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REPUBLIC OF THE PHalPPINES
CITY OF ILOILO
OFFICE OF THE SANGGUNIANG P ANLUNGSOD

. EXCERPT FROM THE MINUfES OF TIIB 22ND REGULAR SESSION OF THE

SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD
AT THE SESSION HALL, 2ND FLOOR ILOILO TERMINAL MARKET BUILD.lli{i .._
C:., ~
ON WEDNESDAY, 08 JUNE 2005 ,.,,.,,..,-
1
PRESENT:
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HON. GUILLERMO Y. DE LA LLANA \~~;

Presiding Officer .;:-:~ .
. . . T~ .-
HON. STEVIE REY ABITANG, Pres . SK Federation Ex-Officio Member . ~
HON. JULIENNE L. BARONDA (On Official Travel) Member
HON. JOSE S. ESPINOSA, Ill, Assistant Floor Leader Member
HON. ELY A. ESTANTE, JR. Member
HON. MERCI DRILON-GARCIA Member
HON. ERLINDA G. LIBERIAGA Member
HON. RAMON CUA LOCSIN Member
HON. JEDPATRICKE. MABILOG Member
HON.. ARMAND S. PARCON Member
HON. EDUARDO L. PENAREDONDO, Floor Leader Member
HON. ERWIN J. PLAGATA Member
HON. PERLAS. ZULUETA Member

ABSENT:

HON. JEFFREY P. GANZON Member

HON. MARIETTA V. ORLEANS, Pres.,LigangmgaBrgy. Ex-Officio Member
(On leave)

REGULATION ORDINANCE NO. 2005-144

AN ORDINANCE REGULATING THE REPAIR, SERVICE
AND MAINTENANCE, AND SALE OF SECOND HAND
MOBILE PHONE UNITS IN ILOILO CITY

Sponsored by Councilor Ely A. Estante, Jr.

and seconded by Councilors Jed Patrick E. Mabilog, Eduardo L.
PeDaredondo, Annand S. Parcon, and Erlinda G. Liberiaga

WHEREAS, Article ID, Section 458, Paragraph 3 (ii) of Republic Act 7160,
otherwise known as the LoCal Government Code, empowers the Sangguniang
Panlungsod to regulate or fix license fees for any business or practice of professions
within the City and the conditions under which the license for said business or practice of
profession may be revoked and to enact ordinance levying taxes thereon;
Page 2. RCJU!ation Qrdinsnc;e No. 2005-144. 08 June 2005

WHEREAS, the National Telecommunication Commission and the Iloilo City

Police Office reported that there is an alarming increase of cell phone incidents in Iloilo
City;

WHEREAS, the reports became rampant because the Mobile Phone Service
Centers tolerate the repair and service, and even sale of second hand mobile phone units
from unauthorized or unlawful source;

WHEREAS, there is an urgent need to regulate all Mobile Phone Service Centers,
Dealers, and Retailers/Resellers in the City governing repair and service and sale of
second hand mobile phone units to minimize the increasing number of cellphone
incidents.

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of the City

oflloilo, that:

ARTICLE I

TITLE AND SCOPE OF THE ORDINANCE

SECTION 1. Title of Ordinance - This Ordinance shall be known as "An

Ordinance Regulating the Repair and Service, and Sale of Second Hand Mobile Phone
Units in Iloilo City".

SECTION 2. Scope of Ordinance - This Ordinance shall govern the regulation

on the repair and service, and sale of second hand mobile phone units of all the Mobile
Phone Service Centers, Dealers, Retailers/Resellers and Pawnshops in Iloilo City.

ARTICLED

DEFINITIONS

SECTION I. Definition of Terms - As used in this Ordinance, the tenns shall be

defined as follows:

1.1 Cell Phone Incidents - refer to cell phone snatching, loss of cell phone
units, unblocking of NTC- blocked cell phones, unauthorized changing of
IMEI and unauthorized downloading of data from mobile phone units.

1.2 City Government- local government unit of Iloilo City.

1.3 Electronics Technician - any graduate of electrician course or any similar

course and has completed a formal training course in the repair and
servicing of mobile phone manufacturers and/or training centers duly
accredited by the Technical Education and Skills Development Authority
(TESDA).
Pase 3. RePation Ordinance No. 2005-144. 08 June 2005

1.4 Illegally-acquired mobile phone - refer to mobile phone units acquired

from unauthorized or unlawful source.

