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CITY ORDINANCE NO. 561 October 5,2011

AN ORDINANCE AMENDING SECTIONS 4, 6, 7, 8, 14 AND 16 O F C I T Y ORDINANCE NO. 331, SERIES OF 2003, OTHERWISE KNOWN A S " A N ORDINANCE PROVIDING SPECIAL PROTECTION FOR CHILDREN DURING NIGHTTIME P Y IMPOSING C U R F E W ON MINORS FROM 10:00 O ' C L O C K IN T H E EVENING T O 4:00 O'CLOCK T H E FOLLOWING MORNING, PROVIDING M E A S U R E S AND S A N C T I O N S THEREFOR, AND FOR OTHER P U R P O S E S . "

W H E R E A S , the increas ing number of del inquent youth and youth offenders had been constantly and aggress ive ly increas ing and it has been a ser ious concern of the national &. local government units;

WHEREAS, with the active participation of child-friendly Ba rangays , the aim of reducing problems on child del inquency and establ ishing a child-friendly communi ty is thereby ach ieved;

W H E R E A S , the goa l of child-friendly Ba rangays is to provide all chi ldren with a healthy, safe and nurturing environment that presents opportunit ies and condit ions for developing to their full potential. Moreover , Ba rangays shou ld provide sys tems that promote peace , unity and communi ty spirit;

W H E R E A S , some provis ions of Ci ty Ord inance No 331 , Se r i e s of 2003 have been superseded by R A 9344 or the Juveni le Just ice and Wel fare Act of 2006;

W H E R E A S , under Sec t ion 57 of R A 9344. wh ich states that "any conduct not considered a * an offense or not penalized if committed by an adult shaft not be considered an offense and shaH not be punished if committed by a ctrikr curfew ord inances acjains? minors are c lass i f ied a s "status offences";

NOW T H E R E F O R E , be It o r d a i n e d by the honorab le membe r s of the Sanggun iang Pang lungsod Of Baco lod C i ty in regular ses s i on a s semb l ed that;

SECTION 1. Sect ion 4 of C i ty Ord inance No , 331 . Se r i e s of 2003 is hereby amended and shal l be read as ;

"Sect ion 4 . Except ions

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The provisions of Section 2 shall not apply to the following minors.

(1) those who are out of their residence with their parent or guardian or any responsible relative who may vouch for their character and behavior Or,

(2) those wftc are out of their residence upon a written authority from their parent or guardian, stating in said written authority the date of issuance, the name of the minor, his or her and the parent's or guardian's, address, name, telephone or cellphone number, if any, and signature and the purpose of minor being out. Or

(3) those wfto are out of their residence due to a medical emergency to his person or that of any member of his family. Or,

(4) those who are student of night school who are in the streets or outside his/her residence after 10:00 PM: provided, that he/she must show school certification. Or,

(5) those who are in the course of travel."

SECTION 2. Section 6 of City Ordinance No. 331, Series of 2003 is hereby amended and shail be read as:

"SECTION 8. SANCTIONS

Any minor violating this ordinance shall be sanctioned as follows.

For R U S T O F F E N S E , the sanction shall consist of reprimand for the minor and admonition to the offender's parents, guardian or person exercising parental authority Both the former and the latter shall undergo a Diversion Program.

For the SECOND O F F E N S E , the sanction shall consist of a reprimand for the minor and twenty (20) hours of community service to be performed by the offenders parents, guardian or person exercising parental authority. Community service shall include clean-up of public facilities, volunteer work in health centers or day care centers, educational work, environmental sanitation, solid waste, attendance in enhanced parent effectiveness seminars, and the tike.

If a Diversion Program is pending the same shall be extended to conform with the maximum forty five (45) day-period, or if a prior Diversion Program had already culminated, a new Diversion Program for the offender and the parent, guardian or person exercising parental authority over the latter shall be commenced.

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For the THIRD OFFHMSE AND 8UB8EOUEHT OFFEMSES, reprimand for the minor and his/her parent, guardian or person exercising parental authority over the latter shall suffer Imprisonment of one (1) day to ten (10) days, or a fine of Two Thousand Pesos (P2£00.00), or both at the discretion of the court. PROVIDED, That the complaint shall be filed by the Punong Barangay with fHe Office of the City Prosecutor."

Section 3. Section 7 of City Ordinance No. 331, Series of 2003 is hereby amended and shall be read as; "SECTION 7. BARANGAY ASSISTANCE

All Punong Barangays, Kagawads of Sangguniang Barangays, and duly appointed Barangay Tanods, are hereby authorized, for purposes of implementing this ordinance, to take violators of this ordinance into their custody in their Barangay Halls or Muiti-Purpose Centers: Provided, that:

1, The barangay official having custody of the minor shall immediately either inform the parents of such fact or by himself turnover as soon as possible said minor to the parents from start of custody; and

2. If the violator is a resident of another barangay, he/she shall without delay be referred to the Punong Barangay of the place of residence of the minor.

The Punong Barangay whom the minor is being referred to shall provide for the arrangements of the transfer of custody of the offending minor He shaH have the responsibility for expediting the proper action, pursuant to this ordinance as if the taking of custody was made by him.

