Stop QC Individual Mayor's Permit and Health Card

The Local Government of Quezon City has issued Ordinances that infringe on the rights of employees to work within its jurisdiction. To wit:  

Article 22 of the Quezon City Revenue Code as amended:

Section 83.  It shall be unlawful for any person to exercise his occupation or calling within the jurisdiction of the city, without acquiring the Individual Mayor's Permit.

Section 84. The Mayor's Permit fee on occupation or calling shall be paid to the City Treasurer before any occupation or calling can be lawfully pursued in the city.

Furthermore, separate from the Individual Mayor’s Permit, all employees, without any exemptions, are required to secure the Health Certificate/Card under Section 4 of Quezon City Ordinance 2503.

The above Ordinances can be interpreted as prohibition to Quezon City employees to work if they will not submit Individual Mayor’s Permit and Health Certificate/Card.

The said Ordinances run in conflict with Article 23 of United Nations Universal Declaration of Human Rights that was signed by the Philippines in 1948. To wit:

(1)   Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment;

As well as well as Article XIII (Labor) of the 1987 Philippine Constitution. To wit:

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. 

This is echoed by Article II (Declaration of Principles and State Policies) of the Philippine Constitution. To wit:

Section 11. The State values the dignity of every human person and guarantees full respect for human rights. 

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

It seems the Local Government of Quezon City tries to mimic Article 20 of Labor Code of the Philippines wherein foreign workers have to secure working permit. It should be understood that, although the Republic of the Philippines guarantees the rights of foreign nationals, their rights are still subservient to the sovereign rights of the state. As such, restrictions have to be imposed in order to protect Filipino enterprises against unfair foreign competition as mandated by Article XII (National Economy and Patrimony), Section 1 of the 1987 Philippine Constitution. Needless to say, almost all of the employees working within the jurisdiction of Quezon City Government are Filipino Citizens. No conflict can be observed with the sovereign rights of the state as Article II (Declaration of Principles and State Policies), Section 1 of the 1987 Philippine Constitution, clearly states, “Sovereignty resides in the people and all government authority emanates from them.”

Since the right to work is inalienable and guaranteed by the Philippine Constitution, it cannot be prohibited by the absence of Individual Mayor’s Permit and Health Certificate/Card. Furthermore, issuance of Health Certificate/Card is unnecessary to non-food handlers and redundant as employees are required to present “Fit-To-Work” certification from company accredited doctors before being hired.

Let us analyze the requirements to secure Individual Mayor’s Permit and Health based on “Frequently Asked Questions – Health Certificate and Occupational Permit” issued by the Local Government of Quezon City.

Requirements:

1.      Proof of payment

a.      Health Card or

b.      Official receipt on payment of Health Card

2.      Submit the following documents:

a.      CTC or Cedula – should be the latest copy

b.      NBI Clearance or Police Clearance

3.      Payment of Occupational permit

4.      Photo – can be taken at the Business Permits and Licensing Office (BPLO) office

All of these require payment as stated and implied, but by how much? Let us compare

Table of Financial Cost

Item	Quezon City FAQ Version
CTC or Cedula	Php35 to Php75
NBI Clearance*	Php130
Health Certificate	Php194/Php144 for renewal
Occupational Permit	Php150
Photo	Php20
Total (first year)	Php529 to Php569
Total (renewal per year)	Php 479 to Php519

*Can be replaced by Police Clearance, Php100 but may need Barangay clearance amounting to Php100

Notice that the cost to CTC or Cedula is only pegged between Php35 to Php75. For an employee who does not own a house and no other source of income, under Section 38 of Presidential Decree No. 231, otherwise known as the Local Tax Code (LTC), an individual had to pay PhP1.00 plus PhP1.00 for every One Thousand Pesos (PhP1,000.00) of income but not to exceed Five Thousand Pesos (PhP5,000.00). However, some barangays in Quezon City charge PhP5.00 plus PhP1.00 for every One Thousand Pesos (PhP1,000.00) of income. In Mayon and other parts of Quezon City, it is PhP50.00 plus PhP1.00 for every One Thousand Pesos (PhP1,000.00) of income.

Theoretically based on LTC, minimum wage earner who has been employed for the whole year should pay at least PhP157.00 (based on PhP12,000 per month times thirteen months). Hence the information provided by Quezon City FAQ on CTC or Cedula has dubious merits.

Financial cost excludes transportation and food costs. Furthermore, employees need to file a leave of absence of at least one day to process the requirements.

The Ordinances are abusive. All employees who are accustomed not to submit Cedula and NBI Clearance or Police Clearance since their submission prior to regularization will be required to submit Cedula, NBI Clearance or Police Clearance, Occupational Permit and Health Certificate annually. To secure the requirements, employees will have to endure long queue of issuing centers of NBI or Police Clearance and pay all necessary fees that they did not use to do. Some individuals will need to camp to issuing centers as early as 2 AM just to get  NBI Clearance before 9 AM or be there at 8 AM and wait until 5:00 PM. Furthermore, they spend a total of four hours to finish a health seminar to get Health Certificate.

The Ordinances are discriminatory. Rank and file employees are required under the ordinance to secure the occupational permit, while the following are not required to secure the permit:

·         Supervisors, Managers and Directors

·         Professionals (regardless of rank), provided that:

o   They have paid for the year their Professional Tax Receipt (PTR); and

o   They are practicing their profession in line with their job in the company.

The Ordinances have promoted corruption within Quezon City Hall. There are already “fixers” or “insiders” who are offering to shorten the process by having an applicant simply pay for PhP650.00.

In summary, the Ordinances are legalized forms of extortion by hoodlums elected by the Quezon City voters. The Ordinances prohibit frontline employees within the jurisdiction of Quezon City Local Government to exercise their right to work if they will not pay and endure the burden of securing Individual Mayor’s Permit and Health Certificate.

I appeal to the humanity of his Excellency President Rodrigo Roa Duterte to uphold the rights of workers. The Filipinos have voted you because you have promised to defend the rights of the workers and bring change. You even installed labor leaders to your office and fearlessly confronted other world leaders against the abuses against Overseas Filipino Workers. We beg you to stop the Ordinances through your decree.

 I invoke Section 17, Article XIII (Human Rights) of the Philippine Constitution to summon Commission on Human Rights to investigate the said Ordinances and provide appropriate legal measures for the protection of the right to work of frontline employees within the jurisdiction of Quezon City.  

I appeal to all Filipinos to fight these abusive Ordinances. If we will turn our eyes blind to the abuses it will spread to all cities and municipalities of the Philippines. We will all suffer the same ordeal that Quezon City workers are having now.