – Any person who violates any provision of this ordinance shall be punished by a fine
not exceeding ₱200.00 and confiscation of trawls.
SECTION 5. – This ordinance shall take effect immediately.
APPROVED. July 12, 1993.
(APPROVED. SP RESOLUTION NO. 369, S. 1993, dtd. 8-27-93)
b) MUNICIPAL ORDINANCE NO. 64, S. 1993; “AN ORDINANCE BANNING THE USE OF DYNAMITE OR
ANY SIMILAR DEVICE WITH POISONOUS SUBSTANCES OR CHEMICALS IN CATCHING FISH IN THE
MUNICIPAL WATERS OF MALAY.”
WHEREAS, P.D. No. 704 whose motive is to regulate and control fishing activities in the entire
Philippine waters is always violated by some lawless citizens of this country;
WHEREAS, these people, although very much aware of their illegal activities keep on destroying
our valued natural resources unmindful of the warnings of our government authorities, especially the
local unit;
NOW THEREFORE
Be it ordained by the Sangguniang Bayan of Malay, Aklan, in accordance with P.D. No. 704 that;
SECTION 1. – Fishing through the use of dynamite or any similar devices with poisonous
substances and chemicals in the municipal waters of Malay, Aklan is hereby prohibited. This ordinance
supplements Presidential Decree 704 with particular emphasis on dynamite or any similar device with
poisonous substances killing all kinds of aquatic resources affected within the territorial waters of Malay,
Aklan.
SECTION 2. – PENAL CLAUSE. Any person or group of persons caught violating this ordinance if
convicted in court shall suffer an imprisonment of not more than six (6) months or be fined of not more
than TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or both at the discretion of the court. In
addition to above penalty, all the fishing devices including the motorboat or banca plus all the catch
therein will be impound or confiscated by the apprehending agency.
SECTION 3. – REPEALING CLAUSE. This ordinance compliments all other fishery ordinances based
on P.D. 704.
SECTION 5. – EFFECTIVITY. This ordinance takes effect immediately after approval of this body.

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c) MUNICIPAL ORDINANCE NO. 65, S. 1993; “AN ORDINANCE BANNING THE DISCHARGE OF TOXIC
ACID OR POISONOUS CHEMICALS WITHIN THE THREE (3) NAUTICAL MILES INSHORE IN THE
MUNICIPAL WATERS OF MALAY.”
WHEREAS, the inshore waters of this Municipality is vital to the economic welfare of our people
because this is where most of our fishermen get the fish and all aquatic resources that we eat daily, plus
the bangus fry that we sell outside which contribute largely to the income of our Municipality;
WHEREAS, also, our inshore waters and the entire shorelines of this Municipality is becoming a
popular bathing and picnic grounds and therefore we must protect and preserve this for our tourism
activity;
WHEREAS, it has been noted lately that some careless motorboat owners/operators throw out
or discharge their waste oil or toxic materials within a few meters inshore which is a communal fishing
ground and breeding place of the mother bangus, thereby poisoning or killing these small species;
NOW THEREFORE
Be it ordained by the Sangguniang Bayan of Malay, Aklan in session assembled, that;
SECTION 1. – COVERAGE. The throwing out or discharge of waste oil or any toxic materials within
the three (3) nautical miles limit of the municipal waters of Malay is strictly prohibited.
SECTION 2. – PENAL CLAUSE. Any person or group of persons caught violating this ordinance
shall be fined ONE THOUSAND PESOS (₱1,000.00) on first offense, and TWO THOUSAND FIVE HUNDRED
PESOS (₱2,500.00) on second offense and be imprisoned for three (3) months, or both fine and
imprisonment according to the discretion of the court on repeated offenses. In addition to fine and
imprisonment, the franchise or permit of the motorboat where discharged waste came from will be
revoked.
SECTION 3. – COMPLIMENTARY CLAUSE. This ordinance compliments other similar laws on anti-
pollution and marine conservation.
SECTION 4. – EFFECTIVITY. This ordinance takes effect forty (40) days after approval and proper
publication.
d) MUNICIPAL ORDINANCE NO. 75, S. 1994; “AN ORDINANCE MODIFYING MUNICIPAL ORDINANCE
NO. 48-B, S. 1991 BY DEFINING THE TERM “COMPRESSOR” AS USED IN THIS ORDINANCE AND
INCREASING THE PENALTY TO INCLUDE CONFISCATION OF THEIR FISHING PARAPHERNALIA.”
(SPONSORS: HON. LUSANY C. SUPETRAN and HON. WILBEC M. GELITO )
WHEREAS, in Municipal Ordinance No. 48-B, s. 1991 one of the fishing paraphernalia that is
explicitly prohibited in our Municipal Waters is termed ”Compressor”;
WHEREAS, this term is not clearly defined in said ordinance and so some philosophic
interpreters argue that compressor per se is not harmful to fishing because this machine or device is only
used to help divers to remain under sea for a longer time;
WHEREAS, local fishermen however, observed that with the use of compressor, the corals which
is the habitat of many fishes is destroyed and that with its strong air pressure many fishes, especially
small ones died;
Thus, to amend Municipal Ordinance No. 48-B, s. 1991, its full text shall be;
SECTION 1. – PROHIBITED ACTS. No person or group of persons is/are allowed to fish in the
Municipal Waters of Malay using fishing gears like compressor, panti-kalabaw, doldog or moro-ami,
holbot-holbot and other similar fishing gears proven to be harmful to our marine and aquatic resources.
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SECTION 2. – DEFINITION OF TERMS. As used in this Ordinance, the term “compressor” is defined –
as an air tank of different sizes, usually pumped in by a small engine, with attached accessories like a long
plastic hose where a person can breath and stay longer underwater. When used in fishing, the fisherman
using compressor is usually equipped with a spear gun or “pana” to catch fish.
SECTION 3. – PENALTY. The penalty for violation of this ordinance is increased to TWO THOUSAND
FIVE HUNDRED PESOS (₱2,500.00), confiscation of the fishing paraphernalia by the apprehending
authority or an imprisonment of not more than six (6) months or both fine and imprisonment according
to the discretion of the court.
SECTION 4. – Any ordinance inconsistent herewith is hereby amended or repealed.
SECTION 5. – EFFECTIVITY. This ordinance shall take effect thirty (30) days after its approval and
proper publication.
ENACTED and APPROVED. OCTOBER 3, 1994.
e) MUNICIPAL ORDINANCE NO. 87, S. 1996; “AN ORDINANCE BANNING THE USE OF SODSOD”
IN GATHERING SHELLS IN THE SHORES OF MALAY, AKLAN.”
DEFINITION OF TERMS:
As used in this ordinance the term “Sodsod” refers to an improvised instrument usually made of
bamboo and nets, similar but smaller than a trawl, that is used to gather ornamental shells like “Sigay”
and also edible shells like “Sicad-sicad), etc. This instrument destroys growing corrals, seaweeds which is
the common habitat of other edible marine products like octopus, small fishes, shrimps and crabs, etc.
“SIGAY” – common term for a kind of edible and ornamental shell commercially used in many
decorative crafts, necklace, vases, etc.
“SICAD-SICAD” – a common edible and nutritious species of shells which abound in Bolabog portion of
Boracay and also in the Poblacion in Malay. Its empty shell is also used as decoration in many crafts.
“HONASAN” – the dry or shallow portion of the shore during low tide where people can roam
around and pick-up/gather edible marine products like shells, crabs, fishes, octopus, etc.
Be it ordained by the Sangguniang Bayan of Malay, Aklan in session assembled, that;
SECTION 1. – ORDAINING CLAUSE. The use of “Sodsod” in gathering shells and other marine
products in the shores (Honasan) of Boracay and or within this Municipality is strictly prohibited.
SECTION 2. – PENAL CLAUSE. Anybody caught using this instrument in our area of responsibility
on of his catch and “sodsod”
SECTION 3. – EFFECTIVITY. This ordinance shall take effect after proper publication in our area of
concern.
ENACTED AND APPROVED. DECEMBER 28, 1995.
(APPROVED. SP RESOLUTION NO. 96-124, 5-28-96)
f) MUNICIPAL ORDINANCE NO. 97-102; “AN ORRDINANCE BANNING THE USE OF EXHAUST
MANIFOLD COOLING SYSTEM (SAGAP) OF PUMPBOATS WITHIN THE MUNICIPAL WATERS OF
MALAY.”
WHEREAS, it has been noted that some motorboat operating within our Municipal Waters has
adopted a cooling system to minimize the noise coming from the engine;
WHEREAS, the effect of this system is very hazardous to our marine life because this system
which is commonly called “sagap” is spelling out a lot of crude oil which pollute the water in the area; and
to control or minimize therefore this system of cooling or “sagap” in our Municipal Waters, the
Sangguniang Bayan of Malay, Aklan in session, hereby ordained, that;
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SECTION 1. – The use of “SAGAP” system within the Municipal Waters of Malay is strictly
prohibited.
SECTION 2. – Motorboats adopting this system are hereby advised to devise other means to
avoid excessive noise from engines without so much spelling or pollution on our waters.
SECTION 3. – PENALTY. Violators of this ordinance will be penalized a fine of P2,500.00 or be

imprisoned for not more than three (3) months according to the discretion of the court.
SECTION 4. – IMPLEMENTING AGENCY. The Coast Guard in coordination with the Local Police and
Barangay Tanod will be assigned to implement this Ordinance.
SECTION 5. – EFFECTIVITY. This Ordinance shall take effect on the first week of June 1997 after
proper publication and dissemination.
PRESENTED. MARCH 20, 1997.
g) MUNICIPAL ORDINANCE NO. 98-119; AN ORDINANCE REGULATING THE OPERATION OF SCUBA

DIVING SHOPS/SCUBA DIVERS, AND PERSONNEL ENGAGING IN SEA AND UNDER WATER SPORTS
ACTIVITIES, AND PRESCRIBING PENALTIES IN VIOLATION THEREOF.
SECTION 1. – REQUIRING ACTS. No Scuba Diving Shops owner/operators is allowed to

operate/and or engage in any diving activities within this Municipality without Mayor’s Permit or
Municipal License and shall be endorsed by the Boracay Association of Scuba Diving School (BASS).
a) PERSONNEL:
1) ”DIVE MASTER” – one who supervise diving activities for certified divers, assist instructors with
training students and instruct snorkeling.
2) “DIVE INSTRUCTOR” – a dive professional who undergone Instructor Development Course or

Instructor Orientation Course and successfully completed an Instructor Examinations (IE).
“SCUBA DIVER” – a person who is a certified diver or student that use scuba diving equipment
with compressed air and dive water for fun and adventure.
A. IDENTIFICATION OF DIVE SITES:
1) A mooring buoy shall be installed by the BASS members in coordination with LGU and
Philippine Coast Guard within the identified dive sites. See Annex A.
2) Collection of shells and other marine products is strictly prohibited.
B. CONFINE WATER SESSION (SHALLOW WATER EXERCISE):
a) A Diving Flag and Buoy with red and white color shall be carried along the area during water
session.
C. LOADING AND UNLOADING OF DIVERS AND DIVING EQUIPMENT:
1) Divers and diving equipment must be ready before docking of diving service/boats for
departure.
2) Diving/service boats must setback after unloading as per Municipal Ordinance No. 97-110.
D. NIGHT DIVE AND DAY TRIP OUTSIDE BORACAY ISLAND:
a) Diving Shop owners/operators must inform BASS officers to coordinate with the Philippine
Coast Guard before departure for night diving for recording and safety purposes.
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b) Lights with blue color shall be installed to the mast of the diving/service boat during night under
water operation.
E. REGULAR INSPECTION OF DIVING EQUIPMENT, DIVING BOATS AND BREATHING AIR COMPRESSOR:
a) Diving equipments, diving boats and breathing air compressor shall be inspected in every six (6)
months to be conducted by the “Inspection Team” that shall be composed of the following:
1) Sangguniang Bayan Member

2) Philippine Coast Guard
3) DOT Representative
4) BASS Representative
5) Presidential Commission Sports and Scuba Diving
b) “INSPECTION TEAM” shall formulate guidelines in accordance with the BASS rules and regulations.
F. PADI/BASS REGULATIONS IS HEREBY ADOPTED:
SECTION 4. – PENAL CLAUSE. Any violation of any provision of this Ordinance shall be fined ONE
THOUSAND PESOS (₱1,000.00) in first offense, ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00) in
second offense and TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) in third offense and revocation
of Mayor’s Permit and or imprisonment of not more than three (3) months or both at the discretion of the
court.
SECTION 5. – EFFECTIVITY. This Ordinance shall take effect upon approval and proper
publication.
(APPROVED. SP RESOLUTION NO. 99-66, dtd. 2-15-99))
h) MUNICIPAL ORDINANCE NO. 2001-139; “AN ORDINANCE DECLARING “ANGOL POINT REEF,
TAMBISAAN, AND CROCODILE ISLAND REEF, TULUBHAN REEF, ILIG-ILIGAN REEF, BALINGHAI
REEF, LAPUS-LAPUS REEF AND SA-ID POINT” AS FISH SANCTUARY AND REGULATING ITS
PROTECTION, EXPLOITATION AND UTILIZATION.”
Be it ordained by the Sangguniang Bayan of Malay, that:
SECTION 1. – DEFINITION OF TERMS/PHRASES. For purposes of this Ordinance, the following

terms/phrases are hereby defined, to wit:
(a) FISH SANCTUARY – a natural habitat of fishes and other marine species declared by law or ordinance to
be reserved for fish shelter and breeding place for the production of marine species and preservation
of other forms of marine life.
(b) RESTRICTED ZONE – a body of marine waters surrounding the following areas:
(1) “ANGOL POINT REEF” - the area approximately 500 m. from North to South of the reef covering the
distance from Lorenzo South Beach Resort to Angol Point.
(2) “TAMBISAAN AND CROCODILE REEF” – the area approximately 500 m. from North to South of the reef
to the end of the Beach and North of Tambisaan.
(3) “TULUBHAN REEF” – the area approximately 500m. perpendicular to the sea from the shoreline,
covering the distance from North to South approximately 500 m.
(4) “ILIG-ILIGAN REEF” – the area approximately 500 m. rectangular, starting from the shoreline, North
to South of the reef.
(5) “BALINGHAI REEF” – the area approximately 500 m. perpendicular to the sea from the shorelines.
A covering distance from Friday’s Beach Resort to Balinghai area.
(6) “LAPUS-LAPUS REEF” – the area approximately 500 m. rectangular covering the distance from the
shoreline North to South.
(7) SA-ID POINT (Bolabog) to Sawang

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(8) 15 SCUBA DIVING SITE AROUND THE ISLAND – the area approximately 1,000 m. perpendicular to the
sea from the shoreline. At a distance of 300 m. along the center, from North to South and West to
East and declared by law or ordinance as “off-limit” or prohibited to fishing operations and/or
exploitation/utilization of marine species; and
(c) PROTECTED AREA MANAGEMENT BOARD (PAMB) – a policy making body created to oversee and manage
the protection and preservation of fishes and all forms of marine life within the sanctuary and
safeguard the encroachment of fishing operations and/or any or all types of methods of fish capture
within the Restricted Zone.
SECTION 2. – OFFICIAL DECLARATION OF “ANGOL POINT REEF, TAMBISAAN AND CROCODILE ISLAND REEF,
TAM TULUBHAN REEF, ILIG-ILIGAN REEF, BALINGHAI REEF, LAPUS-LAPUS REEF AND SA-ID POINT” (BOLABOG TO
SAWANG) AS FISH SANCTUARY. By virtue of the powers vested by law in the Sangguniang Bayan pursuant to
the pertinent provisions of Section 447 (a-1-vi) it is hereby declared that “Angol Point Reef, Tambisaan
and Crocodile Island Reef, Tulubhan Reef, Ilig-iligan Reef, Balinghai Reef, Lapus-lapus Reef and Sa-id
Point” (Bolabog to Sawang) located within the Municipal waters of this Municipality is reserved as Fish
Sanctuary in the context of Section 1(a) hereof. The fish sanctuary shall encompass the Body of marine
waters surrounding the following:
1) “ANGOL POINT REEF” - the area approximately 500 m. from North to South of the reef covering the
2) “TAMBISAAN AND CROCODILE REEF” – the area approximately 500 m. from North to South of the reef to
the end of the Beach and North of Tambisaan.
3) “TULUBHAN REEF” – the area approximately 500 m. perpendicular to the sea from the shoreline,
covering the distance from North to South approximately 500 m.
4) “ILIG-ILIGAN REEF” – the area approximately 500 m. rectangular, starting from the shoreline, North to
South of the reef.
5) “BALINGHAI REEF” – the area approximately 500 m. perpendicular to the sea from the shorelines. A
covering distance from Friday’s Beach Resort to Balinghai area.
6) “LAPUS-LAPUS REEF” – the area approximately 500 m. rectangular covering the distance from the
7) SA-ID POINT (Bolabog) to Sawang
SECTION 3. – RESTRICTED ZONE. The pertinent provisions of existing Municipal Fishery

Ordinances to contrary notwithstanding, any and all forms or types of fishing operations and/or methods
of fish capture or exploitation/utilization of other species of marine life within the protected area of the
Fish Sanctuary as delineated in Section 2 hereof is/are strictly prohibited.
SECTION 4. – CREATION OF THE PROTECTED AREA MANAGEMENT BOARD (PAMB). In order to provide
adequate, effective and efficient management and enforcement of regulations to carry out and attain the
goals, aims and purposes for the establishment of the Fish Sanctuary, a Protected Area Management
Board (PAMB) is hereby created with the following composition, powers and functions, to wit:
(a) COMPOSITION. The PAMB shall be composed of the Municipal Mayor as Chairman; the Vice Mayor as
Vice Chairman; the Chairperson of the SB Committee on Agriculture and Committee on Natural
Resources, Barangay Chairman of Barangay Manocmanoc, Balabag and Yapak; President Sea and
Underwater Sport association; Chairman BFARMC of Barangay Manocmanoc, Balabag and Yapak;
Chairman MFARMC; Municipal Agriculturist; MARICOM; and the Chief of Police as regular members.
The PAMB shall create a Technical Staff who shall undertake and take charge of the
Secretariat and Monitoring requirements of PAMB.
(b) POWERS AND FUNCTIONS. The Protected Area Management Board (PAMB) is hereby vested and
delegated with the powers and authority to do and perform the following acts and things, namely:
(1) Promulgate and issue policy guidelines pertaining to the effective and efficient management,
protection, preservation and utilization of marine resources within the parameter of the Fish
Sanctuary;
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(2) Enforce the laws and regulations governing the implementation of policies, projects and
programs initiated and conducted in the protected area of the Fish Sanctuary;
(3) Create Administrative and law-enforcement structures or organizations to supplement and support the
MARICOM and other law-enforcement agencies of the government in accordance with the pertinent
provisions of Section 391 (16) of R.A. No. 7160; and
(4) Perform such other functions necessary for the attainment of the goals and purposes for the
establishment of the Fish Sanctuary.
(c) BUDGETARY SUPPORT. The Municipal Budget Officer of this Municipality is hereby enjoined to provide
budgetary support and/or appropriation for the administrative operations of the Protected Area
Management Board (PAMB) as may be requested by the PAMP through the Municipal Mayor, which
shall be included in the Annual Budget.
SECTION 5. – PENAL CLAUSE. Violation of any or all of the foregoing provisions of this Ordinance
shall subject the offender to a fine of not less than TWO THOUSAND PESOS (₱2,000.00) but not more than
TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or imprisonment of not less than three (3) months
but not more than six (6) months or both such fine and imprisonment at the discretion of the court, and
outright impounding of the fishing paraphernalia or nets used and confiscation of the fish catch or other
marine product collected.
SECTION 6. – REPEALING CLAUSE. All other ordinances and/or resolutions previously passed by
this Sangguniang Bayan and approved by the authorities concerned, which are inconsistent with the
provisions of this ordinance are hereby repealed and revoked.
SECTION 7. – SEPARABILITY CLAUSE. The provisions of this Ordinance are hereby declared to be
separable and, if any clause, sentence, provisions or Section of this Ordinance or application thereof to
any person or circumstance should for any reason to be held invalid, such invalidity shall not affect the
other provisions of application of this Ordinance.
SECTION 8. – EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after approval of the
Body and after due information and proper publication.
ENACTED. DECEMBER 7, 2000.
h.1 MUNICIPAL ORDINANCE NO. 271, S. 2009; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 2001-139, AN ORDINANCE DECLARING “ANGOL POINT REEF,
TAMBISAAN AND CROCODILE ISLAND REEF, TULUBHAN REEF, ILIG-ILIGAN REEF,
LAPUS-LAPUS REEF, BALINGHAI REEF, SAID POINT, PUNTABUNGA REEF AND
BUNYOGAN REEF,” AS MARINE PARKS AND OUTLINING GUIDELINES FOR THEIR
MANAGEMENT, PROTECTION, PRESERVATION AND UTILIZATION.
SECTION 1. – RATIONALE. The marine areas identified by Municipal Ordinance No. 2001-139 as
fish sanctuaries are all located off shore Boracay Island. Considering the rigidity of the policies for
sanctuaries and by reason of their location, designating these areas as fish sanctuaries is not viable. It is
therefore appropriate to downgrade the classification of these areas as marine parks where some
tourism related marine activities, such as snorkeling and diving, may be permitted. Hence this repeal
and/or amendment.
SECTION 2. – DEFINITION OF TERMS/PHRASES. For purposes of this Ordinance, the following

terms/phrases, whether in singular or plural form, shall mean:
a. MARINE PARK – an area in marine waters appropriately demarcated containing natural marine
curiosities reserved by LGU-Malay for public enjoyment by way of permissible recreational activities.
b. MARINE CURIOSITIES – any marine specie and/or natural phenomena adopted to excite interest or
inquiry to satisfy ones curiosity or thirst for knowledge.
c. ANGOL POINT REEF – the area approximately 500 m. from North to South of the reef covering the
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d. TAMBISAAN AND CROCODILE REEF – the area approximately 500 m. from North to South of the reef to the
end of the Beach and North of Tambisaan.
e. TULUBHAN REEF – the area approximately 500 m. perpendicular to the sea from the shoreline, covering
the distance from North to South approximately 500 m.
f. ILIG-ILIGAN REEF – the area approximately 500 m. rectangular, starting from the shoreline, North to
South of the reef.
g. BALINGHAI REEF – the area approximately 500 m. perpendicular to the sea from the shorelines. A
covering distance from Friday’s Beach resort to Balinghai area.
h. LAPUS-LAPUS REEF – the area approximately 500 m. rectangular covering the distance from the
i. SA-ID POINT (Bolabog) to Sawang)
j. PUNTA BUNGA REEF – an area approximately 500 square meters measured offshore from the high mean
water mark of Punta Bunga Beach.
k. BUNYUGAN REEF – an area approximately 500 square meters measured offshore from the high mean
water mark of Bunyugan Beach.
l. 15 SCUBA DIVING SITES AROUND BORACAY ISLAND – the area approximately 1,000 m. perpendicular to the
sea from the shoreline. At a distance of 300 m. along the center, from North to South and West to
East and declared by law or ordinance as “off-limit” or prohibited to fishing operations and/or
exploitation/utilization marine species.
SECTION 3. – IDENTIFIED AND DECLARED MARINE PARKS. Official Declaration of “Angol Point Reef,
Tambisaan and Crocodile Island Reef, Tulubhan Reef, Ilig-iligan Reef, Balinghai Reef, Lapus-lapus Reef,
Said Point” (Bolabog to Sawang), Punta Bunga Reef and Bunyogan Reef,” as Marine Park. By virtue of the
powers vested by law in the Sangguniang Bayan pursuant to the pertinent provisions of Section 447 (a-1-
vi), “Angol Point Reef, Tambisaan and Crocodile Island Reef, Tulubhan Reef, Ilig-iligan Reef, Balinghai
Reef, Lapus-lapus Reef, Sa-id Point” (Bolabog to Sawang), Punta Bunga Reef, Bunyogan Reef and 15 Scuba
Diving Sites around Boracay Island located within the Municipal waters of this Municipality are identified
and declared as Marine Parks. Proper demarcations shall be installed, area of each shall be based on the
defined parameters provided by Section 2 of this ordinance.
SECTION 4. – PERMISSIBLE TOURISM MARINE RECREATIONAL ACTIVITIES. Marine Parks. Only

snorkeling and diving activities for sightseeing and/or viewing purposes shall be permissible within the
perimeters of the identified marine parks. All other forms or types of fishing and/or methods of marine
specie capture and utilization of the marine park are strictly prohibited.
SECTION 5. – PENALTIES. Violation of any or all of the foregoing provisions of this Ordinance shall
subject the offender a fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and/or imprisonment
of not less than three (3) months but in no case more than six (6) months or both at the discretion of the
court. Outright impounding of the fishing vessel and fishing paraphernalia used and confiscation of the
fish catch and/or other marine products collected shall likewise be made.
which are in conflict with, or contrary to, the provisions of this ordinance are hereby amended, or
publication.
i) MUNICIPAL ORDINANCE NO. 2001-141; “AN ORDINANCE BANNING THE EXTRACTION AND
COLLECTION OF WHITE SAND AND PEBBLES IN THE BEACHES OF BORACAY ISLAND.”
“Be it ordained by the Sangguniang Bayan that:”

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SECTION 1. – PROHIBITED ACTS. No person, natural or juridical, shall extract and collect white
sand and pebbles in the beaches of Boracay Island for any purpose.
SECTION 2. – PENALTY. Violation of any provisions of this Ordinance shall be punished by a fine
of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and confiscation or imprisonment of not less
than six (6) months or both fine at the discretion of the court.
provisions are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed,
i.1 MUNICIPAL ORDINANCE NO. 310, S. 2012; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO.141, SERIES OF 2001 (AN ORDINANCE BANNING THE EXTRACTION AND
COLLECTION OF WHITE SANDS AND PEBBLES IN THE BEACHES OF BORACAY ISLAND).
WHEREAS, Article 2, Section 16 of the Constitution provides that the State shall protect and
advance the right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature;
WHEREAS, the Local Government Code likewise mandates the protection of the environment and
impose appropriate penalties for acts which endanger the environment;
WHEREAS, Boracay Island, a masterpiece of nature endowed by the Almighty with powdery
white sands, is gradually dissipated by man’s selfish interests without due regard to consequences;
WHEREAS, the blatant extraction of the white sands in the Island of Boracay has greatly
diminished its beauty and causes the slow degradation if not the destruction of the pristine Island;
THEREFORE, to preserve this gift of nature for beauty and for posterity, the necessity to impose
stricter penalties is a must to deter the devastation of the Island, instill a sense of discipline, social
responsibility and awareness for the environment to promote ecological balance and sustainable
development.
SECTION 1. - AMENDMENT. Section 2 of Municipal Ordinance No. 141, Series of 2001 is hereby
“SECTION 2. PENALTY. A fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or imprisonment of
not less one (1) month nor more than three (3) months or both , at the discretion of the Court,
shall be imposed for the first offense committed by individuals.
For the SECOND AND SUBSEQUENT OFFENSES, an imprisonment of not less than three (3)
months nor more than six (6) months or both, at the discretion of the Court, shall be imposed.
Juridical persons, hotels, resorts, or business establishments violating this Ordinance

shall be fined TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or imprisonment of not
less one (1) month nor more than six (6) months or both, at the discretion of the Court, shall
be imposed upon its president, manager, administrator, owner or proprietor. Revocation of
Business Permit may be imposed whenever warranted.
Aside from the penalties provided herein, the white sands and pebbles extracted and
collected shall be returned to the beach where it was taken from at the expense of the
violator. Mere possession of white sands and pebbles within the Municipality of Malay shall
be presumed extracted from Boracay Island and shall be considered prima facie evidence of
extraction.”
SECTION 2. - AMENDMENT. An addendum to Municipal Ordinance No. 141, Series of 2001 is

hereby provided to read as follows:
Page 66
“SECTION 3. IMPLEMENTATION. The Office of the Mayor and its deputized representatives or the Malay
Auxiliary Police (MAP) in coordination with the Philippine National Police (PNP) and other
law enforcement agencies are tasked to properly and strictly implement this Ordinance.”
SECTION 3. - DATE OF EFFECTIVITY. This Ordinance shall take effect upon approval and proper
publication.
(APPROVED: SP RESOLUTION NO. 2012-124, dtd 5-9-12.)
j) MUNICIPAL ORDINANCE NO. 162, S. 2002; “AN ORDINANCE DESIGNATING SNORKELING AREAS
IN THE MUNICIPALITY OF MALAY, REGULATING ITS USE, IMPOSING SNORKELING FEE AND
PROVIDE PENALTIES FOR VIOLATION THEREOF.”
SECTION 1. – DEFINITION OF TERMS. The following terms, as used in this ordinance, shall mean:
(a) SNORKELING AREAS – refer to designated areas wherein tourists are permitted to conduct snorkeling
activities.
(b) SEA RANGERS – refer to FARMC members deputized by the local government of Malay as caretakers of
snorkeling and other marine protected areas.
(c) SNORKELERS – refer to anybody submerged in water for the purpose of viewing marine life and
underwater scenery using a certain device or simply swimming within the snorkeling area.
SECTION 2. – SNORKELING AREAS. The following are hereby declared snorkeling areas:
(a) Area offshore Barangay Tambisaan, Manocmanoc.

(b) Area offshore Angol Point.
(c) Area offshore between Willy’s Place and Fridays (Fridays Reef).
(d) Ilig-iligan Reef
(e) Balinghai Reef
(f) Said to Sawang Reef (Sitio Bolabog of barangay Balabag)
(g) Tabon Point Reef
(h) Area off-shore Caticlan Airport and Sambiray
(i) Tulubhan Reef
(j) Coral Garden – Off-shore Casa Pilar
SECTION 3. – PROHIBITION. The following acts are hereby prohibited within the declared
snorkeling areas:
(1) Dropping of anchor.

(2) Dispensing motor oil or other pollutants of whatever nature.
(3) Belching
(4) Fishing of whatever nature
(5) Picking of corals or other marine products for whatever purpose, except for research purposes.
(6) Vandalism/scraping of corals
SECTION 4. – DEPUTIZATION OF FISHERY AND AQUATIC RESOURCE MANAGEMENT COUNCIL (FARMC) AS

SEA RANGERS. Members of the Fishery and Aquatic Resource Management Council (FARMC), in barangays
where declared snorkeling area is located, are hereby deputized to be caretakers of the aforementioned
area. Such deputization shall be covered by a Memorandum of Agreement between the Barangay FARMC
and the Municipality of Malay represented by the Local Chief Executive.
SECTION 5. – SNORKELING FEE. A snorkeling fee of TWENTY PESOS (P20.00) shall be charged to
anyone who snorkel in a designated snorkeling area. Such amount shall be allocated for the maintenance
and preservation of the marine life and the natural marine scenery in the declared snorkeling areas.
SECTION 6. – MANNER AND CUSTODY OF COLLECTIONS. Collection and custody of snorkeling fees
shall be delegated to a designated FARMC member of the concerned barangay, remittance of which shall
be made according to the terms stipulated in a Memorandum of Agreement entered into by the
concerned parties.
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SECTION 7. – COLLECTION SHARING. Collected snorkeling fees shall be shared by the sea rangers or
caretakers, the concerned barangay and the Municipality of Malay based on the rates of percentage
agreed upon by the aforementioned parties in a Memorandum of Agreement.
SECTION 8. – PENALTIES.
(a) SANCTIONS FOR THOSE WHO VIOLATE SECTION 3, PARAGRAPHS 1, 2 AND 3 OF THIS ORDINANCE.
FIRST OFFENSE . . . . Stern warning and ONE THOUSAND PESOS (₱1,000.00) fine.
SECOND OFFENSE . . Suspension of license to operate as snorkeling service for one (1) month and a fine
of ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00).
THIRD, AND SUBSEQUENT OFFENSES . . Cancellation of license to operate as Snorkeling service and a fine
of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00).
(b) SANCTIONS FOR THOSE WHO VIOLATE SECTION 3, PARAGRAPHS 4, 5 AND 6.
FIRST OFFENSE – Stern warning, ONE THOUSAND PESOS (₱1,000.00) fine and confiscation of marine
products and gadgets used for such collection, as the case may be.
SECOND AND SUBSEQUENT OFFENSES – Five (5) days imprisonment, TWO THOUSAND PESOS
(₱2,000.00) fine and confiscation of marine products and gadgets used for such collection, as the
case may be.
provisions are in conflict with, or contrary to, the provision of this ordinance are hereby repealed,
publication.
k) MUNICIPAL ORDINANCE NO. 193, S. 2003; “AN ORDINANCE DESIGNATING MOORING AREAS FOR
VESSELS MORE THAN EIGHTEEN (18) GROSS TONS AND PRESCRIBING MOORING FEES FOR THE
USE THEREOF.”
SECTION 1. – MOORING AREAS. Sambiray Port, Caticlan and Five Hundred (500) meters offshore
Angol Point are designated as mooring areas for vessels over eighteen (18) gross tons of whatever
nature, make and use.
SECTION 2. – MOORING FEE. Owner/s or operator/s, natural or juridical, of any sea craft or vessel
that moor in the aforesaid areas shall be charged per day mooring fee based on the following scheduled
rates:
a) Foreign Tourist Liners/Ships . . . . . . . . . . . . . . TEN THOUSAND PESOS (₱10,000.00)
b) Domestic Tourist Lines/Ships . . . . . . . . . . . . . FIVE THOUSAND PESOS (₱5,000.00)
c) Cargo Ships/Vessels (Barge included). . . . . . . ONE THOUSAND PESOS (₱1,000.00)
d) Inter-Island Passenger Vessels . . . . . . . . . . . . . FIVE HUNDRED PESOS (₱500.00)
e) Other seacrafts or vessels, to include

Yacht and Fishing Boats,
over eighteen (18) gross tons . . . . . . . . . . . . . . TWO HUNDRED FIFTY PESOS (₱250.00)
For purposes of this ordinance, per day shall mean twenty four (24) hours or any fraction
short thereof. Any fraction in excess of twenty four (24) hours shall be treated as a full day hence
full payment of the appropriate above-stated rate.
Page 68
The Municipality of Malay shall install buoy in the area in coordination with the Philippine
Coast Guard and MARICOM.
SECTION 3. – PENALTY. A fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) shall be
imposed upon the vessel’s Captain for violation of Section 1 of this ordinance. An additional fine of TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00) per day shall be imposed for refusal to transfer to any
designated mooring area after due notice has been served by proper local authority.
l) MUNICIPAL ORDINANCE NO. 237, S. 2006, “AN ORDINANCE REGULATING MUNICIPAL FISHING
WITHIN THE TERRITORIAL WATERS OF MALAY.”
(SPONSOR: HON. GEDION T. SIÑEL)
SECTION 1. – RATIONALE. Due to over fishing, fish catch of Malay fisherfolks has declined
dramatically in recent years. This piece of legislation is promulgated to address this concern and sustain
the livelihood requirements of the fisherfolks of Malay. Further, identified tourism areas must also be
protected in order to maximize their tourism potentials.
SECTION 2. DEFINITION OF TERMS. As used in and for purposes of this ordinance, the following
terms whether in singular or plural, are hereby defined as follows:
REGISTERED MUNICIPAL FISHERFOLKS OF MALAY - are person who are directly or indirectly engaged in
municipal fishing and other fishing activities and who are duly registered in the roster of fisherfolks in
the Municipal Agricultural Office of LGU-Malay.
MUNICIPAL FISHING – refers to fishing within the municipal waters of LGU-Malay using fishing vessels of
three (3) gross tons or less or fishing for commercial purposes not requiring the use of fishing vessels.
MUNICIPAL WATERS – include not only streams, lakes, inland bodies of water and tidal waters within the
municipality which are not included within the protected areas as defined under Republic Act. No. 7586
(The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters
included between two (2) lines drawn perpendicular to the general coastline form points where the
boundary lines of the municipality touch the sea at low tide and a third line parallel with the general
coastline including offshore inlands and fifteen (15) kilometers from such coastline. Where two (2)
municipalities are so situated on opposite shores that there is less that thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from opposite shore of the respective
municipalities.
COMMERCIAL FISHING– the taking of fishery species by passive or active gear for trade, business or profit
beyond subsistence or sports fishing, to be further classified as:
1) SMALL SCALE COMMERCIAL FISHING – fishing with passive or active gear utilizing fishing vessels of
3.1 gross tons (GT) up to twenty (20) GT;
2) MEDIUM SCALE COMMERCIAL FISHING – fishing utilizing active gears and vessels of 20.1 GT up to one
hundred fifty (150) GT; and
3) LARGE SCALE COMMERCIAL FISHING – fishing utilizing active gears and vessels of more than one
hundred fifty (150) GT.
FISHERFOLKS – people directly or personally and physically engaged in taking or catching fishery and/or
aquatic resources.
FISHING VESSEL – any boat, ship or other watercraft equipped to be used for taking of fishery species or
aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing, including,
but not limited to preservation, supply, storage, refrigeration, transportation and/or processing.
GROSS TONNAGE – includes the underdeck tonnage, permanently enclosed spaces above the tonnage deck,
except for certain exemptions. In broad terms, all the vessel’s closed-in spaces expressed in volume
terms on the bases of one hundred (100) cubic feet is equals to one gross ton.
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FATHOM – a measure of length to reach bottom, one fathom equals to six (6) feet.
COMPRESSOR – as used in this ordinance is an air tank of different sizes, usually pumped in by a small
engine, with attached accessories like a long plastic hose where a person can breath and stay longer
underwater.
SECTION 3. – MALAY FISHERFOLKS. REGISTRATION. LGU-Malay shall maintain a registry of resident

municipal fisherfolks who are fishing or may desire to fish in municipal waters of LGU-Malay. Resident
Certificate and Punong Barangay’s Certification are conclusive proofs of residency.
SECTION 4. - REGISTERED MUNICIPAL FISHERFOLKS. PREFERENTIAL PRIVILEGE. Registered municipal

fisherfloks of Malay shall be granted preferential privilege to conduct fishing activities within the
municipal waters of Malay. Provided that regulatory policies and restrictions provided by the Fisheries
Code of 1998 are strictly complied.
SECTION 5. - MUNICIPAL FISHING. PROHIBITION. No person or group of persons is/are allowed to

fish in the municipal waters of Malay using fishing gear like compressor, panti-kalabaw, doldog or moro
ami, holbot-holbot, explosives, noxious or poisonous substance such as sodium cyanide and other similar
fishing gears proven to be harmful to our marine and aquatic resources. Fishing of any nature is likewise
prohibited within three hundred meters off-shore the long beach from Angol Point to Boracay Terraces
Resort.
SECTION 6. – MUNICIPAL FISHING. AUTHORIZATION OR PERMIT. Small and medium scale fishing
vessel may be granted authorization or permit to operate within the ten point one (10.1) to fifteen (15)
kilometer area from the shoreline in Municipal waters as defined herein, provided, that all the following
are met:
a) No commercial fishing in municipal water with depth less than seven (7) fathoms as certified by the
appropriate agency;
b) Fishing activities utilizing methods and gears that are determined to be consistent with national
policies set by the Department;
c) Prior consultation, through public hearing, with the MFARMC has been conducted, and the applicant
vessel as well as the ship owner, employer, captain and crew have been certified by the appropriate
agency as not having violated the code, environmental laws and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in bays as
determined by the Department to be in and environmentally critical condition and during closed season
as provided for in Section 9 of this Code.
SECTION 7 – MUNICIPAL FISHING. SPECIAL PERMIT. Registered municipal fisherfolks may be granted
Special Permit by the Office of the Mayor to engage in municipal fishing within the municipal waters of
LGU-Malay provided that the following are complied.
a) Favorable Endorsement by the Municipal Fisheries and Aquatic Resources Management Council
(MFARMC).
b) Fishing Permit by the Municipal Agricultural Office after ocular inspection of fishing gears.
c) Submission of Proof of Ownership of fishing boats and fishing gears issued by pertinent government
agencies.
SECTION 8. - DUMMY. PROHIBITION. It shall be prohibited of any transient fisherkolks and/or

transient fishing entity, juridical or natural, to use the name of any resident municipal fisherfolks of
Malay or any resident of Malay for purposes of securing a Permit to engage in municipal fishing within
the municipal waters of LGU-Malay. Any person or fisherfolk who caused or permit himself to be used as
a dummy shall likewise be penalized as provided by this ordinance.
SECTION 9. - EXEMPTION. SPORTS AND TOURISM RELATED FISHING ACTIVITY. Sports and tourism
related fishing activities are not within the preview of this ordinance. Such activities however must be
duly registered with the Municipal Agricultural Office of LGU-Malay for monitoring and regulatory
purposes.
SECTION 10. – PENALTIES. Apprehension of any person, natural or juridical, conducting fishing
activities in violation of Section 5, 6 and 7 of this ordinance shall suffer the following penalties:
a) Fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)

Page 70
b) Confiscation of catch
c) Impoundment of vessel and fishing gadget/gears
d) Upon the discretion of the proper court, imprisonment of crew members for not less than fifteen
(150 days and no more than thirty (30) days.
Upon discovery of the dummy scheme, any person, natural or juridical, shall be fined TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and cancellation of the Special Permit to engage in
municipal fishing, if such has already been granted. The person or local fihserfolk who was used as a
dummy shall also be fined ONE THOUSAND PESOS (₱1,000.00) within the municipal waters of Malay
after discovery of the dummy scheme, impoundment of vessel and fishing gadgets/gear shall result
therefrom.
SECTION 11. – AMENDMENTS. All ordinances, rules and regulations, or parts thereof, provisions of which
are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended, or
publication.
m) MUNICIPAL ORDINANCE NO. 240, S. 2006; “AN ORDINANCE DECLARING BARANGAY SAMBIRAY
AND ITS PERIPHERY AS FISH LANDING AREA IN THE MUNICIPALITY OF MALAY, AKLAN.”
(SPONSOR: HON. GIDEON T. SIÑEL)
SECTION 1. – RATIONALE. The LGU shall coordinate with the private sector and other concern
agencies and FARMCs in the establishment of Post Harvest Facilities for fishing communities such as, but
not limited to, municipal fish landing sites, fish ports, ice plants, and cold storage, and other fish
processing establishments to service primarily the needs of municipal fisherfolks: provided that such
post harvest facilities shall be consistent with the comprehensive Post Harvest and Ancillary Industries
plan.
SECTION 2. – DEFINITION OF TERMS. As used in, and for purposes of this ordinance, the following
terms, whether in singular or plural are hereby defined as follows:
POST-HARVEST FACILITIES – these facilities include, but are not limited to fish ports, fish landings, ice plant
and cold storages, fish processing plants.
ANCILLARY INDUSTRIES – firms or companies related to the supply, construction and maintenance of fishing
vessels, gears, nets and other fishing paraphernalia; fishery machinery shops, and other facilities such as
hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants and other pre-harvest
and post-harvest facilities.
WHARF – a structure built on the shore of a harbor.
HARBOR – a body of water for ship’s refuge.
MOORING – to secure a boat/vessel in a place by fastening with cable or line.
ANCHORING – to hold fast the vessel or ship in the harbor by means of chain, cable or rope and anchor.
SECTION 3. – BARANGAY SAMBIRAY DECLARED AS FISH LANDING AREA. Barangay Sambiray is

declared as municipal fish landing area of Malay, Aklan. It shall be prohibited for any fishing
boats/vessels (foreign or domestic) to unload fish cargoes, and to load paraphernalia and facilities aside
from the designated area within the territorial shoreline of Barangay Sambiray, Malay, Aklan.
SECTION 4. – DESIGNATED AREA. Designated areas for unloading of fish cargoes from fishing
boats/vessels (foreign or domestic) and loading equipments and other paraphernalia shall be identified
by LGU-Malay within the shoreline of Barangay Sambiray.
Page 71
SECTION 5. – MOORING AND ANCHORING. All fishing boats/vessels (foreign or domestic) shall moor
and anchor within the shoreline of Barangay Sambiray. For purposes of this ordinance, the shoreline of
Barangay Sambiray will start from the Mouth of Potol River in the East up to the mouth of Banga Creek in
the West.
SECTION 6. – CHARGES AND FEES. LGU-Malay shall impose and collect fees and services or users charges
for any service rendered in connection with the operation of above-cited public utilities owned, operated
and maintained by the Municipality, rates of which shall be based on existing revenue ordinance. Charges
shall be based on wharfage fee, quantity of fish catch in tubs/boxes or other containers in kilograms.
SECTION 7. – PENALTIES. Owners/operators of fishing boats/vessels (foreign or domestic) who

violates Section No. 3 shall suffer the following penalties. First offense ONE THOUSAND PESOS
(₱1,000.00), second offense ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00), third offense TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and cancellation of permit to operate within the
territorial waters of Malay and confiscation of catch fishing boats/vessels and patron/captain’s license
and/or imprisonment of not less than ten (10) days and not more than thirty (30) days upon the
publication.
n) MUNICIPAL ORDINANCE NO. 260, S. 2008; AN ORDINANCE ADOPTING THE REGISTRATION OF

