PRESENT: Hon. Robert N.

Cong, City Vice Mayor

Presiding Officer
Hon. Salutario B. Cuasito, SP Member
Hon. Harris Glenn D. Puyot, SP Member
Hon. Lorito Q. Maragañas, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Ceasar Jomer Y. Ong Oh, SP Member
Hon. Ernesto G. Tapales, SP Member
Hon. Mark Lito O. Polgarinas, SP Member, CSK Federation Pres.

ABSENT: Hon. Ernie M. Ceniza, SP Member/Plenary Floor Leader

(O.B in Laoag City)
Hon. Daniel O. Racaza, SP Member
(On Leave)
Hon. Lito B. Bulasa, SP Member, Liga ng Barangay Pres.
(On Official Business)

CITY ORDINANCE NO. 2009-14

AN ORDINANCE ESTABLISHING THE NECESSITY FOR A PINK
CARD AS MANDATORY REQUIREMENT AND AS A CONTINUITY OF
EMPLOYMENT AMONG WORKERS IN BUSINESS ESTABLISHMENTS
IN THE CITY OF CABADBARAN AND FOR OTHER PURPOSES.

WHEREAS, it is a state policy to secure the health among its people,

providing therein the necessary measures for their own health improvement;

WHEREAS, proper sanitation and clean environment make our

community away from hazardous epidemics furthermore maintaining a healthy
ambience;

WHEREAS, it is the local government unit’s initiative and commitment to

ensure that quality measures are made to curtail possible disease outbreaks
in the community through preventive legislation and its effective
implementation.

BE IT ORDAINED, by the 1st Sangguniang Panlungsod, in its 92 nd

Regular Session assembled, that:

TITLE I

PRELIMINARY PROVISION

SECTION 1. Title - This ordinance shall be known and cited as PINK

CARD ORDINANCE.

SECTION 2. Scope and Applicability - In upholding the fundamental

law of the land, the 1987 Philippine Constitution, this ordinance shall apply to all
persons in the area of jurisdiction of the City of Cabadbaran.
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SECTION 3. Declaration of Policy and Purpose - It is the policy of

the City of Cabadbaran to put in paramount concern of the health of its
constituents and to ensure a community free from any health hazard, threat from
diseases and whatever form of contamination.
The purpose of this ordinance is to set preventive measures for the
curtailment of whatever possible disease outbreak.

SECTION 4. Definition of Terms- this Ordinance defines the following

terms:

a. Business Establishment - any establishment serving and/or offering

to its customers or patrons food, drinks, and
services of different kinds including escorts to a
customer, these include the following but not
limited to, beer gardens, disco pubs, KTV lounges,
resto bars, local wine shops, carenderia, “painitan”,
burger stands, barbecue stations, and restaurants
of any class.

b. Health Office - shall mean the City Health Unit of the City of
Cabadbaran headed by the City Health Officer.

c. Pink Card - pertains to a duly issued card by the City Physician

indicating therein his/her signature signifying that
a medical check-up had been performed on the
holder thereon. The card shall measure three (3)
inches by four (4) inches, indicating the complete
name of the holder with his/her corresponding
2 x 2 I.D picture, the date of the check-up and
its expiration, the signature of the City Physician,
and the logo of the LGU-Cabadbaran.

For purposes of identification, the card’s color is not required to be

pink but may change its color from year to year for easy recognition and set
as precautionary measures from infringement.

d. Worker - any person who is a member of the workforce and hired

for a consideration or payment.

e. Owner-Employer/Proprietor - any person aligned himself in business,

put up substantial capital and property/ies intended for
such business and/or held in trust the management and
supervision of the same.

f. Persons in Authority - shall refer to the PNP-Cabadbaran Personnel,

City Mayor’s Office and City Health Office.
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TITLE II

IMPLEMENTING PROVISION
SECTION 5. Requisites for Securing Permits - Upon the passage of
this ordinance, it shall now be a part of the requirement in securing Mayor’s Permit
and City Business and License Permit of the owner-employer/proprietor, a machine
copy/ies of the pink card of all its workers as an evidence of compliance of this
ordinance.

SECTION 6. Monolithic Measure in Meritorious Manner - It shall now

be mandatory for the workers as herein defined, for their employment and
continuity of employment the possession of a pink card.
Upon payment of the amount of Seventy Five Pesos (Php 75.00) only,
exclusive of the usual fees necessary for laboratory and clinical test to the City
Treasurer’s Office, the latter will issue to the applicant the Official Receipt (OR), the
applicant will present the OR before the City Physician who in turn conduct
medical/physical examinations.

If ever the worker or applicant for the pink card fails the medical/physical
examinations, he/she shall be given a reglementary period of two (2) months to
rest, after which he/she shall be entitled to another medical/physical checkup
without any additional payment or the need of another Official Receipt (OR).
However, the subject applicant shall be charged the usual laboratory fees and other
clinical testing fees.

