Republic of the Philippines

PROVINCE OF ZAMBOANGA DEL SUR

SANGGUNIANG PANLALAWIGAN
Pagadian City
OFFICE OF THE SECRETARY TO THE SANGGUNIANG PANLALAWIGAN

PROVINCIAL ORDINANCE NO. 036-2020

Sponsored by: Hon. Franscisvic S. Villamero

AN ORDINANCE PRESCRIBING FOR THE RULES AND REGULATIONS OF THE MODIFIED

GENERAL COMMUNITY QUARANTINE (MGCQ) IN THE PROVINCE OF ZAMBOANGA
DEL SUR AND IMPOSING SANCTIONS AND PENALTIES TO THE VIOLATORS THEREOF
AND AMENDING FOR THE PURPOSE PROVINCIAL ORDINANCES NO. 034-2020 AND NO.
026-2020.

WHEREAS, it is expressly stated under Article II, Section 15 of the 1987 Philippine
Constitution that “the State shall protect and promote the right to health of the people and instill
health consciousness among them” and under Section 16, commonly known as the General Welfare
Clause of the Local Government Code of 1991, it is explicitly provided that the general welfare of the
people must always be the paramount consideration, a provision which can be relied upon by the
local government units to justify whatever actions, decisions or legislation it may take so long as
there is a showing that the exercise thereof is for the attainment of the people’s welfare;

WHEREAS, in order to intensify the response of the provincial government for the
prevention and control of COVID-19, Hon. Victor J. Yu, Provincial Governor of Zamboanga del Sur
issued two (2) executive orders, namely: (1) Executive Order No. 04-2020, dated 14 March 2020, that
declared indefinite suspension of classes in all levels and postponement of all public activities and
gatherings in the Province of Zamboanga del Sur and (2) Executive Order No. 06-2020, dated 15
March 2020, that declared the Province of Zamboanga del Sur under community quarantine
suspending all incoming travel by land, sea and air from abroad, Manila and other provinces;

WHEREAS, His Excellency President Rodrigo R. Duterte and the COVID-19 Inter-Agency
Task Force on 24 April 2020 classified the Province of Zamboanga del Sur as low risk area that is to
remain under general community quarantine beginning 1 May 2020 and so with this, Hon. Victor J.
Yu, Provincial Governor of Zamboanga del Sur, issued Executive Order No. 2020-14, dated 29 April
2020, which in effect placed the entire province under general community quarantine;

WHEREAS, effective June 01, 2020, the entire province has been placed under MGCQ;

WHEREAS, pursuant to Section 468 of the Code, the Provincial Government of Zamboanga
del Sur, through the Sangguniang Panlalawigan, has the sworn duty to carry out measures that will
enhance the public health, safety and promote the general prosperity of the inhabitants;

NOW, THEREFORE, be it enacted by the Sangguniang Panlalawigan of the Province of

Zamboanga del Sur, in regular session assembled, that:

Section 1. Title. – This Ordinance shall be known as “An Ordinance Prescribing for the
Rules and Regulations of the Modified General Community Quarantine (MGCQ) in the Province
of Zamboanga del Sur and Imposing Sanctions and Penalties to the Violators Thereof and
Amending for the Purpose Provincial Ordinances No. 034-2020 and No. 026-2020.”

Section 2. Declaration of Policy. – Pursuant to the constitutional principle that recognizes

the protection of life and the promotion of the general welfare as essential for the enjoyment of the
blessings of democracy, it is hereby declared the policy of the Province of Zamboanga del Sur to
protect the lives of its people and ensure public safety, peace, order and security against COVID-19
at all times and whenever possible mitigate the effects of said disease within the province.

Section 3. Scope and Application. – This ordinance shall apply to public and private
individuals, non-government and civic organizations, Overseas Filipino Workers (OFW) coming
into the province, religious organizations, government and private agencies, public and private
educational institutions, local government units within the province and business establishments
operating within the territorial jurisdiction of Zamboanga del Sur.