1. If the violator is not a resident of Bacolod City, said violator shall be turned-over by the Punong Barangay to the Department of Soc»*» Services and Development Office or in the absence of its personnel, the Philippine National Police which will undertake temporary custody of the child for not more than eight (8) hours, who shall then be turned-over to his nearest of kin or guardian in the city, or if none, to the Department of Social Welfare and Development Office of the municipality or city of domicile of the offending minor; And

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2. If me offender is homeless abandoned or neglected or has parent, relative or guardian residing in the city, he shatt be taken without delay to the Social Development Center of the cHy, that wilt arrange for his/her expeditious return to the biological relatives or to a foster or adopting home."

SECTION 4. Section 8.2 of City Ordinance No. 331, Series of 2003 is hereby amended and shall be read as:

"SECTION 8.2 COMMUNITY SERVICE

(1) If the implementation was done by the Philippine National Police, or by the Barangay authorities but the minor so apprehended is not a resident of the apprehending B a) an gay, the DSSD Head who had been copy furnished with alt CCTs issued, shatt endorse the CCT issued to a minor to the Punong Barangay of the Barangay where the minor resides. The Punong Barangay concerned shall then follow the procedures laid down in paragraph (2) of this section.

(2) If the implementation or apprehension of the minor was done by the barangay authorities of the barangay where the minor actually resides, and in their records of CCTs issued, or from the CCTs endorsed by the DSSD, pursuant to the preceding paragraph, a minor is found to have violated this ordinance the second time, or third or fourth time, and so on, the Punong Barangay shatt send the corresponding Notice of Subsequent Violation and Community Service to the minor and his/her parents or guardian, informing them of the minor's second or subsequent violation and for the parent or guardian to render the respective prescribed number of hours of community service and perform such tasks as the Punong Barangay may assign.

(3) The community service of the parent or guardian pursuant to Section 8.2.3 hereof, shall be supervised by the Punong Barangay or her/his duly appointed representatives."

Section 5. Section 8.2.3 of City Ordinance No. 331. Series of 2003 is hereby amended and shatt be read as:

"SECTION 8.2.3 SANCTIONS FOR FAILURE/REFUSAL TO RENDER COMMUNITY SERVICE

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In case the parent or guardian falls or refuses to perform the community service provided under this Ordinance within three (3) days from receipt of notice of subsequent violations and community service, he/she shall be summoned by the Punong Barangay who issued said Notice or thru its Barangay Council for the Protection of Children, he/she shafi be deemed to have violated their duties as parent as provided for under Article 46 of PO 603, as amended, and shall be liable to pay an administrative fine of Five Hundred (500.00) for each failure or refusal to render/perform the required community service "

Section 6. Section 14 of City Ordinance No. 331, Series of 2003 is hereby amended and shall be read as:

"SECTION 14, C1TY/BARANGAY COUNCIL FOR THE PROTECTION Qv

CHILDREN

The City Mayor and the Punong Barangays shall convene or activate their respective City or Barangay Council for the Protection of Children in accordance w»h the provisions of the P.O. 603 as amended, and, in addition to its prescribed functions under said taw, shall assist the City Mayor or DSSD, or the Punong Barangay or Beranaay Councils in the effective implementation of this Ordinance, particularly Section 5 hereof.

SECTION 14.1. DIVERSION PROGRAM

Whenever possible, all offenders shall undergo a diversion program following the pertinent provisions of Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006. The diversion, shall be completed within forty-five (45) days and shall be conducted by the Barangay Council for the Protection of Children (BCPC) in coordination with the non­government organisation with the same advocacy and the concerned social worker of the City, in the barangay where the minor is residing. The BCPC shaH be responsible *n determining the effectiveness of the program and the compliance by the child and parent with the terms and conditions of the diversion program.

If the child and the parent, guardian or person having custody of the child fail to comply with the diversion program, despite exhausting ail efforts to assist them, the BCPC or the City Social Worker may file the proper petition for involuntary commitment of the child to a behavioral rehabilitation facility pursuant to P.D. 603 "

Section 7. Section 16 of CHy Ordinance No. 331. Series of 2003 is hereby amended and shaH be read as follows:

"SECTION 16. DISPOSITION OF THE FINES COLLECTED

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AH administrative fines collected shall form part of the barangay fund to be used for the effective and efficient implementation of this ordinance."

Section 8. trttectivtty. This ordinance snarl take effect immediately upon approval thereof

CARRIED BY THE VOTE OF

El Cid M. Familiaran, Homer Q. Bais, Archie S. Baribar, Roberto M. Rojas, Catalino T. Alisbo, Em L. Ang, Drndo C. Ramos. Elmer T. Sy, Sonya M. Verdeftor, Al Victor A. Espino, Caesar Z. Distrito, Carlos Jose V. Lopez, Mona Dia G. Jardtn.

N o n e

N o n e .

Councilor Mona Dia G. Jardtn

October 5,2011 (66* Regular Session).

P a s s e d . Councilor Keith Emmanuel L. Ramos was out of the Session Halt when this ordinance was passed.

Affirmative. Councilors :

Negative "

Absent

Author

Passed

Comments: