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Republic of the Philippines

Region XII
Province of Cotabato
CITY OF KIDAPAWAN
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE 6TH


SANGGUNIANG PANLUNGSOD OF KIDAPAWAN CITY ON DECEMBER 03, 2015
AT 9:00 OCLOCK IN THE MORNING AT THE SP SESSION HALL, KIDAPAWAN
CITY, PROVINCE OF COTABATO.

PRESENT:
Hon. Rodolfo Y. Gantuangco - City Vice Mayor/ Presiding Officer
Hon. Francis E. Palmones, Jr. - SP Member
Hon. Judith G. Navarra - SP Member
Hon. Alan S. Amador - SP Member
Hon. Peter D. Salac - SP Member
Hon. Ma. Estela E. Lamata - SP Member
Hon. Ruby P. Sison - SP Member
Hon. Radin O. Igwas - SP Member/IP Representative
Hon. Gasbamel Rey D. Suelan - SP Member/ABC President

ON OFFICIAL BUSINESS:
Hon. Lauro G. Taynan, Jr. - SP Member
Hon. Mario E. Flores - SP Member

ON LEAVE:
Hon. Jivy Roe C. Bombeo - SP Member

ORDINANCE NO. 15-1061

AN ORDINANCE ENACTING THE KIDAPAWAN CITY PUBLIC SAFETY,


SECURITY, PEACE AND ORDER CODE OF 2015

CHAPTER I
GENERAL PROVISIONS

Article A. Title, Scope, Policy, and Terminologies

Section 1. Title. This Ordinance shall be known as the KIDAPAWAN CITY


PUBLIC SAFETY, SECURITY, PEACE AND ORDER CODE OF 2015, and shall
be hereinafter referred to and cited as the Code.

Section 2. Scope. This Code provides regulatory and enforcement mechanisms


relating to maintaining public safety, security, peace and order in the City of Kidapawan
in accordance with pertinent laws, rules and issuances.

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Section 3. Declaration of Policy. Pursuant to Sections 5 and 15 of Article II of
the 1987 Philippine Constitution, and in consonance with the General Welfare clause of
Article 16 of Republic Act 7160, otherwise known as the Local Government Code of
1991, it is hereby declared the policy of the City Government of Kidapawan to fully
exercise its authority to promote and ensure the safety, security, order, and well-being of
its constituents and the general public by establishing measures geared towards the
realization thereof.

Section 4. Definition of Terms

Accommodation & Entertainment Establishments - refer to restaurants, fastfoods,


eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto
bars, and movie houses, or any other place with pleasant environment and atmosphere
conducive to comfort, healthful relaxation and rest, offering food, sleeping
accommodation and recreational facilities to the public for a fee

Bar/Videoke Bar - shall include any place or establishment whose principal business is
the sale of alcoholic beverages or liquors of any kind to be used and consumed within its
premises. A Videoke bar is deemed included in the definition of bar. A bar that allows
dancing within its premises shall be considered a nightclub, cabaret, or dance hall, as the
case may be, shall be subject to the provisions of the article concerned

Cabaret or dance hall - shall include any place or establishment where dancing is
permitted to the public and where professional hostesses or dancers are employed or
where admission fee or any other charge for dancing is collected

Closed Circuit Television (CCTV) Camera refers to an electronic device that records
the activities and persons coming in and out of establishments and its premises where it is
installed

Community Work refers to work related to cleanliness, beautification, sanitation, and


the like

Designated Smoking Room - refers to a delineated room inside the accommodation


establishment, or public place or enclosed public place, which is totally enclosed where a
person is allowed to smoke without violating this Ordinance. Any duly designated
room/area in accommodation and entertainment establishments, whether tourism-
accredited or not, within the territorial jurisdiction of Kidapawan City as hereinabove
defined, provided, the following conditions are met:
(1) If the accommodation and entertainment establishment is air-conditioned, it
must establish and designate a smoking room which shall not be more than one-
fourth () of the total accommodation area of the establishment that is air
conditioned and equipped with an exhaust fan and totally enclosed on all sides
and separated from the rest of the premises where smoking is prohibited; and
(2) If the accommodation and entertainment establishment is not airconditioned, it
must establish and designate a smoking area which shall not be more than one-

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fourth () of the total accommodation area of the establishment that is fully
ventilated and separated from the rest of the premises where smoking is
prohibited

Deadly Weapons include firearms of whatever kind, knives of whatever kind, swords
of whatever kind, bolos, spears, and other kinds of bladed, Pointed, round or blunt
instrument that can hurt another person including chako, brass knuckles, and other
similar devices

Disaster refers to the result of a natural or man-made event which causes loss of life or
injury and property damage, including but not limited to natural disasters such as
hurricanes, tornados, floods, storms, strong winds and other weather-related events; and
man-made disasters including but not limited to nuclear power plant explosions,
accidents involving hazardous materials, oil spills, explosions and civil disturbances

Drug Dependence as defined by R.A. No. 9165, particularly Section 3 thereof: it is a


cluster of physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving, among
others, a strong desire or a sense of compulsion to take the substance and the difficulties
in controlling substance-taking behavior in terms of its onset, termination, or levels of use

Enclosed Area - refers to an area which is closed, whether totally or partially, at the sides
and is roofed or make use of the floor above it as a ceiling, or even if open on all sides
but is covered by a roof, permanent or temporary in nature

Enclosed Public Place - refers to a room, building, structure or edifice that is constructed
with a shelter or covered by a roof with panels or concrete wall, which structure is open
to the public
Entertainment Establishment refers to any place that offers entertainment to the
general public that allows ingress and egress of persons to the establishment itself
whether for a fee or for free which includes, but not limited to, movie houses, theaters,
videoke or sing along bars, disco clubs whether enclosed or not

Evacuation refers to an operation whereby all or part of a particular population is


temporarily relocated, whether individually or in an organized manner, from an area in
which a disaster or emergency has been declared, and is considered dangerous for health
or safety of the public

Firearms, Ammunitions and Explosives refer to the firearms, ammunitions and


explosives contemplated under Republic Act No. 10591

Firecrackers and Pyrotechnic Devices include, but are not limited to those mentioned
in Section 2 of Republic Act 7183

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Forced Evacuation - refers to an evacuation order as a resort when a disaster or
emergency has been declared and danger of loss of life is imminent, and conditions exist
that critically imperil or endanger the lives of those in the defined area

Foster Parent refers to one who has performed the duties of parent of a child as his/her
own

Guardian refers to a person lawfully invested with power, and charged with the duty of
taking care of a child during his/her minority

Guest Relations Officer or GRO - shall include any woman employed who
entertains at any of the establishments herein defined for a fee or remuneration paid
directly or indirectly by the operator or by the persons with whom she entertains

Habitual Offender refers to one who commits violation of any regulatory or penal
provisions of this Code for more than three (3) occasions

Imminent Danger refers to an immediate threat of harm

Landlord refers to the owner, manager or administrator of a boarding house or


apartment

Large-Scale Enterprises refer to business establishments with a declared capitalization


of One Hundred Million Pesos and above

Marijuana - as defined by R.A. No. 9165, particularly Section 3 thereof: Indian


Hemp, otherwise known as marijuana, embraces every kind, class, genus or specie of
the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish,
bhang, guaza, churrus and ganzab, and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering, or fruiting tops or any part or portions of
the plant, seeds thereof and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever

Medium-Scale Enterprises refer to business establishments with a declared


capitalization of Fifteen Million Pesos to One Hundred Million Pesos

Micro-Scale Enterprises refer to business establishments with a declared


capitalization of less than One Hundred Thousand Pesos

Minor, Child, or Youth refers to such person below 18 years old

Mobile Source refers to any vehicle/machine propelled by or through oxidation or


reduction reactions, including combustion or carbon-based or other fuel, constructed and
operated principally for the conveyance of persons or the transportation of property or
goods, that emit air pollutants as a reaction product

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Motor Vehicle refers to any vehicle propelled by gasoline or diesel engine or by any
means other than human or animal power constructed and operated principally for the
conveyance of persons or the transportation of goods

Motor Vehicle Registration (MVR) - refers to the official recording of a motor vehicle
by the Land Transportation Office (LTO) subject to the conformance of the vehicle to the
safety and emission standards provided under Section 21 of the Act, including the pre-
evaluation of the documents/requirements pursuant to Section 5 of Republic Act 4136, as
amended, otherwise known as the Land Transportation Code

Offender refers to one who acts contrary to law

Operator - shall include the owner, manager, administrator, or any person who
operates and is responsible for the operation of any nightclub, cabaret, dancing school or
dance hall in accordance with the provisions of these regulations

Other Business Establishment refers to any place that deals business with the general
public that allows ingress and egress of persons to the establishment itself that includes,
but not limited to, hotels, motels, lodging houses, restaurants, eateries, coffee shops,
shopping arcades and internet cafes whether enclosed or not

Owner refers to the person in whose name the license certificate for the dog is issued;
provided, however, that if the dog is not yet immunized nor issued a metal tag and license
certificate, the term owner may refer to the possessor or person in custody

Parents refer to the lawful mother or father of the child

Private Place includes privately-owned streets, yards, ricefields, farmlands and lots
owned by an individual other than the owner of the animal

Public Building - refers to any of the following:


(1.) A building structure owned by the government or owned by a private person
but used, rented or occupied by the government or any of its instrumentalities;
(2.) Any building or structure used or controlled exclusively for public purposes
by any department or branch of government, local government unit or barangay
without reference to the ownership of the building

Public Place - refers to gasoline stations, banks, malls, town squares, terminals,
shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums,
funeral parlors, barber shops, and other similar places where people usually congregate
either to while away their time or to listen or attend concerts, rallies, programs such as,
but not limited to, the City Plaza, the Kidapawan City Pilot ES Oval, and the like;
includes national, provincial, municipal or barangay roads, parks, plazas, and such other
places open to the public

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Shabu - Also known for its generic name methylamphetamine hydrochloride, is one of
the major stimulants taken by drug abusers. This means that shabu stimulates the action
of the central nervous system and produce psychological and physical dependence

Small-Scale Enterprises - to business establishments with a declared capitalization of


One Hundred Thousand Pesos and above but not more than Fifteen Million Pesos

Smoking - refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or
any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the
like within the prohibited areas for smoking shall constitute a prima facie evidence as an
act of smoking prohibited under the article concerned

Article B. Mandates, Objective and Interpretation

Section 5. Mandates. The regulatory and enforcement measures of the Code


shall be pursued in accordance with the inherent and general powers of the City as
provided for in Section 16 [General Welfare Clause] of Republic Act No. 7160, or the
Local Government Code of 1991, which states that: Within their respective territorial
jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of
the people to a balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their
inhabitants; and further stipulated in Republic Act No. 8500, otherwise known as the
Charter of the City of Kidapawan, and other relevant laws and issuances.

