To apply for a market stall lease, you will need the following:
Qualifications:
Filipino citizenship
Residency in the municipality
Taxpayer status in the municipality
No record of market rule and regulation violations
Payment of a non-refundable application fee of 100 pesos
No ownership of a stall in any municipal or operated public market
No current employment as an official/employee of the local government unit
Documents:
Community Tax Certificate
Health Certificate
Barangay Clearance
Voters Affidavit
Police Clearance
Copy of official receipt of payment of application fee
Other requirements that may be imposed by the Board
Only one stall/space be awarded to a family which shall consist of the parent and their unmarried children who are below 18 years old.
The maximum term for a market stall lease contract is three (3) years.
Process of Declaring and Filling Up a Vacant Stall:
1. Declaration of Vacancy:
A market stall is considered vacant under any of the following circumstances (Section 58 of Ordinance 255-2021):
It is newly constructed and not yet leased.
It is declared vacant by the San Francisco Public Market Board for specific reasons, including abandonment, violation of lease terms, or death of the lessee.
It is voluntarily surrendered by the lessee.
The physical incapacity of the lessee results in refusal from their family members to administer the stall.
2. Notice of Vacancy:
A Notice of Vacancy for a vacant stall is posted in conspicuous places within ten (10) consecutive days (Section 60.1 of Ordinance 255-2021).
The notice includes details about the location, area, and rental information of the vacant stall.
3. Application for Lease:
Qualifications: Natural persons who meet the following requirements are eligible to apply (Section 57 of Ordinance 255-2021):
Filipino citizen
Resident of the municipality
Taxpayer in the municipality
No record of market rule and regulation violations
No ownership of stalls in municipal markets
Not a government official/employee at the time of application
Applicants must pay an application fee of One Hundred Pesos (P100.00) (Section 60.2 of Ordinance 255-2021).
4. Adjudication and Occupancy:
Applications are adjudicated by the San Francisco Public Market Board (Section 59 of Ordinance 255-2021).
Stall/space adjudication and right of occupancy are determined by the market committee (Section 3 of Ordinance 141-2019).
A raffle is conducted to award the vacant stall to a qualified applicant (Section 60.6 of Ordinance 255-2021).
5. Award:
The winning qualified applicant is awarded the market stall/space (Section 5 of Ordinance 141-2019).
Any applicant who feels aggrieved by the decision of the board can file a written protest within 5 days (Section 5 of Ordinance 141-2019).
6. Lease Agreement:
A Contract of Lease is executed between the lessor and the lessee (Section 63 of Ordinance 255-2021).
The contract outlines the terms and conditions of the lease, including the duration, rental rate, and responsibilities of the lessee.
7. Occupancy:
The lessee is allowed to take possession of the leased stall only upon compliance with all prescribed requirements (Section 63.4 of Ordinance 255-2021).
The stall should be kept clean and in good sanitary condition (Section 63.2 of Ordinance 255-2021).
When it is declared vacant by the San Francisco Public Market Board for the following reasons:
Abandonment by the lessee
Violation committed by the lessee in any of the terms and conditions stipulated in the contract of lease, this code, ordinances, policies, rules and regulations
Death of the lessee
Voluntary surrender by the lessee
Physical incapacity of the lessee and refusal of his/her immediate family members to administer the stall/space occupied
Dos
Keep the market stalls clean and orderly.
Use designated areas for loading and unloading goods.
Display merchandise in a way that does not obstruct the passage of customers.
Follow proper waste disposal procedures.
Wear clean and proper clothing while working in the market.
Pay the corresponding rents and fees on time.
Comply with all pertinent market laws, code, ordinances, rules and regulations.
Comply strictly with the provisions of the Health and Sanitation Code.
Enforce the ban on construction of partitions, sheds or booths within the market area.
Provide adequate and suitable lockers or other facilities for the orderly storage of clothing and personal belongings of employees or persons engaged or employed in the premises.
Don'ts
Do not sell or transfer your privilege to the Market Stall/ or Stall Building, or otherwise sublease or permit another person to conduct business thereon.
Do not engage in loafing or loitering, begging, drinking liquor, gambling or smoking in the market premises.
Do not peddle, hawk and offer for sale or expose for sale any articles in the passageways or aisles used by purchasers, open spaces and landscapes or islands, within the enterprises premises which are not designated for display or vending.
Do not obstruct or impede any market employee or personnel in the performance of his/her duty.
Do not allow children to play around stalls or in the public market premises.
Do not resist, obstruct, annoy or impede any market employee or personnel in the performance of his/her duty.
Do not construct living quarters within the enterprises premises/ buildings.
Do not alter or remove the original structure of the market or designated stall without proper permit.
Do not use the market premises for any purpose other than its intended purpose as a public market.
Do not dispose of waste improperly.
Do not cause excessive noise or disturbance in the market.
Do not bring loose animals into the market.
Do not sleep or live in the market premises.
Consequences of Violating Market Stall Lease Terms and Conditions
Cancellation of Contract: The market committee may revoke the lease contract and cancel the right to occupy the stall/space for violating the terms and conditions of the lease. (255-2021 San Francisco Market Code, SECTION 58)
Ejection: The stallholder may be ejected from the stall/space after due process. (255-2021 San Francisco Market Code, SECTION 109)
Disqualification from Future Occupancy: Individuals ejected from a stall/space for violating lease terms cannot occupy any stalls/spaces in the market in the future. (255-2021 San Francisco Market Code, SECTION 109)
Fines: Stallholders may be fined for violating specific provisions of the lease agreement, such as failing to pay rent on time or engaging in prohibited activities. (255-2021 San Francisco Market Code, SECTION 111)
Imprisonment: In some cases, individuals may face imprisonment for violating certain provisions of the lease agreement or related ordinances. (69-2017 Health and Sanitation Code, SECTION 10)
Closure of Stall: Stalls may be declared abandoned or vacant if they remain idle for 15 consecutive days or if the stallholder violates the terms and conditions of the lease. (255-2021 San Francisco Market Code, SECTION 58)