1.5 IMEi - International Mobile Equipment Identity.

1.6 Memorandum Circular 07-08-2004 - refers to the NTC Rules and

Regulations Governing the Repair, Servicing and Maintenance of Mobile
Phones.

1.7 Memorandum Circular 08-08-2004-! - refers to the NTC Additional Rules

and Regulations on the Purchase, Sale, Lease and/or Retail of Mobile
Phones.

1.8 Mobile Phone - a handheld radio communications device employing

cellular mobile telephone system (CMTS) popularly referred to as cellular
phones or cellphones, and similar technologies, capable of transmitting
and receiving voice, data, and other multimedia services by means of radio
waves.

1.9 Mobile Phone Dealer (MPD)- a person or entity primarily engaged in the
purchase, sale, lease and/or retail of mobile phones including parts and
accessories thereof.

1.10 Mobile Phone Retailer/Reseller (MPRR) - a person or entity registered

with the Commission to buy mobile phones, including parts and
accessories thereof from mobile phone dealer and engages in a limited
scale in the buy and sell to end users.lcustomers for a limited period

1.11 Mobile Phone Service Center (MPSC) - a person or entity engaged in the
repair, servicing or maintaining of mobile phone units, parts and
accessories thereof.

1.12 Mobile Phone Service Center Permit (MPSCP) - a permit issued by the
National Telecommunications Commission and the City Government
authorizing the holder thereof to engage in the repair, servicing or
maintenance of mobile phone units, parts, and accessories thereof.

1.13 Mobile Phone Dealer's Permit (MPDP) - a permit issued by the

Commission authorizing the holder thereof to engage in the purchase, sale,
lease and/or retail of mobile phones, including parts and accessories
thereof.

1.14 Officer Order 87-08-2004 - refers to the NTC Implementing Guidelines

for the Grant of Mobile Phone Dealer's Permit (MPDP).

1.15 Officer Order 86-08-2004 - refers to the NTC Implementing Guidelines

for the Grant of Mobile Phone Service Center's Permit (MPSCP).
Page 4. Rqp1l1tion Ordiwmce No. 2005-144. os June 2005

1.16 Pawnshop - it refers to a person or entity engaged in the business of

lending money on personal property delivered as security for loans and
shall be synonymous, and may be used interchangeably, with a
pawnbroker or pawnbrokerage.

1.17 PNP - Philippine National Police.

1.18 Police reports - incidents referring to cell phone snatching, lost cell phone
units and other related acts prohibited by law.

1.19 Proof of ownership - refers to official receipt, cash sales, deed of sale, or
any other proof of purchase of the unit duly approved by the Task Force
Cell Phone.

1.20 Trade in - refers to exchange or swapping of mobile phone units with

other units of a person or entity usually with additional cost.

1.21 Unauthorized or illegal source - any person or entity who is not the
authorized or legal owner of the mobile phone units.

1.22 Unauthorized repair and service - repair and service of cell phone units by
MPSC who bas prior knowledge that the unit is illegally acquired.

ARTICLEm

REGULATION ON THE REPAIR, SERVICE, AND MAINTENANCE OF

MOBILE PHONE SERVICE CENTERS

SECTION 1. General Provisions

1.1 No person shall engage in the business of a Mobile Phone Service Center
(MPSC), Mobile Phone Retailer/Reseller (MPRR), and Mobile Phone
Dealer (MPD), without first securing a necessary pennit/accreditation/
registration certificate from the NTC and the City Government. If an
MPSC, MPD or MPRR bas branches, all of its branches shall have a
separate pennit. The pennit shall be posted in a conspicuous location of
the business establishment.

1.2 All MPSC technicians must be electronics technicians, duly registered

with Task Force Cell Phone and shall be issued with an Identification Card
to be worn during business hours.

1.3 No MPSCs shall check, repair or do similar activities of any mobile unit
without the presence of the lawful owner of the unit or his authorized
representative, unless waived.
Page S. RqpdationOrdinanceNo. 2005144. 08 June 2005

1.4 No MPSC shall accept any mobile units for repair or any similar activities
without the proper identification of the prospective client and by filling-up
the infonnation sheet indicating the IMEI, scope of repair, cost and
warranty.

1.5 No MPSC, MPRR, MPD or Pawnshops shall keep an inventory of mobile

phone units, parts and accessories thereof acquired from any unauthorized
or illegal source.