MUNICIPAL FISHERIES AND FISHING VESSELS AND LICENSING OF FISHING OPERATIONS IN
THE MUNICIPALITY OF MALAY.
Be it enacted by the Sangguniang Bayan of Malay, Aklan
CHAPTER I
GENERAL PROVISION
SECTION 1. – TITLE. This ordinance shall be known as the “Fishing Registration and Licensing
Ordinance of Malay.”
SECTION 2. – SCOPE. The ordinance shall cover all municipal capture fishers, natural or juridical,
their vessel, gear and other paraphernalia, which are operating in the municipal waters of the
Municipality of Malay.
SECTION 3. – POLICY. It is the policy of the Municipality of Malay to promote the proper
management, conservation, development, protection, and utilization of its municipal waters. It shall
regulate the utilization of its coastal and fishery resources. These policies shall be achieved through
registration and licensing by limiting access to the fishery and aquatic resources of the municipality by
giving priority to the residents and to protect the rights of the fishers in the preferential use of municipal
waters.
SECTION 4. – DEFINITION OF TERMS. As used in this Ordinance, the following terms are defined as
follows:
a) ADMEASUREMENTS – the measure of the volumetric capacity of the fishing vessel to determine its
Gross Tonnage.
b) BFAR – Bureau of Fisheries and Aquatic Resources.
c) BFARMC – Barangay Fisheries and Aquatic Resources Management Council.
d) CERTIFICATE OF FISHER REGISTRATION – proof that the fisher is listed in the municipal fishers’ registry.
e) CERTIFICATE OF NUMBER – proof of conferment of identity of fishing vessel.
f) FISHERFOLK COOPERATIVE – a duly registered association of fishers with a common bond interest, who
have voluntarily joined together to achieve a lawful common social or economic end, making
equitable contribution to the capital requirement and accepting a fair share of the risks and benefits
of the undertakings in accordance with universally accepted cooperative principles.
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g) FISHERFOLK ORGANIZATION – an organized group, association, federation, alliance or institution of

fishers which has at least fifteen (15) members, a set of officers, a constitution and by-laws, an
organizational structure and program of action.
h) FISHER REGISTRATION – the act/process of enlisting fishers for the purpose of determining priorities
among them, of limiting entry into municipal waters, and of monitoring activities and/or other
purposes.
i) FISHING – the taking of fishery species from the wild state or habitat with or without the use of
fishing vessels.
j) FISHING GEAR – any instrument or device and its accessories utilized in taking fish and other fishery
species.
k) FISHING LICENSE – a permit to fish specific types of fishing gears, vessel(s), and other fishing
paraphernalia for a specified duration in municipal waters, granted only to registered fishers.
l) FISHING VESSEL - any boat, ship or other watercraft equipped to be used for taking of fishery species
aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing,
including but not limited to, preservation, supply storage,
m) GROSS TONNAGE – the product of vessel tonnage length, depth and breadth multiplied by a factor of
0.70 divided by 2.83.
n) HOMEPORT – refers to the LGU where the fishing vessel is registered.
o) LGUS – local government units; refers to cities or municipalities.
p) MARINA – Maritime Industry Authority.
q) MOTORIZED FISHING VESSEL – a fishing vessel propelled by mechanical means.
r) MUNICIPAL FISHERS – people directly or personally and physically involved in taking fishery species
from their wild state or habitat operating within municipal waters.
s) MUNICIPAL FISHING VESSEL – any watercraft used for fishing or in support to fishing operations in
municipal waters weighing three (3) gross tons and below.
t) MFVR – Municipal Fishing Vessel Registration Form.
u) MUNICIPALITY – refers to the Municipality of Malay.
v) MUNICIPAL MAYOR – the Municipal Mayor of Malay.
w) NET TONNAGE – the gross tonnage multiplied by a factor 0.32.
x) PCG – Philippine Coast Guard.
y) VESSEL BREADTH – measured at the mid part from the gunwale inside of the skin of the hull to the
inside of the skin on the other side of the hull.
z) VESSEL DEPTH – measured at the centerline from a point below the line of the tonnage deck.
Measurement taken at right angle to the vessel centerline of the vessel down to the inboard of the
bottom skin of the hull.
aa) VESSEL LENGTH – the length measured at the centerline of the fishing vessel from the point forward
where the line of the tonnage deck intersects the line of the inboard faces at the stem to the point aft
where the line of the tonnage deck intersects the inboard face of the stem.
bb) VESSEL REGISTRATION – an act/process of enlisting a fishing vessel three (3) GT and below for the
purpose of establishing its identity and ownership by assigning it a permanent number (recorded in
the municipal registry of municipal fishing vessel).
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CHARPTER II
REGISTRATION OF MUNICIPAL FISHERS
SECTION 5. – REGISTRY OF FISHERS. The Municipality of Malay through the Office of the Municipal
Agriculture shall keep a registry of fishers and/or their organizations, gear types and specifications shall
be incorporated in the Registry of Fishers. This registry shall be for purposes of information generation,
for monitoring and regulation, and as basis for determining preferential rights as to the use of its
municipal waters. All fishery-related activities in the municipal waters shall be permitted only to
municipal fishers and their cooperatives/organizations who are listed as such in the registry.
SECTION 6. – REGISTRATION OF MUNICIPAL FISHERS. All qualified fishers shall be registered with the
Municipality through the Office of the Municipal Agriculture and shall be issued a Certificate of Fisher
Registration (CFR) (Annex “A”). Information on all fishing gear and/or paraphernalia and fishing
vessel(s) to be used by the applicant municipal fisher shall be provided accordingly by the fisher upon
registration. Municipal fishers shall be qualified to secure a fishing license, upon completely filling-up the
prescribed application form. Registered fishers shall carry with them their CFR and fishing license at all
times when engaged in fishing operations and present or surrender the same, whenever and wherever
requested by the PNP-Maritime group, PNP, M/BFARMC, Bantay Dagat personnel and other duly
authorized law enforcers.
SECTION 7. – QUALIFICATION/ELIGIBILITY. Only the municipal fishers who meet the following
eligibility requirements shall be allowed to register:
a. A citizen of the Philippines;
b. Must be directly or personally and physically engaged in the taking of fishery and/or aquatic
resources from the wild state or habitat with or without the use of fishing vessels of three (3) gross
tons or below;
c. A resident of the municipality for at least six (6) months; and,
d. At least eighteen (18) years of age.
SECTION 8. – REQUIREMENTS FOR REGISTRATION OF MUNICIPAL FISHERS. Municipal fishers shall

register with the Office of the Municipal Agriculture by submitting following documents:
a. Duly accomplished Municipal Fisherfolk Registration Form (annex “B”);
b. Community Tax Certificate secured from the Barangay Treasurer or Municipal Treasurer, and;
c. Official receipt evidencing payment of corresponding municipal fisher registration fee.
CHAPTER III
REGISTRATION FO MUNICIPAL FISHING VESSELS
SECTION 9. – REGISTRY OF MUNICIPAL FISHING VESSELS. The Municipality of Malay through the
Office of the Municipal Agriculture shall keep a registry of municipal fishing vessels. The registry shall be
for purposes of establishment of identity and ownership of vessels and maritime safety, monitoring, and
regulation.
SECTION 10. – APPLICATION. Application for registration shall be submitted and processed in the
Office of the Municipal Agriculture Office. Application for Municipal Fishing Vessel Registration shall be in
prescribed form-MFVR Form (annex “C”).
SECTION 11. – REQUIREMENTS. An applicant for fishing registration shall submit the following
requirements for evaluation of the Office of the Municipal Agriculture:
MOTORIZED VESSELS
a. Duly accomplished application form – MFVR Form;
b. Certified Standard Admeasurement Form (Annex “D”) filled up by the Admeasurement Officer;
c. Two (2) pictures of the boat (one shot side view, full-length and one (1) perspective shot with the
applicant on the side);
d. Barangay Clearance;
Page 74
e. PNP – Maritime Group Clearance or Local PNP Clearance (if the former is not available);
f. Letter of Endorsement from the BFARMC (Annex “E”) where the vessel’s homeport (barangay) is;
g. Certificate of Fisher Registration and;
h. Payment of appropriate fees (registration fee and inspection fee).
NON-MOTORIZED VESSELS
a. Duly accomplished Application Form – MFVR Form;
b. Certified Standard Admeasurement Form filled up by the Admeasurement Officer;
c. Two (2) pictures of the boat (one 1) shot side view, full-length and one (1) perspective shot with the
applicant on the side);
d. Letter of Endorsement from the BFARMC Chairman where the vessel’s homeport (barangay) is;
e. Certificate of Fisher Registration and;
f. Payment of Appropriate Fees (Registration and Inspection Fee).
SECTION 12. – ISSUANCE OF CERTIFICATE OF NUMBER (CN). The Municipality shall issue a Certificate
of Number (Annex “F”) once all the documentary requirements are fully complied with and upon
payment of appropriate fees. The certificate of number shall indicate the official serial number of the boat
and its official name. The certificate of number shall serve as the proof of ownership of the boat.
SECTION 13. – ASSIGNMENT OF OFFICIAL NUMBER. The Municipality shall assign an official number
to a registered fishing vessel which shall correspond to the code of the province (AKL), followed by the
zip code of the Municipality and the serial number (not less than four digits) assigned to the fishing vessel
(i.e. AKL-5608-0001). The number shall be painted permanently not less than three (3) inches in height,
on both sides of the forward portion of the fishing vessel.
SECTION 14. – ASSIGNMENT OF NAME. The owner/operator shall propose a name to be one (1)
fishing vessel regardless of type of fishing gear being used, design or size of the vessel. If the proposed
name has already been assigned to another registered vessel, the owner/operator may add letters of the
alphabet, any Arabic number or Roman numeral to the proposed name. The name of the fishing vessel
shall be painted not less than four (4) inches in size on both sides in the mid-portion of the fishing vessel.
SECTION 15. – ISSUANCE OF NEW CERTIFICATE OF NUMBER. The Municipality may issue a new CN to
a fishing vessel registered to another city or municipality if the fishing vessel transfers or changes its
homeport to this Municipality. A change of homeport may occur if the owner of the said fishing vessel
decides to transfer its residence to this Municipality or a resident of this Municipality acquired ownership
of a fishing vessel registered to other LGU.
SECTION 16. – RE-ISSUANCE OF CERTIFICATE OF NUMBER. In cases where the fishing vessel is
already registered to the municipality, re-issuance of CN shall only be made if:
a. The fishing vessel changes its ownership through a valid sale or any other legal means;
b. Changes in vessel dimensions after repair;
c. The fishing vessel changes its engine, or;
d. The fishing vessel changes its name.
SECTION 17. – REQUIREMENTS FOR RE-ISSUANCE OF CN:
MOTORIZED VESSEL
a. Change of Ownership:
1. Duly accomplished application form – MFVR Form;
2. Certificate of Fisher Registration of the new owner;
3. Barangay Clearance;
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4. Copy of the Original CN;
5. Letter of Endorsement from the BFARMC Chairman where the vessel’s new homeport
(barangay) is;
6. Certified Standard Admeasurement Form filled up by the Admeasurement Officer and;
7. Payment of Appropriate Fees (Registration and Inspection Fees)
b. Changes in Vessel Dimensions after Repair:
1. Duly accomplished Application Form – MFVR Form;
3. Copy of the official receipt of the engine;
4. Police Clearance that the engine purchased or used is not from a carnapped/stolen
vehicle/vessel;
5. Certified Standard Admeasurements Form filled up by the Admeasurement Officer and;
c. Change of Engine:
3. Copy of the Official Receipt of the Engine;
4. Police Clearance that the engine purchased or used is not from a carnapped/stolen
vehicle/vessel;
6. Payment of Appropriate Fees (Registration and Inspection Fees).
d. Change of Name:
1. Duly Accomplished Application Form – MFVR Form;
5. Payment of Appropriate Fees (Registration and Inspection Fees.
NON-MOTORIZED VESSEL
a. Change of Ownership:
1. Duly accomplished application form – MFVR Form;
2. Certificate of Fisher Registration of the new owner;
5. Letter of Endorsement from the BFARMC Chairman where the vessel’s new homeport (barangay)
is;

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b. Changes in Vessel Dimensions after Repair:
c. Change of Name:
1. Duly Accomplished Application Form – MFVR Form;
5. Payment of Appropriate Fees (Registration and Inspection Fees.
SECTION 18. – DELETION OR CANCELLATION OF REGISTRATION. In cases of loss or decay of the fishing
vessel, or its involvement in a marine/maritime incident which rendered the fishing vessel unserviceable,
the owner/operator shall immediately inform the Municipality and formally request for deletion or
cancellation of registration of the said fishing vessel.
The Municipality may also cancel or delete the registration of any fishing vessel, after due notice
for lawful causes to the owner/operator have been served and appropriate due process have been
complied with, without prejudice to filing of separate criminal complaint to proper court if found
appropriate. Registration of the fishing vessel may be cancelled or deleted due to any of the following
reasons:
1) Utilizing the fishing vessel as coastwise commercial passenger vessel;
2) Involvement in any illegal or criminal activities;
3) Failure to renew the vessel’s registration every three (3) years;
4) Giving false information in the application form, and;
5) Continued failure to display the vessel’s official number and name in violation of Sections 13 and 14
of this ordinance.
SECTION 19. - RENEWAL OF VESSEL’S REGISTRATION. Registration of all fishing vessels registered to
this Municipality is subject for renewal every three (3) years. Application for registration shall be
submitted and processed in the office of the Municipal Agriculture not later than the last working day of
January. Applicants for renewal of vessel’s registration shall present to the same Office the copy of the
Certificate of Number of the vessel for assessment prior to the payment of appropriate renewal fee.
Failure to renew the vessel’s registration on the prescribed deadline shall subject the owner of the said
vessel to pay the penalty of 25% of the renewal fee.
SECTION 20. – RECORD-KEEPING. The Office of the Municipal Agriculture shall maintain updated
records of all fishing vessels three (3) gross tons and below registered to the Municipality including those
deleted and/or cancelled. The same office shall be provided with a computer unit, printer and digital
camera which shall be utilized for the documentation and vessel registration program of the Municipality.
CHAPTER IV
LICENSING OF MUNICIPAL ACTIVITIES
SECTION 21. – LICENSING OF MUNICIPAL FISHING ACTIVITIES. All municipal fishers using fishing
vessels and stationary structures such as Palaan and Bintahan during their fishing operation shall be
required to have fishing license to be issued by the Municipality before they can engage in fishing
activities within municipal waters for purposes of information generation, granting priority rights,
regulation, and revenue generation.
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SECTION 22. – REQUIREMENTS FOR LICENSING OF MUNICIPAL FISHING ACTIVITIES. Applicants for
fishing license shall submit the following documents to the Office of the Municipal Agriculture:
INITIAL ISSUANCE OF FISHING LICENSE:
a. Duly Accomplished Application for Fishing License Form (Annex “G”);
b. Certificate of Fisher Registration (CFR);
c. Letter of Endorsement from the BFARMC Chairman where the vessel’s homeport (Barangay) is;
d. Barangay Clearance;
e. Certificate of Number (CN) of each fishing vessel owned, and;
f. Official Receipt evidencing payment of the corresponding License Fees.
RENEWAL OF FISHING LICENSE:
a. Duly Accomplished Application for Fishing License Form;
b. Certificate of Fisher Registration (CFR);
c. Letter of Endorsement from the BFARMC Chairman where the vessel’s homeport (Barangay) is;
d. Fishing License from the previous period;
e. Barangay Clearance;
f. Certificate of Number (CN) of each fishing vessel owned, and;
g. Official Receipt evidencing payment of the corresponding License fees.
CHAPTER V
FEES
SECTION 24. – FISHER REGISTRATION FEE. The Municipal Fisherfolk Registration Fee shall be
collected in the amount of ₱20.00.
SECTION 25. – FISHING VESSEL REGISTRATION FEE AND OTHER CHARGES. The following Registration
Fee shall be collected from the owner of each fishing vessel of three (3) gross tons and below being
operated within the municipal waters of this Municipality;
Type of Fishing Vessel Standard Fees

Non-motorized ₱ 20.00
Motorized (10 hp and below) 50.00
Motorized (10.1 hp – 16 hp) 100.00
Motorized (16.1 hp and above) 250.00
Inspection Fee 20.00
SECTION 26. – FISHING LICENSE FEE. The Fishing License shall be granted upon payment of the
corresponding license fees at a rate not exceeding those fixed hereunder.
For Using and Engaging in the Standard Fees

Following Fishing Gears/Operations
NETS
Taksay ₱ 200.00
Pantihan (Stationary) 100.00
Largarete 200.00
Paanod 150.00
Pangtambilawan 200.00
Basnig 1,000.00
Other nets 100.00
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TRAPS
Taba-taba
Palaan
Bubo 25.00/unit
Pangsimilya 50.00/unit
Crab Trap 50.00
Bintahan 25.00/unit
Other traps 100.00/unit
Payao 100.00/unit
CULTURE OPERATIONS
Tilapiahan ₱ 100.00/25 sq.m.
Bangus Culture 100.00/25 sq.m.
Pantatan 100.00/25 sq.m.
Seaweeds Farm 100.00/100 sq.m
Sea Urchin Culture 50.00/cage
Abalone Culture 50.00/cage
Other Culture Operations 100.00/25 sq.m.
Other Fishing Gears 100.00/gear

Fishworker 100.00
SECTION 27. – TIME AND MANNER OF PAYMENT. The Fisher Registration Fee and Fishing Vessel
Registration Fee shall be paid upon approval of application. The Fishing License Fee imposed shall be
paid within the first thirty (30) days of January.
SECTION 28. – EXEMPTION FROM FEES. All LGU initiated livelihood projects shall be exempted
from any fees. The corresponding licenses shall be given to the beneficiaries for free.
CHAPTER VI
PROHIBITED ACTS AND SANCTIONS
SECTION 29. – UNAUTHORIZED FISHING ACTIVITIES. No person, natural or juridical, shall engage in
any fishing activity in municipal waters without registration papers and/or valid fishing license from the
Municipal government. Any violation of the provisions of this section shall be punished by a fine of ONE
THOUSAND PESOS (₱1,000.00) per violator (fisherfolk/fishworker) or imprisonment of not less than six
(6) months of both such fine and imprisonment, at the discretion of the Court.
SECTION 30. – CANCELLATION OR REVOCATION OF FISHING LICENSE. Without prejudice to the filing of
civil or criminal charges in the proper court, the Municipal Mayor may revoke the license granted to any
person, natural or juridical, or any of the following:
a. Violation of any existing fishery laws, decree, letter of instructions or its implementing rules and
regulations;
b. Non-compliance with the terms and conditions of the license;
c. False or fraudulent statements in the application thereof by the applicant of his representatives;
d. Commission of the same fisheries violation for a third time; and,
e. When public interest so requires.
SECTION 31. – IMPOSITION OF FINES AND PENALTIES ON THE LICENSE HOLDER. For any violation of
provisions of the Fisheries Code and other related legislation committed by the fisherfolks/fishworkers
as their first offense, a warning shall be issued in addition to the imposition of corresponding fines and
penalties. This shall be recorded on their fishing license itself. For the second offense, an additional fine
in the amount of ONE THOUSAND FIVE HUNDRED PESOS (₱1,500.00) shall be imposed. A record of
offenses shall be kept on file at the Municipal Agriculture Office (MAO). Licenses will automatically be
revoked if the holder/holders commit same offense for a third time.
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CHAPTER VII
FINAL PROVISIONS
SECTION 32. – REPEALING CLAUSE. Previously approved ordinances or parts thereof, which is in
conflict with any provisions of this ordinance, are hereby repealed.
SECTION 33. – SEPARABILITY CLAUSE. If for any reasons, any part of this ordinance shall take effect
fifteen (15) days after approval of the Body and after due information and proper publication.
(APPROVED. SP RESOLUTION NO. 273, s. 2009, dtd. 10-15-09)
o) MUNICIPAL ORDINANCE NO. 275, S. 2009; AN ORDINANCE ADOPTING R. A. NO. 8550

OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998.”
SECTION 1. – RATIONALE. Taking into consideration the applicability of the provisions of R.A. No.
8550 in protecting and conserving of the aquatic products within the territorial jurisdiction of the Local
Government Units, by way of regulation, this Sangguniang Bayan deems it proper to adopt the Philippine
Fisheries Code of 1998 as part of its local ordinances.
SECTION 2. – R.A. NO. 8550. ADOPTION. R.A. No. 8550, the Philippine Fisheries Code of 1998, is
hereby adopted as part of the local ordinances of the Local Government of Malay.
SECTION 3. – PENALTY. Any person caught violating pertinent provisions of R.A. No. 8550 shall
be punished by a fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or an imprisonment of six
(6) months or both depending upon the discretion of the court.
p) MUNICIPAL ORDINANCE NO. 281, S. 2009; AN ORDINANCE DESIGNATING AN AREA OF TWENTY

(20) HECTARES AS GEO-MARINE AQUA PARK LOCATED AT FOUR HUNDRED (400)METERS OFF-
SHORE THE LONG BEACH FROM FRIDAYS RESORT AND ONE WHITE BEACH RESORT TO
STATION I, BARANGAY BALABAG, BORACAY ISLAND AND OUTLINING THE DEVELOPMENT AND
MANAGEMENT MECHANISM OF THE SAME AND FOR OTHER RELATED PURPOSES.
SECTION 1. – RATIONALE. The Local Government Code of 1991 has devolved the management of
municipal waters and its coastal and fishery resources to the municipal government. With this
devolution, the Philippine Fisheries Code of 1998 mandates all coastal municipalities to enact ordinances
that will address the sustainable management, utilization, development and conservation thereof.
Towards this end, this Sangguniang Bayan believes that the creation of a geo-marine aqua park offshore
Boracay Island shall regenerate and rehabilitate the coral system in the area. Considering however, the
financial and technological constraints besetting the Local Government of Malay, collaboration with a
private entity is the best option. Further, said collaboration shall bring about shared responsibilities in
maintaining a sound ecological balance and enhance further the quality of our marine environment,
hence this piece of legislation.
SECTION 2. – GEO-MARINE AQUA PARK. DESIGNATION. An area of twenty (20) hectares located at
four hundred (400) meters off-shore the long beach from Friday’s Resort and One white Beach Resort to
Station One (1), Barangay Balabag, Boracay Island is hereby designated as Geo-Marine Aqua Park. This
designated reserve area is defined as within the following coordinates: (Note: Demarcation in exact
latitude/longitude lines)
SECTION 3.- DEFINITION OF TERMS.
1) CORAL – marine animals, anthozoan and cnidarian coelenterates, consisting of polyps and the rigid
skeletal structure they produce. The living animal with its skeleton and the skeleton alone are both
referred to as coral. Included are members of the genus corallium, characterized by a rigid axis of
compact calcareous or horny specules and represented by red, pink and white corals which are
considered precious corals; the Antipatharians, characterized by a thorny, horny axis and
represented by the black coral which are considered semi-precious corals, and ordinary corals which
are neither precious nor semi-precious and usually characterized by calcareous skeleton.
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2) CORAL REEF – geological features built by natural calcification and other deposits from corals and
calcareous algae.
3) FISHERY AND MARINE RESOURCES – include not only finfish but also mollusks, crustaceans, echinoderma,
marine mammals, and all other products derived from aquatic resources in any form.
4) GEO-MARINE AQUA PARK – a sustainable and ecologically viable and economically feasible artificial
marine park system with a designated fish sanctuary. It covers an area of approximately 20 hectares,
where non-polluting patented eco-coral reef system is deployed.
5) MUNICIPAL LOCAL FISHERFOLKS – residents of Malay who are engaged in municipal fishing and are/or
fishing within the municipal waters.
6) MUNICIPAL GOVERNMENT – refers to the Municipal Government of Malay.
7) MUNICIPAL WATERS – include not only streams, lakes, inland bodies of water and tidal waters within
the Municipality which are not the subject of private ownership and not included within the national
parks, brackish water fishponds leased by the government, and national fishery reserves, refuge and
sanctuaries but also marine waters included between two line drawn perpendicular to the general
coastline from points where the boundary lines of the Municipality touch the sea at low tide and a
third line parallel with the general coastline including offshore islands and 15 kilometers from such
coastline, where two municipalities are so situated.
8) PERSONS/ENTITIES – natural or juridical entities such as individuals, associations, partnership,

cooperatives or corporations.
9) SANCTUARY – a designated area within the Geo-Marine Aqua Park where fishing and other human
activities are prohibited.
SECTION 4. – REGULATORY POLICY. SANCTUARY. Within the Geo-Marine Aqua Park, a sanctuary
shall be designated, and being as such, fishing of any nature, diving, snorkeling and other related human
activities, both on the bottom and the surface of the designated sanctuary, shall strictly be prohibited.
SECTION 5. – GEO-MARINE AQUA PARK. DEVELOPMENT. MANAGEMENT. The development and

management of the Geo-Marine Aqua Park shall be in partnership with a private entity through a
Memorandum of Agreement entered into by the Local Government of Malay, through the Chief Executive,
and duly ratified by the Sangguniang Bayan of Malay. Said private entity shall be evaluated and selected
by the Sangguniang Bayan based on the following criteria:
a) Financial, technological and scientific capacities to undertake the development and management of
the proposed park.
b) Strict adherence to the precautionary principles of conservation, management and exploitation of

living coastal and fishery resources.
c) Employment preference to the local fisherfolks in the development and management of the proposed
marine park and the willingness of the same to undertake pertinent technology transfer to interested
local fisherfolks; and
d) Presence of a viable livelihood sustainability program for the local fisherfolks, other than
employment.
SECTION 6. – GEO-MARINE AQUA PARK. EXCLUSIVITY. DEVELOPMENT. MANAGEMENT. The grantee

private entity will be given a period of twenty five (25) years from signing of a Development and
Management Memorandum of Agreement to exclusively establish, develop, and manage the Geo-Marine
Park subject to regular monitoring activity of the Local Government of Malay, through it designated
Technical Team.
SECTION 7. – PENALTIES. Any person, natural or juridical, who violated Section 4, Regulatory
Policy, of this Ordinance shall suffer a fine of TWO THOUSAND FIVE HUNDRED (₱2,500.00) or an
imprisonment of no more than thirty (30) days, or both, at the discretion of the proper court.
SECTION 8. – AMENDMENT. Any ordinance, rules and regulations, or parts thereof, provisions of
publication.
Page 81
q) MUNICIPAL ORDINANCE NO. 314, S. 2012; AN ORDINANCE REGULATING THE OPERATION OF

REEFWALKER OR HELMET DIVING ACTIVITY WITHIN THE MUNICIPALITY OF
MALAY,DESIGNATING AN AREA OF OPERATION AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF.
(SPONSORS: HON. DANTE C. PAGSUGUIRON and HON. ROWEN T. AGUIRRE)
WHEREAS, Article II, Section 16 of the1987 Constitution provides that the State shall protect and
advance the right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature;
WHEREAS, the Local Government Code likewise provides that the Sangguniang Bayan shall
adopt measures to protect the environment and impose appropriate penalties for acts which endanger
the environment;
WHEREAS, the Local Government Code also mandates to regulate the establishment, operation
and maintenance of entertainment or amusement facilities or activities in order to protect the social and
moral welfare of the community;
WHEREAS, one of the major reasons for the degradation and destruction of underwater marine
resources is due to the uncontrolled and rampant anchoring and unregulated operation of different water
sports activities around the Island of Boracay, especially the operation of reefwalker/helmet diving
where there is no regulation or guidelines governing it;
WHEREAS, the proliferation of this kind of activity often leads to accidents for failure to observe
proper safety guidelines;
THEREFORE, in order to immediately address these precarious underwater activities, this piece
of legislation is hereby enacted;
SECTION 1. DECLARATION OF POLICY/GUIDELINES, REQUIREMENTS FOR BREATHING AIR COMPRESSOR

FOR REEFWALKER/HELMET DIVING. It shall be mandatory for every reefwalker/helmet diving company to
strictly follow these guidelines.
a) The air compressor or Surface Supply Breathing Apparatus (SSBA) systems/units to be utilized must
be for recreational and/or professional uses only. In no case shall air compressors for industrial
applications be used.
b) The SSBAs must have a filter with moisture separator and the filter element must be replaced every
month or every time the need arises;
c) Fittings and clamps on the helmets must be made of stainless steel or brass (Finest marine quality);
d) The SSBAs must use synthetic oil or vegetable oil;
e) The SSBAs intake must have a filter and two-meter hose for intake;
f) The SSBAs air bank must have a drain valve and must be drained for thirty (30) minutes after every
use;
g) A standby emergency scuba tank must be in place in cases of emergency and the hydro-tested
pressure gauge must be in excellent working condition at all times;
h) Every helmet diving shop must use transparent hoses for diving and all diving hoses must conform to
professional standards. (AS1716 or AS2299).
i) All diving helmets, hoses and fittings must satisfy professional diving requirements.
SECTION 2. DECLARATION OF POLICY/GUIDELINES, REQUIREMENTS FOR DIVING PLATFORM. It shall be

mandatory for every reefwalker/helmet diving company to strictly follow these guidelines.
a) Only those reefwalker/helmet diving company with license to operate can moor in the designated
diving area. Only one (1) diving platform is allowed for every reefwalker/helmet diving company;
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b) The specific recommended measurement of reefwalker/helmet diving platform shall be twelve (12)
meters in length and five (5) meters in width and must be made of fiber glass or aluminum
materials. The use of indigenous materials is strictly prohibited;
c) The platform must be removed at the diving site after its daily operation and moored at the
designated mooring area;
d) Every helmet diving company shall provide or put up its own concrete or steel sinkers for anchorage
purposes in the diving area;
e) Every helmet diving platform must be equipped with a fire extinguisher, first aid kit, ring buoy, life
jacket, 2-way radio, extra oxygen set and trash can;
f) Every helmet diving platform must publish a set of safe diving procedures, emergency, evacuation,
and rescue procedures, The safe diving procedures must be kept at the dive site, readily available to
all;
g) Serving of foods and drinks to the guests in the diving platform is strictly prohibited. Every helmet
diving company platform is enjoined to maintain cleanliness at all times;
h) The time allowed for the operation of reefwalker/helmet diving is from sunrise to sunset only. Diving
outside the allowed time is strictly prohibited;
SECTION 3. OTHER REGULATED ACTS.
a) Any kind of fishing or any other activity aside from helmet diving shall not be allowed within the
perimeters of the helmet diving activity.
b) There must be one (1) underwater instructor-guide for every two (2) helmet divers to ensure their
safety while performing the underwater dive. The underwater instructor-guide must be a certified
rescue diver with scuba diving equipments.
c) Whenever possible, the diver or the instructor-guide must be able to operate a needle-valve that
controls the amount of air flowing into the helmet.
d) Every helmet diver must be required to wear a wet suit before diving.
e) In no case shall children eight (8) years old and below be allowed to join or participate in any reef
walker/helmet diving activity.
SECTION 4. PENALTIES. Any person, natural or juridical, found violating Sections 2, 3, 4 and 5 of
this Ordinance shall suffer a fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or an
imprisonment of not less than three (3) months nor more than six (6) months or both, at the discretion of
the Court. The accessory penalty of confiscation of the subject devices/apparatuses and cancellation of
permits shall be imposed accordingly.
In cases where death occurred in violation of this Ordinance, a fine of TWO THOUSAND FIVE
HUNDRED PESOS (Php2,500.00) and imprisonment of six (6) months shall be imposed on the president,
manager, administrator, owner, proprietor or instructor of the helmet diving company. The helmet diving
company shall likewise be suspended for thirty (30) days. Actions brought on the basis of this Ordinance
shall be without prejudice to other actions available as may be provided by law.
SECTION 5. ADMINISTRATIVE PROVISION. The Local Government Unit shall identify and establish one
designated area for helmet diving at the front beach of Boracay Island and one area at the back of the
Island with a maximum area of Two Thousand (2,000) square meter radius with a maximum depth of
Twenty (20) feet.
The LGU shall organize a monitoring team purposely to oversee the operation of helmet diving
activities and ensure the compliance of these policies and guidelines.
The LGU may seek the cooperation of appropriate National Government Agencies and Non-
Government Agencies to fully implement the mandate of this Ordinance.
Copies of this Ordinance shall be posted in every diving platform in order that divers/customers
may be informed for their safety and the company’s compliance herewith.
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SECTION 6. SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this Ordinance
shall be declared unconstitutional or invalid, other parts or provisions thereof not affected shall continue
to be in full force and effect.
National Laws pertinent to water sports or activities shall be suppletory in character whenever
applicable.
SECTION 7. REPEALING CLAUSE. Any ordinance, orders, rules and regulations or any part thereof which
are inconsistent with this ordinance are hereby repealed and modified accordingly.
q.1 MUNICIPAL ORDINANCE NO. 330, S. 2014; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 314, SERIES OF 2012 (AN ORDINANCE REGULATING THE OPERATION OF
REEFWALKER OR HELMET DIVING ACTIVITY WITHIN THE MUNICIPALITY OF MALAY, DESIGNATING AN
AREA OF OPERATION AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.)
SECTION 1. RATIONALE. Tourism plays a primordial role to a sustainable economic subsistence. It

is essentially our commitment to conserve and preserve the environment, protect the welfare of our
people and uphold the mandate of the law. This legislative act is formulated to further regulate helmet
diving activity in the Island of Boracay to safeguard those who enjoy the world’s premier tourist
destination.
SECTION 2. AMENDMENT. Section 2 of Municipal Ordinance No. 314, Series of 2001 is hereby
“Section 2. Declaration of Policy/Guidelines, Requirements for Diving Platform. It shall be mandatory

for every reefwalker/helmet diving operator to strictly follow these guidelines.”
a. There shall be only one common platform to be used exclusively by the reefwalker/helmet diving
operators with license to operate. The common platform shall be positioned in the diving area
identified by the Local Government Unit.
b. Only members of LGU-accredited reefwalker/helmet diving association can moor or anchor in the
common platform. Any reefwalker/helmet diving operator applying for a permit/license to operate
or the renewal thereof must secure an endorsement from the LGU-accredited association.
c. The helmet diving platform must be equipped with a fire extinguisher, first aid kit, ring buoy, life
jacket, 2-way radio, extra oxygen set and trash can.
d. The helmet diving platform must publish or post a set of safe diving procedures, emergency,
evacuation, and rescue procedures. The safe diving procedures must be kept at the dive site, readily
available to all.
e. Serving of foods and drinks to the guests in the diving platform is strictly prohibited. Every helmet
diving operator is enjoined to maintain cleanliness at all times.
f. The time allowed for the operation of reefwalker/helmet diving is from sunrise to sunset only.
Diving outside the allowed time is strictly prohibited.”
SECTION 3. DATE OF EFFECTIVITY. This Ordinance shall take effect upon approval and proper
publication.
(APPROVED. SP RESOLUTION NO. 099, 2. 2014, dtd. 5-21-14)

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GARBAGE AND SANITATION
a) MUNICIPAL ORDINANCE NO. 56, S. 1992; “AN ORDINANCE AMENDING MUNICIPAL ORDINANCE
NO. 43, SERIES OF 1990 INTENSIFYING GARBAGE DISPOSAL SYSTEM, IMPOSING PENALTIES FOR
VIOLATION THEREOF AND OTHER RELATED ACTIVITIES.”
Be it ordained by the Sangguniang Bayan of Malay, Aklan in session assembled that:
SECTION 1. – No person or group of persons, whether visitors, residents, owners of business

establishment, occupant of public and private offices or buildings and caretakers of domestic animals, etc.
is allowed to dump or scatter their garbage on the beach, in the sea, on public parks and plazas, on roads
and streets especially in the residential and commercial section in the tourist village of Boracay and
Caticlan and elsewhere in this Municipality, except in areas designated as garbage dumping site.
SECTION 2. – Owners/occupants of residential, commercial, public and private establishments

and all concerned are required to deposit their garbage in a plastic bag or any similar sealed container to
ensure safety of its contents. A common dumping site for every barangay will be determined by the
respective barangay council, while proper dumping system will be supervised by the Municipal Health
Officer whose function is to protect and preserve environmental sanitation. In the case of the tourist
village of Boracay, garbage disposal system will be manage by the duly authorized group assigned by the
Sangguniang Bayan of Malay.
SECTION 3. – The Municipal Mayor of Malay shall have overall supervision and control in the
implementation of the Garbage Management Plan of the duly assigned group or any agency who takes
charge of the task of garbage collection, disposal and other related activities in the island of Boracay.
SECTION 4. – For purposes of classification, garbage is hereby classified as:
a) ORDINARY – day-to-day refuse which are not hazardous, toxic, bulky and can easily be loaded by
Garbage Collectors.
b) HAZARDOUS – refuse which are flammable, toxic, detrimental to health and dangerous to community,
like broken glasses and empty bottles.
c) SPECIAL – because of their weight and bulk, they cannot easily be carried by a person, such as trunks
of trees, excess of construction materials, junks and the like.
Classification for possible recycling, decomposition or incineration of these garbage is assigned

to the Garbage Collectors appointed and paid by duly authorized group assigned by the Sangguniang
Bayan of Malay.
SECTION 5. – PENALTY. Any person or group of persons caught violating Section 1 of this
ordinance shall be punished by a fine of not less than TWO HUNDRED PESOS (₱200.00) and not more
than ONE THOUSAND PESOS (₱1,000.00) or suffer an imprisonment of not more than one (1) month or
both fine imprisonment according to the discretion of the court.
SECTION 6. – EFFECTIVITY. This ordinance shall take effect upon approval of this Body and after
passing a public hearing.
b) MUNICIPAL ORDINANCE NO. 72, S. 1994; “AN ORDINANCE PROHIBITING THE THROWING OF
HUMAN WASTE OR DUMPING OF GARBAGE AND OTHER WASTE MATTERS IN RIVER, LAKES,
STREAMS AND IRRIGATION CANALS WITHIN THIS MUNICIPALITY.”
WHEREAS, river, lakes, streams and irrigation canals are vital source of water for our household,
for washing, for drinking of domestic animals and for the irrigation of our rice fields and other plants;
WHEREAS, in some barangays of this municipality careless residents throw away their garbage
including human and animal waste into these canals thereby polluting the water therein and also
obstructing the flow of water into these canals;
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In order to stop this lawless practice of some careless residents living near these areas, the
Sangguniang Bayan of Malay, Aklan.-
ENACTED the following Ordinances;
SECTION 1. – COVERAGE. It is unlawful for any person to throw away human waste, dump all sorts of
garbage or cause the obstruction of the free flow of water in rivers, lakes, streams and irrigation canals
within this Municipality;
SECTION 2. – PENALTY. Any person caught violating Section 1 of this ordinance shall be fined
TWO THOUSAND PESOS (₱2,000.00) or be imprisoned for not more than thirty (30) days or both fine and
imprisonment according to the discretion of the court.
SECTION 3. – This ordinance compliments other similar ordinances on environmental pollution.
SECTION 4. – EFFECTIVITY. This ordinance shall take effect thirty (30) days after its approval and
proper dissemination.
c) MUNICIPAL ORDINANCE NO. 84, S. 1995; “AN ORDINANCE REQUIRING OWNERS OF BUSINESS
ESTABLISHMENTS, RESIDENTIAL HOUSES OR LEASEES THEREOF TO UNDERTAKE THE
CLEANLINESS OF THEIR AREA AND ITS PREMISES AND PROVIDING PENALTY FOR VIOLATION
THEREOF.”
(AUTHOR: HON. ADRIAN D. SALAVER)
WHEREAS, the maintenance of a clean surrounding and proper disposal of garbage within this
Municipality particularly in the tourist village of Boracay and the commercial district of Caticlan is a
major concern of this government and its citizenry;
WHEREAS, there is a need for both the government and its citizens to help each other in order to
achieve a clean and healthful environment;
NOW THEREFORE
Be it ordained by the Sangguniang Bayan of Malay, Aklan, in session assembled, that;
SECTION 1. – IMPLEMENTING RULES. It shall be unlawful for any person to throw away or dump
garbage anywhere other than the designated dumping area and in a garbage receptacle.
SECTION 2. – It shall be the duty of landowner, establishment owner/operator or lessee actually

occupying a certain place to maintain the cleanliness of their area by putting-up thrash receptacles and
properly disposing it.
SECTION 3. – Owners of vacant lots shall be responsible for the cleaning of their lands or shall
shoulder the expenses if other group or the government shall initiate its cleaning.
SECTION 4. – PENALTY. Violators of this ordinance shall be fined FIVE HUNDRED PESOS
(₱500.00) or be imprisoned for not more than ten (10) days if proven in court. If the violator is a juridical
person, the penalty shall be imposed on the President, the General manager or whoever is in charge.
SECTION 5. – EFFECTIVITY. This ordinance shall take effect after its approval and proper
publication and dissemination in the areas affected.
ENACTED AND APPROVED. DECEMBER 14, 1995.