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 Section 4. Purpose. – It is the purpose of this Ordinance to prescribe guidelines and
precautionary measures for the prevention of the transmission of COVID-19 within the territorial
jurisdiction of this province in furtherance of the protection of the lives of its people and the keeping
and maintenance of the public safety, peace, order and security.

Section 5. Guidelines. – In order to safeguard the local populace of Zamboanga del Sur
against the threats of COVID-19, all public and private individuals, non-government and civic
organizations, Overseas Filipino Workers (OFW) coming into the province, religious organizations,
government and private agencies, public and private educational institutions, local government
units within the province and business establishments operating within the territorial jurisdiction of
Zamboanga del Sur are hereby required to observe the guidelines hereunder provided, viz:

1. All persons are not allowed to engage in unnecessary and non-essential activities outside
their respective houses during the enforcement of the MGCQ;

2. All persons are required to wear facemasks in all public places outside their residences
especially in public markets, malls, grocery stores and other similar establishments that
cater more than one (1) person at a time;

3. Strict physical distancing in public places of not less than one (1) meter shall be observed
at all times for the duration of the modified general community quarantine (MGCQ) in
accordance with national guidelines and health advisories;

4. All business establishments and MLGUs shall close not later than 9 o’ clock in the
evening, except in Pagadian City which may impose later curfew for some
establishments as may be necessary;

5. All establishments and offices resuming operations must implement safety and
precautionary measures like mandatory temperature check, wearing of facemasks and
alcohol use in their respective establishments in accordance with DOH and IATF-MEID
guidelines;

6. All public transports are hereby allowed to resume operation or continue operation
within the province; provided, that public transport vehicles are mandated to carry only
fifty (50%) percent or less of their normal capacity, ensure the observance of strict
physical/social distancing, the use of alcohol or hand sanitizers and wearing of
facemasks and other means of coverings for all passengers and drivers at all times as
well as provide protective dividers/coverings. PUJ’s and vans are required to install and
place separators between passengers;

7. Private vehicles shall continue to observe strict physical/social distancing as follows:

a.) Pick-ups – one driver and three (3) passengers inside the vehicle;
b.) SUVs and like vehicles – one (1) driver and three (3) or five (5) passengers as the case
may be;
c.) Vans – one (1) driver plus fifty (50%) percent of the seating capacity;
d.) Sedans and like vehicles – one (1) driver and three (3) passengers;
e.) Other Vehicles – driver and fifty (50%) percent of the seating capacity;
f.) Cargo Vehicles – driver and fifty (50%) of the seating capacity which shall not be
more than four (4) persons;
g.) Single motorcycles may be allowed to carry one (1) back-rider, subject however, to
applicable national regulations;
h.) Six (6)-seater Tricycles are allowed to carry three (3) passengers at a time, without
back-rider;
i.) Four (4)-seater Tricycles are allowed to carry two (2) passengers at a time observing
physical distancing, without back-rider;
j.) Three (3)-seater Tricycles are allowed to carry two (2) passengers at a time observing
physical distancing, without back-rider;
k.) Two (2)-seater Tricycles are allowed to carry one (1) passenger at a time observing
physical distancing, without back-rider;

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 8. Curfew throughout the province shall be implemented by the municipal local
government units provided that it shall not be later than 9 o’clock in the evening and
ends not earlier than 5 o’clock in the morning. Provided further that even before the
curfew, bystanders, loiterers, individuals with no business outside their homes being not
listed as front liners or have no emergency matters work to attend to, are mandated not
to get out of their homes during the curfew. LGUs may, however, implement special
curfew hours on minors during the enforcement of the MGCQ. The City of Pagadian
may impose a curfew hours, but not later than twelve (12) midnight;

9. All OFWs and LSIs returning to the Province of Zamboanga del Sur shall be required to
present medical certificates and travel authority. In addition, returning OFWs and
returning residents of the Province of Zamboanga del Sur shall undergo a fourteen (14)-
day quarantine in their respective homes or barangay health facilities to ensure safety of
the community. The City Health Officer/Rural Health Officer shall strictly monitor their
quarantine period;

10. Transport of cadavers shall be required to secure a certificate to transport. In addition,

the person in-charge must secure a certification to transport from the hospital or medical
facility indicating the deceased is COVID-19 free.