SECTION 7. Listing of Diseases - It shall be the duty of the City

Physician to list and make a growth graph for identifying different kinds of diseases
and submit the same to the Office of the City Mayor, so that necessary medicines
for the common diseases in the area of jurisdiction of the City of Cabadbaran shall
be preferentially procured. In all instances, utmost confidentiality of the holder or
person affected with the disease shall be maintained and never in the growth graph
that names of persons affected with the disease shall appear.

SECTION 8. Standard Scope - The provisions of this ordinance must be

applied on the following business establishments, to wit: beer gardens, disco pubs,
KTV lounges, resto bars, local wine shops, carenderia, “painitan”, burger stands,
barbecue stations and restaurants of any class. This provision shall also
encompass a newly-formed business establishment not otherwise expressly
mentioned in this section but directly analogous to or similar in nature with the
business herein listed.

A systematic scheme shall then be adopted by way of creating a Directive

Bureau on the City’s Health Growth Performance (DBC-HGP). The implementing
group shall be composed of a representative from the City Mayor’s Office; City
Treasurer’s Office; City Health Office; PNP Cabadbaran and the Committee
Chairman on Committee on Health, Sangguniang Panlungsod Office. The group
shall be primarily responsible in formulation of the necessary means to be
employed in carrying out the intent of this ordinance.
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TITLE III

PROVISION ON PENALTIES AND CORRECTIVE MEASURES

SECTION 9. Well- Balance Warning - Within six (6) months from the
approval of this ordinance, sufficient notice and warning shall be communicated to
all business establishments mentioned in this ordinance. The implementing group
shall have the task of information dissemination of this ordinance within the area of
jurisdiction of the City of Cabadbaran. Within the same period, it is understood that
there shall be no arrest or penalties imposed upon violators of this ordinance.

SECTION 10. Penal Provision - persons covered under the definition of

this ordinance as workers who fail to secure the pink card shall be subjected to the
following schedule of penalties;

1st offense - Php 500.00

2nd offense - Php 1,000.00
3rd offense - Php 1,500.00 and/or imprisonment
of two (2) months upon the
discretion of the court.
Committed beyond
the 3rd offense and
oftener. - Php 2,000.00 and/or imprisonment
of two (2) months but not
more than six (6) months
upon the discretion of the
court.

SECTION 11. Subsidiary liability of the Owner-Employer/

Proprietor - In cases where the worker had been found to be not in possession
of a pink card and that the worker cannot provide for the penalties as herein
provided, the owner-employer/proprietor shall be subsidiary liable and may opt for
the payment of the penalty or the closure of the establishment.

TITLE IV

FINAL PROVISION

SECTION 12. Implementing Clause - The Office of the City Mayor shall,
within three (3) months from the approval of this Ordinance create the
implementing group to be known as Directive Bureau on the City’s Health Growth
Performance (DBC-HGP). The group shall be responsible for the formulation of
the Implementing Rules and Regulations and the enforcement of this Ordinance.

SECTION 13. Repealing Clause - Any provision of the existing

ordinances, regulations and orders/issuances inconsistent with this ordinance are
hereby repealed and modified accordingly.
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SECTION 14. Separability Clause - Should any provision on this

ordinance be declared invalid or unconstitutional, the remaining provisions not
affected therein shall remain valid and existing in full force and effect.

SECTION 15. Effectivity - This Ordinance shall take effect upon the
completion of the Implementing Rules and Regulations (IRR) and the
posting of the same has been complied with.

ENACTED AND APPROVED: AUGUST 20, 2009

Author : Hon. Harris Glenn D. Puyot
Co-authors : Hon. Raykito M. Kittilstvedt
Hon. Mark Lito O. Polgarinas
Movant : Hon. Harris Glenn D. Puyot
Seconder : Hon. Raykito M. Kittilstvedt

CERTIFIED CORRECT:

ROBERT N. CONG
City Vice Mayor
Presiding Officer

SALUTARIO B. CUASITO HARRIS GLENN D. PUYOT

SP Member SP Member

ERNIE M. CENIZA DANIEL O. RACAZA

SP Member SP Member
(ABSENT: O.B. in Laoag City) (ABSENT: On Leave)

LORITO Q. MARAGAÑAS RAYKITO M. KITTILSTVEDT

SP Member SP Member
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CEASAR JOMER Y. ONG OH ERNESTO G. TAPALES

SP Member SP Member

LITO B. BULASA MARK LITO O. POLGARINAS

SP Member, Liga ng Barangay Pres SP Member, CSK
Federation Pres. (ABSENT: On Official Business)

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod

Submitted to the Mayor

Date: ______________

APPROVED:

DALE B. CORVERA
City Mayor

lmbcityordno2009-14