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d) MUNICIPAL ORDINANCE NO. 86, S. 1995; “AN ORDINANCE REQUIRING OWNERS AND
OPERATORS OF COMMERCIAL ESTABLISHMENTS TO MAINTAIN A CLEAN AND PROPERLY
FUNCTIONING REST/COMFORT ROOMS.”
(AUTHOR: HON. ADRIAN D. SALAVER)
SECTION 1. – IMPLEMENTING GUIDELINES. It shall be mandatory for owners and/or operators of

commercial establishments such as resorts, restaurants, talipapa (market), disco and beer houses,
cockpits, and other recreation centers and other similar establishments to maintain a clean and properly
functioning comfort rooms.
SECTION 2. – The Local Government of Malay thru its authorized representatives shall conduct a
regular inspection of these establishments and see to it that this ordinance is implemented.
SECTION 3. – PENALTY. A penalty of not more than ONE THOUSAND PERSOS (₱1,000.00) or
imprisonment of not more than one (1) month or both at the discretion of the court. If the violation is
committed by a juridical person the penalty shall be imposed upon the President, General Manager, or
operator of owner.
SECTION 4. – EFFECTIVITY. This ordinance shall take effect after proper publication.
e) MUNICIPAL ORDINANCE NO. 98-116; “AN ORDINANCE PROHIBITING PISSING AND DEFECATING
IN PUBLIC PLACES.”
(SPONSOR: HON. CECIRON S. CAWALING)
Be it enacted by the Sangguniang Bayan of Malay in session that:
SECTION 1. – PROHIBITED ACTS. It is strictly prohibited to all person to piss, pee or urinate and
defecate in any public place in this Municipality, except in appropriate places as rest room, toilet or
lavatory.
SECTION 2. - DEFINITION as used in this Article, the term:
“PISS OR PEE” – refers to the act of discharging urine from the bladder.
“DEFECATING” – refers to the act of discharging human waste from the rectum.
“PUBLIC PLACE” – includes beaches, sea roads, alleys, lane, pathways, parks, plazas, sidewalks and part or
portion of buildings, walls, fences, and such other vacant private lot which are open to the public.
SECTION 3. – PENALTY. Any person who violates any provision of this article shall be punished by
a fine of not less than ONE HUNDRED PESOS (₱100.00) for first offense. TWO HUNDRED PESOS
(₱200.00) for second offense and THREE HUNDRED PESOS (₱300.00) for third offense or imprisonment
of not more than three (3) days.
SECTION 4. – EFFECTIVITY. This Municipal Ordinance shall take effect thirty (30) days upon
approval and proper publication.
f) MUNICIPAL ORDINANCE NO. 185, S. 2003; “AN ORDINANCE REGULATING GARBAGE DISPOSAL
AND COLLECTION IN THE MUNICIPALITY OF MALAY.”
SECTION 1. – REGULATORY ACT. It shall be prohibited of any individual, household, business

establishment or any entity to dispose their respective garbage and other residue not in accordance with
the regulatory policies mandated by this ordinance and/or guidelines set by the duly constituted
municipal offices.
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SECTION 2. – GARBAGE HANDLING/SEGREGATION. It is mandatory that individuals, households, business

establishments and/or other entities shall segregate their respective non-biodegradable/non-
compostable from biodegradable/compostable garbage and other residue. For safety and sanitary
purposes, this segregated garbage and/or residue must have an appropriate separate receptacle or
container.
SECTION 3. – GARBAGE HANDLING/COMPOSTING. It shall be mandatory of all individuals,

households, business establishments and other entities with a backyard open space of no less than 50
square meters to maintain a modest composting bin or pit for their respective biodegradable garbage and
residue. It shall however be the primary duty of the said entities to maintain safety and sanitary
practices in operating such composting bin or pit.
SECTION 4. – GARBAGE DISPOSAL/COLLECTION. Individuals, households, business establishments

and/or other entities shall bring out their respective segregated garbage or residue for pick up in
accordance with this ordinance and/or schedule and scheme formulated and implemented by the
concerned municipal office or agency. It shall be the duty of the aforementioned entities to maintain
safety and sanitary practices in handling garbage and other residue while waiting for pick up.
SECTION 5. – SCHEDULE. CLASSIFICATION. BRINGING OUT AND COLLECTION OF SEGREGATED GARBAGE

AND/OR RESIDUE. Bringing out and collection of segregated garbage and/or residue shall follow the
following schedule:
A) SCHEDULE FOR BRINGING OUT OF SEGREGATED GARBAGE AND/OR RESIDUE:
Along the beach/path road - between 4:00 am to 5:00 am

Designated collection points - between 4:00 am to 6:00 am
Other areas - between 5:00 am to 10:00 am
It shall be mandatory however for individuals, households, business establishments and/or

other entities not to bring out their respective garbage and/or residue once the garbage truck has
already passed by for garbage collection purposes.
B) COLLECTION SCHEDULE:
Along the beach/path road - between 5:00 am to 6:00 am

Designated collection points - between 5:00 am to 8:00 am
Other areas - between 5:00 am to 10:00 am
An extra garbage truck trip shall be made in all areas at 3:00 pm but only to collect construction
debris, dry garden wastes, drift wood and similar garbage.
Biodegradable garbage and residue shall be collected daily while non-biodegradable

garbage shall be collected every Thursday only.
SECTION 6. – PENALTY. Violation of any provision of this ordinance shall suffer the following
penalties:
A) FOR SECTIONS 1, 2, 4 AND 5;
1) Non-collection of garbage or residue

2) Fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) per infraction.
Garbage not collected as part of a penalty for violation shall be brought to the dumping site by
the violating entity at his/her own expense.
B) FOR SECTION 3;
Penalty of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and cancellation of Mayor’s
business Permit for continued defiance. For purposes of this ordinance, continued defiance shall
mean refusal to take positive action after three (3) notices of violation.
SECTION 7. – REPEAL/AMENDMENT. Any ordinance, rules and regulations, or parts thereof, whose
provisions are in conflict with, or contrary to the provisions of this ordinance are hereby repealed,
Page 88
(APPROVED. SP RESOLUTION NO. 03-193, dtd. 6-6-03))
g) MUNICIPAL ORDINANCE NO. 188, S. 2003; “AN ORDINANCE REQUIRING RESIDENTIAL AND
COMMERCIAL BUILDINGS IN BORACAY TO CONNECT WITH THE EXISTING SEWERAGE SYSTEM.”
(EXPLANATORY NOTE:) The increase in the number of business establishments and households in
Boracay imposes a great burden to our environment. Glaring among these burdens is the contamination
of the prestine waters of Boracay, both sea and fresh water, due to the seepage of septic tanks most of
which are substandard. With the available sewerage system put into place by the Philippine Tourism
Authority, this Body finds it compelling to formulate this ordinance mandating the compulsory
connection of business establishments and households to the aforesaid system.
SECTION 1. – MANDATORY CONNECTION FOR WATER WASTE DISPOSAL TO THE SEWERAGE SYSTEM. The
following are required to make a water waste disposal connection with the existing sewerage system of
Philippine Tourism Authority within sixty (60) days from effectivity of this ordinance:
a) All commercial buildings, property line and/or facilities within sixty-one (61) meters of any existing
pipelines like resorts, hotels, bars and restaurants, lodging houses, dive shops and aqua sports
operating within Boracay Island.
b) All residential and institutional buildings and/or structures within sixty-one (61) meters of the
existing sewer pipelines, in accordance with Plumbing Code of the Philippines.
SECTION 2. – DENIAL OF CONNECTION. The following shall be denied sewerage connection:
a) All commercial, residential and institutional buildings outside the sixty-one (61) meters. It is
mandatory however that the aforementioned structures shall maintain their own sewerage
system in accordance with the structural and sanitation standards set by pertinent ordinance and
policies and regulations formulated by the Municipal Engineer’s Office and the Municipal Health
Office.
b) Laundry shops and other related establishments within sixty-one (61) meters using corrosive
chemical substance unless provisions of Section 811 of the National Plumbing Code of the
Philippines are complied.
c) Restaurants, cafes, lunch counter, cafeterias, bars and clubs or other establishments where grease
may be introduced into the sewer system within sixty-one (61) meters and with existing grease
traps.
SECTION 3. – NON-ISSUANCE/CANCELLATION OF BUSINESS PERMIT. Failure of the owner or operator

of any building and/or facilities
to comply with this ordinance within the prescribed period shall be a ground for non-issuance or
revocation thereof, as the case maybe,
without prejudice to other penalties and sanctions as maybe imposed by other laws, ordinances, rules
and regulations.
SECTION 4. – FORMULATION OF IMPLEMENTING RULES AND REGULATIONS. The Municipal Engineer’s Office
is hereby mandated to formulate the implementing rules and regulations of this ordinance within 15 days
from effectivity.
SECTION 5. – PENALTY. Failure to comply with any provision of this ordinance shall be fined
TWO THOUSAND PESOS (₱2,000.00), cancellation or denial of business permit, as the case maybe, and/or
imprisonment of not less than one (1) day but in no case more than six (6) months depending upon the

Page 89
g.1 MUNICIPAL ORDINANCE NO. 297, S. 2011; “AN ORDINANCE AMENDING MUNICIPAL
ORDINANCE NO. 188, SERIES OF 2003 (AN ORDINANCE REQUIRING RESIDENTIAL AND COMMERCIAL
BUILDINGS IN BORACAY TO CONNECT WITH THE EXISTING SEWERAGE SYSTEM) AND THE NECESSITY
OF A WASTEWATER MANAGEMENT COMPLIANCE CERTIFICATE AS A PRE-REQUISITE FOR
THE ISSUANCE OF A BUSINESS PERMIT.
(SPONSORS: HON. ROWEN T. AGUIRRE & HON. DANTE C. PAGSUGUIRON)
WHEREAS, there is a continuous rise in the number of commercial and business establishments,
as well as residential and institutional buildings and structures in the Island of Boracay;
WHEREAS, in light of the continued growth of said establishments and structures, there is a need
to safeguard the environmental well-being of the Island of Boracay, especially its waterfronts, beaches
and bodies of water, against the liquid and fluid effluents and discharges coming from the such
establishments;
WHEREAS, there is a need to ensure that all such commercial and business establishments, and
residential and institutional buildings and structures maintain their connection to any of the Island’s
sewer systems or retain a suitable septic tank sufficient to service their respective sewerage
requirements;
NOW, THEREFORE:
SECTION 1. SECTION 1 OF MUNICIPAL ORDINANCE NO. 188 IS HEREBY AMENDED TO READ AS FOLLOWS:
“SECTION 1. – Mandatory Connection of Water Waste Discharge to Any Sewerage System. The
following shall connect to the existing sewerage system maintained by the sewerage service provider in the
Island of Boracay within Thirty (30) days from effectivity of this Ordinance:
a. All commercial buildings, property line and/or facilities within Sixty-One (61) meters of any existing
pipeline, including but not limited to resorts, hotels, bars and restaurants, lodging houses, dive
shops and aqua sports operating within Boracay Island; and
b. All residential and institutional buildings and/or structures within Sixty One (61) meters of any
existing sewer pipeline, in accordance with the Plumbing Code of the Philippines.
c. However, the following establishments should have a pre-treatment facility for high surfactants,
organics and other harmful parameters before discharge to the sewerage system.
1. Laundry shops and other related establishments using corrosive chemical substances unless
provisions of Section 811 of the National Plumbing Code of the Philippines are complied with.
2. Establishment with industrial wastes consisting of harmful chemical (i.e. hazardous, toxic and
corrosive) discharges.
3. Funeral parlors, wet markets, and slaughter houses where internal organs and blood may be
discharged.
The pertinent sewerage provider shall ensure that the foregoing establishments properly
maintain their connection to the system, and for this purpose, it shall conduct annual inspections of the
said connections to confirm that:
a) The sewage disposal system of each establishment is properly connected to the Island’s sewer
system;
b) The sewage disposal system of each establishment has properly installed and uses grease traps; and
c) The non-sewage (i.e. rainwater, swimming pool) disposal system of each establishment is properly
connected to the Island’s drainage system.”
SECTION 2. SECTION 2 OF MUNICIPAL ORDINANCE NO. 188 IS HEREBY REPEALED. In its stead, a new
Section 2 is hereby inserted, which shall read as follows:
“SECTION 2. – Mandatory Maintenance of a Septic Tank. The following establishments and buildings
shall construct, maintain and retain a suitable septic tank sufficient to service their respective sewerage
generation and discharge in accordance with the structural and sanitation standards set by pertinent
ordinances, policies and regulations formulated by the Municipal Engineers Office and the Municipal Health
Office:
Page 90
a) All commercial buildings, property line and/or facilities located more than Sixty-One (61) meters
away from any existing pipeline, including but not limited to resorts, hotels, bars and restaurants,
lodging houses, dive shops and aqua sports operating within Boracay Island; and
b) All residential and institutional buildings and/or structures located more than Sixty-One (61)
meters away from any existing sewer pipeline, in accordance with the Plumbing Code of the
Philippines.
c) In addition to the maintenance and retention of a suitable septic tank, the following establishment
should likewise have a pre-treatment facility for high surfactants, organics and other harmful
parameters;
2. Establishments with industrial wastes consisting of harmful chemical (i.e. hazardous, toxic
and corrosive) discharges.
3. Funeral parlors, wet markets and slaughter houses where internal organs and blood may be
discharged.
d) All commercial, residential and institutional buildings falling under this provision shall ensure that
their respective septic tanks and sewage systems are in proper condition and regularly maintained.
For this purpose, they shall avail themselves of the services of any sewer service provider at least
once every calendar year to conduct an examination of their sewer systems to ensure that:
1. The building’s sewerage system is properly connected to its septic tank;
2. The septic tank is constructed in accordance with the regulations and specifications provided
by law and is regularly maintained;
3. Their non-sewage discharge is properly connected to its drainage system; and
4. They avail themselves of desludging services every Ninety (90) days.
SECTION 3. SECTION 3 IS HEREBY AMENDED TO READ AS FOLLOWS:
“SECTION 3. – Non-issuance/Cancellation of Business Permit. Failure of the owner or operator of any

commercial or institutional establishment, building or structure to comply with Section 1 of this Ordinance
shall be a ground for the denial of an application for a business permit or the revocation of one already
issued. In addition, the owner/proprietor/ responsible officers of the erring establishment shall be imposed a
fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or an imprisonment of not less than One
(1) day but in no case more than Six (6) months, at the discretion of the Court, without prejudice to other
penalties and sanctions as maybe imposed by other laws, ordinances, rules and regulations.
Failure of the owner/occupant of a residential building/structure to comply with Section1-A of

this Ordinance shall be punishable by a Fine of TWO THOUSAND PESOS (Php2,500.00) or imprisonment
of not less than One (1) day but in no case more than Six (6) months, at the discretion of the Court,
without prejudice to other penalties and sanctions as maybe imposed by other laws, ordinances, rules
and regulations.
To this end, the owners or operators of the commercial and/or institutional buildings covered by
this Ordinance are required to present a Wastewater Management Compliance Certification
(“WMCC”) for the processing of their business permits. The WMCC shall be issued, for free, by the
sewerage service provider in the Island which is authorized to conduct annual examinations of the
premises of the affected establishments to determine if they have complied with all of the foregoing.
Compliance with the foregoing requirements includes full and up to date payment of the appropriate
sewer charges/tariffs to the sewerage service provider.”
SECTION 4. REPEALING CLAUSE. Any ordinance, orders, rules and regulations or any part thereof
which are inconsistent with this Ordinance are hereby repealed and modified accordingly.
SECTION 5. This Ordinance shall take effect immediately, after approval and its due publication.
Page 91
g.1.1 MUNICIPAL ORDINANCE NO. 307, S. 2012; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 297, SERIES OF 2011 (AN ORDINANCE AMENDING MUNICIPAL ORDINANCE
NO. 188, SERIES OF 2003), SETTING GUIDELINES IN CONNECTING TO SEWERAGE
PIPELINE, CONSTRUCTION AND MAINTENANCE OF SEWERAGE TREATMENT PLANT
AND STANDARD SEPTIC TANKS AND THE COMPREHENSIVE WASTEWATER
MANAGEMENT IN BORACAY ISLAND.
(SPONSORS: COMMITTEE ON PUBLIC WORKS AND UTILITIES & COMMITTEE ON LAWS AND ORDINANCES
- INTRODUCED BY HON. JONATHAN C. CABRERA)
WHEREAS, Municipal Ordinance No. 297, Series of 2011 amended Municipal Ordinance No. 188,
Series of 2003, requiring residential and commercial buildings in Boracay Island to connect with the
existing sewerage system, and introduced the necessity of a Wastewater Management Compliance
Certificate as a pre-requisite for the issuance of a business permit;
WHEREAS, under Republic Act No. 9275, otherwise known as the Philippine Clean Water Act of
2004, the State is tasked to pursue a policy of economic growth in a manner consistent with the
protection, preservation, and revival of the quality of fresh, brackish, and marine waters;
WHEREAS, under Sections 14 and 19 of the Philippine Water Act of 2004, the Department of
Environment and Natural Resources (DENR) is the primary government regulatory agency tasked and
responsible for the implementation and enforcement of said law and for the issuance of discharge
permits to owners or operators of facilities that discharge wastewater and regulated effluents;
WHEREAS, the issuance of discharge permits by the DENR pursuant to the Philippine Water Act
of 2004 is sufficient proof of compliance by affected entities with said law, thereby rendering the
requirement of a Wastewater Management Compliance Certificate unnecessary and/or non-essential in
the issuance/renewal of business permits;
WHEREAS, under Section 20 of the Philippine Water Act of 2004, local government units are
tasked to share the responsibility in the management and improvement of water quality within their
territorial jurisdictions;
WHEREAS, there is a continuous rise in the number of commercial and business establishments,
as well as residential and institutional buildings and structures in Boracay Island, which increases the
possibility of sewer line clogging and back flow;
WHEREAS, in light of the continued growth of said establishments and structures, there is a need
to implement zero-waste management and to establish best practices that will safeguard the
environmental well-being of Boracay Island, especially its waterfronts, coastline, beaches and bodies of
water, against the liquid and fluid effluents and discharges coming from said establishments;
WHEREAS, there is a need to ensure that all such commercial and business establishments and
residential and institutional buildings and structures in Boracay Island maintain their connection to any
of the island’s sewer systems or construct and maintain their own sewerage treatment plant to service
their respective sewerage requirements;
NOW, THEREFORE:
SECTION 1. - SECTION 1 OF MUNICIPAL ORDINANCE NO. 297, SERIES OF 2011 IS HEREBY AMENDED TO
READ AS FOLLOWS:
“SECTION 1. Mandatory Connection of Water Waste Discharge to Any Available Sewerage System or
Construction of Sewerage Treatment Plant in Boracay Island. The owners/operators of the following
shall be required to either connect to an available sewer system in Boracay Island within Thirty (30) days,
OR construct and maintain their own Sewerage Treatment Plant in Boracay Island within One (1) year, from
the effectivity of this Ordinance:
a. All commercial establishments, buildings, facilities, hotels, lodging houses, and other establishments
providing accommodations and/or structures including those which are under construction in
Boracay Island , which are located within Sixty-One (61) meters from any available sewer pipeline;
Page 92
b. All residential and institutional establishments, buildings, facilities and/or structures in Boracay
Island located within Sixty-One (61) meters from any available sewer pipeline.
c. However, the following establishments should have a pre-treatment facility for high surfactants,
organics and other harmful parameters before discharge to the sewerage system.
2. Establishment with industrial wastes consisting of harmful chemical (i.e. hazardous, toxic and
corrosive) discharges.
3. Funeral parlors, wet markets, and slaughter houses where internal organs and blood may be
discharged.
SECTION 2. - SECTION 2 OF MUNICIPAL ORDINANCE NO. 297, SERIES OF 2011 IS HEREBY AMENDED TO
READ AS FOLLOWS:
“SECTION 2. Mandatory Construction and Maintenance of Sewerage Treatment Plant. Except for those
who are able to connect to the existing sewer pipeline, the owners/operators of the following shall be
required to construct and maintain their own sewerage treatment plant in Boracay Island within One (1)
year from the effectivity of this Ordinance:
a. All commercial establishments, commercial complexes or buildings, hotels, lodging houses, and
other establishments providing accommodations with more than Twenty (20) rooms, facilities
and/or structures including those which are under construction in Boracay Island which are located
more than Sixty-One (61) meters from any available sewer pipeline;
b. Sewerage providers and sewage collection business operators.
SECTION 3. - SECTION 3 OF MUNICIPAL ORDINANCE NO. 297, Series of 2011 is hereby amended to
read as follows:
“SECTION 3. Mandatory Construction and Maintenance of a Standard Septic Tank. Except for those
who are able to connect to the existing sewer pipeline, the owners/operators of the following shall be
required to construct and maintain a standard septic tank sufficient to serve their respective sewerage
generation.
a. All residential structures in Boracay Island including those which are under construction located
more than Sixty-One (61) meters from any available sewer pipeline.
b. lodging houses, and other establishments providing accommodations with less than Twenty (20)
rooms, facilities and/or structures including those which are under construction in Boracay Island
which are located more than Sixty-One (61) meters from any available sewer pipeline;
c. Those structures mentioned in (a) and (b) which are within the 61-meter zone but below the
available sewer pipeline or in a situation where connection is highly improbable because of elevation,
shall be required to construct and maintain a standard septic tank. The probability or improbability
of connection shall be determined by the Wastewater Management Council.
In the maintenance and cleaning of this septic tank, the owner must regularly employ the
services of an individual or entity, with an Environmental Sanitation Clearance (ESC) secured from
the Municipal Health Office of Malay, thereby authorizing such operator to engage in the
collection/desludging, handling, transport, treatment and disposal of sludge and septage, and
Certificate of Compliance from the Municipal Engineering or building officials certifying that they
have their own Sewerage Treatment Plant as a pre-requisite in the issuance or renewal of their
Business Permit to operate.
SECTION 4. - SECTION 4 OF MUNICIPAL ORDINANCE NO. 297, SERIES OF 2011 is hereby repealed. In its
stead, a new Section 4 is hereby inserted, which shall read as follows:
Page 93
“SECTION 4. Mandatory Compliance with the Standards and Specifications for the Construction and
Maintenance of the Sewerage Treatment Plant or Septic Tank. The construction and maintenance of the
sewerage treatment plant or septic tank required under this Ordinance shall be in accordance with the
applicable provisions of the Revised National Plumbing Code of 1999, Presidential Decree No. 856
(Sanitation Code), Implementing Rules and Regulations of Chapter XVII ("Sewage Collection and Disposal,
Excreta Disposal and Drainage") of P.D. 856, “Rules And Regulations Governing The Collection, Handling,
Transport, Treatment and Disposal of Domestic Sludge and Septage” – A Supplement to the Implementing
Rules And Regulations Of Chapter XVII of P.D. 856, Presidential Decree No. 1096 (National Building Code),
and DENR Administrative Order No. 35, series of 1990 (Revised Effluent Regulations of 1990).”
SECTION 5. - ACCESS TO RECYCLED WATER. Pursuant to the zero-waste policy of the Municipality,
all commercial, residential, and institutional establishments in Boracay Island shall have the option and
the right to use recycled water, whenever appropriate, for domestic or commercial use.
SECTION 6. - ISSUANCE OF A DISCHARGE PERMIT, CERTIFICATE OF SEWERAGE CONNECTION AND

ENVIRONMENTAL SANITATION CLEARANCE AS A PRE-REQUISITE TO THE ISSUANCE/RENEWAL OF A BUSINESS PERMIT.
The Wastewater Management Compliance Certificate to be issued by a sewerage service provider shall no
longer be required for the issuance/renewal of business permits. Instead, the following shall be required:
a. Owners/operators of establishments in Boracay Island that have constructed, operated, and

maintained their own Sewerage Treatment Plant within One (1) year from the effectivity of this
Ordinance shall be required to present a Discharge Permit for the processing and issuance or
renewal of their business permits. The Discharge Permit shall be applied with and issued by the
DENR-EMB.
b. Owners/operators of establishments in Boracay Island that have connected to an available sewer

pipeline shall be required to present a Certificate of Sewer Connection that shall be issued by the
Municipal Engineer or Building Official, after the evaluation of the majority members of the
Wastewater Management Council, certifying that their respective connections to an available sewer
pipeline are current and legitimate. The Certificate of Sewer Connection shall be valid for (1) year
from its issuance and renewable every year thereafter.
c. Sewerage providers and sewage collection business operators shall be required to present a
Discharge Permit from the DENR-EMB and Environmental Sanitation Clearance issued by the
Municipal Health Office (MHO) for the processing and issuance or renewal of their business permits.
SECTION 7. - PROHIBITED ACTS. No person or entity is allowed to discharge any untreated

wastewater and sewage into any body of water within or around Boracay Island and to the Island’s storm
drainage system.
SECTION 8. - WASTEWATER MANAGEMENT COUNCIL. Thirty days after the final approval of this
Ordinance, a Waste Management Council shall be created tasked with the monitoring, supervision and
enforcement of this Ordinance.
Chairman : Municipal Mayor or his representative

Vice Chair : Municipal Engineering/Building official or his
authorized representative
Members :
1. Municipal Health Officer or his authorized representative
2. SB Chairman of Committee on Environment
3. SB Chairman of Committee on Public Utility
4. Chief, Municipal Auxiliary Police-Boracay
5. Representative of pertinent sewer providers
SECTION 9. - SPECIFIC POWERS OF THE WASTEWATER MANAGEMENT COUNCIL. The council shall have
the following specific powers and functions to ensure on the compliance of this Ordinance:
1. Ensure that the subject establishments properly maintain their connection to the system, and for this
purpose, it shall conduct a regular inspections of the said connections to confirm that:
a) The sewage disposal system of each establishment is properly connected to the Island’s sewer
system;
b) The sewage disposal system of each establishment has properly installed and uses grease traps;
and
c) The non-sewage (i.e. rainwater, swimming pool) disposal system of each establishment is
properly connected to the Island’s drainage system.
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2. Evaluate and recommend to the Municipal Engineer or building officials the issuance of a Certificate
of Sewer Connection to the owner/operator of the establishment as stated under Section 6,
paragraph b and c.
3. Evaluate and recommend to the Municipal Health Officer the issuance of Environmental Sanitation
Clearance to the operator of business engaged in the collection/dislodging, handling, transport,
treatment and disposal of sludge and septage as stated under section 3, paragraph 2 and Section 6,
paragraph C of this Ordinance.
4. Evaluate, determine and implement necessary actions to complaints lodged with it by the public or
private entities against sewerage providers and sewage collection business operators who failed or
refused to connect or render their services.
5. Evaluate, recommend and implement necessary actions to abate the nuisance sewerage connections.
SECTION 10. - PENALTIES. Violations in any provisions of this Ordinance shall suffer the following:
a. ON RESIDENTIAL HOUSE OWNER - Fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or
imprisonment for a period of not less than One (1) day but in no case more than Six (6) months,
or both, at the discretion of the court, without prejudice to other administrative and criminal
penalties and sanctions that may be imposed by other laws, ordinances, rules and regulations.
b. ON COMMERCIAL ESTABLISHMENTS OWNER/OPERATOR - Fine of TWO THOUSAND FIVE HUNDRED PESOS

(Php2, 500.00) or imprisonment for a period of not less than One (1) day but in no case more
than Six (6) months, or both, at the discretion of the court and non-issuance of necessary permits
and clearances, without prejudice to other administrative and criminal penalties and sanctions that
may be imposed by other laws, ordinances, rules and regulations.
When the offender is a corporation, partnership, or other juridical person, the president,
general manager, managing partner, or such other officer charged with the management of the
business affairs thereof shall be criminally liable.
c. ON SECTION 7 - Fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or imprisonment

for a period of not less than One (1) day but in no case more than Six (6) months, or both, at the
discretion of the court, and suspension, revocation, cancellation or non-issuance of business permit,
whatever is applicable, without prejudice to other administrative and criminal penalties and
sanctions that may be imposed by other laws, ordinances, rules and regulation.
d. SEWERAGE PROVIDERS AND SEWAGE COLLECTION BUSINESS OPERATORS who fails or refuses to connect or
render their services to the public or private entities without justifiable reasons as determined by the
Wastewater Management Council shall be fined TWO THOUSAND FIVE HUNDRED PESOS
(Php2,500.00) for the first offense. For the second and subsequent offenses, a fine of TWO
THOUSAND FIVE HUNDRED PESOS (Php2,500.00) and revocation of Business Permit and
Environmental Sanitation Clearance shall be imposed.
SECTION 11. - TRANSITION PERIOD. Owners/operators of establishments in Boracay Island that

shall be constructing their own Sewerage Treatment Plant within One (1) year from the effectivity of this
Ordinance shall be required, within the aforestated transition period, to maintain and clean their existing
septic tanks/drainage facilities by employing the services of an individual or entity engage in the
collection/desludging, handling, transport, treatment and disposal of sludge and septage.
SECTION 12. - REPEALING CLAUSE. Any other ordinance, order, or issuance, or any part thereof,
which is inconsistent with this Ordinance is hereby repealed, revoked, or modified accordingly.
SECTION 13. - SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this
ordinance shall be declared unconstitutional or invalid, other parts or provisions thereof not affected
shall continue to be in full force and effect.
SECTION 14. - EFFECTIVITY. This Ordinance shall take effect immediately, after its approval and
due publication.

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h) MUNICIPAL ORDINANCE NO. 311, S. 2012; AN ORDINANCE PROHIBITING

LITTERING/DUMPING/THROWING OF GARBAGE, TRASH, RUBBISH, REFUSE AND OTHER WASTE
MATERIALS AND PRESCRIBING PENALTIES FOR CERTAIN ACTS AND OMISSIONS INIMICAL TO
CLEANLINESS AND SANITATION.
SECTION 1. - RATIONALE. Article 2, Section 16 of the Constitution provides that the State shall
protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. The Local Government Code likewise mandates the protection of the
environment and impose appropriate penalties for acts which endanger the environment. The Local
Government of Malay firmly believes that a clean and tidy community fosters concern for the
environment. To this end, there is a need to intensify the campaign on proper waste disposal to prevent
ecological and environmental degradation and instill a sense of discipline, social responsibility and
awareness for the environment to promote ecological justice and sustainable development.
SECTION 2. - TITLE. This Ordinance shall be known as the “Anti-Littering Ordinance of 2011”.
SECTION 3. - DEFINITION OF TERMS. For purposes of this Ordinance, the following terms and/or
phrases shall mean:
a) LITTERING – the throwing, dumping and/or the scattering of plastics, papers, residues, waste
materials, garbage, trash, rubbish and/or refuse.
b) REFUSE – includes any other waste materials apart from plastics and papers.
c) PUBLIC PLACES – includes the beaches, path roads, pathways, vegetation areas, streets, sidewalks,
highways, parks, playgrounds, schools, government offices and any other edifices publicly used.
d) ENTITIES – includes non-governmental organizations (NGOs), non-governmental agencies (NGAs),

religious/sectarian organizations, non-profit organizations, and all other institutions excluding
hotels, restaurants, resorts, business establishments and residences.
e) RECREATIONAL AREAS – includes the sea surrounding mainland Malay and the Island of Boracay,
beaches, parks, plazas, playgrounds, athletic/sports grounds and other similar places.
f) WATERWAYS - includes canals, drainage, sewers, creeks, streams, rivers, swamps and the like.
g) IMMEDIATE SURROUNDINGS – refers to the frontage or vicinity including up to the mid-span of the road,
street, alley or avenue from the edge of the street gutter; sidewalks of residential houses, hotels,
resorts, business/commercial establishments or offices whether private or public.
SECTION 4. PROHIBITED ACTS.
a) Littering of plastics, papers, residues, waste materials, garbage, trash, rubbish and/or refuse in
public places, waterways and recreational areas.
b) Urinating, spitting and defecating in public places, waterways and recreational areas.
c) Drawing, writing, marking, etching, scratching, inscribing, painting or spraying of words, figures or
designs on walls, fences, and other surfaces in public places or private properties upon complaint of
the owner(graffiti).
d) Placing, storing or dumping of waste materials, garbage, debris, junks and any other immovable
objects in any part of the road, pathway, street, or avenue or in any sidewalk which may obstruct or
impede the flow of vehicular or pedestrian traffic.
e) In the Island of Boracay, the hanging or posting of billboards, signboards, streamers, posters and
other similar commercial advertisement materials on the beachfront or within the “NO BUILD
AREA” or twenty five (25) meters from the established mean high water line measured landwards
perpendicular to it, except to those hanged or attached on buildings, gates or entrances with prior
permit from the Local Government Unit.
f) Inscribing, hanging or posting of billboards, signboards, streamers and posters for business or
commercial advertisements on government buildings, sidewalks, fences and similar places except in
designated areas and with prior permit from the Local Government Unit.
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g) The owners, operators and drivers of public utility vehicles, including ferryboats and paraws plying
within the Municipality of Malay are required to maintain cleanliness in their respective vehicles at
all times and provide trash receptacles inside their vehicles.
SECTION 5. - RESPONSIBILITY OF ENTITIES, RESIDENTS, BUSINESS ESTABLISHMENTS, PERSONS.
a) Entities, hotels, restaurants, resorts, business establishments and residences are obliged everyday to
sweep, clean and maintain the cleanliness of their respective immediate surroundings or
beachfronts. They shall be held responsible for plastics, papers and any other refuse littered within
their immediate surroundings.
b) Entities, hotels, restaurants, resorts, business establishments and residences shall observe proper
segregation, storage, and disposal of solid waste materials. They shall also take responsibility over
the use and care of trash receptacles that the LGU may provide them.
c) Every person shall likewise observe proper waste segregation and disposal.
SECTION 6. - SIGNAGE. ENTITIES, HOTELS, RESTAURANTS, RESORTS, BUSINESS ESTABLISHMENTS except for
residences shall provide or post a “NO LITTERING” signage within and outside the premises of their
edifices/buildings or in any other conspicuous area of their respective properties.
SECTION 7. - FINES AND PENALTIES.
a) Any person, found violating Section 4 and paragraph (c) of Section 5 hereof shall suffer the following
fines and penalties:
FIRST OFFENSE : ONE THOUSAND PESOS (Php1,000.00) or imprisonment of not

less than ten (10) days nor more than thirty (30) days or both, at
the discretion of the Court.
SECOND OFFENSE : ONE THOUSAND FIVE HUNDRED PESOS (Php1,500.00) or

imprisonment of not less than twenty (20) days nor more than
thirty (30) days or both, at the discretion of the Court.
THIRD AND SUBSEQUENT : TWO THOUSAND FIVE HUNDRED PESOS (Php2,500) or

OFFENSES imprisonment of not less than one (1) month nor more than six
(6) months or both, at the discretion of the Court.
b) Failure to observe paragraphs (a) and (b) of Section 5 hereof shall subject the president, manager,
administrator, owner or proprietor to the following fines and penalties:
FIRST OFFENSE : ONE THOUSAND FIVE HUNDRED PESOS (Php1,500.00) or

imprisonment of not less than ten (10) days nor more than thirty
(30) days or both, at the discretion of the Court.
SECOND OFFENSE : TWO THOUSAND PESOS (Php2,000.00) or imprisonment of not

less than twenty (20) days nor more than thirty (30) days or both,
at the discretion of the Court.
THIRD AND SUBSEQUENT : TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or

OFFENSES imprisonment of not less than one (1) month nor
more than six (6) months or both, at the discretion of the Court and
The Municipal Mayor may order the revocation of Business Permit
or Cancellation of Accreditation whenever warranted.
c) In addition to the fines and penalties, the Municipal Mayor may order the sweeping or cleaning of the
premises or beachfront at the expense of entities, hotels, restaurants, resorts, business
establishments and residences.
SECTION 8. - PUBLIC INFORMATION AND AWARENESS CAMPAIGN. The Local Government through the
Solid Waste Management Unit, Environmental Services Unit, Municipal Tourism Office and in
coordination with Ecological/Environmental Advocacy Groups, NGOs, NGAs, Media Organizations and the
like shall carry out a massive information dissemination of this Ordinance and shall regularly conduct
awareness campaign on proper waste management, segregation and disposal.
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SECTION 9. - MONITORING/INSPECTION/IMPLEMENTATION. The strict implementation and

monitoring of this Ordinance shall be undertaken by the Office of the Mayor and its deputized
representatives or the Malay Auxiliary Police (MAP) with the assistance of the Philippine National Police
(PNP) and other law enforcement agencies.
A regular inspection of entities, hotels, restaurants, resorts, business establishments and

residences shall be conducted in order that this Ordinance is strictly observed and followed.
SECTION 10. - SEGREGATION/COLLECTION. The Municipal Solid Waste Management is hereby

tasked to procure trash bins or receptacles, painted with a uniform design by the LGU to be distributed to
establishments with a corresponding Memorandum of Agreement as to the use and care of the
receptacles. Further, the MSWM shall provide and put up trash receptacles in streets and pathways
ranging from 15 to 30 meters apart or at such distance as the MSWM may deem appropriate.
The Municipal Solid Waste Management shall implement the provisions of R.A. 9003 (Ecological
Solid Waste Management Act of 2000) and shall be responsible for the timely and proper collection of
solid wastes within the Municipality. It shall publicize its collection dates on all areas concerned and
coordinate with the Barangays as to their waste problems.
SECTION 11. - SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this
The provisions of R.A. 9003 (Ecological Solid Waste Management Act of 2000) shall be
suppletory in character to fully implement this Ordinance.
SECTION 12. - REPEALING CLAUSE. Municipal Ordinance No. 100, series of 1996 (An Ordinance
Prescribing and Penalizing Certain Acts and Omissions Inimical to Cleanliness and Sanitation) is
hereby repealed. Any other ordinance, orders, rules and regulations or any part thereof which are
inconsistent with this ordinance are hereby repealed and modified accordingly.
SECTION 13. - EFFECTIVITY. This ordinance shall take effect upon its approval and proper
publication.
i) MUNICIPAL ORDINANCE NO. 312, S. 2012; AN ORDINANCE ENACTING THE SANITATION CODE
OF THE MUNICIPALITY OF MALAY.
ENACTED. SEPTEMBER 9, 2009. APPROVED. MARCH 27, 2012.
(SEPARATE COPY)
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C) ZONING AND CONSTRUCTION

ORDINANCES
a) MUNICIPAL ORDINANCE NO. 90, S. 1996; “AN ORDINANCE REGULATING THE CONSTRUCTION OF
HUMPS OR PLACING OF PROTUBERANCE ON PUBLIC ROADS WITHIN THIS MUNICIPALITY.”
SECTION1. – REGULATED ACTS. No person, natural or juridical, shall construct any kind of hump
or place any kind of protuberance, on any public road within the Municipality of Malay, without first
securing a Permit therefore from the Office of the Mayor thru the Municipal Engineer.
SECTION 2. – ADMINISTRATIVE PROVISIONS.
1) Any person, natural or juridical, desiring to construct humps or place any kind of protuberance on
any public road within this Municipality shall file an application for that purpose with the Office of
the Municipal Engineer.
2) Upon receipt of the said application, the Municipal Engineer or his duly assigned representative shall
coordinate with the Officer-in-Charge of Traffic Management to discuss the merits of the application.
Thereafter, their joint or individual recommendation shall be submitted to the Mayor.
3) No permit by the Mayor on this shall be issued without the written recommendation of both the
Municipal Engineer and the Officer-in-Charge of Traffic Management.
1) The Municipal Engineer shall determine the appropriate specification as to the thickness, width and
length of the hump or protuberance to be placed or constructed. These humps shall be allowed only
on intersections, schools and hospital zones or highly hazardous areas.
2) The Municipal Engineer is hereby authorized to alter or modify the existing humps or protuberance
on any Municipal or Barangay roads to conform with the necessary specifications prescribed by his
Office.
3) The Municipal Engineer and the Officer-in-Charge of the Traffic Management Office shall issue the
necessary additional rules and regulations or implementing guidelines for the effective enforcement.
SECTION 4. – PENALTY. Violators of this ordinance shall be punished by a fine of not less than
FIVE HUNDRED PESOS (P500.00) but not more than TWO THOUSAND FIVE HUNDRED PESOS
(P2,500.00) or an imprisonment of not less than fifteen (15) days but not more than six (6) months or
both fine and imprisonment at the discretion of the court.
b) MUNICIPAL ORDINANCE NO. 96–97; “AN ORDINANCE REGULATING THE CONSTRUCTION OF ALL
BUILDING AND OTHER STRUCTURES IN BORACAY.”
WHEREAS, Resolution No. 135, s. 1994 amends the height limit of all structures in Boracay as
provided for in the Master Development Plan;
WHEREAS, recent survey of all existing structures show that many owners and contractors
misinterpreted the provisions of existing regulations, thus they failed to comply with limitations
prescribed by existing regulations in the construction of their structures and/or buildings;
WHEREAS, there is a need to prohibit and/or regulate the construction of building and other
structures in Boracay particularly near the beaches and the water around the Island in order to protect
its ecology and to preserve its natural environment and beauty as a tourist destination;
WHEREAS, this Body has directed the Municipal Planning and Development Officer and the
Municipal Engineer to conduct a survey and submit their recommendation on the acceptable limitations
that should be imposed on the construction of all structures and building in Boracay;
WHEREAS, this Body has conducted the required public hearings on this proposed Ordinance
and the consensus arrived in the said public hearing have taken into consideration and incorporated in
the Ordinance;
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NOW THEREFORE, following the recommendations of the Municipal Planning and Development
Officer and the Municipal Engineer, and of the consensus reached during the public hearings conducted
for the purpose; the Sangguniang Bayan of Malay, Aklan hereby enact the following ordinance:
SECTION 1. – ORDAINING CLAUSE. No building or structures of any kind neither commercial,

business, recreational and residential, whether permanent or temporary shall be constructed and/or
allowed to operate on the beaches around the island including the offshore waters; In the same manner
that no building or structure of any kind temporary or permanent shall be constructed or be allowed to
operate within twenty five (25) meters from the beach marker established by the DOT which is
hereinafter referred to as “NO BUILD AREA” except those structures already existing therein prior to the
approval of this Ordinance; In case f renovations or new construction the same lot owners shall be
required to follow all provisions of this ordinance;
SECTION 2. – A setback of five (5) meters from the edge of the “NO BUILD AREA” as specified in
Section 1 hereof shall be observed. All persons whether natural or judicial who wanted to construct
buildings or structures next to the “NO BUILD AREA” shall construct their buildings or structures five (5)
meters away from the edge of the “NO BUILD AREA” specified herein;
SECTION 3 (a). – Maximum height of all buildings/structures with roof deck shall be measured
from the natural ground up to the highest point or apex of the building/structures shall (See Annex A);
I. Five (5) meters or one (1) storey building, shall be constructed five (5) meters away from the edge
of the “NO BUILD AREA” as specified herein;
II. Six (6) meters or one (1) storey building only, shall be constructed ten (10) meters away from the
edge of the “NO BUILD AREA”;
III. Eight and one half (8.50) meters or two (2) storey building only shall be constructed fifteen (15)
meters away from the edge of the “NO BUILD AREA”;
IV. Ten and one half (10.50) meters or two (2) storey building only shall be constructed twenty five
(25) meters away from the edge of the “NO BUILD AREA”;
V. Twelve (12) meters or three (3) storey building shall be constructed sixty five (65) meters away
from the edge of the “NO BUILD AREA”;
VI. Attic or mezzanine shall be prohibited;
SECTION 3 (b). – Maximum height of all buildings/structures with normal roofing shall be
measured from the natural ground up to the highest point or apex of the buildings/structures shall; (See
Annex B).
I. Six (6) meters or one (1) storey building only shall be constructed five (5) meters away from the
“NO BUILD AREA”;
II. Eight (8) meters or one (1) storey building only shall be constructed ten (10) meters away from the
“NO BUILD AREA”;
III. Eight and one half (8.50) meters or two (2) storey building only shall be constructed fifteen (15)
meters away from the “NO BUILD AREA”;
IV. Ten and one half (10.50) meters or two (2) storey building only shall be constructed twenty five
(25) meters away from the “NO BUILD AREA”;
V. Fourteen (14) meters or three (3) storey building only shall be constructed One Hundred Fifty (150)
meters away from the “NO BUILD AREA” provided that it shall be One Hundred (100) meters away
from the center of the main road;
VI. Attic or mezzanine shall be prohibited.
SECTION 3 (c). – There shall be a setback of three (3) meters measured from the shoulder of all
the buildings/structures constructed along the main road; and one (1) meter setback from their property
line.
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SECTION 4. – No buildings/structures shall be constructed slope over twenty five percent (25%)
unless may be determined by the Building Official is structurally protected and provided with soil erosion
protective structures. Buildings/structures on this area shall have a maximum of up to ten (10) meters
height.
SECTION 5. – (a) No building or structures shall be constructed on a swamp or other water

clogged areas in the island except on those area classified by existing zoning ordinance as “BUILDABLE
AREAS”.
(b) Building constructed on swamp classified as “BUILDABLE AREA” shall comply with the requirements
of the National Building Code, the height limitations provided by this ordinance and the setback
requirement of five (5) meters from each building and from the boundary lines of the lot.
(c) Construction of other structures on swamp or other water clogged areas classified as “BUILDABLE
AREAS” in the Zoning Ordinance shall secure Permits and comply with the requirements of the
proper government agency.
a) The owner or operator of building or structure who violates this ordinance shall be fined TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and order to correct the defect or violation. If after
three (3) months, due notice has been served, the defect of the structure is not yet corrected, the
whole building or structure shall be demolished at the expense of the owner.
b) Contractors, Architects and/or Engineers of the buildings constructed in violation of this ordinance
shall be fined TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) for every building or structure
constructed under their supervision shall likewise be penalized, or an imprisonment of not more
than six (6) months or both at the discretion of the court.
SECTION 8. – This ordinance amends, modifies and/or repeals the provisions of all other
ordinances and resolutions in consistent with it.
SECTION 9. – This ordinance is a modification of Resolution No. 045, series of 1996 and shall take
effect immediately upon its approval.
IMPLEMENTING RULES:
1) Identify and establish markers in “NO BUILD AREA”.
2) To make an inventory of all existing structures in “NO BUILD AREA”.
3) The Municipal Engineer or any authorized representative will monitor the status of existing
structures in “NO BUILD AREA”.
b.1. MUNICIPAL ORDINANCE NO. 2000-131; “AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 96-97 REGULATING THE CONSTRUCTION OF ALL BUILDINGS AND OTHER
STRUCTURES IN THE ISLAND OF BORACAY.
Be it enacted by the Sangguniang Bayan duly assembled:
SECTION 1. – DECLARATION OF POLICY. It is the policy of the Municipality to maintain and preserve
the natural beauty and environment of Boracay Island particularly its white beaches and crystal clear
waters as a peaceful, comfortable, healthful, sanitary and beautiful tourist haven both for domestic and
foreign tourists for all generations to come.
SECTION 2. – DEFINITION OF TERMS. As used in this Ordinance, the following words, terms and
phrases shall mean as follows:
(a) MEAN HIGH WATER MARK – the part of the seashore between the upper limits of the wave wash at the
highest tide of the year and the upper limits of the wave wash during normal high tides of the year;
(b) NO BUILD ZONE – the space twenty-five (25) Meters from the edge of the mean high water mark
measured inland;
Page 101
(c) MAXIMUM HEIGHT – the height of the building measured from the natural level of the ground to the
highest point of the roof of a building;
(d) OPEN SPACE – portion of the lot that should be left vacant and free of any vertical construction or
structure.
(e) SETBACK – the space or distance from the edge of the NO BUILD ZONE measured straight inland to the
nearest edge of the structure.
(f) CLIFF – high steep face of rock or mountain.
(g) BUILDING PERMIT – document issued by the Office of the Municipal Engineer approving and/or
authorizing the proposed construction;
(h) ZONING CLEARANCE – document issued by the Office of the Municipal Zoning Officer attesting that the
proposed construction has complied with the Set Back and Open Space Requirement of this
Ordinance;
(i) CERTIFICATE OF OCCUPANCY – document issued by the Office of the Municipal Engineer attesting that
the finished construction has complied with all the requirements for its construction and is fit to be
used for its purpose;
SECTION 3. – No building or structure of any kind whether temporary or permanent shall be

allowed to be set up, erected or constructed on the beaches around the Island of Boracay and in its
offshore waters. During the conduct of special activities or special events, the Sangguniang Bayan may
through a Resolution authorize the Office of the Mayor to issue Special Permits for construction of
temporary structures on the beach for the duration of the special activity as embodied in the Resolution.
SECTION 4. – SETBACK REQUIREMENTS AND MAXIMUM HEIGHT LIMITS.
(a) The setback requirements and maximum height limits for all buildings shall be as follows:
(1) The maximum height of buildings that can be constructed Five (5) Meters away from the edge of
the NO BUILD ZONE measured inland up to Fifteen (15) Meters away therefrom shall be Six (6)
Meters tall provided one (1) storey building only;
(2) The maximum height of buildings that can be constructed Fifteen and One Tenth (15.1) Meters
away from the edge of the NO BUILD ZONE measured inland up to Twenty Five (25) Meters
away therefrom shall be Eight and One Half (8.5) Meters tall provided two (2) storey building
only;
(3) The maximum height of buildings that can be constructed Twenty Five and One Tenth (25.1)
Meters away from the edge of the NO BUILD ZONE measured inland up to Fifty (50) Meters
therefrom shall be Ten and One Half (10.5) Meters tall;
(4) The maximum height of buildings that can be constructed Fifty and One Tenth (50.1) Meters
away from the edge of the NO BUILD ZONE measured inland up to One Hundred Fifty Meters
(150) Meters therefrom shall be Twelve (12) Meters.
(5) The maximum height of buildings that can be constructed more than One Hundred Fifty (150)
Meters away from the edge of the NO BUILD ZONE shall be Fourteen (14) Meters;
PROVIDED THAT:
(b) The nearest edge of all buildings and structures temporary or permanent that may be constructed
along a road shall be at least Six (6) Meters from the center of the road; and
(c) The nearest edge of all buildings and structures that maybe constructed shall be at least one (1)
meter away with firewall from the boundary of the lot and shall be two (2) meters away without
firewall from the boundary of the lot.
(d) No building or structure shall have more than three (3) floors.
SECTION 5. – OPEN SPACE. A mandatory open space equivalent to Forty Percent (40%) of the lot
area where a vertical construction is proposed to be undertaken shall be maintained and kept open and
free from any structure. Construction of Horizontal structure is allowed for lot areas located in the
interior portion.
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SECTION 6. – No building or structure shall be allowed to be constructed on a slope Twenty Five

