Republic of the ippines General Santos City OFFICE OF THE SANGGUNIA NG PANLUNGSOD

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EXCERPT FROM THE MINUTES OF THE 36 1H REGULAR SESSION OF THE 18 1 " SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, APRIL 25, 2017.

PRESENT: Hon. Shirlyn L. Barias-Nograles Hon. Elizabeth B. Bagonoc Hon. Alberto D. Pacquiao Hon. Rosalita T. Nunez Hon. Jose Orlando R. Acharon Hon. Dominador S. Lagare, Jr. Hon. Franklin M. Gacal, Jr. Hon. Shandee Theresa 0. Llido-Pestano Hon. Jose Edmar J. Yumang Hon. Vandyke B. Congson Hon. Lourdes F. Casabuena Hon. Ramon R. Melliza Hon. Brix T. Tan Hon. Benjamin P. Talon

ABSENT: None

City Vice Mayor and Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor (Indigenous Peoples Representative)

WHEREAS, the City of General Santos is among the cities in the country which faces the problem of mendicancy; the presence and proliferation of people, some are using children posing as beggars, roaming around city streets and ask for alms or money to whoever they come within reach;

WHEREAS, this mendicancy menace creates an unsightly scene in this supposedly beautiful city, more so, it scares commuters and motorists who feel festered by such mendicants who sometimes board jeepneys, gawk at car windows chanting with pleas and at times with obscurities if not handed with money; they also verge on people even while eating in restaurants, or in the middle of busy streets and at intersections with traffic stop lights;

WHERAS, mendicancy has evolved into a more deceitful manner; some are simulating to be Bible preachers, using names of churches, bogus organizations and clubs with no definite addresses, thereby, they practice the "passing of envelops" relying on donations, or expecting the "kindness" of unsuspecting people for monetary gains; always presuming that others will give, consequently making them lazy devoid of any urgency to make their own effort to live a life with decency;

WHEREAS, the proliferation of mendicants in the city brings the risk of crimes, organized syndicates using minors for profit, traffic hazards, and nuisances of human degradation, which in the long run would create unnecessary indignities in the promotion of social justice for the City constituents;

WHEREAS, this Sanggunian advocates the policy of encouraging every person to strive for a better calling in life through diligence and hard work, in particular, to gain better economic conditions for themselves and their families, and in general, to become productive members of the Filipino society;

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• WHEREAS, this body moreover sees an urgent need to adopt immediate measures,

pursuant to Presidential Decree No. 1563, entitled "Establishing an Integrated System for the Control and Eradication of Mendicancy, Providing Penalties, Appropriating Funds Therefor, and for Other Purposes', in order to eradicate and prevent the practice of mendicancy in the City, and thus, provide appropriate services to enable mendicants to meet their basic needs and eventually develop the culture of industriousness and self-reliance;

NOW THEREFORE, on motion of City Councilor Jose Edmar J. Yumang, duly seconded by City Councilors Elizabeth B. Bagonoc, Alberto D. Pacquiao, Jose Orlando R. Acharon, Dominador S. Lagare, Jr., Shandee Theresa 0. Llido-Pestaho and Benjamin P. Talon, be it-

RESOLVED, as it is hereby resolved, to adopt the following ordinance:

ORDINANCE NO. 09 Series of 2017

AN ORDINANCE ESTABLISHING AN INTEGRATED SYSTEM FOR THE CONTROL AND ERADICATION OF MENDICANCY IN THE CITY OF GENERAL SANTOS, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Hon. Jose Edmar J. Yumang — Author/Sponsor Hon. Ramon Melliza — Co-Author/Sponsor

Hon. Shandee Theresa 0. Llido-Pestaho — Co-Author/Sponsor

Be it enacted by the Sangguniang Panlungsod of General Santos that:

SECTION 1. Short Title. — This Ordinance shall be known as the "Anti-Mendicancy Ordinance of General Santos City."

SECTION 2. Scope and Coverage. - This Ordinance shall apply to all mendicants and exploited infants or children who are eight (8) years old and below, minors found begging and covered by Presidential Decree No. 603 or the Child and Youth Welfare Code, and parents of exploited infants and children criminally liable under Article 59 and 60 of Presidential Decree No. 603.

SECTION 3. Definition of Terms. — As used in this Ordinance, the following terms shall have the following definition:

a.) Mendicant — refers to any person who has no visible or legal means of support or lawful employment, and who is physically able to work, but neglects to apply himself to some lawful calling or profession, and instead uses begging and monetary solicitations as a means of living.

b.) Mendicancy — refers to the practice of being mendicant and relies chiefly or exclusively on alms, donations and solicitations to survive. For a person to be considered mendicant, he or she does not necessarily appear to be in filthy or ragtag clothes inasmuch as mendicancy in these present times has evolved into a more "sophisticated" craft of deceit and duplicity. An example of this kind of mendicancy are those practiced by people who pretend to be "Bible preachers" and have a church or organization, upon which when thoroughly verified, neither an actual site of their church or organization actually exists, nor any legitimate leader takes head of their supposed church or organization.

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• • c.) Exploited infant or child — refers to any infant or child eight (8) years old and

below who is used in begging or one who accompanies a habitual vagrant or beggar.

d.) Abetting — means inducing another person to commit mendicancy by giving or assisting.

e.) Habitualism — any mendicant who violated this ordinance more than twice.

