Baguio City At 110

Theodore M. Gonzalo Jr
JD 1-C

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 Baguio City, also known as the “City of Pines”, is a place very popular in
the summertime due to the unusually cool climate. A place of retreat for many
tourists, with pine trees, beautiful views, and the fresh breeze of cold air. Through
the years Baguio City which used to be a grassy marshland turned into one of the
most highly urbanized cities in the country. Baguio City with its rich culture and
countless resources is a melting pot of different people and culture. But a lot of
people do not take into consideration Baguio City’s Legislative History and
Noteworthy ordinances.

The legislative history of Baguio City began in 1917, along with the undivided
Mountain Province, was provided representation in the Philippine Legislature.
Pursuant to the Revised Administrative Code (Act No. 2711) enacted on March 10,
1917, the non-Christian-majority areas of the Philippines, which then included the
Mountain Province and Baguio, were to be collectively represented in the
legislature's upper house by two senators from the 12th senatorial district, both
appointed by the Governor-General. Three assembly members, also appointed by
the Governor-General, were to represent the Mountain Province and the chartered
city of Baguio in the lower house as a single at-large district.

The residents of Baguio and the Mountain Province only began electing
representatives through popular vote in 1935 by virtue of Act No. 4203; the law
provided the territorial coverage for each lower house representative district, while
also abolishing the senatorial district system. The city was then represented as part
of the Mountain Province's second district, which also included the sub-province of
Benguet.

Areas now under the jurisdiction of Baguio were first represented separately during
the Second World War. As a chartered city, two delegates represented Baguio in
the National Assembly of the Japanese-sponsored Second Philippine Republic: one
was the city mayor (an ex officio member), while the other was elected through an
assembly of KALIBAPI members within the city during the Japanese occupation
of the Philippines. Upon the restoration of the Philippine Commonwealth in 1945,
the city reverted to its pre-war representation with the sub-province of Benguet as
part of the undivided Mountain Province's second district.

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The enactment of Republic Act No. 4695 on June 18, 1966 made the sub-province
of Benguet into a full-fledged province. Per Section 10 of R.A. 4695 Baguio was
to be part of the newly independent province's representative district. The new
province of Benguet, along with Baguio, together elected one representative
starting in the next general election.

Baguio was represented in the Interim Batasang Pambansa as part of Region I from
1978 to 1984. Having been classified as a highly urbanized city on 22 December
1979 through Batas Pambansa Blg. 51, Baguio was granted separate representation
in the Regular Batasang Pambansa, returning one representative, elected at-large in
1984.

The city was once more grouped with Benguet under the new Constitution which
was proclaimed on 11 February 1987. Baguio, despite being an independent city
since 1909, comprised what was legally known between 1987 and 1995 as the first
district of Benguet, while the territory of the actual province of Benguet itself
comprised the second district. Both elected members to the restored House of
Representatives starting that same year.

Starting in 1992 the first district of Benguet was re-designated as the "Legislative
district of Baguio" thereby permitting the city to once again elect a representative
under its own name.1

As to the City’s noteworthy ordinances, these are as of listed:

Anti-Distracted Walking Ordinance2 - The City Council approved on first reading

a proposed ordinance providing for the anti-distracted pedestrian in the city.

The ordinance authored by Councilor Leandro B. Yangot, Jr. stated that the
purpose of the proposed measure is to regulate the use of mobile electronic devices
by certain individuals in the city. Under the proposed ordinance, no pedestrian
shall cross a street or highway while viewing a mobile electronic device in a
manner that averts his or her visual attention to the said device.

1 The City Government Of Baguio

http://www.baguio.gov.ph/about-baguio-city
2
http://www.baguio.gov.ph/content/anti-distracted-pedestrian-edict-city-proposed

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Further, parents or guardians are reminded to keep their eyes on their children from
viewing said devices while crossing streets, roads, and highways to prevent the
incidents that compromise their safety.

However, among those exempted from the coverage of the measure are pedestrians
using a mobile electronic device for the sole purpose of making an emergency call
or text and emergency responders viewing a mobile electronic device while in the
performance of their official duties.

