AN ORDINANCE ESTABLISHING AN HINP EMERGENCY FUND TO DEFRAY EXPENSES IN

TIMES OF ACCIDENT OR DEATH AT THE HUNDRED ISLANDS NATIONAL PARK

WHEREAS, the Sanggunian with its powers provided under section 458 (1)(iv) of R.A 7160
known as the Local Government Code is empowered to adopt measures x x x and to
provide relief services and assistance for victims during disasters or calamities and in their

return to productive livelihood following said events.

WHEREAS, though accidents and deaths are not directly mentioned in the aforesaid section,
the same falls under the general welfare clause found in section 16 of R.A 7160.

WHEREAS, to carry out this piece of compassionate justice, this city desires to extend
assistance to any person as a result of accident or death that may arise during his/her tour at
the Hundred Islands National Park (HINP).

WHEREAS, such assistance is in the form of a reasonable and adequate cash_ amount

depending on the severity of accident and a fixed amount in the event death arises.

WHEREFORE, on motion of City Councilor Carol Dizon-Sison, duly seconded

by_________________________

BE IT ENACTED by the Sangguniang Panlungsod in session duly assembled that:

Section 1. Title _ This Ordinance shall be cited or known as “AN ORDINANCE

ESTABLISHING AN HINP EMERGENCY FUND TO DEFRAY EXPENSES IN TIMES OF ACCIDENT

OR DEATH AT THE HUNDRED ISLANDS NATIONAL PARK.”

Section 2. Scope and Period of Coverage. _ Any guest, whether local or foreign tourist
whose name appears in the Manifest shall be covered by the fund and the coverage is
effective for the entire duration of the trip, that includes the time when a passenger sets foot
on the boarding area or ladder leading to the deck/hull and continues during the entire
course of the voyage and shall cease upon disembarkment from the boat upon return to

port of origin.

Section 3. Amount of Imposition_ The City Government through the Tourism Office shall
collect the amount of Ten Pesos (Php 10.00) from a guest whose name appears in the

manifest form.

Section 4. Claims /Coverage.- The coverage of the fund shall be as follows:

a. A guest who meets an accident due to fortuitous or violent and external event that
results to physical injuries or loss of life;
b. Serious Physical Injuries as defined in Art. 263 of the Revised Penal Code, which
includes but not limited to dismemberment or deformity of any principal part of the
human body, disablement which may be caused or result from zip-lining activities
and other water sports activities in the Hundred Island; provided, that a claimant for
serious physical injuries may qualify for prosthesis or a wheel chair if found to have
difficulty in moving around;
c. Less Serious Physical Injuries as defined in Article in Art. 265 of the Revised Penal
Code; provided that such injuries are sustained by the guest in connection with zip-
lining and other water activities;
d. Slight Physical Injuries as defined in Art. 266 of the Revised Penal Code, that the same
are sustained by a guest in connection with zip-lining and other water sports
activities; provided, and provided further that only actual medical expenses shall be
reimbursed;
e. Murder, homicide, and other intentional felonies or crimes committed by persons not employed
or not connected with the City Tourism Office or even if connected with the said office, but the
felony is committed outside or not within the employees assigned task, the same shall be
 excluded from the claims or coverage; provided, that if felony is work connected, the City
Tourism Office is liable; provided further, that even if not work connected,the City Tourism Office
may contribute as aid to the victim any amount at the discretion of the City Chief Executive;
provided furthermore, that any amount so contributed, just like in paragraph B,

Section 5. Table of Indemnities._

1. For Slight Physical Injuries as herein defined, a maximum cash amount of P 3,000 or
a reimbursement for Medical expenses in the amount not exceeding P 3,000
whichever chosen by the qualified claimant.
2. Less Serious Physical Injuries as herein defined:
P

Section 6 . Separability Clause _ Should any provision herein be declared unconstitutional

or invalid by competent court, the same shall not affect the validity of the other provisions of

this Ordinance.

Section 7. Repealing Clause _ All ordinances inconsistent with this ordinance is hereby

amended or modified accordingly.

Section 8. Effectivity _ This ordinance shall take effect upon its approval.

SO ORDAINED/ENACTED ……