Republic of the Philippines Mas Province of Camarines Sur SS MUNICIPALITY OF NABUA ~000~ OFFICE OF THE SANGGUNIANG BAYAN July 21, 2021 THE HONORABLE MEMBERS Sangguniang Panlalawigan Legislative Building, Provincial Capitol Complex Cadlan, Pi, Camarines Sur THRU: The Provincial Secretary Dear Honorable Members of the Sangguniang Panlalawigan: Respectfully forwarded to your Office in Eighteen (18) copies each (hard copy) for review, is ORDINANCE NO, 023 - 2020 “AN ORDINANCE ENACTING THE CODE OF PARENTAL RESPONSIBILITY FOR THE PROTECTION OF CHILDRENS RIGHTS IN THE MUNICIPALITY OF NABUA, CAMARINES SUR", which was approved by the Sangguniang Bayan of Nabua, Camarines Sur. Together with the above-mentioned Ordinance are copies of Committee Reports, Minutes and Attendance during the conducted Public Hearing. The required postings were made in three conspicuous places in the Municipality. Trusting that the above Ordinance will be calendared during the Regular Session of the ‘Sangguniang Panlalawigan, Thank you very much, SUZANWE OBRERO - PAZ Secretary to the Sangguniang BayanRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF NABUA ~o0o- OFFICE OF THE SANGGUNIANG BAYAN CERTIFICATION To Whom It May Concern: This is to certify that the soft copy of the Municipality of Nabua’s approved Ordinance by the Sangguniang Bayan, entitled: ORDINANCE NO. 023 - 2020 “AN ORDINANCE ENACTING THE CODE OF PARENTAL RESPONSIBILITY FOR THE PROTECTION OF CHILDRENS RIGHTS IN THE MUNICIPALITY OF NABUA, CAMARINES SUR’, is the exact and faithful copies of the approved documents submitted for review and arranged as to the order of the original hard copy. Issued this 21* day of July 2021 at the Municipality of Nabua, Camarines Sur. SUZANN} OBRERO ~ PAZ Secretary to the Sngguniang BayanRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF NABUA -o00- EXCERPTS FROM THE JOURNAL TYPE MINUTES OF THE 367" REGULAR SESSION OF THE SANGGUNIANG BAYAN OF NABUA, CAMARINES SUR, HELD ON DECEMBER 7, 2020 AT ITS SESSION HALL, PRESENT: HON. MARISSA C. VELITARIO-HAO - Municipal Vice-Mayor/SB Presiding Officer HON. DONNA ANN R. ONATE - Municipal Councilor HON. GERARD S. PONOW - Municipal Councilor HON. MARIA ELEANOR 0. LUZON = Municipal Councilor HON. SONNY C. PRADES - Municipal Councilor HON. JOEL J. BEREDICO ~ Municipal Councilor HON. RAMIRO BASILIO L. FORTUNA IIT ~ Municipal Councilor HON. CHARLES MICHAEL G. SALAS - Municipal Councilor HON. ORLANDO P. PENTECOSTES JR. — - Municipal Councilor HON. MARVIC R. DOMAGSANG - Liga President, HON. FRANZ KIVEN E. ASTIBE - SKF President ABSENT: NONE -000- ORDINANCE NO. 023 ~ 2020 “AN ORDINANCE ENACTING THE CODE OF PARENTAL RESPONSIBILITY FOR THE PROTECTION OF CHILDRENS RIGHTS IN THE MUNICIPALITY OF NABUA, CAMARINES SUR” to parents and their children sh Le Be it ordained in the sangguni ang Bayan in a session duly assembled that: SECTION 1. TITLE. This Ordinance shall be known as Municipality of Nabua’s “CODE OF PARENTAL RESPONSIBILITY” . SECTION 2. DECLARATION OF POLICY. he grant of the rights and privileges v lI be guided by the Following principles: The parents shall have the primary right and obligation to provide for their children's upbringing: ‘The parents have the right to discipline the child as may be necessary for the formation of his good character and may require from him obedience to just and reasonable rules, suggestions and admonitions; The child is an important asset of our nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life; The child shall enjoy special protection and shall be given opportunities and facilities, by law and by other means, to ensure and enable his fullest development physically, mentally emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity appropriate to the corresponding developmental stage? The child shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his responsibilities as a member of society; Tn all questions regarding the care, custody, education and property of the child, his welfare shall be the paramount consideration; The child's individual traits and aptitudes should be cultivated to the