The ordinance stipulated the City Director of the Baguio City Police Office
(BCPO), the 128 barangays, and other concerned agencies and instrumentalities
shall be responsible for the strict implementation of the pertinent provisions of the
measure. Any person found to be violating the pertinent provisions of the
ordinance shall be penalized by rendering community service of 15 days for the
first offense, community service of 30 days for the second offense, and a fine of
P5,000 or imprisonment or both, upon the discretion of the court, for the third
offense.

Yangot explained in the exercise of its police power and the general welfare close
of the Local Government Code, or Republic Act (RA) 7160, the City Council shall
exercise powers necessary for its efficient and effective governance by laying
down ordinances, among others, to promote the general welfare of the people.

“We are all pedestrians. Walking is one of the best ways to stay healthy, but only if
we put our safety, and that of the others, first. Road and pedestrian safety is a
shared responsibility and needs to be a collaborative effort by all parties,” Yangot
stressed.

He pointed out reduction or elimination of distracted pedestrian injuries is an

important and achievable policy goal and the use of mobile electronic phones is
growing gigantic worldwide and studies suggest that pedestrians who are distracted
by phone conversations or other distracting activities, such as listening to music or
texting, take greater risks when crossing roads, particularly in streets where there is
a great mix of traffic.

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The alderman claimed it has been observed by some responsible pedestrians and
law enforcers that there are numerous individuals crossing streets who still
continue to glimpse at their mobile electronic devices while trying to go to the
other side of a road or highway that cause them to unduly bump into other
pedestrians and result to altercations, while others are sideswiped by motor
vehicles that inflict injuries to them.

Anti-Smoking Ordinance 3- The City Council approved on first reading a proposed

ordinance repealing Sections 5k and 5m of Ordinance No. 34 series of 2017 and
requiring all persons or establishments selling tobacco products, either by pack or
by the stick, as well as electronic nicotine delivery systems, to put graphic health
warning posters or images containing the many health harms caused by tobacco
use in all points of sale.

The amendatory ordinance authored by Vice mayor Edison R. Bilog and Councilor
Elaine D. Sembrano stated all persons or establishments selling these products are
required to put graphic health warning posters or images containing the many
health harms caused by tobacco use in all points of sale in the different parts of the
city.

The ordinance added the City Health Services Office shall ensure the
implementation of the local legislative measure and likewise provide the necessary
graphic health warning posters or images as required by law.

Under the proposed ordinance, violators of the ordinance shall be fined P2,000 for
the first offense, P3,000 for the second offense and P5,000 and imprisonment for a
period not exceeding 3 months or both fine and imprisonment at the discretion of
the court for the third and succeeding offenses.

Further, suspension or revocation of business permit or special permit in case of a

business entity or establishment found violating the provisions of the ordinance
will be imposed. Section 5k of Ordinance No. 34, series of 2017 entitled
“Prohibiting the Use, Sale, Distribution and Advertisement of Cigarettes and other

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http://www.baguio.gov.ph/content/changes-city%E2%80%99s-anti-smoking-ordinance-proposed

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Tobacco Products in Certain Places, Imposing Penalties for Violations Thereof and
Providing Funds thereof and for Other Purposes Amending Ordinance No. 08,
series of 2008 or the City’s Comprehensive Anti-Smoking Ordinance” provides
that the selling of tobacco products or electronic nicotine delivery system as
individual pieces or per stick or piece shall be prohibited.

Further, Section 5m of the same ordinance prohibits ambulant or street vendors,

including other mobile or temporary stalls, kiosks, stations or units from selling
tobacco products or electronic nicotine delivery system.

While the purpose of the ordinance clearly states that public health takes
precedence over any commercial or business interests, the ordinance claimed it has
been the sentiment of a few residents that sell tobacco products that the two
provisions have greatly affected their source of livelihood more so that most
consumers prefer to buy cigarettes per piece or stick from stores or street vendors.