As such, it shall ensure the enforcement of the provisions of this Code and other
pertinent laws, regulations and issuances in furtherance of its mandate to prevent,
suppress and impose appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill
repute, gambling and other prohibited games of chance, fraudulent devices and ways to
obtain money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution and exhibition of obscene or pornographic
materials or publications, and such other activities inimical to the welfare and morals of
the inhabitants of the City [RA 8500, Art. IV, Sec. 10, par. e (1ee)]

In the exercise of the aforesaid mandate, the City shall observe, abide by and
ensure effective compliance with the following laws, policies, and issuances relating to
public safety, such as:

Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of


2002

Republic Act No. 7610, or the Special Protection of Children Against


Child Abuse, Exploitation and Discrimination Act

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Republic Act No. 9211, or the Tobacco Regulation Act of 2003

Republic Act No. 7394, or the Consumer Act of the Philippines

Republic Act No. 10591, or the Comprehensive Firearms and


Ammunitions Regulation Act

Republic Act No. 10121, or the Philippine Disaster Risk Reduction


Management Act of 2010

Republic Act No. 8749, or the Clean Air Act of 1999

Republic Act No. 4136, or the Land Transportation Code

Republic Act No. 9514, or Fire Code of the Philippines

Republic Act No. 7163, or the Firecrackers and Pyrotechnics Regulation


Act

PD 1056, or National Building Code of the Philippines

Section 6. Objective. This Code will serve as a compendium of existing laws,


rules and regulations which shall institutionalize the implementation and enforcement of
such laws, rules and regulations towards maintaining and securing public safety, security,
peace and order in the City of Kidapawan.

Section 7. Rules of Interpretation. In construing the provisions of this Code, the


following rules of construction shall be observed unless inconsistent with the manifest
intent of the provisions or when applied they would lead to absurd or highly improbable
results:

a) General Rule. All words and phrases shall be construed and understood
according to the common and approved usage of the language; but the technical words
and phrases and such other words in this Code which may have acquired a peculiar or
appropriate meaning shall be construed and understood according to such technical,
peculiar or appropriate meaning.

b) Gender and Number. Every word in the Code importing the masculine gender
shall extend to both male and female. Every word importing the singular number shall
apply to several persons or things and every word importing the plural number shall
extend and be applied to one person or thing.

c) SHALL and MAY. Shall is mandatory and May is permissive.

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d) Conflicting Provisions of Chapters. If the provisions of different chapters
conflict with or contravene each other, the provisions of each chapter shall prevail as to
all specific matters and questions involved therein.

e) Conflicting Provisions of Sections. If the provisions of the different sections in


the same article conflict with each other, the provisions of the Section which is the last in
point of sequence shall prevail.

Section 8. Amendment and Integration of Additional Provisions. Any


amendment on this Code may be introduced to the chapter, article or section concerned.
All ordinances or provisions thereof enacted subsequent to the date of effectivity of this
Code shall be compiled in such a way as to bear the corresponding chapter, article or
section to which such ordinance or provision pertains. Such new provisions shall be
integrated into the corresponding chapter, article or section whenever a new printing or
reproduction of this Code is undertaken upon authorization of the Sanggunian.

Section 9. Existing Rights. No right accrued, action or proceeding commenced


before the effectivity of this Code shall be adversely affected by any provisions hereof.
Thereafter, all procedures or actions to be taken shall conform to the provisions of this
Code whenever possible.

Section 10. Reference to Code. Whenever reference is made to any portion of


this Code, such reference shall apply to all amendments and additions now or may
hereafter be introduced.

Section 11. Effect of Heading. The Chapter, Article and Section headings do not
in any manner affect the scope, meaning or intent of the provisions contained in this
Code.

Section 12. Relation to Prior Ordinance. The provisions of this Code which are
substantially the same as that of previous or existing ordinances particularly when dealing
with the same subject matter shall be construed as restatement and not as a new
enactment.

CHAPTER II
REGULATION AND ENFORCEMENT

TITLE I. PUBLIC MORALITY

Article A. Buying and Selling of Liquors and Cigarettes

Section 13. Definition. For purposes of definition, the term All Other Business
Establishments shall mean and include Hotels, Restaurants, Bars, Malls, Food Houses,
Eateries, Refreshment Parlors, Beer Houses, Disco Joints/Houses, Fun Houses,
Amusement Centers, Motels, Inns and such other similar establishments selling and

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serving beer, liquor, coconut wine and other intoxicating beverages as well as cigarettes
and other tobacco products;

Section 14. Declaration of Policy. It is the policy of the City Government to


promote the general welfare of its inhabitants, especially those of minors, who should be
protected against exploitation, improper influences, hazards and other circumstances
detrimental to their development and well-being as future leaders and responsible citizens
of the City. It is also the duty and responsibility of parents to see to it that their children
who are minors are not exposed to and are spared from such kinds of vices as smoking
and imbibing of liquor, in the same way that all responsible citizens of the City must do
their share in upholding and protecting the welfare and interests of minors.

Section 15. Prohibited Acts.

a) All minors below 18 years of age, are prohibited from buying, ordering, serving or
drinking beer, liquor, coconut wine and other intoxicating beverages as well as buying
and smoking cigarettes and other tobacco products from wholesale, retail, grocery, or
convenience stores and all other business establishments in the City;

b) All persons are prohibited from instructing, ordering, sending on an errand or co-
opting minors below 18 years of age, to buy, order or drink beer, liquor, coconut wine
and other intoxicating beverages as well as to buy, order or smoke cigarettes and other
tobacco products from wholesale, retail, grocery or convenience stores and all other
business establishments in the City

c) All wholesale and/or retail stores, grocery or convenience store outlets as well as all
other business establishments in the city, including ambulant vendors and/or peddlers, are
prohibited from selling or serving beer, liquor, coconut wine and other intoxicating
beverages as well as cigarettes and other tobacco products to all minors below 18 years of
age. For this purpose, all wholesale and/or retail store owners, grocery or convenience
store personnel, as well as all other business establishments including ambulant vendors
and/or peddlers, in the city are mandated to determine the age of their would-be buyers
by requiring them, whenever necessary, by reason of their looks and appearance that they
may still be minors, to present their identification cards, such as Drivers License, School
ID, Employee ID, other Government-issued ID or Community Tax Certificate before
selling or serving to them beer, liquor, coconut wine and other intoxicating beverages as
well as cigarettes and other tobacco products;

d) All business establishments selling intoxicating liquor and beverages are hereby
prohibited from selling the same after 1:00 oclock in the morning up to 6:00 oclock in
the morning.

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Section 16. Penalties. Violation of the provisions of this Article shall be
penalized as follows:
a) First Offense - A fine of Php 1,000.00 or an imprisonment of not less than ten
(10) days or both at the discretion of the Court
b) Second Offense - A fine of Php 3,000.00 or an imprisonment of not less than
twenty (20) days or both at the discretion of the court
c) Third Offense - A fine of Php 5,000.00 or an imprisonment of not less than
thirty (30) days or both at the discretion of the court In addition to the
foregoing penalties, the business permit of the erring wholesale, retail, grocery
or convenience store or business establishment shall be cancelled by the City
Mayor upon its commission.

The following shall be held responsible:

1. The President or General Manager or any person acting for and in behalf of the
General Manager in case the wholesale, retail, grocery or convenience store or business
establishment is a corporation, partnership or cooperative; and

2. The owner or proprietor or any person acting for and in behalf of the owner or
proprietor if the wholesale, retail, grocery or convenience store or business establishment
is a single proprietorship;

Section 17. Education and Information Dissemination. All departments and


offices of the City Government are mandated to conduct massive education and
information drive in their respective departments and offices to disseminate to the
employees the existence of this Code for their proper information and guidance.

Likewise, all public and private tertiary, secondary and elementary schools,
colleges and universities operating in the city are mandated to conduct massive education
and information drive in their respective campuses to inform their students of the
existence of this Code and to place the sign mentioned under this Article hereof on their
respective bulletin boards in full view of their students for their continued guidance and
information. All barangays in the city, through their respective Barangay Councils, are
mandated to conduct massive education and information drive to disseminate to the
people the existence of this Code for their information and guidance.

Article B. Regulating Operations of Bars and Videoke


Bars and Other Similar Establishments Including Internet Cafes
Section 18. Definition of Terms.

a) Bar shall include any place or establishment whose principal business is the sale
of alcoholic beverages or liquors of any kind to be used and consumed within its
premises. A Videoke bar is deemed included in the definition of bar. A bar that
allows dancing within its premises shall be considered a nightclub, cabaret,
dancing school or dance hall, as the case may be, shall be subject to the provisions
of this article.

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b) Cabaret or dance hall shall include any place or establishment where dancing is
permitted to the public and where professional hostesses or dancers are employed
or where admission fee or any other charge for dancing is collected.

c) Guest Relations Officer or GRO shall include any person employed who
entertains at any of the establishments herein defined for a fee or remuneration
paid directly or indirectly by the operator or by the persons with whom he/she
entertains.

d) Operator shall include the owner, manager, administrator, or any person who
operates and is responsible for the operation of any nightclub, cabaret or dance
hall in accordance with the provisions of these regulations.

Section 19. Regulated Acts.

a) No person, firm or corporation shall engage in the operation of bars and videoke bars
without first securing a permit from the City Mayor upon the recommendation of the
Chief of the Bureau of Fire Protection, City Health Officer, City Engineer and the Chief
of the Business Licensing Office and paying the corresponding permit fee imposed under
existing tax ordinances.

b) Persons carrying deadly weapons or firearms of any description, except peace officers
in proper police uniform especially detailed therein to keep order and those on special
mission to apprehend criminals and other law violators, shall not be admitted nor allowed
to remain in any bars, cabarets, or dance halls.

c) No bar shall be established within a radius of one hundred (100) lineal meters from the
perimeter fence of any public building, school, public library, church or hospital.

d) No person shall be employed as entertainer, drink or food server in any bar unless
he/she is at least eighteen (18) years of age.

e) No entertainer, drink or food server or any other female or male employee of a bar
shall be allowed to remain in its premises after its closing hours at 1:00 oclock in the
morning.

Section 20. Rules and Regulations. Bars and Videoke bars shall be subject to the
following rules and regulations:

1) The provision as to location shall not apply to bars licensed and operating at the time
of the approval of this Code, nor will the opening of any public building or other
premises from which distance shall be measured prejudice any bar then licensed and
operating; provided, however, that such bar established within one hundred (100) lineal
meters from any school, hospital, public library or church shall be so constructed as
approved by the City Engineer, so that the noise coming therefrom shall not disturb those

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in the school, hospital, public library or church, and if such noise causes such
disturbances, then such bar shall operate on the following time as specified in this Article.

2) Bars shall be well-lighted at all times leaving no dark corners and shall be maintained
under good sanitary condition. There shall be no private rooms nor separate
compartments, except those assigned for lavatories, bar counter where liquors are on
display, owner or managers room, dressing room for ladies and kitchen.

3) Bars constructed, operated and located within a radius of one hundred (100) lineal
meters from the perimeter fence of any public building, school, public library, church or
hospital prior to the effectivity of this Code, shall begin its business hours as herein
provided:

a. For bars located near a school:


i. Start of operation shall be at 9:30 p.m. for bars located near colleges and
universities;
ii. Start of operation shall be at 6:00 p.m. for bars located near schools
offering only elementary and secondary education. Provided, however,
that if the school offers evening classes, then the bar can start to operate
only at 9:30 p.m. to 1:00 a.m.
b. For bars located near a public library, they can start its operation only after
library hours;
c. For bars located near a hospital, they can start its operation at 6:00 p.m.
provided that the owner of the bar or videoke bar shall install soundproofing
devices; and,
d. For bars located near a church, they can start its operation only when there are
no religious activities or services going on.

