Professional Documents
Culture Documents
2012 217
2012 217
On Official Business:
Hon. Joel L. Olivares,
On Leave:
Hon. Glenn C. Colmenares,
SP Member
Sponsor:
Hon. Nieljun C. Esdrelon
Co-Sponsor: Unanimous
City Ordinance No. 2012-217
"AN ORDINANCE CODIFYING THE CITY GENERAL ORDINANCES
OF THE ISLAND GARDEN CITY OF SAMAL (1998 - 2012)"
TITLE I
GENERAL PROVISIONS
SECTION 1. Title. - This Code shall be known as the "2012 CODIFIED
ORDINANCE OF THE ISLAND GARDEN CITY OF SAMAL".
CHAPTER 1: CONSTRUCTION AND INTERPRETATION OF THIS CODE
SECTION 2. Interpretation. - Any ambiguity or doubt as to the meaning of a word or
term used in this Code, shall be given the interpretation adopted in the original source of the
ordinance: Provided that the generally accepted Rules on Construction and Interpretation shall
have suppletory application herein.
Likewise, between the English text of this Code as herein approved, and its translation
into any dialect or language as may officially be allowed, the English text shall prevail.
TITLE II
ADMINISTRATION
CHAPTER 1: SANGGUNIANG PANLUNGSOD LOGO
SECTION 3. Rationale. The Sangguniang Panlungsod of the Island Garden City of
Samal is an entity in our local government setting that enacts laws and resolutions that prove to
be beneficial to the people of Samal. It has been labeled as the political institution that gives
paramount consideration to the well-being of Samaleos. It is also very desirous to promote the
beauty and nature of this City. Being an entity with distinct function and responsibility, the
Sanggunian Panlungsod must adopt an official seal/logo that befits the identity manifesting the
integrity of the said office.
SECTION 4. Official Logo. The 5th City Council hereby adopted the Official
Logo/Seal of the Sangguniang Panlungsod of the Island Garden City of Samal.
SECTION 5. Logo Design. The Official Logo/Seal shall be in a bright blue colored
oblong with yellow circles inside and a red circle surrounding the blue color.
On the upper portion of the blue circle, it shall be labeled with "ISLAND GARDEN
CITY OF SAMAL" carved in an Arial bold white font.
It shall have a panoramic view of the Sangguniang Panlungsod building surrounded by
full blossomed bougainvilleas with three seagulls soaring freely across the fair-weathered sky.
On the center of the logo/seal is a polished wooden gavel.
On the lower portion, it shall have a light brown-yellow wreath labeled with
"Sangguniang Panlungsod" marked with a "19" and a "98" on both ends.
SECTION 6. Symbolism. The Official Logo/Seal shall symbolize the following:
A.
B.
C.
Flying seagulls represent the inhabitants of three districts who are freely
charting their dreams and making the most of their livelihood in this City.
D.
B.
C.
D.
27th of February falls on Sunday the activity shall be conducted on the next day which is
Monday.
SECTION 10. Implementing Agency. - The City Civil Registrar's Office in
coordination with the City Treasurer's Office shall be the implementing agency of this Code and
shall formulate plans and strategies for its smooth implementation.
CHAPTER 3 : GIVING A SERVICE RING AND PLAQUE OF RECOGNITION TO
ANY ELECTED CITY OFFICIALS
SECTION 11. Coverage. - Any elected officials elected from 1995 for 3 consecutive
terms and thereafter who serve in this city regardless of elective positions shall qualify to receive
a service ring award and a plaque of recognition.
SECTION 12. Service ring and Plaque. - Service award shall be in a form of a ring
and a plaque of recognition that symbolizes the city and the office concerned and be given to the
awardee(s) on the last flag ceremony or convocation program during the last term of their office.
SECTION 13. In case of death. - In case of death, prior to the termination of the last
day of office of those elected for three (3) consecutive terms, the ring and the plaque shall be
given to the legal spouse or to the immediate member of the family. Those elected for three (3)
consecutive terms who suffered total disability shall qualify to receive the award.
SECTION 14. Value. - The amount of the ring shall not be less than Twenty Five (25)
Thousand Pesos but not more than Thirty (30) Thousand Pesos.
B.
C.
D.
E.
F.
G.
H.
Such other grounds as maybe provided in Republic 7160 and other laws.
It states a clear and concise statement of the cause or causes of action and a brief
statement of relevant and materials facts, accompanied by true copies of documentary evidence,
sworn statements covering the testimonies of his/her witnesses.
SECTION 24. Answer. - An answer is a pleading in which a defending party sets forth
his/her defenses.
SECTION 25. Caption of a Pleading. - The caption sets forth the name of the court
(Sangguniang Panlungsod), the title of the action and the docket number if assigned. The title of
the action indicates the names of the parties. They shall all be named in the original complaint.
SECTION 26. The Body. - The body of the pleading sets forth its designation, the
allegations of the party's assertions or defenses, the relief prayed for, and the date of the
pleading.
SECTION 27. Signature and Address. - Every pleading must be signed by the party
or counsel representing him, stating in either case his/her address.
WHEN TO FILE COMPLAINT AND ANSWER
SECTION 28. Filing of Complaint. - The complainant may file his/her verified
complaint against erring barangay elected official to the Sangguniang Panlungsod Secretariat and
upon payment of docket fee to the City Treasurer's Office. The complainant shall submit at least
fifteen (15) clear and legible copies of the complaint including its annexes.
After filing of the administrative complaint, the Secretary to the Sanggunian shall include
such complaint in the calendar of business in next regular session and shall be referred to the
Committee on Blue Ribbon, Good Governance, Public Ethics and Accountabilities for the
determination of probable cause.
When the committee found out that the probable cause exists in the administrative
complaint, the committee shall issue summon in which it shall require the respondent to file
his/her answer within the prescribed period. However, if such complaint fails to tender an issue
or the Sanggunian has no jurisdiction over the subject matter, the committee shall recommend to
the Quasi Judicial Body for the dismissal of the complaint.
SECTION 29. Answer to the Complaint. - The respondent shall file his/her answer to
the complaint within fifteen (15) days after service of summons, unless a different period is fixed
by the Sanggunian.
SECTION 30. Extension of time to file answer. - Upon motion/request of the
respondent and stating the reasons thereof, the Sanggunian may extend the time to file answer.
SECTION 31. Default Respondent. - If the respondent fails to answer within the
prescribed period, the Sanggunian shall, upon motion of the complainant or moto propio, declare
the respondent in default and he shall deem to have waived his/her right to present evidence. The
Sanggunian shall proceed to render judgment on the complainant's pleading, unless in its
discretion requires the complainant to submit evidence. Such reception of evidence may be
delegated to the Secretary to the Sanggunian.
FILING AND SERVICE OF PLEADINGS, MOTIONS, JUDGMENT AND OTHER
PAPERS
SECTION 32. Filing and Service defined. - Filing is the act of presenting of all
pleadings and other papers to the Sanggunian. Service is the act of providing a party with a copy
of the pleading or paper concerned.
SECTION 33. Manner of Filing. - The filing of pleadings, motions and all other
papers shall be made by presenting the copies thereof personally to the Sanggunian or by sending
them by registered mail.
SECTION 34. Modes of Service. - Service of pleadings, motions, judgment and other
papers shall be made either personally or by mail.
SECTION 35. Personal Service. - Service of all papers may be made by delivering
personally a copy to the party or his/her counsel or by leaving it in his/her office with his/her
clerk or with person having charge thereof or leaving it in respondent's residence with some
person of suitable age.
SECTION 36. Service by Registered Mail. - Service by registered mail shall made by
depositing the copy in the mailing office, in a sealed envelop, plainly addressed to the party or
his/her counsel at his/her office, if known, otherwise at his/her residence.
SECTION 37. Proof of Service. - Proof of personal service shall consist of a written
acknowledgment of a party or his/her counsel who personally signed the transmittal which
contains date and place received.
If service is made by registered mail, proof shall be made by the registry receipt which
issued by the mailing office.
SUMMONS
SECTION 38. Sanggunian to Issue Summons. - Upon the filing of the administrative
complaint and the payment of the requisite legal fees, the Sanggunian shall forthwith issue the
corresponding summons to the respondent.
SECTION 39. Contents of Summons. - The summons shall be directed to the
respondent, signed by the Secretary to the Sanggunian and contain the following:
A.
The name of the Quasi-Judicial Body and the name of the parties in action;
B.
A direction that the respondent shall answer the complaint within the
prescribed period;
C.
A notice that if he fails to answer with the prescribed period, the Sanggunian
shall, upon motion of the complainant or moto propio, declare the respondent
in default and he shall deem to have waived his/her right to present evidence.
The Sanggunian shall render judgment by default and may be granted the relief
applied for.
SECTION 40. By Whom the summon served. - The summons may be served by the
Sanggunian Panlungsod Secretariat staff, or authorized agent, or for justifiable reasons by any
suitable person authorized by the Sanggunian issuing the summons.
SECTION 41. Service of Summons. - Whenever practicable, the summons shall be
served by handing a copy thereof to the respondent in person, or if he refuses to receive and sign
for it, by tendering it to him.
SECTION 42. Substituted Service of Summons. - If, for justifiable causes, the
defendant cannot be served within a reasonable time as provided in the preceding section, service
may be affected by the following:
A.
B.
SECTION 43. Proof of Service of Summons. - The proof of service of summons shall
be made in writing by the server, shall set forth the manner, place and date of service, shall
specify any papers which have been served with the process and the name of the person who
received the same.
PRE-TRIAL CONFERENCE
SECTION 44. When Conducted. - After the answer has been served and filed, it shall
be the duty of the Sanggunian to promptly conduct a pre-trial conference.
SECTION 45. Pre-Trial Conference. - Within ten (10) days after the answer is being
filed, the Sanggunian, upon the motion of any interested parties or the direct parties and/or legal
counsel to appear before it for a conference to consider the following:
A.
Simplification of issues;
B.
C.
D.
E.
Such other matters as may aid in the speedy disposition of the case.
SECTION 46. Summary, Judgment or Resolution. - If the complaint and the answer
do not raise a question of fact and involves purely a question of law. The Sanggunian may
dispose of the case based on the pleading and documents submitted and on existing applicable
jurisprudence of previous decisions. In cases of the first impression, the parties, aside from the
pleading filed, may be required to submit their respected paper or memoranda. However, the
Sanggunian may call the parties to answer clarificatory questions after submission of their
respective memoranda.