According to the proposal, further providing that the selling of cigarettes should
only be done by pack does not directly prohibit consumers from purchasing the
same instead it would even result to having consumers consume more cigarettes
rather than just a single or a number of sticks of the tobacco products.

The proponent of the ordinance was Scout Official For-A-Day councilor Eriko
Coscolluela. It was then adopted by councilors Faustino Olowan, Peter Fianza, and
Levy Lloyd Orcales.

Coscolluela emphasizes that pedestrians using mobile devices while walking not
only lose awareness and get into accidents, but also tend to slow down and affect
the pace of other pedestrians around them.

Violators will not be penalized for the first offense. As for the succeeding offenses,
the fees will be as follows: P1,000 for the second offense, P2,000 for the third
offense, and P2,500 with community service or imprisonment of 11-30 days for the
fourth and succeeding offenses. Ouch.

The ordinance will also prohibit pedestrians from skimming any reading material
while on the road. Barangay tanods and enforcers, the Public Order and Safety
Division of the Mayor’s office, the Baguio City Police Office, and the Baguio

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Traffic Management Unit are all authorized to apprehend any potential violators.
However it is only a proponent it is one of the noteworthy ordinances as to date.

Silent Night Ordinance 4- The City Council approved on first reading a proposed
ordinance declaring it unlawful for any person to make or cause excessive,
unnecessary or unusual loud sounds from audio devices within residential areas
and public streets and for other purposes.

The ordinance which will also be known as the city’s ‘Silent night’ ordinance
authored by Councilor Edgar M. Avila stated effective upon the approval of the
measure, it will be unlawful for any person to make or cause excessive,
unnecessary, or unusual loud sounds from audio devices within residential areas,
subdivisions and public streets from 10 pm to 5 am daily.

However, the ordinance added that using videokes or karaokes, a favorite local
past time, may be allowed until 12 midnight provided that residents concerned will
secure a permit from the concerned punong barangay 5 days before the intended
use and commit to keep the volume of the system at acceptable levels.

Further, the ordinance pointed out that loud sounds, music or noises will not be
tolerated in places within 200 meters from schools, places of worship, and
hospitals.

Violators of the pertinent provisions of the ordinance shall be penalized with the
issuance of the necessary verbal order which will be given to violators to tone
down the noise, however, if the violation is deemed excessive, a fine of P1,000 or
imprisonment of up to 6 months or both shall be imposed for the first offense, a
fine of P3,000 for the second and a fine of P5,000 for the third and succeeding
offense.

Under the proposed ordinance, audio devices will include karaokes, videokes,
amplifiers, and musical instruments, among others, while unreasonably loud noise
is referred to as operating, playing or permitting the operation or playing of any
radio, CD player, television set, amplified musical instruments, drums, loud

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http://baguio.gov.ph/content/%E2%80%9Csilent-night%E2%80%99-ordinance-city-proposed

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speaker, videoke or karaoke system or other sound-producing device in such
manner or with such volume to annoy the quiet and comfort of a reasonable person
of normal sensitivities in any dwelling or residence, or with louder volume than is
necessary for the convenient hearing of the persons who are in the place in which
such device is operated.

Moreover, a sound may also be considered too loud if it is plainly audible at a

distance of 50 feet from its origin. The ordinance stipulated people look forward to
going home after a hard day’s work or after school and expect an evening of rest,
peaceful bliss or good nights’ sleep in the city’s cool climate.

At same time, the author claimed people are deprived of their well-deserved peace
because of rowdy, noisy parties or gatherings in the neighbourhood, and neighbors
and strangers who take for granted the well-being of others and think only of their
own enjoyment, thus, the need to effectively and efficiently address the basic
community concern.

The ordinance claimed, more often than not, disputes stem out of these issues
which even result to violent, injury and damage to property.

Plastic-Free Baguio Ordinance 5- An ordinance regulating the sale, distribution and

use of plastic bags and styrofoam in the city has been approved on third reading at
the city council.

Dubbed as “The Plastic and Styrofoam-Free Baguio Ordinance,” Ordinance No. 35

series of 2017 will cover all business activities and establishments in the city
including city government schools and offices.

