Republic ofthe Philippines CITY OF SAN CARLOS Province of Negros Occidental OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD HELD ON THE 16" DAY OF JANUARY, 2014 AT 4:20 P.M. AT THE SP SESSION HALL PRESENT: Hon. EDGARDO 8. QUISUMBING, City Vice Mayor/Presiding Officer ROMMEL T. DEBULGADO, ‘SP Member “ VICTORIANA C. CABILI, ‘SP Member “HERNAN V. ANTONIO, SP Member “DICKSON N. YU, SP Member " EDDIEL APUHIN, SP Member "FLEUR DE LIS V. MASCUNANA, SP Member “EMMANUEL J. BAGUIORO, SP Member “CLINT. MANSUETO ‘SP Member ‘ABSENT: Hon. CHRISTOPHER PAUL'S. CARMONA, SP Member “ —JONIES. UY, SP Member “HELEN P. GEOPANO, SP Member (ABC President) ORDINANCE No. 14-03 AN ORDINANCE ESTABLISHING VISITOR'S ID SYSTEM IN JAIL FACILITIES Introduced by Hons. ANTONIO and MASCUNANA WHEREAS, paragraph (f) of R.A. 7438, known as AN ACT DEFINING CERTAIN RIGHTS OF A PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION, AS WELL AS, THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, provides that any person arrested or detained, or under custodial investigation, shall be allowed visits by or conferences, with any members of his immediate family, or any doctor or priest or religious minister, chosen by him or by any member of his immediate family, or by his counsel, or by any national non-governmental organization, duly accredited by the Commission on Human Rights, or by any international non-governmental organization, duly accredited by the Office of the President; WHEREAS, in our present set up, visitors flock our jails sans proper identification, as to their affiliation, with the inmate they are visiting, regardless whether they be relatives or friends of the Page 1 of 3 pages Ord. No, 14-03 - Establishing Visitor's 1D System in BIMP January 16, 2014inmates, adversary or complainant of an inmate confined in the jail, or any other personalities whose business in frequenting the jail is to engage in unlawful trade therein; WHEREAS, proliferation of illegal drugs may be sneaked in/smuggled inside the jal facility by ‘these unidentified persons, considering their non-affiliation with any inmates thereat; WHEREAS, R.A. 7438 states that a person’s immediate family shall include his or her spouse, fiancée or fiancé, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece and guardian or ward; NOW THEREFORE, Be it ordained by the Sangguniang Panlungsod of the City of San Carlos, Negros Occidental, in regular session duly assembled, that: SECTION 1. PURPOSE AND GENERAL COVERAGE. - The purpose of this ordinance is to abate the proliferation of prostitutes, male or female alike, would-be couriers of illegal drugs and other items considered contraband, a perennial problem that as posed a deterrent in the full realization of the Program thrusts of the organization toward jail security and the ultimate rehabilitation of inmates. SECTION 2. OBJECTIVES. - 2.1 The scheme is to require every inmate, upon confinement to the jail, to submit a list containing the names of the members of his immediate family whom he/she wishes to visit him/her during his/her confinement in our jail. 2.2 The visitor's ID shall be provided by the local BJMP, after payment of FIFTY PESOS (P50.00) from the City Treasurer's Office and is renewable after a year of its issuance. SECTION 3. PROCEDURES. 3.1. Upon confinement in the jail facility, an inmate shall be required to submit a list of the members of his immediate family, for purposes of visiting him/her during his/her confinement thereat. 3.2 Subject to the policy on visiting days and hours, only the names submitted by the inmate shall be allowed to visit the latter, with exception of his/her counsel, priest, minister, pastor, imam or rabbi, who shall be allowed to visit him/her, at all times. 3.3 The jail warden, wardress, or his/her authorized representatives, shall certify that the ames appearing in the list are those whom the inmate recommended as his/her visitor(s), The same list shall be furnished to the City Treasurer's Office, as basis in the charging of fee for the BIMP's issuance of visitor’ 1D. 3.4 For purposes of identification, the immediate members of the family of the inmate shall secure an 1D from the local BIMP after payment of FIFTY PESOS (P50.00) from the City Treasurer's Office. 3.8. Additional list of visitors may be allowed, provided the jail warden, wardress, or his/her authorized representative shall certify that the same is recommended by the inmate. 3.6 The jail management shall keep a list of inmates’ visitors and in case there is discrepancy between the list and that of the City Treasurer's Office, the list maintained and kept by the former shall prevail. Page 2 of 3 pages (Ord. No. 14-03 - Establishing Visitor's ID System in BIMP_ January 16, 2014SECTION 4. SEPARABILITY CLAUSE. - If for any purpose, any part or provision of this Code shall be held unconstitutional or invalid, other parts or provisions hereof, which are not affected, shall continue to be in full force and effect. SECTION 5. REPEALING CLAUSE. - All ordinances and administrative circulars and executive ! orders, or parts thereof, which are found to be inconsistent with the provisions of this Code, are hereby repealed or amended accordingly. SECTION 6. EFFECTIVITY. This ordinance shall take effect fifteen (15) days after publication, ‘once in a newspaper of general circulation and posting for three consecutive weeks, in all conspicuous places in City Hall or in the local bulletin board. ENACTED: January 16, 2014, by the affirmative votes of Hons. DEBULGADO, CABILI, ANTONIO, YU, APUHIN, MASCUNANA, BAGUIORO and MANSUETO. Negative: none. x X- I HEREBY CERTIFY to the correctness of the foregoing ordinance which was duly enacted by the ‘Sangguniang Panlungsod during its regular session held at the SP Session Hall on January 16, 2014. — ILLARANTE fetary tothe Sanggunian ATTESTED AND CERTIFIED TO BE DULY ENACTED: Sear City Vice Mayor/Pres)s APPROVED BY THE CITY MAYOR on 2013. GERARDO P. VAL MAYOR, JR. Page 3 of 3 pages (Ord. No, 14-03 Establishing Visitor's ID System in BIMP Jonuary 16, 2014