SECTION 47. Oaths Affirmations, Witnesses and Production of Records - In all
cases pending before it, the Sanggunian shall have the power to issue subpoena duces tecum and
subpoena ad testificandum to compel the person to testify and to produce books, papers and
other records deemed necessary as evidence. Any person without lawful excuse, who fail or
refuse to make oath, give testimony or produce documentary evidence shall be dealt with in
accordance with existing laws.
The Sangguniang Panlungsod member shall have the power to administer oaths or
affirmations in all matters pending before it.
SECTION 48. Submission of Position Papers. - During the Pre-trial conference, or
immediately thereafter, the Sanggunian shall require the parties to simultaneously submit their
respective verified position papers, which shall cover only the issue raised in the pleadings,
accompanied by all supporting documents then available to them and the affidavits of their
witnesses shall take the place of their direct testimony. The parties thereafter not be allowed to
allege, or present evidence to prove facts not referred to in any cause or causes of action, not
included in the pleading or position papers, affidavit and other documents. The parties shall
furnish each other with copies of the position papers, together with the supporting documents
submitted to them.
SECTION 49. Determination of Necessity of a Hearing. - Immediately after the
submission of the parties of their position papers and other supporting proofs, the Sanggunian
shall determine if there is a need for formal hearing or investigation. The Sanggunian may illicit
pertinent facts or information, including documentary evidence, if any from any party or witness
to complete the facts of the case. Facts of information so elicited may serve as a basis for
clarification, simplification of the issues in the case, encouraging for this purpose the submission
by the parties of admissions and stipulations of fact to abbreviate the proceedings.
SECTION 50. Role of the Committee on Good Government, Public Ethics and
Accountabilities and Blue Ribbon. - In any contested case, the committee shall have the power
to investigate and to look into the facts of each alleged violation the extent of the alleged
violation, the rule of laws violated and the imposable penalty or penalties. Further, the
committee shall recommend to the Quasi-Judicial Body the result of the investigation for
appropriate administrative action.
suspension, but upon subsequent exoneration and reinstatement, he/she shall be paid full
salary/compensation including such emoluments accruing during the suspension.
DECISIONS, RESOLUTIONS AND ORDERS
SECTION 56. Executive Session. - Within the 15 days from submission of the case for
decision, the Sanggunian shall meet in an Executive Session to discuss the action to be taken.
As soon as the consensus is arrive. A ponente shall be chosen among the members voting for a
particular course of action, without prejudice to the submission of the individual concurring or
dissenting opinions, as the case may be, when so desired by the members concerned.
SECTION 57. Decision, Resolution or Order. - All final decisions, resolution and
Orders by the Sanggunian shall require the concurrence of the majority of all members and shall
bear the seal of the Sangguniang Panlungsod after it shall have been considered and approved in
a session thereof within 30 days after the end of the investigation. Prior thereto, no copy of the
decision, resolution or order shall be released to the parties or to the public. Only the Presiding
Officer shall release such decision, resolution or order.
SECTION 58. Service of the Decision, Resolution or Order. - All decision,
resolution or order of the Sangguniang Panlungsod shall be served by its secretariat to the parties
and their legal counsel either personally or by registered mail. In case of service by registered
mail, the registry return receipt shall be prima facie evidence of the receipt of the decision,
resolution or order by the addressee in due course of such mail.
Personal service is complete upon actual delivery. Service by registered mail is
complete upon the actual receipt by the addressee, but if he/she fails to claim his/her mail from
the Post Office within 5 days from the date of the 1st notice, service shall take effect upon the
expiration of such time.
SECTION 59. Motion for Reconsideration. - The party aggrieved by the decision,
resolution or order by the Sanggunian may file a motion for reconsideration thereof, within15
calendar days from receipt of the same.
The filing of the motion for reconsideration shall interrupt the running of the period to
appeal, unless said motion is pro forma.
The party interested in upholding the decision, resolution or order of the Sanggunian may
file his/her opposition to the motion for reconsideration at any time before the resolution of such
motion, provided, that not more than one motion for reconsideration shall be allowed to any
party.
ADMINISTRATIVE APPEALS
SECTION 60. Appeals. - Any decision, resolution or final order by the Sangguniang
Panlungsod, in the absence of the appeal therefrom as herein provided, shall become final 30
calendar days after the date of the notification to the parties. The filing of the motion for
reconsideration by any party suspends the running of the period to appeal. A party may appeal
to the Sangguniang Panlalawigan.
EXECUTION OF THE FINAL DECISION, RESOLUTION OR ORDER
SECTION 61. Execution of final decision, resolution or order. - Any decision,
resolution or order imposing a penalty of suspension or removal that has become final and
executory shall be enforced and executed by the City Mayor.
SECTION 62. Execution pending appeal. - An appeal shall not prevent a decision
from becoming final and executory. The respondent shall be considered as having place under
preventive suspension during the pendency of the appeal. In the event the appeal results in the
exoneration of the respondent, he shall be paid his/her salary and such other emoluments
occurring during the pendency of the appeal.
COVERAGE AND APPLICABILITY
SECTION 63. Coverage and applicability. - The rules shall apply to cases filed
against any elective Barangay Officials before the office of the Sangguniang Panlungsod of the
Island Garden City of Samal.
assigned. It may also be co-existent with the incumbent or with the period
for which an agency or office was created.
F. Casual Appointment - issued to a person to do only essential and
necessary services where there are not enough regular staff to meet the
demands of the service.
G. Contractual Appointment - issued to a person to undertake a specific
work or job for a limited period not to exceed one year.
H. Reappointment - is the re-issuance of an appointment during
reorganization, devolution, salary standardization, re-rationalization or
similar events. Reappointment presupposes no gap in the service.
Members:
1.
2.
3.
4.
5.
6.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Staffing Pattern of all Offices under the Executive and Legislative Departments, to wit:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
SECTION 66. Special Provision. - The position of Security Guard under the Office of
the City Mayor, and Carpenter, Electrician, Park Attendant and Administrative Aide III under the
General Services Office, shall be automatically abolished when the present occupant is no longer
qualified to the position, or will retire, resign or be terminated from the service.
SECTION 67. Preparation of Budget allocation. - The Budget Allocation and
Plantilla of Personnel of all Departments/Offices of the City Government of the Island Garden
City of Samal shall be provided/prepared in accordance with the approved organizational
structure and staffing pattern.
SECTION 68. Mandatory Review. - The Sangguniang Panlungsod shall undertake a
mandatory review of this Code at least once every five (5) years and as often as it may deem
necessary with the primary objective of providing a more responsive and accountable local
government structure.
TITLE III
BARANGAY AFFAIRS
CHAPTER 1: GUIDELINES IN ORGANIZATION OF PUROKS
GENERAL ATTRIBUTES OF PUROKS
SECTION 69. Organization of Puroks. - As a general rule, the organization of Puroks
shall be based on the expressed desire of the residents as to the necessity of organizing one.
Any person can be a member of a purok provided he/she is an actual resident and living
in the said Purok for at least six (6) months prior to his application for membership.
SECTION 70. Beginning of Corporate Existence. - When a new Purok is organized,
its existence shall commence upon the qualification of a Purok Leader and the majority of the
members of its Purok Council.
ROLE AND ORGANIZATION OF PUROKS
SECTION 71. Role of the Puroks. - The Purok serves as a forum in which the collective
views of the people in the community maybe crystallized and considered.
SECTION 72. Manner of Organization. - A Purok maybe organized, named and its
boundaries defined, altered or modified by an Ordinance of the Sangguniang Barangay duly
confirmed by the Sangguniang Panlungsod subject for ratification by a majority votes cast in a
Purok assembly to be conducted by the Barangay Council in coordination with the Sangguniang
Panlungsod Committee on Barangay Affairs to be held in the Purok or Puroks affected within
such period of time as may be determined by an Ordinance organizing the said Purok.
SECTION 73. Requisite for the Organization. - A Purok maybe organized within a
contiguous territory with a population of at least thirty (30) households, provided, the
organization thereof shall not reduce the population of the mother Purok to less than thirty (30)
households.
The territorial jurisdiction of the new Purok shall be properly determined and identified
by the residents subject to the approval of the Sangguniang Barangay thru an Ordinance or
resolution.
SECTION 74. Naming of Puroks. - The naming of the new Puroks shall be decided by
the majority of the Purok Members. In no case shall a new Purok be named after a living
person. The name of an existing Purok shall not be changed unless for a justifiable reason.
permanent vacancy arises when the Purok leader refuses to assume office, failed to qualify, dies
or removes from his office, voluntarily resigns or otherwise permanently incapacitated to
discharge the functions of his office, a member of the Purok Council who obtains the highest
number of votes shall exercise the function and responsibilities of a Purok Leader for a period
corresponding to the temporary incapacity of the Purok Leader on leave of absence.
SUSPENSION AND REMOVAL
SECTION 81. Suspension and Removal Grounds. - An elected Purok Official shall
be suspended or removed from office on any of the following grounds committed while in office:
A.
B.
C.
D.
E.
Abuse of authority;
F.
SECTION 82. Form and Filing of Complaints. - The Sangguniang Barangay en banc
shall conduct a fact finding investigation and submit recommendation together with its finding of
the merit of the case to the Punong Barangay who shall decide whether to suspend or remove the
erring Purok officials.
SECTION 83. Reconsideration of Decision. - Administrative appeal from the decision
of suspension or removal shall be made within thirty (30) days from the date when the same was
received, to the Sangguniang Panlungsod. If no action is taken from the Sangguniang
Panlungsod within the same period of thirty (30) days from receipt thereof, the decision of the
Punong Barangay shall be deemed final and executory.
CHAPTER 2: SETTLEMENT OF PUROK BOUNDARY DISPUTE
SECTION 84. Purok Boundary Dispute. - Boundary dispute between Puroks within
the same barangay shall be heard and decided by the Sangguniang Barangay for the purpose of
affording the parties an opportunity to reach an amicable settlement. In case no settlement is
reached within sixty (60) days from the date the dispute was referred to the Sangguniang
Barangay, the latter shall render their decision.
PUROK OFFICIALS AND OFFICE IN GENERAL
SECTION 85. Purok Officials. - There shall be in each Purok a Purok Leader and
seven (7) as amended elective council members; a Purok Secretary and a Purok Treasurer.