The measure prohibits business establishments from providing any customer any
plastic bag or polystyrene foam container for goods or items purchased or serving
food or drink, take out or dine in to customers in polystyrene containers or in
plastic bags. Instead, these establishments will be mandated “to provide or make
available to customers for free or for a cost, paper bags or reusable bags or

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http://www.baguio.gov.ph/content/council-okays-plastic-free-baguio-ordinance

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containers made of paper or materials which are biodegradable, for the purpose of
carrying out goods or other items from the point of sale.”

The measure however will not prohibit customers from using bags of any other
type that they bring to the store themselves for carrying away goods in lieu of bags
provided by the store, except, plastic bags which are prohibited by this ordinance.

All businesses will be required to post a signage that shall read: “Bawal ang
Paggamit ng Plastic Bags at Styrofoam.”

These establishments however will be given a year to fully comply with the
ordinance. As part of its provisions, the measure mandates all city government
schools and offices to maintain a “No Plastic Bag No Styrofoam” policy in their
office or school premises including in government-sponsored events and functions.

Councilors Elaine Sembrano and Mylen Yaranon who proposed the measure last
year said the new ordinance is an upgrade of Ordinance No. 26 series of 2007 or
the Baguio City Paper Bag Ordinance which mandates the use of paper bags, buri
bags and other biodegradable containers in all supermarkets, groceries and other
retail business establishments in the city.

“The use of plastic bags and polystyrene foam containers constitute a percentage of
litter which is unsightly, costly and can cause serious negative environmental
impact and the cost associated with the use of these materials create burden to the
city’s solid waste management system,” the measure noted.

“It is in the best interest of the health, safety and welfare of the residents that this
regulation include the imposition of penalty to discourage the use of plastic bags
and polystyrene foam containers also known as styrofoam, reduce the cost of solid
waste disposal by the city, protect the environment and recover the cost in
promoting the use of recyclable paper bags and reusable bags in the City of
Baguio.” To take the lead in the information-education-communication IEC
campaign and the monitoring of the implementation of the ordinance, a technical
working group will be created to be chaired by the mayor with the city council
committee health head as vice chair and the city environment and parks
management officer as action officer.

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Penalties for violation are: Reprimand or immediate closure for establishments
without business permit for first offense; P1,000 fine for second offense; P3,000
fine and eight hours community service for third offense and P5,000 fine and
suspension of business permit for six months for fourth offense.

Penalties for violation of any of the provision by heads of the city government
offices, school administrators, principals and concerned persons in authority will
be subject to Republic Act No. 6713 and other local orders and issuances.

The measure also provides awards and recognition for those who will sustain
compliance. The measure is co-authored by Councilors Faustino Olowan, Vice-
Mayor Edison Bilog, Leandro Yangot Jr., Edgar Avila, Joel Alangsab, Elmer
Datuin, Peter Fianza, Lilia Fariňas, Arthur Allad-iw, Benny Bomogao and Michael
Lawana.

Baguio City Curfew Ordinance 6- The City Council approved on first reading a
proposed ordinance amending Ordinance No. 50, series of 2009, further amending
Ordinance No. 271, series of 1995 otherwise known as the Baguio city curfew
ordinance.

The ordinance authored by Councilor Elaine Sembrano stated as a measure to

protect children from crime, violence and harm, children shall not loiter, roam or
play on the streets, roads, plazas, parks, internet shops or cafes, amusement or
gaming facilities or other public places or establishments in the city between 9 pm
to 4 am.

The prevailing curfew for minors in the city is from 7 pm to 5 am pursuant to

existing local ordinances. For purposes of the proposed amendatory ordinance, a
child or children is defined as a person or persons below 16 years of age

On the other hand, an adult purporting to be their guardian, parents or authorized

custodian within the third degree of relationship, either by consanguinity or
affinity, shall be penalized under other applicable laws and ordinances once they
allow their wards to loiter, roam and play around the city during the prescribed

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curfew hours. Likewise, the ordinance stipulated internet cafes or shops or
amusement gaming facility owners or managements, who allow a child or children
to loiter in their establishments during the prescribed curfew hours shall be meted
out the new fines and penalties, specifically a fine of P3,000 for the first offense, a
fine of P5,000 for the second offense, and closure of business establishment or
non-renewal of business permit of the concerned establishment for the third
offense. The ordinance shall take effect pursuant to the pertinent provisions of
Republic Act (RA) 7160 or the Local government code of the Philippines.