Percent (25%) or higher unless provided with soil erosion protective structures and authorized by the
Department of Environment and Natural Resources;
SECTION 7. – Construction of buildings and other structures on edge of cliffs in areas classified as
Buildable by Zoning Ordinance shall;
(a) Comply with the design requirements of the National Building Code.
(b) Observed a setback of ten (10) meters from the edge of the cliff and shall have a maximum height of
no more than 10.5 meters.
SECTION 8. - No building or structure shall be allowed to be constructed on a swamp or other

water clogged areas unless authorized by the Department of Environment and Natural Resources;
SECTION 9. – PERMITS AND CLEARANCES.
(a) No building or structure shall be allowed to start construction unless a Building Permit therefor has
been duly issued by the Office of the Municipal Engineer. Once issued, the building owner or any
person in charge of the construction shall display on the lot or on the building undergoing
construction a placard containing the Building Permit Number and the date of its issue. The Office of
the Municipal Engineer shall not issue any building permit unless:
(1) The proposed construction has been duly issued a Zoning Clearance by the Office of the
Municipal Zoning Officer;
(2) The proposed construction has been duly endorsed by the Sangguniang Bayan through a Letter
of Endorsement;
(b) Only buildings/structures which has complied with all the requirements for its construction as
verified to by the Building Inspector and the Sangguniang Bayan shall be issued a Certificate of
Occupancy by the Office of the Municipal Engineer.
(c) No Business or Mayor’s Permit shall be issued to businesses being undertaken on buildings or
structures which were not issued a Certificate of Occupancy beginning January 2001 and
thereafter;
(d) No telephone, water or electrical connections shall be allowed to be attached or connected to the
building or structure that has been or is being constructed unless the construction of the said
building has been issued a building permit which has not been revoked or cancelled.
(a) Any person who shall cause, participate or abet the construction of any building or structure in
violation of this Ordinance or in any manner violate, disobey, refuse, omit or neglect to comply with
the provisions of this Ordinance or any order issued by the officials tasked to enforce its provisions
shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment not
exceeding six months or a fine not exceeding TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)
or both at the discretion of the Court;
(b) The service by the Zoning Officer and Municipal Engineer of a written Notice of Violation to the
owner, project proponent, architect, engineer, foreman or any person in charge of the construction
of the building or structure shall have the effect of immediately canceling or revoking the Zoning and
Building Permit issued to the project and shall be prima facie evidence that the building or structure
is being or has been constructed in violation of the provisions of this Ordinance.
(c) Upon receipt of the Notice of Violation, the owner, project proponent, architect, engineer, foreman
or any person in charge of the construction shall immediately stop or discontinue the works being
undertaken on the building or structure constituting the violation until the Zoning Officer and
Municipal Engineer has issued a written authorization to resume the works. Should the owner,
project proponent, architect, engineer or foreman or any person in charge of the construction of the
building or structure disregard the Notice of Violation and continue to undertake the works, the
offending structure or any part or portion thereof shall be demolished at the expense of the owner
or project proponent.
Page 103
(d) No telephone, electricity, water and cable television connections shall be allowed to be connected to
any building or structure, which has not been issued a Certificate of Occupancy. Violations by public
utility providers of this provision shall subject them or their officers to the criminal liabilities
specified in paragraph (a) hereof. Private individuals who extend or provide these facilities to the
building or structure without a Certificate of Occupancy shall be liable for the same penalties.
(e) Any building, structure or contraption erected in any public place within the Municipality of Malay
such as but not limited to streets, thoroughfares, sidewalks, plazas, beaches or in any other public
place are hereby declared as nuisance and illegal structure. Such building, structure or contraption
shall be demolished by the owner thereof or any of his authorized representative within ten (10)
days from receipt of the notice to demolish. Failure or refusal on the part of the owner or any of his
authorized representative to demolish the illegal structure within the period herein above specified
shall automatically authorize the government of the Municipality of Malay to demolish the same,
gather and keep the construction materials of the demolished structure.
SECTION 11. – REPEALING CLAUSE. This Ordinance revokes, repeals and supersedes any other
Ordinance or provisions thereof inconsistent with it.
SECTION 12. – SEPARABILITY CLAUSE. In the event that any section, paragraph, sentence, clause or
word of this Ordinance is declared invalid or any reason, the other provisions thereof shall not be
affected thereby.
SECTION 13. – EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days after its
posting at the Bulletin Board of the Municipal Building of Malay, Aklan and in the Barangay Halls of
Barangays Manocmanoc, Balabag and Yapak, all in Boracay Island or its publication in a local newspaper
serving the Municipality of Malay whichever comes last.
ENACTED. JUNE 22, 2000.
b.1.1 MUNICIPAL ORDINANCE NO. 158, S. 2002; “AN ORDINANCE AMENDING SECTION 3
OF MUNICIPAL ORDINANCE NO. 2000-131.
Be it enacted by the Sangguniang Bayan of Malay, Aklan that:
SECTION 1. Adding the word “No Build Zone” that reads hereby amends Section 3 of Municipal
Ordinance No. 2000-131 of this Municipality;
“No building or structure of any kind whether temporary or permanent shall be allowed to be set up, erected
or constructed on the No Build Zone area Twenty Five (25) meters from the edge of the mean high
water mark or on the beaches around the island of Boracay and in its offshore waters. During the
conduct of special activities or special events, the Sangguniang Bayan may through a Resolution
authorize the Office of the Mayor to issue Special Permits for construction of temporary structures on
the beach for the duration of the special activity as embodied in the Resolution.
SECTION 2. – This ordinance shall take effect immediately upon approval.
b.1.2 MUNICIPAL ORDINANCE NO. 173, S. 2002; AN ORDINANCE AMENDING SECTION 10,
PARAGRAPHS B AND C (PENALTIES) OF MUNICIPAL ORDINANCE NO. 2000-131
ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 96-97 REGULATING THE
CONSTRUCTION OF ALL BUILDINGS AND OTHER STRUCTURES IN THE ISLAND OF
BORACAY.
SECTION 1. – AMENDMENT. Section 10, Paragraphs b and c of Municipal Ordinance No. 96-97 shall
read as follows:
Page 104
b) The service by the Zoning Officer and Municipal Engineer of a written Notice of Violation to the owner,
project proponent, architect, engineer, foreman or any person in charge of the construction of the
building or structure shall have the effect of immediately canceling or revoking the Zoning and
Building Permits issued to the project and shall be prima facie evidence that the building or structure is
being or has been constructed in violation of the provisions of this Ordinance. A fine of TWO THOUSAND
FIVE HUNDRED PESOS (₱2,500.00) shall imposed against the owner, contractor, foreman and/or the
Civil/Supervising Engineer should they continue to undertake works despite the Notice of Violation.
Continued defiance of the Notice may result to suspension of contractor’s and/or Civil Engineer’s
privilege to practice profession within the jurisdiction of Malay upon recommendation of the Zoning
Officer and/or Municipal Engineer as the case may be, to the Sangguniang Bayan, through a
resolution of the latter and with the concurrence of the Municipal Chief Executive.
SECTION 2. – SECTION 10 PARAGRAPH C OF MUNICIPAL ORDINANCE NO. 96-97 SHALL READ AS FOLLOWS:
c) Upon receipt of Notice of Violation, the owner, project proponent, architect, engineer, foreman or any
person in charge of the construction immediately stop or discontinue the works being undertaken on the
building or structure constituting the violation until the Zoning Officer and Municipal Engineer has
issued a written authorization to resume the works. Should the owner, project proponent, architect,
engineer or foreman or any person in charge of construction of the building or structure disregard the
Notice of Violation and continue to undertake the works, the owner or the project proponent of the
offending structure or any part or portion thereof, without prejudice to the provisions of the preceding
paragraphs, shall be asked to demolish the same within fifteen (15) days from receipt of Notice of
Demolition. Should the owner or project proponent fails to demolish the said violating building/
structure within the given period, the Local Government shall demolish the same at the expense of the
owner or project proponent.
SECTION 3. – EFFECTIVITY. This Ordinance shall take effect upon approval and publication.
b.1.3 MUNICIPAL ORDINANCE NO. 219, S. 2004; “AN ORDINANCE AMENDING PARAGRAPH
B, SECTION 7 OF MUNICIPAL ORDINANCE NO. 2000-131, AN ORDINANCE AMENDING
MUNICIPAL ORDINANCE NO. 96-97 REGULATING THE CONSTRUCTION OF ALL
BUILDINGS AND OTHER STRUCTURES IN THE ISLAND OF BORACAY.
SECTION 1. RATIONALE. Perusal of Paragraph b, Section 7 of Municipal Ordinance No. 2000-131

reveals that the use of “or” makes the elements of such provision alternative in character. It is imperative
to put these elements in conjunction with each other to bring about the required and desired safety
measures in structural designs of buildings within the municipal jurisdiction of Malay hence this
amendment.
SECTION 2. – AMENDMENT. Paragraph b, Section 7 of Municipal Ordinance No. 2000-131 is

hereby amended to be read as follows:
“b) Observe a setback of ten (10) meters from the edge of the cliff and shall have a maximum height of no
more than 10.5 meters.”
SECTION 3. – DATE OF EFFECTIVITY. This ordinance shall take effect upon its approval.
b.1.4 MUNICIPAL ORDINANCE NO. 267, S. 2008; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 2000-131, AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO.
96-97 REGULATING THE CONSTRUCTION OF ALL BUILDINGS AND OTHER
STRUCTURES IN THE ISLAND OF BORACAY.
SECTION 1. - RATIONALE. Various natural, economic and other man made interventions have
influenced the development perspective of the Island of Boracay and to address this changing
perspective, it is imperative that some irrelevant provisions of Municipal Ordinance 2000-131, be
amended accordingly, hence this piece of legislation.
Page 105
SECTION 2. - DEFINITION. ADDITIONAL TERMS. The following terms shall be added to Section 2,
Definition of Terms, and shall be marked correspondingly.
(j) FIREWALL – is a solid wall, without any opening of whatever nature, made of concrete or similar
materials, designed to block the progress of fire.
(k) BUILDING LINE – an imaginary demarcation separating the NO BUILD ZONE from the BUILD ZONE
located thirty (30) meters from the edge of the mean high water mark measured inland.
SECTION 3. - AMENDMENTS. Section 3. Section 3 of Municipal Ordinance No. 20000-131 is hereby

amended and the same shall be read as follows:
“As a general rule, no building or structure of any kind whether temporary or permanent shall be allowed to
be set up, erected or constructed on the beaches around the Island of Boracay and in its offshore waters. In
the conduct of special activities or events, however, the Office of the Mayor may issue Special Permits for the
construction of temporary structures on the beach for the duration of the event which in no case shall be
more than three (3) days, provided that said structure shall not disturb the flow of human traffic using the
beach a promenade. Before issuance of the afore-cited Special Permit by the Office of the Mayor, the
following shall be secured:
a) Structural Clearance from the Office of the Municipal Engineer;
b) Locational Clearance from the Municipal Zoning Office.”
SECTION 4. - AMENDMENTS. Setback Requirements and Maximum Height Limits, Paragraph (a),
Sub-Paragraphs (1), (2), (3), (4), (5) and Paragraph d, Section 4 are hereby omitted and shall be
substituted with the following provisions;
“Section 4. – Setback Requirements and Maximum Height Limits.
a) The setback requirements and maximum height limits for all buildings shall be as follows:
1. The maximum height of buildings that may be constructed from the building line measured
inland up to fifteen (15) meters away therefrom shall not be higher than six (6) meters tall.
2. The maximum height of buildings that may be constructed within the area of fifteen (15) and
one tenth (15.1) meters to forty (40) meters away from the building line measured inland
shall be not be higher than the imaginary straight line drawn from the highest permissible
height of six (6) meters at the fifteen (15) meters area and the highest permissible height of
fourteen (14) meters at the forty and one tenth (40.1) meters area both measured inland
from the building line.
3. The maximum height of building that may be constructed from forty and one tenth (40.1)
meters and beyond measured inland from the building line, shall not be more than fourteen
(14) meters.
PROVIDED THAT:
b) The nearest edge of all buildings and similar structures temporary or permanent that may be
constructed along a road shall be at least six (6) meters from the center of the road; and
c) In the event that the area, upon which the structure shall be built, is only two hundred square meters
or less, two sides maybe constructed on the property line and the same shall serve as common
firewalls of the adjoining properties, provided further that constructions on both sides shall observe
the open space requirements as prescribed by this ordinance.”
SECTION 5. - AMENDMENT. Section 5. Open Space. Section 5 of Municipal Ordinance No. 2000-131
is hereby amended to be read as follows:
“Section 5 - Open Space. It shall be mandatory of all constructions in the Island of Boracay, both commercial
and residential, to strictly observe and maintain the open space requirements prescribed as follows:
Total Lot Area Open Space Requirement
a) Two Hundred Square Meters or Less - Ten Percent of the Total Area
b) One Thousand Square Meters But Not Less Than Two Hundred Square Meters - Twenty Percent of
the Total Area
Page 106
c) More than One Thousand Square Meters - Forty Percent of the Total Area “
SECTION 6. - AMENDMENTS. Paragraph (b) of Section 7 is hereby amended and shall be read
as follows:
d) Observe as setback of ten (10) meters from the top or bottom of the cliff, as the case may be. The set
back requirement however may be mitigated as to the bottom of the cliff if protective measures has
been provided or installed against protracted land slides to be duly approved and certified by the Office
of the Municipal Engineering of Malay.
SECTION 7. - AMENDMENTS. Section 8. Section 8 is hereby amended and shall be read as follows:
“Section 8. No building or structure shall be allowed to be constructed on swamps or other water clogged
areas unless certification granting permit for construction of the same from the Department of Environment
& Natural Resources is secured.
SECTION 8. – AMENDMENTS. Section 9, permits and clearances is hereby amended and shall be
read as follows:
“Section 9 – Permits & Clearances.
a) No building or structure shall be allowed to start construction unless a Building Permit therefore
has been duly issued by the Office of the Municipal Building Officials. Once issued, the building
owner or any person in-charge of the construction shall display on the lot or on the building
undergoing construction a placard containing the Building Permit Number and the date of its issue.
The Office of the Building Officials shall not issue any building permit unless:
1. The proposed construction has been duly issued a Zoning Clearance by the Office of the
Municipal Zoning Officer;
2. The onsite Building lay-out has been duly certified correct and proper by the Municipal
Building Inspector.
b) Only buildings/structures which has complied with all the requirements for its construction, as
verified to by the Municipal Building Inspector shall be issued a Certificate of Occupancy.”
c) Public Utility Providers, such as, water, telephone, electricity and other similar services are
prohibited to make respective connections to buildings and related structure if the same has been
constructed without Building Permit and/or occupied without Occupancy Permit.
SECTION 9. – SEWERAGE FACILITY. New constructions, buildings and/or structures, in the Island of
Boracay, with accommodation facility of at least fifty (50) rooms shall provide its own sewerage
treatment facility. Existing structures and/or buildings with the same accommodation facility, at least
fifty (50) rooms, shall comply with this provision within two (2) years from the effectivity of this
Ordinance.
SECTION 10. – BONDS. All applicants/proponents of any construction and/or development in the
Island of Boracay shall post a construction/development bond amounting to FIFTY THOUSAND PESOS
(₱50,000.00), regardless of the total cost of the proposed project. The bond shall be either in cash or
surety and posted with the Office of the Municipal Treasurer upon approval of construction permits and
the same shall serve as deposit upon which environmental and constructions of the proponent, if there is
any, shall be deducted therefrom. This bond shall be released to the proponent, less
fines/penalties/charges for infractions, if there is any, upon project completion duly certified by the
Building and Zoning Officials.
SECTION 11. – UNDERTAKING. All applicants/proponents of any construction and/or

development shall submit an undertaking to waive opposition to future expropriation of land for roads,
right of way and easements and allow the ingress and egress to public areas and/or locations upon which
the subject development of the proponent is burdened thereof.
SECTION 12. - REPEALING CLAUSE. All ordinances, rules and regulations or parts thereof provisions
of which are in conflict with or contrary to, the provisions of this ordinance are hereby repealed,
amended or modified accordingly.
SECTION 13. - SEPARABILITY CLAUSE. If any provision of this ordinance is declared invalid or
unconstitutional, other parts or provisions thereof which are not affected thereby, shall remain in full
force and effect.
Page 107
SECTION 14. - EFFECTIVITY. This ordinance shall take effect upon approval and proper
publication.
b.1.4.1 MUNICIPAL ORDINANCE NO. 328, S. 2013; AN ORDINANCE INCREASING THE

MAXIMUM HEIGHT LIMITATION OF ALL BUILDINGS AND OTHER STRUCTURES IN
THE ISLAND OF BORACAY, AN ADDENDUM TO SECTIONS 4 AND 5 OF MUNICIPAL
ORDINANCE 267, SERIES OF 2008 AND AMENDING SECTION 10 THEREOF.
SECTION 1. RATIONALE. Continued influx of tourism in the island of Boracay is overwhelming,

industry development is inevitable, progress can no longer be suppressed. It is imperative therefore, that
certain modifications in the existing legislation be adapted. Hence, this piece of legislation.
Section 4. Amendments. Setback Requirements and Maximum Height Limits. The following sub-paragraphs
shall be added to Paragraph (a) of herein Section 4.
a) The setback requirements and maximum height limitation for all buildings shall be as follows:
4. The maximum height of the building that may be constructed from One Hundred (100)
meters and beyond from the buffer zone shall not exceed Sixteen (16) meters five (5) storey
building provided that the lot area shall be Five Thousand (5,000 SQ.M.)Square meters (or 0.5
hectares) but less than Two (2) hectares.
5. The maximum height of the building that may be constructed form One Hundred (100)
meters and beyond from the buffer zone shall not exceed Twenty (20) meters six (6) storey
building provided that the lot area shall be TWO (2) HECTARES or above, exclusive of the
following structures which in no case shall exceed two (2) meters:
a. elevator machine room

b. stairwell canopy
c. water tank ( in case of a roof deck, at the middle of a roof deck)
d. antennae (not more than two (2) meters above apex).
e. Except the roof deck railing which shall not be more than 1.2 meters.
6. The setback requirement of the preceding sub-paragraphs 4 and 5 shall at least 12.5 meters
from the center of the road.
Section 5. Open Space. The following Paragraphs shall be added to herein Section 5.
d.) Five Thousand Square meters but less than Two Hectares – Fifty Percent (50%) of the Total Area.
e.) Two (2) Hectares and above – Sixty Percent (60%) of the Total Area.
f.) Use of the Open Space shall be limited to:

a. Pool
b. Landscaping
c. Pathways
d. Yard or patio
e. Parking space.
g.) Open space shall not be a subject of Lease nor can be sold.
Section 10. Amendment. Section 10 of Municipal Ordinance No. 267 series of 2008 is hereby amended and
shall read as follows:
BONDS. All applicants/proponents of any construction and/or development in the Island of Boracay shall
post a construction/development bond amounting to five percent (5%) of the total Cost of Project but shall
not exceed One Million Pesos (₱1,000,000.00). The bond shall be in cash and shall be posted with the Office of
the Municipal Treasurer upon approval of construction permits. The same shall serve as deposit upon which
environmental and constructions violations/damages of the proponent, if there is any, shall be deducted
therefrom. This bond shall be released to the proponent, less fines/penalties/charges for infractions, if there
is any, upon project completion duly certified by the Building and Zoning Officials.
Page 108
b.2 MUNICIPAL ORDINANCE NO. 232, S. 2005, “AN ORDINANCE AMENDING SECTION 3(b)
PARAGRAPH VI OF MUNICIPAL ORDINANCE NO. 97 SERIES OF 1996, AN ORDINANCE
REGULATING THE CONSTRUCTION OF ALL BUILDINGS AND OTHER STRUCTURES IN
BORACAY.”
SECTION 1. – RATIONALE. Finding Section 3(b), paragraph VI of Municipal Ordinance No. 97,
series of 1996 too restrictive, this amendment is hereby introduced.
SECTION 2. – DEFINITION OF TERMS/PHRASES. For purposes of this ordinance, the following terms
and/or phrases shall mean:
MEZZANINE - refers to a low ceiling structure between two (2) floors, total area of which is forty percent
(40%) or less of the total floor area where such is a part;
ATTIC - refers to a structure immediately below the roof and above the cornice and entablature the main
support of which is attached to the building’s main roofing trusses.
CORNICE - refers to an ornamental molding around the wall of a room close to the ceiling;
ENTABLATURE - refers to the uppermost part of a columnar system.
SECTION 3. AMENDMENT. Section 3(b) paragraph VI of Municipal Ordinance No. 97 is hereby

rescinded. Hence mezzanine and attic shall be permitted provided that the following guidelines are
observed:
Only buildings up to the second floors shall be permitted to construct attics.
Mezzanines shall be permitted in any floor provided that the total height of the building is not more than
fourteen (14) meters and in no case more than three (3) stories as provided by an appropriate municipal
ordinance. Provided further that said mezzanine shall be an open and no rooms, for whatever purpose, are
constructed.
SECTION 4. – REPEALING CLAUSE. All ordinances, rules and regulations, or parts thereof,
provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby
publication.
(APPROVED. RESOLUTION NO. 06-028, dtd. 1-11-06)
c) MUNICIPAL ORDINANCE NO. 98-118; “AN ORDINANCE REGULATING THE ISSUANCE OF

LOCATIONAL OR ZONING CLEARANCE AND THE IMPOSITION OF ZONING FEE IN THE ISSUANCE OF
THE SAME.”
Be it ordained by the Sangguniang Bayan of Malay, that:
SECTION 1. – ADMINISTRATIVE PROVISION. No person, firm, corporation and contractor is allowed

to construct, repair or renovate any kind of building or any structure, temporary or permanent
without securing first Certificate of Zoning Compliance or a Clearance from the Zoning Officer.
SECTION 2. - All person, firms or corporations applying for Certificate of Zoning Compliance shall
be required of a Sangguniang Bayan Endorsement for all kinds of construction they may be built or
constructed.
Page 109
SECTION 3. – ASSESSMENT AND COLLECTION OF FEES. There shall be an assessed and collected fees
and charges for services rendered in connection with the processing and issuance of a Certificate of
Zoning Compliance in accordance with the following rates:
1. ZONING/LOCATIONAL CLEARANCE
A. Residential Structure Single Attached/Detached. The Project Cost of which is:
1) ₱100,000.00 & below ₱100.00 plus ₱10.00 (legal research fee)
2) Over P100,000.00 ₱100.00 plus 1/10 of 1% of cost in excess of P100,000.00
B. Apartments:
1) Project cost of ₱500,000.00 & below ₱500.00 plus P10.00
2) Project cost over ₱500,000.00 ₱500.00 plus 1/10 of 1% of cost in excess of

₱500,000.00 regardless of the no. of doors.
C. Dormitories:
1) Project cost of ₱500,000.00 & below ₱500.00 plus ₱10.00
2) Project cost over ₱500,000.00 ₱500.00 plus 1/10 of 1% of cost in excess of

₱500,000.00 regardless of the no. of rooms.
D. Institutional. The Project Cost of which is:
1) ₱100,000.00 & below ₱400.00 plus ₱10.00
2) Over P100,000.00 ₱400.00 plus 1/10 of 1% of cost in excess of

₱100,000.00
E. Commercial, industrial, Agro-Industrial. The Project Cost of which is:
1) ₱100,000.00 & below ₱1,000.00 plus P10.00
2) Over P100,000.00 ₱1,000.00 plus 1/10 of 1% cost in excess of

₱100,000.00
F. Special Uses/Special Project Cost of which is:
1) ₱100,000.00 & below ₱1,000.00 plus ₱10.00
2) Over ₱100,000.00 ₱1,000.00 plus 1/10 of 1% of cost in excess of

₱100,000.00
G. Alternation/Expansion. Same as original application (Affected areas/cost of expansion only)
SECTION 4. – TIME OF PAYMENT. Fees and charges referred to in this Ordinance shall be paid to
the Municipal Treasurer before the issuance of Certificate of Zoning Compliance.
SECTION 5. – ACCRUAL OF PAYMENT. Zoning Fees shall accrue entirely to this Municipality.
SECTION 6. – PENALTY. Any person, firms, corporations and contractors who violates any
provision of this Ordinance shall be fined of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and
order to correct the defect or violation. If after fifteen (15) days, due Notice has been served, the defect of
the structure is not yet corrected, the whole building or structure shall be demolished at the expense of
the owner.
SECTION 7. – This Ordinance shall take effect upon approval and proper publication.

Page 110
c.1 MUNICIPAL ORDINANCE NO. 172, S. 2002; “AN ORDINANCE AMENDING SECTION 6
(PENALTY CLAUSE) OF MUNICIPAL ORDINANCE NO. 98-118 REGULATING THE ISSUANCE
OF LOCATIONAL OR ZONING CLEARANCE AND THE IMPOSITION OF ZONING FEE IN THE
ISSUANCE OF THE SAME.”
SECTION 1. – AMENDMENT. Section 6 of Municipal Ordinance No. 98-118 shall read as follows:
“Any person, natural or juridical, who causes the construction of any building or structure without securing
the Certificate of Zoning Compliance shall be fined TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00).
Concerned Zoning Administrator/Officer shall issue a work stoppage order for the afore-mentioned
construction to take effect within twenty four (24) hours upon receipt of such notice. Should the
respondent disregard the said notice and continue to undertake the construction, a second or third and final
notice, as the case may be, shall be issued and a fine of TWO THOUSAND FIVE HUNDRED PESOS ( 2,500.00)
per issuance shall be imposed against the defiant respondent. The third and final notice shall be executed
by the Municipal Zoning Officer under the direct supervision of the Municipal Chief Executive with the
assistance of the Philippine National Police and other peace officers.
Under this Ordinance, the contractor, foreman and/or the Civil/Supervising Engineer of the
Building or structure shall likewise be fined TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) for
every notice of work stoppage issued against the defiant respondent.
All fines stated herein shall be paid within fifteen (15) days upon receipt of notice, failure to pay
such within the prescribed period shall incur a twenty percent (20%) surcharge on the total fine
imposed.
Failure of the respondent to secure the required Certificate of Zoning Compliance after the first
notice, a surcharge of One Hundred Percent (100%) of the Zoning Fee shall be imposed against the said
defiant respondent.
SECTION 2. – Effectivity. This Ordinance shall take effect upon approval and publication.
d) MUNICIPAL ORDINANCE NO. 99-120; “AN ORDINANCE REGULATING THE CONSTRUCTION

AND/OR INSTALLATION OF TRANSMITTER AND TRANSCEIVER TOWERS OR ANTENNAS OF
TELECOMMUNICATION COMPANIES AND RADIO AND TELEVISION STATIONS.”
Be it ordained by the Sangguniang Bayan of Malay that:
SECTION 1. – OBJECTIVE.
(a) To establish and designate a specific area in Boracay Island where transmitter and transceiver
towers of antennas of telecommunication companies radio and television companies or stations that
may be permitted to operate in the Island in the future should be constructed and/or installed in
order to prohibit the sprouting of these transmitters and transceivers all over the Island destroying
its natural skyline and posing a rink to air travelers and air recreational activities;
(b) To prescribe the maximum height and uniform colors of paints for these towers and/or antennas so
that they will blend with its surrounding vegetation and terrain.
SECTION 2. – The mountain of Barangay Balabag proper going to Sitios Bolabog and Lapus-lapus
is hereby designated as the only area in the Island of Boracay where telecommunication transmitters and
transceivers may be constructed and/or installed.
SECTION 3. - The maximum height of the transmitter and/transceiver towers and antennas
shall not be more than thirty (30) meters from the highest point or peak of the area designated in
Section 2 hereof.
SECTION 4. - All telecommunication transmitter and transceiver towers that are already existing
and those that may be constructed and/or installed in this designated area in the future shall be painted
with green and white.
SECTION 5. - All transmitter and transceiver towers already existing shall comply with the
requirements of Section 4 hereof within one (1) year from the approval of this Ordinance.
Page 111
SECTION 6. – A fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or imprisonment of

not more than six (6) months or both fine and imprisonment at the discretion of the court shall be
imposed upon any violator of any of the provisions of this Ordinance. If the violator is a juridical person,
the penalty shall be imposed upon the president, general manager or other guilty officer or officers of
said juridical entity. In addition, the permit for the operation of the said telecommunication, radio and
television companies in the Island of Boracay shall be revoked and/or suspended by the Municipal
Government until the violators shall have complied with the provisions of this Ordinance
SECTION 7. – This Ordinance shall take effect upon its approval.
APPROVED. JANUARY 14,1999.
e) MUNICIPAL ORDINANCE NO. 2000-129; “AN ORDINANCE REGULATING THE ISSUANCE OF

BUILDING PERMIT AND OCCUPANCY PERMIT AND THE IMPOSITION OF BUILDING PERMIT AND
OCCUPANCY PERMIT FEE IN THE ISSUANCE OF THE SAME.
Be it ordained by the Sangguniang Bayan of Malay, Aklan, that;
SECTION 1. - ADMINISTRATIVE PROVISION. No person, firm, corporation and contractor is allowed

to construct, repair or renovate any kind of building or any structure, temporary or permanent without
securing first Building Permit from the office of the Municipal Engineer.
SECTION 2. - All persons, firms or corporations applying for Building and Occupancy Permit shall
be required of a Sangguniang Bayan endorsement for all kinds of construction they maybe built,
constructed or occupy. (Section 2 of Zoning Ordinance).
SECTION 3. - All persons, firms or corporations issued a Building Permit shall be required to
secure an Occupancy Permit first from the Municipal Engineer’s Office before occupying their
structure/building.
SECTION 4. – ASSESSMENT AND COLLECTION OF FEES. There shall be an assessed and collected fees
and charges for services rendered in connection with the processing and issuance of a Building Permit
and Occupancy Permit in accordance with the following rates;
1. PAYMENT SCHEDULE FOR BUILDING PERMIT
(1) Excavation for Foundation and Basement . . . . . . . . . . . . . . . . . . . . . . . ₱ 5.00/cu.m.
(2) Payment of Residential Building:
a. Above 20 sq.m. up to 50 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00/sq.m.

b. Above 50 sq.m. up to 100 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00
c. Above 100 sq.m. up to 150 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
d. Above 150 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.00
(3) Payment of Commercial Building:
a. Up to 5,000 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.60/sq.m.

b. Above 5,000 sq.m. up to 6,000 sq.m. . . . . . . . . . . . . . . . . . . . . . . . 8.80
(4) Payment of Institutional, Social and Educational Building:
a. Up to 5,000 sq. m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00/sq.m.

b. Above 5,000 sq.m. up to 6,000 sq. m. . . . . . . . . . . . . . . . . . . . . . . . . 7.50
(5) Payment of Agricultural Building (includes greenhouses,

granaries, barns and poultry houses, piggeries and others:
a) Up to 20 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exempted
b. Above 20 sq.m. up to 500 sq. m. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
c. Above 500 sq.m. up to 1,000 sq.m. . . . . . . . . . . . . . . . . . . . . . . . . 1.50
Page 112
(6) Payment of Footing or Foundation of Buildings/Structures:
Per sq. m. or fraction thereof of footing . . . . . . . . . . . . . . . . . . . . . . . 200.00
(7) Payment of Building with a Height of more than 8.00 meters

shall be charged an additional fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.20/cu.m.
(8) Repairs on Building of Structures:
a. Repair costing up to ₱5,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exempted

b. Repair costing more than ₱5,000 shall be charge 1% of the
Estimated Cost of repair.
(9) Construction of Tombs and canopies, mausoleums and niches

in Cemeteries and memorial parks:
a. Plain tombs, cenotaphs or monuments without backdrop wall,

canopy or roofing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exempted
b. Canopied tomb, whether partially or totally roofed

over per sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
c. Semi-enclose mausoleums whether canopied or not . . . . . . . . 4.00
d. Totally enclose mausoleums, per sq.m. . . . . . . . . . . . . . . . . . . . . . . . 8.00
(10) Fencing Permit Fee:
a. Fences up to 1.80 meters in height, made of materials other

than those mentioned above per l.m. . . . . . . . . . . . . . . . . . . . . . . . 5.00
b. Fences in excess of 1.80 meters in height made of materials

other than those mentioned above . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
(11) Demolition Fee/Moving of Buildings/Structures:
a. Demolition Fee: Area involved per sq.m. . . . . . . . . . . . . . . . . . . . 4.00
b. Moving Fee : Area of building/structure to be moved per

sq.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00
(12) Construction Fee Erection of Towers:
a. Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exempted
b. Commercial/Industrial:
elf Supporting Trilon
1. Up to 10 meters in height . . . . . . . . . ₱ 2,000.00 ₱ 200.00
2. Every meter or fraction

thereof in excess of 10 m. . . . . . . . . . 100.00 10.00
(13) Construction of Steel Tanks for Commercial/Industrial Use:
a. Up to 10 cu.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00
b. Every cu.m. or fraction thereof in excess of

10 cu.m. to 100 cu.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00
c. in excess of 100 cu.m. – 1,000 cu.m.. . . . . . . . . . . . . . . . . . . . . . . . 16.00
(14) Steel Tank Underground:
a. Up to 20 cu.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00
b. Every cu.m. or fraction thereof in excess of 20 cu.m. . . . . . . . . . . 20.00

Page 113
(15) Sanitary/Plumbing Permit Fees:
a. One unit, composed of one water closet, two floor drains,

one lavatory, two faucets and one shower head . . . . . . . . . . . . . . 30.00/unit
(16) Sign Permit Fees:
a. Up to 4.00 sq. m. of Signboard area . . . . . . . . . . . . . . . . . . . . . . . . 200.00
b. Every sq. m. or fraction thereof in excess of 4 sq.m. . . . . . . . . . . . 20.00
2. FOR OCCUPANCY PERMIT
(a) Buildings costing up to ₱50,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ₱ 200.00

(b) Buildings costing more than ₱50,000.00 to ₱100,000.00 . . . . . . . . . . . . . 400.00
(c) Buildings costing more than ₱100,000.00 up to ₱250,000.00 . . . . . . . . . . 800.00
(d) Buildings costing more than ₱250,000.00 up to ₱499,000.00 . . . . . . . . . . 1,200.00
(e) Buildings costing more than ₱500,000.00 but less than ₱1,000.00. . . . . . 1,600.00
(f) Buildings Costing more than ₱1,600,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . 0.10% Cost of Building
SECTION 5. - TIME OF PAYMENT. Fees and charges referred to in this Ordinance shall be paid to
the Municipal Treasurer before the issuance of Building Permit and Occupancy Permit.
SECTION 6. - ACCRUAL OF PAYMENT. Building Permit Fees and Occupancy Permit Fees shall
accrue entirely to this Municipality.
SECTION 7. - PENALTY. Any person, firms, corporations and contractors who violates any
provision of this Ordinance shall be fined of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and
order to correct the defect or violation. If after fifteen (15) days, due Notice has been served, the defect of
the structure is not yet corrected, the whole building or structure shall be demolished at the expense of
the owner and or imprisonment of not more than thirty (30) days or both upon the discretion of the
court.
SECTION 8. - This Ordinance shall take effect upon approval.
(APPROVED: SP RESOLUTION NO. 2000-294)
e.1 MUNICIPAL ORDINANCE NO. 171, S. 2002; “AN ORDINANCE AMENDING SECTION 7
(PENALTY CLAUSE) OF MUNICIPAL ORDINANCE NO. 2000-129 REGULATING THE
ISSUANCE OF BUILDING PERMIT AND THE IMPOSITION OF BUILDING AND OCCUPANCY
PERMIT FEES IN THE ISSUANCE OF THE SAME.”
SECTION 1. - AMENDMENT. Section 7 of Municipal Ordinance No. 2000-129 shall read as follows:
A) BUILDING PERMIT
The owner of the building or structure who causes the construction of the same, without the
required Building Permit shall be fined TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00).
Concerned Municipal Building Official shall issue a work stoppage order for the aforementioned
construction to take effect with twenty four hours (24) from receipt of such notice. Should the
owner or contractor disregard the said notice and continue to undertake the works, a second or
third and last notice, as the case may be, shall be issued and a fine of TWO THOUSAND FIVE
HUNDRED PESOS (₱2,500.00) per issuance shall be imposed against the defiant owner. The third
and final notice shall be executed immediately by the Municipal Building Officials under the direct
supervision of the Municipal Chief Executive with the assistance of the Philippine National Police
and other peace officers.
Under this Ordinance, the contractor, foreman and/or the Civil/Supervising Engineer who
undertake the construction of the building or structure shall likewise be fined TWO THOUSAND
FIVE HUNDRED PESOS (₱2,500.00) for every notice of work stoppage issued against the defiant
owner.
Page 114
All fines stated above shall be paid within fifteen (15) days upon receipt of notice, failure to
pay such within the prescribed period shall incur twenty percent (20%) surcharge on the total fine
imposed.
Failure of the owner to secure the required Building Permit after the first notice, a surcharge
of One Hundred Percent (100%) of the Building Permit Fee shall be imposed against the said owner.
B) OCCUPANCY PERMIT/CERTIFICATE
The owner of the building or structure who occupies or causes others to occupy the same
without the required occupancy permit or certificate shall be fined TWO THOUSAND FIVE
HUNDRED PESOS (₱2,500.00). The concerned owner shall secure the said Occupancy
Permit/Certificate from the appropriate Municipal Building Official within the period indicated in
the Notice of Violation. Failure to secure the same within the prescribed period, a surcharge of One
Hundred Percent (100%) of the Occupancy Permit Fee shall be imposed against the said owner
without prejudice to the other penalties or order issued by the appropriate municipal agencies.
SECTION 2. – EFFECTIVITY. This Ordinance shall take effect upon approval and publication.
f) MUNICIPAL ORDINANCE NO. 170, S. 2002; “AN ORDINANCE PRESCRIBING LIMITS ON FENCING
AND LANDSCAPING AT BORACAY ISLAND AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF.”
SECTION 1. – DEFINITION OF TERMS. The following terms or phrases, as used in this Ordinance,
shall mean:
NO BUILD ZONE – pertains to restricted areas twenty-five (25) meters from the mean high water mark
moving inward from the beach line where construction of structures of any nature is strictly prohibited.
MAIN ROAD – pertains to the primary road connecting all the barangays of Boracay and serving as the
main thoroughfare in the island where all vehicles of whatever nature are permitted to traverse.
FENCES SETBACK – pertains to the prescribed distances as provided by Section 21, Article VI, Municipal
Ordinance No. 2000-130 (The Zoning Ordinance) upon which fences may be constructed or built.
ACCESS ROAD – pertains to secondary roads connecting two or more main roads or the main road and the
path road basically used by pedestrians or by small and light vehicles.
PATH ROAD – pertains to the pedestrian walkway located along the beachfront where vehicles of whatever
nature are prohibited to traverse.
SECTION 2. FENCES ALONG THE BEACHFRONT. Only fences made of wood or other indigenous
materials or shrubs and hedges shall be allowed along the beachfront areas, the height of which shall not
exceed 1.5 feet from the established grade and in no case within the twenty five (25) meters no build
zone area and must be white color painted. This enclosure must provide enough passageway for
pedestrian from the path road to the beach and vice-versa.
SECTION 3. FENCES ALONG THE MAIN ROAD. Total concrete fences fronting the main road may be
permitted provided it shall not exceed the height limit of 1.2 meters from the established grade. Fencing
in excess of the prescribed height limit may likewise be permitted provided it shall be an open fence
using materials such as hog mesh wire, grills, concrete balusters and other related materials not
destructive to the aesthetic view of the surroundings.
SECTION 4. FENCES. OTHER AREAS. Total concrete fences in areas not fronting the main road may
be permitted provided the height of which shall not exceed 1.8 meters. Fencing in excess of the
prescribed height limit may likewise be permitted provided it shall be an open fencing as provided by the
preceding section.
Page 115
SECTION 5. – SETBACK. FENCES. Construction of fences shall comply with the setback
requirements provided by Section 21, Article VI, Municipal Ordinance No. 2000-130, the Municipal
Zoning Ordinance.
SECTION 6. FENCING PERMIT. Fences provided by Sections 3, 4 and 7 (f) shall require a fencing
permit granted by the Municipal Engineering Office.
SECTION 7. LANDSCAPING. The following landscaping provisions shall be strictly observed:
a) Preservation of trees and other species of plants in the Island is mandatory, except if it is hazardous
to life and property.
b) Trimming of trees are allowed but cutting is strictly prohibited.
c) Any geological features and landscape assets of the site such as trees, rock outcrop, natural terrain
and general landscape character shall be preserved and enhanced.
d) Identification of landscaping plant materials shall be part of the site development plan submitted to
the Zoning Administrator/Official for approval before start of any construction/development
activities.
e) After construction is completed, all exposed areas in the site shall be planted with appropriate
groundcover and plant materials, which shall be of non-thorny varieties.
f) Temporary fence for plant protection shall be allowed made of light materials and should not be
more than 1.5 meters.
SECTION 8. PENALTIES. Owners of properties or developments who violate any provision of this
ordinance shall suffer a penalty of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and, after due
notice, demolition of the violative structure at the owner’s expense.
SECTION 9. REPEALING CLAUSE. Any ordinance inconsistent herewith is hereby repealed or

modified.
SECTION 10. EFFECTIVITY. This ordinance shall take effect upon approval and proper
publication.
f.1 MUNICIPAL ORDINANCE NO. 228, s. 2005, “AN ORDINANCE AMENDING MUNICIPAL
ORDINANCE NO. 170, SERIES OF 2002, AN ORDINANCE PRESCRIBING LIMITS ON
FENCING AND LANDSCAPING AT BORACAY ISLAND AND PRESCRIBING PENALTIES FOR
VIOLATION THEREOF.
SECTION 1. – AMENDMENT. SECTION 3. Section 3 of Municipal Ordinance No. 170, series of 2002 is
“Section 3. – Fences Along the Main Road. Total concrete fences fronting the main
road may be permitted provided it shall not exceed the height limit of 1.2 meters from the
established grade. Fencing in excess of the prescribed height limit may likewise be permitted
provided it shall be an open fence using materials such as hog mesh wire, grills, concrete
balusters and other related materials not destructive to the aesthetic view of the surroundings
and in no case total height shall exceed two (2) meters from the established grade. .
SECTION 2. – AMENDMENT. SECTION 4. - FENCES. OTHER AREAS. Total concrete fences in areas not
fronting the main road may be permitted provided the height of which shall not exceed 1.8 meters.
Fencing in excess of the prescribed height limit may likewise be permitted provided it conforms with the
provisions of the preceding section on open fencing and maximum height limit.
SECTION 3. EFFECTIVITY. This ordinance shall take effect upon its approval.
Page 116
ENACTED. JULY 7, 2005
(APPROVED. SP RESOLUTION NO. 05-401, dtd. 10-12-05
g) MUNICIPAL ORDINANCE NO. 206, S. 2004; “AN ORDINANCE REQUIRING ALL APPLICANTS OF
BUSINESS, BUILDING/HOUSE OCCUPANCY AND ELECTRICAL PERMITS/LICENSES TO SECURE FIRE
INSPECTION CERTIFICATE FROM THE MUNICIPAL ENGINEERING OFFICE AND PAYMENT OF
CORRESPONDING FEES AS PRE-REQUISITES FOR THE ISSUANCE THEREOF.
SECTION 1. – RATIONALE. Loss of life and property is a devastating experience to anybody much
more if the cause of such loss could have been avoided by proper acts of legislation, monitoring and
related preventive measures. It is in this regard that this Sangguniang Bayan finds it imperative to
promulgate this piece of legislation addressing one of the preventable calamities that may undermine the
social and economic gains achieved by our society, individually or collectively.
SECTION 2. – APPLICABILITY. The provisions of this ordinance shall apply to all persons, personal
or juridical, and all private and public buildings, facilities or structures erected or constructed before and
after its promulgation and effectivity.
SECTION 3. – ENFORCEMENT OF THIS ORDINANCE. The Municipal Engineer’s Office/Office of the Building
Official under the direct supervision and control of the Local Chief Executive shall be responsible for the
enforcement of this ordinance.
SECTION 4. – FIRE INSPECTION CERTIFICATE. It shall be mandatory for all applicants of business,
building/house occupancy and electrical permits/license to secure first a fire inspection certificate from
the Municipal Engineering’s Office before such permit or license be issued thereto.
SECTION 5. – FIRE INSPECTION FEE. A fire inspection fee shall be charged to all applicants of all
business, building/house occupancy and electrical permits/license in the amount equivalent to Ten
Percent (10%) of the total fees charged by LGU-Malay in the application of such business, building/house
occupancy and electrical permit or license.
SECTION 6. – PENALTY. Any establishment, person, juridical or natural, found violating any
provision of this ordinance shall be meted out an Administrative Fine of not lower than ONE THOUSAND
PESOS (₱1,000.00) and not higher than TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)or
automatic cancellation, renovation or temporary suspension of Mayor’s Permit to operate or non-
issuance of the same, as the case may be.
SECTION 8. – Effectivity. This ordinance shall take effect upon its approval and proper
publication.
h) MUNICIPAL ORDINANCE NO. 337, S. 2014; AN ORDINANCE ENACTING THE REVISED ZONING
ORDINANCE OF THE MUNICIPALITY OF MALAY, AKLAN.
ENACTED. FEBRUARY 18, 2014 APPROVED: OCTOBER 7, 2014
(APPROVED. SP RESOLUTION NO. 226, S. 2015, dtd. 8-19-15
(SEPARATE COPY)
Page 117
i) MUNICIPAL ORDINANCE NO. 339, S. 2014; AN ORDINANCE PROHIBITING THE CONSTRUCTION OF

BASEMENTS IN ALL BUILDINGS AND OTHER STRUCTURES IN THE ISLAND OF BORACAY.
Be it ordained by the Sangguniang Bayan in session duly assembled, that:
SECTION 1. DECLARATION OF POLICY. It is the policy of the State that it shall protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature. The Municipality of Malay, a fervent advocate in the preservation of Mother Nature and fully
aware of the fragile nature of the Island of Boracay, seeks to preserve the Island’s ecology and maintain
its serene environment by regulating the construction of buildings and other structures in Boracay, in
particular, the prohibition of constructing basements under any building or structure.
SECTION 2. DEFINITION OF TERMS. For purposes of this Ordinance, the following terms shall mean:
a) BASEMENT – a portion of a building between floor and ceiling which is partly below and partly above
grade but so located that the vertical distance from the grade to the floor is less than the vertical
distance from grade to ceiling.
SECTION 3. PROHIBITION. It is hereby prohibited to build, construct, or introduce a basement,

cellar, underground room, subterranean vault or any other under floor space in the construction of
buildings and other structures in Boracay Island.
SECTION 4. PENALTY. Any person, natural or juridical, found violating this Ordinance shall suffer a
fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00), or imprisonment of not less than three
(3) months nor more than six (6) months, or both.
Whenever applicable, the business permit of the violator shall be suspended or revoked until
such time compliance with this Ordinance has been effected.
In all cases, the subject basement may be demolished upon lawful order of the courts.
SECTION 5. COMPLEMENTARY PROVISION. This Ordinance shall be suppletory in character to

Municipal Ordinance No. 131, Series of 2000 as amended.
SECTION 6. SEPARABILITY CLAUSE. If for any reason or reasons, any part, provision, or section of
this ordinance shall be declared as unconstitutional or invalid by a court of competent jurisdiction, other
parts or provisions thereof not affected shall continue to be in full force and effect.
SECTION 7. REPEALING CLAUSE. All previous ordinances, issuances, rules and regulations or parts
thereof which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed or
SECTION 9. EFFECTIVITY. This ordinance shall take effect upon approval and proper publication in
a newspaper of general circulation.

