Republic of the Philippines

Department of the Interior and Local Government

Bureau of Fire Protection
Regional Office 8
Southern Leyte Provincial Office
Maasin City Fire Station
Maasin, City, Southern Leyte

July 18, 2016

HON. ____________________________
Chairman, Committee on Public Safety
Dear Honorable _____________________,
This pertains to the rampant selling/retailing of liquefied fuel using BOTE-BOTE in the city of Ormoc
that hampers public safety in our community. We found out that there is an urgent need to pass a city ordinance to
neutralize and stop this kind of business that undermined public safety if not eradicated.
Department Circular No. DC 2003-11-010 of the Department of the Energy PROVIDING FOR THE
RULES AND REGULATION GOVERNING THE BUSINESS OF RETAILING LIQUID PETROLEUM
PRODUCT and the R.A 9514 otherwise known as THE NEW FIRE CODE OF THE PHILIPPINES OF 2008
are not enough to stop the selling, retailing, transporting and storage of Liquified Fuel using Bote-Bote in
Ormoc City.
WHEREFORE, the undersigned respectfully requests the Sangguniang Panlungsod of Ormoc City thru
your good office to pass a city ordinance for the interest, welfare and benefit of the people of Ormoc City for
public safety, to wit;
SECTION 1. Title. This ordinance shall be known and cited as Prohibition on the Selling or Retailing
of Liquified Fuels in Bote-Bote or Such Other Similar Containers.
SECTION 2. Definition of Terms.
a. BFP - shall refer the Bureau of Fire Protection;
b.

Bote-bote shall refer to the manner of selling, retailing, dispensing and storage of Liquified Fuel
using soda bottles, plastic containers, jugs and other similar portable containers;

c.

Barangay officials shall refer to the Barangay Chairman and Barangay Counselor/Kagawad;

d.

Confiscation - shall refer to the taken LF in bote-bote in favor of the government for public safety;

e.

DOE - shall refer to the Department of Energy;

f.

GSD - shall refer to the General Services Department;

g.

Liquified Fuels or LF - shall refer to the gasoline, diesel, and kerosene;

h.

PNP - shall refer to the Philippine National Police;

i.

Peddler - shall refer to any person involved in the retail/sale of Liquefied Fuels using Bote-Bote,
including the driver, watchman and owner thereof, or whether such person is under consignment to
retail/sell the same;

j. Vehicle - shall refer to a vehicle used in the transport/conveyance or storage of liquefied fuels in botebote.
SECTION 3. Scope and Coverage. This Ordinance shall cover the business related to the distribution,
selling, retailing and storing of Liquefied Fuels in Bote-bote within the territorial boundary of the City.

SECTION 4. Purpose. This Ordinance is being made to ensure public safety and prevent loss of lives
and properties due to distribution, selling, retailing and storage of LF in bote-bote or other similar containers not
conforming to specifications and international standards of containers that store LF.
SECTION 5. PROHIBITION. It shall be unlawful for any person to engage selling, retailing,
distribution and storing of gasoline using Bote-bote not allow by law.
SECTION 6. Enforcement. The following authorities or agencies shall be tasked to enforce this
ordinance:
The Barangay Officials shall confiscate LF in Bote-bote and deposit the confiscated liquified fuel to the
designated storage area of the city.
The PNP shall confiscate LF in Bote-bote and deposit the LF to the designated storage area, and
apprehend/arrest the seller/peddlers of LF in Bote-bote, and may file appropriate charges against such peddlers.
The BFP shall have the same power of the Barangay Officials in the confiscation of the LF in bote-bote.
SECTION 7. Procedures in Confiscation. The following are the procedure in confiscation of LF in
Bote-Bote, to wit;
a. Inform the seller/retailer that their business is now prohibited and illegal under the law;
b.

Initiate inventory to the total number if litters and list it down in a piece of paper;
c. The inventory sheet shall be signed by the seller/retailer together with the concerned
person in authority to confiscate and signed by any witness. If the seller/retailer refuses to
sign, the concerned authority shall write a refuse to sign at the lower portion of his/her
name. Copy of the inventory may be given to the seller/retailer for personal file.
d. The confiscated LF in Bote-bote shall be transported immediately to the designated area of
storage for public safety in coordination with the BFP for proper accounting and
recording.

SECTION 8. Vehicle. Any vehicle used in the transport or storage of LF in Bote-bote shall be
impounded under the custody of the PNP.
The vehicle used in the transport or storage of Bote-bote shall be penalized
___________________ for the first offence and ____________________ for the second offense.
SECTION 9. Procedures in the Impounding of Vehicle use in transport or storage of LF in Botebote, to wit;
a. Inform the driver/operator of the vehicle shall be impounded because it is used illegally in
selling, retailing, storage or transporting of LF in Bote-bote but if the driver/operator is not
around inform the seller/retailer of the same;
b. Get the copy of the conveyance clearance, Certificate of Registration and official receipt of
the vehicle if available for reference;
c. Turn over the vehicle to the PNP Authorities who has immediate jurisdiction base in their
standard operating procedure of area of responsibility;
d. The vehicle shall be released only upon payment of the prescribed penalty to the office of
the city treasurers of Ormoc City.
The City Business Permits and Licensing Office shall cause the non-approval/cancellation/suspension of
Mayors Business Permits of business establishments found to be engaged in the distribution and retail of LF in
Bote-bote.
SECTION 10. Penalty. Any person who is found to have committed the prohibited act herein shall be
subject to fine and imprisonment _______________________________.
SECTION 11. Storage Area. The General Services Department in coordination with the BFP shall
designate storage area of the confiscated LF in Bote-bote until they are cleared to be disposed.
The storage area shall be made up concrete structure and be guard when there is Liquified Fuels
stored.

SECTION 12. Disposal of Confiscated LF in Bote-bote. After five (5) days of confiscation the BFP
shall request the DOE for examine of the LF if the fuel is within the acceptable range of the Philippine National
Standards and thus still good as fuel for vehicle.
If the result is still good for the fuel for vehicle, the BFP shall submit a report to the City Mayor for
the disposal of the said LF by using it to a government vehicle in the performance of their function with the
approval of the City Mayor or his authorized representative.
But if the result of the examine shows that the said LF is not good for the use for vehicle, the LF shall
be dispose by using it in a fire drill or in a training for a fire volunteer wherein a gasoline and diesel is use to
create artificial fire to be suppress.
SECTION 13. Other related laws - the Department Circular No. DC 2003-11-010 of the Department of
the Energy and the R.A 9514 The New Fire Code of the Philippines shall serve as supplemental to this ordinance.
The Barangay Officials are included in the enforcement of the propose ordinance because they are the
first person and primary government officials knows the activities in their respective barangay.
Attached herewith is the Department Circular No. DC 2003-11-010, letter Director Antonio Labios
Department of Energy dated April 12, 2016 and June 23, 2016, memorandum from CSUPT Carlito S Romero
BFP Officer in Charge re proper Disposal of confiscated bottled flammable liquids, Resolution No. 15-35 of
Barangay Tambulilid dated November 6, 2015, Resolution No. 02-2016 of Barangay Distric X dated January 7,
2016, Resolution No. 2014-001 of Barangay Curva dated October 4, 2014 and Philippines news agency DTI dated
February 23, 2016, letter request by the City Fire Marshal to the City mayor for disposal of the gasoline, notice to
the public and pictures for references.
For your information and reference.

Very truly yours,