Other positions or offices may be created as maybe deemed necessary to carry out the purpose of
the Purok.
The Sangguniang Barangay shall prescribe minimum standards and guidelines with
respect to the organizational structure, and other relevant operational aspects of the Purok
according to their needs.
THE PUROK LEADER
SECTION 86. Duties and Responsibilities. - The Purok Leader shall be the
chairperson of the Purok and shall exercise such duties and responsibilities as provided in the
Ordinance and other Laws.
A.
He/She shall assist in the enforcement of all laws and ordinances which are
operative within the Purok;
B.
C.
He/She shall call and preside over the meetings of the Purok Council and the
Purok assembly, and vote to break a tie;
D.
He/She shall appoint or replace a Purok Secretary, Purok Treasurer and other
officers of the Purok, upon approval by a majority of the Members of the
Purok Council;
E.
He/She shall organize and head an emergency group whenever the same
maybe necessary for the maintenance of peace and order within the Purok;
F.
G.
He/She shall perform such other duties and responsibilities as maybe provided
by law or ordinance.
H.
PUROK COUNCIL
SECTION 87. Composition. - The Purok Council shall be the policy making Body of
the Purok and shall compose of the Purok Leader as Presiding Officer and the seven (7) Purok
Council Members elected, as members.
SECTION 88. Duties and Responsibilities. - The Purok Council shall have the
following duties and responsibilities:
A.
Discharge the responsibilities conferred upon it by this code and such shall
promote health and safety, enhance the prosperity and general welfare, improve
the morale and maintain peace and order in the Purok and preserve the comfort
and convenience of the inhabitants therein.
B.
Provide voluntary help for the construction and maintenance of roads, bridges,
sidewalks, playgrounds and parks, school buildings, water systems, drainage,
irrigation sewerage and other public works, projects and facilities within the
Purok.
C.
D.
E.
Assist in the proper development and welfare of the children in the Purok and deal
with the problem of juvenile delinquency in consonance with the existing laws
and assist in establishing a non-formal education and training to adults and
out-of-school youth to enable them to acquire skills for industry and agriculture,
improve the literacy of those who cannot avail of the facilities of formal
education, prepare them for productive activities by developing their self-reliance,
proper attitude and behavior towards work and implement the non-formal policies
and programs of the Department of Education (DepEd).
SECTION 89. Duties of Purok Council Members. - It shall be the prime duty of the
Purok Council Members to attend every meeting of the Purok. In addition to their duties as
members of the Purok Council, they shall assist the Purok Leader in the discharge of his/her
duties, assist the peace officers in the maintenance of public order in their Purok, perform such
other duties as the Purok Leader may delegate or as may be provided by this Code.
APPOINTIVE PUROK OFFICIALS
SECTION 90. The Purok Secretary. - The Purok Leader shall appoint the Purok
Secretary who shall hold office at the pleasure of his/her office.
No person shall be appointed Purok Secretary unless he/she is a member of the Purok.
He/she shall:
A.
Keep custody of all records of the Purok Council and the Purok assembly
meetings;
B.
Prepare and keep the minutes of all meetings of the Purok council and the
Purok assembly;
C.
Prepare separate list of the members of the Purok and the registered voters
of the Purok assembly and have the same posted in conspicuous places
within the Purok;
D.
E.
F.
Keep the records of all inhabitants of the Purok containing the following
items of information: name, address, place and date of birth, sex
citizenship, occupation and such other items of information as maybe
deemed necessary; and
G.
SECTION 91. The Purok Treasurer. - The Purok Leader shall appoint the Purok
Treasurer with the concurrence of the Purok council members. No person shall be appointed
Purok Treasurer unless he/she is a member of the Purok. He/She shall:
A.
B.
Receive and collect amounts accruing to the Purok and issue receipt
relative thereto; and
Perform such other duties and functions as may be prescribed by this
Code.
C.
PUROK ASSEMBLY
SECTION 92. Composition/Assembly A.
B.
The Purok assembly shall meet at least twice a year to hear and discuss the
semestral report of the Purok Council concerning its activities and
finances. The meeting shall be held upon the call of the Purok Leader or at
least one tenth of the members.
C.
No meeting of the Purok assembly shall take place unless notice is given
one week prior to the meeting except on matters involving public safety or
security in which case notice within a reasonable time shall be sufficient.
The Purok Leader or in his/her absence, the Purok Council Member acting
as Purok Leader, shall act as the Presiding Officer at all meetings or
assembly.
D.
E.
For the purpose of conducting business and taking official actions in the
Purok assembly, it is necessary that at least one fourth (1/4) of its
members be present to constitute a quorum. All actions shall require a
majority of those present voting at a meeting, there being a quorum.
B.
Hear the semestral report of the Purok Council concerning its activities
and finances.
SECTION 94. Entitlement to Purok Aids. The purok organizations shall be entitled to
purok aids, as may be determined by the Sangguniang Barangay, when the Sangguniang
Barangay so desires, and when the barangay fund is sufficient.
SECTION 95. Purok Foundation Day "Araw ng Purok". The purok organizations
may declare their own foundation day (Araw ng Purok) through a barangay ordinance duly
enacted by the barangay concerned, provided that the said day does not fall on any legal holiday.
SECTION 96. Assignment of a Barangay Health Worker and Civilian Volunteer
Organization. Every purok organization is entitled to have a Barangay Health Worker (BHW)
and a Civilian Volunteer Organization (CVO) assigned within their respective area of
jurisdiction. If no BHW or CVO is available, the Purok Leader may hire another BHW or CVO
from another purok or request Punong Barangay for BHW or CVO to be assigned in their area.
SECTION 97. Acceptance of Donations. Any individual who wish to avail for purok
clearance or other purok services may contribute or donate any amount to the Purok Treasurer.
Any amount collected shall accrue to the general funds of the purok.
CHAPTER 3: SETTING GUIDELINES FOR NAMING AND RENAMING OF ALL
CITY AND BARANGAY ROADS/STREETS, PUBLIC PLACES AND STRUCTURES
SECTION 98. Definition of Terms. - For purposes of better understanding, the
following terms used in this Code shall define as follows:
A.
Street - a pedestrian and vehicle thoroughfare within urban, sub urban and
rural area.
B.
C.
D.
Public Place - any open or enclosed area purposely for public utilization
such as parks, markets and other places open for general public.
SECTION 99. Guidelines and Limitations. - Street naming shall be accorded to the
Local Government Code of 1991 which clearly states in Article 23 Rule IV that no name for
LGU's public places, streets/roads and structures with historical, cultural or ethnic significance
shall be changed unless by unanimous vote of the Sanggunian and in consultation with the
National Historical Institute (NHI). Naming shall be subject to the following conditions:
A.
B.
C.
A change in name shall not be more than once every ten (10) years;
D.
The whole length of the street shall have only one (1) name per district;
E.
F.
SECTION 100. Procedure. - City and Barangay roads, public places and structures
shall be named only by the Sangguniang Panlungsod with recommendation and justification thru
a resolution from the Barangay Unit concerned. However, if the Barangay fails to submit its
resolution, the Sangguniang Panlungsod may name the road or street, public places and
structures.
The Barangay Council shall submit a resolution recommending an appropriate street
names based on the specification stated below and shall be subject to the approval of the City
Council of the Island Garden City of Samal.
The Thirty One (31) coastal Barangay stated below shall use the names of aquamarine species.
1. 1.
Barangay Camudmud
2. Barangay Tambo
3. Barangay San Isidro, Babak
4. Barangay Libuak
5. Barangay Balet
6. Barangay Tagpopongan
7. Barangay Pichon
8. Barangay Villarica
9. Barangay Kinawitnon
10. Barangay Caliclic
11. Barangay Limao
12. Barangay Catagman
13. Barangay San Miguel
14. Barangay Peaplata
15. Barangay Cawag
16. Barangay San Jose
17. Barangay Aumbay
18. Barangay Tagbay
19. Barangay Aundanao
20. Barangay Adecor
21. Barangay Poblacion Kaputian
22. Barangay San Isidro, Kaputian
23. Barangay Libertad
24. Barangay San Remegio
25. Barangay Pangubatan
26. Barangay Kanaan
27. Barangay Tagbaobo
28. Barangay Cogon-Kaputian
29. Barangay Linosutan
30. Barangay Dadatan
31. Barangay Sta. Cruz
The remaining fifteen (15) barangays which stated below shall have a choice between animals
and plants as names of their streets.
1. Barangay Cogon-Babak
2. Barangay Toril
3. Barangay San Agustin
4. Barangay Mambago-B
5. Barangay Sto. Nio
6. Barangay San Antonio
7. Barangay Mambago-A
8. Barangay Tagdaliao
9. Barangay Licup
10. Barangay Tagbitan-ag
11. Barangay Guilon
12. Barangay Del Monte
NAME OF STREET
Bolinao Street
LOCATION
Purok 4 Sitio Pendaun
Octopus Street
Pendaun Street
White Squid Street
Aubangon Street
Tamban Street
Purok 2
Bilabid Street
Purok 2
Toba-Toba Street
Purok 3
Purok 5
Bantaun Street
Ligtong Street
Benoni Street
JUSTIFICATION
Old fish landing for Bolinao
fish (bolinawan)
New
Huge native tree Sama dialect
New
Fresh water shrimp Sama
dialect
Old fish landing for
mananamban (fishermen for
Tamban fish)
Known for white sand area
Sama dialect
Known for Toba-toba plant
area
Donated by Mr. Andres Guitan
(deceased)
Old native tree Sama dialect
Sama word for cove
Sama dialect
SECTION 104. Street Names of Barangay Del Monte. - The streets of Barangay Del
Monte shall have a choice between animals and plants as names of their streets.
NAME OF STREET LOCATION
Kwahaw Street
Purok 4 to Sitio Barangay
Tikling Street
Purok 3 corner National
Highway to San Jose
Tamsi Street
Purok 1 corner National
Highway to Brgy. Tagbay
Maya Street
Purok 1B corner National
Highway to Brgy. Aumbay
Pikoy Street
Purok 5 corner National
Highway to Purok 3 and 4
Siloy Street
Purok 1 to Brgy. Hall Area
Sal-ing Street
Purok 1 corner National
Highway to Sitio Barangay
Tabon Street
Purok corner National Highway
to Brgy. Aumbay
Kalaw Street
Purok 1A corner National
Highway to Tamsi Street
Banog Street
Purok 6 corner National
Highway to Brgy. Aumbay
Kwago Street
Purok 7 corner National
Highway to Sitio Benone, San
Jose
Teofila Montejo
Purok 3, Del Monte
Barangay Park
JUSTIFICATION
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
City Ordinance No. 2007-123
Lot Donor
SECTION 105. Street Names of Barangay Cogon, Babak District. - The streets of
Barangay Cogon, Babak District shall have a choice between animals and plants as names of
their streets.