4) The following signs shall be placed at the main entrance of the amusement place:

MINORS ARE NOT ALLOWED and


DEPOSIT YOUR FIREARMS WITH THE MANAGEMENT.

5) The operator, before employing any worker, must require the presentation and
submission of the birth certificate duly authenticated by the National Statistics Office
(NSO), secure the necessary permit and/or health certificate and to produce evidence of
payment of his or her license fee.

6) In no case shall any entertainer or drink or food server be allowed to work in the
aforesaid places of amusement unless he or she shall have provided and submitted the
papers herein required. In cases where no birth certificate is available, a certification from
the Local Civil Registrar where the person is supposed to have been born together with
an affidavit of two (2) disinterested persons attesting to the birth of the person must be
submitted.

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7) Peace officers who are not detailed to maintain peace and order and those who have no
mission to perform in said places of amusement and private persons holding firearms
shall deposit the same with the management upon entering the place.

Section 21. Complaints. Any person who believes that the bar is established or
located in any place not authorized by this Article or is not operating or conducting
business in accordance with the provisions of the Code, may file a complaint before the
Office of the Head of the Business Permit and Licensing Office who will recommend to
the City Mayor the cancellation of the permit or both the permit and the license after
proper investigation and decision is made on the complaint.

Section 22. Revocation of Permit. The City Mayor shall revoke any permit or
license granted under these regulations upon satisfactory evidence that the use of illegal
drugs and gambling or playing of any prohibited game has taken or is taking place within
the premises of any bar. In case of violation of any of the herein provisions, the permit
for the operation of a bar shall be withdrawn by the City Mayor and the license revoked.
Such revocation of the permit and license shall operate to forfeit to the City all sums paid
therefore.

Section 23. Penalties. Any violation of the provisions of this Article shall be
punished as follows:

a) Bar operators and owners who are found to have violated any provision of this Article
shall pay a fine of Five Thousand Pesos (Php 5,000.00) or by imprisonment of not less
than six (6) months but not more than one (1) year or both, such fine and imprisonment at
the discretion of the court and the revocation of permit for the business establishment;

b) AFP and PNP personnel and other law enforcement agents who are found to have
violated pertinent provision of this Article shall pay a fine of Five Thousand Pesos (Php
5,000.00) or by imprisonment of not less than six (6) months but not more than one (1)
year or both, such fine and imprisonment at the discretion of the court; and

c) Any person found to have violated any provision of this Article shall pay a fine of Five
Thousand Pesos (Php 5,000.00) or by imprisonment of not less than six (6) months but
not more than one (1) year or both such fine and imprisonment at the discretion of the
court.

Article C. Sale of Rugby and Other Volatile Substances

Section 24. Prohibited Act. All business establishments are prohibited from
selling rugby solvent and other similar volatile substances such as paint thinner, lacquer,
turpentine, and the like to any person below eighteen (18) years of age.

Section 25. Penalty. Violation of the provision of this Article shall be penalized
by cancellation of their business permits or licenses.

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Article D. Curfew for All Minors Between the Hours of
Ten Oclock in the Evening and Four Oclock
in the Morning of the Following Day

Section 26. Declaration of Policy. It is hereby declared the policy of the City
Government of Kidapawan to provide protection to children from all forms of abuse,
neglect, cruelty and other forms of deprivation prejudicial to their growth and
development. Therefore, the best interest and welfare of the children shall be the
paramount consideration in legislations geared towards protecting them from all scourges
of illicit drugs, prostitution, child abuse and exploitation as well as gambling and similar
vices inimical to public morals.

Section 27. Regulated Act. No minor shall be allowed to congregate, loiter,


wander or be in streets, plazas, or other similar public areas or in an uninhabited place
within the territorial limits of the City of Kidapawan between the hours of ten oclock in
the evening and four oclock in the morning of the following day.

Section 28. Definition of Terms.

a) Minor, Child, or Youth refers to such person below 18 years old


b) Parents refer to the lawful mother or father of the child
c) Guardian refers to a person lawfully invested with power, and charged with the duty
of taking care of a child during his/her minority
d) Foster Parent refers to one who has performed the duties of parent of a child as
his/her own
e) Landlord refers to the owner, manager or administrator of a boarding house or
apartment
f) Offender refers to one who acts contrary to law
g) Community Work refers to work related to cleanliness, beautification, sanitation, and
the like
h) Habitual Offender refers to one who commits violation of this Article for more than
three (3) occasions

Section 29. Exemptions. A minor shall be allowed to go out of his/her residence,


apartment, or boarding house within the curfew hours on the following circumstances:

a) When the child or minor is accompanied by a parent or guardian for any lawful or
justified reason;

b) When the minor is asked to do an errand of emergency in nature;

c) Students on their way home from classes or authorized school activities; for this
purpose, students are required to bring with them their school identification cards and/or
other means of identification;

Page | 14 of Ordinance #: 15-1061


d) Those engaged in livelihood provided they have a certification from the City Social
Welfare and Development Office (CSWDO) upon recommendation of the barangay
chairman where he/she resides. No fee or charges of whatever nature shall be paid for
such certification;

e) During city or barangay anniversary celebrations, religious holidays and/or observance


thereof, or upon the request of the barangay chairman concerned, provided that the local
authorities shall secure the safety of its constituents. In no case however shall the curfew
be temporarily lifted without the approval of the City Mayor upon request of the
barangay chairman concerned, and that such suspension of curfew shall not be beyond
three (3) days unless otherwise warranted.

Section 30. Penalties. Those who are found guilty of violating this Article shall
be fined as follows:

a) First Offense reprimand, and the parent/guardian of such minor shall be informed of
the offense;

b) Second Offense fine of One Hundred Pesos (Php 100.00) or community work of two
(2) hours;

c) Third Offense fine of Two Hundred Pesos (Php 200.00) or community work of four
(4) hours;

d) For Habitual Offenders fine of Five Hundred Pesos (Php 500.00) or community
work of eight (8) hours. Provided however, that the community work imposed in this
Article shall be in one of the offices of the barangay or any other public place within the
barangay which may be designated by the barangay chairman; provided further, that the
offender, with the consent of his/her parent/guardian, is given the option to pay the fine
or perform community work, the option of which must be stated in writing and signed by
both offender and his/her parent or guardian. In the event the offender is a student, the
community work provided for shall be done in a day of his choice but within a period of
one (1) week from the date of the commission of the offense.

Section 31. Responsibility and Enforcement. The duty to enforce this Article
shall primarily devolve upon the parents, guardians, foster parents, landlords, or adult
persons who have custody of the minors. The City Mayor, members of the Philippine
National Police (PNP) assigned in the locality, the Barangay Officials and the Civilian
Volunteer Organizations (CVO) concerned are likewise designated to strictly enforce this
measure.

The apprehending person or authority shall bring the offender to the Barangay
Hall or Police Station/Substation, whichever is nearest; and shall at the earliest possible
time inform the Barangay Chairman or his deputy or person in-charge of the
apprehension, the name and address of the offender and the name of his parent or
guardian. The offender shall however, be allowed to leave the Barangay Office or Police

Page | 15 of Ordinance #: 15-1061


Station after four oclock in the morning to be accompanied by a barangay official or
police officer to his place of residence. The Barangay Chairman shall take the necessary
steps to verify if such offense actually occurred, and shall impose penalties provided for
within a reasonable time but not to exceed a period of one (1) week after the offense was
committed. No detention or deprivation or personal liberty shall be made or imposed
during or after the apprehension of the offense committed. It is being understood that the
fines imposed under Section 31 hereof shall not be considered detention, deprivation of
personal liberty, or constituting a criminal record.

Section 32. Disposition of Fines. All fines collected for the violation of this
Article shall be shared on a 50%-50% basis by the City Government and the Barangay
Government concerned and shall be transmitted within the reglamentary period to the
City Treasurers Office which shall be placed in a Trust Fund and shall be expended for
the purpose of implementing the programs for street children of both Local
Government Units which shall administer, manage, and disburse said fund for project
and/or activities pursuant to the purposes for which the fund was established.

Article E. The Kidapawan City Drug Free Workplace Program

Section 33. Declaration of Policy. Substance abuse whether illegal or legal


has long been proven to be a threat to both personal and public safety. It is therefore the
goal of the City Government of Kidapawan to quell the spread of this societal menace to
ensure the well-being of its residents, and, ultimately, push for a Drug-Free Kidapawan
City.

As such, it is the policy of the City Government of Kidapawan to ensure that all
its officials and employees must at all times exhibit the highest forms of moral
uprightness and integrity in performance of ones duties, including abstaining from all
forms of substance abuse. Therefore, it shall warrant the conduct of compulsory drug-
testing of all its employees at a regular basis. It shall also undertake referral for proper
treatment and rehabilitation of employees with a substance- or drug-dependency problem.

Section 34. Definition of Terms. As used in this Article, the following terms are
defined as follows:

a) Drug Dependence - As defined by R.A. No. 9165, particularly Section 3 thereof: it is


a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving, among
others, a strong desire or a sense of compulsion to take the substance and the difficulties
in controlling substance-taking behavior in terms of its onset, termination, or levels of
use.

b) Marijuana - As defined by R.A. No. 9165, particularly Section 3 thereof: Indian


Hemp, otherwise known as marijuana, embraces every kind, class, genus or specie of
the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish,
bhang, guaza, churrus and ganzab, and embraces every kind, class and character of

Page | 16 of Ordinance #: 15-1061


marijuana, whether dried or fresh and flowering, or fruiting tops or any part or portions of
the plant, seeds thereof and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever.

c) Shabu - Also known for its generic name methylamphetamine hydrochloride, is one
of the major stimulants taken by drug abusers. This means that shabu stimulates the
action of the central nervous system and produce psychological and physical dependence.

Section 35. Voluntary Drug Testing. Voluntary drug testing shall be undertaken
by incumbent contractual and regular employees, and persons already hired and working
under contract of service. Such drug testing shall be taken at the full expense of the City
Government as a way of ensuring that those in the government service are physically and
mentally fit, and safe from any drug dependence.

PROVIDED, however, that their refusal to submit to a drug test shall not be
taken against them nor shall it be considered as a ground for their dismissal or
termination. The funding source shall be provided by the City Government upon the
discretion of the City Mayor.

Section 36. Mandatory Drug Testing. Pursuant to Memorandum Circular No. 34,
Series of 1997 of the Civil Service Commission, in accordance with CSC Resolution No.
97-4683, which states that the Civil Service Commission promulgates and adopts a
policy on pre-employment mental, physical-medical examinations to ensure the highest
degree of productivity of its employees.

As such, all persons entering the government service shall be required to undergo
the following tests:

1. Blood Test,
2. Urinalysis
3. Chest X-ray
4. Drug Test
5. Neuro-psychiatric Exam (if necessary)

All heads of departments/agencies are enjoined to appropriate funds for the


above-mentioned examinations as part of the Governments Physical and Mental Fitness
Program.

In addition, hereto, mandatory drug testing shall also be administered for those
seeking renewal of their contracts of services, the required funding for which shall be
provided by the City Government and included in the annual budget of the City Health
Office.

Section 37. Types of Drug Tests to be Undertaken and the Administering


Agencies. Voluntary and mandatory drug testing as stated in this Article shall cover tests
on the use of marijuana and shabu. Drug testing for substances other than those

Page | 17 of Ordinance #: 15-1061


mentioned herein shall be taken at the expense of the employee or applicant, and/or upon
the request of the employing agency/department.