utmost; ‘The formation of the child's character begins at home. Consequently, every member of the family must’ make the home a place that will positively influence the child's development ; [ Other institutions, like the school, the church, the guild, and he community in general, should assist the home and the State jin preparing the child for the responsibilities of adulthood.SECTION 3. COVERAGE. This Ordinance shall cover all persons exercising parental authority and responsibility over their minor children in the Municipality of Nabua, the Barangays, and, to the extent herein provided, communities, institutions, departments, offices and agencies under the supervision and jurisdiction of the Municipality of Nabua Government. SECTION 4. DEFINITION OF TERMS defined as follows . For purposes of this Act, these terms are * a. CHILDREN - refer to those below the age of eighteen (19) years, at the time of any relevant proceeding, or those over but are unable to fully take care of themselves or protect themselves from abuse, ® neglect, cruelty, exploitation or discrimination because of a 2 physical or mental disability or conditions 2 PARENTS - shall include the mother, father, guardian and those “ exercising substitute parental authority over the child, as defined 5 under Article 216 and Article 217 of the Family Code; 6 PARENTAL AUTHORITY AND RESPONSIBILITY - shall include the caring for and rearing them for civic consciousness and efficiency and the ° development of their moral, mental and physical character and well- ® beings » d. SPECIAL PARENTAL AUTHORITY AND RESPONSIBILITY - shall be exercised by the ” school, its administrators and teachers, or the individual, entity or 2 institution engaged in child care while the child is under their 2 supervision, instruction or custody. ™ Authority and responsibility shall apply to all authorized activities 2 whether inside or outside the premises of the school, entity or x» institution. NEGLECT - is a failure by the parents to adequately perform parental = duties; 2 BEST INTEREST OF THE CHILD - means the primary consideration, in all » actions, either by public or private bodies, of the welfare ” protection, survival and normal development of the child: 2 9. MOTORCYCLE - shall mean private motorcycles and scooters of two or s three wheels and bicycles with motor attachments: » hn, HAZING - is an initiation rite or practice as a prerequisite for » admission into membership in a fraternity, sorority or organization % by placing the recruit, neophyte or applicant in some embarrassing or ” humiliating situations such as forcing him to do menial, silly, » foolish and other similar tasks or activities or otherwise subjecting » him to physical or psychological suffering or injury; © i. TRUANCY - means absence without cause for more than twenty (20) school “ days, not necessarily consecutive. It shall be the duty of the 2 teacher in charge to report to the parents the absences of the child je moment these exceed five (5) school days: NEWBORN SCREENING - means the process of collecting a few drops of blood from the newborn onto an appropriate collection card and performing biochemical testing for determining if the newborn has a heritable condition. SECTION 5. EXERCISE OR PARENTAL AUTHORITY AND RESPONSIBILITY. the father and the mother shall jointly exercise parental authority and responsibility ‘© over the persons of their common children (Article 211, Family Code (FC)) 22 ee » In case of absence or death of either parent, the parent present/) }, 2 shall continue exercising parental authority and responsibility. / 2 The remarriage of the surviving paront shall not affect the parental ot authority and responsibility over the children, unless the court appoints ss another person to be the guardian of the person or property of the « children (Article 211, Family Code (FC)}. * In case Py responsibility } f separation of the parents, parental authority~and hall be exercised by the parent Gephanaged by Lee Court. R&S toy Page toe Onan Ne, OF RRsubstitute parental authority and respon surviving grandparent. In case