NAME OF STREET
San Francisco St.
Doranta St.
Kalipay St.
Fortune St.
Sampaguita A St.
Sampaguita B St.
LOCATION
Corner Kalipay st. to Purok 7
From city road (going to Brgy. Toril)
to Corner Kalipay st.
From corner Doranta st. to Purok 6
(Tuguak, Libuak)
From Doranta st. to Purok 8
From city road to Sampaguita D (Mid
Section) Purok 1
From city road to corner of
Sampaguita D st. (south bound)
Purok 1
JUSTIFICATION
City Ordinance No. 2011-178
City Ordinance No. 2011-178
City Ordinance No. 2011-178
City Ordinance No. 2011-178
City Ordinance No. 2011-178
City Ordinance No. 2011-178
Sampaguita C St.
Sampaguita D St.
Sampaguita E St.
Julius Romero Alley
GK Relocation
Nicolas Cano Alley
Serapio Bustillos Alley
Caballero Alley
Refugio Alley
Santan A St.
Santan B St.
Santan C St.
Damag Alley
Bastasa Alley
Dalagang Bukid St.
Sabrina Bungcalas
Alley
Bening Bungcalas
Alley
Juan Bastasa Alley
Florentino Cortez Alley
Bombil St.
Orchid St.
Carpa Street
Hito Street
Matambaka Street
Tilapia Street
Lapu-Lapu Street
LOCATION
From corner Hito St. to
boundary of Barangay Del
Monte
From corner Hito St. to Purok
1-A/going to Anonang
From City Road to corner
Tilapia St./Purok 7
From City Road to Purok 5
From City Road to corner
Hito St./Purok 7
From City Road to Purok 4
JUSTIFICATION
City Ordinance No.2011-178
SECTION 107. Street Names of Barangay San Isidro, Babak District. - The streets
of Barangay Aumbay shall use the names of aquamarine species.
NAME OF STREET
Bombil Street
Rosal Street
Rosas Street
Flordeliz Street
Santan Street
Gumamela Street
Bakhaw Alley
Sea Grass Street
Lerio Street
LOCATION
JUSTIFICATION
Welcome Arc Purok 2
City Ordinance No. 2011-178
going to San Isidro Chapel
Hon. Federico E.
City Ordinance No. 2011-178
Guadalquiver Area
Barangay Hall Area
City Ordinance No. 2011-178
Purok 10 going to Crush
City Ordinance No. 2011-178
Site and Purok 6
Hon. Rande M.
City Ordinance No. 2011-178
Tambilawan going to San
Isidro Elem. School
Waiting Shade Paa's going City Ordinance No. 2011-178
to Motor terminal
Motor Terminal going to
City Ordinance No. 2011-178
Mangrovetum Area
Purok 9 going to Purok 4
City Ordinance No. 2011-178
Dasag Area
Purok 5 going to Ilihan
City Ordinance No. 2011-178
Purok 8
Aninikad Street
TITLE IV
CHILD WELFARE
CHAPTER 1: OBSERVANCE OF CURFEW HOURS FOR MINORS
SECTION 108. Definitions of terms. Curfew Hours - refers to a specific time restricted for minors to go outside their
houses, dormitories and boarding houses.
SECTION 109. Curfew Hours. - it is unlawful to all minors of ages below
eighteen(18) years old to stay outside their houses, dormitories and boarding houses in the Island
Garden City of Samal after 11:00 o'clock in the evening up to 4:00 o'clock in the morning.
SECTION 110. Exemptions. - Minors are exempted from this Code under the
following circumstances:
A.
B.
C.
D.
when attending meetings provided that they have a written notice of the
meeting or clearance from their guardian/parent.
E.
F.
when there are fiestas, holiday seasons and other related special occasions
that they are accompanied by adults.
G.
SECTION 111. Penalty Clause. - The penalties for the violation of this Code are as
follows:
A.
and if ever they are hesitant to go home they shall be kept for custody for
safekeeping purposes not more than six hours (6) hours to the Barangay
Halls or Police Stations.
B.
For subsequent offense, the minor shall be referred to the City Social
Welfare and Development Office for proper counseling and formation.
"Children" refers to persons below eighteen (18) years of age or those over
but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
B.
C.
D.
"Protection Rights" cover those which guard children against all forms of
child abuse, exploitation and discrimination in the major areas where a
child is considered in an extremely difficult circumstance.
E.
F.
G.
1.
2.
3.
4.
2.
3.
H.
4.
5.
6.
7.
8.
2.
Child trafficking;
3.
4.
5.
J.
"Junk Foods" are foodstuffs which are processed with artificial flavors,
coloring and preservatives and which have been found to contain
carcinogenic elements harmful for the body or those sold beyond their
expiry period.
K.
L.
1.
2.
3.
4.
5.
6.
"Benefit Dance" refers to a dance in the locality where young girls and
boys in the process are being commoditized for fund raising purpose.
M.
B.
C.
Care for children of working parents during the day and, where feasible,
care for children up to six (6) years of age of parents are working at night;
Provided, the day care need not to take care of the children in a particular
place but shall develop network of homes where adults may take care of
the children up to six (6) years of age of working parents during work
hours, with adequate supervision from the Supervising Social Welfare
Officer of the Island Garden City of Samal; Provided, further, that where
young children are left to the care of a paid domestic, an elderly relative or
older children without adequate and competent adult supervision until the
children's care meets adequate standards whereby the children under their
care will develop normally as healthy, happy and loved children, even in
the absence of their parents during working hours;
D.
E.
A Reproductive Health Care Center for pregnant mothers for prenatal and
neonatal care and, in the proper case for delivery of the infant under
conditions which will remove or minimize risk to mother and child:
Provided, That high risk mothers shall be referred to the proper tertiary or
secondary care service personnel and children who are at risk from any
conditions or illness will be brought for care. Provided, further, that
"hilots" and barangay health workers are provided the needed basic
training for normal delivery and are trained to recognize high-risk
pregnancies which should be referred to competent obstetrical and
pediatric medical care for mother and child who are at risk;
G.
H.
I.
B.
Population Based-Day Care Center Setting Up. The day care centers
shall be set up in every barangay. The number of such centers shall
depend on the population level of the children and how depressed the
barangay as may be determined by the City Social Welfare and
Development Office of the Island Garden City of Samal. Parents Program
multi-disciplinal special hospital shall not however, assume the function of the primary health
care available at the barangay level. The Island Garden City of Samal Pediatric Society shall be
involved in the final promulgation of program of the Children's Hospital under the Task Force on
Child Health which shall be formed by the City Health Office within one (1) year of the
effectivity of this Code.
SECTION 121. Survey and active program for differently-abled children. The
Local Government of the Island Garden City of Samal shall make a periodic comprehensive
survey on the differently-abled children in the City which should be Child-focused and specific.
It is basic to achieve a more systematic coordination of services (health, nutrition and education)
for children with special needs.
SECTION 122. Investment in educators and health professional training program
for Special Program with differently-abled children. Training program for educators and
health professional handling differently-abled children shall form part of the priority of the local
government of Island Garden City of Samal.
SECTION 123. Barangay Level Recreational Cultural Facilities and Program. A
barangay level program for the revival of indigenous games reflective of the cultural diversity in
the Island Garden City of Samal shall be installed. The Local Government of Island Garden
City of Samal shall allocate space for recreation and provide recreational facilities appropriate
for children's age group and gender shall be designed with due respect to cultural diversity.
SECTION 124. Local Children's Literature. In support to the socio-cultural of
children in the Island Garden City of Samal, the Local Government of Island Garden City of
Samal shall invest in the production of local or other relevant materials for children.
SECTION 125. Parenting Orientation Courses. Marriage License applicants shall
be required to participate to a Parenting Orientation Course among other requirements, prior to
the issuance of marriage license by the Civil Registrar. This course becomes and integral part of
existing Family Planning Seminar or Reproductive Health Course Pre-Marriage Counseling.
The Local Government of the Island Garden City of Samal thru the City Social Welfare and
Development Office, in close coordination with the City Health Office and the City Civil
Registrar Office, shall update the family planning seminar in recognizance of this Code.
Implementing guidelines for this Code shall be formulated by the City Social Welfare
and Development Office in close coordination with the Office of the Civil Registrar.
Modules for these courses shall be designed by the City Social Services and
Development Office of Island Garden City of Samal, in close coordination with NGO
child-focused programs.
PROTECTION AND SECURITY RIGHTS OF CHILDREN
SECTION 126. Protection on Child Abuse, Exploitation and Discrimination.
There shall be a comprehensive program to be formulated by the Island Garden City of Samal
Social Welfare and Development Office and the City Council for the Protection of Children of
the Island Garden City of Samal, in coordination with City Social Welfare and Development
Office, other government agencies, and the private sector concerned with one (1) year from the
effectivity of this Code, to protect children against child prostitution and other form of sexual
abuse, child trafficking, obscene publications and indecent shows and other acts of abuse and
circumstances which endanger child survival and normal development.
SECTION 127. Child Prostitution and other forms of sexual abuse. Children
whether male or female, who for money, profit or any consideration or due to the coercion or
influence of any adult, syndicate or groups, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other form of sexual abuse.
The penalty as prescribed in Section 5 of Republic Act No. 7610 <../Codified
Ordinance/Annex/Republic Act No 7610.doc> (Please see Annex "A") shall be imposed upon
the following:
A.
B.
1.
2.
3.
4.
5.
Those other persons who commit the act as stated in the Article II of
Republic Act No. 7610 shall be penalized accordingly as prescribed in the
same.
SECTION 128. Obscene publications and indecent shows. Any person who shall
hire, employ, use, persuade or coerce a child to perform in obscene exhibitions and indecent
shows, whether live or in video, pose or model in obscene publications or pornographic materials
or to sell or distribute the said materials shall suffer the penalty as prescribed under Section 9 of
RA 7610.
