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Vicky De Guzman

Ordinance No. 690


Republika ng Pilipinas
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
Lungsod ng Puerto Princesa

EXCERPTS FROM THE JOURNAL OF PROCEEDINGS OF THE 112TH


TH
REGULAR SESSION OF THE 14 SANGGUNIANG PANLUNGSOD OF THE
CITY OF PUERTO PRINCESA HELD ON AUGUST 24, 2015 AT THE SESSION
HALL OF THE SANGGUNIANG PANLUNGSOD

PRESENT:
Hon. VICKY T. DE GUZMAN City Councilor, Chairman Protempore, Temporary
Presiding Officer
Hon. MODESTO V. RODRIGUEZ II City Councilor, Majority Floor Leader
Hon. MATTHEW K. MENDOZA City Councilor, Assistant Majority Floor Leader,
Acting Majority Floor Leader
Hon. PETER Q. MARISTELA City Councilor, Minority Floor Leader
Hon. VICTOR S. OLIVEROS City Councilor
Hon. ELEUTHERIUS L. EDUALINO City Councilor
Hon. ROY GREGORIO G. VENTURA City Councilor
Hon. MIGUEL T. CUADERNO IV City Councilor
Hon. ROGELIO M. CASTRO City Councilor

OFFICIAL BUSINESS:
Hon. LUIS M. MARCAIDA III City Vice Mayor, Presiding Officer, Acting City
Mayor

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ABSENT:
Hon. GREGORIO Q. AUSTRIA City Councilor
Hon. PATRICK ALEX M. HAGEDORN Ex-Officio Member, Pres., Liga ng mga Barangay

xxx xxx xxx

ORDINANCE NO. 690

AN ORDINANCE ENACTING THE REVISED CLOSED CIRCUIT TELEVISION (CCTV)


ORDINANCE OF PUERTO PRINCESA CITY.

Authored by: Hon. Luis M. Marcaida III, City Vice Mayor, Hon. Vicky T. De Guzman, Hon.
Modesto V. Rodriguez II, Hon. Matthew K. Mendoza, Hon. Peter Q. Maristela, Hon. Gregorio
Q. Austria, Hon. Victor S. Oliveros, Hon. Eleutherius L. Edualino, Hon. Roy Gregorio G.
Ventura, Hon. Miguel T. Cuaderno IV, Hon. Rogelio M. Castro and Hon. Patrick Alex M.
Hagedorn, City Councilors

WHEREAS, the 13th Sangguniang Panlungsod of Puerto Princesa enacted an Ordinance No.
484 entitled “An ordinance requiring all business establishments operating within the City of
Puerto Princesa to install Closed Circuit Television (CCTV) cameras infront of their respective
establishments”;

WHEREAS, the Department of the Interior and Local Government has issued Memorandum
Circular No. 2014-119, dated September 15, 2014, directing cities/capital towns to require the
installation of Closed Circuit Television (CCTV) for certain business establishments in
accordance with Section 16 (General Welfare Clause) of Republic Act No. 7160 or the Local
Government Code to support the maintenance of peace and order and public safety;

WHEREAS, the said Memorandum Circular is comprehensive and applicable in the City of
Puerto Princesa considering that the policy of this City is to promote the security of all
business establishments in the City and to ensure the safety and well-being of its citizens by
installing closed circuit television cameras in their respective establishments.

WHEREAS, in order to strengthen the City Government’s drive to deter, prevent, detect and
solve criminality and to preserve video recording as evidence, this August Body deems it
proper to require the use of CCTV system in business establishments within the City of Puerto
Princesa by adopting the DILG Memorandum Circular No. 2014-119;

NOW THEREFORE, on motion of Hon. Matthew K. Mendoza, City Councilor, Assistant


Majority Floor Leader, Acting Majority Floor Leader

BE IT ORDAINED by the Sangguniang Panlungsod of Puerto Princesa in its regular session


assembled, that:

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Section 1. Title of Ordinance. This Ordinance shall be known and cited as “An Ordinance
Enacting the Revised Closed Circuit Television (CCTV) of 2015 in the City of Puerto Princesa”.

