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Republic of the Philippines

OFFICE OF THE SANGGUNIANG PANLUNGSOD


City oflloilo

EXCERPT FROM THE MINUTES OF THE 37rn REGULAR SESSION OF THE 33RD
SANGGUNIANG P ANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT
THE SESSION HALL, ILOILO TERMINAL MARKET BUILDING, J. DE LEON STREET,
ILOILO CITY, ON WEDNESDAY, OCTOBER 5, 2011.

PRESENT:
HON. JOSE S. ESPINOSA III
Vice Mayor & Presiding Officer

HON. JOSHUA C. ALIM, Floor Leader Member


HON. LYNDON V. ACAP Member
HON. RODEL F. AGADO Member
HON. ROBERTO E. DIVINAGRACIA, Liga nga mga Brgy. Pres. Ex Officio Member
HON. ELY A ESTANTE, JR. Member
HON. JEFFREY P. GANZON Member
HON. R LEONE N. GEROCHI Member
HON. JASON R. GONZALES Member
HON. DAVID RAYMUND C. JAMORA Member
HON. PLARIDEL C. NAVA II Member
HON. EDWARD C. YEE Member
HON. PERLA S. ZULUETA Member

ABSENT:

HON. SHEEN MARIE S. MABILOG, SK Federation Pres. Ex Officio Member


(On Leave)
HON. NIELEX C. TUPAS (On Leave) Member

REGULATION ORDINANCE NO. 2011-676


AN ORDINANCE AMENDING THE PROVISIONS OF REGULATION
ORDINANCE NO. 2006-020 (COMPREHENSIVE ORDINANCE
PROHIBITING MINORS TO WANDER, SAUNTER OR LOITER IN ANY
PLACE))

Sponsored by Councilor Plaridel C. Nava II, duly seconded by


Councilors Jason R. Gonzales, Lyndon V. Acap and Radel F.
Agado

WHEREAS, on January 25, 2006, the Sangguniang Panlungsod has enacted Regulation
ordinance No. 2006-020 which prohibits minors to wander, saunter or loiter in any places
specified therein after 11: 00 o'clock in the evening until 4 :00 o'clock in the morning;

WHEREAS, there is a practical necessity to amend some provisions in the said regulation
ordinance to effectively meet and properly respond to the present situation involving minor
children;

WHEREAS, with the advent of Republic Act 9344, the so-called Juvenile Justice and
Welfare Act, there are certain provisions in the aforementioned regulation ordinance that come in
Reg. Ord. No. 2011-676, Oct. 5, 2011 Page2

Section 1. - Short Title. - This ordinance shall be known as "The Ordinance


Establishing Curfew for Minors".

Section 2. - Definition of Terms:

1. Minor - a person under the age of 18 years old.


2. Curfew hours - 11:00 o'clock in the evening until 4:00 o'clock in the morning.
3. Child in Conflict with the law - a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
4. Loiter- stand around idly; to stand around without any obvious purpose.
5. Saunter - slow walk; a slow leisurely walk; Stroll: to walk at an easy unhurried pace.
6. Wander- an aimless or leisurely moving from place to place.
7. Parent/guardian - those who is either the mother or the father, and/or both who
exercise parental authority over the minor or in their absence, those who can exercise
substituted parental authority pursuant to the Civil Code of the Philippines, as
amended.

Section 3. - During curfew hours, minors shall be prohibited from doing the following
acts:

1. To wander, loiter or saunter in public places such as parks, plazas and roads;
2. To enter and be present in any restaurants, nightclubs, motels, dancehalls,
amusement places such as internet cafes, video arcades, karaoke bars, billiard halls,
beach resorts and other similar establishments;
3. To engage in selling or vending of whatever items, products, foods and beverages
even with the presence of his/her parents;

Section 4. - The prohibition set forth in paragraphs 2 and 3 of the preceding section shall
not be enforceable:

1) When the minor is actually and personally accompanied by his/her


parents or guardians who are in-charge of his/her care and custody;
2) When the minor is on his/her way home after attending educational
program, social, civic, religious and family affairs or gatherings such
as, but not limited to, convocation, conventions, seminars, scholastic
and commencement activities, Christmas Eve, New Year's Eve, Holy
Week, Yuletide Mass, Weddings and Birthdays and All Saints Day.