Page 118
OTHER REGULATORY ORDINANCES
a) MUNICIPAL ORDINANCE NO. 74, S. 1994; “AN ORDINANCE REGULATING THE CUTTING, FELLING,
DESTRUCTION OR OTHERWISE DELIBERATELY KILLING OF COCONUT TREES, AS WELL AS THE
PROCESSING OR CONVERSION THEREOF INTO LUMBER, LOGS, OR ANY END OR USER PRODUCT,
INCLUDING ITS SALES, TRANSPORTATION, TRANSSHIPMENT, OR TRANSFER WITHIN AND IN EXIT
FROM THE PROVINCE OF AKLAN.”
WHEREAS, the Sangguniang Bayan is empowered to enact ordinances aims to protect the
inhabitants of the Municipality from the harmful effect of man-made disasters and calamities under
paragraph (1)-(iv) and to protect the environment and impose appropriate penalties for acts which
endanger the environment under paragraph (1)-(vi), both of Section 468 of Republic Act No. 7160,
otherwise known as the “Local Government Code of 1991’;
WHEREAS, the attention of this body has been called to the alarming rate of cutting, felling, and
other forms of destruction of coconut trees for use as lumber or wood substitute;
WHEREAS, this body is of unanimous view that the continued and indiscriminate cutting, felling
or destruction of coconut trees, will not only adversely affect the economy of the province as a primary
coconut producing area but may cause havoc to the environment and ecology being among the most
abundant of trees in this jurisdiction and consequently may result in man-made disasters or calamities
such as floods, massive erosion, and dislocation of existing water ways;
N O W, T H E R E F O R E
BE IT ORDAINED as it is hereby ordained, to prohibit all cutting, felling, destruction, or

otherwise deliberately killing of coconut trees as well as their processing or conversion into lumber, logs,
or any end or user product, including the sale, transportation, transshipment, or transfer thereof within
and in
exit from the province of Aklan, without a Mayor’s Permit duly issued for the purpose by the municipal of
the Municipality from where the tree has been cut, felled, destroyed or killed subject to conditions herein
after provided:
SECTION 1. – When cutting, felling, and/or destruction of coconut trees may be allowed. Under
no circumstances shall a Mayor’s Permit for the cutting, felling, destruction or killing of coconut trees be
issued unless it has been determined:
1) The coconut trees are senile. For the purpose of this ordinance, a coconut tree is deemed senile if it
is more than 60 years old as determined by a duly authorized representative of the Philippine
Coconut Authority (PCA);
2) It has become unproductive or its productive capacity has fallen to less than 50% of the average
yield of other coconut trees in the area;
3) The coconut trees that has been damaged by lightning, typhoons, droughts, or other such natural
calamities, or by pests, insects, and plant diseases, as long as the damaged was caused without the
intervention of man;
4) The coconut trees need to be cut by reason of some government or public service project such as
right of way for roads, power and communication lines, canals, water systems, and the like as well as
for school buildings, barangay centers, multi-purpose pavements, and such similar constructions;
5) The coconut trees need to be cut in order to give way to private buildings, construction or
improvements on the real property, or in order to convert the premises to use other than
agricultural, provided that such buildings, constructions, or improvements are installed and the
conversion effected within one (1) year of the cutting, otherwise, a permit issued for this reason
shall be considered to have been obtained through fraud or misrepresentation and shall be deemed
a transgression of this ordinance;
6) The trees are to be cut to give way to replanting or replacement with at least a similar number of
coconut trees, provided that a written undertaking to pursue such a project six (6) months from the
cutting, be executed by the land owner, duly subscribed and sworn to before a person authorized to
administer oaths and failure to replace the coconut trees within the time provided shall be
considered a violation of this ordinance;
7) The coconut trees pose a danger to persons or property by an evident possibility to toppling over
from strong winds, erosion or water, earthquakes, landslides and such like causes without the
intervention or man;
Page 119
SECTION 2. – REQUIREMENTS FOR THE ISSUANCE OF A MAYOR’S PERMIT. The Mayor’s Permit as
required by this ordinance shall be issued only upon submission of certain requirements as follows:
1) For the cutting, felling, destruction or deliberate killing of coconut trees the applicant shall submit-
a) A copy of the Tax Declaration of the real property from where the tree is to be cut, felled,
destroyed or otherwise killed;
b) A certification from the Barangay Captain of barangay where the trees are located or from a duly
authorized representative of the Philippine Coconut Authority (PCA) that the tree is to be cut,
felled, destroyed or killed in accordance with the provisions of Section 1 hereof stating the
particular circumstance (Pars. 1 to 6) under which the tree/s is/are to be cut, felled or
destroyed;
c) In the case of senile trees (par. I, Sec. 1), a certification from the duly authorized representative
of the Philippine Coconut Authority of the condition of the tree or trees;
d) In the case of replanting or replacement, the written undertaking as required under Par. 5, Sec. 1
hereof;
2) For the processing or conversion into lumber, logs or any end or user product and the sale,
transportation, transshipment, transfer of the coconut trees, the applicant must submit the Mayor’s
Permit for the cutting of every tree or the collective parts thereof, subject to the application.
SECTION 3. – PENALTY CLAUSE. In accordance with Par. (i)-(iv) of Section 468 of Republic Act No.
7160 (The Local Government Code of 1991), any violation of this ordinance shall be punishable by a fine
of not less than FIVE HUNDRED PESOS (₱500.00) and not more than FIVE THOUSAND PESOS (₱5,000.00)
or imprisonment of not less than five (5) days but not more than thirty (30) days, or both, the penalty
depending on the number or volume of the trees cut, felled, destroyed, killed, processed, converted, sold,
transported or transferred, and the recidivism of the offender, at the discretion of the court.
SECTION 4. – EFFECTIVITY. This ordinance shall take effect upon the publication thereof once a
week for three (3) consecutive weeks in at least three (3) newspapers of general circulation within the
Province of Aklan.
SECTION 5. – APPROPRIATION. The Sangguniang Bayan of Malay, by another ordinance, shall

appropriate such funds as may be necessary for the publication and proper implementation of this
ordinance, including the widest dissemination of the information relative thereto, in all possible media
outlets in the province.
WHEREFORE, upon motion of Hon. Frolibar S. Bautista, duly seconded by all the members of this
body, the Sangguniang Bayan of Malay, Aklan, in session assembled, hereby pass and adopt this ordinance
this 19th day of September 1994 at Malay, Aklan, Philippines.
b) MUNICIPAL ORDINANCE NO. 2000–125; “AN ORDINANCE PROHIBITING WILDLIFE HUNTING IN

BORACAY ISLAND AND THE ENTIRE MUNICIPALITY OF MALAY, AKLAN.”
DEFINITIONS: “WILDLIFE “ as defined in this ordinance include wild species of animals commonly found
in some forested places in Boracay which according to old folks are natives in the area. This includes
birds like parrots, eagle cahaw, etc: cats, fox, pigs, chickens, crocodiles/alligators, lizards, monkeys,
terrestrial crustaceans, commonly found in some areas in the island and the entire Municipality;
WHEREAS, there is a need to preserve our wildlife species like birds, cats, monkeys, lizards and
others in our tourist village in Boracay and the mainland as they are considered tourists attractions and
form part of the preservation and protection of the environment;
WHEREAS, these wildlife species are vanishing in our forest as a result of careless hunter’s joy
for hunting and in order to save these endangered wildlife species in our area, the Sangguniang Bayan of
Malay, Aklan in session assembled hereby ordained that;
SECTION 1. – PROHIBITING ACTS. Wildlife hunting in Boracay Island and the entire Municipality is
strictly prohibited.
SECTION 2. – Only authorized persons, with permits from the local government of Malay will be
allowed to catch or collect these species for study and preservation purposes.
Page 120
SECTION 3. – PENALTY. Unauthorized persons caught hunting or selling these species will be
penalized TWO HUNDRED PESOS (₱200.00) for each animal caught aside from the confiscation of the
whole catch.
SECTION 4. – SUPPLEMENTARY CLAUSE. This ordinance supplements other basic laws on the
protection and preservation of our wildlife species.
SECTION 5. – EFFECTIVITY. This ordinance shall take effect after proper publication and
dissemination has been conducted in Boracay and the entire Municipality.
ADDENDUM:
SECTION 6. – COVERAGE. This ordinance is extended to the entire Municipality of Malay, Aklan.
Also, the title of this ordinance is hereby modified to include the entire Municipality. Other sections and
provisions remain unaltered in force and effect.
c) MUNICIPAL ORDINANCE NO. 2001-138, AN ORDINANCE REGULATING THE TRANSPORT OF ALL

AGRICULTURAL PRODUCTS AND BY-PRODUCTS TO AND FROM THE MUNICIPALITY OF MALAY
AND IMPOSING INSPECTION FEE THEREOF.
SECTION 1. – AUTHORITY AND PURPOSE. Every Local Government Unit shall exercise the powers
expressly granted for efficient and effective governance and those that are essential to the promotion of
the general welfare of the public.
SECTION 2. – COVERAGE. All shippers, traders, suppliers or any individual transporting or selling
agricultural products and by-products are hereby ordained to follow the above-stated ordinance.
AGRICULTURAL PRODUCTS – crops, ornamental plants, vegetables, fruits, high-valued crops, domesticated
large and small ruminants, fowls, swine, marine and inland fishes (dried or fresh), shells, mollusks,
seaweeds and crustaceans.
BY-PRODUCTS – processed meat and meat by-products, processed fish and fish by-products, processed
plants and plants by-products.
SECTION 4. – INSTITUTIONAL MECHANISM.
(a) CREATION OF INSPECTION TEAM. An Inspection Team shall be created task to conduct inspection of all
agricultural products and by-products.
COMPOSITION:
(1) Meat Inspector

(2) Revenue Collection Clerk
(3) Personnel from PNP, Coast Guard, MARICOM, ATO, PPA
(b) DUTIES AND RESPONSIBILITIES. The Inspection Team shall conduct inspection of all agricultural
products and by-products sold and transported to and from the Municipality of Malay. The team
shall see to it that these products are fit for human consumption.
(c) ROLE OF THE MUNICIPALITY. The Municipality shall designate a place in the Jetty Port, Airport, boat
stations and other points of entry and exit, which will serve as an office for the Inspection Team.
They shall be provided of a weighing scale and other equipments and facilities needed in the
performance of their duties. The Municipality shall provide trainings and other relevant activities
and will coordinate and seek assistance from other government agencies for the proper
implementation of this ordinance.
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(d) ROLE OF THE BARANGAY. The Barangay shall provide support services in the implementation of this
ordinance.
(a) Loading and unloading of all goods shall be at Jetty Port, Airport, boat stations, and other points of
entry and exit.
(b) All agricultural products and by-products shall be properly packaged.
(c) The Inspection Team shall require, shippers, traders, suppliers or any individual transporting and
selling agricultural products and by-products to open their containers to check the goods are fit for
human consumption and to exhibit the following documents;
(1) FOR LIVE ANIMALS (LARGE)
1.1 Shipping Permit

1.2 Owner’s Certificate certified by the Barangay Captain
1.3 Police Clearance
1.4 License from the Bureau of Animal Industry for regular shippers, traders, dealers, suppliers.
(2) MEAT AND BY-PRODUCTS
2.1 Shipping Permit

2.2 Slaughterhouse Certificate certified by the Meat Inspector
2.3 Mayor’s Permit
(3) DOGS AND CATS
3.1 Shipping Permit

3.2 Certificate of Vaccination
(4) POULTRY
4.1 Shipping Permit

4.2 License from the Bureau of Animal Industry as handler in case for commercial purposes.
(5) CROPS
5.1 Shipping Permit
(d) Vendors may pay their security deposit as required by Municipal Ordinance No. 2000 - 132 at the
designated offices of the Inspection Team.
SECTION 6. – IMPOSITION OF FEES.
(1) High Valued Vegetables Crops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ᵽ 10.00/kaing
 Cabbage
 Carrots
 Baguio beans
 Other vegetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00/kaing
(2) Fruits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00/kaing
(3) Fish
A) First Class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50/kilo
 Tolingan
 Tangige
 Blue marine
 Talakitok
B) 2nd & 3rd Class Fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25/kilo

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(4) Large animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ᵽ 20.00/head
 cattle
 carabao
 horses
 goats
 sheep
(5) Small animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00/head
 dogs
 cats
 rabbits
 guinea pig
(6) Hogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00/head
(7) Fighting Cocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 10.00/head
(8) Birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 5.00/head
(9) Chicken/poultry products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25/kilo
(10) Pork and beef . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50/kilo
(11) Shrimps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50/kilo
(12) Squid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 0.50/kilo
(13) Alimango . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50/kilo
(14) Lobster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00/kilo
(15) Prawns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50/kilo
(16) Fish in boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00/box
 Galunggong
 Hasa-hasa
 Marot
 Dilis
 Aloy
(17) Animal hides and bones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25/kilo
(18) Processed foods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50/kilo
 Longganisa
 Tocino
 Hotdog
SECTION 7. – PENALTY. Any violation of this ordinance shall be fined of FIVE HUNDRED PESOS
(₱500.00) on first offense, ONE THOUSAND PESOS (₱1,000.00) on second offense and confiscation of
goods, TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) on 3rd offense and confiscation of goods and
an imprisonment of not less than ten (10) days but not more than thirty (30) days depending on the
ENACTED. JUNE 21, 2001

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d) MUNICIPAL ORDINANCE NO. 144, S. 2001; “AN ORDINANCE DECLARING BORACAY ISLAND
AS A NOISE SENSITIVE ZONE AND ADOPTING THE RULES AND REGULATIONS OF THE NATIONAL
POLLUTION CONTROL COMMISSION PERTAINING TO NOISE.”
(SPONSOR: HON. ADRIAN. D. SALAVER)
SECTION 1. – DECLARATION OF PRINCIPLES. It is hereby declared the duty of this Local

Government Unit to protect, preserve and nurture its environment; promote general welfare among its
constituents and to provide necessary measures towards sustainable tourism industry.
That by maintaining peaceful and tranquil environment in Boracay would be beneficial to all
living things that thrive on the Island.
NOW THEREFORE, be it ordained that Boracay Island be declared as a Noise Sensitive Zone and
that this Local Government Unit shall adopt the rules and regulations formulated by the National
Pollution Control Commission in order to maintain such.
SECTION 2. – DEFINITIONS. The following words and phrases when used in this Ordinance, unless
the context clearly indicates otherwise, shall have the following meanings:
(a) “LEVEL “ means the total sound level of all noise as measured with a sound level meter using “A”
weighting network. The unit of measurement is the Decibel “A”.
“WEIGHTING NETWORK” means the frequency response of a sound level meter, the purpose of which is
to provide a means of compensating for variation in the response of the human ear to frequency and
intensity. The “A” network, for example, disregards the low frequency.
(b) “ACTIVITY” means any or combination of sounds.
(c) “AIR COMPRESSOR” means a device, which draws in air or gas, compresses it and delivers it at high
pressure.
(d) “AMBIENT NOISE” means the all-encompassing noise associated with a given environment, being
usually composed of sounds from sources near and far.
(e) “APPARATUS” means any mechanism, which prevent, controls, detects, measures or records the
production of sound.
(f) “CONSTRUCTION” means any or all activity except tunneling, necessary or incidental to the aeration,
demolition, assembling, altering, installing or equipping of buildings, public or private highways,
roads, premises, parks, utility line including such in line grading, excavating and filing.
(g) “CONSTRUCTION DEVICE” means any device designed and intended for use in construction, including,
but not limited to, any air compressor, pile driver, manual tool, bulldozer, pneumatic hammer, steam
shovel, derrick, crane steam or electric hoist.
(h) “CIRCULATION DEVICE” means any device, which circulates a gas or fluid, including, but not limited to,
any air conditioner, pump, cooling water, fan or blower.
(i) “CLAXON” means any manually, mechanically or electrically powered device, other than an emergency
signal device, including but not limited to a motor vehicle horn which is intended to, and when
operated, actually does emit a sound signal.
(j) “PAVING BREAKER” means any powered construction device intended to cut a trench pavement, sub-
base macadam, gravel, concrete or hard ground.
(k) “DECIBELS” is a measure of sound level and is equal to 10 times the logarithm of the square of a
measured Sound Pressure Level (SPL) divided by a reference sound pressure. The sound pressure is
given in microbar, with the reference pressure taken as 0.0002 microbar, which is generally the
minimum the human ear can sense.Decibel “A” (dBA) is the measure of the total sound level when
using the “A” level network.
(l) “DEVICE” means any mechanism, which is intended to produce or which actually produces sound
when operated or handled.
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(m) “DWELLING” means any building or structure occupied in whole or in part either as the temporary or
permanent residence of one or more natural persons.
(n) “MUFFLER” means an apparatus generally consisting of, but not limited to, a series of chambers of
baffles for the purpose of transmitting gases while reducing sound levels.
(o) “NOISE” means an erratic intermittent, or statistically random oscillation, or any unwanted sound.
(p) “SOUND” means an oscillation in pressure, stress particle displacement, particle velocity, etc. in a
medium whose internal forces (e.g. elastic, viscous) of the superposition of such propagated
oscillation, which evokes an auditory sensation.
(q) “SOUND LEVEL METER” means any instrument including a microphone, an amplifier, an output meter,
and frequency weighing networks for the measurement of noise and sound level.
(r) “SOUND PRESSURE LEVEL” (SPL), in decibels means sound level that is 20 times the logarithm to the
base 10, of the ration of the pressure, 2 x 10-4 microbar.
(s) “SOUND REPRODUCTION DEVICE” means any device intended primarily for the production or
reproduction of sound including, but not limited to any musical instrument, radio receiver, television
receiver, tape recorder, phonograph or sound amplifying system.
(t) “SOUND SIGNAL” means any sound produced by a sound signal device to transmit information.
(u) “SOUND SIGNAL DEVICE” means a device designed to produce a sound signal when operated, including,
but not limited to, any claxon, air horn, whistle, bell, gong, siren, but not an emergency signal device.
(v) “EMERGENCY SIGNAL DEVICE” means any gong, siren, whistle, or any air horn or any similar device the
use of which by authorized emergency vehicles, is permitted.
(w) “EMERGENCY” means a public calamity or an exposure of any person or property to imminent danger.
(x) “SOUND SOURCE” means any activity or device as herein defined.
(y) “UNNECESSARY NOISE” means any excessive or unusually loud sound, or any sound, which, either
annoys, disturbs, injures, endangers the comfort, repose, health, peace or safety of a person, or which
causes injury to plant or animal life, or damage to property or business.
SECTION 3. – GENERAL REQUIREMENTS AND RESTRICTIONS. The following shall be the general
requirements and restrictions on noise level:
(a) BEST PRACTICABLE TECHNOLOGY. The best available and practicable technology shall be used to control
noise emissions.
(b) NOISE LEVEL VIOLATIONS. No person shall build, erect, construct, install, or implant any new source, or
operate, modify, or rebuild an existing source, or any by any other means cause or undertake any
activity, which would result in the emission of noise, or which will, as determined by the commission,
result in ambient noise level greater than the ambient standards. Neither shall he emit or cause or
suffer to
be emitted noise – greater in volume, intensity, or quality than the levels prescribed for allowable
noise without first obtaining a Clearance from the Local Government Unit. Any person who shall do
any such activity shall be liable under this Ordinance.
(c) MALFUNCTION REPORTING. In the event of failure or breakdown of any emission source, noise pollution
control equipment or related facility in such a manner as to cause the emission of noise level
violation of this Ordinance, the person in charge of such source, equipment or facility shall notify the
Local Government Unit in writing 24 hours of such failures or breakdown, indicating all pertinent
facts and other relevant information including the estimated duration of breakdown, the steps taken,
if any, to correct the defects, and thereafter to submit a report whether such source equipment or
facility has resumed operation.
SECTION 4. – PROHIBITED ACTS. The following shall constitute as prohibited acts punishable
under this Ordinance.
(a) OPERATION OR SOUND REPRODUCTION DEVICES. No person shall operate or use or cause to operate any
sound reproduction device for any of the following purposes:
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(1) To attract attention to any performance, show, sale, display or merchandise in connection with
any commercial or business enterprise including those engaged in the sale of radios,
television sets, phonographs, tape recorders, phonograph records or tapes, in front or outside of
any business building, place or premises, abutting or on adjacent to a public street, park or place,
or in or upon any vehicle operated, standing or being in or on any public street, park or place
from any stand, platform or other structure, or from any airplane or other device used for flying,
or on boat, or the public for streets, parks or places, except the incidental sound for which a
permit has been issued.
(2) To make noise emanating from the sound reproduction device, while on road or ferry or any
other public conveyance, audible to another person.
(a) To create unnecessary noise, except when the noise is a result of the operation or use of any
claxon or air horn installed in a motor vehicle to signal imminent danger, or of any steam
whistle attached to any stationary boiler to give notice of the time to start and stop work or
to signal imminent danger.
(b) ANIMAL NOISE. No person shall permit an animal or pet, including birds, under his control to cause
unnecessary noise.
(c) CONSTRUCTION AND COMMERCIAL ACTIVITIES. No person shall engage in or permit any person to be
engaged in construction and commercial activities where excessive noise is created, except when
such activities are for the purpose of averting disasters or other emergencies, preventing danger to
human life, safeguarding public safety or protecting national interest and similar incidents.
 Construction of building or establishment inside the resort area shall only be allowed from 8:00
a.m. up to 9:00 p.m. during the high season for tourists; otherwise they may start working any
time. The use of loud noise producing devices such as planers, steel cutters, edgers, sander,
chainsaw and
sawmills are required to enclose their working area so as to reduce the level of noise they
produce. Further they can only be allowed to operate these sets of equipment from 9:00 a.m. up
to 10:00 p.m. Likewise concrete mixers, jackhammers and other heavy equipment shall only be
allowed to operate from 9:00 a.m. to 9:00 p.m.
 Bar and disco houses, which provides loud music for their operations shall be required to
operate within an enclosed area. Otherwise they shall be required to limit their sound within the
context of this Ordinance.
(d) HANDLING CONTAINERS AND CONSTRUCTION MATERIALS. No person shall handle, transport or cause to
handle or transport in any public place, any container or construction material in such a way as to
create unnecessary noise.
(e) EXHAUST NOISE. No person shall cause or permit the discharge into the open air of the exhaust of any
steam engine diesel engine, internal combustion engine, turbine engine or similar device so as to
create in excess of 90 dB measured on acceleration at 10 meters distance.
(f) NOISE EMISSION NEAR SCHOOLS, HOSPITALS, RESORTS OR HOTELS. No person shall cause or permit the
creation of any unnecessary noise through the use of any device on any street adjacent to any
hospital, school, resorts or hotels.
SECTION 5. – AMBIENT NOISE QUALITY STANDARD.
(a) Classification of General Areas. For purposes of establishing ambient noise quality standards, areas
within the Island are classified as follows:
Class A – a section or contiguous area, which requires quietness such as areas within 100 meters
from school sites, nursery schools, hospitals, resort or hotels.
Class B – a section of contiguous area, which is primarily used for residential purposes.
Class C – a section or contiguous area, which is primarily a commercial area.
Class D – a section primarily reserved for light industrial area. (Existing light industrial activities
such as metal craft, welding shops and the likes shall be relocated to areas designated by the zone
plan).
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(b) The maximum allowable noise levels in general areas shall be those as indicated in Table 1.
Environmental Quality Standards for Noise in General Areas:
Category of Area Daytime & Evening Morning Nighttime
A 50 db 45 db 40 db
B 55 db 50 db 45 db
C 60 db 60 db 55 db
D Can only be allowed to operate at daytime only at 70 db
(1) The standards are applied to the arithmetic median of at least seven (7) readings at the point of
maximum noise level.
(2) The division of the 24 hour period shall be as follows:

Morning . . . . . . . . . . . . . . . . . 5:00 a.m. to 9:00 a.m.
Daytime . . . . . . . . . . . . . . . . . 8:00 a.m. to 10:00 p.m.
Evening. . . . . . . . . . . . . . . . . . 6:00 p.m. to 10:00 p.m.
Nighttime . . . . . . . . . . . . . . . . 10:00 p.m. to 5:00 p.m.
SECTION 6. – MEASUREMENT OF NOISE LEVEL.
(a) Noise level, shall be measured by a standard sound level meter, that meets the specifications of the
American National Standards Institute (ANSI) S1.4-1971, or other specifications accepted by the
Local Government Unit. The weighting network with “A” characteristic shall be used for
measurement.
(b) The method of measurement of noise shall be as follows:
(1) The figure indicated by a sound level meter where its indicator shows no fluctuations or any
small fluctuations.
(2) Where the indicator of a sound level meter records periodic or intermittent fluctuations with the
highest peak almost regular, the average of the highest peak for respective fluctuations is
recorded.
(3) Here the indicator of a sound level meter records irregular and big fluctuation, the figure on the
higher end of the 90 percent range of the levels is recorded.
(c) For point of fixed sources of pollution, the noise level shall be measured at the boundary line of the
establishment, or at 30 meters from the boundary of a construction site.
SECTION 7. – PENALTY. Any person found guilty of violating this Ordinance shall be fined with
TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) plus confiscation of such equipment or any noise
producing device or an imprisonment of not less than ten (10) days or both fine at the discretion of the
Court.
(APPROVED SP: RESOLUTION NO. 02-092, dtd. 3-15-02)
d.1 MUNICIPAL ORDINANCE NO. 234, S. 2005, “AN ORDINANCE AMENDING SECTION 5,
PARAGRAPH B(2) OF MUNICIPAL ORDINANCE NO. 144, SERIES OF 2001, AN
ORDINANCE DECLARING BORACAY ISLAND AS A NOISE SENSITIVE ZONE AND ADOPTING
THE RULES AND REGULATIONS OF THE NATIONAL POLLUTION CONTROL COMMISSION
PERTAINING TO NOISE.
SECTION 1. – RATIONALE. Night time schedule, from 10:00 P.M. to 5:00 P.M., as provided by
Section 5, Paragraph b(2) of Municipal Ordinance No. 144, series of 2001, is erroneous, hence this
amendment.
SECTION 2. – AMENDMENT. Section 5, Paragraph b(2) of Municipal Ordinance No. 144, series of
2001 is hereby amended to read as follows:
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“2) The division of the 24 hour period shall be as follows:

Morning - - - - 5:00 a.m. to 9:00 a.m.
Daytime - - - - 8:00 a.m. to 10:00 p.m.
Evening - - - - 6:00 p.m. to 10:00 p.m.
Nighttime- - - - 10:00 p.m. to 5:00 a.m.
SECTION 3. EFFECTIVITY. This Ordinance shall take effect upon its approval.
d.2 MUNICIPAL ORDINANCE NO. 276, S. 2009; AN ORDINANCE AMENDING SECTION 4,

PARAGRAPH C AND SECTION 7 OF MUNICIPAL ORDINANCE NO. 144, SERIES OF 2001,
AN ORDINANCE DECLARING THE MUNICIPALITY OF MALAY AS A NOISE SENSITIVE ZONE
AND ADOPTING RULES AND REGULATIONS OF THE NATIONAL POLLUTION CONTROL
COMMISSION PERTAINING TO NOISE.
SECTION 1. – RATIONALE. Adjustment in the time of working hours, particularly to those who are
using noise producing construction tools, is necessary in order to spare the guests of nearby resorts from
disturbing and irritating noise. Further, penalties of Municipal Ordinance No. 144, must be stipulated
with clarity, hence these amendments.
SECTION 2. – AMENDMENT. SECTION 4, PARAGRAPH C, Municipal Ordinance No. 144, Series of 2001.
Second sentence and subsequent sentences of Section 4, Paragraph c of Municipal Ordinance 144 is
“Construction of building or establishment in Boracay Island inside resort area shall only be allowed from
9:00 a.m. to 9:00 p.m., the whole year round the use of loud noise producing devices such as planers, steel
cutters, edgers, sandlers, chainsaws, and sawmills are required to enclose their working area so as to reduce
the level of noise they produce. Further they can only be allowed to operate these sets of equipment from
9:30 a.m. up to 10:00 p.m. Likewise concrete mixers, jackhammers and other heavy equipment shall only be
allowed to operate from 10:00 a.m. to 8:00 p.m. These aforementioned time limitations shall only apply to all
constructions within one hundred (100) meter radius of operating resort establishment and/or other
related areas.
In Mainland Malay, the use of the same loud noise producing devices, shall be allowable during
the normal and regular working hours.
SECTION 3. AMENDMENT. SECTION 7, Municipal Ordinance 144, series of 2001. Section 7 of

Municipal Ordinance is hereby amended to be read as follows:
“SECTION 7. – Penalty. The following penalties shall be Imposed to any person or establishment found
guilty of violating any provisions this ordinance:
FIRST OFFENSE – Fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and stern warning that
repetition of the same would result to confiscation of subject tools.
SECOND OFFENSE - Fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) and confiscation of such
equipment or any Noise producing devise and sterner warning that repetition of the same
would result to cancellation/revocation of municipal license/Mayor’s Permit.
THIRD & SUBSEQUENT OFFENSE – Cancellation / Revocation of municipal license or Mayor’s Permit plus
fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) plus confiscation of such equipment or any
noise producing devise or an imprisonment of not less than ten (10) days or both fine at the discretion
of court.”

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e) MUNICIPAL ORDINANCE NO. 216, S. 2004, “AN ORDINANCE PROVIDING ADDITIONAL

REGULATORY FEES FOR CORRESPONDING SERVICES RENDERED BY THE MUNICIPAL CIVIL
REGISTRAR’S OFFICE.”
Section 1. – RATIONALE. New transactions with the Municipal Civil Registrar have evolved in
recent hence additional services are rendered by the said office. In years thereof, this ordinance is
promulgated to impose corresponding service fees thereto.
SECTION 2. – NEW SERVICE FEES. The following transactions shall be charged with the
corresponding fees:
a) Legal Documentation Fee . . . . . . . . . . . . . . . . . . . . . . . . ₱ 200.00

b) Research Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00
c) Special Wedding Fees
Beach Wedding . . . . . . . . . . . . . . . . . . . 5,000.00
Wedding in Resorts . . . . . . . . . . . . . . . . . 2,500.00
d) Application for Marriage for Foreigners . . . . . . . . . . . 1,000.00
e) Affidavit Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
f) Penalty for Delayed registration . . . . . . . . . . . . . . . . . . . 250.00 plus ₱5.00 per year delay
SECTION 3. – INTEGRATION WITH THE MUNICIPAL REVENUE CODE. These new transactions and their
corresponding fees, upon passage of this ordinance, shall form part of the Municipal Revenue Code of
Malay.
SECTION 5. – EFFECTIVITY. This ordinance shall take effect immediately upon its approval.
e.1 MUNICIPAL ORDINANCE NO. 261, s. 2008; AN ORDINANCE INCREASING THE MARRIAGE
FEE OF FOREIGNERS FROM ONE THOUSAND PESOS (₱1,000.00) TO TWO THOUSAND
PESOS (₱2,000.00) THEREBY AMENDING PARAGRAPH (B), SECTION 2, OF MUNICIPAL
ORDINANCE NO. 216, AN ORDINANCE PROVIDING REGULATORY FEES FOR
CORRESPONDING SERVICES RENDERED BY THE MUNICIPAL CIVIL REGISTRAR’S OFFICE.
SECTION 1. – RATIONALE. Processing marriage application of foreigners and documentation of

the same entail more paper works than the local applicants hence this amendment to increase the fees
thereof;
SECTION 2. – MARRIAGE FEE. TWO THOUSAND PESOS (₱2,000.00). The Marriage Fees of foreigners
is hereby increased to TWO THOUSAND PESOS (₱2,000.00) payable with the Office of the Municipal
Treasurer before filing of marriage application with the Municipal Civil Registrar’s Office. This rate
applies if both the couple to be married or any one of them is not a citizen of the Philippines.
SECTION 3. - AMENDMENT CLAUSE. All Ordinances, rules and regulations, or parts thereof,
provisions of which are in conflict with, or contrary to the provisions of this Ordinance are hereby
SECTION 4. – EFFECTIVITY. This Ordinance shall take effect upon its approval and proper publication.

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f) MUNICIPAL ORDINANCE NO. 218, S. 2004, “AN ORDINANCE RETAINING TEN PERCENT (10%) OF
THE FIRE FUND FEE FOR THE OPERATION AND MAINTENANCE OF FIRE FIGHTING FACILITIES IN
THE MUNICIPALITY OF MALAY.”
SECTION 1. – RATIONALE. The Local Government of Malay is presently subsidizing the operation
and maintenance of Fire Fighting facilities of the Bureau of Fire Protection based at Boracay Island,
Malay, Aklan. With the intention of securing funds to institutionalize this subsidy, the Sangguniang Bayan
of Malay promulgates this piece of legislation.
SECTION 2. – TEN PERCENT (10%) RETENTION. FIRE FUND FEE. Ten percent (10%) of the total Fire
Fund Fee collected by the Local Government of Malay shall be retained by the Office of the Municipal
Treasurer of Malay before remittance to the Bureau of Fire Protection be made.
SECTION 3. – FUND MANAGEMENT. The amount collected by reason of this ordinance shall be
deposited in a trust fund created specifically for purpose of providing financial subsidy to the operation
and maintenance of fire fighting facilities of the Bureau of Fire Protection within the territorial
jurisdiction of Malay.
SECTION 4. - DATE OF EFFECTIVITY. This Ordinance shall take effect upon its approval.
g) MUNICIPAL ORDINANCE NO. 242, S. 2006; “AN ORDINANCE DESIGNATING MALAY MUNICIPAL
PLAZA AT POBLACION, MALAY, AKLAN AS FREEDOM PARK IN THE MUNICIPALITY OF
MALAY IN ACCORDANCE WITH SECTION 15 OF BATAS PAMBANSA BLG. 880.”
SECTION 1. – MALAY MUNICIPAL PLAZA. FREEDOM PARK. Pursuant to Section 15 of Batas Pambansa
Bilang 880, otherwise known as The Public Assembly Act of 1985, Malay Municipal Plaza at Poblacion,
Malay, Aklan is hereby designated as the Freedom Park in the Municipality of Malay.
SECTION 2. – FREEDOM PARK. PURPOSE. UTILIZATION GUIDELINES. The purpose and guidelines in
the utilization of the designated freedom park as provided by Section 15 of Batas Pambansa Blg. 880 and
Department of the Interior and Local Government Memorandum Circular No. 2006-42 are likewise
adopted as part of this ordinance.
publication.
(APPROVED: SP RESOLUTION NO. 06-331, dtd.7-26-06)
h) MUNICIPAL ORDINANCE NO. 243, S. 2006; “AN ORDINANCE REGULATING ALL TERRAIN VEHICLES
(ATV)/BUG CAR, GOLF CAR OPERATING IN THE ISLAND OF BORACAY AND PROVIDING
PENALTIES FOR VIOLATION THEREOF.”
SECTION 1. – RATIONALE. All electrically operated terrain vehicle (ATV), bug cars, and/or golf
cars operating in the Island of Boracay proliferate and without any ordinance, policy and/or guideline in
the operation thereof, the indiscriminate use of the same contribute to the congestion of the main roads
of the island. Hence, this piece of legislation.
SECTION 2. – DEFINITION OF TERMS. For purposes of this ordinance the following terms and/or
phrases shall mean:
ALL TERRAIN VEHICLE (ATV) – refers to a four wheeled electrically operated light vehicle classification and
steering mechanism of which are classified as a motorcycle basically used for recreational and sports
activities.
BUG CAR – a three or four wheeled electrically operated vehicle with or without a canopy classification
and steering mechanism of which are classified as motorcycle basically for recreation and sport activities.
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GOLF CAR – a three or four-wheeled light vehicle with or without a hood or canopy basically designed and
used to facilitate movement of players and equipment inside a golf course.
MAIN ROADS – refer to chief public passages connecting main entry points of Boracay and all the barangays
therein, to include but not limited to the following:
- Tambisaan via Bantud to Manocmanoc Proper.
- Manocmanoc Proper via Cagban and Angol to Puka Beach, Yapak.
- Balabag main road to Bolabog Beach
- All roads leading to Boat Stations 1, 2 and 3, respectively.
SECTION 3. – ALL TERRAIN VEHICLES (ATV), BUG CARS, GOLF CAR. REGULATORY POLICIES. It shall be
mandatory for owners and/or operators of ATVs for rent in the Island of Boracay to comply with the
following:
a) Secure a Sangguniang Bayan endorsement and transport permit of the same from the Office of the
Mayor before transporting the unit to Boracay.
b) The ATV and bug car/golf cars shall be exclusively for recreational and/or sports activities only; the
use of golf cars shall be confined strictly within the perimeters of the golf courses.
c) Provide an exclusive operation area to not less than two hundred (200) square meters per ATV and
bug car units;
d) Parking, display and operation of the same shall be strictly confined, within the self-provided
operation area.
e) ATV units, bug car, and/or golf cars are restricted to enter and/or use the main roads of Boracay at
all times.
f) Each ATV, bug car, and/or golf car must be painted with a designated sequential number on the
vehicle’s body and such shall be indicated in the municipal registration form upon application.
g) Each ATV and/or bug car operator, natural or juridical, shall only be allowed to operate a maximum
of twenty (20) units regardless of its kind.
SECTION 4. – ATV, BUG CAR AND/OR GOLF CAR REGISTRATION. REGISTRATION FEE. It shall be
mandatory for all owners and/or operators of ATVs, Bug Car and/or golf car to register the same with the
Municipal Transportation Office (MTO). For purposes of this registration, the following requirements
shall be submitted to the MTO:
a) Mayor’s Permit to Transport
b) Barangay Certification as to the presence of area of operation as provided by this ordinance issued
by the Barangay Captain where such area is located.
A registration fee in the amount of TWO THOUSAND PESOS (₱2,000.00), per unit, shall also
be paid by the owner/operator of the ATV, bug car and/or golf car to the Municipal Treasurer’s
Office upon submission of their application for registration.
SECTION 5. PENALTIES. Any entity, natural or juridical, found violating the following indicated
provisions of this ordinance shall suffer the corresponding penalties provided herein:
FOR VIOLATION OF ANY PROVISION OF SECTION 3 – a fine of TWO THOUSAND FIVE HUNDRED PESOS
(₱2,500.00) per vehicle and impoundment of the same upon which the violator shall pay an
impoundment fee of TWO HUNDRED PESOS (₱200.00) per day, per unit.
FOR VIOLATING SECTION 4 – a fine of ONE THOUSAND PESOS (₱1,000.00) per unit in the first offense.
Continued defiance of registration after the first offense shall mean cancellation of Mayor’s Permit to
operate and impoundment of the units upon which the violator shall pay an impoundment fee of TWO
HUNDRED PESOS (₱200.00) per day, per unit.
Owner/operators of the units impounded due to violations provided by this ordinance shall have
five (5) office days to redeem the impounded vehicles. Failure to do so within the provided period, the
impounded vehicle shall be transported to and impounded at Mainland Malay by the municipality at the
expense of the units owner/operator payment of which shall be paid to the Office of the Municipal
Treasurer before release of the subject ATV unit(s).
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FOR THE THIRD AND SUBSEQUENT OFFENSES, the owner or operator of the subject ATV, Bug Car or Golf Car shall
be imprisoned for a number of days at the discretion of the court which in no case shall be beyond
twenty (20) days.
SECTION 6. – AMENDMENTS. Previous ordinances, orders, rules and regulations or parts thereof
which are inconsistent with this ordinance are hereby repealed or modified accordingly.
publication.
(APPROVED SP RESOLUTION NO. 07-087, dtd. 2-28-07)
i) MUNICIPAL ORDINANCE NO. 244, S. 2007; “AN ORDINANCE PRESCRIBING FEES FOR BIDDERS
ANY LGU-MALAY FUNDED PROJECTS AND PROGRAMS SUBJECT TO BIDDING REQUIREMENTS.”
SECTION 1. – RATIONALE. LGU-Malay incurs expenditures in the conduct of biddings for

municipal projects and programs hence the need for this ordinance to recover the afore-cited cost.
SECTION 2. – BIDDING FEE SCHEDULE. Participants in all LGU-Malay biddings shall pay appropriate
bidding fees as prescribed in the schedule below:
A) ON SUPPLIES AND MATERIALS:
Up to 250,000.00 ₱ 300.00
Over 250,000.00 to 500,000.00 400.00
Over 500,000.00 to 750,000.00 500.00
Over 750,000.00 to 1,000,000.00 1,000.00
Over 1,000,000.00 to 2,000,000.00 1,500.00
B) ON INFRASTRUCTURE:
Up to 250,000.00 750.00
Over 250,000.00 to 500,000.00 1,000.00
Over 500,000.00 to 750,000.00 1,500.00
Over 750,000.00 to 1,000,000.00 2,500.00
Over 1,000,000.00 to 2,000,000.00 4,000.00
Over 2,000,000.00 to 3,000,000.00 5,000.00
Over 3,000,000.00 to 4,000,000.00 6,000.00
Over 5,000,000.00 to 6,000,000.00 8,000.00
Over 6,000,000.00 to 10,000,000.00 10,000.00
Over 10,000,000.00 to 15,000,000.00 20,000.00
Over 15,000,000.00 to 20,000,000.00 25,000.00
In excess of 20,000,000.00 x .01%
C) CONSULTING SERVICES:
Up to 1,000,000.00 2,000.00
Over 1,000,000.00 to 2,000,000.00 5,000.00
Over 2,000,000.00 to 2,500,000.00 8,000.00
Over 5,000,000.00 to 10,000,000.00 10,000.00
Over 10,000,000.00 to 15,000,000.00 15,000.00
Over 15,000,000.00 to 20,000,000.00 20,000.00
In excess of 20,000,000.00 x .01%
Bidding fee shall be paid at the Office of the Municipal Treasurer upon procurement of essential
bidding documents from the Bids and Awards Committee.
SECTION 3. – AMENDMENTS. Any ordinance, rules and regulations, or parts thereof, provisions of
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SECTION 4. – EFFECTIVITY. This ordinance shall take effect upon its approval and proper publication.
j) MUNICIPAL ORDINANCE NO. 245, S. 2007; “AN ORDINANCE GRANTING FRANCHISE AND
PROVIDING CONDITIONS IN THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF
COCKPIT ARENA WITHIN THE JURISDICTION OF MALAY.”
SECTION 1. - RATIONALE. Cockfighting is becoming one of the major tourist attractions in