SECTION 4. Prohibited Acts. — The following acts shall be prohibited:

a.) Begging and soliciting by mendicants of cash in public places, streets, buildings, and offices, as well as in any business or commercial establishments;

b.) Soliciting cash donations to private and government establishments, through deceitful and tricky conversation, and later handing envelops with fictitious write-ups, and without any legitimate reasons or cause other than for personal monetary gains;

c.) Giving cash to anybody considered as mendicant; and

d.) Abetting any person or child to become mendicant.

SECTION 5. Action Taken. — A mendicant as defined in Section 3 (a) hereof, shall be immediately rescued and endorsed to the City Social Welfare and Development Office (CSWDO) for proper profiling/recording and other appropriate action and/or intervention. Habitual mendicants shall be penalized with a fine of Two Thousand Pesos (P2,000.00), or three (3) months imprisonment, or both.

All LGU-Barangay concerned, through the Office of the Punong Barangay and/or CSWDO are hereby mandated to promptly enforce this Ordinance. As such, a regular monitoring of mendicancy activities shall be done. Monthly report related thereto shall be submitted to the Department of the Interior and Local Government (DILG), the Office of the City Mayor, and the Chairperson of the Sangguniang Panlungsod Committee on Social Services;

Any person who abets mendicancy by giving alms directly to mendicants, exploited infants and minors in public roads, sidewalks, parks and bridges, shall be admonished by a fine not exceeding five hundred pesos (P500.00).

Parents of exploited infants or minors under Section 5 hereof shall be proceeded against in accordance with Article 59 and 60 of Presidential Decree No. 603, unless they are themselves mendicants.

SECTION 6. Apprehension of and Services for Persons Found Begging. —Any infant or child eight (8) years old and below who is found begging or is being utilized by any person for purposes of begging, shall be cared as a neglected child and shall be committed to the custody and care of the City Social Welfare and Development Office (CSWDO). The person using the child as a "front" in committing mendicancy shall therefore be apprehended and be meted-out with a penalty provided under Section 5 hereof.

Any person who distributes envelops bearing the word "donation", or some other forms of fictitious claims of church membership and organizations, and without any valid and legitimate reason to do such shall be considered a mendicant, thus, be subjected for apprehension and corresponding penalty herein provided.

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Any minor over eight (8) years old and under fifteen (15) found begging or is being utilized for purposes of begging shall likewise be attended to as a neglected child and shall be committed to the custody and care of the City Social Welfare and Development Office (CSWDO).

Any person not otherwise covered in the preceding paragraphs who is found begging and is physically or mentally incapable of gainful occupation shall be properly endorsed to the CSWDO for appropriation action.

SECTION 7. Creation and Composition of Anti-Mendicancy Task Force. — To ensure the efficacy of this Ordinance, the City Government, through the City Mayor, shall create an Anti-Mendicancy Task Force which shall handle the arrest, filing of cases, and the prosecution of mendicancy problems in the City.

The Anti-Mendicancy Task Force shall be headed by the City Social Welfare and Development Officer; its members shall be composed of the City Health Officer, Chairperson of the Committee on Social Services of the City Council, Chairperson of the Committee on Urban Poor of the City Council, the Punong Barangay of every barangay of the City, and the City Director of the Philippine National Police (PNP).

SECTION 8. Functions of the Task Force. — the Anti-Mendicancy Task Force shall have the following functions, thus:

a.) Plan, implement and monitor yearly work programs in pursuance to the objectives of the law against begging or mendicancy;

b.) Be responsible for the implementation of the integrated network of appropriate services to mendicants;

c.) Conduct regular rounding, free counseling, and provide medical services to rescued mendicants;

d.) Provide educational assistance to the mendicants' children;

e.) Conduct parent effectiveness counseling/services;

f.) Conduct information dissemination campaign by distributing anti-mendicancy reading materials in every barangay, and posting streamers and billboards in strategic places in the City; and

g.) Perform such other functions, duties and responsibilities as may be necessary or incidental to the implementation of this Ordinance.

SECTION 9. Authorized Government Agencies. — 'the following government agencies are hereby authorized to enforce this ordinance:

a. Barangay officials whether elected or appointed including the deputized barangay tanods.

b. Any personnel or officer of the PNP, military or authorized auxiliary unit. c. Personnel of the CSWDO and persons duly authorized by the Office of the

City Mayor.

SECTION 10. Budget/Funding. — The City Government shall allocate/appropriate funds for the implementation of this Ordinance.

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• SECTION 11. Repealing Clause. - All previous ordinances, rules and regulations

inconsistent with this Ordinance shall be deemed repealed or modified accordingly.

SECTION 12. Separability Clause. If for any reason any part or provision of this Ordinance shall be held unconstitutional or invalid, other parts of provisions thereof which are not affected thereby shall continue to be in full force and effect.

SECTION 13. Effectivity. — This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation within the City.

Enacted by the le Sangguniang Panlungsod, City of General Santos on its 36 91 Regular Session held on April 25, 2017.

CERTIFIED CORRECT:

VIRG IA P. DIME, MPA Assistant Secretary to the Sanggunian

ATTESTED BY:

SHIRLYN L. BO1A -N s GRALES City Vice Mayor and Presiding Officer

Approved by His Honor, the City Mayor on MAY 1 8 201 017

RONNEL C. RIVERA City Mayor

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