PROVIDED, that the employing agency/department has reasonable grounds for


requesting drug tests other than those for marijuana and shabu. The drug test that shall be
administered is the screening test, usually given by Dangerous Drugs Board (DDB)
accredited government agencies with Class D laboratories. Class D laboratories are those
that are capable of performing with competence, preliminary examinations or screening
tests of dangerous drugs in the body fluids, such as urine.

If and when the subject tested positive in the screening test, a confirmatory test
shall be recommended to fully check its validity. Confirmatory testing shall then be
referred to Class A or Class B laboratories duly accredited by the Dangerous Drugs
Board.

Section 38. Confidentiality of Drug Testing. All screening or confirmatory test


results are strictly confidential in nature. Their contents shall not be revealed to any
person other than the parents or guardian of the subject of the test or the subject himself.
An advisory note, however, shall be given by the testing agency center/laboratory to the
Human Resource Management Office (HRMO) or its equivalent from the employing
agency/department, stating only that the tested subject is either positive or negative.

Section 39. Treatment and Rehabilitation of Drug Dependent. If in the course of


the drug testing, an applicant or employee or person under contract of service is proven
positive through confirmatory test and a drug dependent, the said subject shall hereby be
recommended for proper treatment and rehabilitation, and shall be subjected to the
provisions stated in Section 54 of Republic Act 9165, as amended, otherwise known as
The Comprehensive Dangerous Drug Law of 2002.

Section 40. The Role of Human Resource Management Office (HRMO). The
Human Resource Management Office (HRMO) or its equivalent from the employing
agency/department, shall be the primary body that will monitor the proper procedural
flow in taking voluntary or mandatory drug testing among officials and employees of the
city government. Its head shall oversee the proper implementation of the drug testing
procedure.

Section 41. Procedures in Voluntary Drug Testing. The following procedures


shall be undertaken by those who may want to avail of voluntary drug testing:

a. The interested employee or person under contract of service shall


approach the Head of the Human Resource Management Office (HRMO)
or the head of its equivalent from the employing agency/department, or
his/her designated officer for a request for voluntary drug testing. The
former shall confer with the latter for the appropriate date, time and venue
of the drug testing. A request form shall be duly accomplished by the
interested employee or person under contract of service for this purpose;

Page | 18 of Ordinance #: 15-1061


b. On the designated date, time and venue, the interested employee or
person under contract of service shall give the request form to the assigned
personnel of the testing center/laboratory duly accredited by the
Dangerous Drugs Board (DDB). The subject shall then be administered
the screening test using urine as a sample;

c. The testing center/laboratory through the assigned personnel shall


provide the subject with his/her screening test results. An advisory note
stating only whether the subject is either positive or negative shall be
submitted, by the testing center/laboratory to the Head of the HRMO or
the head of its equivalent office from the employing agency/department;

d. If tested positive, the subject is advised to take confirmatory test. If


willing to undergo the said test, the subject will confer with the Head of
the Human Resource Management Office (HRMO) or the head of its
equivalent from the employing agency/department, or his/her designated
officer the appropriate date, time and venue of confirmatory testing. An
advisory note shall again be given to the Head of the HRMO or the head
of its equivalent from the employing agency/department. The subject shall
be provided and properly advised on the result of his/her confirmatory test.

Section 42. Procedures in Mandatory Drug Testing. The following procedures


shall be undertaken by those who will avail of mandatory drug testing as a pre-
employment requirement;

a. Prior to the first day of official hiring, all newly-accepted persons under
contracts of services shall be given respective notices by the Head of the
Human Resource Management Office (HRMO) or the head of its
equivalent from the employing agency/department, or his/her designated
officer, requesting them to undergo drug testing. They shall be informed to
report to the HRMO or its equivalent from the employing
agency/department to get their respective request forms stating the
scheduled date, time and venue of the drug testing;

b. On the designated date, time and venue, the subject shall give the
request form to the assigned personnel of the testing center/laboratory duly
accredited by the Dangerous Drugs Board (DDB). The subject shall then
be administered the screening test using urine as a sample;

c. The testing center/laboratory, through the assigned personnel, shall


provide the subject with his/her screening test results. An advisory note
addressed to the HRMO or its equivalent from the employing
agency/department shall be given to the subject with instruction to submit
the same to the said office for full compliance of the pre-employment
requirement;

Page | 19 of Ordinance #: 15-1061


d. If tested positive, the subject is advised to take confirmatory test. If
willing to undergo the said test, the subject shall confer with the Head of
the Human Resource Management Office (HRMO) or the head of its
equivalent from the employing agency/department, or is/her designated
officer the appropriate date, time and venue of confirmatory testing. An
advisory note shall again be addressed to the HRMO or its equivalent from
the employing agency/department, and be given to the subject with
instruction to submit the same to the said office. The subject shall be
provided and properly advised on the result of his/her confirmatory test.

Section 43. Violation of Confidential Nature of Drug Test Results. In case the
drug test results are revealed other than those provided in the provision of this Article and
those stated in Republic Act No. 9165, otherwise known as the The Comprehensive
Dangerous Drug Law of 2002, the offender shall be penalized with a fine not exceeding
Five Thousand Pesos (P5,000.00) or an imprisonment for a period not exceeding one (1)
year or both at the discretion of the Court;

Section 44. Failure or Refusal to Submit to Drug Testing and the Drug Test
Results; Its Effect: The failure and/or refusal of newly-accepted personnel, newly-
accepted persons under contracts of services, and those seeking renewal of their
contractual appointments or contracts of services, to submit the result of drug tests within
two (2) days from the date of the latest drug test, or their refusal to submit their bodies for
drug testing as a pre-employment requirement, shall be sufficient ground for the
disapproval of their final appointments or contracts of services.

Article F. Anti-Smoking

Section 45. Regulated Acts. It shall be unlawful for any person to smoke or allow
smoking in a public utility vehicle, government-owned vehicle or any other means of
public transport for passengers, accommodation and entertainment establishments, public
buildings, public places as defined in Section 46 (e) of this Article, enclosed public place,
or in any enclosed area outside of ones private residence, private place of work, cars
owned by the government or duly designated smoking areas, within the territorial
jurisdiction of Kidapawan City;

Section 46. Definition of Terms.

a. Smoking refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or
any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the
like within the prohibited areas for smoking shall constitute a prima facie evidence as an
act of smoking prohibited under this article;

b. Public Utility Vehicle and/or Conveyance refers to Public Utility Jeepneys (PUJs),
Public Utility Buses (PUBs), taxis, tricycles and other public utility vehicles used in the
transport of passengers;

Page | 20 of Ordinance #: 15-1061


c. Accommodation and Entertainment Establishments refer to restaurants, fastfoods,
eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto
bars, and movie houses, or any other place with pleasant environment and atmosphere
conducive to comfort, healthful relaxation and rest, offering food, sleeping
accommodation and recreational facilities to the public for a fee;

d. Public Building refers to any of the following:

(1.) A building structure owned by the government or owned by a private


person but used, rented or occupied by the government or any of its
instrumentalities;
(2.) Any building or structure used or controlled exclusively for public
purposes by any department or branch of government, local government
unit or barangay without reference to the ownership of the building;

e. Public Place refers to gasoline stations, banks, malls, town squares, terminals,
shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums,
funeral parlors, barber shops, and other similar places where people usually congregate
either to while away their time or to listen or attend concerts, rallies, programs such as,
but not limited to, the City Plaza, the Kidapawan City Pilot Elementary School Oval, and
the like;

f. Designated Smoking Room refers to a delineated room inside the accommodation


establishment, or public place or enclosed public place, which is totally enclosed where a
person is allowed to smoke without violating this Ordinance.
Any duly designated room/area in accommodation and entertainment
establishments, whether tourism-accredited or not, within the territorial jurisdiction of
Kidapawan City as hereinabove defined, provided, the following conditions are met:

(1) If the accommodation and entertainment establishment is air-


conditioned, it must establish and designate a smoking room which shall
not be more than one-fourth () of the total accommodation area of the
establishment that is air conditioned and equipped with an exhaust fan and
totally enclosed on all sides and separated from the rest of the premises
where smoking is prohibited; and
(2) If the accommodation and entertainment establishment is not
airconditioned, it must establish and designate a smoking area which shall
not be more than one-fourth () of the total accommodation area of the
establishment that is fully ventilated and separated from the rest of the
premises where smoking is prohibited.

g. Enclosed Area refers to an area which is closed, whether totally or partially, at the
sides and is roofed or make use of the floor above it as a ceiling, or even if open on all
sides but is covered by a roof, permanent or temporary in nature;

Page | 21 of Ordinance #: 15-1061


h. Enclosed Public Place refers to a room, building, structure or edifice that is
constructed with a shelter or covered by a roof with panels or concrete wall, which
structure is open to the public.

Section 47. Prohibited Acts. The following acts shall be prohibited:

a. Smoking in any of the places enumerated in this Article except in duly


designated smoking areas;

b. Knowingly allowing, abetting, or tolerating smoking in accommodation


establishments, whether tourism-accredited or not, except when smoking is
done inside or within the duly designated smoking areas referred to in this
Article;

c. Smoking while inside a government-owned or public utility vehicle whether


moving or stationery or while solicitation of passengers is going on or while
the vehicle is waiting for passengers;

Section 48. Rules and Regulations:

1. The following persons/individuals are deemed liable under this Article:

a. Any person smoking within the prohibited rooms, areas/establishments


mentioned in Section 46 hereof;

b. Any passenger, driver, conductor, or inspector of government-owned


vehicles or public utility vehicles (PUVs) smoking as stated in Section 47
( c ) hereof;

c. The President or Manager in case of a company, corporation, or


association or the owner/proprietor or operator in case of single
proprietorship, of accommodation and entertainment establishments,
whether tourism accredited or not, who knowingly allows, abets or
tolerates and/or fails to warn, advise or report violators of this Article to
any policeman or nearest police station within three (3) hours from the
violation thereof;

2. The City Health Office and City Engineers Office are tasked to inspect and certify the
appropriateness of the designated smoking areas provided by accommodation
establishments, whether tourism-accredited or not, taking into consideration the purpose
of the law which is to protect non-smokers from the pernicious effects of tobacco smoke;

A period of sixty (60) days shall be given to the management of the accommodation and
entertainment establishment to comply with the requirements of this article. Non-
compliance with the requirements set forth in this Article shall be a ground for
cancellation of the business permit by the Licensing and Business Permit office.

Page | 22 of Ordinance #: 15-1061


3. The City Engineers Office is hereby tasked to put up billboards in a conspicuous place
in the City to notify the public of the restrictions, sanctions and penalties provided in this
Article.

4. The Philippine National Police (PNP) is tasked with the proper and vigorous
implementation of this Article.

Section 49. Penalties. Violators of the provisions of this Article shall be subject
to a fine of not less than Php 500.00 nor more than Php 2,000.00 or imprisonment of not
less than one (1) month nor more than six (6) months or both, at the discretion of the
Court, except for Paragraphs 2 & 3 hereunder.