several survive, the one designated by the court (Article 214, FC) In case of death, absence or unsuitability of the parents, ibility shall be exercised by the In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: 1. The surviving grandparent; 2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and 3. The child's actual custodian, over twenty-one years of age, unless unfit or disqualified (Article 216. PC). In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the Proper government agency (Art. 217. FC) SECTION 6. NEGLECT OF THE CHILD. Criminal liability shall attach to any parent having parental authority and responsibility who: 1. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs; 2. Neglects the child by not giving him the education which the family's station in life and financial conditions permits 3. Fails or refuses, without justifiable grounds, to enroll the childs 4, Causes, abates, or permits the truancy of the child from the school where he is enrolled; 5. Fails to monitor the child's attendance and performance in school, and to attend, without justifiable grounds, parent-teacher conferences when required by the school; 6. Improperly exploits the child by using him, directly or indirectly such as for begging and other acts which are inimical to his interest and welfare; 7, Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrass or humiliate nim; 8. Causes or encourages the child to lead an immoral or dissolute lifes 9. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership; 10. Permits the child to possess or use intoxicating drinks, narcotic drugs, cigarettes and to engage in gambling and other vices or harmful practices. 11, Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. rf the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child to drive (Presidential Decree No. 603) 12. Allows the child to ride on a motorcycle (a) without the standard protective motorcycle helmet, or (b) even if the child is wearing the standard protective motorcycle helmet, allows the child to ride on an overloaded motorcycle. 13. Allows the child to ride in an overloaded tricycle, whether for hire or otherwise. There is overloading when tricycle exceeds four (4) passengers: 14, Fails to present the child at nealth centers for free pre-natal and post natal care and Basic Immunization Services, which includes: a. BOG Vaccination against tuberculosis: b, Inoculation against diphtheria, tetanus, and pertussis: + Oral poliomyelitis immunization; Protection against measles, Immunization against rubella, and such other basic immunization services that the Department of Health (DOH) prescribe under Presidential Decree No. 996. 5. Allows a child to loiter in public places or outside their residence between the curfew hours of 10:00 PM to 4:00 AM as prohibited under Municipality of Nabua Ordinance No._ 32: for three (3) consecuysvé times; (> ep om of haao Onan Na16. Allows his or her child to join gangs, fraternities or sororities 2 inside or outside school, and who allows to head, join or in any a other manner, participate in hazing and other forms of initiation 4 rites under Republic Act No. 80497 5 17. Allows the child to sell, buy or smoke cigarettes or other tobacco ‘ Products under Republic Act No. 9211; , 18. Allows the child to participate in any gambling activity or numbers ® game as defined under Presidential Decree No. 1602 amended by ° Republic Act No. 9287. » SECTION 7. TORTS. Parents shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living e in their company and under their parental authority subject to the appropriate u defenses provided by law. " SECTION 8. EXEMPT FROM CRIMINAL LIABILITY. A child fifteen (15) years of % age or under at the time of the commission of the offense shall be exempt from % criminal liability. Mowever, the child shall be subjected to an intervention ” program pursuant to Section 20 of Republic Act 9344. » A child is deemed to be fifteen (15) years of age on the day of the » fifteenth anniversary of his/her birthdate. » A child above fifteen (15) years but below eighteen (18) years of a" age shall likewise be exempt from criminal liability and be subjected to 2 an intervention program, unless he/she has acted with discernment, in 2 which case, such child shall be subjected to the appropriate proceedings o in accordance with this Act. % ‘The exemption from criminal liability herein established does not = include exemption from civil liability, which shall be enforced in 2 accordance with existing laws (Republic Act No. 9344 as amended by Section = 6 of Republic Act No. 10630). 