Friday, November 16, 2007

Section 4B.01 Weights and Measures

Article B. Fees for Sealing and Licensing of Weights and Measures

Section 4B.01 Imposition of Fees – Every person before using instruments of weights or measures within the City of Olongapo shall first have them sealed and licensed annually and pay therefore to the City Treasurer the following fees:

a) For sealing linear metric measures:
Tax per annum
Not over one meter
PhP 30.00
Over one meter
40.00
b) For sealing metric measures of capacity:

Not over ten liters
30.00
Over ten liters
40.00
c) For sealing metric instruments of weight with capacity of:

20 kilograms or less 50.00

21 kilograms but not more than 30 kgs
70.00
Over 30 but not more than 60 kgs
90.00
Over 60 kilograms
100.00
d) For sealing apothecary balance (sales that have a price value of P100, 000.00 or electronically operated) or other balances of precision:

30 kilograms or less
180.00
Over 30 to 300 kgs
300.00
Over 300 to 3,000 kgs 500.00

Over 3,000 kilograms
600.00
e) For sealing scale or balance with complete set of weight: For each scale or balance complete with weight for use therewith (According to the above & d)




For each Extra
40.00

For every re-testing and re-scaling of weights or measuring instruments including gasoline pumps outside the office upon request of the owner or operator, an additional service charge of Forty Pesos (PhP40.00) for each instrument shall be collected.

For each sealing of instruments of weight, an additional fee of PhP 50.00 shall be charged for the cost of the stickers.

NOTE: Apothecary weights or measures are used in pharmacy and may be expressed in terms of grams and liters metric system instead of ounces, pints and gallons.

Section 4B.02 Registration of Weighing Scales and Measures, A Requirement to the Issuance of Mayor’s Permit – All business establishments using weights and measures are required to register with the Treasurer’s Office their Weights and Measures before their Mayor’s permits are issued. The City Treasury shall keep a record of all registered weights and measures.

Section 4B.03 Exemption – All instruments of weights or measures used in government work or maintained for public use by the national government, provincial, city or municipal government shall be tested and sealed free of charge.
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Section 4B.04 Time of Payment - The fees levied in this Article shall be paid to the City treasurer when the weights or measures are sealed before their use.

Section 4B.05 Place of Payment - Persons conducting their businesses in the city shall have their weights and measures sealed and their payment of fees in the City of Olongapo.

Section 4B.06 Form and Duration of License for Use of Weight and Measure – The official receipt for the fee issued for the sealing of a weight or measure shall serve as a license to use such instrument for one (1) year from the date of sealing, unless deteriorations or damage renders the weight or measures inaccurate within that period. The license shall expire on the day and the month of the year following its original issuance and should be renewed every year. Such license shall be preserved by the owner and together with the weight or measure covered by the license shall be exhibited on demand by the City Treasurer or his deputies.

Section 4B.07 Secondary Standards Preserved by the City Treasurer; Comparison Thereof with Fundamentals Standards - The City Treasurer shall keep full sets of secondary standards in his office for use in testing of weights or measures. These secondary standards shall be compared with the fundamental standards in the Department of Science and Technology at least once a year. When found to be sufficiently accurate the secondary standards shall be distinguished by label, tag or seal and shall be accompanied by a certificate showing the amount of its variations from the fundamental standards. If the variation is of sufficient magnitude to impair the utility of instrument, it shall be destroyed at the Department of Science and Technology.

Section 4B.08 Destruction of Defective Instrument of Weights or Measures - Any defective instrument of weights or measure shall be destroyed by the City Treasurer or his authorized deputies if its defect is such that it cannot be readily and securely repaired. The City shall accredit private individual/company or entity for the repair of weights or measure which, thereafter, shall be checked and sealed by the City Treasurer.