Section 6. Sanctions and Penalties.- Any person who violates Section 5 of this Ordinance
shall suffer the following fines, sanctions and penalties:

1. Any person who is found outside of their house engaging in non-essential and
unnecessary activity in violation of Section 5, paragraph 1 of this Ordinance shall be
penalized with a fine of Five Hundred (500.00) pesos;

2. Any person who violates Section 5, paragraph 2 of this Ordinance shall be penalized
with a fine of Five Hundred (500.00) pesos;

3. Any person who violates Section 5, paragraph 3 of this Ordinance shall be penalized
with a fine of Five Hundred (500.00) pesos;

4. Business establishments which violate Section 5, paragraph 4 of this Ordinance shall be

penalized with a fine of Two Thousand (Php 2, 000.00) pesos for the first violation; Two
Thousand Five Hundred (Php 2, 500.00) pesos for the second violation and Three
Thousand (Php 3, 000.00) pesos for the third and subsequent violations;

5. Business establishments which violate Section 5, paragraph 5 of this Ordinance shall be

penalized with a fine of One Thousand (Php 1, 000.00) pesos for the first violation; One
Thousand Five Hundred (Php 1, 500.00) pesos for the second violation and Two
Thousand (Php 2, 000.00) pesos for the third and subsequent violations;

6. Operators and/or drivers of public transport vehicles who violate Section 5, paragraph 6
of this Ordinance shall be penalized with a fine of Three Thousand (Php 3, 000.00) pesos
for the first violation; Four Thousand (Php 4, 000.00) pesos for the second violation and
Five Thousand (Php 5, 000.00) pesos for the third and subsequent violations;

7. Drivers of private vehicles, tricycles and single motorcycles who violate Section 5,
paragraph 7 of this Ordinance shall be penalized with a fine of One Thousand (Php 1,
000.00) pesos for the first offense; a fine of Two Thousand (Php 2, 000.00) pesos for the
second offense and a fine of Three Thousand (Php 3, 000.00) pesos for the third and
every subsequent violation thereof;

8. Violators of Section 5, paragraph 8 of this Ordinance shall be penalized with a fine of

Five Hundred (Php 500.00) pesos;

9. OFWs and LSI’s returning in the province in violation of Section 5 paragraph 9 of this
Ordinance shall be penalized with a fine of Two Thousand (Php 2, 000.00) pesos;

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 10. The person in-charge of the transport of cadaver who violates Section 5, paragraph 10 of
this Ordinance shall be penalized with a fine of Five Hundred (Php 500.00) pesos.

If the violator is a minor, the penalty as herein provided shall be imposed upon the parents
or guardian of the said minor who appear to have allowed or permitted the violation.

Section 7. Repealing Clause. All other previous local enactments and resolutions
inconsistent with this Ordinance are hereby repealed or modified accordingly.

Section 8. Saving Clause. – In the event that a provision of this Ordinance is pronounced or
decreed invalid or unconstitutional, all other provisions herein not affected by such pronouncement
or decree shall remain in full force and effect.

Section 9. Effectivity Clause. – This Ordinance shall take effect ten (10) days after posting
and shall be enforced until the MGCQ of the Province of Zamboanga del Sur shall have been lifted.

ENACTED AND APPROVED this 4th day of June 2020 during the 41st Regular Session of the
th
10 Provincial Board at the SP Session Hall of SP Building, Provincial Government Center, Barangay
Dao, Pagadian City, Philippines.

VERIFIED: ATTESTED:

FRANCISVIC S. VILLAMERO ROSELLER L. ARIOSA

Floor Leader Presiding Officer

APPROVED:

VICTOR J. YU
Provincial Governor

I HEREBY CERTIFY that the foregoing is an accurate and true excerpt of the Minutes of the
Session per available records of this Office:

ANNALYN OBATE-ABSIN, RN, CESE

Secretary to the Sangguniang Panlalawigan