Section 2. Scope and Application. This Ordinance shall cover the following business
establishments within the territorial jurisdiction of Puerto Princesa City;

a. Banks, financial institutions, pawnshops, money lenders, money remittance services, money
changers and the like;

b. Business establishments that are part of a national chain or have several branches in other
parts of the country, such as restaurants/fast food chains, 24-hour convenience stores, drug
stores and the like;

c. Shopping malls, shopping centers, supermarkets, movie houses, theaters, hospitals and
medical facilities, ports/airports/public transport terminals, places of entertainment and the
like which draw a considerable number of customers/patrons;

d. Car dealerships, gasoline/fuel refilling/service stations; and

e. other business establishments which the Sangguniang Panlungsod deems proper


considering the type of business and potential risks in their respective areas.

The abovementioned business establishments are required to install CCTV which shall be
maintained in proper working condition at all times, shall be in continuous operation and shall
meet the minimum technical specifications set by this ordinance.

Section 3. Declaration of Policy. It shall be the policy of the City of Puerto Princesa to promote
the security of all business establishments in the City and to ensure the safety and well being of
its citizens by the installation of closed circuit television cameras in their respective
establishments. (per Ordinance No. 484)

Section 4. Definition of Terms. (per Ordinance No. 484)

a. BUSINESS ESTABLISHMENTS – refer to enterprises whether owned or operated by an


individual, partnership, corporation or cooperatives which are duly organized and recognized
under Philippine Laws;

b. C.T.V. Camera – Closed-Circuit Television Camera with night vision capability;

c. CITY – refers to the City of Puerto Princesa or City Government of Puerto Princesa;

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d. CLOSED-CIRCUIT TELEVISION (CCTV) – refers to is a television transmission system
applied for security and surveillance purposes using video cameras to transmit a signal via
cable or wireless transmitter/receiver to a specific place, on a limited set of monitors;

e. DIGITAL VIDEO RECORDER – refers to a device or equipment attached to a CCTV


Camera to record video images captured by CCTV Cameras with a seven (7) day recording
capability;

f. NATIONAL LAWS – refer to those laws passed by Congress and signed by the President
and relative to this subject matter;

g. PRACTICE OF PROFESSION – refers to the exercise or employment of any particular


profession which requires extensive education or specialized training;

h. PUERTO PRINCESA PATROL 117 – refers to a special project under the Office of the City
Mayor which is an emergency call center with a facility that can accommodate calls through
telephone, cellular phone and radio, all recorded 24 hours/7 days a week and operates the
CCTV cameras 24 hours/7 days a week with recording in the key areas of Puerto Princesa City.

Section 5. Preservation of Video Recordings. The owner/s of the business establishments


shall preserve the camera recording for at least seventy-two (72) hours or such period as the
Sangguniang Panlungsod deems proper.

Section 6. Minimum Technical Specifications. The CCTV system to be installed must meet
the following minimum specifications:

CAMERA

– Minimum of 600 TVL Camera Resolution;


– Must be able to capture video footages at 0.1 Lux Illumination;
– Should have auto-iris (either fixed or vari-focal;
– Should have Infrared LEDs enough to reach a distance of at least 20 meters for
clear recording at 0 Lux (for areas where there is no continued sufficient lighting);
– Must have at least 70 degrees Lens Angle;
– The Outdoor Camera must be vandal-proof or IP 66 Weatherproof Casing.

VIDEO RECORDER

– Minimum of four (4) camera input;


– Minimum of 640 x 480 video resolution;
– 30 frames per second (FPS) recording per camera;

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– Should have Had Disk Drive/s enough to store video recording for all cameras
for at least 1 month;
– Must have Time Stamping Feature;
– Must have an interface for storage back-up.
OTHER COMPONENTS

– At least four (4) cameras covering the areas of transaction and risk; Provided
that, at least one camera must be facing the street from the entrance (when applicable),
with the actual number of cameras to depend on the size of the establishment and
nature of business, as determined by the Sangguniang Panlungsod;
– Should have centralized power supply for the DVR and cameras;
– Should have appropriate Uninterruptible Power Supply (UPS) to provide
standard and reasonable back-up power to the Video Recorder and its cameras.
Section 7. Installation Guide. The following Installation Guide is recommended to be
followed;

INSTALLATION GUIDE

– Cameras must be installed at a secured location with maximum area of coverage;