Boracay. Regulation therefore, by way of granting a franchise, is the most logical move to ensure the
establishment of a cockpit that can provide acceptable systems and facilities for tourist cockfighting
enthusiasts. Besides being a traditional activity, cockfighting is also one of the most popular recreational
sports in the country within which people, of different ages and walks of life, easily mix and blend
together. If properly regulated, this can be a good vehicle in bonding people together for a productive
cause. Further, this franchise granting ordinance is pursuant to Section 447, Paragraph 3, Sub-paragraph
(V) of the Local Government Code of 1991.
SECTION 2. – GRANT OF FRANCHISE. ESTABLISHMENT, OPERATION AND MAINTENANCE OF COCKPIT

ARENA. The Sangguniang Bayan of LGU-Malay, by two third votes (2/3) of all its members, may grant
franchise to establish, operate and maintain a cockpit arena provided that the grantee has complied with
all the requirements and conditions provided by this ordinance.
SECTION 3. – COCKPIT ARENA. BORACAY AND MAINLAND MALAY. Establishment, operation and
maintenance of cockpit arena in Boracay Island shall be for tourism purposes only and therefore this is
without prejudice to Mainland Malay to establish, operate and maintain a cockpit arena for local
cockfighting aficionados, cockfighting being a traditional Filipino sports and recreational activity. In view
of the probability of having two (2) cockpit arena within the municipal jurisdiction of Malay, one in the
Island of Boracay and the other in Mainland Malay, it shall be prohibited of any entity, natural or juridical,
to own, establish, operate and maintain the same. Further, in no case there shall be more than two
franchised cockpit arena within the municipal jurisdiction of Malay.
SECTION 4. – LENGTH OF FRANCHISE. In no case the grant of cockpit franchise for more than ten
(10) years subject to renewal for another ten (10) years, provided that the grantee has complied with all
the conditions and requirements provided by this ordinance.
SECTION 5. – FRANCHISE FEE. The grantee shall pay a franchise fee equivalent to ten percent
(10%) of the total capital investment in the establishment of the cockpit payable to the Municipal
Treasurer of LGU-Malay upon release of the franchise. The payment of franchise fee is without prejudice
to the payment of fees relative to the required annual mayor’s permit to operate which the grantee must
comply.
SECTION 6. – IMPLEMENTING RULES. The Office of the Chief Executive shall be responsible for the
promulgation of the implementing rules and regulations of this ordinance to ensure that the purposes
and intent provided herein shall be achieved.
SECTION 7. - EFFECTIVITY. This Ordinance shall take effect upon its approval and proper
publication.
k) MUNICIPAL ORDINANCE NO. 247, S. 2007; “AN ORDINANCE PROVIDING FOR THE
QUARANTINE OF ALL PLANTING MATERIALS BELONGING TO THE PALMAE FAMILY BEING
TRANSPORTED TO THE MUNICIPALITY OF MALAY, AKLAN, DESIGNATING AN AREA FOR SUCH
AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.”
SECTION 1. – RATIONALE. The Municipal Government shall adopt quarantine regulations to

prevent the introduction and spread of pests and diseases in the Municipality. Coconut Leaf Beetle
infestation now exists in some parts of the country. Brontispa Longissima, as it is scientifically called,
inflicts damage on coconut and other native as well as exotic ornamental palms. Quarantine measures
must be put in place in order to arrest and prevent the spread of this pest.
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SECTION 2. – DEFINITION OF TERMS. For purposes of this ordinance, the terms hereunder
mentioned shall be defined as follows:
COCONUT LEAF BEETLE (BRONTISPA LONGISSIMA) – an invasive insect pest that inflicts damage on coconut,
ornamental palms and other plants belonging to Palmae Family.
PALMAE FAMILY – refers to coconut and other native as well as exotic ornamental palms.
QUARANTINE – a legal preventive measure against any introduction of exotic pest and diseases.
SECTION 3. – QUARANTINE OF PLANTING MATERIALS. Pursuant to Executive Order No. 172 of the
Municipal Mayor, the entry to Boracay Island of any planting materials and/or any parts of plants
belonging to the Palmae Family shall be regulated. The planting materials shall be quarantined for seven
(7) to ten (10) days and shall be treated until found to be free from Coconut Leaf Beetle (Brontispa
Longissima).
SECTION 4. – QUARANTINE CENTER. There shall be established a Quarantine Center in the

municipal lot in Barangay Caticlan, beside the Convention Center. The area shall be fully covered with
insect net in order to avoid the pest to get out and outside pest to get in.
SECTION 5. – QUARANTINE CARETAKER. A caretaker shall be hired by the LGU to manage and guard
the Quarantine Center. He shall water the plants and spray insecticides regularly to prevent the spread of
pest and diseases.
SECTION 6. – QUARANTINE FEE. A quarantine fee of FIVE PESOS ( 5.00) per plant/day shall be
charged to the owner of the quarantined plants payable upon the plant’s entry at the Quarantine Center.
An official receipt shall be issued upon payment of the quarantine fee, same shall be presented by the
owner to the Quarantine Caretaker for the release of the quarantined plants.
SECTION 7. – FUNDING. The appropriate funding needed for the implementation of this ordinance
shall be taken from the funds of the Office of the Mayor.
SECTION 8. – SANCTIONS. Any person who violates the requirement of plant quarantine as
provided for in Section 3 hereof, shall be penalized with a fine of TWO THOUSAND FIVE HUNDRED
PESOS (₱2,500.00) and the confiscation of the planting materials. The planting materials of any person
who refuses to quarantine his plants shall be subject to confiscation and shall be properly destroyed.
SECTION 9. – SEPARABILITY CLAUSE. If any provision of this ordinance is declared invalid or

unconstitutional, other parts or provisions thereof which are not affected thereby, shall remain in full
force and effect.
SECTION 10. – REPEALING CLAUSE. All ordinances found to be inconsistent with this ordinance are
hereby repealed or modified accordingly.
SECTION 11. – EFFECTIVITY. This ordinance shall take effect immediately upon its approval and
proper publication.
(APPROVED. SP RESOLUTION NO. 2008, dtd. 1-24-08)
l) MUNICIPAL ORDINANCE NO. 248, S. 2007; “AN ORDINANCE CHARGING ENTRANCE FEE TO
ALL LOCAL AND FOREIGN GUESTS/TOURISTS ENTERING THE MALAY ECOLOGICAL PARK AND
PANGIHAN CAVE.”
SECTION 1. – RATIONALE. Malay Ecological Park located at Barangay Argao and Pangihan Cave
located at Poblacion, Malay, Aklan was included in the Tourism Clusters of the Municipality envisioned to
become an added tourist attraction to complemement Boracay Island. With this, it is expected that local
and foreign tourists will enter/visit the park and the cave, thus there’s an urgent need to maintain it’s
facilities and introduce more development in both areas to nurture the natural beauty of the place. In
order to raise needed funds for the purpose, this ordinance is promulgated.
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SECTION 2. – ENTRANCE FEE. FIFTY PESOS (₱50.00) PER TOURIST/GUEST. It shall be mandatory
for every tourist/guest entering the Malay Ecological Park at Barangay Argao and Pangihan Cave at
Poblacion to pay an Entrance Fee in the amount of FIFTY PESOS ( 50.00). The amount collected
therefrom shall be deposited in the General Fund of the Municipality.
SECTION 3. – EXEMPTION. MALAYNON. All Malaynon shall be exempted from payment of the
Entrance Fee at Malay Ecological Park and Pangihan Cave. For purposes of this ordinance, Malaynon
refers to any person who resides, maintain an abode in the Municipality of Malay.
SECTION 4. – AMENDMENTS. All Ordinances, rules and regulations, or parts thereof, provisions of
which are in conflict with, or contrary to the provisions of this Ordinance are hereby repealed, amended
SECTION 5. – EFFECTIVITY. This Ordinance shall take effect upon its approval and proper
publication.
m) MUNICIPAL ORDINANCE NO. 250, S. 2007; “AN ORDINANCE FIXING THE ANNUAL PRESUMPTIVE
INCOME LEVEL OF BUSINESS NOT ABLE TO DECLARE ANNUAL GROSS SALES OR MISDECLARE THE
SAME FOR MUNICIPAL TAXATION PURPOSES.”
(SPONSOR: COMMITTEE ON LAWS & ORDINANCES)
SECTION 1. – RATIONALE. By fixing the Annual Presumptive Income Level (PIL) of businesses not
able to declare annual gross income or misdeclare the same, collection of proximated tax due the
municipal government can be realized. Further tax avoidance can likewise be minimized if not
eliminated, hence this piece of legislation.
SECTION 2. BUSINESS CATEGORIES. For purposes of this ordinance, business establishments within
the municipal jurisdiction of Malay are classified into the following categories:
A) Cottages/Resorts/Hotels/Lodging Houses/Boarding Houses/ and other similar establishments;
B) Bars/Restaurants/Cafeterias/and other similar establishments;
C) Stores/Boutiques/Trading/Retailers/ and other similar establishments;
D) Wholesalers/Importers/Exporters/Distributors/Dealers/and other similar establishments;
E) Other establishments not covered by categories A, B, C and D.
SECTION 3. – STRATIFIED SCHEDULE OF PRESUMPTIVE INCOME LEVEL. To approximate gross receipt of

business categories classified by the preceding section, the following stratified schedule of Presumptive
Income Level shall be observed:
1) Category A
Number of Rooms x Room Rate x 30 days x 8 months = Annual PIL
2) Category B
Sales per day x 30 days x 12 months = Annual PIL
3) Category C
a) Sales per day x 30 days x 12 months x 2%(30,000.00 but not over 400,000.00 sales) = Annual PIL
b) Sales per day x 30 days x 12 months x 1%(sales over 400,000.00) = Annual PIL
4) Category D
Sales per day x 30 days x 12 months = Annual PIL

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5) Category E
PIL shall be based on the schedule of minimum gross sales/receipts as prescribed by the
subsequent section.
SECTION 4. – SCHEDULE OF MINIMUM GROSS SALES. In no case business establishments not having
declared annual sales/receipts or misdeclare the same for purposes of municipal taxation, shall be
allowed to claim annual gross sales/receipts lower than the minimum prescribed as follows:
NO. NATURE OF BUSINESS MINIMUM GROSS SALES

1 Sari-sari Stores ₱ 72,000.00 ₱ 200.00/day
2 Sari-sari Stores w/ Beers & Cigarettes 108,000.00 300.00/day
3 Retailers 108,000.00 500.00/day
4 Restaurants 200,000.00 555.00/day
5 Restaurants w/ Bar 600,000.00 2,000.00/day
6 Manufacturers 1,000,000.00 3,000.00/day
7 Wholesalers 400,000.00 1,200.00/day
8 Dealers/Distributors 1,000,000.00 3,000.00/day
9 Contractors and other Independent Contractors 2,000,000.00
10 Banks/Lending/Pawnshops/Insurance 1,000,000.00
Company/Forex
11 Barbers/Beauty Shops 50,000.00
12 Massage/Spa Centers 400,000.00
13 Commercial Livestock Farms/Fishponds 300,000.00
14 Cafeterias/Ice Cream & Other Refreshments Parlor 200,000.00
& Carenderia
15 Bakeries/Pizza Parlors 400,000.00
16 Tailoring/Dress Shops 75,000.00
17 Souvenirs Shops/Dry Goods/RTW’s 72,000.00
18 Small Scale Services (Tricycles, Motorboats, 75,000.00
Sailboats)
SECTION 5. AMENDMENTS. All ordinances, rules and regulations, or parts thereof, provisions of
publication.
ENACTED. JULY 12, 2007
n) MUNICIPAL ORDINANCE NO. 251, S. 2007; “AN ORDINANCE REQUIRING APPLICANTS FOR
FRANCHISE AND/OR BUSINESS LICENSES/PERMITS IN LGU-MALAY COMPULSORY
PHILHEALTH MEMBERSHIP AND MANDATORY ENROLLMENT OF RESPECTIVE PERSONNEL
AND/OR EMPLOYEES THERETO.”
SECTION 1. – RATIONALE. This ordinance is promulgated pursuant to Sangguniang Panlalawigan

Resolution No. 05-191, a resolution urging all municipal governments in the Province of Aklan to make
PhilHealth membership compulsory to applicants for certain franchise, licenses or permits.
SECTION 2. – PHILHEALTH. COMPULSORY MEMBERSHIP. No franchise and/or business permit shall

be granted and or issued unless the applicant and his personnel and employees, if there are any, are
enrolled with PhilHealth as bonafide members.
publication.

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o) MUNICIPAL ORDINANCE NO. 254, S. 2007; ”AN ORDINANCE REQUIRING PROJECT

PROPONENTS, CONTRACTORS, HOTEL OR RESORT OR BUSINESS ESTABLISHMENT PROPRIETORS
AND/OR OPERATORS WITHIN THE MUNICIPAL JURISDICTION OF MALAY TO GIVE PREFERENCE
IN THE EMPLOYMENT OF LOCAL APPLICANTS FOR LABOR, MANPOWER, RESORT AND/OR
BUSINESS PERSONNEL AND/OR STAFF IN THEIR RESPECTIVE ESTABLISHMENTS FIXING THE
REQUIRED QUOTA FOR LOCAL EMPLOYMENT AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF.”
SECTION 1. – RATIONALE. Observable is the fact that employment of local labor and professionals
are greatly affected by the influx of job seekers coming from different parts of the country to Malay.
Compounding this slim chance of employment for the local is the fact that compensation in Malay,
particularly Boracay, becomes less attractive and competitive by reason of this big volume of transient
job seekers, hence this piece of legislation.
SECTION 2. – EMPLOYMENT PREFERENCE. LOCAL APPLICANTS. It shall be required of any project

proponents, contractors, hotels, resorts and business establishment proprietors and/or operators, within
the municipal jurisdiction of Malay, to give preference in the employment of local applicants for labor,
manpower, resort and/or business personnel and/or staff in their respective establishment. For
purposes of this ordinance, local applicants refer to persons of age who are residents of Malay or married
to a resident of Malay or those who have resided in Malay at least six (6) months before filing their
respective application for employment. Length of residency must be duly certified by the Punong
Barangays of the place where the applicants reside.
SECTION 3. – PRESCRIBED EMPLOYMENT QUOTAS. LOCAL APPLICANTS. The employment quotas

prescribed below shall be strictly observed by the following:
A) Project proponents and/or Contractors of Civil and Structural Works shall employ at least sixty
percent (60%) of unskilled labor and/or manpower and at least forty percent (40%) of the skilled
labor and/or manpower locally.
B) Hotel, resort and business establishment proprietors and/or operators shall employ at least forty
percent (40%) of their respective personnel and/or staff from the local applicants.
SECTION 4. – CERTIFICATION. MUNICIPAL PUBLIC EMPLOYMENT SERVICE OFFICE. INVENTORY

INSPECTION. It shall be required of all project proponents, contractors, hotel or resort or business
establishment proprietors and/or operators to secure a certification from the Municipal Public
Employment Service Office of LGU-Malay certifying to the effect that provisions of this ordinance has
been complied. This certification shall form part of the requisites that must be complied and submitted
before a building permit or a mayor’s permit to operate business, as the case may be, shall be issued.
In the event that the number of local applicants is not adequate to meet the employment needs of
the project proponents, contractors, hotels, resorts, and/or business establishments, certification to this
effect shall likewise be secured from the Municipal Public Employment Service Office of LGU-Malay.
The Municipal Public Employment Service Office shall conduct on the spot inventory inspection,
as the need arises, to determine compliance to this ordinance.
SECTION 5. – PENALTIES. Project proponents, contractors, hotels, resorts and/or business

establishments hiring labor, manpower, personnel and staff in contravention of any provisions of this
ordinance shall be burdened by the following penalties:
FIRST OFFENSE – Stern warning and a fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00).
Continued defiance of notices of compliance to the provision of this ordinance, cancellation of

business permit and/or building permit, as the case may be, shall be issued after the third notice has
been officially served.
publication.

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(APPROVED. SP RESOLUTION NO. 2008-312, dtd.9-28-08
p) MUNICIPAL ORDINANCE NO. 256, s. 2008; AN ORDINANCE REGULATING THE ESTABLISHMENT &
OPERATION OF ALL BOARDING HOUSES AND DORMITORIES IN THE MUNICIPALITY OF MALAY,
PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES.
SECTION 1. - RATIONALE. Observable is the fact that boarding houses and dormitories in the
Municipality of Malay, particularly in the Island of Boracay, is a thriving business. Such business interest
however poses health, safety and environmental concerns which must be addressed squarely through
appropriate regulations hence this legislation.
SECTION 2. – DEFINITION OF TERMS. As used in this Ordinance, the following words or phrases
shall mean:
BOARDING HOUSE/BED SPACE/DORMITORY – any place of abode or any part of a residential house where an
occupant stays for a fee for food and/or lodging purposes regardless of the length of stay;
BOARDER OR BED SPACER – refers to the occupant of any place or space for rent for food and/or lodging
purposes regardless of the length of stay.
SECTION 3. - REGULATORY POLICIES. All boarding houses, bed spaces and dormitories shall strictly
observe the following regulatory policies:
a) Boarding houses, bed spaces and dormitories, of whatever nature, shall be considered business
establishments hence shall be required to secure respective annual business and sanitary permits to
operate. Certification from the Municipal Engineering Office and the Municipal Zoning Office on the
structural aspect of the building, as required by the nature of business applied, and the zonal
requirements compliance of the same, respectively, are requisites for the procurement of the above-
stated permits/licenses.
b) Applicants for business permits/licenses to operate boarding houses, bed spaces and/or
dormitories must indicate the number of occupants such can accommodate and in no case shall be
permitted to accommodate dwellers or boarders beyond the number stipulated therein;
c) A fire exit shall be provided, location of such must be accessible from the various points of
occupancy by way of unhampered passage way/s with a width of no less than one (1) meter of
space;
d) A separate comfort rooms for male and female, at a ratio of one (1) toilet bowl for every five
occupants, shall be maintained and availability of water in the maintenance of the same must be in
place at all times;
e) Garbage receptacles shall be provided every room and disposal garbage shall be made regularly as
not to pose sanitary problems to the occupants and the surroundings, in general;
f) The owners shall set rules for the occupants pursuant to the relevant provisions of R.A. 9003 and
other local legislations on environmental health and sanitation.
SECTION 4. - PENALTY. In case of violation of any of the provision of this Ordinance, the license
and permit to operate shall, after due hearing, be revoked and the grantee of such permit or license to
operate shall, upon conviction thereof, be fined of not less than ONE THOUSAND PESOS (₱1,000.00) nor
more THAN TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or imprisonment of not less than seven
(7) days or more than ninety (90) days, or both, at the discretion of the court.
SECTION 5. – REPEALING CLAUSE. All existing ordinances or parts thereof, which are inconsistent
with the provisions of this ordinance, are hereby repealed.
SECTION 6. - EFFECTIVITY. This Ordinance shall take effect upon its approval.

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q) MUNICIPAL ORDINANCE NO. 257, S. 2008; AN ORDINANCE PROHIBITING BACKYARD PIGGERY

AND RANGED POULTRY IN BORACY ISLAND.
SECTION 1. - RATIONALE. Boracay Island is a premier tourist destination in the Philippines. Being
so, sanitation is a priority factor in order to preserve its image as clean and well kept destination where
tourists may splurge their hard earned income free of any health and sanitary insecurities, hence this
piece of legislation.
SECTION 2. - PROHIBITED ACTS. Piggery, of whatever nature, and ranged poultry raising are
strictly prohibited in the entire Island of Boracay.
SECTION 3. - DEFINITION. As used in this Ordinance, the following terms and phrases shall mean:
PIGGERY – refers to raising of pigs or hogs, in any manner, regardless of the number of heads for any
length of time or duration;
RANGED POULTRY - refers to raising of fowls like ducks, chicken, turkey and other similar winged fowls
which are freely moving anywhere or raised astray.
SECTION 4. - PENALTY. Any person who committed the prohibited acts provided by this
ordinance shall suffer a fine of TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)and confiscation of
the animal subject of violation.
SECTION 5. - REPEALING CLAUSE. Any other ordinance or parts thereof inconsistent herewith are
hereby repealed or modified accordingly.
SECTION 6. – EFFECTIVITY. This Ordinance shall take effect upon its approval.
r) MUNICIPAL ORDINANCE NO. 259, S. 2008; AN ORDINANCE PROVIDING FEES, IN THE AMOUNT OF
FIFTY PESOS (₱50.00) FOR THE REGISTRATION OF AN ILLEGITIMATE CHILD WITH THE OFFICE
OF THE MUNICIPAL REGISTRAR OF MALAY.
SECTION 1. – RATIONALE. Registration of an illegitimate child with the Office of the Municipal
Registrar is a new transaction, hence this piece of legislation for the additional service rendered by the
said office.
SECTION 2. – SERVICE FEE. REGISTRATION OF AN ILLEGITIMATE CHILD. There shall be a registration

fee, in the amount of FIFTY PESOS (₱50.00), for every illegitimate child registered with the Office of the
Municipal Civil Registrar of the Local Government of Malay.
SECTION 3. – INTEGRATION WITH THE MUNICIPAL REVENUE CODE. This new transaction and its
corresponding fee upon passage of this ordinance, shall form part of the Municipal Code of Malay.
publication.

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s) MUNICIPAL ORDINANCE NO. 262, S. 2008: AN ORDINANCE REGULATING THE ENTRY AND
PRESENCE OF MIGRANTS SEEKING LIVELIHOOD OPPORTUNITIES IN THE ISLAND OF BORACAY,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER RELATED PURPOSES.
(SPONSOR: HON. ROWEN T. AGUIRRE)
SECTION 1. – RATIONALE. The tourism boom of Boracay Island has given rise to various
tremendous ecological challenges which if not properly addressed would cause irreparable damage to its
fragile ecology. Foremost among these challenges is the rapid increase in population caused by the influx
of livelihood seekers which, in effect, imposes multiple burdens to the sensitive ecological, social and
demographical state of the Island. To document and regulate the migratory influx of these livelihood
seekers, this piece of legislation is hereby promulgated.
SECTION 2. – COVERAGE. This Ordinance shall cover all persons who are non-Malaynons staying
in Boracay Island with the intention of settling permanently by reason of employment, business, practice
of profession or any other related livelihood endeavor.
SECTION 3. – DEFINITION OF TERMS. For purposes of this ordinance, the following terms shall be
construed as follows:
a. “WORK PERMIT” – refers to the official document issued by the local government of Malay, Aklan to
enable and allow the concerned person to be employed or engage in any business or livelihood
endeavor in the Island of Boracay.
b. “BUSINESS ESTABLISHMENT” – refers to any person, natural or juridical, cooperatives, or entity, but not
limited to hotels, resorts, restaurants, bars transportation or service companies or enterprises,
engaged in an economic undertaking in Boracay Island.
c. “PERSONS LIABLE” – refers to natural person, or in case of juridical persons, its President or General
manager, primarily liable for the violation and who shall bear and suffer the penalties imposed under
this Ordinance.
d. “PERMANENT STAY” refers to a duration of stay in Boracay island for more than six (6) months for
reason of employment, business interest, practice of profession and/or other related livelihood
endeavor.
e. “MALAYNON” – refers to one who was born in the Municipality of Malay or whose parent is born in the
Municipality of Malay or whose spouse is a Malaynon as herein defined.
f. “BONAFIDE RESIDENT” – refers to one who has been residing in the Municipality of Malay by reason of
employment, business enterprise or practice of profession for five (5) years, prior to the approval
and implementation of this ordinance, and a registered voter of the Municipality of Malay and has
casted vote for last three (3) consecutive elections.
SECTION 4. – Regulatory Policy. Except for Malaynons and Bonafide Residents of Malay, it shall
be mandatory of any person to secure a working permit from LGU Malay before engaging in any activities
in Boracay Island by reason of employment, business interest, practice of profession or any other
livelihood endeavor.
It shall, likewise, be prohibited for any entity, natural or juridical, to hire, employ or engage the
services of any person, worker, artisan, professional, craftsmen or domestic helper who are not holders
of working permits issued by LGU-Malay.
SECTION 5. – REQUIREMENTS. PROCUREMENT OF WORKING PERMIT.. Applicants for the procurement

of Working Permit shall submit the following as condition precedent for processing and approval thereof:
a) Accomplished Appropriate Application Form/s.
b) NSO Certified Copy of Certificate of Live Birth.
c) Barangay Clearance from place of origin.
d) Police Clearance from place of origin.
e) Certificate of Employment where the applicant presently work in Boracay – for employees only
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f) Barangay Clearance – Barangay where practice of profession, business interest or other livelihood
endeavor is situated.
g) Health Certificate issued by Municipal Health Office of Malay.
h) Drug Test Certificate from MHO Malay or MHO Malay accredited Testing Center.
i) Two (2) Passport-size Photographs
j) Complete name/identity and address of landlord, board house operator where the applicant is
staying or intends to stay or reside during the duration of employment, practice of profession,
business engagement or other livelihood endeavor.
k) Application Fee of ₱250.00.
SECTION 6. – PROCESSING DURATION. WORKING PERMIT. The Local Government of Malay shall have
fifteen (15) days from date of filings to act on the application of such working permit and/or settlement
clearance, failure to act within the aforecited period, said working permit/settlement clearance being
applied shall be deemed issued and the same shall be valid for one (1) year from issuance thereof.
SECTION 7. – SPECIAL WORK PERMIT. STAFF. PROMOTIONAL EVENTS. Any entity, natural or juridical,
who shall host or engage in any promotional event or activity in Boracay shall secure a special work
permit for its staff or employees validity of which shall only be for the entire duration of the approved
event or activity. Payment of ONE HUNDRED PESOS (₱100.00) per staff member/employee and
submission of drug test certificate are conditions precedent for the processing and approval of the said
special work permit.
SECTION 8. – PRESENTATION OF WORK PERMIT. Any person who is issued a work permit and
corresponding identification card shall at all times carry the same in his person and shall present the
same upon demand by the local government unit authorities of the Municipality of Malay, Aklan which
shall include but not limited to the Barangay Chairman or deputized agent, police officers assigned to the
Municipality of Malay, Aklan, the Municipal Mayor or his deputized agent.
SECTION 9. – PENALTIES. Any person who violates any provision of this ordinance shall be fine
TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00) or shall suffer imprisonment of no more than thirty
(30) days or both at the discretion of the Court.
If the violator is a corporation, person, corporate entities, cooperatives, or partnership who

violates this provision, the same shall suffer a fine of TWO THOUSAND FIVE HUNDRED PESOS
(₱2,500.00) and its respective president, general manager, board of directors or partners shall suffer an
imprisonment of no more than thirty (30) days.
SECTION 10. - REPEALING CLAUSE. All ordinances, orders, rules and regulations inconsistent
herewith are hereby amended or modified accordingly.
SECTION 11. – EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after its approval
and proper publication.
t) MUNICIPAL ORDINANCE NO. 264, S. 2008; AN ORDINANCE ESTABLISHING A SIMPLIFIED

BUISNESS PERMIT AND LICENSING PROCESS IN THE MUNICIPALITY OF MALAY.
SECTION 1. – SHORT TITLE. This Ordinance shall be known as and referred to as the “Business
Registration Simplification Program”.
SECTION 2. – DECLARATION OF POLICIES. It shall be the policy of the Municipal Government of

Malay to:
a) Advocate the continuous improvement of public service delivery including regulatory services to
remain relevant to the changing needs of the time.
b) Create an environment conducive to local economic promotion by significantly improving its

internal regulatory system.
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c) Adopt modern systems and procedures that are customer friendly, and install mechanisms that are
cost-efficient for both the local bureaucracy and the transacting public.
d) Enhance local revenue generation from business taxation without necessarily jeopardizing public
safety and interest.
SECTION 3. – DEFINITION OF TERMS. As used in this Ordinance, the following terms shall mean:
BUSINESS REGISTRATION SIMPLIFICATION – the process of removing the complexities found in the existing
practice of issuing a business permit and license to new or old applicants. It involves the identification
and removal of unnecessary steps in the application and renewal of business permit and licenses.
SIMPLIFICATION COMMITTEE – an ADHOC body in charge of carrying out the business registration
simplification program of the Municipality.
OVERSIGHT SUB-COMMITTEE (OSC) – a Sub-Committee of the Simplification Committee in charge of

supervising the work of the Technical Working Group.
TECHNICAL WORKING GROUP (TWG) – a Sub-Committee of the Simplification Committee in charge of

studying the current process flow of business permit and licensing system, and how to improve the
existing process.
SIMPLIFICATION STRATEGIES AND TOOLS – these refer to an array of proven strategies and tools used by other
LGUs to simplify their business registration process. These include the following or a combination
thereof: simplification of the business permit and licensing process; establishing one-stop shops;
modernizing technology; information, education, communication campaign.
SECTION 4. – BUSINESS REGISTRATION SIMPLIFICATION GOALS. The task of simplifying the business
permit and licensing process in the LGU is an inter-agency effort of the different offices involved in the
issuance of business permits and licenses with the cooperation of the Sangguniang Bayan and a
representative of the local chamber of commerce and industry or Boracay Foundation, Inc. Its goal is to
make the process as easy and as convenient as possible by significantly cutting down processing time and
resources. Ultimately, it aims to create and environment that is business-friendly and thus, attractive to
investments.
SECTION 5. – IMPLEMENTING ORGANIZATION. The Simplification Committee through its OSC and
TWG is the main implementer of the Business Registration Simplification program. Its functions and
responsibilities are provided in the Executive Order that created it.
SECTION 6. – APPROPRIATION. There shall be appropriated from the general fund of the municipal
government sufficient amount to finance the implementation of the Business Registration Simplification
Program. The Simplification Committee will determine the initial budget for the Program, and to be
concurred by the Local Finance Committee.
SECTION 7. – IMPLEMENTING RULES AND REGULATIONS. The Local Chief Executive, in consultation
with the OSC and TWG, shall formulate the necessary rules and regulations for the effective
implementation of the program, within thirty (30) days after the effectivity of this ordinance.
SECTION 8. – EFFECTIVITY. This ordinance shall take effect on January 1, 2009.
u) MUNICIPAL ORDINANCE NO. 269, S. 2009; AN ORDINANCE FIXING THE RATES OF FEES FOR THE
TRANSPORT OF MOTORIZED VEHICLES AND IMPOSING REGULATORY FEES FOR THE SAME IN
THE ISLAND OF BORACAY.
SECTTION 1. – RATIONALE. Imposition fees is undertaken not just to raise revenues for the local
government but the same can also be an effective tool of regulation. With the purpose of regulating the
entry of motorized vehicles in Boracay Island, this ordinance is hereby legislated.
SECTION 2. – Rates of Fees. Transport and Regulation. Motorized Vehicles. Boracay Island.
The following rates of transport and regulation fees in the transport of motorized vehicle in the Island of
Boracay shall be strictly observed:
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MOTORBIKE
1) Permit to Transport ₱ 1,500.00
2) Permit for Change of Unit
(For tricycle operation only) 1,500.00
3) Annual Regulatory Fee 500.00
4) Motorbike with sidecar plus 250.00
FOUR (4) WHEELED VEHICLE.

2) Annual Regulatory Fee 1,300.00
3) Permit to Deliver (Transport
to Boracay – vice versa) 1,000.00
SIX (6) WHEELED VEHICLE

3) Permit to Deliver (Transport to
Boracay and vice versa) 3,000.00
TEN (10) WHEELED VEHICLE

Permit to Deliver (Transport to
Boracay – vice versa) ₱ 5,000.00
HEAVY EQUIPMENT: PER UNIT

(BACKHOE, GRADER, MOBILE CRANE & OTHERS)
ATV/BUG CAR/GOLF CAR (PER UNIT)

2) Annual Regulatory Fee 500.00
ELECTRIC POWERED VEHICLE

1) Permit to Transport:
a. 4-Wheeled Vehicle ₱ 1,000.00
b. Motorbike 500.00
SECTION 3. – BOND. A Cash Bond equivalent to the same amount with that of the fee for the
issuance of permit to transport be posted with the Office of the Municipal Treasurer. Said Bond shall be
returned to the owner of the vehicle upon presentation of proof of withdrawal and transport of the same
back to Mainland Malay unless said vehicle is replaced by another unit, in which case, said bond shall be
automatically applied. Further, from this bond, penalties for ordinance infraction/s of the subject vehicle,
if there is any, shall likewise be deducted.
SECTION 4. – FEES. PAYMENT. The prescribe fees shall be paid with the Office of the Municipal
Treasurer after securing approval of the application for a Mayor’s Permit for the transport of the same.
SECTION 5. - AMENDMENT CLAUSE. All Ordinances, rules and regulations, or parts thereof,
provisions of which are in conflict with, or contrary to the provisions of this Ordinance are hereby
SECTION 6. – EFFECTIVITY. This Ordinance shall take effect upon its approval and proper
publication.

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v) MUNICIPAL ORDINANCE NO. 270, S. 2009, AN ORDINANCE PROHIBITING THE BURNING OF

RICE STRAWS, VEGETATIONS, AND MUNICIPAL WASTES WITHIN THE JURISDICTION OF LOCAL
GOVERNMETN UNIT OF MALAY, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER RELATED PURPOSES.
SECTION 1. – RATIONALE. Burning of rice straws, vegetations, and household/business waste

combustibles emits into the atmosphere harmful greenhouse gases/toxic wastes such as carbon dioxide,
carbon monoxide, nitrous oxide sulfur dioxide, and other tiny solid particles which negatively affects the
global climate change hence this piece of legislation.
SECTION 2. – REGULATORY POLICY. It shall be prohibited of any person, natural or juridical, to

burn rice straws, vegetation, household and business waste and combustibles.
SECTION 3. – PENALTIES. Any person, natural or juridical who violates this ordinance shall be
imposed the following penalties:
FIRST OFFENSE – Stern Warning
SECOND OFFENSE – ₱1,000.00 and warning to cancel business permit, in case of business entities.
THIRD & SUBSEQUENT OFFENSES - ₱2,500.00 and cancellation of business permit in case of business entities.
publication.
w) MUNICIPAL ORDINANCE NO. 272, S. 2009; THE COMPREHENSIVE ANTI-SMOKING ORDINANCE

OF THE MUNICIPALITY OF MALAY, AKLAN.
SECTION 1. – TITLE. Be it ordained that this ordinance shall be known as “THE COMPREHENSIVE
ANTI-SMOKING ORDINANCE OF THE MUNICIPALITY OF MALAY, AKLAN.”
SECTION 2. – COVERAGE. It shall be unlawful for any person to smoke or allow smoking in any
public utility vehicle, government-owned vehicle or any other means of public transport for passengers,
accommodation and entertainment establishment, public building, public place, as defined in Section 3(e)
hereunder, enclosed public place, or in any enclosed area outside of one’s private residence, private place
of work, or duly designated smoking areas, within the jurisdiction of the Municipality of Malay.
A.) SMOKING - refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or any other
kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the like within the
prohibited area for smoking shall constitute a prima facie evidence as an act of smoking prohibited
under this ordinance;
B.) PUBLIC UTILITY VEHICLES - refers to Public Utility Jeepneys (PUJs), Public Utility Buses (PUBs), vans,
taxis, tricycles, motorized bancas and other public utility vehicles used in the transport of
passengers;
C.) ACCOMMODATION AND ENTERTAINMENT ESTABLISHMENT - refers to restaurants, fast foods, eateries,
hotels, motels, lodging houses, inns, boarding houses, disco houses, videoke bars, resto bars, and
movie houses, or any other place with pleasant environment and atmosphere conducive to comfort,
healthful relaxation and rest, offering foods, sleeping accommodation and recreation facilities to the
public for a fee;
D.) PUBLIC BUILDING – refers to any of the following:

Page 144
1.) A building structure owned by the government or owned by a private person but used,
rented or occupied by the government or any of its instrumentalities;
2.) Any building structure used, or controlled exclusively for public purposes by any
department or branch of government, local government unit or barangay without references
to the ownership of the building;
E.) PUBLIC PLACE – refers to gasoline stations, banks, malls, town squares/public plaza, terminals,
shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums, funeral
parlors, barber shops, and other similar places where people usually congregate either to while
away their time or to listen or attend concerts, rallies, programs and shall include Municipal
Ecopark and the like;
F.) DESIGNATED SMOKING ROOM – refers to a delineated room inside the accommodation establishment,
or public place or enclosed public place, which is totally enclosed where a person is allowed to
smoke without violating this Ordinance;
Any duly designated room/area in accommodation and entertainment establishments whether

tourism accredited or not, within the territorial jurisdiction of the Municipality of Malay as herein
above defined, provided, the following conditions are met;
1.) If the accommodation and entertainment establishment is air-conditioned, it must establish

and designate a smoking room which shall not be more than 1/4 of the total accommodation
area of the establishment, that is air-conditioned and equipped with an exhaust fan and
totally enclosed on all sides and separated from the rest of the premise where smoking is
prohibited, and
2.) If the accommodation and entertainment establishment is not air-conditioned, it must

establish and designate a smoking area which shall not be more than 1/4 of the total
accommodation area of the establishment that is fully ventilated and separated from the rest
of the premises where smoking is prohibited.
G.) ENCLOSED AREA – refers to an area which is closed whether totally or partially at the sides and is
roofed to make use of the flow above it as ceiling, or even if open at all sides but is covered by a
roof, permanent or temporary in nature.
H.) ENCLOSED PUBLIC PLACE – refers to a room, building, structure or edifice that is constructed with a
shelter or covered by a roof with panels or concrete wall, which structure is open to the public.
SECTION 4. – PROHIBITED ACTS. The following acts shall be prohibited:
a) Smoking in any of the places enumerated in Section 2 hereof, except in duly designated smoking
areas;
b) Knowingly allowing, abetting, or tolerating smoking in accommodation establishments, whether

tourism accredited or not, except when smoking is done inside or within duly designated smoking
areas referred to in this Ordinance.
c) Smoking while inside a government-owned or public utility vehicle whether moving or stationery or
while solicitation of passengers is going on or while the vehicle is waiting for passengers.
SECTION 5. – PERSONS LIABLE. The following persons/individuals are deemed liable under this
Ordinance:
a) Any person smoking within the prohibited rooms, areas/individuals mentioned in Section 2 hereof;
b) Any passenger, driver, conductor, or inspector of government-owned vehicles or Public Utility

Vehicles (PUVs) smoking as stated in Section 5 © hereof;
c) The President or Manager in case of a company, corporation, or association or the owner/proprietor

or operator in case of single proprietorship, of accommodation and entertainment establishments,
whether tourism-accredited or not, who knowingly allows, abets or tolerates and/or fails to warn,
advise or report violators of this Ordinance to any policeman or nearest station within three (3)
hours of the violation.
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SECTION 6. – The Municipal Health Office and the Municipal Engineer’s Office are tasked to
inspect and certify to the appropriateness of the designated smoking areas provided by accommodation
establishments whether tourism-accredited or not, taking into consideration the purpose of the law
which is to protect non-smokers from the pernicious effects of tobacco smoke.
Sixty (60) days after the effectivity of this Ordinance, the Municipal Health Office in coordination with
the Licensing Office, shall conduct an ocular inspection of all non-accredited tourism establishments in
the Municipality of Malay to determine compliance with the requirements of this ordinance.
For tourism-accredited accommodation and entertainment establishments, the ocular

inspections shall be conducted by the Municipal Health Office in coordination with the Municipal Tourism
Office and the Licensing Office.
A period of sixty (60) days shall be given to the management of the accommodation and
entertainment establishment to comply with the requirements of this Ordinance. Non-compliance with
the requirements set forth in this section shall be a ground for cancellation of the business permit by the
Licensing Office.
SECTION 7. – Penalties. Violators of this Ordinance shall be subject of a fine of not less than
₱500.00 nor more than ₱2,500.00 or imprisonment of not less than one (1) month nor more than six (6)
months or both, at the discretion of the Court, except for Paragraphs 2 & 3 hereunder.
1) In case of establishments which do not opt to declare their establishment as totally free from
smoking but fails to provide the appropriate designated smoking areas as certified by the Municipal
Health Office and Municipal Engineer’s Office within the 60-day period specified in Section 6 hereof,
their business permit may be revoked;
2) In case where there is failure to warn or advise would-be violators of this ordinance, or failure to
report violators as required in Section 5 hereof or smoking is allowed, abetted or tolerated in the
establishment in violation of this Ordinance, a penalty shall be imposed upon the President or
Manager in case of corporations, partnerships or associations, or the owner, proprietor or operator
in case of single proprietorship, whether tourism-accredited or not as follows:
FIRST OFFENSE – a fine of ₱500.00 or one (1) month imprisonment or both at the discretion of the
Court;
SECOND OFFENSE –
Court;
THIRD AND SUBSEQUENT OFFENSES – A fine of ₱1,500.00 or three (3) months imprisonment or both at the
discretion of the Court.
3) For drivers/passengers of Public Utility Vehicles (PUVs)
FIRST OFFENSE – a fine of ₱300.00 or one (1) month imprisonment or both at the discretion of the
Court;
SECOND OFFENSE – A fine of ₱600.00 or two (2) months imprisonment or both at the discretion of the
Court;
THIRD OFFENSES – A fine of ₱1,000.00 or three (3) months imprisonment or both at the discretion of
the Court.
4) Three (3) violations of this Ordinance shall be a ground for the revocation and cancellation of the
establishment’s business permit.
SECTION 8. – POSTING OF BILLBOARD. The Municipal Engineer’s Office is hereby tasked to put up
billboards in conspicuous places in the Municipality to notify the public of the restrictions, sanctions and
penalties provided in the Ordinance.
SECTION 9. – THE PHILIPPINE NATIONAL POLICE (PNP) is tasked with the proper and vigorous
implementation of this Ordinance.
SECTION 10. – SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this
SECTION 11. – REPEALING CLAUSE. All existing Anti-Smoking Ordinance is hereby repealed.
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SECTION 12. – EFFECTIVITY CLAUSE. The ordinance shall take effect fifteen (15) days after its
approval and publication in a newspaper of local circulation consistent with the provision of the Local
Government Code, as amended.
w.1 MUNICIPAL ORDINANCE NO. 309, s. 2012; AN ORDINANCE AMENDING MUNICIPAL

ORDINANCE NO. 272, SERIES OF 2009 (THE COMPREHENSIVE ANTI-SMOKING
ORDINANCE OF THE MUNICIPALITY OF MALAY, AKLAN).
SECTION 1. - RATIONALE. A perusal of Section 7 of Municipal Ordinance No. 272, Series of 2009,
requires the need to intensify the campaign against smoking to curtail its pernicious effects to health and
society. The increase in penalty is deemed fitting to instill a sense of discipline, social responsibility,
awareness and consideration for one’s well-being and will serve as a strong deterrent to would-be
violators.
SECTION 2. - AMENDMENT. Section 7 of Municipal Ordinance No. 272, Series of 2009 is hereby
amended to read as follows
“SECTION 7. – Penalties. Violators of this Ordinance shall be subjected to a fine of ONE THOUSAND PESOS
(Php1,000.00) or imprisonment of not less than ten (10) days nor more than thirty (30) days or both, at the
discretion of the Court. For the second offense, a fine of ONE THOUSAND FIVE HUNDRED PESOS
(Php1,500.00) or imprisonment of not less than twenty (20) days nor more than thirty (30) days or both, at
the discretion of the Court. A fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or
imprisonment of not less than one (1) month nor more than six (6) months or both, at the discretion of the
Court, shall be imposed for the third and subsequent offenses except for Paragraphs 2 & 3 hereunder.
5) In case of establishments which do not opt to declare their establishment as totally free from
smoking but fails to provide the appropriate designated smoking areas as certified by the Municipal
Health Office and Municipal Engineer’s Office within the 60-day period specified in Section 6 hereof,
their business permit may be revoked;
6) In case where there is failure to warn or advise would-be violators of this ordinance, or failure to
report violators as required in Section 5 hereof or smoking is allowed, abetted or tolerated in the
establishment in violation of this Ordinance, a penalty shall be imposed upon the President or
Manager in case of corporations, partnerships or associations, or the owner, proprietor or operator
in case of single proprietorship, whether tourism-accredited or not as follows:
FIRST OFFENSE – a fine of ONE THOUSAND PESOS (Php1,000.00) or imprisonment of not less than ten
(10) days nor more than thirty (30) days or both, at the discretion of the Court.
SECOND OFFENSE – A fine of ONE THOUSAND FIVE HUNDRED PESOS (Php1,500.00) or imprisonment
of not less than twenty (20) days nor more than thirty (30) days or both, at the discretion of the
Court.
THIRD AND SUBSEQUENT OFFENSES – A fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00)or
imprisonment of not less than one (1) month nor more than six (6) months or both, at the discretion
of the Court.
7) For drivers/passengers of Public Utility Vehicles (PUVs):
FIRST OFFENSE – a fine of ONE THOUSAND PESOS (Php1,000.00) or imprisonment of not less than ten
(10) days nor more than thirty (30) days or both, at the discretion of the Court.
SECOND OFFENSE – A fine of ONE THOUSAND FIVE HUNDRED PESOS (Php1,500.00) or imprisonment
of not less than twenty (20) days nor more than thirty (30) days or both, at the discretion of the
Court.
THIRD AND SUBSEQUENT OFFENSES – A fine of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00)or
imprisonment of not less than one (1) month nor more than six (6) months or both, at the discretion
of the Court.
Page 147
8) Three (3) violations of this Ordinance shall be a ground for the revocation and cancellation of the
establishment’s business permit.
SECTION 3. – AMENDMENT. Section 9 of Municipal Ordinance No. 272, Series of 2009 is

hereby amended to read as follows:
“SECTION 9. Implementation. The Office of the Mayor and its deputized representatives or the Malay
Auxiliary Police (MAP) in coordination with the Philippine National Police (PNP) and other law enforcement
agencies are tasked to properly and strictly implement this Ordinance.
SECTION 4. EFFECTIVITY. This Ordinance shall take effect upon its approval and proper
publication.
(APPROVED: SP RESOLUTION NO. 2012-124, DATED 5-9-12)
x) MUNICIPAL ORDINANCE NO. 277, S. 2009; AN ORDINANCE PRESCRIBING FOR SYSTEMS AND
PROCEDURES, SERVICE STANDARDS AND COMMITMENTS IN THE DELIVERY OF MUNICIPAL
GOVERNMENT FRONTLINE SERVICES TO THE PUBLIC THROUGH THE ADOPTION OF THE
CITIZEN’S CHARTER OF THE MUNICIPALITY OF MALAY – A GUIDEBOOK FOR MUNICIPAL
GOVERNMENT FRONTLINE SERVICES.
SECTION 1. – SHORT TITLE. This Ordinance shall be known as “The Citizen’s Charter of the
Municipality of Malay – A Guidebook for Municipal Government Frontline Services.”
SECTION 2. – PURPOSE. This Ordinance is enacted in pursuance to the provision of Republic Act
No. 9485, otherwise known as the Anti-Red Tape Act of 2007 which requires all government agencies
including local government units to set up their own service standards known as the Citizen’s Charter. It
is also founded on the premise that the government as an institution provides and facilitates numerous
essential public services – one, that is distinguished to be not only effective and efficient but transparent.
Therefore, not only is this legislative measure timely but a paramount policy that brings reform in public
service.
SECTION 3. – DECLARATION OF POLICIES. It is hereby declared the policy of the Municipal

