You are on page 1of 4

Republic of the Philippines

Province of Cebu
MUNICIPALITY OF SAN FRANCISCO

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPTS FROM MINUTES OF THE 13th REGULAR SESSION FOR CALENDAR YEAR 2019 OF THE 11th SANGGUNIANG BAYAN OF SAN
FRANCISCO, CEBU, HELD AT THE MUNICIPAL SESSION HALL ON OCTOBER 1, 2019.

PRESENT:
HON. ALLEN A. ARQUILLANO SB Member/Temporary Presiding Officer
HON. SEVERINO O. GOK-ONG, JR. SB Member
HON. REY A. TINDOY SB Member
HON. RUBEN O. RANA SB Member
HON. ISRAEL B. GARRIDO SB Member
HON. ALAN R. ARROJADO SB Member
HON. FRANCIS N. LUCERNAS SB Member
HON. ATHEN M. ARQUILLANO SK FEDERATION PRESIDENT/Ex-officio Member

ABSENT:
HON. ALY A. ARQUILLANO Municipal Vice Mayor (O.B.)
HON. ROEL P. ANDRADE SB Member
HON. NERISA L. ARQUILLANO ABC PRESIDENT/Ex-officio Member (PRIVILEGE: BIRTHDAY LEAVE)

RESOLUTION NO. 111-2019


A RESOLUTION ENACTING MUNICIPAL ORDINANCE NO. 2019-159, AN ORDINANCE ESTABLISHING THE
BALAY SILANGAN IN THE MUNICIPALITY OF SAN FRANCISCO, PROVINCE OF CEBU, AND PROVIDING GUIDELINES
FOR COMMUNITY INVOLVEMENT IN REFORMING DRUG OFFENDERS INTO SELF-SUFFICIENT AND LAW-ABIDING
MEMBERS OF SOCIETY
WHEREAS, Section 51 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Act of 2002, as
amended (the Act) mandates that Local Government Units shall appropriate a substantial portion of their annual budgets to
assist in or enhance the enforcement of the Act giving priority to preventive or educational programs and the rehabilitation or
treatment of drug dependents;
WHEREAS, the Department of the Interior and Local Government (DILG) issued Memorandum Circular No. 2009-09
(Subject: Unified Actions Against Illegal Drugs and Other Substances), which mandates that it is a principal responsibility of local
authorities to support overall government efforts to address illegal drugs and other substances;
WHEREAS, the Dangerous Drugs Board issued Regulation No. 3, Series of 2016 (Guidelines on Handling Voluntary
Surrender of Drug Personalities), which provides for the guidelines on handling voluntary surrender of drug personalities who
are non-users;
WHEREAS, Section 16 of RA 7160 provides 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;

Now, therefore, on motion of Hon. Alan R. Arrojado duly seconded by Hon. Israel B. Garrido and unanimously carried
by all Members of the Sangguniang Bayan of San Francisco, Cebu, presents and assembled in session,

RESOLVED, as it is hereby resolved, to enact MUNICIPAL ORDINANCE NO. 2019-159, to wit:


MUNICIPAL ORDINANCE NO. 2019-159
AN ORDINANCE ESTABLISHING THE BALAY SILANGAN IN THE MUNICIPALITY OF SAN FRANCISCO,
PROVINCE OF CEBU, AND PROVIDING GUIDELINES FOR COMMUNITY INVOLVEMENT IN REFORMING DRUG
OFFENDERS INTO SELF-SUFFICIENT AND LAW-ABIDING MEMBERS OF SOCIETY
Be it ordained by the Sangguniang Bayan of San Francisco, Cebu in Session assembled:
Section 1. Short Title. - This Ordinance shall be known as the "The Balay Silangan Ordinance 2019 of the Municipality of
San Francisco, Cebu".
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to prioritize the giving of preventive or
educational programs, rehabilitation or treatment of drug dependents, and to support overall government efforts to address
illegal drugs and other substances;
Section 3. Purpose. – The purpose of this Ordinance is to provide measures for reformatory rehabilitation of
surrenderer drug personalities who have not used substances and/or not dependent to these substances, and those who have
availed the plea bargaining agreement, to facilitate their reintegration back to their families and the society, with the involvement
of the community.

