Ordinance Regulating Second-Hand Cellular Phones

admin — Sat, 24 May 2008 18:49:01 +0000

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

9 Introduced by Coun.cilor Ian Mark Q. Nacaya

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;

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; .

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;

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;

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;

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;

45 NOW, THEREFORE:

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

PROPOSED ORDINANCE No.

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

9 Introduced by Councilor Ian Mark Q. Nacaya

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;

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

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;

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;

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;

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;

45 NOW, THEREFORE:

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

====================

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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.

CDO dads want repair, trade-in, sale of second-hand mobile phones tracked

Letter Excuses for being Absent

admin — Sat, 24 May 2008 16:31:52 +0000

Sorry, we did not find anything on Vice-Mayor Vicente Emano except that he only attended as presiding officer once last July 2007.

Liza

No Related Post

EO 2008CGJ-39 Odd-Even Traffic Scheme

admin — Sat, 24 May 2008 16:27:28 +0000

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.”

The same order now requires all PUJ eastward bound drivers to install new sign boards printed “authorized to enter the city” atop the roof of their units and the last digit of their plate numbers, undergo seminars and agree that passengers picked up from Limketkai/Ororama to PUJ Eastbound Terminal be free of charge.

For those PUJs that enter the Eastbound Terminal like those plying the Gusa and Lapasan routes, the drivers and operators will now be required to put bear the sign “City Limit” and the odd or even number of their vehicle’s plate numbers.

Jaraula’s order includes how all PUJs with franchises to operate east of the city or “outside franchised PUJs” are now to drop by and get registered at the Gusa East-Bound PUJ Terminal and secure a “Privilege Entry Passes” at the rate of P20.00 in addition to Eastbound Terminal fee.

He said the East-Bound PUJ Terminal Management then “shall not allow more than 16 PUJ units to proceed to Ororama Mega Center or Limketkai Commercial Complex” at two-minute intervals, return to the Gusa Eastbound PUJ Terminal within 30 minutes to surrender their Privilege Entry Passes and then take their outward trips.

He added that those PUJ drivers, operators or conductors who fail to surrender the Pass shall be subject to disciplinary sanctions and those who fail to return within 30 minutes shall be issued a fine of P7.00 per minute of delay.

Moreover, these outside-franchised PUJs are to follow an odd-even code re-routing scheme which is based on their plate numbers – that is whether it ends on an odd number or an even number.

From the national highway, those PUJs with plate numbers ending on an even number or even number PUJs shall proceed to the Gusa Eastbound PUJ Terminal by taking a left at Galaxy Road then right to JR Borja Extension and then enter the terminal to get their “Privilege Entry Passes.”

These even-number PUJs shall then shall enter the JR Borja extension towards the city proper then turn right to Pimentel Street and turn left to either Ororama/Limketkai for their 30 minute stay.

These PUJs are then to head back to Gusa Eastbound PUJ Terminal by turning right at CM Recto street from the Limketkai Drive or from Ororama – pass along the back of BPI turn to the National Highway passing Lapasan via San Pedro Street then exit head eastward using the JR Borja and Galaxy Road.

Odd-number PUJs will have the same requirements above. From the Eastbond PUJ Terminal exit through San Pedro Street and turn left at CM Recto National Highway towards the City, then turn left to Ororama Mega premises.

From Limketkai Drive, odd-number PUJs will then turn right at CM Recto National Highway, then turn right at the San Pedro Street to the Eastbound PUJ Terminal. From the Ororama waiting station, proceed to Pimentel Street towards Barangay Camaman-an, then turn left at JR Borja Extension and enter the East Bound Terminal. Then exit at San Pedro Street and turn right at the National Highway. (By Liza Amarga)

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Ordinance Regulating Second-Hand Cellular Phones

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EO 2008CGJ-39 Odd-Even Traffic Scheme

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