2 A Child who is above twelve (12) years of age up to fifteen (15) » years of age and who committed parricide, murder, infanticide, kidnapping ” and serious illegal detention where the victim is killed or raped, 2 robbery, with homicide or rape, destructive arson, ape, or car napping 2 where the driver or occupant is killed or raped or offenses Under Republic a“ Act No. 9165 punishable by more than twelve (12) years of imprisonment. % shall be deemed a neglected child under Presidential Decree No. 603, as x amended, and shall be mandatorily placed in a special facility within the » youth care facility or ‘Bahay Pag-asa’ called the Intensive Juvenile ” Intervention and Support Center (IJISC) pursuant to Section 20-A of » Republic Act No. 10630 ° A child who is above twelve (12) years of age up to fifteen (15) “ years of age and who commits an offense for the second time or oftener: | 2 Provided, That’ the child was previously subjected to a community-based a intervention program, shall be deemed a neglected child under Presidential a Decree No. 603, as amended, and shall undergo an Intensive Intervention « Program supervised by the local social welfare and development officer “ pursuant to Section 20-B of Republic Act 10630. ° SECTION 9. PENALTIES. The acts mentioned in paragraphs 1 to 6 of section © 12 hereof shall be punishable as follows: * a. FIRST OFFENSE - a fine of One Thousand Pesos (#1,000.00) or three (3) 2 months imprisonment, or both at the discretion of the courts " b. SECOND OFFENSE - a fine of Two Thousand Besos (B2,000.0) or five (5) 2 months imprisonment, or both at the discretion of the court; 2 C. THIRD OFFENSE - maximum penalty of a fine of Two Thousand Five s st Hundred Pesos (#2,500.00) or five (5) months imprisonment, or hot 5 at the discretion of the courts 6 SECTION 10. LIABILITY FOR VIOLATIONS OF MUNICIPAL ORIDINANCES. Parent, x and/or persons exercising parental authority over a minor shall be liable for\| 4 ‘s of municipal ordinances committed by said minor. In such a case, a | + 1 ordinance violation citation ticket may be issued upon the parents nf all cases of violations undgalways undergo Parent Effectiveness Service Sessions to be conducted in their respective barangays in addition to the penalty imposed. SECTION 12. ROLE OF THE BARANGAY. In cases of violations of this Ordinance the Barangay Council for the Protection of Children (BCPC) shall immediately summon the parents concerned of the child. SECTION 13. ROLE OF THE MUNICIPAL SOCIAL WELFARE DEVELOPMENT. The well trained social workers of the Municipal Social Welfare Development shall conduct the Parent Effectiveness Service Sessions in the Barangays, and shall teach, train and develop proper barangay personnel in the conduct of such activities. SECTION 14. SEPARABILITY CLAUSE. If, for any reason or reasons, any provision of this Ordinance shall be held to be unconstitutional o invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. SECTION 15. EEFECTIVITY. This Ordinance shall take effect fifteen (15) days after its approval and publication at least once in a newspaper of general circulation. UNANIMOUSLY APPROVED, ENACTED this 7" day of December 2020. ~o0o- I HEREBY CERTIFY to the correctness of the f going Ordinance. nan er me Secretary to the Sangguniang Rayan 'S. PONON chundi ier HON. SON} BS Municipal ditorz) HON. RAMIRO BASILTO I! EDRTUNA ITT Municipal Coyetior HON. oF (costes IR. Municipal coun HON. FRANZ KIVEN E. ASTIBE SKF President VELITARTO-HAO Municipal Vice-Mayof/sp Presiding Officer APPROVED ATTY. FERNANDO D. SIMBULAN Municipal Mayor Page top Outre 0252000Republic