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Ordinance Regulating Second-Hand Cellular Phones

May 24, 2008

PROPOSED ORDINANCE No.

3 AN ORDINANCE REGULATING THE PURCHASE AND SALE, TRADE-IN,

4 PAWNING OF USED, PRE-OWNED AND RECONDITIONED 5 MOBILE PHONE WITHIN THE TERRITORIAL JURISDICTION OF 6 CAGAYAN DE ORO CITY; PROVIDING PENALTIES FOR VIOLATION 7 THEREOF; AND FOR OTHER PURPOSES

8

9 Introduced by Coun.cilor Ian Mark Q. Nacaya

10

11 WHEREAS, the buying and selling of second-hand or used mobile phones by 12 mobile phone dealers and/or mobile phone retailers/resellers is allegedly a profitable

13 business venture in Cagayan de Oro City;

14

15 WHEREAS, it has also been reported that the aforementioned second-hand or

16 used mobile phones are now accepted by a number of pawnshops as items for

17 pawnll1g; 18

19 WHEREAS, in unison with the said upswing commerce on second-hand or

20 used mobile phones is the report that snatched or stolen mobile phones are

21 surreptitiously being sold by lawless elements to mobile phone dealers and/or mobile

22 phone retailers/resellers or pawned to pawnshops as second-hand or used mobile

23 phone units; .

24

25 WHEREAS, some shocking instances have already occurred wherein

26 customers of some mobile phone dealers and/or mobile phone retailers/reseUers

27 vending second-hand mobile phones have ended up buying their snatched or stolen

28 mobile phone units;

29

30 WHEREAS, there is indeed an undeniable linkage between the reported rash

31 or mobile phone snatching and the proliferation of buying, selling and pawning of

32 second-hand or used mobile phones in the city;

33

34 WHEREAS, curtailing the selling, buying and pawning of second-hand or

35 used mobile phones bereft of original receipt of purchase of the unit would

36 substantially help in addressing the alarming increase in the theft and robbery of

37 mobile phones within the city since the market of the same would be vastly reduced,

38 it not eliminated;

39

40 WHEREAS, the Local Government Code of 1991 mandates the City

41 Government of Cagayan de Oro to enact measures designed to ensure that the mobile

42 phone-owning public, as well as the operations of mobile phone-based business

43 entities will not be unduly harmed by the criminal activities of lawless elements;

44

45 NOW, THEREFORE:

46

47 BE IT ORDAINED by the City Council of Cagayan de Oro that:

48


PROPOSED ORDINANCE No.

3 AN ORDINANCE REGULATING THE PURCHASE AND SALE, TRADE-IN,

4 PAWNING OF USED, PRE-OWNED AND RECONDITIONED 5 MOBILE PHONE WITHIN THE TERRITORIAL JURISDICTION OF 6 CAGAYAN DE ORO CITY; PROVIDING PENALTIES FOR VIOLATION 7 THEREOF; AND FOR OTHER PURPOSES

8

9 Introduced by Councilor Ian Mark Q. Nacaya

10

11 WHEREAS, the buying and selling of second-hand or used mobile phones by 12 mobile phone dealers and/or mobile phone retailers/resellers is allegedly a profitable

13 business venture in Cagayan de Oro City;

14

15 WHEREAS, it has also been reported that the aforementioned second-hand or

16 used mobile phones are now accepted by a number of pawnshops as items for

17 pawnl11gj 18

19 WHEREAS, in unison with the said upswing commerce on second-hand or

20 used mobile phones is the report that snatched or stolen mobile phones are

21 surreptitiously being sold by lawless elements to mobile phone dealers and/or mobile

22 phone retailers/resellers or pawned to pawnshops as second-hand or used mobile

23 phone unitsj

24

25 WHEREAS, some shocking instances have already occurred wherein

26 customers of some mobile phone dealers and/or mobile phone retailers/resellers

27 vending second-hand mobile phones have ended up buying their snatched or stolen

28 mobile phone units;

29

30 WHEREAS, there is indeed an undeniable linkage between the reported rash

31 or mobile phone snatching and the proliferation of buying, selling and pawning of

.32 second-hand or used mobile phones in the city;

33

34 WHEREAS, curtailing the selling, buying and pawning of second-hand or

35 used mobile phones bereft of original receipt of purchase of the unit would

36 substantially help in addressing the alarming increase in the theft and robbery of

37 mobile phones within the city since the market of the same would be vastly reduced,

38 it not eliminated;

39

40 WHEREAS, the Local Government Code of 1991 mandates the City

41 Government of Cagayan de Oro to enact measures designed to ensure that the mobile

42 phone-owning public, as well as the operations of mobile phone-based business

43 entities will not be unduly harmed by the criminal activities of lawless elements;

44

45 NOW, THEREFORE:

46

47 BE IT ORDAINED by the City Council of Cagayan de Oro that:

48

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SECTION 1. TITLE. This ordinance shan be known and cited as the

“Mobile Phone Sale, Trade-In, Pawning, Repair, Servicing and Maintenance Regulatory Ordinance of Cagayan de Oro City”,

SECTION 2. SCOPE. – This Ordinance shall cover all actIvltIes related to the purchase and sale, trade-in, pawning, repair, servicing and maintenance of brand new, used, pre-owned and reconditioned mobile phone units and the transactions which are entered into by but not limited to consumers, dealers and retailers of mobile phone units, service and repair centers, including pawnshops and cell phone repair shops of all types within the territorial jurisdiction of Cagayan de Oro City.