Government of Malay to bring about pro-active and responsible governance by promoting transparency,
accountability, honesty and proper management of the local government affairs and properties. Towards
this end, it shall endeavor to:
1) Adopt a continuous and progressive system of public service delivery which will generate customer
satisfaction;
2) Create an environment conducive to the promotion of responsible and responsive delivery of

services to the public; and
3) Establish a feedback mechanism that would ensure the practicability of the systems and procedures
involved in the delivery of frontline services.
SECTION 4. – CITIZEN’S CHARTER: DEFINITION, NATURE AND SCOPE.
a) DEFINITION. Citizen’s Charter is an official document, a service standard, or a pledge, that

communicates, in simple terms, information on the services provided by the Municipal Government
through its existing offices, units or sections. It describes the step-by-step procedure for availing a
particular frontline service, and the guaranteed performance level that the public may expect from
the service.
b) NATURE AND SCOPE. The Malay Citizen’s Charter herein referred to is a written document, crafted by
the Municipal Steering Committee created through Executive Order No. 198, issued by the Municipal
Mayor.
The Malay Citizen’s Charter is a tool through which the quality of public service can be improved
by letting them know of the frontline service delivered by the offices/units/sections of the Municipal
Government, procedures involved in delivering the service, and what the public should expect and how to
seek remedy if the service standard set is not met.
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SECTION 5. – COMPONENT OF THE CITIZEN’S CHARTER. The Malay Citizens Charter is composed of a
five-part for information composed of the following:
a. MAP OF THE MUNICIPAL GOVERNMENT OFFICES, VISION AND MISSION;
b. THE MUNICIPAL GOVERNMENT FRONTLINE SERVICES which are divided into two (2) major frontline service
categories, the Economic and Related Services and Social and Related Services. The Economic and
Related Services contains list of services rendered in the areas of business and investment,
infrastructure, agriculture, transport and traffic management, livelihood and employment, and other
related service while the Social and Related Services contains a list of services along the areas of
administration, civil registration. Legislative, local planning, general services, health, real property
assessment, social welfare, tourism and solid waste management; and
c. SERVICE STANDARDS AND PERFORMANCE PLEDGES. The service standards provide information about the
service, the requirements involved, fee or charges (If necessary, the procedures involved, the time
needed to do the service and the person responsible in delivering the service. Aside from which, the
Municipal Government commits to adhere on the provisions of Republic Act No. 9485, particularly
Section 8 and 9 of the said Act. On the other hand, the performance pledge expresses the
commitment of the service provider; and
d. COMPLAINTS AND REDRESS MECHANISM. The Municipal Government through its officials and employees
shall guarantee the delivery of the service as promised in the Citizen’s Charter. For this purpose,
feedback mechanisms shall be provided but not limited to the establishment of information or
service desk, putting-up of suggestion boxes in offices, and making accessible customers feedback
from.
In the event that the customer is not satisfied with the level of service performance, a complaint
may be brought to the notice of their respective Head of Office for immediate redress. If the
complaint is not rectified to satisfaction, the matter may be brought to the attentions of the Municipal
Mayor.
SECTION 6. – DECLARATION OF COMMITMENT AND DUTY. The Municipal Government of Malay

through its officials and employees declares the following commitment and duty, as follows:
6.a Ensure the delivery of the guaranteed performance level as laid down in the duly adopted Citizen’s
Character;
6.b Undertake review of the Citizen’s Charter, not less than once every two years to guarantee the
responsiveness of the systems and procedures involve in delivering a particular frontline service;
and
6.c Deliver the services with honesty, transparency and accountability.
SECTION 7. – FUNDING. The Municipal Government shall provide in its Annual Budget not less
than ½ of 1 percent of the total allocation for Maintenance and Other Operating Expenses.
SECTION 8. – SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of the
Ordinance shall be held unconstitutional, inoperative or invalid, other parts of provisions which are not
affected shall continue to be in force and effect.
SECTION 9. – REPEALING CLAUSE. Ordinances, executive orders and other administrative issuance
or any of its part or parts inconsistent with this Ordinance are hereby repealed, amended or modified
accordingly.
SECTION 10. – EFFECTIVITY. This ordinance shall take effect fifteen (15) days upon approval.
y) MUNICIPAL ORDINANCE NO. 279, s. 2009; AN ORDINANCE ENACTING THE REVISED REVENUE
CODE OF THE MUNICIPALITY OF MALAY.
ENACTED. JULY 15, 2009. APPROVED. SEPTEMBER 9, 2009.

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(SEPARATE COPY)
y.1 MUNICIPAL ORDINANCE NO. 336, S. 2014; AN ORDINANCE AMENDING CHAPTER IV

(ARTICLE E) OF THE REVISED REVENUE CODE OF THE MUNICIPALITY OF MALAY
INCREASING THE RATES/FEES OF LABORATORY SERVICES RENDERED BY THE
MUNICIPAL HEALTH OFFICE OF LGU-MALAY.
SECTION 1. RATIONALE. A perusal of Chapter IV, Article E of Municipal Revenue Ordinance No.
279, Series of 2009, requires the need to raise the old rates/fees of clinical laboratory services in order to
cope up with increasing prices of supplies, the maintenance of upgraded/new laboratory
facilities/machines, and in turn enhance the services to the public.
SECTION 2. AMENDMENT. Section 4E.01 of Municipal Revenue Ordinance No. 279, Series of 2009
is hereby amended to read as follows:
The following laboratory fees shall be collected for every laboratory service rendered by the
Municipal Health Offices:
A. HEMATOLOGY
1. CBC (Complete Blood Count) . . . . . . ₱ 130.00
2. Hemoglobin/Hematocrit . . . . . . . . . . 60.00
3. Platelet Count . . . . . . . . . . . . . . . . . 90.00
4. Blood Typing
a. With Rh . . . . . . . . . . . . . . . . . . . 130.00
b. ABO System . . . . . . . . . . . . . . . 20.00
5. CBC (Platelet) . . . . . . . . . . . . . . . . . . 200.00
6. WBC (White Blood Cell Count) . . . . . 20.00
7. RBC (Red Blood Cell Count) . . . . . . 20.00
8. Differential Count . . . . . . . . . . . . . . . . 40.00
B. CLINICAL MICROSCOPY AND SEROLOGY
1. FECALYSIS
a. Routine Fecalysis . . . . . . . . . . . . . .₱ 75.00
b. Special Test/Concentration. . . . . . 150.00
2. ROUTINE URINALYSIS ............ 75.00
SEROLOGY:
1. Pregnancy Test Serum . . . . . . . . . . . .₱ 200.00
2. Pregnancy Test Urine. . . . . . . . . . . . . . 180.00
3. HBsAg (Hepatitis B Surface Antigen) . 280.00
4. RPR . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00
5. Anti-TP . . . . . . . . . . . . . . . . . . . . . . . . 300.00
6. Dengue Test . . . . . . . . . . . . . . . . . . . . .1,400.00

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7. HIV . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00
8. Typhi-dot (Salmonella Typhi). . . . . . . . 800.00
C. BACTERIOLOGY
1. Gram Stain . . . . . . . . . . . . . . . . . . . ₱ 120.00
2. AFB . . . . . . . . . . . . . . . . . . . . . . . . 80.00
D. BLOOD CHEMISTRY
1. FBS (Fasting Blood Sugar). . . . . . ₱ 120.00
2. BUN (Blood Urea Nitrogen). . . . . . 130.00
3. Creatinine . . . . . . . . . . . . . . . . . . . . 130.00
4. Uric Acid . . . . . . . . . . . . . . . . . . . . 130.00
5. Lipid Profile. . . . . . . . . . . . . . . . . . . 500.00
a. Total Cholesterol . . . . . . . . . . . . . 140.00
b. Triglycerides . . . . . . . . . . . . . . . . . 200.00
c. HDL/LDL . . . . . . . . . . . . . . . . . . . 140.00
6. SGPT . . . . . . . . . . . . . . . . . . . . . . . . . 150.00
7. SGOT . . . . . . . . . . . . . . . . . . . . . . . . . 150.00
SECTION 3. SEPARABILITY CLAUSE. If for any reason, any part or provision of this ordinance shall
be declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration.
which are inconsistent with this ordinance are hereby repealed and modified accordingly.
publication.
(APPROVED. SP RESOLUTION NO. 243, S. 2014, DTD. 11-5-14)
z) MUNICIPAL ORDINANCE NO. 282, S. 2009; AN ORDINANCE REGULATING THE OPERATION OF

INTERNET CAFÉ’/COMPUTER GAMES CENTER IN THE MUNICIPALITY OF MALAY, AKLAN.
(SPONSOR: HON. MATEO A. TAYCO)
Be it ordained by the Sangguniang Bayan of Malay, Aklan that;
SECTION 1. – RATIONALE. Pursuant to the general welfare clause of R.A. 7160, also known as the
Local Government Code of 1991, there is a felt need to enact a viable measure which shall provide
appropriate defense mechanics designed to shield minor computer game customers from the negative
effects particularly skipping classes and spending their allowances just to play computer games.
a) INTERNET CAFÉ’/COMPUTER GAME CENTERS – any establishment maintaining/operating computer games

for fee irrespective of the number of units whether licensed or not.
b) OPERATOR – shall include the owner, manager, administrator or any person who operates and is
responsible for the operation of any computer center.
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c) EDUCATIONAL CENTER SCHOOL – all institutions of learning, whether private or public.
d) CHILD – refers to:
(a) Unborn Child as defined in the Family code and the New Civil Code;
(b) A person under the age of 18 years; or
(c) 18 years old and above but is unable to fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or condition, as
provided for in Section 3 (1) RA 7610, RA9262, RA 9208.
SECTION 3. – REQUIREMENTS. No Internet Café’/Computer Game Centers shall be opened for

business operation unless the same has been certified to by the Municipal Health Office as having
complied with the requirements of the Health Office, and by the Municipal Engineer to certify as to the
structural fitness and stability of the building and safeguard facilities for radioactivity as requirements
for securing business permit.
SECTION 4. – REGULATIONS.
a) Internet Café’/Computer Game Centers should not allow children during and between the hours from
7:00 a.m. to 11:00 in the morning and 1:00 p.m. to 4:00 p.m. and beyond 7:00 o’clock in the evening
except on Saturdays, Sundays and Holidays, unless for specific educational or study purposes such as
research, data-gathering or statistical purposes.
b) It shall be the duty of the parents, guardians, teachers in all levels and school authorities to supervise
and monitor the activities of their children/pupils/students, extending to them the benefits of moral
guidance, self-discipline and advising them the proper time when to indulge in computer games and
on any matter affecting their development and well being.
c) Internet café/computer game center operators are required to post on their premises warning signs
to keep students out of their establishments during school hours.
d) Entrance door of internet café/computer game centers should be transparent and must not be blind
tinted.
e) No internet café/computer game centers with cubicles shall be allowed to operate.
f) Internet café/computer game centers should install filtering software against pornographic, satanic
violent and rebellious sites.
g) The operator shall set up monitor filter to safeguard radioactivity.
h) The operator should lock the website or all sources of games in the computer during the said
regulated hours.
i) The operator shall disallow the use, consumption as well as trade of prohibited drugs, intoxicating
beverages and cigarettes within the premises of their establishment.
j) Downloading of movies which is a method of piracy is prohibited.
k) Internet café/computer game centers should install genuine operating system duly licensed by
Microsoft on their computers.
SECTION 5. – EXEMPTION. Any educational institution, private home and corporate entity using
the internet through an Internet Service Provider for purposes other than business shall not be covered
by this ordinance.
SECTION 6. – PENALTIES. Violation of the provisions of this ordinance shall be penalized on the
following manners:
FIRST OFFENSE - a fine of ₱1,000.00
SECOND OFFENSE - a fine of ₱2,000.00

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THIRD OFFENSE - The permit for the operation of the Internet Café/ Computer Game Center shall be
withdrawn by the Municipal Mayor’s Office and the License thereof will be revoked, forfeiting to the
Municipality all sums paid thereto, and shall be penalized by fine of ₱2,500.00 or an imprisonment of six
(6) months or both such fine and imprisonment at the discretion of the court.
SECTION 7. – IMPLEMENTING AGENCY. The implementing agency of this ordinance shall be the
personnel of the Municipal Treasurer’s Office and the Philippine National Police.
SECTION 8. - SEPARABILITY CLAUSE. If for any reason, any section or provision of this ordinance will be
held unconstitutional or invalid by any court of competent jurisdiction, such judgment shall not affect or
impair the other provisions or parts thereof which shall continue to be in force and in effect.
SECTION 9. – REPEALING CLAUSE. All ordinances, rules and regulations inconsistent with this
ordinance are hereby repealed and/or modified accordingly.
SECTION 10. – EFFECTIVITY. This ordinance shall take effect upon its approval and publication.
aa) MUNICIPAL ORDINANCE NO. 284, S. 2010; AN ORDINANCE ESTABLISHING THE BARANGAY
SPECIAL BENEFIT AND SERVICE IMPROVEMENT SYSTEM (BSBSIS), CREATING THE NECESSARY
FINANCE AND ORGANIZATIONAL MECHANISMS, AND APPROPRIATING FUNDS THEREOF.
(SPONSORS: HON. ROLDAN M. CASIDSID, CHAIRMAN, SB COMMITTEE ON BARANGAY AFFAIRS/PRESIDENT,

LIGA NG MGA BARANGAY – MALAY CHAPTER, HON. CRISTINA C. PRADO, CHAIR PERSON,
SB COMMITTEE ON APPROPRIATIONS, HON. ROWEN T. AGUIRRE, CHAIRMAN, SB COMMITTEE ON LAWS)
EXPLANATORY NOTE:
The Local Government Code of 1991 has set the directions for local government units to be
creative and innovative in the exercise of its powers to become more attuned to the call of a more
genuine and meaningful local autonomy within the bounds of decentralization. Over the years, local
governments have managed to showcase countless and noteworthy experiences that manifest the gains
of local autonomy– one that is attaining their fullest development as self-reliant communities and has
proved to become more effective partners in the attainment of national goals.
In 2006, the Liga ng mga Barangay–Malay Chapter has launched a program designed to grant
special benefit to barangay tanods by providing them financial assistance in case of untimely death
during their incumbency, medical assistance, and human resource improvement, such as providing
trainings, equipage, etc. The program was seen to be successful that it progressed by expanding the
program coverage to include elective barangay officials, barangay secretaries, treasurers, and other
appointive barangay officials and employees.
The program functions as a response to the various Local Government Code provisions on
providing additional benefits, assistance and other forms of support for barangay officials and employees,
to enumerate as follows:
1. Section 393 of the Local Government Code of 1991 provides that barangay officials shall be accorded
the following benefits:
A. Be entitled to free medical care including subsistence, medicines, and medical attendance in any
government hospital or institution: Provided, that such hospital care shall include surgery or
surgical expenses, medicines, X-rays, laboratory fees, and other hospital expenses.
In case of extreme urgency where there is no available government hospital or

institution, the barangay official attendance to the nearest private clinic, hospital or institution
and the expenses not exceeding Five thousand pesos (P5,000.00) that may be incurred therein
shall be chargeable against the funds of the barangay concerned. [Section 393 (b) (3), LGC of
1991]
This codal provision however, cannot be effectively implemented by the barangays due
to the lack or insufficiency of funds, especially so, that the same must be an item expenditure of
the annual or supplemental budget. Most if not all barangays has scarcity of resources to finance
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its development projects, that setting–up a reasonable amount for said purposes is seen as
unnecessary.
B. All duly appointed members of the barangay tanod brigades, or their equivalent, which
shall number not more than twenty (20) in each barangay, shall be granted insurance or other
benefits during their incumbency, chargeable to the barangay or the city or municipal
government to which the barangay belongs. [Section 393 (d), LGC of 1991].
Several barangays prior to the implementation of the program has allocated and
bought insurance coverage for members of the barangay tanods with private insurance
companies but the same must be renewed and paid annually, seemingly thought of as wasting
resources.
The local chapter of the Liga ng mga Barangay proposed to pool financial resources by
maintaining a fund which will address the grant of insurance or other benefits to barangay
tanods with funds continuously growing and increasing.
Section 447 (a) (1), Local Government Code of 1991 provides that Sangguniang Bayan shall:
A. Provide for legal assistance to barangay officials who, in the performance of their official duties or on
the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action.
[Section 447 (a) (1) (xii)]; and
B. Provide for group insurance or additional insurance coverage for barangay officials, including
members of barangay tanod brigades and other service units, with public or private insurance
companies, when the finances of the municipal government allow said coverage. [Section 447 (a) (1)
(xii)].
SECTION 1. ESTABLISHMENT OF THE BARANGAY SPECIAL BENEFIT AND SERVICE IMPROVEMENT SYSTEM
[BSBSIS]. – There is hereby established a system of granting benefits to barangay officials and employees,
to be known as the Barangay Special Benefit and Service Improvement System.
SECTION 2. DEFINITION OF TERMS. - As used in this Ordinance, the following words or phrases are
defined as follows:
a. Benefits shall refer to cash benefit paid to the beneficiary(ies)/heir(s)/ claimant(s) of the barangay
officials or employees which include additional death benefit, medical or hospital assistance, cash
legal assistance or human resource improvement assistance.
b. Beneficiary(ies) shall refer to the person or persons designated by the barangay official or employees
in the Barangay Officials and Employees Information Sheet (BOEIS) filed with the Office of the
Municipal Mayor during his/her incumbency, to receive the benefit in case of death or
hospitalization, subject to the limitations provided under the New Civil Code.
The beneficiary(ies)/claimants herein referred are classified into the following:
(1) The primary beneficiary(ies) are the legitimate dependent spouse and the legitimate,
legitimated, legally adopted and illegitimate dependent children of the barangay official or
employee;
(2) The secondary beneficiary(ies) are the dependent parent)s); and
(3) In the absence, any other person designated by the barangay official or employee in the
Barangay Official’s and Employee’s Information Sheet (BOEIS)
c. Barangay Official’s and Employee’s Information Sheet (BOEIS) shall refer to the duly filled –up
document designed for the purpose of generating information for the System. The document shall be
filed with the Office of the Mayor by the official or employee within thirty (30) days from the date of
assumption to duty.
d. Barangay Special Benefit and Service Improvement Fund is a special account under the General Fund,
managed by the BSBSIS Fund Management Committee.
SECTION 2. COVERAGE.
A. All component barangays of the Municipality shall be eligible to be part of the System.
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B. Incumbent elective and appointive barangay officials and employees. Elective Officials include the
Punong Barangay, Sangguniang Barangay Members, SK Chairman and Sangguninang Kabataan
Members while appointive officials and employees include barangay secretary, barangay treasurer,
barangay tanods, barangay nutrition scholars, day care workers, members of the Lupong
Tagapamayapa, barangay health workers and other employees duly appointed by local authorities.
SECTION 3. ENTITLEMENTS. – The beneficiary(ies)/heir(s)/claimant(s) of the officials or employees

shall be entitled to the following benefits, upon submission of the required documents as prescribed
under Section 6.2 of this Ordinance.
3.A ADDITIONAL DEATH BENEFIT
 Barangay Officials and Employees, who at the time of his/her incumbency, encountered
inevitable circumstances resulting to the death of the official or employee shall be entitled
to death and financial Aid as follows:
POSITION AMOUNT OF BENEFIT

Punong Barangay Php 20,000.00
Sangguniang Barangay Members, SK Chairman,
PhP 15,000.00
Barangay Secretary, and Barangay Treasurer
Barangay Tanods, SK Members, BNS and DCW PhP 10,000.00
BHW’s, Lupong Tagapamayapa and other employees PhP 5,000.00
3.B MEDICAL OR HOSPITAL ASSISTANCE
Barangay Officials or employees, who have submitted himself/herself for medical

attendance to hospitals or private clinics, shall be entitled to:
 For non-PHILHEALTH member, Three Thousand Pesos [Php 3,000.00]. The amount shall
be extended as medical assistance for medical cases requiring surgical operations and
confinement of more than three (3) days
 Below 3 days confinement, the actual amount of hospital bills or an amount not exceeding
2,000, whichever is lower.
 For PHILHEALTH members or beneficiary will be entitled to the following medical

assistance:
 Three Thousand Pesos [Php 3,000.00], if the hospital or cost of medical care incurred is
in excess of Ten Thousand pesos after deducting PHILHEALTH assistance
[confinement of more than three (3) days].
 Two Thousand Pesos [Php 2,000.00], if the hospital or cost of medical care incurred is in
excess of Six Thousand pesos after deducting PHILHEALTH assistance. [Actual amount
of hospital bills or an amount not exceeding 2,000, whichever is lower.]
3.C HUMAN RESOURCE IMPROVEMENT ASSISTANCE
A reasonable portion of the system’s fund shall be allocated to support the following:
3.c.1 Capacity development needs of barangay officials or employees which shall include training
assistance and similar interventions, subject however, to the approval of the Fund Management
Committee;
3.c.2 Awards and incentives to exemplary performing barangay officials and employees.
3.D CASH LEGAL ASSISTANCE
Cash Legal Assistance to barangay officials or employees in the amount of not exceeding
TWO THOUSAND PESOS (Php2,000.00) who, in the performance of their official duties or on the
occasion thereof, have to initiate judicial proceedings or defend themselves against legal action.
SECTION 4. CREATION OF THE BARANGAY SPECIAL BENEFIT AND SERVICE IMPROVEMENT SYSTEM [BSBSIS]
FUND.The funds intended to support the System is HEREBY CREATED and shall come from the following
sources:
A. INITIAL FUNDING. – The amount of Three Hundred Thousand Pesos (Php 300,000.00) shall be
transferred from the account of the Liga ng mga Barangay to the Barangay Special Benefit and
Service Improvement Fund.
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B. BARANGAY CONTRIBUTION. – The amount of Three Thousand Pesos (Php 3,000.00) pesos shall be
collected from the component barangays as Annual Contribution, chargeable against barangay
funds, subject to the existing budgeting, accounting and auditing rules. For purposes of
budgeting, the amount shall be one of the items of expenditures on the Barangay’s Annual Budget.
C. CONTRIBUTION FROM THE MUNICIPAL AND PROVINCIAL GOVERNMENT. The Municipal Government shall
allocate not less than One Hundred Thousand Pesos (Php 100,000.00) annually and the same shall be
an item of expenditures of the Municipality’s Annual Budget.
D. DONATION/GRANTS AND AIDS
SECTION 5. CREATION OF A FUND MANAGEMENT COMMITTEE; DEFINING IT’S DUTIES AND FUNCTIONS. –
A. There is hereby created a BSBSIS FUND MANAGEMENT COMMITTEE to be composed of the following:
Chairperson : Municipal Mayor
Vice–Chairperson: SB Member, Chairman – Committee on Barangay Affairs/President, Liga ng

mga Barangay
Members : (1) Punong Barangay [to be selected by the Liga ng mga Barangay
(2) MLGOO, DILG
(3) Municipal Accountant
(4) Municipal Treasurer
B. DUTIES AND FUNCTION. – The BSBIS Fund Management Committee shall exercise the following duties
and functions:
1. Promulgate supplementary rules and regulations necessary to implement any provision(s) of

this Ordinance;
2. Evaluate and approve all application for benefits or assistance;
3. Evaluate and approve duly submitted proposals or designs prescribed in the grant of Human
Resource Improvement Assistance;
4. Generate or access funds to adequately support the needs of the System;
5. Authorize the Municipal Treasurer to disburse funds from the Barangay Special Benefit and
Services Improvement System (BSBSIS) Fund pursuant to the budget prepared and in
accordance with existing rules and regulations; and
6. Exercise such other duties and functions necessary and appropriate.
C. The Committee shall be supported by a SECRETARIAT which shall be composed of the following:
Secretariat : Most Senior Staff, Office of the Mayor
Members : (1) Secretary, Liga ng mga Barangay

(2) Treasurer, Liga ng mga Barangay
(3) Other support designated by Municipal Mayor
The Committee Secretariat shall perform the following functions:
1. Provide administrative support to the needs of the BSBSIS Fund Management Committee;
2. Maintain and update Master List of barangay officials and employees once every six (6) months;
3. Receive and process application for additional benefit and/or assistance;
4. Other duties and function as may be directed by the BSBSIS Fund Management Committee.
SECTION 6. PROCEDURES FOR AVAILMENT. – The following procedures shall be observed in the
grant of benefits or claim, to wit:
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1. SUBMISSION OF THE DULY FILLED–UP APPLICATION FOR THE BENEFIT or Assistance (BSBSIS Form No. 02-A,
BSBSIS Form No. 02-B, and BSBSIS Form No. 02-C) duly endorsed by the Punong Barangay, in case
of Sangguniang Barangay Members, appointive officials and employees or DILG Officer, in case of
Punong Barangays. The application shall be supported by: (a) a certified true copy of death
certificate, in case of death; (b) hospital billing, in case of medical or hospital assistance; (c) a
certified true copy of the complaint, in case of cash legal assistance; and program design duly
approved by the BSBSIS Fund Management Committee, in case of human resource improvement
assistance.
All application shall be submitted to the Office of the Municipal Mayor through the Punong
Barangay or DILG Officer, as the case may be, within which the barangay officials or employees is
elected or employed. The document shall serve as reference in the issuance of checks to the
claimants.
2. REQUIREMENTS IN CLAIMING PAYMENTS OF BENEFITS OR CLAIMs. The claimant shall present any of the
following documents, whichever is applicable, when claiming the payment of benefits or assistance:
a. Certified true copy of Marriage Certificate (If the claimant is the widow/widower.);
b. Certified true copy of Birth Certificate of the Claimant (If the claimant is the
son/daughter/sibling.);
c. Affidavit of Self–Adjudication (If the claimant is the sole heir.);
d. Deed of Extra–Judicial Adjudication and Waiver of Rights and Interests (To show proof that
other claimant waives their rights over co-claimant or third person.);
e. Affidavit of Guardianship (If the surviving spouse has minor children.);
f. If single, Birth Certificate of the Deceased and Marriage Certificate of Parents (To show proof of
relationship, if the claimant is the parent or sibling.);
g. In the absence of a primary and secondary beneficiary(ies), the claimant(s) may present valid
ID’s or a certification from the barangay that he/she is the qualified claimant;
h. Other documents
3. PROCESSING OF CLAIMS. All claims for benefits and assistance shall be acted upon and settled by the
BSBSIS Fund Management Committee within thirty (30) days upon submission of all required
documents.
4. FORMS
(a) BSBSIS Form No. 1 - Barangay Officials and Employees Information Sheet
(b) BSBSIS Form No. 2-A - Application for Additional Death Benefit
(c) BSBSIS Form No. 2-B - Application for Medical or Hospital Assistance
(d) BSBSIS Form No. 2-C - Application for Cash legal Assistance
SECTION 7. LIMITATIONS ON THE GRANT OF ADDITIONAL DEATH BENEFIT OR MEDICAL AND HOSPITAL
ASSISTANCE. In case of additional death benefit or medical or hospital assistance, No benefits shall be
granted to the beneficiary official or employee or any of its rightful claimant if the cause of death or
hospitalization is either SUICIDE, or unlawful acts resulting to such death or hospitalization.
SECTION 8. PERIODIC REVIEW AND EVALUATION. This Ordinance shall be reviewed not oftener than once
every three years, upon the recommendation by the majority of all members of the Liga ng mga Barangay
or the BSBSIS Fund Management Committee.
SECTION 9. REPEALING CLAUSE. – Any ordinances, policies, rules and regulations inconsistent
herewith is hereby repealed or modified accordingly.
SECTION 10. SEPARABILITY CLAUSE. – If for any reason or reasons, any part or provision of these
Ordinance shall be held invalid by a competent Court, other parts or provisions thereof that are not
affected shall remain in force and effect.
SECTION 11. EFFECTIVITY CLAUSE. – This Ordinance shall take effect after fifteen (15) days
from the date of posting.
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bb) MUNICIPAL ORDINANCE NO. 295, s. 2011; AN ORDINANCE ADOPTING GUIDELINES

AND PROCEDURES FOR ENTERING INTO PUBLIC-PRIVATE PARTNERSHIP
AGREEMENTS WITH THE MUNICIPALITY OF MALAY.
(SPONSOR: HON. JONATHAN C. CABRERA)
ENACTED. MARCH 8, 2011. APPROVED. MARCH 29, 2011.
(SEPARATE COPY)
cc) MUNICIPAL ORDINANCE NO. 299, S. 2011; AN ORDINANCE ADOPTING ADMINISTRATIVE

ORDER NO. 2008-0029 OF THE DEPARTMENT OF HEALTH IMPLEMENTING HEALTH REFORMS
FOR RAPID REDUCTION OF MATERNAL AND NEONATAL MORTALITY.
SECTION 1. RATIONALE. The Local Government of Malay is concerned with the plight of every
woman’s pregnancy and childbirth. Maternal and infant mortality has been on the rise these recent years
due to unplanned and unsupported pregnancy, pregnancy with inadequate care, delivery without proper
facilities and assistance of skilled birth attendants and lack of afterbirth care. Thus, it is imperative that
reforms in the health sector be introduced to reduce the risk of maternal and neonatal deaths and look
after the health and safety of every mother and child.
SECTION 2. ADMINISTRATIVE ORDER 2008-0029. ADOPTION. Administrative Order 2008-0029 of

the Department of Health, which addresses the problem in relation to maternal and neonatal mortality, is
hereby adopted as part of the local ordinances of the Municipality of Malay.
dd) MUNICIPAL ORDINANCE NO. 301, S. 2011; AN ORDINANCE GRANTING BONAFIDE MALAYNONS
EXEMPTION FROM FEES ON MANDATED PRE-EMPLOYMENT DOCUMENTARY REQUIREMENTS
FROM LOCAL GOVERNMENT AGENCIES.
(SPONSORED BY: HON. JUPITER AELRED G. GALLENERO)
SECTION 1. RATIONALE. The Municipality of Malay pursues the guiding principles of general
welfare by providing services to its constituents. The Island of Boracay being the center of Commerce and
Tourism, the search for employment alone is already an arduous task and the subsequent employment
requirements that entails cost further burdens the pocket of the about to be employed Malaynon. It is in
this regard that exempting the Municipality’s natives from fees on mandated pre-employment
documentary requirements will lessen their economic problems and enjoy the benefits of having an
occupation.
SECTION 2. DECLARATION OF POLICY. Every first time bonafide Malaynon employment/job-seekers

required to submit mandated pre-employment documentary requirements shall be exempted from
paying fees for these documents which are obtainable or issued by the Local Government of Malay. For
purposes of this Ordinance, a MALAYNON refers to one who was born in the Municipality of Malay or
whose parent was born in the Municipality of Malay or whose spouse is a Malaynon as herein defined.
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SECTION 3. COVERAGE. Only first-time Bonafide Malaynon employment/job-seekers are covered

by the exemption. The following documentary requirements, exclusive of all others, shall be free of
charge for a Malaynon upon showing of documentary proof of being a Malaynon;
1. Police Clearance
2. Mayor’s Clearance/Occupational Permit
3. Medical Certificate
SECTION 4. DOCUMENTARY REQUIREMENTS FOR EXEMPTION. Every first-time Bonafide Malaynon

employment/job-seekers must present their Birth Certificate in order to avail of the exemption.
SECTION 5. ADMINISTRATIVE PROVISION. The Office of the Municipal Mayor may issue implementing
guidelines for purposes of this Ordinance in coordination with the Public Employment Service Office
(PESO) of the Municipality to fully implement this mandate.
SECTION 6. SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this
SECTION 7. Repealing Clause. Any ordinance, orders, rules and regulations or any part thereof
ee) MUNICIPAL ORDINANCE NO. 306, S. 2012; AN ORDINANCE REQUIRING ALL BUSINESS AND
COMMERCIAL COMPLEXES AND ESTABLISHMENTS AND OTHER PLACES AND SPACES
CONSIDERED AS HIGH RISK TO INSTALL CLOSE CIRCUIT TELEVISION (CCTV) CAMERA AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
(SPONSOR: HON. JONATHAN C. CABRERA)
WHEREAS, Sec. 16 of the Local Government Code of 1991 (R.A. 7160) provides that local
government units shall exercise its powers expressly granted, and those that are necessarily implied
therefrom, which are necessary and essential to the promotion of the general welfare of its inhabitants;
WHEREAS, Sec. 447 of the same code provides that local government units may “maintain peace
and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for violations thereof”;
WHEREAS, there are numerous unsolved cases in the Municipality of Malay, particularly in
Boracay Island, that are mostly happening inside the premises of establishments such as thefts, robberies,
including other costumer’s complaints.
WHEREAS, there is a need to require various establishments in Boracay Island to assist the
police authorities in the investigation, gathering of evidence and identification of suspects;
WHEREAS, the use of CCTV cameras has been proven to be an incredibly useful tool in aiding the
police in investigations, preventing thefts and other crimes, protecting the company and employees
against physical or verbal attacks from the general public, settling of disputes and keeping of records;
WHEREAS, The Municipality of Malay, is in active pursuit of programs and measures that
endeavour to create an environment conducive to the advancement of local trade and commerce and
considers business its indispensable partner in the promotion of progress and development.
NOW, THEREFORE, BE IT ORDAINED by the Sangguniang Bayan in SESSION ASSEMBLED, that:
SECTION 1. TITLE. This ordinance shall be known as the “CCTV CAMERA Ordinance of the
Municipality of Malay.”
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SECTION 2. DECLARATION OF POLICY. It is hereby declared the policy of the Municipal Government
of Malay to protect the security and well-being of its constituents from criminality and lawlessness by
enacting sound measures for the maintenance of peace and order within its jurisdiction.
It is also the policy of the Municipal Government of Malay to ensure that the fundamental rights
of an individual to privacy is not and will not be unreasonably hampered nor curtailed other than what is
necessary for the protection of the welfare of the public in general.
Thus, in the enactment and implementation of this Ordinance, the Municipal Government of
Malay reiterates and affirms its adherence and full respect for every individual’s fundamental right to
privacy by regulating the installation and use of video surveillance camera or CCTV, ensuring that Feed
Locations are limited to public spaces only and by the provision of proper safeguards against
unauthorized viewing and/or disclosure of video recordings made in accordance therewith.
SECTION 3. DEFINITION OF TERMS. For the purposes of this Ordinance, the following terms shall mean:
BUSINESS ESTABLISHMENTS – refers to banks and their satellite offices, branches and automated teller
machines (ATMs), money changers, pawnshops, credit facilities and other similar lending and financial
institutions, as well as other high risk commercial complexes or establishments as may be identified by
the CCTV Camera Council.
CLOSED-CIRCUIT TELEVISION OR CCTV – refers to video surveillance camera used to transmit visual
information to a monitor or a number of monitors.
COMMERCIAL COMPLEX AND ESTABLISHMENT – refers to a building or structure or a set of buildings or

structures usually owned by a single owner, company or corporation housing under its roof several
business entities of varied natures by various owners.
CRITICAL ASSETS – persons, properties or resources of the Municipality that may be in need of protection or
recovery, or is in danger of destruction.
CULLING – the process by which records of feeds are picked out or selected to be discarded or destroyed.
DESIGNATED SECURITY PERSONNEL – police or civilian personnel authorized to operate or use particular
CCTV camera or cameras.
FEEDS – are visual information or images transmitted by video surveillance cameras to the monitors.
FEED LOCATIONS – areas that are covered or viewed by video surveillance camera.
HIGH RISK AREAS – refers to commercial complexes and establishments or other places and spaces with
common business areas where there is a greater degree of susceptibility to occurrence of accidents or
criminalities because of the numerous financial, social or business interactions, or places and spaces
where critical assets or properties of the Municipality are situated.
MONITORS – the screens or other devices on which Feeds are viewed.
NEW BUSINESS ESTABLISHMENTS – refers to newly created trading or commercial concerns undergoing
application for business permit or the license to operate prior to the effectivity of this ordinance.
OLD BUSINESS ESTABLISHMENTS – refers to existing business establishments that have duly secured current
business permit or the license to operate and are already operating at the time of the effectivity of this
ordinance.
RECYCLING – refers to a process by which records or tapes of Feeds or visual information may be erased
through overrun by another or new visual information.
SATELLITES BRANCHES/OFFICES – refers to small extension offices of business concerns such that of banks,
airline companies and the like.
SECTION 4. SCOPE OF APPLICATION AND INSTALLATION OF VIDEO SURVEILLANCE CAMERAS. All business
establishments and other commercial complexes and establishments and places and spaces considered
as high risk areas as defined herein are hereby mandated to install video surveillance cameras and
monitors in the premises of their establishments subject to limitations prescribed herein and by the
CCTV Camera Council created for the purpose.
CCTV surveillance cameras are also hereby required of the Municipal Government to be installed
in identified high risk areas and public spaces or places of the Municipality for protection, traffic
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monitoring and crime prevention and detection, its treasury, storage facilities, and other critical assets
for protection and preservation.
The provision of the preceding paragraph likewise applies to all commercial establishments
and financial institutions and government or non-governmental offices which may not be considered as
high risk but have installed or affixed CCTV Cameras in their place of work or commerce prior or
subsequent to the enactment of this Ordinance.
A written notice declaring the presence of a CCTV Camera or cameras in any business or commercial
establishment/s so covered by this Ordinance must be posted by the owner/s in conspicuous place or
places within the vicinity of the establishment.
SECTION 5. REQUIREMENT FOR BUSINESS REGISTRATION. A Certificate of Compliance (COC) must be

secured by new business establishments specified in Section 4, paragraphs 1 and 2 from the CCTV
Camera Council as a requirement by the Municipal Government for the approval of their business permit
applications. Likewise, same COC shall be required of old business establishments, those in paragraph 3
of the same section included, as a requisite upon every renewal of their business permits.
SECTION 6. CREATION AND COMPOSITION OF CCTV CAMERA COUNCIL. A CCTV Camera Council shall
be created as an oversight body tasked with the approval, control and supervision of all CCTV Camera use
and installation composed of the Municipal Mayor or his designated representative as chairman, the
Malay PNP and Boracay Special Tourist Police Office Chiefs or of their designee as co-chairmen, the
Municipal Engineer, Sangguniang Bayan Committee Chairman on Public Safety and two (2) members
from the business sector within thirty (30) days after the approval of this ordinance.
SECTION 7. SPECIFIC POWERS OF THE CCTV CAMERA COUNCIL. The CCTV Camera Council shall have
the following specific powers and functions:
1. Create and adopt Policies and Procedures Manual within sixty (60) days after its creation setting up
the criteria and standards for CCTV cameras and monitors;
2. Maintain a log of all CCTV cameras and their corresponding feed locations, the dates of their
approval, and the criteria used for their approval;
3. Maintain a log of the name/s of designated person/s authorized to handle, operate, and preserve the
records or tapes of CCTV cameras of each establishment;
4. Create a task force that shall have visitorial powers to inspect, evaluate and monitor establishments
with CCTV cameras at any given time so as to determine compliance with the ordinance;
5. Monitor and inspect all preserved/stored feeds, the date the records were taken, and determine
when such records of feeds are due for recycling or culling;
6. Receive and/or approve application for CCTV installation prerequisite to issuance of Certificate of
Compliance;
7. Recommend to the Municipal Mayor, the approval or renewal of business permits of establishments
so affected by the ordinance as well as the suspension or revocation of the same;
8. Identify businesses, commercial complexes and establishments, or other places and spaces which
may be considered as high risk as defined under the Ordinance; and
9. Perform such other duties and functions as may be set forth in the Policies and Procedures Manual.
SECTION 8. LIMITATIONS ON USE. CCTV Cameras, and any and all Feeds, maybe solely used in the
specific instances set forth in this Ordinance, and use of CCTV Cameras by such persons other than the
owners and designated security personnel authorized to operate the same in any manner or location, or
for any other purpose, is expressly prohibited.
1. LAW ENFORCEMENT AND CRIME PREVENTION. CCTV Cameras, and any all Feeds, may be used for the
purpose of providing surveillance in the service of law enforcement and crime prevention within the
Municipality where there is documented criminal activity.
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2. MAINLAND/ISLAND SECURITY. CCTV Cameras, and any and all Feeds, may be used for the purpose of
providing surveillance in the service of mainland/island security, law enforcement and crime
prevention, and disaster preparedness and recovery in areas identified as critical assets of the
Municipality as may be set forth by any competent authority.
3. TRAFFIC MONITORING. CCTV cameras, and any and all Feeds, may be used for the purpose of traffic
monitoring but are not intended to include enforcement of traffic violations. Notwithstanding the
foregoing, the Feeds from CCTV Cameras used for traffic monitoring may be used for lawful purpose
in the event that such CCTV Cameras, while being used for their primary function, incidentally view
behavior that has caused or is likely to cause danger to person or property.
SECTION 9. PROHIBITIONS. The Feeds shall not be used for the following:
1. Broadcasting. Broadcast by any of the authorized persons prescribed herein of any of the Feeds or
any of its parts or records on or through any medium other than the monitors;
2. Viewing. Feeds shall not be viewed by any person/s other than those expressly authorized herein to
view the records of feeds.
3. Transfer. Feeds shall not be transferred to any third party, whether for profit or not;
4. Reproduction. No person shall be allowed to copy any or all parts of any records of the Feeds.
SECTION 10. PRESERVATION OF FEEDS. Feeds shall be recorded or otherwise stored by owner or
owners of institutions or establishment for future use for a period of not less than three (3) months. Until
the expiry of such time, the records or tapes of such Feeds may be recycled or destroyed unless otherwise
a proper request for a specific log of any given feed shall have been made to the contrary as provided for
in the proceeding section in which case the properly requested specific record/s of Feeds must be turned
over, in its original and unadulterated form and substance, to the proper requesting authority.
SECTION 11. PROPER REQUEST FOR FEEDS. Stored or preserved Feeds may be used at anytime to
satisfy the following:
Any authorized subpoena or any written order of any court of competent jurisdiction;
1. Any written request from the chief officer of the investigating body or authority ensuing the advent
of a criminality for proper disposition of crime investigation and report; and
2. Any written request from the duly constituted legislative body or assembly for purposes in aid of
legislation.
SECTION 12. PENALTIES. Failure to comply with any of the provisions of this Ordinance is
punishable with the following:
ON SECTION 4:
1. New business entities – withholding of permit to operate.
2. Old business entities – suspension or revocation of business permit and Php 2,500.00 fine.
ON SECTIONS 9 - 11:
Violation of any of the provisions set forth in Sections 9 to 11 of this Ordinance shall be
punishable by Php2,500.00 fine.
SECTION 13. REPEALING CLAUSE. All ordinances and resolutions inconsistent herewith are hereby
repealed or modified accordingly.
SECTION 14. SEPARABILITY CLAUSE. In the event that any of the provisions of this ordinance is
declared illegal, the validity of the other provisions shall not be affected by such declaration.
SECTION 15. EFFECTIVITY. This ordinance shall take effect thirty (30) days after its approval and
publication in the newspaper of local circulation. Provided, however, that the establishments herein
covered are given until January of the year following the effectivity of this Ordinance to fully comply with
Page 162
the provisions of Section 4. Provided, further, that the provisions of Section 5 for business applications
and renewals are totally enforceable thereafter.
ff) MUNICIPAL ORDINANCE NO. 319, S. 2012, AN ORDINANCE PROHIBITING THE CARRYING OR
CLUTCHING OF GLASS BOTTLES OF ANY BEVERAGE IN THE BEACHES OF BORACAY ISLAND AND
PRESCRIBING PENALTIES THEREOF
(SPONSORED BY: HON. ESEL L. FLORES)
WHEREAS, the Local Government Code empowers the Municipality to enact Ordinances intended
to prevent, suppress and impose appropriate penalties for activities inimical to the welfare and morals of
the inhabitants of the Municipality;
WHEREAS, it is also the duty of the Local Government to protect the environment and impose
appropriate penalties for acts that endanger the environment;
WHEREAS, it has been a practice of Boracay Island’s revelers, merrymakers and partygoers to
carry glass bottles of any beverage while walking or strolling in the beaches of Boracay;
WHEREAS, the end result of such practice always turns into the littering of these glass bottles to
the detriment of the environment and the injury it may cause to visitors promenading the white beaches of
Boracay Island;
NOW THEREFORE, be it Ordained, as it is hereby Ordained, by the Sangguniang Bayan of Malay

in session duly assembled that:
SECTION 1. TITLE AND SCOPE. This Ordinance shall be known as the “ANTI-BOTTLE CARRYING
ORDINANCE” of the Municipality of Malay, Aklan. It shall apply to all kinds or variety of glass bottles
containing liquors, spirits or any beverages.
SECTION 2. PROHIBITION. The carrying or clutching of glass bottles containing liquors, spirits or any
beverages while walking, strolling or promenading in the beaches of Boracay Island shall be prohibited,
at all times.
SECTION 3. PENALTY. Any person found violating this Ordinance shall suffer a fine; Stern warning
for first offense and ONE THOUSAND PESOS (Php1,000.00) for the second offense. Subsequent offenses
shall be fined TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) or imprisonment of not less than
one (1) month nor more than six (6) months or both, at the discretion of the Court.
SECTION 4. IMPLEMENTATION. The strict implementation of this Ordinance shall be undertaken by

the Office of the Mayor and its deputized representatives or the Malay Auxiliary Police (MAP) with the
assistance of the Philippine National Police (PNP) and other law enforcement agencies.