(1.) In cases of establishments which do not opt to declare their establishment as


totally free from smoking but fails to provide the appropriate designated smoking
area as certified by the City Health Office and City Engineers Office within the
60-day period specified in the provision of this Article, their business permit may
be revoked;

(2.) In cases where there is failure to warn or advise would-be violators of this
Article, or failure to report violators as required in Section 48, paragraph 1 (c)
hereof or smoking is allowed, abetted or tolerated in establishments in violation of
this Article, a penalty shall be imposed upon the President or Manager in cases of
corporations, partnerships or associations, or the owner, proprietor or operator in
cases of single proprietorship, whether tourism- accredited or not as follows:

a. First Offense Php 300.00 or one (1) month imprisonment or both at the
discretion of the court

b. Second Offense Php 500.00 or two (2) months imprisonment or both at


the discretion of the court

c. Third and subsequent offenses Php 1,000.00 or four (4) months


imprisonment or both at the discretion of the court

(3.) Three (3) violations of this Article shall be a ground for cancellation of the
establishments business permit.

(4.) For drivers/passengers of Public Utility Vehicles (PUVs)

a. First Offense Php 100.00 or one (1) month imprisonment or both at the
discretion of the court

b. Second Offense Php 300.00 or two (2) months imprisonment or both at


the discretion of the court

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c. Third Offense Php 500.00 or three (3) months imprisonment or both at
the discretion of the court

TITLE II. PUBLIC SAFETY

Article G. Possession and Sale of Firecrackers

Section 50. Prohibited Acts.

a. It shall be unlawful for any person, partnership, corporation, or any


other entity to manufacture, sell or offer for sale, distribute, and/or possess
in commercial quantities any firecracker or pyrotechnic device or such
other similar devices within the territory of Kidapawan City without first
obtaining a permit to engage in such activities from the Office of the City
Mayor, in addition to other requirements imposed under Republic Act
7183;

b. It shall be unlawful for any person, partnership, corporation, or any


other entity to manufacture, sell or offer for sale, distribute, and/or possess
in commercial quantities, or use any firecracker or pyrotechnic device or
such other similar devices in any place not designated by the City
Government as a Firecrackers and Pyrotechnics zone. Provided, that the
designated area must not be adjacent to residential, medical, educational,
and religious structures where potential damage or injury to life, limb or
property might be magnified;

c. It shall likewise be unlawful for any person to discharge or explode, or


cause to discharge or to explode, any firecrackers, or any other explosive
or to use any pyrotechnic device or any such other similar device, if such
use causes physical injury to oneself and/or to another person or to groups
of people.

Section 51. Penalties. Violation of the provisions of this Article shall be


penalized as follows:

a. For the first offense, a fine of One Thousand Pesos (Php 1,000.00) and
imprisonment of not less than One (1) month but not more than Three (3)
months shall be imposed;

b. For the second offense and subsequent offenses, a fine of Three


Thousand Pesos (Php 3,000.00) and imprisonment of not less than Three
(3) Months but not more than Six (6) months shall be imposed.

In all cases, if the violation is committed by a partnership, corporation, or


any other juridical entity, the President, General Manager or any

Page | 24 of Ordinance #: 15-1061


responsible officer or employee thereof shall be held liable. In addition to
the foregoing penalties, the business permit of such establishment shall be
revoked and the unauthorized firecrackers and/or pyrotechnics shall be
confiscated;

c. The violator shall have the option of paying a no-contest penalty fine of
Php 5,000.00 to avert the filing of any criminal charge against him/her,
which shall be duly receipted by the City Treasurers Office.

Article H. Regulation on the Use of Bamboo Sticks


or Skewers

Section 52. Regulated Act. Any business establishment such as, but not limited
to, restaurants, carinderias, sidewalk stalls or establishments preparing food for public
consumption and display, which serve barbecued meat such as pork, beef, chicken, fish
or food requiring the use of barbecue sticks or skewers are hereby required to cut the
sharp end or remove the barbecue sticks or skewers completely before serving to the
customer;

Section 53. Prohibited Act. Any used barbecue stick or skewer shall not be re-
used for skewer food;

Section 54. Penalties. Violation of the provisions of this Article shall be


penalized as follows:

a. First Offense - A fine of Php100.00;

b. Second Offense - A fine of Php150.00;

c. Third Offense - A fine of Php200.00 or an imprisonment of one (1)


month or both upon discretion of the court and closure of the business
establishment with cancellation of the business permit.

Article I. Storing of Flammable, Explosive or Highly


Combustible Materials

Section 55. Regulated Act. No person shall keep or store in his place of business
or elsewhere in this city any flammable or highly combustible material without first
securing a permit thereof from the Mayor through the Chief of the Fire Department and
paying the corresponding permit fee imposed under existing tax ordinances.

Section 56. Administrative Provisions

1) The chief of the Fire Department or any official designated as such or his duly
authorized representative shall have supervision over the location and manner of storing

Page | 25 of Ordinance #: 15-1061


flammable or highly combustible materials in accordance with promulgated rules and
regulations on fire prevention and, if manner of storing such materials constitute a fire
hazard, he shall issue an order to the processor thereof directing that the same shall be
stored somewhere or removed within twenty-four (24) hours.

2) No permit shall be issued for the storage of gunpowder, dynamite, explosive, blasting
supplies or ingredients thereof, unless there is a prior clearance or authorization issued by
the Chief of Fire Department or his duly authorized representative.

Section 57. Applicability Clause. All other matters relating to Fire inspection and
issuance of permit thereof shall be governed by the pertinent provisions of RA 9514 (Fire
Code of the Philippines) and other existing laws, rules and regulations.

Section 58. Prohibited Acts. The following are prohibited under this Article:

a. No person or establishment shall be allowed to store any flammable, highly


combustible or volatile materials, particularly gasoline or kerosene in large
volumes, or liquefied petroleum gas (LPG) tanks in large quantities.

b. Empty containers shall not be used as containers for refills for such
flammable, highly combustible or volatile materials intended for storage,
resale or distribution.

c. Only authorized and duly-accredited trucking services hired by suppliers of


flammable, highly combustible or volatile materials are allowed to transport
such materials within the City, or to passing through the city streets going to
other places.

Section 59. Penalty. Violators of the provisions of this Article shall be punished
by a fine of not more than Two Thousand Five Hundred Pesos (Php 2,500.00) or
imprisonment of not more than six (6) months, or both fine and imprisonment at the
discretion of the court.

TITLE III. PUBLIC SECURITY

Article J. Prohibiting the use of Cellular Phones,


Hand-held Radios, Personal Digital Assistant (PDA)
and Other Similar Electronic Devices While Driving

Section 60. Declaration of Policy. Section 5 of Article II of the 1987 Constitution


provides that the maintenance of peace and order, the protection of liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the people
of the blessings of democracy;

Page | 26 of Ordinance #: 15-1061


Section 61. Scope and Applicability. The provisions of this Article shall be
applicable to all drivers of any motorized vehicle in all streets, roads and boulevards
within the entire territory and jurisdiction of the City of Kidapawan;

Section 62. Prohibited Act. All persons behind the steering wheel and having
control of the motorized vehicle, public or private, are prohibited from using cellular
phones, hand-held radios, Personal Digital Assistant (PDA) and other similar electronic
devices while driving;

Section 63. Exemption. Drivers involved in emergency communication and


response such as ambulance, fire trucks, search and rescue vehicles, police patrol cars,
military vehicles and the like are hereby exempted when using hand-held radios while
driving in the performance of their official duties;

Section 64. Penalty. Any person who shall violate the provisions of this Article
shall be subjected to a fine of One Thousand Pesos (Php 1,000.00), PROVIDED,
however, that if a violation causes a traffic accident, the driver shall be subjected to an
additional fine not exceeding Five Thousand Pesos (Php 5,000.00);

PROVIDED, further, that the violator shall be subjected to the confiscation of


his/her drivers license by the Traffic Management Unit, other duly authorized traffic
personnel, or any law enforcer. The confiscated license shall then be turned over to the
Land Transportation Office (LTO) for retrieval by the person upon payment at the City
Treasurers Office of the fine as above-provided.

All penalties are without prejudice to the application of the provisions of other
existing applicable ordinances and laws.

Article K. Wearing of Crash Helmets

Section 65. Regulated Acts. All drivers and riders of single motorcycles plying
along the city streets and national highways within the territorial jurisdiction of
Kidapawan City are required to wear crash helmets while operating or driving said
motorcycles.

PROVIDED, however, that when plying through identified checkpoints and


chokepoints, motorcycle drivers and rider shall slow down to a halt and take off their
helmets;

FURTHERMORE, non-wearing of helmets by all motorists coming in the city is


allowed within a designated area in the Poblacion in order for the driver and the rider to
be captured and viewed on CCTV as a precautionary measure against crimes and
violation of speed limit perpetuated by so-called riding in tandem criminals;

PROVIDED FURTHER, that non-wearing of helmets may be allowed within a


designated area in the Poblacion in the interest of Peace and Order and Security as maybe

Page | 27 of Ordinance #: 15-1061


ordered by the City Executive upon recommendation of the City Peace and Order
Council.

PROVIDED FINALLY, that only one (1) person is allowed as back rider and
shall likewise wear a crash helmet or other protective head gear when riding the
motorcycle.

Section 66. Prohibited Acts.

1. Non-wearing by drivers of crash helmets or other protective head gears


while driving single motorcycles outside the central business district and
beyond checkpoints and chokepoints within city limits;

2. Drivers allowing more than one (1) person apart from the driver to ride
on single motorcycles;

3. Drivers allowing a backrider or rider to ride on single motorcycles


without wearing crash helmet;

4. Allowing minors below eight (8) years old to ride on single motorcycles

Section 67. Penalties. Violation of the provisions of this Article shall be


administratively penalized as follows:

a. First Offense - Fine of One Thousand Pesos (Php1,000.00)

b. Second Offense - Fine of Two Thousand Pesos (Php2,000.00)

c. Third Offense - Fine of Three Thousand Pesos (Php3,000.00)

In addition, in all instances, the motorcycle of the erring driver shall be


impounded and shall not be released until the fines are fully paid. The City Treasurer or
his agents shall collect the administrative fines herein provided and issue official receipts
therefore.

Article L. Setting Speed Limits for All Kinds of


Motor Vehicles Within the Territorial
Jurisdiction of Kidapawan City

Section 68. Declaration of Policy. It is the policy of the City Government to


ensure public safety by instituting measures to protect the citizens of Kidapawan from
reckless drivers and traffic violators who pose a threat to pedestrians and other
commuters within the citys territorial jurisdiction.

