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EXCERPT FROM THE JOURNAL OF THE REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF NORTHERN SAMAR HELD ON SEPTEMBER 2, 2011, AT 10:55 O’CLOCK IN THE MORNING AT ITS SESSION HALL, CAPITOL BUILDING, CATARMAN, NORTHERN SAMAR
ORDINANCE NO. 09 Series of 2011 AN ORDINANCE REQUIRING THE MANDATORY REGISTRATION OF ALL FORMS OF RECRUITMENT AND PLACEMENT ACTIVITIES CONDUCTED IN A BARANGAY, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES
========================================================== Introduced by: JOSE F. LAYON Member, Sangguniang Panlalawigan Co-sponsored by: REYZANDRO A. UNAY Member, Sangguniang Panlalawigan ======================================================= WHEREAS, it is hereby declared that the State values the dignity of every human person and guarantees the respect for individual rights. In pursuit of this policy, the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, not only to support trafficked persons, but more importantly, to ensure their recovery, rehabilitation, and reintegration into the mainstream of society; WHEREAS, it is likewise the State policy to recognize the equal rights and the inherent human dignity of women and men as enshrined in the United Nations’ Universal Declaration of Human Rights, United Nations Convention on the Rights of the Child, United Nations’ Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; and all other international conventions to which the Philippines is a signatory;
WHEREAS, in 2006, according to Visayan Forum Foundation Inc., and Plan Philippines, the problem of trafficking in persons in the Province of Northern Samar proved to be alarming when sixty nine (69) trafficked victims, coming from the municipalities of Allen, Mapanas, Catubig and Las Navas and mostly minors from thirteen (13) to sixteen (16) years old; WHEREAS, despite concerted efforts in combating the proliferation of human trafficking incidents, still it is prevailing in the country, especially in the Province of Northern Samar; WHEREAS, the victims of the crime of trafficking in persons are usually residents of far-flung barangays of the province and said crime is being perpetrated under the pretext of job recruitment and placement services or activities; WHEREAS, it is imperative to have a serious examination on the recruitment and placement activities conveniently done at the barangay level and to provide for a stringent requirement in the conduct thereof in order to curtail this social epidemic, being an insult to the rule of law and a violation of the fundamental rights of the individual; NOW THEREFORE, BE IT ORDAINED by the Sangguniang Panlalawigan in session assembled, that: Section 1. TITLE - This ordinance shall be known as the “BARANGAY RECRUITMENT AND PLACEMENT REGISTRATION ORDINANCE OF 2011” Sec. 2. . DEFINITION OF TERMS – For purposes of this Ordinance the following terms are defined as follows: a. Recruiter – any person, natural or juridical, engaged in the recruitment and job placement of people, whether or not it has valid Authority/ License/ Permit duly issued by the POEA or DOLE. b. Authority/ License/ Permit – the certificate or document issued by a government agency, such as the DOLE and the POEA authorizing a recruiter to engage in some form of recruitment and placement activity. Sec.3. MANDATORY REGISTRATION – All persons, intending to conduct recruitment and placement activities in a barangay, within the jurisdiction of the Province of Northern Samar, must register such intent with the office of the Punong Barangay of the barangay concerned. The act of registering said intent shall be considered as an application for a Barangay Permit to conduct recruitment and placement activities within the barangay. No such recruitment and placement activity shall be carried out without a Barangay Permit duly issued by the Punong Barangay, in accordance with Sections 4 and 6 of this ordinance. The requirements imposed under this Ordinance shall be in addition to any other requirements that are or may hereinafter be imposed by any other law or ordinance. Sec. 4. REGISTRATION PROCESS –
ORDINANCE NO. 09, SERIES OF 2011
A. The recruiter shall submit to the Office of the Punong Barangay the following documents: 1. Certificate of Registration with the Securities and Exchange Commission, if it is a corporation or a partnership; 2. Business Permit from the Local Government Unit where its principal office is located; 3. Certificate of Registration duly issued by the Bureau of Internal Revenue; 4. Certificate of Registration duly issued by the DOLE, in cases of domestic job placement, or POEA, in cases of overseas job placement; 5. Job Order(s) coming from recruiter’s client or the prospective employer(s), indicating the complete address and contact numbers of the employers, the actual place of work, the number of persons needed for the job, the job description, the required skills, talent, and educational attainment of the recruit. B. The Punong Barangay shall use a Special Registration Book to record the intent to conduct a recruitment or placement activity of a person or a recruitment entity and shall include: 1. The registered name of the recruitment entity and its principal address; 2. The kind of Authority/ License/ Permit, to engage in recruitment and placement activities, issued to it by the DOLE, POEA or any other competent government agency; 3. The names, personal circumstances and addresses of the representative who will conduct the actual recruitment and placement activities in the barangay, and; 4. Such other details or relevant information, such as the skill, talent, age, gender, and educational attainment required from recruits, the kind of job the recruit will do, destination or place of work of a recruit and the recruit’s employer. All the documents submitted to the Office of the Punong Barangay shall form part of the Special Registration book. C. The Punong Barangay shall issue a Barangay Permit if, after conducting due verification, he should find that the recruitment entity: 1. Is duly organized and existing under the law, 2. Has a legal and valid Authority/ License/ Permit to engage in recruitment and placement activities, 3. Is not going to engage in the recruitment of barangay residents, particularly women and children, for an immoral and illegal employment, work, trade or profession, and; 4. In general, is going to undertake a legal and bona fide recruitment and placement activity in the barangay. D. The Punong Barangay shall continue to conduct monitoring of activities of recruiters issued with barangay permits.