– The Video Recorder must be mounted on a secured/concealed location to
protect the video footages from theft and/or deliberate destruction;
– Whenever possible, a back-up file stored in the DVD Disk (on-site or remotely)
shall be recorded for archiving purposes;
– Whenever possible, a dummy CCTV camera shall be installed in a conspicuous
area in order to deter possible criminal acts and to protect the camera and the video
footages.
Section 8. Minimum Coverage. All the establishments mentioned under Section 2 hereof shall
be required to install CCTVs as to afford a full coverage of the following:

a. From the interior of the establishment:


(i) All entrances/exits;
(ii)The center of business activity in the establishment (including the tellers, cashiers, cash
registrars, sales counters or areas leading to the vault/safe) according to the nature of
business/operations of the establishment.

b. From the exterior of the establishment (when the establishment is not located inside a mall or
building which has its own exterior cameras)
(i)All entrances/exits;
(ii)From the entrances/exits, a clear view of the area to and from the street/s abutting the

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establishment, including frontage thereof, taking into particular consideration the clarity of
shots in relation to the angles thereof;
(iii)parking lots and drive-through lanes (when applicable).

Section 9. Implementing Offices. The Puerto Princesa Patrol 117 or any authorized personnel
of the City Government of Puerto Princesa shall be responsible for the verification and
determination of the relevant establishments’ compliance with the directives of this Ordinance.
The Puerto Princesa Patrol 117 or any authorized personnel of the City Government of Puerto
Princesa shall specify when compulsory inspection of the installed CCTVs shall be conducted
before the necessary clearance or certification therefor may be issued, which clearance or
certification shall be a mandatory requirement for the issuance or renewal by the Business
Permits and Licensing Office (BPLO) of a business permit or license. The Puerto Princesa Patrol
117 or any authorized personnel of the City Government of Puerto Princesa may thereafter
conduct inspections during reasonable hours, to determine continued compliance with this
Ordinance post-issuance or renewal of such establishments’ business permit or license by the
BPLO. For all these purposes, the Puerto Princesa Patrol 117or any authorized personnel of the
City Government of Puerto Princesa shall seek the advice and assistance of the local Chief of
Police or his duly authorized representatives.

Section 10. Period of Inspection. Puerto Princesa Patrol 117 or any authorized personnel of
the City Government of Puerto Princesa shall, after six (6) months following the publication of
this Ordinance, begin to inspect business establishments covered by this Ordinance prior to the
issuance of barangay certification, business clearance and permits. Provided that, concerned
personnel shall present an office order duly issued by that Office and approved by the Office of
the City Mayor or its duly authorized representative. Provided further that the authorized
inspector may be assisted by barangay officials in the conduct of such inspection and may
likewise inspect CCTV cameras installed on establishments prior to the approval of this
Ordinance. Establishments found not complying with this Ordinance shall be issued Notice of
Compliance by the Office of the City Mayor and liable establishment must comply with such
notice within one (1) month after receipt of said notice. (per Ordinance No. 484)

Section 11. Inspection Fee. An inspection fee of Fifty Pesos (Php 50.00) shall be charged for
every inspection. Such inspection fee shall be paid to the Office of the City Treasurer. (per
Ordinance No. 484)

Section 12. Creation of a Special Account in the General Fund. A Special Account in the
General Fund of the City Government shall be created for this purpose. Such Special Account
shall be exclusively used for the inspection of C.C.T.V. cameras by the members of the Puerto
Princesa Patrol 117 or any other authorized personnel of the City Government. (per Ordinance
No. 484)

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Section 13. Access to Recordings. If a crime has been committed, or the operator, employee or
owner of the establishment has reason to believe that a crime has been committed and has been
recorded by the CCTV, the operator, employee or owner of the establishment shall immediately
contact the nearest police station and shall provide access to the pertinent recordings to the
police and other investigators.

The operator, employee or owner of the business establishment shall also make available the
camera recordings to the law enforcement authorities engaged in criminal investigation upon
written request of the authorized or designated officer thereof with the particular time and day
covered by the request therein specified.

The captured video footage or images may be used at any time to satisfy the written order or
subpoena of any court or body with competent jurisdiction.

Section 14. Prohibition. The viewing of recorded or captured video footage or images shall be
made with due respect to the privacy of individuals.

Section 15. Penalties. No business permit or permit to operate shall be issued to or renewed
for the business establishments mentioned in Section 2 hereof unless the CCTVs as herein
specified are installed and fully operational.