Section 4. Definition of Terms. – As used in this Ordinance the following terms mean:
a) Balay Silangan – an LGU-led program designed to provide family-based in-house reformation for drug offenders
based on the concept of Bahay Pagbabago; a reformation center which is implemented to help rehabilitate drug
offenders with the assistance of the community.
b) Drug Personalities – refers to persons who voluntarily submitted themselves to authorities and admitted their
involvement in the illegal drug trade.
c) Drug Surrenderers – refers to persons who voluntarily submitted themselves to authorities for proper intervention and
are assessed as drug users or dependents.
d) LGUs – shall refer to local government units, namely: provinces, cities, municipalities, and barangays.
e) Medical Rehabilitation – refers to the process of helping substance/drug addicted individuals, stop compulsive
substance/drug seeking and use, which may involve a series of bio-psycho-social interventions provided by health
professionals to remove toxins in the body and modify behaviour of the substance/drug dependent.
Municipal Ordinance No. 2019-159
San Francisco, Cebu

f) Reformatory Rehabilitation – refers to the process of rectifying or modifying negative attitude and behaviour to
enable the person to be more productive and acceptable to society, which may include facilitating the reintegration of
the individual back to his family and community.
g) Plea Bargaining – in law, the practice of negotiating an agreement between the prosecution and the defense whereby
the defendant pleads guilty to a lesser offense or (in the case of multiple offenses) to one or more of the offenses
charged in exchange for more sentencing, recommendations, a specific sentence, or a dismissal of other charges.
Section 5. Scope of the Ordinance. – This Ordinance shall provide programs for drug offenders surrendering under
Regulation No. 3 Series 2016 specifically surrenderer drug pushers and those who avail the plea bargaining agreement. This
covers drug offenders requiring Reformatory Rehabilitation with the end goal of reforming drug personalities who are not
violators of Section 15 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002. The program shall be independent
from interventions being undertaken by drug dependents in Drug Abuse Treatment and Rehabilitation Centers and medical
rehabilitation.
This Ordinance allows every institution in the community to be involved as part of the shared social and corporate
responsibility in addressing the threat of illegal drug abuse and operates on the spirit of voluntarism without expenses being
incurred on the part of the patients as well as the government and its instrumentalities. It sustains its existence through the
support coming from the corporate community and civic spirited/cause oriented groups.
Section 6. Revitalization of the Anti-Drug Abuse Councils.
The Barangay Anti-Drug Abuse Councils are mandated to submit to the Municipal Anti-Drug Abuse Council (MADAC)
the updated and validated list of illegal drug personalities not later than the 5th day of the ensuing quarter copy furnished the
MPOC and the MLGOO.
For the Period Deadline of Submission
1st Quarter Not later than the 5th day of April
2nd Quarter Not later than the 5th day of July
3rd Quarter Not later than the 5th day of October
4th Quarter Not later than the 5th day of January of the ensuing year
The MADAC in coordination with the 15 BADACs and relevant institutions and stakeholders in the Municipality shall
formulate an Action Plan for the Reformation Program.
The MADAC shall serve as coordinator for the participation of all stakeholders in the implementation of this Program.
Section 7. Formation of the Municipal Drug Reformation Program Committee. – The MADAC shall be in-charge
in the forming and activation of the Drug Reformation Program Committee. The Committee shall be in-charge of the formulation
of the Action Plan and the adoption of the Program of Instruction (POI) for the implementation of the Balay Silangan Program.
The Committee shall also be responsible in the coordination of the stakeholders and provision of human resource facilities.
Section 7.1 Composition of the Municipal Drug Reformation Program Committee. The Municipal Drug
Reformation Program Committee shall be composed of the following:
1) MADAC
2) The 15 BADACs of the Municipality of San Francisco
Section 7.2 Support Institutions to the Municipal Drug Reformation Program Committee. The 15 Barangays of
the Municipality of San Francisco shall be the support institutions to the Municipal Drug Reformation Program Committee. These
institutions shall provide for the establishment of necessary structures, manpower, funds, and other needs deemed necessary
for providing training and livelihood programs to beneficiaries of the Balay Silangan. They are to update also the list of illegal
drug personalities in their communities.
Section 7.3 Other Implementers of Balay Silangan in the Community.
a) Livelihood Programs and Training DTI Regional Office 7, TESDA, PESO
b) Employment Opportunities TESDA Regional Office 7, PESO
c) Education of Program Beneficiaries DepEd San Francisco, CTU, and Private Schools
d) Religious and Spiritual Concerns Parish Pastoral Council of the St. Joseph Parish
Parish Priest of the St. Joseph Parish
Parish Pastoral Council of the San Roque Parish
Parish Priest of the San Roque Parish
All Religious Groups/Associations in the Municipality
e) Health Concerns of Beneficiaries MHO and Camotes District Hospital
f) Screening of Surrenderers MHO and Camotes District Hospital
g) The MSWDO, Business Sector, Religious Sector, PDEA, PNP,NBI, and the AFP shall also provide support to the Balay
Silangan Program, through providing assistance in the screening of surrenderers and in billeting for program
beneficiaries
h) All Partner NGOs in the Municipality
Section 8. Interventions to be Provided to Drug Personalities Who Are Not Violators of Section 15 of RA 9165
and Are Enrolees/Beneficiaries of Balay Silangan. The following are the interventions that will be provided to the drug
personalities who are enrolled/beneficiaries of the Balay Silangan of San Francisco:
A. General Interventions shall include but may not be limited to:
1. Education and Health
a) Knowledge on illegal drugs.
b) Ill effects of illegal drugs
c) Lecture on RA 9165
2. Psychological/Spiritual/Physical Activities
a) Counselling/Consultative Meetings
b) Moral Recovery Activities
c) Values Formation
d) Personal and Life Skills
e) Community Service
f) Exercises and Sports Activities
g) Family Visitation
Municipal Ordinance No. 2019-159
San Francisco, Cebu