ORDINANCE NO. 09, SERIES OF 2011 Page 3
E. The Punong Barangay must require recruiters to submit list of recruited individuals, their names, ages and complete addresses for reference and tracking purposes. F. A Punong Barangay may designate or appoint a Sangguniang Barangay Member, through a written authority, to perform some or all of his duties and responsibilities under this ordinance. Sec. 5. DOUBTFUL DOCUMENTS – In cases where the Authority/ License/ permit or any other document presented by the recruitment entity or its representative or any other person is doubtful as to its genuineness or authenticity, the Punong Barangay shall not issue any Barangay Permit until such time that the doubt as to the genuineness or authenticity of such pertinent document has been cleared, established or otherwise validated. Sec. 6. DUTIES AND RESPONSIBILITIES OF THE OFFICE OF THE PUNONG BARANGAY – The Punong Barangay shall have the following duties and responsibilities: a. To accept for registration the intent of a recruitment entity to conduct recruitment and placement activities in the barangay; b. To record in the Special Registration Book the details required under Section 4 of this ordinance; c. To issue a Barangay Permit pursuant to paragraph (C) of Section 4 thereof; d. To stop any recruitment and placement activity made by persons without a Barangay Permit; e. To arrest, or cause to be arrested, the person(s) actually conducting a recruitment or placement activity in flagrant violation of this Ordinance; f. To immediately report to the Municipal Mayor, Northern Samar Provincial Employment Services Office (NSPESO), Philippine National Police, DOLE and POEA any illegal and unauthorized recruitment and placement activity done within the barangay; g. To immediately, report licensed and authorized recruitment entities and their representatives who openly violate the rules and regulations governing recruitment and placement activities to the Municipal mayor, Northern Samar Provincial Employment Services Office (NSPESO), Philippine National police, DOLE and POEA. Any Punong Barangay and Barangay Official who openly disregard, fail, refuse to comply with the provisions of this ordinance or who fail or refuse to perform their duties and responsibilities under this ordinance may be charged with appropriate administrative or criminal actions or both. While the Punong Barangay may designate or appoint a Sanggunian Member to perform his duties and responsibilities under this ordinance, he shall be responsible for the non-performance, misconduct and illegal acts of his designated
ORDINANCE NO. 09, SERIES OF 2011 Page 4
or appointed Sanggunian Member. Thus, the non-performance, misconduct and illegal acts of his designated barangay official or appointee shall be declared as his own acts. Accordingly, the administrative liability of the Punong Barangay and his designated Sangguniang Member or appointee shall be the same. Sec. 7. PENALTIES AND SANCTIONS – The penalty of imprisonment of not more than six (6) months or a fine of not more than Five Thousand Pesos (Php5,000.00) or both at the discretion of the court shall be imposed on the following: a. Any person who shall conduct recruitment and placement activity in a barangay without having first registered with the Punong Barangay or his representative, such an intent to conduct said activity; b. Any person who shall conduct recruitment and placement activity in a barangay without Barangay Permit duly issued by the Punong Barangay or his designated or appointed Sangguniang Member; c. Any government employee or official, including employees or heads of different offices of a local government unit, who connives or conspires with a person or knowingly allows such person to conduct illegal recruitment and placement activities; d. Any person, who obstructs, interferes or impedes the implementation and enforcement of this ordinance. Sec. 8. SEPARABILITY CLAUSE – If, for any reason, any section or provision of this ordinance is held unconstitutional or invalid, the other sections or provisions shall not be affected thereby. Sec. 9. EFFECTIVITY CLAUSE – This ordinance shall take effect three (3) weeks after its posting in the bulletin board and other conspicuous places in the municipal hall and barangay halls in the municipality and/or five (5) days publication in two (2) newspapers of general circulation in the Province of Northern Samar. PASSED AND ENACTED by the Sangguniang Panlalawigan in session assembled this 2nd day of September 2011, Catarman, Northern Samar.
BEDA M. BOGTONG MARITES J. GILLAMAC Member, Sangguniang Panlalawigan Member, Sangguniang Panlalawigan
EUSTAQUIO C. LAGRIMAS JOSE F. LAYON Member, Sangguniang Panlalawigan Member, Sangguniang Panlalawigan
ALBERTO C. MENDADOR MIKAHAEL JOHNSON D. DE ASAS Member, Sangguniang Panlalawigan SK Federation President Member, Sangguniang Panlalawigan
ORDINANCE NO. 09, SERIES OF 2011 Page 5
NEIL S. HERNANDEZ REYZANDRO A. UNAY PCL Federation President ABC Federation President Member, Sangguniang Panlalawigan Member, Sangguniang Panlalawigan
RAMP NIELSEN S. UY Vice Governor/Presiding Officer
ADONIS H. REBADULLA Secretary to the Sangguniang Panlalawigan Approved:
PAUL R. DAZA Governor
ORDINANCE NO. 09, SERIES OF 2011
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