SECTION 129. Sanctions for establishments or enterprises which promote,
facilitate or conduct activities constituting child prostitution and other forms of sexual
abuse, child trafficking, obscene publications and indecent shows and other acts of abuse.
All establishments or enterprises which promote or facilitate child prostitution and other forms of
sexual abuse, child trafficking, obscene publications and indecent shows, and other forms of
abuse shall be immediately closed and their authority or license to operate be cancelled, without
prejudice to the owner or manager thereof being prosecuted under this Code. A sign with words
"CHILD RIGHTS VIOLATOR" shall be conspicuously displayed outside the establishments or
enterprises by the City Social Welfare and Development of the Island Garden City of Samal for
such period as the special office shall determine.
SECTION 130. Child Trafficking. Any person who shall engage in trading and
dealing with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty as prescribed in Article
IV of the Republic Act No. 7610.
SECTION 131. Attempt to Commit Child Trafficking. There is an attempt to
commit child trafficking under Section 130 of this Code, when the following exists:
A.
B.
C.
D.
E.
When any person, authority, agency or institution who are witness to and
fails to report transactions related to circumstances in child trafficking.
A penalty prescribed in Article IV of Republic Act No. 7610 shall be imposed upon the
principal of the attempt to commit child trafficking under this Code. In addition, a one-month
community service shall be imposed for the commission and omission of acts under this section.
Such service shall be defined by the Social Development Cluster of the City Development
Council.
SECTION 132.
Other Acts and/or conditions prejudicial to the Child's
Development. It shall be unlawful for any person to sell liquor, cigarette, illegal drugs and
other items to children detrimental to the development of the Child.
For the purpose of this Code, the penalty for the commission of such act as prescribed in
Article VI of Republic Act 7610 shall be imposed. The victim of the act committed under this
section shall be entrusted to the care of the City Social Welfare and Development Office.
SECTION 133. Children involved in Anti-Social related activities. Children who
are involved in anti-social or related activities shall be registered in rehabilitation program that
shall assist the children to rebuild themselves and reintegrate in the mainstream of society.
A.
B.
C.
Special course for PNP members. A special course for members of the
Philippine National Police shall be designed to handle effectively the
children involved in anti-social activities. All police officers shall take up
the course especially those whore interested to be assigned in the Women
and Children Section and other Women and Children's desk Offices in
each PNP Stations/Precincts or detachments.
The course shall be designed and provided by the City Social Welfare and
Development Office in close coordination with the PNP child Protection
Team per police manual and NGOs and professional organizations
focused on child and youth programs.
D.
SECTION 134. Employment of Children. Children as defined in this Code shall not
be employed. Provided, that:
A.
B.
The employers shall register the child to the City Social Welfare and
Development Office to enjoy benefits and other special protection as may
be provided for by the said special office tasked to formulate rules and
regulations.
The City Social Welfare and Development Office of the Island Garden City shall
promulgate rules and regulations necessary for the effective implementation of this section.
A.
B.
Penalties. Any person who shall violate any provision of this Section
shall suffer penalty as prescribed in Section 16 of the Republic Act No.
7610.
SECTION 135. Specialized Team of Educators for Muslims and other Indigenous
People's Children. In addition to the rights guaranteed to indigenous and Muslim children
under RA 7610 and other existing laws, the Department of Education Division Office of the
Island Garden City of Samal shall create a team of special educators to look into the
appropriateness of curriculum for indigenous and Muslims Children in the Island Garden City of
Samal and to design training for teachers assigned to their communities which is culture-specific
and relevant to the needs and existing situation of their communities.
A.)
Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture
or other cruel, inhumane or degrading treatment;
B.
C.
D.
The safety and protection of those who provide services including those
involved in fact-finding missions from both government and
Public infrastructure such as schools and hospitals and Rural Health Units
of Barangay Health Stations shall not be utilized for military purposes
such as command post, barracks, detachments and supply depots; and
F.
SECTION 141. Rights of Children Arrested for reasons related to Armed Conflict.
Any child who has been arrested for reasons related to armed conflict, either as combatant,
courier, guide or spy be entitled to the following rights:
A.
Separate detention from adults except where families are accommodated as family
rights;
B.
C.
Immediate notice of such arrest to the parents or guardian of the child; and
D.
Release of the child on recognizance within twenty-four (24) hours to the custody
of the City Social Welfare and Development Office or any responsible member of
the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that
the aforesaid child has committed the acts charged against him/her, the court shall
determine the imposable penalty, including any civil liability chargeable against
him/her. However, instead of pronouncing judgment or conviction, the court
shall suspend all further proceedings and shall commit such child to the custody
or care of the City Social Welfare and Development Office or to any other
responsible person, until he/she has reached eighteen (18) years of age, or, for a
shorter period as the court may deem proper, after considering the reports and
recommendations of the City Social Welfare and Development Office or the
agency or responsible individual under whose care he/she has been committed.
The aforesaid child shall be subjected to visitation and supervision by a
representation of the City Social Welfare and Development Office or any
duly-licensed agency such other officer as the court may designate to such
conditions as it may prescribe.
age, they shall be prohibited from loitering around sleeping in public places after 11 o'clock in
the evening until 4 o'clock in the morning of the following day unless they are in company with
their parents or guardians, as stated in Section 109 of this Code.
A penalty equivalent to a whole day seminar on duties and responsibilities of children and
parents shall be imposed to the parents or guardians of the violators of this provision 15-day
community service as determined by the local courts shall be imposed as penalty for second-time
offenders.
SECTION 145. Monitoring and Reporting of Children on Vagrancy. When a child
below 18 years old travels alone to and from Island Garden City of Samal without valid reason
therefore and without clearance issued by the City Social Welfare and Development Office or
written permit or justification from the Child's parent or legal guardians; he shall be brought and
reported to the City Social Welfare and Development Office for custody and monitoring.
PARTICIPATION RIGHTS OF CHILDREN
SECTION 146. Participation of Children in Decision-Making Processes. The
children in the family, school, community or other organization or institution shall be heard.
Each child, regardless of sex, age or tribe, has the right to express his or her opinion freely and to
have that opinion taken into account in any manner or procedure affecting the child. It shall be
the responsibility of the adults to provide opportunities for children to express his/her views,
obtain information, make ideas or information known, regardless of tribe, religion, age and sex.
SECTION 147. Installation of Mechanism for Participation in Policy and Program
Formulation in the Local Government. It is important to consult and provide venue for the
expression of views relevant to Island Garden City of Samal Government Policies. It is
therefore proper that seven to twelve (7-12) years old and the thirteen to eighteen (13-18) years
old are convened through their representatives in a once a year basis, specifically during the
children's congress shall be part of the process in both preparation and evaluation of the
congress. Detailed implementing rules and guidelines shall be drafted by the Sangguniang
Kabataan Secretariat in coordination with the City Social Welfare and Development Office.
IMPLEMENTING OFFICE
SECTION 148. Creation of the Implementing Office. - The City Social Welfare and
Development Office of the Island Garden City of Samal shall be the special coordinating and
implementing arm of the Local Government of the Island Garden City of Samal to focus on
children's specific programs and projects. It shall file complaints on case of unlawful acts
committed against children in the most expeditious process.
SECTION 149. Role of the City Council for the Protection of Children (CCPC).
The City Council for the Protection of Children shall become the Consultative-Assembly of the
City Social Welfare and Development Office for its periodic planning and programming,
assessment and evaluation. It shall act as regulatory Body for the operations of all existing
programs and projects designed for children. It shall be involved in all the processes related to
TITLE V
CITATION TICKET FOR SOLID WASTE MANAGEMENT
CHAPTER 1: ISSUANCE OF A CITATION
SECTION 150. Definition of Terms. A.
B.
C.
D.
E.
Violator - any person or entity who violate or break any law or ordinance.
F.
SECTION 151. Violators to any of the City Solid Waste Management. - related
ordinance shall be fined of not more than Two Hundred Fifty Pesos (P250.00) and/or do
community service for the first offense, not more than Five Hundred Pesos (P500.00) and/or
community service for the second offense, not more than One Thousand Five Hundred Pesos
(P1,500.00) and community service for the third offense.
Violator who committed more than three offenses with at least one (1) unsettled fine
and/or do community service or both shall be considered habitual offender. A case shall be filed
in the appropriate Court and may be fined, imprisoned or both at the discretion of the court. For
this purpose community services shall be determined by the City Environment and Natural
Resources Office (CENRO) pursuant to the laws, ordinance, rules and regulation of the city
government.
SECTION 152. Issuance of Citation Ticket. - There shall be issued a Citation Ticket
(Administrative Fine) to violators to effect any of the existing City Solid Waste Management
Ordinance such as:
A.
B.
C.
D.
E.
F.
G.
Throwing wastes in open public spaces other than the designated and/or
allowable places identified by the city government.
SECTION 153. Citation Ticket. - Fines and penalties stipulated in the Citation Ticket
(CT) shall be paid to the City Treasurer's Office (CTO) within five (5) working days beginning
immediately from the day the Citation Ticket (CT) is being issued. Upon payment an Official
Receipt (OR) shall be issued to violator. Failure to comply within the prescribed period, the
violator shall be subjected to legal action by the City Legal Office (CLO) by which action be
based on the particular ordinance he/she has violated.
The City Treasurer shall whenever practicable and necessary may upon the approval of
the City Chief Executive and the Chair of the City Solid Waste Management Board (CSWMB)
deputized and/or authorized the Barangay Treasurers for this purpose (payment of Fines by the
violators).
SECTION 154. Distribution of Proceeds. - There shall be sharing on the proceeds of
the payment of fines to be distributed as follows:
A.
B.
C.
If the one apprehending is a member and/or officer of the Philippine National Police
(PNP) and/or a government employee of this city, the 100% FEE shall accrue to the General
Fund of this city.
SECTION 155. Effects of settlement of penalties. - If the Violator has settled his/her
penalties and charges to the implementing office within the specified period the copy of citation
ticket shall remain at the implementing office.
SECTION 156. Composition of Citation Ticket. - There shall be four (4) copies of
the said Citation Ticket with the following distribution:
A.