of the Philippines Province of Camarines Sur ~o0o- Beat, OFFICE OF THE SANGGUNIANG BAYAN Committee Report No. CWCFL-04 ADOPTED: £y/H-5 Series of 2020 DATE Of 200rTION 9-21-2470 AUTHOEIZED SIONOTIR® Q From : COMMITTEE ON WOMEN, CHILDREN, FAMILY AND LGBTQ (PUBLIC HEARING) Fou i: The Presiding Officer Date/Time : September 16, 2020/Wednesday/1:00 P.M. Subject. : RE: Proposed Ordinance No.041-2020, “AN ORDINANCE ENACTING THE MUNICIPALITY OF NABUA CODE OF PARENTAL RESPONSIBILITY OR THE PROTECTION OF CHILDREN’S RIGHT.” rhe Committee on women, Children, Family and LGBTY, Lo which the above subject was referred, considered the same and has the honor to report it bac recommendat ion: to the Sangguniang Bayan with the 1. The Committee recommends for the approval of Proposed Ordinance No. 041-2020, “AN ORDINANCE ENACTING THE MUNICIPALITY OF NABUA CODE OF PARENTAL RESPONSIBILITY OR THE PROTECTION OF CHILDREN’S RIGHT” and that the same be calendared for second reading. Respectfully Submitted by: HON. chairman, Committee LUZON dren, Family and LGBTQ HON. Vice-Chairman, Committee o1 STIBE wdmen, Children, Family and LGBTO HON. DONNA ANN R. ONATE Member, Committee on Women, Children, Family and LGBTQ HON. RAMIRO BASILIO L. 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SANGGUNIANG BAYAN MINUTES OF THE PUBLIC HEARING CONDUCTED BY THE COMMITTEE ON WOMEN, CHILDREN, FAMILY AND LGBTQ+, JOINT COMMITTEE ON EDUCATION/RULES, RESOLUTIONS, LAWS AND ORDINANCES, JOINT COMMITTEE ON TRADE AND INDUSTRY, MARKET AND CONSUMERS PROTECTION/AGRICULTURE AND LIVELIHOOD DEVELOPMENT/HEALTH AND SANITATION, COMMITTEE ON GOVERNMENT PROPERTIES AND PUBLIC WORKS AND INFRASTRUCTURE, COMMITTEE ON PUBLIC INFORMATION, AND JOINT COMMITTEE ON PUBLIC ORDER AND SAFETY/RULES, RESOLUTIONS, LAWS AND ORDINANCES HELD ON SEPTEMBER 16, 2020 AT 1:00 - 5:00 IN THE AFTERNOON AT THE NABUA MUNICIPAL COVERED COURT. RE: 1.) Proposed Ordinance No. 041-2020, “AN ORDINANCE ENACTING THE MUNICIPALITY OF NABUA CODE OF PARENTAL RESPONSIBILITY OR THE PROTECTION OF CHILDREN’S RIGHT.” 2.) Proposed Ordinance No. 020 series of 2020, “AN ORDINANCE ESTABLISHING THE POLICIES, SUPPORT MECHANISMS, AND FUNDING FOR THE RESEARCHES AND INVENTIONS IN THE MUNICIPALITY OF NABUA” (Author: Hon, Charles Michael G. Salas /Co-Authors: Hon: Vice-Mayor Marisssa VelitarioHao and Hon. Ramiro Basilio. Fortuna Il) 3.) Proposed Ordinance No. 030 series 2020, “ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING THE OPERATION OF NABUA, CAMARINES SUR SLAUGHTERHOUSE, AND FOR OTHER PURPOSES.” (Principal Sponsor: Hon. Vice-Mayor Marissa Veltario tao / Co~Spongor: all $8 Members) 4.) Proposed Ordinance No, 007 series 2019, YAN ORDINANCE REGULATING THE USE OF STREETS, SIDEWALKS, ALLEYS AND BRIDGES, AND THE USE AND DISPLAY OF BUSINESS SIGNAGES ALONG THE STREETS IN THE MUNICIPALITY OF NABUA,” (Author: Hon. Maric R Domagsang) 5.) Proposed Ordinance No. 016 series of 2019, “AN ORDINANCE OPERATIONALIZING FREEDOM OF INFORMATION IN THE MUNICIPALITY OF NABUA, CAMARINES SUR AND PROVIDING GUIDELINES THEREFORE,” (Sponsor: Hon. Charles Michael G. Salas) 6.) Proposed Ordinance No. 037 series of 2020, “AN ORDINANCE MANDATING THIRTY PERCENT (30%) INCENTIVE 70 DULY DEPUTIZED APPREHENDING OFFICERS AND ‘TWENTY PERCENT (20%) AS BARANGAY SHARE IN EVERY BARANGAY IN THE MUNICIPALITY OF NABUA, CAMARINES SUR IN THE IMPLEMENTATION OF ORDINANCE WITH PENAL CLAUSE AND PROVIDING FREE LEGAL SERVICES IN THE PERFORMANCE OF THEIR DUTIES AND FUNCTIONS” (Principal Sponsors. on. Marissa Veltariosao and Hon. Gerard S. Ponon / Co-Sponsor': Al SB Members) The Honorable Presiding Officer Maria Eleanor Occiano Luzon called the Public Hearing to order at 1:43 in the afternoon. Under the Committee on Women, Children, Family and LGBTQ+, the Honorable Vice-Mayor Marissa Velitario-Hao was recognized by the Chair to present her Proposed Ordinance, Proposed Ordinance No. 041-2020, entitled: “AN ORDINANC! ENACTING THE MUNICIPALITY OF NABUA CODE OF PARENTAL RESPONSIBILITY OR THE PROTECTION OF CHILDREN'S RIGHT.” The Honorable Vice-Mayor Marissa Velitario- Hao explained about the Declaration of Policy which states the grant ofSeesensanasenveseen HeSeeee erase seee Behe ee BEST RES BaPateeeeoeRES P ave | 2Minutes of the Public Hearing conducted lst September 16, 2020 @ 1:00 - 5:00 P.M. rights and privileges to parents and that they shall be guided of the following principles: 1. The parents shall have the primary right and obligation to provide for their children’s upbringing. 