B. Livelihood or Employment Education


a) Green Revolution Program (Gardening)
b) Soap Making
c) Massage Training or reflexology
d) Basic Carpentry
e) Basic Welding and Electrical
f) Basic Haircutting
g) Food Processing
h) Mushroom Culture
Section 9. Establishment of Balay Silangan Center. There shall be established/constructed the Balay Silangan
Center necessary for the Program to be located at the TESDA Building, Barangay Northern Poblacion with the following
amenities:
 Classroom
 Sleeping Areas
 Shower Areas and toilets
 Mess Area/Pantry
 Library
 Clinic (monitored by the MHO)
 Sports Recreation Area
Section 10. Provision of Human Resources Who will Serve as Personnel and Subject Matter Experts (SMEs)
for the Program in Accordance with the Requirements of the POI. The PDEA, PNP, AFP and the MADAC shall be in charge
of finding Personnel and SMEs to man and to facilitate the Program. The LGU shall provide all the needed support to the
Personnel and SMEs for the implementation of the program.
Section 11. Security. PNP Personnel, Tanods, and CAFGUs shall man the facility to ensure the security of the
facility and to discourage the unauthorized departure of people undergoing the Program.

Section 12. Eligibility to the Program. The following personalities are eligible to enter the Program:
a) Drug personalities who voluntarily surrendered and do not belong to the PDEA and PNP Target List, Wanted List and
Watch List, or has any other pending criminal case/s.
b) Drug personalities who availed of the plea bargaining agreement and/or convicted under Section 15 ((Use of
Dangerous Drugs) of RA 9165 are required to undergo Drug Reformation Program which shall serve as alternate
intervention.
c) Drug personalities who served jail terms for violation of the Act are eligible to undergo the Program.
Section 13. Implementation of the Balay Silangan Program. The implementation of the Balay Silangan Program
shall be based on the Comprehensive National Reformation Program Framework designed by concerned agencies
spearheaded by PDEA to assure evidence-based and rights-based activities which conformswith international standards and
principles.
The intervention process may include, but shall not be limited to the following activities:
1. Conduct Supply Reduction initiatives spearheaded by the PDEA Regional Offices with the assistance of, but not limited
to, the territorial units of the PNP aided by Provincial, Regional, National Anti-illegal Drugs Operatives (PDEA, Local
PNP, and Provincial/Municipal Prosecutor).
2. Initiate the conduct of Civil Awareness and Demand Reduction activities from the Municipal down to the Barangay
level, such as, but not limited to:
a) Drug Awareness Seminars/Training/Symposia
b) Preventive Information and Education Campaign
c) Lectures, program, or fora on ill-effects of drug abuse
d) Implementation of measures towards drug abuse prevention and eradication
e) Engage the youths and students in the active information dissemination drive at all levels of the community
(OPR: PDEA, Local PNP supported by: MHO, MSWDO, DepEd Representative, President of the Pederasyon ng
Sangguniang Kabataan, Chairman of the Committee on Peace & Order and Public Safety of the Sangguniang Bayan,
NGOs)
3. Classify drug personalities in accordance with the following DDB Regulations:
a) Regulation No. 2, s. 2016, Providing for the Guidelines on Handling Voluntary Surrender of Drug Personalities
(OPR: PDEA, Local PNP with the support of: LGU through MADAC, PAO Local PNP)
b) Regulation No. 4, s. 2016, Providing for OPLAN SAGIP – Guidelines on Voluntary Surrender of Drug Dependents
and Monitoring Mechanism of Barangay Anti-Drug Abuse Campaign (OPR: Municipal Mayor, 15 BADACs,