Section 5. - It shall be unlawful for any business establishments engaged in the operation
of restaurants, music lounges, disco bars/houses, nightclubs, amusements places like internet
cages, video arcades, billiard halls, beach resorts and other similar businesses to admit, accept or
allow minors within the premises of their establishments.

Section 6. - All business establishments mentioned in the immediately preceding section


shall be required to post notices at the entrance door or in any other conspicuous places in their
establishment enforcing curfew hours on minors. At the start of the curfew hours, said
establishments shall ensure that minors who may have come in earlier must leave the premises at
once.
Reg. Ord. No. 2011-676, Oct. 5, 2011 Page 3

First Violation - Written notice of warning


Second Violation - Imposition of fine in the amount of Five Thousand Pesos
(P5,000.00)
Third Violation - Closure of the place of business for three (3) days
Fourth Violation - Closure of the place of business for five (5) days
Fifth Violation - Revocation of business permit

Section 8. - The City Mayor shall be authorized to form a task force to implement the
provisions of this ordinance. The Punong Barangays, Sangguniang Kabataan (SK) officials and
the Civilian Voluntary Officers are also mandated to enforce this ordinance within their
respective jurisdiction and to conduct inspection on business establishments situated in their
respective barangays for the purpose of enforcing and implementing this ordinance.

Section 9. - The Sangguniang Kabataan Council in every barangay are required to make
an appropriation in their annual budget for the issuance and distribution of identification cards
ID's) for the youth in the barangay aging from 9 to 18 years old.

Section 10. - The minor found violating this ordinance shall be immediately committed
o remitted to the nearest Office of the Department of Social Welfare and Development (DSWD)
o to the City Social Welfare and Development Office (CSWDO) for care, custody and proper
disposition in accordance with the provision of Republic Act 9344 (Juvenile Justice and Welfare
Act of2006). From the moment a minor found violating this ordinance is taken into custody, the
law enforcement officer shall carefully observe the procedure laid down in Section 21 of
Republic Act 9344.

Section 11. - The parent or guardian of the child in conflict with this curfew ordinance
shall also be criminally liable. If found guilty by the appropriate court for consenting or
allowing their minor child to wander or loiter in the streets during curfew hours without their
presence or supervision , and shall suffer the penalty of imprisonment of not less than thirty (30)
days and not more than six (6) months.

Section 12. - Any person of legal age found in the company of a minor child during
curfew hours without justifiable reason shall likewise be criminally liable and shall be proceeded
against the provisions of Republic Act 9344.

Section 13. - All heads of private and public schools within the city shall be directed to
properly disseminate the curfew hours to their minor students and to enjoin them to strictly
observe the provisions of this ordinance. They shall also be required to properly coordinate with
the appropriate police precinct regarding their schedules of activities during curfew hours.

Section 14. -The Office of the City Secretariat shall be required to provide copies of this
ordinance to all 180 barangays, public and private educational institutions in the City of Iloilo for
proper information and dissemination.

Section 15. - If any provision or provisions of this ordinance shall be declared invalid or
unconstitutional by appropriate court or by competent authorities, other provision or provisions
hereof which are not affected thereby shall continue to be in full force and effect.

Section 16. - This ordinance hereby repeals Regulation Ordinance No. 2006-020.
Reg. Ord. No. 2011-676, Oct. 5, 2011 Page4

Section 17. - This ordinance shall take effect after ten (10) days from publication in a
local newspaper of general circulation in Western Visayas.

ENACTED, October 5, 2011. (Co-Author: Coun. Sheen Marie S. Mabilog)

I hereby certify to the correctness of the above quoted ordinance.

UTH H. ARROYO
etary to the Sanggunian~

APPROVED:

.MABILOG \
ayor \

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