2.The parents have the right to discipline the child as may be necessary for the formation of his good character and may require from him obedience to just and reasonable rules, suggestions, and admonitions. 3.The Child is an important asset of our nation. Every effort should be exerted to promote his welfare and enhance his oppotunities for a useful and happy life. 4.The Child shall enjoy special protection and shall be given opportunities and facilities, by law and by other means, to ensure and enable his fullest development physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity appropriate to the corresponding developmental stage. 5.The Child shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his responsibilities as a member of society. 6. In all questions regarding the care, custody, education and property of the child, his welfare shall be the paramount consideration 7.The Child’s individual traits and aptitudes should be cultivated to the utmost. 8. The formation of the child’s character begins at home. Consequently, every member of the family must make the home a place that will positively influence the child’s development, and 9. Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in preparing the child for the responsibilities of adulthood. Honorable Vice-Mayor Marissa Velitario-Hao likewise made mentioned That this proposed ordinance shall cover all persons exercising parental authority and responsibility over their minor children in the Municipality of Nabua, the Barangays, and, to the extent herein provided, communities, institutions, departments, offices, and agencies under the supervision and jurisdiction of the Municipality of Nabua Government. She explained also Section V about the Exercise or Parental Authority and Responsibility, that in case of absence or death of either parent, the parent present shall continue exercising parental authority and responsibility. The remarriage of the surviving parent shall not affect the parental authority and responsibility shall be exercised by the parent designated by the Court. That in case of death, absence or unavailability of the parents, substitute parental authority and responsibility shall be exercised by the surviving grandparent. In case several survive, the one designated by the court under Artivle 214, FC. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: 1. The Surviving grandparent. 2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified, and 3. The Child’s actual custodian, over twenty-one years of age unless unfit or disqualified stated under article 216 FC. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes, orphanages, and similar institutions duly accredited by the Proper government agency (Article 217. FC). Likewise, she explained the Neglect of the Child that criminal liability shall attach to any parent having parental authority and responsibility who abandons the child under such circumstances as to deprive him of the love, care and protection ne needs. Neglects the child by not giving him the education which the family's situation in life and financial conditions permit. Fails and refuses, without justifiable grounds, to enrol the child. Causes, abates, or permits the truancy of the child from the school where he is enrolled. And also, fails to monitor the child’s attendance and performance in school, and to attend, without justifiable grounds, parent-teacher conferences when required by the school. Improperly exploits the child by using him, directly or indirectly such as for begging and other acts which are inimical to his interest and welfare. Inflicts cruel and unusual punishments upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrass or humiliate him. Causes or encourages the child to lead anSHEER SHE eNews SHR SENSES EE RS Beek ee aReeee P ge | 3Minutes of the Pubic Hearing conducted last September 16, 2020 @ 1:00-5:00 P.M. immoral or dissolute life. