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Republic of the Philippines

City of Iloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 12TH REGULAR SESSION OF THE 8


SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE
SESSION HALL, 6TH FLOOR CITY HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY,
ON TUESDAY, MARCH 27, 2018.

PRESENT:
HON. CANDICE MAGDALANE A. TUPAS
Acting Presiding Officer

Hon. Joshua C. Alim Member


Hon. Lady Julie Grace L. Baronda Member
Hon. Ely A. Estante, Jr. Member
Hon. R Leone N. Gerochi, Asst. Floor Leader Member
Hon. Reyland V. Hervias, Liga ng mga BarangayPresident Ex Officio Member
Hon. Mandrie T. Malabor Member
Hon. Plaridel C. Nava II Member
Hon. Armand S. Parcon Member
Hon. Eduardo L. Peiiaredondo, Floor Leader Member
Hon. Liezl Joy Z. Salazar Member
Hon. Jose Efrain G. Treiias III Member

ABSENT:

Hon. Jeffrey P. Ganzon (On Leave) City Vice Mayor and Presiding Officer

REGULATION ORDINANCE NO. 2018-051


AN ORDINANCE REQUIRING THE RESTAURANTS AND FOOD OUTLETS IN
THE CITY OF ILOILO TO SERVE FREE POTABLE SERVICE WATER TO
THEfil CUSTOMERS

Sponsored by Hon. Ely A. Estante, Jr. and seconded by Hon. Lady


Julie Grace L. Baronda and Hon. Eduardo L. Penaredondo

WHEREAS, in Section 15 of the 1987 Philippine Constitution states that "The State shall
protect and promote the right to health of the people and instill health consciousness among them";

WHEREAS, Section 16 of Republic Act 7160 or the Local Government Code of 1991
states that "Every Local Government Unit shall exercise the powers expressly granted, those
necessarily implied there from, as well as powers necessary, appropriate or incidental for its
efficient and effective governance, and those which are essential to the promotion of the general
welfare. 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 balance 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";

WHEREAS, Resolution 64/92 passed by the United Nations General Assembly on July 28,
2010, explicitly recognized the human right to water and sanitation and acknowledge that clean
drinking water and sanitation are essential the realization of all human rights. The UN
Reg. Ord. No. 2018-051, March 27, 2018 Page2

Resolution further stated that "the human right to water entitles everyone to sufficient, safe,
acceptable, physically accessible and affordable water for personal and domestic uses";

WHEREAS, the need to safe and clean water is a basic human right, every human being
has the right to safe, clean, affordable and accessible water;

WHEREAS, the City oflloilo there are food establishments that only provide service water
when the customer personally ask for it upon or after ordering. Other establishments only offer
such necessity with a corresponding monetary value awhile other establishments offer the "hulog
piso-piso" or coin-operated water vending machines";

WHEREAS, there are food establishments in the City of Iloilo that provide free service
water to their customers but the water come from sources that could not be considered as safe and
clean;

WHEREAS, there is a need for an ordinance in the City of Iloilo that would ensure that the
constituents and tourists of Iloilo City will have access to free, safe and clean service water in
restaurants and food outlets;

NOW, THEREFORE, be it ordained, as it is hereby ordained, by the Sangguniang


Panlungsod of the City of Iloilo in session assembled, that:

SECTION 1. - SHORT TITLE.

This ordinance shall be known and cited by its short title as the "Free Potable Service Water
Ordinance oflloilo City".

SECTION 2. - DEFINITION OF TERMS.

1. Restaurants - businesses or establishments where food and beverages may be


purchased.

2. Food outlets - businesses or establishments that serves a particular food, includes


food chains, stalls and fast-food establishments.

SECTION 3. - POTABLE SERVICE WATER.

Potable service water should be safe drinking water that is served to the customers/s of a
restaurant or a food outlet. It is safe to drink without risk of developing waterborne diseases or
generate health problems. Potable service water should be drinking water that passed the
parameters set by the Philippine National Standards for Drinking Water.

SECTION 4. - MANDATE AND COVERAGE.

4.1 All restaurants and food outlets in the City oflloilo are mandated to provide, serve
or offer to their customers free potable service water.

4.2 The food establishment shall post a signage of "Free Service Water" on a
conspicuous place inside the premises of the establishment.

4.3 All restaurants and food outlets in the City of Iloilo must regularly maintain and
clean their water dispensers, water vending machines and water storage containers.
Reg. Ord. No. 2018-051. March 27. 2018 Page3

SECTION 5. POWER TO MONITOR, INSPECT AND ENFORCE.

The City Health office shall be empowered and tasked to be the lead department in the
inspection of restaurants and food outlets for the purposes of the implementation of this ordinance.
The City Health Office shall conduct monthly water sampling and bacteriology test at least once a
month in establishments, to ensure compliance of the ordinance. All restaurants and food outlets
found violating this ordinance shall be duly notified by the City Health Office, which shall then
forward the case to the City Legal Office for appropriate action. The City Legal Office shall then
summon the violating establishment for it to settle its violation and comply with the ordinance.
Should the establishment refuse to comply or refuse to heed the summons sent by the City Legal
Office, the latter shall then file the necessary cases before the regular courts. Complaints from
customers, individuals persons or group of persons regarding violations of establishments for
refusing to serve and offer free clean service water shall be course through or either the City Health
Office or City Legal Office.

SECTION 6. - UNLAWFUL ACTS

1.1 Owner's, proprietors, proprietress of businesses, juridical or natural persons are


liable for the failure of the food establishment to offer and serve free potable service
water to its customers;
1.2 Owners, proprietors, proprietress of businesses, juridical or natural persons are
liable for not placing the signage on a conspicuous place inside the premises of the
establishment;

SECTION 7. - PENALTIES.

Any violation under Section 4 and 6 of this ordinance shall be penalized as follows;

7.1 Warning for the first offense.


7.2 Fine of Three Thousand Pesos (P 3,000.00) for the second offense.
7.3 Fine of Five Thousand Pesos (P 5,000.00) and suspension of the Business Permit and
closure until such time that the offender complies.
7.4 The City Legal Office, after due hearing, shall take legal action against recalcitrant
violators of this ordinance.

SECTION 8.- SEPARABILITY CLAUSE.

If any provision of this Ordinance is declared unconstitutional or illegal by a court, the


same shall not affect the validity of the other provisions.

SECTION 9. - REPEALING CLAUSE.

Any or all ordinances, resolutions and/or issuance of the City, which are inconsistent with
this Ordinance, are hereby repealed, amended or modified accordingly.

SECTION 10. - EFFECTIVITY.

This ordinance shall take effect fifteen (15) days from its publication in a newspaper of
general circulation in the City.

ENACTED. March 27, 2018.


Reg. Ord. No. 2018-051, March 27. 2018 Page4

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

ATTESTED AND CERTIFIED


TO BE DULY ADOPTED:

~~·?£·~
CANDICE MAGDAL A. TUPAS, MD.
Acting Presiding fficer

IDN: 17-12-1632