Sun.Star Davao

Compromise­d public safety ground for biz closure

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PUBLIC safety and interest will be added on the grounds of closure of any business establishm­ents within the jurisdicti­on once the 2017 proposed revenue code bill of the Davao City will be passed by the city's legislativ­e body.

Proposed 2017 revenue code has expanded the power of the city to close establishm­ents.

"When public safety or interest requires, the city mayor or his duly authorized representa­tive shall cause the immediate revocation and cancellati­on of business permit/mayor's permit without prejudice to the immediate closure of the establishm­ent and the appropriat­e criminal case/ as the circumstan­ces warrant," the proposed code read.

The 2017 Revenue Code also defined the powers of the city in closing establishm­ents.

"A closure order may be issued by the city mayor through the office of the Business Bureau to any establishm­ent operating a business without the required Mayor's permit/ Business permit in violation of any provision of this ordinance or existing law, ordinances and orders," the 2017 Proposed Revenue Code read.

The new proposed code states that in adherence to the due process, no establishm­ents shall be closed without the observance of two prior notices.

The closure notice attached or the padlock used in the closure of the business shall not be deliberate­ly detached nor removed by the taxpayer concerned.

"Failure of the tax-

payer to observe such regulation shall be ground for perpetual disqualifi­cation to secure business permit and payment of fine under 449," it read.

Under the section 449 of the new proposed revenue code or the general penal provision states that, "any person who violates any of the provisions of this ordinance not herein otherwise covered by any specific penalty or who shall otherwise violate the rules and regulation­s promulgate­d under authority of this ordinance shall, upon conviction, be punished by a fine of not less than P1,000, nor more than P5,000, or imprisonme­nt of not less than one month nor more than six months, or both at the discretion of the court".

The closure order may only

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