Original Copy (white) - for the violator and must be presented as basis
upon payment of the City Treasurer's Office (CTO). The Original Copy
of Citation Ticket together with the Original Receipt of Payment from
CTO shall be reported to City Environment and Natural Resources Office
for further verification of whether he/she has settled his/her liability to the
city government.
B.
C.
Third Copy (green) - for the City Environment and Natural Resources
Office which will be used as reference copy.
D.
Fourth Copy (pink) - if after five (5) working days the violator failed to
settle his/her committed offense, this copy shall be forwarded by the
Waste Management Division - City Environment and Natural Resources
Office to the City Legal Office for further appropriate action.
TITLE VI
ENVIRONMENT
CHAPTER 1: DECLARATION OF THE ISLAND GARDEN CITY OF SAMAL AS
BIRD SANCTUARY
SECTION 158. Definition of terms. - As used in this Code, the following terms
meanA.
B.
C.
D.
E.
F.
Rifle - a firearm of any size having grooves always spiral on the surface of
the bore for imparting rotation to the projectile and increasing the
accuracy of the weapon.
G.
H.
I.
SECTION 159. Prohibited Acts. - The following acts are strictly prohibited under this
Code:
A.
Shooting of birds by means of gun, air gun, rifle, slingshot and other
similar weapons;
B.
C.
D.
SECTION 160. Penal Provision. - Any person caught and found guilty of violating
any provision of this Code shall be subject to be following penalties:
FOR ADULT OFFENDERS:
1st Offense - a fine of P 3,000.00 and confiscation of the instrument used.
2nd Offense - a fine of P 4,000.00 and confiscation of the instruments used.
B.
C.
D.
Public places - refer to streets, assembly halls, plaza, park, sidewalk, wall,
post, vacant lots, wharves, sea, creeks, rivers, springs and other public
places within the city.
E.
F.
G.
H.
Violator - any person or entity who violate or break any law or ordinance.
B.
Undergo trainings and/or seminar for one (1) day on proper waste
management.
C.
D.
E.
If the offender still fails to settle his/her violations thereof, business permit
shall be subject for recommendation to appropriate authority for
revocation.
SECTION 167. Settlement of fines. - The violator is given within five (5) working
days to settle/pay/comply his/her liability to the City Government. If within this period he/she
failed to comply the stipulated penalty his/her name will be forwarded to the City Legal Office
for appropriate legal action thereof.
CHAPTER 3: INDISCRIMINATE
DISCOMFORTS
RELIEVING
OF
HUMAN
PERSONAL
Public places - refer to streets, assembly halls, plaza, park, sidewalk, wall,
post, vacant lots, wharves, sea, creeks, rivers, springs and other public
places within the city.
B.
C.
D.
E.
Violator - any person or entity who violate or break any law or ordinance.
(CENRO) and other offices as maybe determined by the City Solid Waste Management Board
(CSWMB) thru its Chairperson and Local Chief Executive.
SECTION 171. Deputized Apprehending Officer. - There shall be a Deputized
Apprehending Officer (DAOF) who shall be recommended by the Barangay Solid Waste
Management Committee (BSWMC) thru its Chairperson and approved by the Local Chief
Executive or the Chairperson of the City Solid Waste Management Board (CSWMB) thru the
City Environment and Natural Resources Office (CENRO) who shall perform the
works/functions of the Apprehending Officer (AOF) as maybe determined by the SWMB.
SECTION 172. Fine and Penalty. - Violators of this Code shall be fined of not more
than Two Hundred Fifty Pesos (P250.00) or community service for (4 hrs.) the first offense, of
not more than Five Hundred Pesos (P500.00) or community service of not more than (8 hrs.) for
the 2nd offense, and of not more than One Thousand Five Hundred Pesos (P1,500.00) and a
community service of (12 hrs) for the third offense. The area and/or areas where the
community services is to be rendered shall be determined by the City Environment and Natural
Resources Office (CENRO) based on applicable rules and regulations of the City Government.
SECTION 173. Habitual Offender. - Violators who committed more than three (3)
offenses with at least one (1) unsettled fine and/or failed to do community service or both shall
be considered habitual offender. A habitual offender shall settle through the following
administrative fine and/or penalties:
1.
2.
Undergo trainings and/or seminar for one (1) day on proper waste
management.
3.
4.
5.
If the offender still fails to settle his/her violations thereof, business permit
shall be subject for recommendation to appropriate authority for
revocation.
SECTION 174. Settlement of obligation. - The violator is given within five (5)
working days to settle/pay/comply his/her liability to the City Government. If within this period
he/she failed to comply the stipulated penalty his/her name will be forwarded to the City Legal
Office for appropriate legal sanctions thereof.
CHAPTER 4: THE COMPREHENSIVE WASTE MANAGEMENT
SECTION 175.
commercial
establishments
such
as
boarding/pension
houses,
beach
resorts,
hotels/carenderia/restaurant/cafeterias, cinema, department/grocery stores, drugstores and funeral
parlors; institutions like schools, hospitals/lying-ins, public and private offices, industrial
establishments like plants and factory including any form of agricultural establishment,
contractors, dredges and excavators, automotive/vulcanizing shops, carwash.
SECTION 176. Definition of terms. - As used in this Code, the following terms shall
be defined as follows:
A.
WASTE - In general, anything solid or liquid that is left over and rejected as
useless such as, after a manufacturing process, in cases of superfluous material
excreted from a living Body, as feces or
urine. This also includes
domestic-type waste, packing materials, non-infectious animal bedding, waste
from laundries and other substances that do not pose a special handling problem
or hazard to human health or environment.
B.
2.
3.
4.
C.
D.
E.
for example from diagnostic and experimental work and cleaning, housekeeping
and disinfecting procedures. Chemical Waste may be classified as hazardous or
non-hazardous. Hazardous chemical waste is considered when it is:
1.
2.
3.
4.
G.
H.
SHARPS include needles, syringes, scalpels, saws, blades, broken glass, nails and
any other items that can cause a cut or puncture.
I.
J.
K.
L.
M.
B.
C.
D.
E.
Fronting sidewalk and the immediate areas of stalls as well as the open
spaces of markets shall be kept clean and orderly by the lessee of the said
stall.
F.
G.
H.
A.
B.
Scheduling
C.
D.
SECTION 180. Disposal system. Disposal System - the following disposal systems may be employed:
A.
B.
C.
D.
E.
Sanitary Landfill
SECTION 181. City Waste Management Board Composition. - The City Waste
Management Board is hereby created and shall be composed of the following:
City Environment and Natural Resources Officer
City Engineer
City Environment and Natural Resources Office
MEMBERS:
1.
2.
3.
Chairperson
Vice Chairperson
Secretariat
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Market Supervisor
Community Affairs Office/Mayor's Office
NGO Representative
Representative of Market Vendors
ABC President
SP Chairperson on Health and Sanitation
Water Transport Association Representative
Philippine National Police
City Veterinarian
Council of Women Chairperson
Tourism Council Chairperson
Department of Education
B.
C.
D.
First Offense - Fined of not more than Two Hundred Pesos (P250.00) and/or do
community service for four (4) hours;
Second Offense - Fine not more than Five Hundred Pesos (P500.00) and/or do
community service for eight (8) hours;
Third Offense - Fine not more than Five Hundred Pesos (P500.00) and/or do community
service for twelve (12) hours;
Violator who committed more than three offenses with at least one (1) unsettled fine
and/or do community service or both shall be considered habitual offender. A case shall be filed
in the appropriate court and maybe fined, imprisoned or both at the discretion of the court. For
this purpose, community service shall be determined by the City Environment and Natural
Resources Office pursuant to the laws, ordinances rules and regulations of the City Government.
TITLE VII
GENDER AND DEVELOPMENT
CHAPTER 1: GENDER AND DEVELOPMENT
SECTION 186. Definition of terms. - For purposes of better understanding, the
following terms used in this Code shall mean and defined as follows:
A.
B.
C.
D.
SECTION 187. Creation and Compositions. - The City Gender and Development
Coordinating Council (GADCC) in the Island Garden City of Samal is hereby created in which
composition shall be as follows:
City Mayor
City Vice-Mayor
City Social Welfare and Development Officer
City Planning and Development Officer
MEMBERS:
Honorary Chairperson
Honorary Vice Chairperson
Focal Person
Member/Secretariat
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
SECTION 188. Powers, Functions and Responsibilities. - The City GAD Coordinating
Council shall have the following powers, functions and responsibilities;
A.
B.
C.
D.
E.
F.
To formulate the annual GAD Plan responsive to the needs and situation
of men and women constituents to be incorporated in the policies,
programs and activities that will uplift their condition;
G.
H.
I.
J.
law for gender and development programs and projects and ensure that the
funds are properly disbursed according to its purpose;
K.
L.
M.
N.
To review and approve all GAD activities from Barangay to City level
prior to implementation to monitor if activities to be undertaken are in
accordance with guidelines set forth;
O.
P.
2.
3.
4.
5.
6.
7.
8.
9.
SP Secretariat Office
10.
SECTION 190. Duties and Functions of Technical Working Group (TWG). - The
TWG shall have the following functions and duties;
A.
B.
C.
D.
SECTION 191. Meeting. - The Council and its TWG shall meet once every quarter.
However, special meeting may be called by the Chairperson or upon request of the 20% of the
Council members.
SECTION 192. Appropriation. - The city shall appropriate an amount taken from the
five percent (5%) of the General Fund Annual Budget for GAD Programs and Projects as
mandated by law to cover all incurring expenditures and expenses of the GAD Coordinating
Council and its TWG.
SECTION 193. Honorarium. - The members of the GADCC and GADCC-TWG maybe
entitled to honorarium in accordance with Budget Circular issued by Department of Budget
and Management, subject to the availability of funds and the usual accounting and auditing rules
and regulations.
TITLE VIII
HEALTH AND SANITATION
CHAPTER 1: REGULATING THE SELLING OF NON-FORTIFIED JUNK FOODS
SECTION 194. Definition of Terms. A.
B.
Non-fortified Junk food - refers to any food with high calories but low in
nutritional contents.
C.
SECTION 195. Regulation on Selling. - The selling of non-fortified junk foods within
the school premises and even outside the school premises but within the reach of school children
is hereby regulated.
SECTION 196. Selling of Nutritious Snack. - The promotion of buying and selling of
heavy nutritious snacks within the school premises is highly recommended.