Section 4B.09 Inspection of Weights and Measures - The City Treasurer or his authorized representative shall inspect and test instruments of weights or measures. In case the inspection and testing is conducted by his authorized representative they shall report on the condition of the instruments in the territory assigned to them. It shall be their duty to secure evidence of infringements of the law or of fraud in the use of weights or measures. Evidence so secured by them shall be presented forthwith to the City Treasurer and to the proper prosecuting officer

Section 4B.10 Dealers Permit to keep Unsealed Weight and Measures – Upon obtaining written permission from the City Treasurer, any dealer may keep unsealed instrument of weight or measure in stock, for sale until sold or used.

Section 4B.11 Fraudulent Practices Relative to Weight and Measures – Any person other than the City Treasurer or his authorized representative who places an official tag or seal upon instrument of weight or measure, or attaches it thereto; or who fraudulently imitates any mark, stamp, brand, or tag or other characteristic sign used to indicate that a weight or measure has been officially sealed; or who alters in any way the certificate given or license issued by the City Treasurer or his duly authorized representative acknowledging that the weight or measure mentioned therein have been duly sealed; or who makes or knowingly seals or use any false or counterfeit stamp, tag, certificate or license, or any dye for printing or making stamps, tag, certificate or license of the kind required by the provisions of this Article; or who alters the written or printed figures or letters on any stamp, tag, certificate or license used or issued; or who has in his possession any such false, counterfeit, restored or altered stamp, tag, certificate or license for the purpose of using or re-using the same in the payment of fees or charges imposed in this Article; or who induces the commission of any such offense by another, shall for each offense be fined of not less than One Thousand Pesos (PhP1,000.00) but not more than Five Thousand Pesos (PhP 5,000.00) or an imprisonment of not less than one (1) month but not more than six (6) months or both at the discretion of the court, without prejudice to the confiscation of said illegal weight or measure, and revocation of permit or license.

Section 4B.12 Unlawful Possession or Use of Instrument Not Sealed Before Using and Not Sealed Within Twelve Months From Last Sealing – Any person making a practice of buying or selling goods by weight or measure, or of furnishing services the value of which is estimated by weight or measure, or who has in his possession without permit any unsealed scale, balance, weight or measure, and any person who uses, in any purchase or sale or in estimating the value of any service furnished, any instrument of weight or measure that has not been officially sealed, or previously sealed, the license therefore has expired and has not been renewed in due time, shall be punished by a fine of not less than One Thousand Pesos (PhP1,000.00) but not more than Five Thousand Pesos (PhP5,000.00) or imprisonment of not less than one (1) month but not more than six (6) months, or both at the discretion of the court, without prejudice to the confiscation of said illegal weight or measure and revocation of permit or license. If, however such scale, balance, weight or measure so used has been officially sealed at some previous time and the seal and tag officially fixed thereto remain intact and in the same position and condition in which they were placed by the official sealer, and the instrument is found not to have been altered or rendered inaccurate but still to be sufficiently accurate to warrant its being sealed without repairs or alteration, such instrument shall, if presented for sealing promptly on demand by any authorized sealer or inspector of weight or measures be sealed and its owner, possessor or user of the same shall not be subject to penalty except a surcharge equal to five times the regular fee fixed by law for the sealing of an instrument of its class. This surcharge shall be collected and accounted for by the same official and in the same manner as the regular fees for sealing such instrument.

Section 4B.13 Alteration or Fraudulent Use of Instrument of Weight or Measure - Any person who with fraudulent intent alters any weight, or measure after it is officially sealed, or who knowingly uses weight or measure, whether sealed or not shall be punished by a fine of not less than One Thousand Pesos(PhP1,000.00) but not more than Five Thousand Pesos (PhP5,000.00) or by imprisonment of not less than one (1) month but not more than six(6) months or both at the discretion of Court, without prejudice to the confiscation of said illegal weight or measures and revocation of permit or license.

Section 4B.14 Compromise Power – The City Treasurer is hereby authorized to settle a case involving Article B or Chapter IV, if it does not involve commission of fraud or any offense punishable by law, before it is filed in court upon payment of a compromise penalty of not more than Five Hundred Pesos (PhP500.00).

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