SECTION 3. POLICY.- It shall be a declared policy of the City of Cagayan de Oro to promote a safe environment of mobile phone owners as well ,lS proprietors of mobile phones stores and pawnshops in this City through the enactment of appropriate and responsive m.easures as mandated by Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

SECTION 4. DEFINITION OF TERMS. – For the purposes of this Ordinance, the following words and phrases are defined and shall be construed as set out in this section unless it is apparent from the context that a different meaning is intended:

a) Second-Hand or Used Mobile Phones – refer to mobile phone units already put to use by somebody else other than the current user, It shall also refer to a mobile phone purchased and used”by an original owner for a period of time.



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Mobile Phone Dealers/Retailers – refer to National Telecommunications Commission (NTC) registered business entities with business permit issued by the Office of the City Mayor authorizing the same to’ engage in the purchase, sale, lease and/or retail of mobile phones, including parts and accessories thereof.

Pawn~hop~ – refer to duly licensed business entities where articles of personal property may be left as security in exchange for a loan of money.

Identification Card – refer to a card identifying its carrier of bearer, having on it information such as name, age and often an address and a physical description of photograph duly issued either by a government en ti ty, ed uca tional insti tu tion or private companies.

Mobile phone service centers – a person or entity with the required license and business permit engaged in the repair, servicing or maintenance of mobile phone units, parts and accessories and/or in the purchase and selling and/or in the reselling and trading-in of mobile phone units.

Cell Phone Repair Shops – these are business establishments which may include stalls, makeshift tables or residences that cater to the servicing, repair and maintenance of mobile phone units which mayor may not have the required licenses and permits to operate.

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g) Trade-in_- the process of exchanging used mobile phone unit with a brand new one with the buyer paying only the difference in the price between the used and the new mobile phone; or an exchange of a used unit with another used unit of higher function or higher model.

SECTION 5. REQUIREMENT -’

a) It shall be mandatory for managers and/or proprietors of all mobile phone stores, dealers, retailers/resellers and pawnshops in Cagayan de Oro City to oblige holders of second-hai1d or used mobile phones as items either for sale, trade-in or for pawning to present (i) any valid identification card, (ii) Community Tax Certificate, or (iii) subscribed affidavit to verify ownership.

b) Any pawnshop and/or bU.siness entity engaged in the buying and selling of second-hand mobile phon.es shall secure a permit (Mobile Phone Dealer’s Permit or Mobile- Phone Retailer’s or ReseUer’s Permit) from the National Telecommunications Commission (NTC).

SECTION 6. DUTIES OF SERVICE CENTERS, PAWNSHOPS, REPAIR SHOPS, RETAILERS.- It shall be the duty of the owner, operator or employee of mobile phone service centers, retailers and/or pawnshops to:

a) get the complete name, address and telephone number of the individual selling or pawning the used or pre-owned phone.

b) present to prospective buyers upon their request proof of ownership of the original owner of the mobile phone unit on sale, for auction or trade-in when selling, auctioning or trading-in used mobile phones

SECTION 7. ENFORCEMENT. The Business Permit Section under the Office of the City Mayor in coordination with the Department of Trade and Industry (DTI) and the National Telecommunications Commission (NTC) shall be mandated to effectively and efficiently implement this Ordinance.

SECTION 8. PENALTY. Any owner and/or proprietor of mobile phone dealers, mobile phone retailers/resel1ers and pawnshops found violating any provision of Sections 2 and 4 of this Ordinance shall .subject the same to the following, to wit:

a) First Offense

b) Second Offense

c) Third Offense

fl.l ,500.00 Fine P.3,000,00 Fine

p.S,OOO.OO Fine and/or Revocation of Business Permit or License

SECTION 9. SEPARABILITY CLAUSE. – If any provision of this Ordinance, or application thereof to any person or circumstances, is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby.

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Letter Excuses for being Absent

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Written by admin · Filed Under CDO public officers, Vice-Mayor Vicente Emano | Leave a Comment 

EO 2008CGJ-39 Odd-Even Traffic Scheme

May 24, 2008

Mayor Constantino Jaraula issued EO 2008CGJ-39 last May 5, 2008 saying that he has conducted “studies and consultations” on how vehicular traffic coming to and from east of the city needs to be re-routed based on an “odd-even coding route” and regulated using what he dubs as “Privilege Entry Passes.” Read more

Written by admin · Filed Under CDO public officers, Mayor Constantino Jaraula | Leave a Comment 

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