Further, a fine amounting to Five Thousand Pesos (P5,000.00) shall be imposed on any business
establishment in operation found to be in violation of this Ordinance.

For purposes of this Ordinance, each day that a violation continues shall be a separate
violation.

Section 16. Appeal Process. Any establishment found to be in violation of this Ordinance may
appeal the findings thereof to the Office of the City Mayor within five (5) working days from
being notified of its violation by the Puerto Princesa Patrol 117 or any authorized personnel of
the City Government of Puerto Princesa, furnishing a copy of the appeal to the Puerto Princesa
Patrol 117 or any authorized personnel of the City Government of Puerto Princesa prior to the
filing thereof with the Office of the City Mayor. Within five (5) working days from receipt of the
copy of the appeal, the Puerto Princesa Patrol 117 or any authorized personnel of the City
Government of Puerto Princesa shall submit its answer to the Office of the City Mayor,
furnishing the business establishment a copy of the same on even date. Should the Puerto
Princesa Patrol 117 or any authorized personnel of the City Government of Puerto Princesa fail
to file its answer to the appeal within the given period, it shall be deemed to have opposed the
appeal on all its material points. The Office of the City Mayor shall decide on the matter within
five (5) working days from receipt of the answer of the Puerto Princesa Patrol 117 or any
authorized personnel of the City Government of Puerto Princesa or from the day the period of

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filing therefor has lapsed, giving due notice to the parties involved. The decision of the City
Mayor shall be final and no motion for reconsideration shall be entertained thereafter, subject
to such remedial measures as may be then available under the law or Rules of Court.

Section 17. Compliance. Businesses covered by the scope of this Ordinance shall have a period
of six (6) months from the effectivity of the same within which to comply with the directives
hereof.

Section 18. No Contest Provision. Any person, natural or juridical, who is apprehended or
cited for violation of this ordinance, who does not wish to contest the violation and is willing to
pay voluntarily the fine imposed upon him/her prior to the filing of formal charges with the
proper court shall be allowed to pay said fine with the City Treasurer to avoid being criminally
prosecuted within twenty-four hours from apprehension, otherwise the case shall be
prosecuted. (per Ordinance No. 484)

Section 19. Social Responsibility.

(A) It is the responsibility of the owner of business establishments covered by this Ordinance to
allow law enforcement agencies to view the recorded video and to provide a copy within 72
hours of any footage then upon a written request of the law enforcement agency, in aid of
investigation. Non-compliance to the written request shall be penalized by suspension of
Mayors Permit and a fine of Php. 5,000.00 when proven otherwise.

(B) It is the responsibility of the owner of business establishments covered by this ordinance to
protect the captured images of their CCTV camera/s and they are not allowed to share or
upload maliciously or publicly any part or all of the captured images via digital form or print
without the prior approval of the person/s subject of the video. Violation of this provision shall
be penalized by cancellation of Mayors Permit and a fine of Five Thousand Pesos
(Php.5,000.00). (per Ordinance No. 484)

Section 20. Separability Clause. If for any reason, any section of this Ordinance shall be held
unconstitutional or invalid, other sections which are not affected thereby shall continue to be in
full force and effect.

Section 21. Repealing Clause. All ordinances, rules and regulations or parts thereof in conflict
with this Ordinance are hereby repealed, provided that the rights that are vested upon the
effectivity of this Ordinance shall not be impaired.

Section 20. Effectivity. This Ordinance shall take effect fifteen (15) days following its full
publication in a local newspaper of general circulation.

SO ORDAINED.

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xxx xxx xxx

I HEREBY CERTIFY to the correctness of the above Ordinance No. 690 adopted by the
14 Sangguniang Panlungsod of the City of Puerto Princesa during its 112th Regular Session
th
held on August 24, 2015 at the Session Hall of the Sangguniang Panlungsod.

SAMSON A. NEGOSA
City Secretary

ATTESTED AND CERTIFIED


TO BE DULY ADOPTED:

VICKY T. DE GUZMAN
City Councilor, Chairman Protempoore
Temporary Presiding Officer

APPROVED: Ordinance No. 690 on

LUCILO R. BAYRON
City Mayor

ATTESTED:

ATTY. ELENA VERGARA-RODRIGUEZ


City Administrator

“TO GOD BE THE GLORY”

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