As such, it adheres to the precept of speed restriction as embodied in Sec. 35 of


Republic Act 4136, or the Land Transportation and Traffic Code, that states: (a) Any

Page | 28 of Ordinance #: 15-1061


person driving a motor vehicle on a highway shall drive the same at a careful and prudent
speed, not greater than is reasonable and proper, having due regard for the traffic, the
width of the highway, and of any other condition then and there existing; and no person
shall drive any motor vehicle upon a highway at such speed as to endanger the life, limb
and property of any person, not at a speed greater that will permit him to bring the vehicle
to a stop within the assured clear distance ahead

Section 69. Regulated Acts. The rate of speed of any motor vehicle shall not
exceed the following:

1. From Landmak to Crossing:


Balindog
Pinantao
Estaol
Magsaysay
- Speed limit 30 KPH
2. From crossing Pinantao to Boundary Sibawan 60KPH
3. From crossing Estaol to Ilomavis 60 KPH
4. From crossing Magsaysay to Junctionn 60 KPH
5. From Crossing Balindog to Kilameter 114 60 KPH
6. From 114 to Patadon 80 KPH

Section 70. Exemption. Drivers involved in emergency and response such as


ambulance, fire trucks, search and rescue vehicles, police patrol cars in pursuit of
criminal elements or traffic violators, military vehicles and the like are hereby exempted
from the speed limits prescribed herein while driving in the performance of their official
duties provided that utmost care must be observed;

Section 71. Penalty. Any person who shall violate the provisions of this Article
shall be subjected to a fine of One Thousand Pesos (Php 1,000.00), PROVIDED,
however, that if a violation causes a traffic accident, the driver shall be subjected to an
additional fine not exceeding Five Thousand Pesos (Php 5,000.00);

PROVIDED, further, that the violator shall be subjected to the confiscation of


his/her drivers license by the Traffic Management Unit, other duly authorized traffic
personnel, or any law enforcer. The confiscated license shall then be turned over to the
Land Transportation Office (LTO) for retrieval by the person upon payment at the City
Treasurers Office of the fine as above-provided.

All penalties are without prejudice to the application of the provisions of other
existing applicable ordinances and laws.

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Article M. Mandating All Business Establishments
to Install High End and High Definition CCTV
Cameras within its Premises

Section 72. Declaration of Policy. Section 6, Article II of the 1987 Constitution


provides for the maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare. Peace and order conditions in almost
all parts of the country has been at stake as incidence of robberies and hold-ups in
business establishments and the threat of bombing incidents in identified places in
Mindanao have been causing alarm among Kidapawenos. The safety and security of
business establishments and its clientele are of utmost concern as targets of criminal
activities. Thus, the City Government mandates the installation of closed circuit
television cameras in all business establishments in Kidapawan City as a safety measure
and deterrent against criminal elements.

Section 73. Definition of Terms

a. Closed Circuit Television (CCTV) Camera refers to an electronic device that


records the activities and persons coming in and out of establishments and its
premises where it is installed
b. Large-Scale Enterprises refer to business establishments with a declared
capitalization of One Hundred Million Pesos and above
c. Medium-Scale Enterprises refer to business establishments with a declared
capitalization of Fifteen Million Pesos to One Hundred Million Pesos
d. Small-Scale Enterprises - to business establishments with a declared capitalization
of One Hundred Thousand Pesos and above but not more than Fifteen Million
Pesos
e. Micro-Scale Enterprises refer to business establishments with a declared
capitalization of less than One Hundred Thousand Pesos

Section 74. General Provisions

1. All Large-, Medium-, and Small-Scale Enterprises shall install, operate and
maintain high end and high definition Closed Circuit Television (CCTV)
cameras in all entrance and exit points of their establishments. Micro-Scale
Enterprises whose locations are contiguous and/or adjacent to one another
may opt to agree among themselves to install CCTV cameras in strategic
points within their vicinities;

2. The installed CCTV cameras shall be positioned or angled at eye level of an


average-height person to ensure facial and physical recognition of every
person entering or leaving the premises of establishments;

3. All Large-, Medium-, Small-, and Micro-Scale Enterprises shall hire trained
security personnel who shall subject every individual to a body
search/inspection, including ones purse, bag, pouches and backpack upon

Page | 30 of Ordinance #: 15-1061


entering the establishments premises, and that such procedure must be
captured and recorded on CCTV cameras;

4. Trained security personnel shall likewise require individuals wearing


headgears, dark shades and tinted eyewear to remove it upon entering the
premises.

Section 75. Penal Provisions. Non-compliance by establishment


owners/proprietors shall be penalized accordingly, to wit:

a. First Offense Php 2,000.00

b. Second Offense Php 3,000.00 and suspension of business operation for one
month

c. Third Offense Php 5,000.00 and revocation of Business Permit and closure
of the business establishment

Article N. Prohibiting the Sneaking-in/Smuggling


of any forms of Contraband in Detention Cells,
Jails and Reformatory Centers in Kidapawan City

Section 76. Declaration of Policy. It is hereby declared the policy of the City
Government of Kidapawan to:
a) Eliminate contrabands in detention cells, jails and reformatory centers
in Kidapawan City by prohibiting its possession and entry;
b) Strengthen the implementation of security measures in jail facilities in
order to prevent occurrence of illegal drug trade, escape of inmates, and
self-destruction and to others;
c) Protect public health and well-being of the inmates by penalizing any
person who shall sneak-in/smuggle any form of contraband inside
detention cells, jails and reformatory centers situated in Kidapawan
City.

Pursuant to Section 16, Chapter 2 of the Local Government Code, the


Local Government Units has the power to enact ordinances necessary for the promotion
of the general welfare, and ensure maintenance of peace and order, and preservation of
comfort and convenience of their inhabitants.

Section 77. Definition of Terms. For purposes of this Article, the following
terms shall mean as defined:

(1) Detention Cells, Jails and Reformatory Centers refers to facilities that
house persons in conflict with laws or have committed infractions
thereof. It is also a place where persons are being temporarily held for
purposes of safekeeping and rehabilitation pending resolution of their

Page | 31 of Ordinance #: 15-1061


cases before the courts of law and while they are being prepared for
the reintegration to the society.
(2) Contraband refers to:
a) Prohibited drugs as enumerated in R.A. 9165, otherwise
known as the Comprehensive Drugs Act of 2002;
b) Deadly Weapons included under P.D. 1866 as amended such
as bladed weapons, firearms, ammunition or explosives;
c) Nuisance Contrabands any item or thing, other than
prohibited drugs and deadly weapons, not illegal per se but
merely regulated which are considered means of vices and
depravities, and presents threat to security such as
cellular/mobile phones; video camera/still camera/laptop,
desktop; pointed or sharpened objects; clothes in
excess of what is allowed; computer, two-way radio and other
electronic device; aircon, air cooler, refrigerator; DVD and
portable DVD players; cigars, cigarettes, matches, lighters;
pieces of jewellery; liquors and other intoxicating substance;
pornographic materials; gambling paraphernalia, and sleeping
paraphernalia, and other products prohibited by detention
cells, jails and reformatory centers officials.
(3) Paraphernalia refers to any instrument or contraption, used for the
dispensation or intake of harmful substance especially illegal drugs,
or any equipment necessary for a particular operation like
gambling.
(4) Personnel refers to officers, warden, wardress, staff or other person
employed in detention cells, jails and reformatory centers.
(5) Local Authorities refers to the Bureau of Jail Management and
Penology (BJMP), Philippine National Police (PNP) and
Department of Social Welfare and Development (DSWD).
Section 78. Prohibited Acts. The following are considered prohibited acts.
(1) Possession of Prohibited Drugs. No person shall process or use any
of the prohibited drugs, upon entering and/or while inside the
detention cells, jails and reformatory centers.
(2) Possession of Deadly Weapon. No person shall possess deadly
weapon upon entering and/or while inside the detention cells, jails
and reformatory centers.
(3) Possession of Nuisance Contrabands. No person shall possess
nuisance contrabands as defined under Section 3.2.c of this ordinance

Page | 32 of Ordinance #: 15-1061


upon entering and/or while inside the detention cells, jails and
reformatory centers.
Section 79. Penal Provision.
(1) Violation of Section 78.1 of this ordinance shall be proceeded against,
in accordance with the provision of R.A. 9165, otherwise known as
the Comprehensive Drugs Act of 2002.
(2) Violation of Section 78.2 of this ordinance shall be proceeded against,
in accordance with the provision of P.D. 1866, as amended by R.A.
8294, in case, if the confiscated contraband is a bladed weapon.
Deadly weapon confiscated shall be disposed of, in accordance with
pertinent laws.
(3) Violation of Section 78.3 of this ordinance shall be penalized
accordingly, via:
First Offense - P1,000.00 and forfeiture of the confiscated
contraband

Second Offense - P3,000.00 and forfeiture of the confiscated


contraband

Third Offense - P5,000.00 and forfeiture of the confiscated


contraband

The above sated amounts shall be paid at the City Treasurers


Office. If the convicted offender refuses or is unable to pay fine, he shall
be subjected to subsidiary imprisonment per Article 39 of the Revised
Penal Code as amended by R.A. 10159. In the case of an inmate, he shall
be required to render extra fatigue service within the facility where he is
confined.

(4) Any personnel or detention cells, jails and reformatory centers who
shall provide the visitor or inmates any of the afore-cited contrabands
shall be held in accordance with the provisions of this ordinance and
shall also be charged administratively and criminally if evidence so
warrants.

(5) Not illegal per se or which are objects of lawful commerce, shall be
sold by auction by the LGU, after thirty (30) days or after the
appropriate case is disposed of, by competent court, proceeds of which
shall be remitted to the City Treasurer.

Section 80. Implementing Rules and Regulations. The City Mayor shall
create a Technical Working Group (TWG) that shall formulate the implementing Rules

Page | 33 of Ordinance #: 15-1061


and Regulations necessary to carry out the provisions this ordinance. The Technical
Working Group shall compose of the following:

Chairman - City Mayor


Vice Chairman - Peace and Order and Public Safety Committee of
the Sanggunian
Members - Jail Warden
- City PNP Chief of Police,
- City Social Welfare and Development Officer
, -other members whom the City Mayor shall
involve in the formulation of the implementing
Rules and Regulations of this ordinance
- Secretariat

Article O. Prohibiting Entertainment and other


Business Establishments from Allowing Entry of
Persons with Firearms, Ammunitions and Explosives
and for other Related Acts

Section 81. Declaration of Policy. It is the policy of the City Government to


promote the safety of its establishments by ensuring that such are protected from the
injurious and fatal effects of acts of persons unnecessarily using firearms, whether
licensed, permitted or not, in entertainment and other business establishments. It is the
objective of this Article to ensure that personal safety and security of patrons of these
establishments from possible harm brought by acts of persons unnecessarily possessing
and/or using such firearms.

Section 82. Definition of Terms. For purposes of this Article, the following terms
are defined as follows:

(a) Entertainment Establishment refers to any place that offers entertainment to


the general public that allows ingress and egress of persons to the establishment
itself whether for a fee or for free which includes, but not limited to, movie
houses, theaters, videoke or sing along bars, disco clubs whether enclosed or not;

(b) Other Business Establishment refers to any place that deals business with the
general public that allows ingress and egress of persons to the establishment itself
that includes, but not limited to, hotels, motels, lodging houses, restaurants,
eateries, coffee shops, shopping arcades and internet cafes whether enclosed or
not;

(c) Firearms, Ammunitions and Explosives refer to the firearms, ammunitions


and explosives contemplated under Republic Act No. 8294, an Act Amending the
provisions of Presidential Decree No. 1866 (as amended).

Page | 34 of Ordinance #: 15-1061


Section 83. Prohibited Acts. The following are considered prohibited acts.

(a) Entertainment and Other Business Establishments are prohibited from


allowing any person in possession of any firearm, ammunition or explosive from entering
its business or store premises during business or store hours.

Provided, that if the said person is a member of the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP) or any duly constituted law
enforcement agency, he can be allowed entry into the establishment after proper showing
by legal documentation that he is legally permitted to carry such firearm, ammunition, or
explosive by reason of an official mission inside the said premises or in hot pursuit
therein relative to law enforcement inside the said premises.