Page 163
gg) MUNICIPAL ORDINANCE NO. 320, S. 2012; AN ORDINANCE PROHIBITING THE USE OF PLASTIC
BAGS ON DRY GOODS, REGULATING ITS UTILIZATION ON WET GOODS AND PROHIBITING THE
USE OF STYROFOAM/STYROPHOR IN THE MUNICIPALITY OF MALAY AND PRESCRIBING THE
PENALTIES THEREOF.
(SPONSORED BY: HON. WILBEC M. GELITO, HON. ROWEN T. AGUIRRE & HON. DANTE C. PAGSUGUIRON)
WHEREAS, Article II, Section 16 of the Philippine Constitution provides that, “the State shall
protect and advance the right of the people to a balance and healthful ecology in accord with the rhythm
and harmony of nature”.
WHEREAS, Section 3(i) of RA 7160 provides that, “Local Government Units shall share with the
National Government the responsibility in the management and maintenance of ecological balance within
their territorial jurisdiction”.
WHEREAS, Section 447(vi) of RA 7160 also empowers the Sangguniang Bayan, “to protect the
environment and impose appropriate penalties for acts that endanger the environment including such
activities which result in pollution, acceleration of eutrophication in rivers and lakes, or ecological
imbalance.”
WHEREAS, plastic bags are rampantly used as packaging materials in the Municipality of Malay
and elsewhere;
WHEREAS, despite serious efforts of the Municipality to segregate compostable, recyclable and
reusable waste materials, plastic and other similar materials remain in the waste stream and eventually
become residuals;
WHEREAS, the Municipality of Malay, in its desire to reduce if not totally eliminate the use of
plastic film bags as packaging materials, encourages the utilization of alternative packaging materials
such as woven bags (bayong), cloth bags (katsa), paper bags and other similar materials (e.g., banana
leaves, taro leaves) and at the same time enjoying the promotion of the “BRING YOUR OWN BAG
PROGRAM (BYOG)”;
WHEREAS, there is now a need to regulate the use of plastic bags to prevent potential serious
ecological imbalance particularly in the Island of Boracay and the Municipality’s canals, creeks, rivers,
lakes and other waterways;
NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the Sangguniang Bayan

of Malay in session duly assembled that:
SECTION 1. TITLE. This Ordinance shall be known as “An Ordinance Prohibiting the Use of Plastic
Bags on Dry Goods, Regulating its Utilization on Wet Goods and Prohibiting the Use of
Styrofoam/Styrophor in the Municipality of Malay and Prescribing Penalties Thereof”.
SECTION 2. DEFINITION OF TERMS. For the purpose of this Ordinance, the following terms are
defined as follows:
a) CLOTH BAG (KATSA) – refers to a reusable packaging material made of cloth (biodegradable) used in
the packaging of flour, wheat and other similar goods.
b) DRY GOODS – refers to any product that does not require refrigeration or freezing to maintain
freshness such as textiles and clothing.
c) DRY MARKET – generally refers to the store of products that do not require refrigeration or freezing to
maintain freshness.
d) PLASTIC BAGS – also known as sando bags, pouch, plastic shopping bags and plastic film bags.
It is a type of flexible packaging material made of thin, plastic film that is used for containing
and transporting food and other products (commercial or industrial). It shall also refer to thin-gauge
packaging medium that is used as bags or wraps.
e) STYROFOAM/STYROPHOR – refers to a kind of packaging material used as food containers, disposable

cups, plates and other similar packaging materials.
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f) PLASTIC WASTE – refers to any plastic packaging material thrown as waste.
g) PRIMARY PACKAGING MATERIALS – refers to those types of packaging for containing wet produce,
snack foods, frozen foods, hardware.
h) SECONDARY PACKAGING MATERIALS – refers to those types of packaging materials for wet goods to
provide support to any primary packaging and intended for convenience of the handler, as well.
i) WET FOODS – refers to any product that requires refrigeration or freezing to maintain freshness such
as fish, meat, poultry products, fruits, vegetables, beverages and cooked foods in
carinderias/eateries.
j) WET MARKET – generally refers to the store of products that requires refrigeration or freezing to
maintain freshness. These include the wet section in public markets, supermarkets, mini marts,
restaurants and carinderias/eateries.
k) WOVEN BAGS – (Bayong) – refers to biodegradable packaging material made of wooden pandan, buli
leaves, water lily and other similar materials.
SECTION 3. PROHIBITION IN THE USE OF PLASTIC BAGS ON DRY GOODS. No business establishment
shall utilize plastic bags as packaging materials on dry goods.
SECTION 4. REGULATING THE USE OF PLASTIC BAGS ON WET GOODS. No business establishment
dealing with wet goods shall use plastic bags as secondary packaging material.
SECTION 5. PROHIBITION ON THE USE OF STYROFOAM/STYROPHOR. No business establishment shall

use Styrofoam/Styrophor and other similar materials as containers for food, produce and other products.
SECTION 6. PROHIBITION ON THE SELLING OF PLASTIC BAGS. No business establishment shall offer or
sell plastic bags to be used as secondary packaging material or as primary packaging material on dry
goods.
SECTION 7. PLASTIC WASTES COLLECTION. Discarded plastic bags or other similar plastic waste
materials must be cleaned and dried first prior to proper disposal and collection.
SECTION 8. ORDINANCE MONITORING. The Municipal Environmental Management Services (EMS)

shall monitor the effective implementation of this Ordinance. The MSWU shall prepare a quarterly
report on the progress of the implementation of this Ordinance.
SECTION 9. INFORMATION, EDUCATION AND COMMUNICATION CAMPAIGN. Upon approval of this

Ordinance, the LGU shall conduct massive information, education and communication campaigns using
quad media (print, radio, television and internet) and shall also include the promotion of alternative
biodegradable packaging materials.
SECTION 10. IMPLEMENTING RULES AND REGULATIONS (IRR). Within thirty (30) days from the
approval of this Ordinance, the necessary rules and regulations shall be issued by the Municipal Mayor
for the proper and effective implementation of this Ordinance.
SECTION 11. MORATORIUM. All business establishments and/or individuals are hereby given Six
(6) months moratorium to comply with this ordinance from the date of its passage.
SECTION 12. CONDUCT OF STUDY. Before the implementation of this Ordinance, the Environmental
Management Services (EMS) is mandated to conduct a study on the feasibility of providing alternative
receptacles for the disposition and marketing of products so as not to affect the flow of trade and
commerce in the Municipality.
SECTION 13. LIVELIHOOD PROJECTS. The Environmental Management Services (EMS) is hereby
mandated to provide a program wherein livelihood projects shall be implemented for the manufacture
and distribution of eco-friendly receptacles made from environment-friendly materials in replacement of
plastic containers and bags. This livelihood projects must be coordinated with the appropriate municipal
agency to help the residents of Malay earn additional income.
SECTION 14. IMPLEMENTATION. This Ordinance shall be implemented after six (6) months from
the date of approval and its publication in a newspaper of general circulation.
SECTION 15. PROHIBITED ACTS. Business establishments and/or individuals are prohibited from:
a) Selling and providing plastic bags to consumers as secondary packaging material on wet goods.
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b) Selling and providing plastic bags to consumers as primary packaging material on dry goods.
c) Selling and providing Styrofoam/styrophor as containers.
SECTION 16. PENALTIES. Any business establishment who shall violate any of the prohibited acts
stated above shall be punished through the imposition of the following penalties:
FIRST OFFENSE - Php1,000.00 fine
SECOND OFFENSE - Php1,500.00 fine
THIRD OFFENSE - Php2,500.00 fine and/or imprisonment of not less than one (1) month nor more than
six (6) months or both, at the discretion of the Court. In the case of business establishments, cancellation
of permit to operate for a period of one (1) year.
SECTION 17. SEPARABILITY CLAUSE. If any part of this Ordinance shall be declared judicially as
unconstitutional or unlawful, such declaration shall not affect the other parts or sections thereof that are
not declared unlawful or unconstitutional.
SECTION 18. REPEALING CLAUSE. All previous ordinances inconsistent with this ordinance shall be
deemed repealed or modified accordingly.
publication.
hh) MUNICIPAL ORDINANCE NO. 321, S. 2013; AN ORDINANCE DETERMINING FEES/CHARGES OF

LGU-MALAY SLAUGHTER HOUSE FOR VARIOUS SERVICES PROVIDED THEREOF.
SECTION 1. RATIONAL. In a tourism based economy, maintenance of sanitation, particularly on

the food aspect, is primodial. Establishment of related infrastructure thereof must be undertaken hence
the LGU-Malay Slaughterhouse is established. To sustain its operation, reasonable fees and charges will
be imposed on services rendered thereof, hence this piece of legislation.
SECTION 2. CHARGES/FEES. SLAUGHTERHOUSE SERVICES. For services offered, herein listed, by the
LGU-Malay Slaughterhouse, the following corresponding charges/fees will be charged:
1. WEIGHING FEES (Cattle, swine and other four legged animal)
a. Live . . . . . . . . . . . . . . . . . . . . . ₱ 0.25 centavos per kilo
b. Butchered . . . . . . . . . . . . . . . . . 0.10 centavos per kilo
2. CORRAL FEE
a. Swine. . . . . . . . . . . . . . . . . . . . . ₱ 1.00 per head for 24 hours or less
b. Cattle . . . . . . . . . . . . . . . . . . . . . 2.00 per head for 24 hours or less
Should the corralling extend beyond 24 hours, additional regular fee shall be charged if the
same is beyond six (6) hours. Any time less than six (6) hours shall be charged half the rate provided
that is not less than three (3) hours.
3. ABATTOIR FEE
a. SWINE – ₱500.00 per head for one hundred kilo swine (butchered weight) or below. Any excess of
100 kilos shall be charged P1.00 per kilo.
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b. CATTLE AND OTHER FOUR LEGGED ANIMAL – ₱1,000.00 for one thousand kilo (butchered weight) or
below. Any excess of one thousand kilo shall be charged P1.00 per kilo.
The abattoir fee shall cover the following services:
a. FOR CATTLE, SWINE AND OTHER FOUR LEGGED ANIMAL
1. Ante-Mortem inspection
2. Shower and bath
3. Stunning
4. Sticking
5. Bleeding
6. Scalding
7. Dehairing
8. Evisceration
9. Branding
10. Post-Mortem inspection
11. Issuance of Meat Inspection Certificate
b. FOR POULTRY
1. Ante-Mortem Inspection
2. Restraining
3. Stunning
4. Bleeding
5. Scalding
6. Plucking
7. Singeing
8. Beheading with crop incision
9. Feet Cutting
10. Evisceration
11. Sorting and Packaging
12. Post Mortem Inspection
13. Issuance of Inspection Certificate
4. TRANSPORTATION CHARGES. Considering the distance of the existing Slaughterhouse location at Cubay
Sur from Caticlan Jetty Port and Malay Public Market at Caticlan, the following transport charges
shall be imposed:
a. Twenty centavos (₱0.20) per kilo provided that the total load of the service vehicle is two
hundred (200) kilos and above.
b. Fifty centavos (₱0.50) per kilo if the total load of the service vehicle is less than two hundred
(200) per kilos.
c. Transport of meat by slaughterhouse service is optional.
SECTION 3. REPEALING CLAUSE. All previous ordinance, rules and regulations or parts thereof
SECTION 4. EFFECTIVITY. This Ordinance shall take effect after its approval and proper
publication.
ii) MUNICIPAL ORDINANCE NO. 322, S. 2013; AN ORDINANCE DETERMINING CHARGES OF LGU-
MALAY WATER LABORATORY FOR PHYSICAL AND CHEMICAL ANALYSIS, BACTERIOLOGICAL AND
OTHER RELATED TESTS.
SECTION 1. - RATIONAL. Ensuring the cleanliness of water, particularly its potability, is a major
concern of any society much more if its socio and economic existence is anchored on tourism. The Local
Government Units are mandated by law to ascertain the realization of its indispensable end, the reason
why LGU-Malay established its own water laboratory. To sustain the operation of this laboratory, fees
and/or charges are imposed hence this legislation.
Page 167
SECTION 2. - SERVICE CHARGES. For the conduct of the required water analysis requirements, as
mandated by Municipal Ordinance No. 312, Series of 2012, the Sanitation Code of the Municipality of
Malay, LGU-Malay shall charge the following fees, per examination:
For bacteriological examination . . . . . . . . . . . . . . . . . . . Php 800.00
For physical and chemical analysis. . . . . . . . . . . . . . . . . 1,800.00
For other tests/services . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00
SECTION 3. AMENDMENT. All ordinances, rules and regulations, or parts thereof, provision of
which are in conflict with, or contrary to, the provision of this ordinance are hereby repealed, amended
publication.
APPROVED. SP RESOLUTION NO. 2013-077, dtd. 4-17-13
jj) MUNICIPAL ORDINANCE NO. 325, S. 2013; AN ORDINANCE REGULATING THE TRANSPORT AND
DISPLAY OF BAMBOO POLES/BAMBOO SLATS IN THE ISLAND OF BORACAY.
SECTION 1. RATIONALE. Safety, security and convenience of the travelling public are the primary
concern of the Municipality. Traffic congestion remains to be a principal issue in the island, proof of
which are various complaints received from local and foreign tourists. Unregulated transport and
delivery of commercial materials, bamboos to be specific, contributes to this predicament. Thus, the
formulation of this ordinance.
SECTION 2. DEFINITION OF TERMS. For the purpose of this ordinance, the following terms shall
mean:
a. BAMBOO POLES – a long straight piece of bamboo usually with a round cross-section with a length of
more than four (4) meters.
b. COVERAGE – the extent of an area in which bamboos are delivered, displayed and sold. This includes all
the main roads and access roads in the island of Boracay.
c. DISPLAY – the extent and stockpiling of bamboo products intended for sale.
d. MODE OF CONVEYANCE – any four wheeled vehicle not exceeding 4.5 gross tonnage, motorized tricycle,
top down, push cart or pedicabs used in transporting bamboos.
e. OPERATOR - includes the owner, manager, administrator, or any other person who operates or is
responsible for the operation of a business establishment or undertaking.
f. ROAD – shall mean any main roads or access roads, or any secondary or tertiary road network leading
to the centers of population, commerce or trades and tourism sites within the island of Boracay. This
includes the path walk along the front beach.
g. SLATS – is a long, thin, flat piece of bamboo parts spliced from the bamboo poles with a length of not
more than four (4) meters.
SECTION 3. RULES AND REGULATION.
a. The designated loading area of all bamboos transported from the mainland shall be in Manoc-manoc
proper.
b. Bamboo poles shall be delivered/transported within the island from 4:00 o’clock in the morning to
6:00 o’clock in the morning and 10:00 o’clock in the evening to 12:00 o’clock in the evening, while
bamboo slats may be transported anytime provided it does not exceed 12 feet in length.
Page 168
c. Transport operators transporting bamboo poles and slats are required to display reflectorized
stickers visible from fifty (50) meters away of the tail end of the bamboo being transported in size
and color noticeable and identifiable by tailing vehicles while in transit.
SECTION 4. SPECIAL PERMIT. Transport of bamboos in the front beach shall be allowed only upon
issuance of a Special Permit.
a. It shall be unlawful for any person/entity to transport bamboo poles in all main roads and access
roads at anytime of the day not specified in the rules and regulation above.
b. It shall be unlawful for any trader/business proprietor to store or display bamboo poles and bamboo
slats outside the coverage area, thereby obstructing the 3.5 meter road setback area provided in Sec.
21 of Municipal Ordinance No. 2000-130 (Revised Zoning Regulation).
SECTION 6. PENALTY. Any person in violation of Section 4 hereof shall pay a fine of TWO
THOUSAND FIVE HUNDRED PESOS (₱2,500.00). In addition, the apprehended articles shall be forfeited in
favor of the local government.
SECTION 7. SEPARABILITY CLAUSE. If any part or provision of this Ordinance shall be declared invalid or
unconstitutional, the remainder shall not be affected thereby.
SECTION 8. REPEALING CLAUSE. All ordinance, resolutions and rules and regulations or parts
thereof inconsistent with the provision of this Act are hereby repealed or modified accordingly.
SECTION 9. EFFECTIVITY. This Ordinance shall take effect following its completion of publication.
kk) MUNICIPAL ORDINANCE NO. 327, S. 2013; AN ORDINANCE PRESCRIBING CHARGES ON

BIRTHING CLINIC SERVICES AND OTHER RELATED FEES.
Be it ordained by the Sangguniang Bayan of Malay in session duly assembled:
SECTION 1. RATIONALE. The operation and maintenance of a birthing clinic requires adequate
logistics in order to achieve its desired effectivity in delivering the required services. Toward this
desirable end, fees and/or charges must be imposed in order to sustain its operations. Being one of the
health services that the Local Government Unit is mandated to render to its constituents, charges are
rationalized in favor of Malay residents as against non-Malay residents, hence this piece of legislation.
SECTION 2. FEES/CHARGES. BIRTHING CLINIC SERVICES. On the services subsequently listed, the
Municipal Birthing Clinic of Malay shall impose the following fees/charges:
MALAY RESIDENTS NON-MALAY RESIDENTS
Service Fee ₱ 1,200.00 ₱ 1,700.00

Newborn Screening Kit 600.00 600.00
Mother and Child Book 50.00 60.00
Miscellaneous Expense 200.00 300.00
Total ₱ 2,050.00 ₱ 2,660.00
VVVVVV VVVVVV
The above-cited charges/fees do not include the amount of actual medical supplies used, which
the recipient of the rendered services shall also pay as added cost.
For purposes of this Ordinance, a Malay Resident shall mean one who concurs with all of the
following qualifications:
a) A resident of the Municipality of Malay for one (1) year or more;

b) who owns or rents a house within the Municipality;
c) who is living with his/her family within the Municipality;
d) whose children are studying within the Municipality; and
Page 169
e) A registered voter within the Municipality and pays taxes thereon.
A Non-Malay Resident, on the other hand, shall mean transients.
SECTION 3. SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision of this
ll) MUNICIPAL ORDINANCE NO. 329, S. 2013; AN ORDINANCE ADOPTING THE IMPLEMENTATION
OF THE TUBERCULOSIS CONTROL PROGRAM IN THE MUNICIPALITY OF MALAY TO STRENGTHEN
AND SUPPORT ALL ACTIVITIES OF THE PROGRAM TO ATTAIN A TUBERCULOSIS-FREE
COMMUNITY AND APPROPRIATING FUNDS THEREOF.
(SPONSORS: HON. NATALIE C. PADERES & HON. PATERNO S. SACAPAÑO JR.)
WHEREAS, Section 17(b)(2)(iii) of Republic Act No. 7160, otherwise known as the Local
Government Code of the 1991 provides that “health services, which include the implementation of
programs and projects on primary health care, maternal and child care, and communicable and non-
communicable disease control services; access to secondary and tertiary health services: purchase of
medicines, medical supplies, and equipment needed to carry out the services herein enumerated “are the
duties and responsibilities of the Local Government Units;
WHEREAS, tuberculosis remains a major public health concern in the Municipality where the
percentage of cases found – Case Detection Rate of 118% – is above/below the national standard of 70%,
and the percentage of TB patients who complete treatment and are confirmed as cured – Cure Rate of
71% - is above/below the national standard of 85%.
WHEREAS, the low Cure Rate of 71% is a result of delayed/lack of sputum follow up. The low
Cure Rate means that patients are not completing and confirming treatment. Uncompleted treatment
may result in Multi-Drug Resistant TB which is much more difficult and expensive to treat;
WHEREAS, it is important for the Municipality to always monitor and evaluate the performance
of the RHU and Barangay Health Stations, as well as the medical personnel who provide public health
services;
WHEREAS, the Municipality has been unable to provide adequate services to TB control due to
the absence of a microscopist who is responsible for the diagnosis or identification of TB cases and to
confirm those under treatment as cured;
WHEREAS, the Municipality has not been able to provide adequate services to TB control due to
lack of equipment at the Rural Health Unit, specifically a fully functioning microscope;
WHEREAS, while the National Government, through the Provincial Health Office, is responsible
for providing drugs and other commodities that are essential to TB control, such supply has been erratic
at times. Therefore, it is essential for the Municipality to provide buffer stock of the necessary drugs and
commodities;
WHEREAS, Multi-Drug Resistant TB (MDRTB) is a highly dangerous form of TB that requires

expensive specialized care and treatment (Programmatic Management of Drug-Resistant TB) over a
period of 18 months. A MDRTB patient can easily pass on his/her form of TB to other people posing a
grave threat to the community;
WHEREAS, many symptomatic and patients with TB reside in inaccessible areas of the
Municipality, resulting in their not being detected and cured. Since symptomatics and patients are unable
to go to the RHU, medical personnel should go to the symptomatics and patients. The Municipality should
reach out to the symptomatics and patients by setting up remote smearing stations; house to house
campaigns; medical outreach program; and organizing communities to provide support to TB patients.
Page 170
WHEREAS, level of awareness of TB is poor. Thus, it is incumbent upon the Municipality to

conduct health promotion activities, including community outreach TB education, IEC materials
distribution and mass media campaigns;
WHEREAS, the success of TB treatment depends on the patient getting support and
encouragement from treatment partner, who ensures that drugs are taken daily and that follow up
sputum exam schedules are adhered to. It is important for treatment partners to be able to go to the
patients, rather than the patients going to the treatment partner, particularly if distances are far, to
ensure treatment compliance;
BE IT ORDAINED by the Sangguniang Bayan of Malay, Province of Aklan, that:
SECTION 1. – DECLARATION OF POLICY. The Municipality of Malay joins the government’s efforts to
institute an effective program for Tuberculosis Control through the National Tuberculosis Control
Program (NTP), the Directly Observed Treatment Short Course (DOTS) strategy of the National
Tuberculosis Control Program (NTP) (Executive Order No. 187, 21 March 2003) shall be the main
strategy for tuberculosis control in the Municipality. The five (5) components of DOTS strategy includes:
a) Direct Sputum Smear Examination shall be the initial diagnostic tool in case finding.
b) Standardized Chemotherapy in accordance with the National TB Program.
c) Recording and reporting of cases shall be on the standardized National TB Program forms to be
implemented in all health centers.
d) Directly Observed Treatment Short Course shall be used as the strategy to ensure patient compliance.
e) Political commitment to ensure sustained, comprehensive implementation of National TB Program

activities.
SECTION 2. – ENSURE ANNUAL FUND ALLOCATION. This will serve as a vehicle for improving and
sustaining the efficient and effective delivery of the Municipal TB Control Program.
2.1 To ensure that the allocation for the budget requirements for the TB program of the Municipality
is sufficient.
2.2 To ensure that efforts and resources are geared towards achieving the goal of having a
community where TB is no longer a public health problem.
2.3 To ensure that the NTP policies and the DOTS strategies are implemented, thereby ensuring a
case detection rate of at least 70% and a treatment success rate of at least 85%.
2.4 To advocate for the continuous investment for quality improvement and certification and
accreditation of the LGU health facilities as DOTS centers. To strengthen and capacitate and local
community health volunteers on TB DOTS program.
2.5 To ensure that the LGU regularly supports the monitoring, supervision, evaluation, training
requirements, and NTP drug supplies.
SECTION 3. – ESTABLISH NETWORKS, INTER-AGENCY LINKS AND PARTNERSHIPS WITH KEY STAKEHOLDERS.
This will strengthen partnerships with different sectors involved in the program such as government
agencies, NGOs civil society, private sector, donor institutions and other cooperating agencies for a more
comprehensive NTP implementation.
SECTION 4. – RULES AND REGULATIONS. The Municipal Health Office, in coordination with the Local
Chief Executive, shall formulate the implementing rules and guidelines pertaining to this Ordinance.
SECTION 5. – FUNDING AND DISBURSEMENT. The Municipal government shall appropriate in the
General Fund the amount of at least ONE HUNDRED FIFTY THOUSAND PESOS ₱150,000.00) annually.
Disbursements shall be approved by the Municipal Mayor subject to the usual accounting and auditing
procedures. The said funds will be released to the Municipal Health Officer and will be allocated as
follows:
a) Monitoring and Supervisory Visit;
b) Contingency for Medicines (Category 2 drugs) and Laboratory Reagents;

Page 171
c) Laboratory Equipment
d) Programmatic Management of Drug-resistant TB
e) Hiring of a Permanent Medical Technologist
f) Quality Assurance of Sputum Microscopy
g) TEV for BHWs and Treatment Partners
h) Community-based Remote Smearing Stations
i) Capability Building
j) Health Promotion Activities and
k) Community Organizing
SECTION 6. – REPEALING CLAUSE. All ordinances, resolutions or laws of local application an effect
inconsistent hereto are hereby modified, superseded, and repealed accordingly.
SECTION 7. – SUPPLEMENTARY CLAUSE. On matters not provided in this Ordinance, any existing
applicable laws and their corresponding implementing rules and regulations, executive orders and
relevant issuances therefore shall be applied in a supplemental manner.
SECTION 8. – EFFECTIVITY CLAUSE. This Ordinance shall take effect upon its approval and after
posting in at least three (3) conspicuous places in the territorial jurisdiction of this local government unit,
such as but not limited to Barangay Hall, Public Market, Public Terminal and Municipal Hall Building and
publication in a local newspaper for a period of two (2) consecutive weeks.
mm) MUNICIPAL ORDINANCE NO. 331, S. 2014; AN ORDINANCE REGULATING FIRE DANCING
SHOWS IN BORACAY ISLAND AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
(AUTHORED BY: HON. FROLIBAR S. BAUTISTA)
SECTION 1. RATIONALE. Boracay Island earned its status as the world’s premier tourist
destination because of its pristine, powdery white sand beach. Fire dancing, a hottest night attraction in
the island, has been ascertained by the Department of Environment and Natural Resources (DENR) as
harmful and detrimental as the fuel used leaves black stains that pollutes the pristine white sand. Endless
campaign to conserve, preserve and protect the island from man-made destruction remains a top priority
of the local government, hence, this piece of legislation.
SECTION 2. DEFINITION OF TERMS. For purposes of this ordinance, the following terms shall mean:
a. FIRE DANCING – a dance performed by an individual or group of persons using a poi or torch.
b. FIRE DANCERS – an individual or group of persons performing fire dancing.
c. POI/TORCH – any small container that uses kerosene or any other flammable chemicals used by fire
dancers. (Torch – a rod-shaped piece of wood with fabric wrapped around one end and soaked in a
flammable chemical.)
d. VEGETATION AREAS – that portion of the beach immediately adjacent to the path road or the main road,
as the case maybe, where plants thrives.
e. PLATFORM/LINING – any covering materials that protect the powdery white sand from leakages of
kerosene or any other flammable material.
Page 172
f. CONTAINERS – where kerosene or any other flammable chemicals are stored.
g. ESTABLISHMENTS – refers to hotels/resorts, restaurants and bars.
h. SPECIAL EVENTS – any sponsored activities making fire dancing a part of their entertainment.
i. DECENT COSTUME – any appropriate attire with a decent look.
j. KEROSENE OR ANY OTHER FLAMMABLE CHEMICALS – used in igniting or lighting the poi or torch.
SECTION 3. RULES AND REGULATION.
1. Fire dancing shall be allowed only in the vegetation areas.
2. Establishments using fire dancing show as part of their regular entertainment shall secure Mayor’s
Permit.
3. Fire Dancers shall secure a Health Certificate, a Mayor’s Permit and an Occupational Permit.
4. The poi/torch must be handled properly, secured and safety measures must be observed.
5. Kerosene or any flammable material on containers shall be securely covered to avoid leakages.
6. Fire dancers must be wearing decent costumes.
1. It shall be unlawful to any person or group of persons to perform Fire Dancing shows on the beaches,
path road or pathways and offshore waters of Boracay.
2. It shall be unlawful for any establishment making fire dancing activity as part of their entertainment
during special events on the beach without first securing Mayor’s Permit.
3. It shall be unlawful for fire dancers or the establishment to put out the fires of the poi or torch using
the white sands of the Island.
SECTION 5. EXEMPTION. The Office of the Mayor shall issue permit for fire dancing shows on
special events on the beach provided that a platform and lining covering the white sand shall be installed
in the areas where the show is being held.
SECTION 6. PENALTY. Any establishment in violation of the preceding sections shall pay a fine of
TWO THOUSAND FIVE HUNDRED PESOS (₱2,500.00)
Any fire dancer or group of fire dancers in violation of the preceding sections hereof shall pay a
fine of Two Thousand Five Hundred Pesos (₱2,500.00) and confiscation of fire dancing paraphernalia.
SECTION 7. SEPARABILITY CLAUSE. If any part or provision of this Ordinance shall be declared
invalid or unconstitutional, the remainder shall not be affected thereby.
SECTION 8. REPEALING CLAUSE. All ordinance, resolutions and rules and regulations or parts
thereof inconsistent with the provision of this Ordinance are hereby repealed or modified accordingly.
SECTION 9. EFFECTIVITY. This Ordinance shall take effect following its completion of publication.
PUBLISHED. MADYAAS PEN, dtd. 6-7,14 & 21, 2014)
nn) MUNICIPAL ORDINANCE NO. 333, S. 2014; AN ORDINANCE IMPLEMENTING FORCED

EVACUATION AS A RESORT WHEN A DISASTER OR EMERGENCY HAS BEEN DECLARED IN THE
MUNICIPALITY AND DANGER OF LOSS OF LIVES BECOMES IMMINENT, PROVIDING PENALTIES
THEREFORE AND FOR OTHER PURPOSES.
Page 173
WHEREAS, it has been a national policy under Section 2(a) of RA 10121, otherwise known as the
“Philippine Disaster Risk Reduction and Management Act of 2010” to uphold the people’s constitutional
rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the
country’s institutional capacity for disaster risk reduction and management and building the
resilience of local communities to disasters including climate change impacts;
WHEREAS, Local Government Units (LGUs) are authorized under Section 16 of the Local
Government Code of 1991, otherwise known as the General Welfare Clause to “xxx exercise the powers
necessary, appropriate, or incidental for its efficient and effective governance and those which are
essential to the promotion of the general welfare;
WHEREAS, Municipal Mayors, under Section 444(b) (vii) of the Local Government Code of 1991,
are mandated to carry out such emergency measures as may be necessary during and in the aftermath of
man-made and natural disasters and calamities;
WHEREAS, LGU-Malay, through the Sangguniang Bayan, is enjoined under DILG Memorandum
Circular No. 2012-35 dated 21 February 2012 to cause the enactment of local ordinances for the
implementation of forced evacuation as a resort when a disaster or emergency has been declared and
danger of loss of lives is imminent within its area of jurisdiction;
WHEREAS, the Municipal Government of Malay is highly concerned and committed at protecting
the lives of its residents at all times and at mitigating the effects of man-made and natural disasters;
NOW THEREFORE, be it ordained by the Sangguniang Bayan of Malay in session duly assembled
that:
SECTION 1. POLICY. It is hereby declared the policy of the Municipality of Malay to protect the
lives of its residents at all times and whenever possible mitigate the effects of man-made and natural
disasters within the locality.
SECTION 2. DEFINITION OF TERMS. As use in this ordinance;
2.1 “DISASTER” means the result of a natural or man-made event which causes loss of life, injury, and
property damage, including but not limited to natural disasters such as, hurricane, tornado, storm,
flood, high winds, and other weather-related events, and man-made disasters, including but not
limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosions, civil
disturbances, public calamity, acts of terrorism, hostile military action and other events related
thereto;
2.2 “IMMINENT DANGER” means an immediate threat of harm;
2.3 “EVACUATION” means an operation whereby all or part of a particular population is temporarily
relocated, whether individually or in an organized manner, from an area in which a disaster or
emergency has been declared and is considered dangerous for health or safety of the public;
2.4 “FORCED EVACUATION” means an evacuation ordered as a resort when a disaster or emergency has been
declared and danger of loss of life is imminent, and conditions exist that critically imperil or
endanger the lives of those in a defined area.
SECTION 3. TRAINING AND ORIENTATION ON DISASTER RISK REDUCTION MANAGEMENT. The Municipal
Disaster Risk Reduction and Management Office (MDRRMO) shall organize and conduct training and
orientation on the possible natural hazards, vulnerabilities and climate change risks as well as knowledge
management activities on disaster risk reduction and management activities on disaster risk reduction
and management within the locality at least during summer as declared by the Philippine Atmospheric
and Astronomical Services Administration (PAGASA).
The foregoing trainings, orientations, activities and information dissemination shall be

intensified and made every quarter of the year to be scheduled by the MDRRMO or as the need arises.
Page 174
During the aforesaid trainings and orientations, the MDRRMO shall also discuss and highlight (in
local dialect) RA 10121, otherwise known as the “Philippine Disaster Risk Reduction and Management
Act of 2010”; DILG Memorandum Circular No. 2012-35 dated 21 February 2012 regarding the Guidelines
in Ensuring Public Safety During Manmade and Natural Disasters; this Ordinance; and other laws,
rules and regulations on risk reduction and management.
The MDRRMO is also encouraged to conceptualize posters, newsletters, brochures, and

pamphlets regarding risk reduction and management and cause the same to be posted at conspicuous
places of the municipality and/or, if possible, disseminate through radio and TV advertisement.
SECTION 4. FORCED EVACUATION. If upon the assessment or determination of the MDRRMC, forced
or preemptive evacuation of local residents is already necessary, said Council shall immediately make
recommendation of such assessment or determination.
On the basis of such recommendation, the Municipal Mayor shall immediately declare the
implementation/enforcement of forced evacuation which shall include but shall not be limited to the
following:
a. The designated area where vehicles provided by the Municipal Government are waiting to transport
local residents to the identified evacuation centers;
b. Evacuation centers of such places where the evacuated local residents will be temporarily taken;
c. The necessity of the evacuated local residents to stay in the aforesaid evacuation centers until there
be another issuance declaring that the imminent danger within the affected area is no longer there, if
this is still possible; and
d. Measures ensuring the safety of local residents in the evacuation areas.
However, immediately after the declaration of forced evacuation but before actual
implementation/enforcement thereof, the Municipal Government shall see to it that the local residents
are informed in local dialect of the need for them to evacuate and that there is no other alternative way to
ensure their safety.
SECTION 5. ENLISTMENT OF ASSISTANCE OF OTHER GOVERNMENT AGENCIES.

In declaring the implementation/enforcement of forced evacuation, the members of the PNP, AFP, BFP,
and BJMP assigned within the affected locality may be enlisted by the Municipal Mayor.
All emergency measures adopted shall be a coordinative and collaborative effort between the
Municipal Government, BFP Units and PNP Units.
SECTION 6. REFUSAL OF LOCAL REISIDENTS TO LEAVE THEIR HOMES OR, AFTER EVACUATING, GO BACK
THEREIN WITHOUT AN ORDER ALLOWING THEM TO DO SO. In the event that local residents refuse to leave their
homes or, after evacuating, go back to their homes/affected areas without an order issued to this effect,
the Municipal Government as well as the members of the mobilized units of the PNP, AFP, BFP and BJMP
may use such physical force that is commensurate under the circumstances, without discrimination and
with conscious attention to the needs of vulnerable sectors such as children, women, the elderly and
persons with disabilities, with the end view that lives are safely secured.
SECTION 7. PENALTY CLAUSE. Any public official found to violate any of the pertinent provisions of
this Ordinance shall be subjected to a fine not exceeding PhP2,500.00 or imprisonment not exceeding six
(6) months, or both, at the discretion of the court, without prejudice to administrative sanctions as may
be imposed under existing laws, rules and regulations.
SECTION 8. REPEALING CLAUSE. Any ordinance, order, memorandum, rules and regulations which
are inconsistent with the provisions of this Ordinance is hereby repealed or modified accordingly.
SECTION 9. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after its publication in a
newspaper of general circulation.

Page 175
pp) MUNICIPAL ORDINANCE NO. 345, S. 2015; AN ORDINANCE REGULATING THE SALE OF MEAT OF
FOOD ANIMALS IN THE MUNICIPALITY OF MALAY.
SECTION 1. RATIONALE. The Local Government Units, pursuant to the provisions of Republic Act
7160, otherwise known as the Local Government Code and Executive Order No. 137, shall regulate the
construction, management and operation of slaughterhouse, meat inspection, meat transport and post -
abattoir control, monitor and evaluate and collect fees and charges in accordance with national policies,
procedures, guidelines, rules and regulations, and quality and safety standards as promulgated by the
Secretary of the Department of Agriculture
Further, Republic Act 9296, the Meat Inspection Code of the Philippines and its Implementing
Rules and Regulations, as amended by Republic Act 10536, provides that the Local Government Units
shall promulgate specific policies and procedures governing the flows of food animals meat and meat
products through that various stages of marketing and the proper preservation and inspection of such
products pursuant to national regulatory policies, guidelines and related promulgations and issuances.
SECTION 2. REGULATORY POLICY. Only meats of food animals butchered in Slaughterhouses

accredited by the National Meat Inspection Services (NMIS) as Single A, or Double A, or Triple A facility
shall be sold or traded within the municipal jurisdiction of Malay. Meats which do not conform with the
afore-cited provision shall be denied entry in any vending and/or market facilities, public or private,
within the jurisdiction of Malay.
SECTION 3. EXCEPTION. The provisions of the preceding section shall not apply to meats
transported by individuals for personal use provided that the same shall not exceed ten (10) kilos. On the
event that transport of the subject commodity is frequent and regular, the same shall be treated as a
trading activity, hence this exception shall not apply.
SECTION 4. PENALTIES. Any entity, natural or juridical, violating any provisions of this ordinance
shall be subject to the following penalties.
FIRST OFFENSE – Stern warning and denial of entry of the subject commodity.
SECOND AND SUBSEQUENT OFFENSES – Confiscation of the subject commodity and a fine of TWO THOUSAND
FIVE HUNDRED PESOS Only (₱2,500.00) without prejudice to the filing of a criminal case pursuant to
Republic Act 9296, The Meat Inspection code of the Philippines and its Implementing Rules and
Regulations, as amended by Republic Act 10536, before the appropriate court.
SECTION 5. EFFECTIVITY. This ordinance shall take effect immediately upon compliance of the
publication requirement.

Page 176

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Page 1

A) LAND AND SEA TRAFFIC ORDINANCES

a) MUNICIPAL ORDINANCE NO. 152, S. 2002; “AN ORDINANCE REGULATING OPERATION OF

(SPONSORS: HON. ABCEDES S. DELA TORRE & HON. LENY S. SACAPAÑO)

SECTION 2. – GUIDELINES ON TRICYCLE DRIVER’S DEPORTMENT. All tricycle drivers operating at

(c) Driving while under the influence of liquor/drugs is strictly prohibited.

(h) Display of tariff rates is a must.

SECTION 3. – TARIFF RATES OR FARE RATES:

Airport – Jetty Port . . . . . . . . . . . . . . . . . . ₱ 10.00

FIRST OFFENSE - Confiscation of ID and a fine of TWO HUNDRED PESOS (₱200.00).

SECOND OFFENSE - Confiscation of ID and a fine of FIVE HUNDRED PESOS (₱500.00).

IDs confiscated shall be returned after payment of penalties.

ENACTED. MARCH 6, 2002.

APPROVED. APRIL 3, 2002.

(APPROVED. SP RESOLUTION NO. 03-193, dtd. 6-6-03)

“Tricycles for hire rendering service at Caticlan Airport-Jetty/Tabon Ports routes

a) Airport–Jetty Port and vice versa . . . . . . . . . . . ₱ 30.00/trip

b) Airport–Tabon Port and vice versa . . . . . . . . . 50.00/trip

SECTION 3. – EFFECTIVITY. This Ordinance shall take effect upon approval.

ENACTED. SEPTEMBER 11, 2002.

APPROVED. OCTOBER 16, 2002.

b) MUNICIPAL ORDINANCE NO. 342, S. 2015; AN ORDINANCE ENACTING THE TRANSPORTATION

ENACTED. MARCH 5, 2013 APPROVED: JANUARY 20, 2015

APPROVED. SP RESOLUTION NO. 084, S. 2015, dtd. 3-11-15

SECTION 2. – RULES AND REGULATIONS.

A. ANCHORING SETBACKS AND SCHEDULES.

C. ENTRY AND EXIT, LOADING AND UNLOADING.

SECTION 4. – PENALTIES FOR VIOLATION.

ENACTED. OCTOBER 9, 1997.

APPROVED AND ADOPTED. OCTOBER 23, 1997.

b) MUNICIPAL ORDINANCE NO. 99-123; “AN ORDINANCE REGULATING THE OPERATION OF

(SPONSOR: HON. FROLIBAR S. BAUTISTA)

Be it ordained by the Sangguniang Bayan of Malay, Aklan, assembled that,

SECTION 1. – ORDAINING CLAUSE. No motorboat owners/operators, crews is allowed to engage in

SECTION 2. – DEFINITION OF TERMS.

SECTION 3. – REQUIREMENTS BEFORE ISSUANCE OF MUNICIPAL LICENSE OR MAYOR’S PERMIT:

(a) FOR CREWS:

(1) Barangay Clearance and Certification of Good Moral Character.

(b) FOR MOTORBOATS:

(1) Receipts of Premium payment for Accidental Insurance.

SECTION 4. – GUIDELINES FOR OPERATION.

B. PARKING AREA/LOADING AND UNLOADING.

Fronting - 1) Club Panoly

(2) Passengers must be ready before docking of motorboats for departure.

SECTION 7. – Trashcans is required, and shall be installed during operation.

SECTION 8. – REPEALING CLAUSE. Any ordinance inconsistent herewith is hereby repealed or

ENACTED. NOVEMBER 11, 1999.

APPROVED. NOVEMBER 25, 1999.

(APPROVED. SP RESOLUTION NO. 2000-24-A, dtd. 1-10-00)

c) MUNICIPAL ORDINANCE NO. 2001-135; “AN ORDINANCE REGULATING THE OPERATION OF

(SPONSOR: HON. ABCEDES S. DELA TORRE)

SECTION 1. – DECLARATION OF POLICY. It is hereby declared a Policy of the Municipality of Malay

SECTION 2. – RULES AND REGULATIONS.

SECTION 5. – Violation of this Ordinance is punishable by a fine of FIVE HUNDRED PESOS

ENACTED. FEBRUARY 8, 2001.

APPROVED. MARCH 15, 2001.

(APPROVED SP IN RESOLUTION NO. 01-137, dtd. 6-11-01)

d) MUNICIPAL ORDINANCE NO. 157, S. 2002; “AN ORDINANCE REGULATING

SECTION 2. – EMBARKING AND DISEMBARKING. Embarking and disembarking of passengers by all

SECTION 5. – TOWING AND IMPOUNDMENT. Motorboats apprehended, towed and impounded in