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Republika ng Pilipinas

LALAWIGAN NG ILOCOS SUR


Vigan City
TANGGAPAN NG SANGGUNIANG PANLALAWIGAN
(Office of the SangguniangPanlalawigan)
____________________________________________________
______

DRAFT ORDINANCE

RE: Consolidation of the Two (2) Ordinances Prohibiting Kite


Flying

AN ORDINANCE PROHIBITING KITE-FLYING NEAR THE


HIGHWAYS AND ROADS OF COMMERCE , OR USING THREAD
MADE OUT OF PLASTIC, NYLON OR SIMILAR SYNTHETIC
MATERIAL INCLUDING CHINESE THREAD “MANJA” OR “MEDRO”,
COATED WITH GLASS METALLIC COMPONENTS

Explanatory Note
WHEREAS, Section 5 of 1987 Constitution provides that the maintenance
of peace and order and protection of life, liberty or property and promotion
of the general welfare and essential for the employment by all the people
of the blessings of democracy;
WHEREAS, it is the avowed policy of the Local Government Unit (LGU)
under Section 16 of the Local Government Code that every local
government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, 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;

WHEREAS, kite-flying is a popular sport among young children, students


and adults. However by flying kites near the highways and roads of
commerce, or using thread made out of plastic, nylon or similar such
synthetic material including popularly known Chinese thread “manja” or
“medro” coated with glass/metallic components, this sport may cause
accident or hazardous injury which many times turns out to be fatal
endangering human, animal, life or damaging property;

WHEREAS, Kite-flying threads being a non-biodegradable material, causes


harm to the environment and sometimes result in flash-over on the power
lines and sub-stations, thereby causing power interruptions to consumers,
straining and damaging electrical assets, causing accidents, injuries and
loss of life;

WHEREAS, on September 20, 2020, while Benedict TiponPaiste, a


resident of Barangay An-annam, Bantay, Province of Ilocos Sur, was
traversing along the Diversion Road of Barangay Cabalangegan, Vigan City,
the falling string of a kite slit his throat causing him dead on the Spot;

WHEREAS, by prohibiting the act of flying kites near highways and road
of commerce, or using thread made out of plastic, nylon or similar
synthetic material including Chinese thread “manja” or “medro” coated with
glass/metallic components, and imposing the appropriate corresponding
penalties therefor, people will be forewarned of the consequences of such
act, thereby serving as a deterrent to future wrongdoings that could cause
danger, injury or alarm to persons, animal or damages to property;

WHEREAS,the Provincial Governmet of Ilocos Sur recognizes the need to


introduce stringent policies and legislative measures to prevent and reduce
the number of kite-flying related fatalities in the Province;

NOW, THEREFORE, on motion of Hon. Constante T. Oandasan, duly


seconded, BE IT ENACTED by the SangguniangPanlalawigan of the
Province of Ilocos Sur, in session assembledthat:

Section 1.TITLE. This Ordinance shall be known as “Anti-Kite Flying


near Highways and Road of Commerce or Using Synthetic
Materials Coated with Glass/Metallic Components Ordinance”.
Section 2.DECLARATION OF POLICY. It is hereby the policy of the
Provincial Government to prohibit kite-flying near highways and roads of
commerce or using synthetic materials coated with glass/metallic
components as a measure to promote public safety with primordial end-
goal of valuing and saving lives and preventing damages to property.

Section 3.SCOPE AND COVERAGE. This Ordinance shall covers all


persons who do the act of flying kites within the territorial jurisdiction of
the Province of Ilocos Sur.

Section 4. DEFINITION OF TERMS- As used in this Ordinance, the


following terms shall mean: 

a. Kite Flying- It means the flying of a kite at any place as a form of


sport or recreation;

b. Manja/Medro- It is a kind of synthetic material thread for the


purpose of kite flyingcoated with glass/metallic components which
endangers or is likely to endanger human/animal life or cause
destruction or damage to property.

Section 5. PROHIBITED ACTS. It shall be prohibited and it is unlawful


for any person whether natural or juridical, to:

a. Do the act of flying a kite or kites near highways and roads of


commerce;
b. Do the act of flying a kite or kites, using thread or similar synthetic
metallic components like the Chinese thread “manja” or “medro”;
c. Encourage, abet or support any or booth of the above acts of flying a
kite or kites.

Section 6. PENALTIES. Any Violation of this Ordinance, particularly


Section 5 hereof shall be meted with the following penalties:

First Offense- community service of 1 day to 15 days with a fine of


Php 1,000.00;
Second Offense- community service of 16 days with a fine of Php
3,000.00; and
Third Offense- community service of 31 days to 3 months with a fine
of P5, 000.00.

Section 7. SEPARABILITY CLAUSE. In the event or if for any reason,


any part or section of this Ordinance is declared invalid, the rest of it which
are not so declared shall remain valid, binding and of full force and effect.
Section 8. REPEALING CLAUSE. All ordinances, orders, provincial
executive orders, rules and regulations and similar issuances inconsistent
with this Ordinance or any of its provisions are hereby amended, repealed
or modified accordingly.
Section 9. EFFECTIVITY CLAUSE.This Ordinance shall take effect
fifteen (15) days after its publication in a newspaper of general circulation
in the Province of Ilocos Sur.
APPROVED.

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