SECTION 197. Penalties. - Any person caught selling junk foods within fifty (50)
meters from the radius of the school premises shall be subject to the following penalty:
1st offense
Fine of P100.00
2nd offense
Fine of P200.00
by HIV contracted from another person and which attacks and weakens
the body's immune system, making the afflicted individual susceptible to
other life- threatening infections.
B.
C.
Children - refers to persons below 18 years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of physical or
mental disability or condition.
D.
E.
F.
G.
H.
I.
J.
L.
M.
N.
O.
P.
Q.
R.
Peer Educator - is a trained STI, HIV and AIDS educator who is capable
of influencing and developing healthy behaviors among his/her peers
within the establishment.
S.
T.
V.
W.
Sexual Health - implies that the sexual drive and sexual processes are
accomplished in a state of complete physical, mental and social being, not
merely the absence of disease or disorder (WHO Biennial Report
1990-91). It also aims the enhancement of life and personal relations.
X.
Y.
Z.
AA.
BB.
CC.
DD.
EE.
FF.
GG.
All teachers and instructors of said STI, HIV and AIDS courses shall be required to
undergo seminar or training on STI, HIV and AIDS prevention and control to be supervised by
the Department of Education, CHED, TESDA or any accredited institution/organization, in
coordination with the Department of Health, before they are allowed to teach on the subject.
SECTION 206. STI, HIV and AIDS Education in the Workplace. - All employees
of the Island Garden City of Samal, regardless of their status, shall be required to undergo basic
orientation on STI, HIV and AIDS to be conducted by the Human Resource and Development
Office of the city in coordination with the City Health Office.
Managers, supervisors and employees in the government and private workplaces shall be
provided with the standardized basic information and instruction on STI, HIV and AIDS which
shall include topics on confidentiality in the workplace and attitude towards infected employees
and workers. The Department of Labor and Employment shall undertake measures in the
implementation and monitoring of the same.
It shall be a requirement for all owners and/or managers of all establishments to
attend seminar on STI, HIV and AIDS prevention conducted regularly by any of the
agencies such as the City Health Office, City AIDS Council, and an accredited NGO, otherwise,
no renewal of permit to operate shall be granted to said establishments for violation thereof.
A certificate of attendance to STI, HIV and AIDS Seminar shall form part of the requirements
for the issuance or renewal of Health Certificate and Permit to Operate.
SECTION 207. STI, HIV and AIDS Education for Filipinos Going Abroad. - The
city government of the Island Garden City of Samal shall coordinate with the Public
Employment Service Office (PESO) in the implementation of STI, HIV and AIDS education
among the residents going abroad. Pursuant to Section 7 of R.A. 8504, STI, HIV and AIDS
education seminar shall be part of the Pre-Employment and Pre-Departure Orientation Seminar
among Overseas Filipino Workers.
SECTION 208. STI, HIV and AIDS Education in Communities. - In partnership
with the City Health Office, all barangays shall conduct educational and information campaign
on STI, HIV and AIDS prevention. The Community Affairs Officers, Barangay Officials and
other service providers shall coordinate such campaign among concerned government agencies,
non-government organizations and church-based groups.
SECTION 209. Information Campaign for Tourists and Transients. - Materials on
the causes, modes of transmission, prevention and consequences of STI, HIV and AIDS infection
shall be adequately provided in all ports of entry and exit, in all entertainment establishments in
the city.
SECTION 210. False or Misleading Information. - Misinformation on STI, HIV and
AIDS prevention and control through false and misleading advertising and claims in any of the
tri-media or the promotional marketing of drugs, devices, agents or procedures without prior
approval from the Department of Health (DOH) and Bureau of Food and Drugs (BFAD) and the
requisite medical and scientific basis including markings and indications in drugs and devises or
agents, purporting to be a cure or fail-safe prophylactic* for HIV infection is punishable under
Republic Act No. 8504.
- Chairperson
- Co-chairperson
MEMBERS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The City AIDS Council may, from time to time, expand its membership as the need
arises.
SECTION 214. Powers and Functions of the Council. - The City AIDS Council shall
have the following powers and functions:
A.
C.
D.
SECTION 215. Secretariat of the City AIDS Council. - The secretariat of the City
AIDS Council shall be the Personnel of the City Health Office.
SECTION 216. Functions of the Secretariat of the City AIDS Council. - The
secretariat of the Council shall perform the following functions and duties:
A.
B.
C.
D.
E.
functions:
A.
B.
C.
D.
Refer clients to other agencies of the city government for cases that need
other health and social services such as livelihood projects, alternative
home, and scholarship;
E.
Ensure that children with STI, HIV and AIDS are given priority in
treatment and are referred to concerned agencies for further assistance;
F.
G.
SECTION 220. Strengthening of the Reproductive Health and Wellness Center. The City Government shall strengthen the Reproductive Health and Wellness Center through
provision of adequate personnel, facilities and budget.
It shall ensure provision of
comprehensive reproductive health services and sexual health education, ensuring ethics, quality
care and information.
ADHERENCE TO SAFE PRACTICES AND PROCEDURES, TESTING, SCREENING
AND COUNSELING
SECTION 221. Safe Practices and Procedures. - The City Government of City shall
strictly adhere to the principles and guidelines on safe practices and procedures, necessary to
protect any person from HIV transmission as mandated in Articles II and III of RA 8504.
Procedures on testing, screening and counseling shall observe the ethics of care and medical
confidentiality in dealing with individuals having vulnerable conditions for contracting STI and
HIV.
SPECIAL PROTECTION FOR CHILDREN
SECTION 222. Regulation Concerning Children within and near the Vicinity of an
Entertainment Establishment. - Parents, guardians, or any persons who knowingly allow
children to enter or loiter within ten (10) meter-radius from any side of an entertainment
establishment, one hour prior, during, and one hour after operations, shall be penalized.
Children found entering or loitering within ten (10) meter-radius from any side of an
entertainment establishment shall immediately be rescued, and be provided with appropriate
intervention as the circumstances warrant.
HEALTH AND SUPPORT SERVICES
SECTION 223. Universal Access to STI, HIV and AIDS Health care Services. Access to STI healthcare services/assistance shall be extended to all individuals regardless of
sex, gender, age, social status, political belief, tradition and religion.
SECTION 224. Adherence to Quality Health Care and Ethics of Care. - Medical
practitioner or other staff assisting or directly providing health services/examinations/education
to clients shall adhere to the basic principles of ethics of care. They shall also be sensitive to
gender and sexual orientation in their treatment to patients/clients, informing them of their rights,
including the right to file charges for abuses committed against them.
SECTION 225. Special Care and Support Services. - The City Government shall
provide special care and support services for pregnant women with HIV and AIDS and
children of People Living with HIV (PLHIV),
SECTION 226. Health Care Plans for Person with HIV. - The City Government, in
coordination with the Philippine National AIDS Council, Department of Health and
Commissioner of the Insurance Commission shall conduct a study on the feasibility of setting up
a package of Health Care Plans, and should the study warrant, implement the plan for persons
with HIV.
SECTION 227. Special Welfare Fund for RHWC Clients. - The City Government of
City shall establish and maintain a welfare fund for the clients of RHWC, which shall come from
the smear check-up and from other sources of the government. Said amount shall exclusively
accrue to the welfare fund of the RHWC Clients to be managed by the City Health Office, in
partnership with AIDS Council and other Financial Institutions.
information gathered shall remain confidential and classified, and shall not be used in any way to
become a basis or qualification for any employment or school attendance or on the freedom of
abode or right to travel.
SECTION 230. Submission of Work Policies. - It shall be compulsory for all owners
and/or managers of all establishments to provide the city government copies of the
establishment's policies in accordance with labor laws and other related national and local
policies.
SECTION 231. Research Investigations. - All research investigations related to STI,
HIV and AIDS should observe strict adherence to the ethical guidelines of the Philippine
National AIDS Council.
DISCRIMINATORY ACTS AND CONFIDENTIALITY OF INFORMATION
SECTION 232. Discriminatory Acts. - Discrimination in any form and place of
person perceived or suspected with HIV (e.i employment process, promotion, assignment or
termination from work, schools, hospitals, health institutions, travel and habitation) shall be
unlawful. Any act of discrimination in violation of this Code shall be penalized under Republic
Act No. 8504.
SECTION 233. Prohibition Against Divulging of Confidential Information of
Persons with STI, HIV/AIDS. - Any person who divulge confidential information about the
HIV status of a person shall be penalized under Republic Act 8504.
SECTION 234. Penalties. - Any person found guilty of violating any provisions of
this Code shall be meted with the following penalties:
First Offense - a fine of P2,000.00 and/or an imprisonment of one (1) month.
Second Offense - a fine of P3,000.00 and/or an imprisonment of three (3) months.
Third Offense - a fine of P5,000.00 and/or an imprisonment of six (6) months and
/or cancellation of business permit.
TITLE IX
PUBLIC SAFETY AND WELFARE
CHAPTER 1: IMPOUNDING OF ROAMING AND STRAY DOMESTIC ANIMALS
AND LIVESTOCK/FARM ANIMALS
SECTION 235. Impounding of Stray Animals. - There is hereby imposed the
impounding and to corral roaming and stray domesticated animals and livestock/farm animals
and imposing penalties, fees and charges thereof. The impounding of poultry animals shall
likewise be imposed only in primary and secondary growth centers, urban centers and residential
subdivisions. Poultry animals roaming around in agricultural or rural areas are exempted.
SECTION 236. Definition of Terms. A.
B.
C.
Agricultural areas - area for cultivation and raising of food crops, farming,
breeding and raising of livestock
D.
E.
SECTION 237. Implementing Agency. - The City Veterinary Office shall implement
the impounding and to corral the captured stray animals in accordance with this Code.
SECTION 238. Poundage fee. - There shall be collected the following poundage fee
for food and maintenance of the impounded stray animals.
Poundage Fee Per Day
(for food and maintenance)
- P10.00
a)
Poultry Animals
(chicken, duck and the like)
b)
Domesticated Animals
(dog, cat and the likes)
- P20.00
c)
Farm/Livestock Animals
(carabao, horse, goat/sheep
cow, pig and the like)
- P50.00
SECTION 239. Penalties. - Aside from the daily poundage fee, as violation of this
Code, there shall be a penalty fee of the following charges and schedule:
a)
b)
c)
poultry animals
domesticated animals
farm/livestock animals
-P30.00
-P50.00
-P300.00
SECTION 240. Poundage Ticket. - The poundage and penalty fee shall be paid to
the City Treasurer's Office upon the issuance of a POUNDAGE TICKET from the City
Veterinary Office before the release of the impounded animal to its owner.