Sembrano said the proposed amendments that will be introduced to the existing
curfew for minors is intended at addressing the recent developments wherein
children are required to conduct researches in their studies, thus, they are obliged
to stay in the internet cafes to do their respective homeworks considering that some
of them do not have internet connections in their residences.

It has been observed that even with the prescribed curfew for minors which is
scheduled at around 7 pm, minors continue to loiter, roam and play around internet
cafes, shots, parks and public places and that they are even wearing their school
uniforms without being apprehended by concerned police authorities and personnel
of the City Social Welfare and Development Office.

Students have complained that the 7 pm curfew for minors provided under existing
ordinances is too early considering that there are also some educational institutions
that dismiss their afternoon classes close to the scheduled curfew that is why they
are often seen loitering, roaming and playing around the city’s public places and
that in most instances, they are often apprehended by authorities while going to the
designated terminals of jeepneys to go home.

Anti-Bullying Ordinance - Mayor Mauricio Domogan approved the Ant-Bullying

Ordinance of Baguio City passed by the city council last June 5.

Authored by Vice Mayor Edison Bilog, Ordinance No. 59 series of 2017 seeks to
prevent acts of bullying from being committed against students in the city.

Bilog said the measure is a must since incidents of bullying have been very
rampant of recent.

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“On many occasions, bully-students have been harassing, vexing and even killing
other students. These incidents have become alarming as it compromises the
emotional, social, and psychological growth of students. Also, it hinders the
exercise of the students of their rights to quality education and healthy educational
environment. Lastly, it affects the peace and order situation in the City,” Bilog
said. In the ordinance, the different acts of bullying were defined thus:

Cyber-bullying “refers to any acts of bullying which results in harassment,

intimidation or humiliation through electronic means or other technology, such as,
but not limited to texting, email, instant messaging, chatting, internet, social
networking websites or other platforms or formats as per Department of Education
Order No. 40 series of 2012.”

Emotional bullying “is manifested through repeated name calling, ignoring a

student intentionally, students whispering amongst themselves in front of another
student, keeping secrets away from a ‘friend,’ eye-rolling, embarrassing another
student based on religion, physical appearance and financial status and silent but
hurtful body motions like pointing, signing dirty fingers or face-making. It also
includes shouting slanderous statements, directing foul language and profanity and
harassing and provoking victims.”

Physical bullying “refers to punching, pushing, showing, kicking, slapping,

tinkering, headlocks, school pranks, teasing, fighting and using available weapons,
and all other unwanted, sudden physical contact between a bully and a victim
leaving the latter defenseless” while psychological bullying “refers to any acts of
causing psychological or emotional damage to any pupil or student or learner
because of spreading malicious and nasty rumors about them. It includes the
experience of being excluded from a group or ‘ganged-up’ on” and sexual bullying
is the physical touching of “the private parts like legs, breasts, buttocks, or genitals
of the student.” As decreed, any student or pupil or learner is prohibited from
committing any acts of bullying against another pupil or learner or student.

“The school, college or university is mandated to prevent any acts of bullying

inside their school, college or university premises and during school-sanctioned

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activities. The school, college or university is mandated to act immediately on the
complaints of bullying committed by their students and within their premises.”

“On the other hand, parents or guardians of the pupils or students are also
mandated to prevent any acts of bullying inside and outside their school premises.
The parent or guardian is mandated to appear before the Child Protection
Committee or Anti-Bullying Committee or before the appropriate law enforcement
agency when called upon during their investigation.”

The ordinance also prohibits school personnel whether teaching or administrative,

parents and/or guardians from instigating, initiating or bringing about acts of
bullying among students and from omitting to report any acts of bullying and any
person from fabricating any allegations of bullying inside and outside any school,
college or university premises.