Provided, finally, that any firearm, ammunition and explosive duly turned over to
the security personnel or security guard of the entertainment and other business
establishment and thereafter deposited and registered in the proper safekeeping area or
place within the said entertainment and other business establishment shall not be
considered to have been brought inside said premises for purposes of this Article;

(b) Any person in possession of any firearm, ammunition, or explosive is


prohibited from entering any entertainment and other business establishment unless he is
a member of the Armed Forces of the Philippines (AFP), the Philippine National Police
(PNP) or any duly constituted law enforcement agency who by proper legal
documentation is legally permitted to carry such firearm, ammunition, or explosive by
reason of an official mission inside the said premises or in hot pursuit therein relative to
law enforcement inside the said premises.

Section 84. Persons Liable. The following are liable under this Article:

(a) The owner or operator of the entertainment and other business establishment
who allows any person in possession of any firearm, ammunition or explosive to enter its
entertainment and other business establishment. Provided, that if at the time any person in
possession of any firearm, ammunition or explosive is allowed entry into the
entertainment and other business establishment the said owner or operator is not present
or that the said owner or operator is a juridical person, the President, General Manager,
Manager, Head, Supervisor, or any responsible person who has actual management or
supervision of the said entertainment and other business establishment at that time shall
be liable. Provided, finally, that any firearm, ammunition and explosives duly turned over
to the said security personnel or security guard and thereafter deposited and registered in
the proper safekeeping area or place within the said entertainment and other business
establishment shall not be considered to have been brought inside the said premises for
purposes of this Article;

(b) Any security personnel or security guard assigned in the said entertainment
and other business establishment who actually allows such person to enter the
entertainment and other business establishment shall also be liable. Provided, that any

Page | 35 of Ordinance #: 15-1061


firearm, ammunition and explosive duly turned over to the said security personnel or
security guard and thereafter deposited and registered in the proper safekeeping area or
place within the said entertainment and other business establishment shall not be
considered to have been brought inside said premises for purposes of this Article;

(c) Any person in possession of any firearm, ammunition or explosive who enters
any entertainment and other business establishment other than the members of the Armed
Forces of the Philippines, the Philippine National Police or any duly constituted law
enforcement agency who by proper legal documentation is legally permitted to carry such
firearm, ammunition or explosive by reason of an official mission inside the said
premises or in hot pursuit therein relative to law enforcement inside the said premises.

Provided, that any firearm, ammunition, and explosive duly turned over to the
security personnel or security guard of the entertainment and other business
establishment and thereafter deposited and registered in the proper safekeeping area or
place within the said entertainment and other business establishment shall not be
considered to have been brought inside the said premises for purposes of this Article.

Section 85. Penalties. The persons liable under this Article shall be penalized as
follows:

a. Those covered under Section 80, Paragraph (a) above and found guilty thereof
shall be penalized with a fine of not more than Five Thousand Pesos (Php 5,000.00) or
imprisonment of not more than one (1) year, or both, at the discretion of the court;

b. Those covered under Section 81, Paragraph (b) above and found guilty thereof
shall be penalized with a fine of not more than Three Thousand (Php 3,000.00) Pesos or
imprisonment of not more than six (6) months, or both, at the discretion of the court;

c. Those covered under Section 81, Paragraph (c) above and found guilty thereof
shall be penalized with a fine of not more than Five Thousand (Php 5,000.00 Pesos or
imprisonment of not more than one (1) year, or both, at the discretion of the court;
Provided, that if the offender is a member of the Armed Forces of the Philippines (AFP),
the Philippine National Police (PNP) and other duly constituted law enforcement
agencies and not exempt from liability as provided in this Article, the penalties in its
maximum shall be imposed; Provided, finally, that in case the possession of the offender
of the firearm, ammunition or explosive is not duly permitted pursuant to applicable laws,
he shall likewise be charged for such illegal possession in the proper courts accordingly
under existing laws.

Section 86. Administrative Sanctions. Entertainment and other business


establishment covered by this Article shall provide within its premises an adequate
safekeeping area where all firearms, ammunitions, and explosives of persons entering its
premises shall be deposited after registration and identification. The said firearms,
ammunitions and explosives so deposited shall be kept under lock and key and fully
secured. This requirement shall be provided by entertainment and other business

Page | 36 of Ordinance #: 15-1061


establishments covered by this Article within thirty (30) days from the effectivity of this
Code;

In addition to the penal liabilities provided under Section 82, any violation by the
owner, operator, manager, supervisor or other persons connected with the entertainment
and other business establishments covered by this Code or any of the provisions of this
Code shall subject the entertainment and other business establishments to administrative
liabilities as follows:

a. First Offense - not more than Php1,000.00

b. Second Offense - not more than Php3,000.00

c. Third and subsequent offenses - cancellation and/or revocation of


Infraction the business permit

TITLE IV. PUBLIC ORDER


Article P. Holding of Rallies, Demonstrations
and Other Assemblies

Section 87. Regulated Acts. No person shall hold or conduct stage rally,
demonstration, or other assemblies for whatever legal purposes without first obtaining a
permit from the City Mayor and paying the corresponding fee imposed under existing
tax ordinances.
Section 88. Administrative Provisions
1) Any person or group of persons desiring to hold a rally, demonstration of other similar
assemblies shall first obtain a permit from the Mayor before undertaking the activity. For
the purpose, a written application in a prescribed form shall be submitted to the office of
the City Mayor. The application shall set forth the name and address of the applicant,
organizer or sponsor of the activity, description of the activity, the place where the same
will be conducted and such other pertinent information or data as may be required.
2) Action by the Mayor on the application shall be considered as a ministerial duty and
he can only deny the granting of the permit sought if the Chief of Police of the local PNP
or his authorized deputy will certify that the holding of such activity will pose a clear,
or there is in imminent danger to public order and safety, or probable destruction to
public and private properties. This is without prejudice to the right of the applicant or
aggrieved party to seek redress before the proper Court.
3) The police officers assigned to such kind of assemblies shall always observe the
principle of maximum tolerance. Before any dispersal operations are conducted, there
should first be held a dialogue between the law enforcers and the leader or spokesman of
the other side. Should the leader or spokesman of the rallyist or demonstrators refuses to
hold a dialogue and his group continues to act in defiance of law and public order, the

Page | 37 of Ordinance #: 15-1061


law enforcers may then assert their authority and perform the necessary legitimate action
as warranted by the circumstances.
4) The Mayor shall issue the necessary rules and regulations for the proper
implementation of this Article.
Section 89. Penalty. Violators of the provisions of this Article shall be punished
by a fine of not more than Two Thousand Five Hundred Pesos (Php2,500.00) or
imprisonment of not more than three (3) months, or both fine and imprisonment at the
discretion of the court.
Article Q. Vandalism of Public and Private Properties

Section 90. Prohibited Acts. It shall be unlawful for any person to deface or
scribble or write on the walls of public or private buildings, and/or fences exposed to
public view.

Section 91. Penalties. Any person found violating this Article, shall upon
conviction be subject to the following fines and penalties:

a. First Offense - Imprisonment of Six (6) months or a fine of Five


Hundred (Php500.00) Pesos or both at the discretion of the court;

b. Second Offense - Imprisonment of Ten (10) months or a Fine of Seven


Hundred (Php700.00) Pesos or both at the discretion of the court

c. Third Offense - Imprisonment of One (1) year or a fine of Two


Thousand (Php 2,000.00) Pesos or both at the discretion of them Court

Article R. Forced Evacuation in Times of Disaster


or Emergency, and When Danger of
Loss of Lives Becomes Eminent

Section 92. Required Acts. If upon assessment or determination of the City


Disaster Risk Reduction and Management Council (CDRRMC), forced or preemptive
evacuation of local residents is already necessary, said council shall immediately make
recommendation of such assessment. On the basis of such recommendation, the City
Government shall immediately declare the implementation of forced evacuation which
shall include but not limited to the following:

a. Designation of area where vehicles provided by the city government are stationed to
transport local residents to the identified evacuation centers;
b. Designation of evacuation centers or such places where the evacuated local residents
will be temporarily housed;

Page | 38 of Ordinance #: 15-1061


c. Declaration of the necessity for the evacuees to stay in the aforesaid evacuation
centers until there be another issuance declaring that the imminent danger within the
affected area is no longer there, if this is still possible; and
d. Provide measures to ensure the safety of local residents in the evacuation areas.
However, immediately after declaration of forced evacuation, the Municipal government
shall see to it that the local residents are notified in local dialect to evacuate, further
informing them that it is the only way to ensure their safety.
Section 93. Definition of Terms. As used in this Article, the following terms
shall mean as defined:
a. Disaster refers to the result of a natural or man-made event which causes loss of life,
injury and property damage, including but not limited to natural disasters such as
hurricanes, tornados, floods, storms, strong winds and other weather related events; and
man-made disasters including but not limited to power plant explosions, accidents
involving hazardous materials, oil spills, explosions and civil disturbances.
b. Imminent Danger refers to an immediate threat of harm.
c. Evacuation refers to an operation whereby all or part of a particular population is
temporarily relocated, whether individually or in an organized manner, from an area in
which a disaster or emergency has been declared, and is considered dangerous for health
or safety of the public.
d. Forced Evacuation refers to an evacuation order as a resort when a disaster or
emergency has been declared and danger of loss of life is imminent, and conditions exist
that critically imperil or endanger the lives of those in the defined area.
Section 94. Enlistment of Assistance of Other Government Agencies. In
declaring forced evacuation, the members of the PNP, AFP, BFP and BJMP assigned
within the affected locality may be enlisted by the City Mayor. All emergency measures
adopted shall be in coordinative and collaborative efforts by the City Government, BFP,
AFP and PNP units.
Section 95. Refusal of Local Residents to Leave Their Homes, or After
Evacuation, Go Back Therein Without an Order to Do So. In the event that local
residents refuse to leave their homes, or after the duration of evacuation, go back to their
homes/affected area without an order issued to this effect, the city government as well as
the members of the mobilized units of the PNP, AFP and BJMP may use such physical
force that is commensurate under the circumstances without discrimination and with
conscious attention to the needs of vulnerable sectors such as children, women, the
elderly and persons with disabilities, with the end view that lives are safely secured.
Section 96. Penalty. Any public official who violates any of the provisions of
this Article shall be subjected to a fine of not exceeding Five Thousand Pesos
(Php5,000.00) or imprisonment not exceeding one year , or both at the discretion of the

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court, without prejudice to administrative sanctions as may be imposed under existing
laws, rules and regulations.