BADACs’ Auxilliary Teams, MLGOO, DDB Authorized Representative)
4. Conduct/Evaluation of Situational Analysis to determine peculiarities of concerned communities as basis for
interventions, services, and other requirements to implement the Reformation Program (in consideration of the
following: Demography, Geography, Political situation, etc.) (OPR: DSWD, DILG, and MSWDO)
5. Concerned institutions shall implement their respective Drug Reformation Program in their respective AORs. Eligible
Drug Personalities shall be enrolled to the Program.
The Program shall have the following stages and phases:
A. STAGE 1
 Alcohol, Smoking, Substance Involvement Screening Test (ASSIST)
 Drug Dependency Test
 Medical Test
 Psychological Test
 Background Investigation
B. STAGE 2 – Enrolment to the Balay Silangan
 Phase 1 – One (1) month Reformation Program (mandatory in-house)
Municipal Ordinance No. 2019-159
San Francisco, Cebu

 Phase 2 – Personal and Life Skills (may vary depending on specific cases)
a) Voluntary Surrenderers, subject to the provisions of DDB Regulation No. 3, s. 2016 may be subjected to
an out-patient program for a duration of one to two months.
b) To those who availed of plea bargaining and/or convicted under Section 15 of RA 9165 shall be subject
to in-house intervention programs and orders of the Regional Trial Court.
 Phase 3 - Livelihood and Skills Training Program with skills matching based on capacity and job
opportunities

C. STAGE 3 – Completion of the Program


 All clients who completed the Program will receive a Certificate of Completion
 They will also receive a certificate for the livelihood training
D. STAGE 4. – Monitoring
 All graduates are subject for the after-care program in which they need to report for monitoring purposes
 After-care program depends on the advice of the Balay Silangan
E. STAGE 5 – Livelihood
 There are companies that pledged to hire graduates from Balay Silangan
 Livelihood Programs from Phase III can help to establish businesses
After-care program (still ongoing and depends on the advice of the Balay Silangan Program Reformation Committee).
Section 14. Funding. – The LGU shall be the primary source of fund in the implementation of the Balay Silangan
Program in accordance with RA 9165, RA 7160, and issuances of the DILG.
Private corporations/businesses may also provide funding through Corporate Social Responsibility. The Oversight
Committee together with the representatives of the MADAC and all the 15 BADACs will coordinate for the participation of
stakeholders who are willing to assist in the Program.
Section 15. Monitoring and Reporting. Concerned PDEA/PNP Unit in the Municipality shall submit quarterly reports
on the Drug Reformation Program to the Oversight Committee.
Section 7. Penalty for Non-Compliance. - Any concerned local official found to have violated or failed to perform any
provision of this Ordinance shall be filed of appropriate charges pursuant to Section 32 of RA 9165, RA 7160, and issuances of
the DILG.
Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of this
Ordinance or the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Effectivity Clause. - This Ordinance shall take effect immediately after approval.
ENACTED BY A DULY CONSTITUTED QUORUM OF THE
11TH SANGGUNIANG BAYAN OF SAN FRANCISCO, CEBU THIS 2nd DAY OF OCTOBER 2019.

Certified Correct:
ZENAIDA M. FORMENTERA
Sangguniang Bayan Secretary
Attested:
ALLEN A. ARQUILLANO
Temporary /Presiding Officer
Approved: _________________________________Approved:
__________________________ Date

ALFREDO A. ARQUILLANO, JR.


Municipal Mayor

You might also like