Under the measure, every school, college or university in the city is mandated to
create a Child Protection Committee or Anti-Bullying Committee composed of
principal or university president, representative of parents, guidance counselor or
its equivalent, student or pupil or learner council president and representative of
the teaching or academic staff, and representative from the community as
designated by the Barangay Council for the Protection of Children that will come
up with policies to address bullying.

The policies must include the following provisions: “Forbid acts of bullying within
the campus, in property adjacent to it, during school activities regardless of
location, in school buses and other vehicles owned, leased or used by the school,
and through the use of electric devices owned, leased or used by the school and
forbid acts of bullying that may not directly involve these but create a hostile
environment for victims at school, infringe on their rights at school, or materially
or substantially disrupt the education process or the orderly operation of the
school;

“Prohibit the retaliation against a person who witnesses and/or reports an act of
bullying;

“Establish clear procedures on how to report an act of bullying;

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“Show how to report in anonymity, provided that no disciplinary administrative
action may be taken against a student on the sole basis of an anonymous report;

“Set procedures that would promptly respond to and investigate reports of bullying
or retaliation;

“Identify the range of disciplinary administrative actions that may be taken against
a perpetrator that are commensurate with the nature and gravity of the offense;

“Establish procedures and strategies on how to restore sense of security for victims
and those who have reported or witnessed an act of bullying and assess their needs
for protection; “Define procedures on notifying parents and guardians of both the
victim and perpetrators to ensure that acts of bullying would no longer continue
and indorse to the proper law enforcement agencies in case criminal charges are
pursued;

“Include a provision that students who make false accusations of acts of bullying
are subject to disciplinary administrative actions;

“Establish a strategy on providing necessary counseling for perpetrators, victims

and their parents or guardians; and

“Educate parents and guardians about acts of bullying including cyber bullying, the
policies regarding them, how they can help and support such policies at home.”

After the enactment of these policies, the school, university or college is mandated
to provide copies of their anti-bullying policies to students and their parents and/or
guardians, include them in their student handbook and conspicuously posted on
walls and websites.

The measure also specified procedure in pursuing criminal and administrative

prosecution of the bullying cases.

Penalties will be as follows:

*For students who are not criminally exempted from liability and who committed
acts of bullying against another student, three to six months imprisonment and a
fine of P5,000;

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*For school, university or college, one month imprisonment and ₱5,000 fine on the
school president, school administrator and members of the board if the school,
college or university grossly neglect and willfully failed to act on any complaints
of bullying committed by their student;

*For school personnel whether teaching or administrative, parents and/or guardians

and students not criminally exempted if they are found guilty of instigating,
initiating or bringing about acts of bullying among students, one month
imprisonment and ₱5,000 fine;

* For school personnel whether teaching or administrative, parents and/or

guardians, and students not criminally exempted if they willfully and feloniously
omit to report any acts of bullying witnessed, three-month imprisonment and
P5,000 fine; and

*For any person who fabricates allegations of acts of bullying, six-month

imprisonment and P5,000.7

Not only should Baguio be revered for its breath-taking views and cool
breeze of fresh air, but also for its rich legislative history and note-worthy
ordinances that contributed to the City’s growth.

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References:

The City Government Of Baguio

http://www.baguio.gov.ph/content/anti-distracted-pedestrian-edict-city-proposed

http://www.baguio.gov.ph/content/anti-bullying-ordinance-approved

http://www.baguio.gov.ph/content/changes-city%E2%80%99s-anti-smoking-ordinance-proposed

http://baguio.gov.ph/content/%E2%80%9Csilent-night%E2%80%99-ordinance-city-proposed

http://www.baguio.gov.ph/content/amendment-baguio-curfew-ordinance-proposed

http://www.baguio.gov.ph/content/council-okays-plastic-free-baguio-ordinance

http://www.baguio.gov.ph/about-baguio-city

https://en.wikipedia.org/wiki/Legislative_district_of_Baguio

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