1.6 No MPSC shall accept requests for unblocking of NTC-blocked mobile

phone units; repair mobile units from unauthorized source, download data
from the unit without owner's consent, and alteration of IMEI code or
number of any mobile phone unit Any case involving the said request
must be reported immediately to the Task Force.

1.7 No MPD, MPRR, or pawnshop shall purchase or accept for pawn any
mobile phone units without the proper identification of the prospective
client and proof of ownership, or clearance certificate from the Task Force
Cell Phone.

1.8 All MPSC Permit holders shall in the conduct of their respective activities
in the repair and servicing of mobile phones must strictly comply with the
provisions of this Ordinance, Memorandum Circular 07-08-2004 of NTC,
other relevant existing telecommunication laws, rules and regulations, and
subsequent issuances of NTC and Executive Orders from the City
Government.

1.9 All MPD or MPRR Permit holders shall in the conduct of their respective
activities as dealers or retailers must strictly comply with the provisions of
this Ordinance, Memorandum Circular 08-08-2004 of the NTC, other
existing telecommunication laws, rules and regulations, and subsequent
issuances of the NTC and Executive Orders from the City Government

1.10 An MPSC, MPRR, or MPD shall properly identify its business and
location by posting conspicuously at the entrance of its premises a
signboard of at least SO cm. x 100 cm dimension which shall indicate
clearly its business name, the type of services it offers, contact numbers
and its full business address.

1.11 All existing centers or establishments doing repair, servicing and

maintenance, purchase, sale, lease and/or retail of mobile phone units prior
to the enactment of this Ordinance within thirty (30) days from effectivity,
shall apply for and secure the required pennit from the National
Telecommunications Commissions and the City Government. Failure to
do so shall subject any person or entity operating any center or
establishment to closure and the imposition of appropriate fines until the
required pennit is secured.
Pye 6. Remilntion Ordinance No. 2005-144. 08 June 2005

ARTICLE IV

ENFORCEMENT

SECTION 1. The City Mayor shall create a Task Force which shall be called
TASK FORCE CELL PHONE.

SECTION 2. The TASK FORCE CELL PHONE shall be composed by the

Mayor or his duly authorized representative as Chairman and the following as members:

2.1 The Chairman of the Committee on Communication and Public

Information, Sangguniang Panlungsod or his duly authorized
representative;
2.2 The Licensing and Permit Officer or his duly authorized representative;
2.3 The City Legal Officer or his duly authorized representative; and
2.4 Such other members of the Task Force as maybe deemed necessary.

SECTION 3. The TASK FORCE shall have the following functions:

3.1 It shall be tasked to enforce and implement the Ordinance;

3.2 To inspect the business premises and monitor the activities and
transactions of MPSC, MPRR, and MPD;
3.3 To create a data bank of reported stolen or lost mobile phone units;
3.4 To seek assistance from the PNP, NTC, and other government agencies to
fully implement the ordinance;
3.5 And such other functions as may be deemed necessary to effectively
enforce the ordinance.

ARTICLEV

PENAL CLAUSE

SECTION 1. Any person, corporation or entity who shall violate this ordinance
shall suffer the penalty ot: but not limited to, suspension, cancellation and revocation of
permits and the imposition of the following fines upon the discretion of the Court:

1.1 MPSC operating without a valid permit from NTC & the
City Government ............................................. PS,000.00
1.2 Unauthorized repair and servicing of mobile phones, purchasing of stolen
or lost mobile units, unauthori7.ed changing of IMEi and unblocking the
blocked mobile units .. . . .. .. . .. . ... ... .. . ... ... .. ............ PS,000/unit

SECTION 2. Unauthorized changing of IMEi and unblocking ofNTC-blocked

Mobile phone units ... ... ... ... ... ... ... Three (3) months imprisonment
 .' '
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P!IBC 7. Rej;ulation Ordimmce No. 2005-144. 08 June 2005

ARTICLE VI

FINAL PROVISIONS

SECTION 1. Repealing Clause. Any ordinance, or order thereof inconsistent

with the provisions of this ordinance shall be deemed amended or superseded
accordingly.

SECTION 2. Effectivity. This Ordinance shall take effect after its publication in
a newspaper of general circulation in the City and Province of Iloilo.

ENACTED, 08 JUNE 2005.

I hereby certify to the correctness of the above.quoted regulation ordinance.

COUNTERSIGNED BY:

'~
D SDADA C. CARADO
ity Secretary (,?/Ile( t>5
/rer