CHAPTER III
INSTITUTIONAL MECHANISMS
Article A. Institutional Mechanisms

Section 97. City Peace and Order Council (CPOC). The City Peace and Order
Council shall be at the forefront of overseeing the monitoring and implementation of
programs, operations and measures geared towards improving and enhancing peace and
order and public safety in the City of Kidapawan. It shall closely coordinate with
enforcement agencies such as the City PNP, Fire Station, LTO, TMU, Barangay Peace
and Order Committees (BPOC), and other agencies concerned, in all aspects of
community-based anti-crime activities such as, but not limited to the following:
a. Crime Prevention and Control
b. Counter-Insurgency and Anti-Terrorism
c. Fire Prevention and Suppression
d. Disaster Management and Control
e. Environmental Enhancement
f. Other similar activities
Section 98. Barangay Peace and Order Council (BPOC). The Barangay Peace
and Order Council shall work in close coordination with the CPOC and law enforcement
units operating in the barangays towards implementing peace and order programs,
projects and activities at the barangay level, and tasked with the following functions, to
wit:
a. Initiate, coordinate and monitor the implementation of peace and order
programs and projects at the barangay level;
b. Serve as information gathering system;
c. Monitor and check the nefarious activities of criminal elements;
d. Supervise barangay tanods in identifying barangay constituents with strong
deviant behavior for referral to appropriate authorities;
e. Maintain continuing dialogue, close coordination and rapport with the CPOC,
the CDRRMC and the law enforcement units operating in the barangay;
f. Formulate plans and recommend such measures which will improve or
enhance peace and order and public safety in their area of responsibility;
g. Supervise, coordinate and monitor the operations of all community-based anti-
crime activities undertaken within the barangay;
h. Undertake periodic assessment of the prevailing peace and order situation in
the barangay and submit report with appropriate recommendations to the
higher Peace and Order Council; and,

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i. Perform such other functions which may be assigned by higher level Peace
and Order Councils.
Section 99. City Disaster Risk Reduction and Management Council
(CDRRMC). The City Disaster Risk Reduction and Management Council shall:

a. Approve, monitor and evaluate the implementation of the LDRRMPs and


regularly review and test the plan consistent with other national and local
planning programs;
b. Ensure the integration of disaster risk reduction and climate change adaptation
into local development plans, programs and budgets as a strategy in
sustainable development and poverty reduction;
c. Recommend the implementation of forced or preemptive evacuation of local
residents, if necessary; and
d. Convene the local council once every three (3) months or as necessary.

Section 100. City Drug-Free Workplace Committee. The City Drug-Free


Workplace Committee shall undertake the following duties and responsibilities:
a. To oversee the formulation and implementation of the drug abuse policy in the
agency
b. Initiate training programs for supervisors
c. Initiate continuing education and awareness program for the employees
d. Initiate and adopt value formation, family enhancement and such other related
and relevant programs
CHAPTER IV
PROVISIONS FOR IMPLEMENTATION
Article A. The City Public Safety Office
Section 101. Creation. The City Public Safety Office (CPSO) is herein created to
enhance the effective implementation of the various protective and emergency services in
the City of Kidapawan through:
a) Coordinated planning activities;
b) Clear delineation of roles and functions;
c) Improved allocation of resources;
d) Rationalized distribution of human resources and assets;
Section 102. Functions and Scope. The Public Safety Office shall:

1) Coordinate with national and local law enforcement agencies and


affiliate organizations, and with related offices of the city government

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on the proper implementation of laws and ordinances pertinent to
public safety, security, peace and order;
2) Coordinate the mobilization of manpower and resources in the
implementation of contingency plans to limit effects of disasters and
other calamities;
3) Supervise the registration and regulation of public utility vehicles and
litigation of violators of traffic ordinances thereof;
4) Secure public facilities and provide civil security assistance;
5) Coordinate the formulation of the city public safety plan for submission
to the Kidapawan City Peace and Order Council including the
formulation of a comprehensive Integrated Area/Community Public
Safety Plan (IA/CPSC) annual and long-term action plans;
6) Submit recommendations to the Kidapawan City Peace and Order
Council on matters affecting public safety and order;
7) Conduct trainings for members of the various units operating in the city
performing public safety functions;
8) Undertake advocacy activities to raise community awareness on
specific issues affecting public safety and order as well as engage them
in specific activities intended to promote public safety and order.
9) Recommend to the city mayor other measures for the improvement of
public safety, peace and order in the City.
Section 103. Nature. The City Public Safety Office shall be:

1) A coordinative body responsible for coordinating the programs and


activities of existing units, offices, and organizations in Kidapawan
City involved in public safety and
2) An operational unit responsible for functions and services not presently
performed or not adequately performed by existing units, offices and
organizations.
As such, the CPSO shall have coordinative powers with the
following offices, units, or organizations:
1. Kidapawan City Police
2. Bureau of Fire Protection
3. Land Transportation Office
4. CDRRMO

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5. BPAT, CSU, and TMU
6. Other agencies involved in public safety and security
Similarly, the CPSO shall have the following organic units under
its direct supervision and control:
1. Transport and Traffic Management Unit
2. Public Facilities and Civil Security Unit
3. Administrative, Training and Information Unit
Section 104. Executive Board. There is herein created a Public Safety Board
which shall pass upon policy matters for guidance, action and/or information of the
CPSO. The PSB shall be composed of the following:
1. Chief of the Kidapawan City Police
2. Chief of the Bureau of Fire Protection
3. Head, Philippine Drug Enforcement Agency
4. President, ABC
5. Chairperson, SP Committee on Public Safety
6. Chairperson, SP, Committee on Public Utilities
7. Representative of the LDCPC
8. Head of CDRRMO
9. Head of the CPSO
The Board may request head of office of the local government as a resource
person on matters concerning his/her office or department, and to clarify any issue that
may require his/her expertise.
The Head of the CPSO shall convene and preside the meetings of the Executive
Board.

Section 105. Coordinating Bodies. The following entities shall constitute the
CPSO coordinating bodies which shall ensure consistency of CPSO policies and
programs with their own policies and programs:

1) SP Committee on Public Safety


2) SP Committee on Public Utilities
3) Kidapawan City Peace and Order Council

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4) Kidapawan City Disaster Risk Reduction and Management Council

Article B. The City Public Safety Officer

Section 106. Qualifications. Pursuant to Sec. 454 of RA 7160, otherwise known


as the Local Government Code of 1991, the City Public Safety Officer shall be appointed
by the City Mayor with the concurrence of the Sangguniang Panlungsod, provided that he
meets the following qualifications:
a. A resident of the City of Kidapawan;
b. Must be of good moral character;
c. Must be a holder of a bachelors degree preferably in law enforcement,
public health and safety, or any related course from any recognized
college or university;
d. Must have at least five years experience on public safety, peace and
order management and other related work areas;
e. Must be a First Grade Civil Service Eligible or its equivalent; and,
f. Other qualifications relevant and necessary thereof.
Section 107. Functions. The PSO shall be headed by the Public Safety Officer
with the following functions:
1. Ensure that an annual public safety plan be prepared by each of the
following agencies:
a. Kidapawan City Philippine National Police
b. Bureau of Fire Protection
c. Rescue 911
d. Barangay Tanods/BPAT
e. TMU
f. CSU
g. Other duly deputized force augmenters

2. From the public safety plans of the above units, prepare a consolidated
Kidapawan City Public Safety Plan for consideration and approval by
the Kidapawan City Peace and Order Council.
3. Ensure that resources are made available to implement the Kidapawan
City Public Safety Plan by sourcing funds from local and external
sources.
4. Execute in a most efficient and effective manner the Kidapawan City
Public Safety Plan.
5. Recommend public safety policies for evaluation and adoption by the
peace and order council or the Sangguniang Panlungsod which, if
approved, shall be integrated into the Kidapawan City Public Safety
Plan.

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6. Undertake a public information campaign to generate awareness and
support for the major components of the Kidapawan city public safety
plan.
Section 108. Other Officers of the CPSO. The following officers, with their
attendant functions, shall report directly to the public safety officer:
1. Head, City Transport Regulations Unit which shall be in charge of enforcing
registration requirements for tricycles and other vehicles under the purview of the city
government, whether for private use or as public utility; in charge of enforcing
regulatory requirements for terminals and the routing of public utility vehicles;
2. Head, Traffic Management Unit which shall be in charge of matters relating to traffic
management and regulations;
3. Head, Public Facilities and Civil Security Unit which shall be responsible for the safety
of public facilities owned by the Kidapawan City Government. The head shall oversee
the operation of private security agencies and of organic personnel of the city
government assigned to perform security duties;
4. Head, Administrative, Training and Information Unit, which shall be responsible for
personnel and office matters of the CPSO, including training and public information
programs.

CHAPTER V

TRANSITORY PROVISIONS
Article A. Transfer and Vested Rights and Budgetary Requirements
Section 109. Transfer of Equipment and/or Personnel to the City Public Safety
Office (CPSO). Until such time that the CPSO is duly constituted, the following offices
and/or personnel shall be under the supervision and control of the City Mayor:
a) Civil Security Unit
b) Transport Regulations Unit
c) Traffic Management Unit
c) BPAT
Thereafter, all its existing programs, responsibilities, facilities and appropriations
shall be transferred to the CPSO, and personnel deployed in said units shall automatically
become an integral part of the said office.
Section 110. Vested Rights. Rights and obligations existing on the date of
effectivity of the Code and arising out of contracts shall be governed by the original
terms and conditions of said contract or law in force at the time such rights were vested.

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Section 111. Budgetary Requirements. The existing budget of the
aforementioned units, including those items under the protective services of the 2015
annual budget, which shall be retained and consolidated under one item (PSO), shall form
part of the City Public Safety Office (PSO) annual budget.
Article B. The Oversight Committee
Section 112. Creation and Composition. There shall be created an Oversight
Committee to oversee the establishment and operationalization of the CPSO composed of
the following:
a. City Executive-Legislative Liaison Officer or City Administrator as
Chairperson
b. Chair, SP Committee on Public Safety, Peace and Order as Co-Chair
c. Secretary to the Sangguniang Panlungsod as Secretary
d. City Budget Officer - Member
e. City Treasurer Member
f. City Accountant Member
g. City General Services Officer Member
h. City Human Resource and Management Officer Member
Section 113. Powers and Functions. The Oversight Committee shall exercise the
following:
a. Formulate guidelines in the transfer of personnel, responsibilities and
accountabilities in accordance with this Code;
b. Recommend to the Mayor necessary measures for the initial operation of
the CPSO;
c. Other responsibilities deemed necessary and appropriate in the process of
transfer of personnel responsibilities and accountabilities
Section 114. Term. The Oversight Committee shall exist until such time the
CPSO is established and becomes operational.
Article C. Funding and IRR

Section 115. Funding/Appropriation. The City Government shall appropriate


funds necessary for the implementation of the provisions of this Code.
Section 116. Implementing Rules and Regulations. The City Mayor, through a
technical working group (TWG), shall formulate the implementing rules and regulations
necessary to carry out the provisions within six (6) months from the approval of this
Code.

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CHAPTER VI
FINAL PROVISIONS
Section 117. Separability Clause. If for any reason, any portion or provision of
this Code is declared unconstitutional or invalid, the other sections or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
Section 118. Applicability Clause. All other matters not covered by this Code
shall be governed by pertinent applicable laws, ordinances, rules, declarations and
issuances.
Section 119. Repealing Clause. All ordinances, resolutions, circulars,
memoranda, or rules, rules and regulations inconsistent with the provisions of this Code
are hereby repealed and modified accordingly.
Section 120. Effectivity Clause. This Ordinance shall take effect after its
publication for three (3) consecutive issues in a newspaper of local circulation in the City
of Kidapawan, and posting of the same in three (3) conspicuous places for a period of
fifteen (15) days, whichever occurs later.
DATE ENACTED: December 03, 2015
oooOooo

I HEREBY CERTIFY to the correctness of the above-quoted ordinance.

JOEL M. PATAL
LLSO III/Acting Secretary to the Sanggunian

ATTESTED:

RODOLFO Y. GANTUANGCO
Vice Mayor/Presiding Officer

APPROVED:

JOSEPH A. EVANGELISTA
City Mayor

Date: _________________

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