SECTION 241. Posting and Publication. - A public notice/advertisement shall be
posted and/or announced at conspicuous places by the City Veterinary Office within three (3)
days thereafter the capture of the said stray animal.
SECTION 242. Failure to Redeem. - When the owner of such stray animal whether
domesticated, poultry or livestock/farm animal fails to redeem the corralled and impounded
animal within three (3) days from notice, advertisement and/or announcement by the city
government thru the City Veterinary office in coordination with the City Treasurer's Office is
authorized to sell such corralled and impounded animal in a public auction to cover the cost and
expenses incurred during the impounding of such animal.
SECTION 243. Proceeds of Poundage Fee. - The proceeds of the poundage fee,
penalty and sale shall be paid directly to the City Treasurer's Office while the expenses incurred
during the impounding period will be charged to the Regular Maintenance Operating Budget of
the City Veterinary Office.
SECTION 244. Public Auction. - If after the public auction sale of such impounded
animal is unsold and the owner failed to redeem the same, the City Government thru the City
Veterinary Office is authorized to execute a humane approach technique to perish the
domesticated animal as to avoid further maintenance and other operating expenses. For the case
of farm/livestock animals and poultry animals, the city has the option to adopt it in support to the
City Livelihood Dispersal Program to be managed by the City Veterinary Office.
SECTION 245. Certification. - For the case of a captured stray insane dog, the City
Veterinarian or its authorized personnel should have/make a certification manifesting the sanity,
color, kind or any identification before killing the animal which will be kept by the office
concerned for execution of evidence if and when an owner may claim the same.
CHAPTER 2: VIDEOKE
SECTION 246. Coverage. - All videoke and karaoke machine operators in the Island
Garden City of Samal comprising the three (3) Districts for business and/or entertainment
purposes.
SECTION 247. Definition of Terms. A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Residential Area - an
dwelling/housing purposes.
area
within
the
city
principally
for
B.
D.
Minors below 18 years old and children are not allowed during school
hours in school days, however they are allowed during non school days
provided they will not stay beyond the curfew hours as specified in the
existing city ordinance on curfew.
E.
Operation in areas near to school or any learning institutions, church or chapel shall be
fifty (50) meters radius away.
Closed Door Videoke/Karaoke bars are not allowed to hire workers and entertainers
below 18 years old. (Violators are sanctioned to the existing national laws)
SECTION 250. Enclosed Videoke Room. - Beach resorts, upland or inland resorts
with videoke/karaoke machines are allowed to operate, provided that videoke/karaoke rooms
shall be enclosed and considered as "sound proof" duly certified by the City Economic
Enterprise Office and City Engineering Office.
SECTION 251. Implementing Office. - The City Economic Enterprise Office in
coordination of the City Engineering Office shall be authorized to implement this Code.
The City Government may deputize the Barangay Government for the strict
implementation of the Code as amended, subject for their discretion.
SECTION 252. Implementing Rules and Regulations. - The City Mayor thru the City
Economic Enterprise Office shall formulate the Implementing Rules and Regulations for the
proper implementation of this Code.
SECTION 253. Penalty. - Any violations of the Code shall be penalized as follows:
1st Offense
Fine of P 500.00
2nd Offense
Fine of P 1,000.00
3rd Offense
SECTION 254. Funds collected from the Penalties. - If the implementation of this
Code is pursuant to 1st paragraph of Section 251, all funds collected from the penalties shall be
accrued to the general fund of the City Government. However, if such implementation is
pursuant to 2nd paragraph of Section 251 of this Code, the barangay which deputized for such
implementation shall receive fifty percent (50%) of funds collected and the remaining fifty
percent (50%) shall be accrued to the general fund of the City Government.
On special occasions where the operator would like to extend the specified time of
operation, they have to secure a permit from the Punong Barangay and pay the corresponding
permit fee.
SECTION 255. Exemptions. - For Barangay San Miguel of District II, the allowed
time of videoke/karaoke operation is only up to 10:00 PM daily as specified in their existing
barangay ordinance.
For Barangays in Talicud Island, the allowed time shall be up to 11:00 PM due to the
limited power supply operation, however other regulations under Section 249-A hereof shall be
observed.
SECTION 256. Requirement for Permit. - Videoke/karaoke operators when applying
for business permit/license shall be required to submit a Barangay Resolution from their
respective barangays allowing/approving their operation in conformity with the above
provisions.
B.
Minor - shall mean those person or individual whose age is 18 years old
and below;
C.
D.
E.
F.
G.
Possession - refers to the act of ownership or control over the holen gun.
H.
Second Offense
Fine of Three Thousand Pesos (Php 3,000) and confiscation of holen gun,
tools and accessories
Third Offense
Fine of Five Thousand Pesos (Php 5,000), confiscation of holen gun, tools
and accessories, and imprisonment of at least three (3) months but not
more than six (6) months at the discretion of the Court
FOR POSSESSOR
First Offense
Second Offense
Fine of One Thousand Pesos (Php 1,000) and confiscation of holen gun.
Third Offense
Confiscation of holen gun and imprisonment of at least one (1) month but not more than
three (3) months at the discretion of the Court
FOR SELLER
First Offense
Second Offense
Third Offense
TITLE X
SOCIAL SERVICES
CHAPTER 1: FINANCIAL ASSISTANCE TO ALL VICTIMS OF CALAMITIES
SECTION 262. Coverage. - The following calamities which are covered from this
Code:
Man Made Disasters
Pandemic
Tsunami
Flood
Tidal waves
Volcanic Eruption
Fire
Natural Calamities
Earthquake
Landslide
Drought
SECTION 263. Definition of Terms. - As used in this Code, the following terms
phrases shall be mean as follows:
A.
B.
C.
D.
Tidal Wave - refers to usual (often destructive) rise of water along the
seashore caused by a storm or a combination of wind and high tide.
E.
F.
G.
H.
Flood - refers to the rising of a body of waters and its overflowing onto
normally dry land.
I.
J.
K.
SECTION 264. Financial Assistance. - The City Government shall provide financial
assistance to all victims of calamities in the amount of Ten Thousand Pesos (P10,000.00) for the
dead and Five Thousand Pesos (P5,000.00) for the injured.
CHAPTER 2 - COMPREHENSIVE SCHOLARSHIP PROGRAM OF THE ISLAND
GARDEN CITY OF SAMAL
SECTION 265. Declaration of Policy. It is hereby declared the policy of the Island
Garden City of Samal to support free education to students of poor families and help them
achieve their fullest academic potential.
SECTION 266. Scope and Coverage. - This comprehensive scholarship program shall
only be available to poor but deserving high school graduates from public and private secondary
schools of Island Garden City of Samal who are yearning to take up baccalaureate degree and/or
technical/vocational courses. This program covers current (regular), past (out-of-school),
Lumads, Muslims and Alternative Learning System (ALS) graduates who are permanent
residents of the Island Garden City of Samal.
SECTION 267. Definition of Terms. - The meanings of the technical terms used in
this Code are as follows:
A.
B.
C.
E.
F.
Muslims - the followers of the Islam religion and are certified by their
Muslim Datu.
G.
H.
SECTION 268. Composition and functions of the City Scholarship Committee. There shall be created a City Scholarship Committee (CSC) with the following composition and
functions.
A. Composition:
Chairperson
Vice-Chairperson
City Mayor
SP Chairman, Committee on Education and Culture
Members
B. Functions
1.
2.
2.
3.
4.
Evaluates the scholars every end of the semester to determine their status;
5.
6.
7.
A resident of the Island Garden City of Samal for at least five (5) years
and whose parents (natural or adoptive/or legal guardians are residents and
registered voters of the City. A certification from the COMELEC and the
barangay concerned are needed.
B.
A graduate from any secondary school (public or private) within the Island
Garden City of Samal.
C.
The applicant for the baccalaureate course must have obtained a general
average of at least 82 in his/her senior year in high school with no final
grade below 80 in any of the subjects reflected in Form 138, known as the
Report Card.
D.
E.
F.
The annual taxable income of the applicant's family must not exceed
P144,000.00.
G.
Only one member of the family in each year shall be allowed to avail
either the baccalaureate or technical/vocational scholarship grant.
H.
The applicant graduate from the Alternative Learning System (ALS) must
have obtained the "PASSED" mark in his/her ALS report card
B.
C.
D.
Certification of good moral character either from the High School Adviser
duly attested by the School Principal or its counterpart.
E.
F.
A.
DISTRICT
Baccalaureate
(4 years)
Technical/Vocational
(2 years)
BABAK
SAMAL
KAPUTIAN
TOTAL
30
30
30
90
10
10
10
30
20
20
20__
60
BABAK
SAMAL
KAPUTIAN
TOTAL
Number of
Scholars
20
20
20
60
Baccalaureate
(4 years)
Technical/Vocational
(2 years)
10
10
10
30
10
10
10__
30
BABAK
SAMAL
KAPUTIAN
TOTAL
Number of
Scholars
20
20
20
60
Baccalaureate
(4 years)
Technical/Vocational
(2 years)
10
10
10
30
10
10
10
30
SECTION 274. Accredited courses. - The City Government through its City
Scholarship Committee shall determine and prioritize the baccalaureate degree and
competency-based technical/vocational courses to be offered for scholarship grant. The courses
to be taken should be from colleges/universities within Region 11, with the following
preferences:
A.
B.
C.
SECTION 275. Responsibilities of the grantee. - The grantee shall be obliged to:
A.
Maintain a general average of 83% for baccalaureate course and 80% for
technical/vocational course.
B.
C.
D.
The right to freely choose their course therein up to graduation, except in case of
academic deficiency, or violation of disciplinary regulations.
B.
The right to shift to alternative field of study within a period of one school year.
SECTION 281. Effectivity. This ordinance shall take effect immediately after fifteen
(15) days of its publication in the newspaper of local circulation or after posting for fifteen (15)
days at least in three (3) conspicuous places within the city.
ENACTED AND APPROVED this 18th day of December 2012.
CERTIFIED CORRECT:
AL DAVID T. UY
City Vice Mayor
Presiding Officer
APPROVED:
ANIANO P. ANTALAN
City Mayor