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership. Permits the child to posses or use intoxicating drinks, narcotic drugs, cigarettes, and to engage in gambling and other vices or harmful practices. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child to drive, which under the Presidential Decree No. 603. Allows the child to ride on a motorcycle (a) without the standard protective motorcycle helmet, or (b) even if the child is wearing the standard protective motorcycle helmet, allows the child to ride on an overloaded motorcycle. Allows the child to ride in an overloaded tricycle, whether for hire or otherwise. There is overloading when tricycle exceeds four (4) passengers, Fails to present the child at health centers for free pre-natal and post natal care and basic immunization services which include BCG vaccination against tuberculosis, inoculation against diphtheria, and pertussis, oral __ poliomyelitis immunization, protection against measles, ummunization against rubella and such other basic immunization services that the DOH prescribe under Presidential Decree No, 996. Allows a child to loiter in public places or outside their residence between the curfew hours of 10:00 p.m. to 4:00 a.m. as prohibited under Municipality of Nabua Ordinance No. 324 series of 2005 for three (3) consecutive times. Allows the child to join gangs, fraternities or sororities inside or outside school, and who allows to head, join or in any other manner, participate in hazing and other forms of initiation rites under Republic Act No. 8049. Allows the child to sell, buy or smoke cigarettes or other tobacco products under Republic Act No. 9211, and allows the child to participate in any gambling activity or numbers game as defined under Presidential Decree No. 1602 amended by Republic Act No. 9287. The Sponsor explained also the torts that the parents shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. The Honorable Vice-Mayor Velitario also explained that there was an exemption from criminal liability under this Proposed Ordinance where a child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant Section 20 of Republic Act 9344. She also explained that under Section IX of the Proposed Ordinance, the penalties shall be imposed to the acts mentioned in paragraph 1 to 6 of Section 12 hereof shall be punishable as follows: a.) First Offense - a fine of one Thousand Pesos (#1,000.00) three (3) months imprisonment, or both at the discretion of the court. b.) Second Offense - a fine of Two Thousand Pesos (P2,000.00), and imprisonment at the discretion of the court, and c.) Third Offense - maximum pemalty of a fine of Two Thousand Five Hundred Pesos (B2,500.00) and imprisonment at the discretion of the court. The role of Barangay in cases of violations of the said ordinance, the Barangay Council for the Protection of Children (BCPC) shall immediately summon the parents concerned of the child. And the last but not the least, the sponsor explained the important role of the Municipal Social Welfare Development where the well-trained social workers of the Municipal Social Welfare Development shall conduct the parent effectiveness service sessions in the Barangays, and shall teach, train and develop proper barangay personnel in the conduct of such activities. After the thorough explanation about her first proposal, the Honorable Vice-Mayor Marissa Velitario-Hao explained about her second proposal which is “AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING THE OPERATION OF NABUA, CAMARINES SUR SLAUGHTERHOUSE, AND FOR OTHER PURPOSES”, under the Joint Committee on Trade and Industry, Market and Consumers Protection/Agriculture and Ecology/Health and Sanitation. Honorable Vice-Mayor Marissa Velitario-iao explained that the Proposed Ordinance is the quide in the operation of Slaughterhouse in the Municipality of Nabua. And the intention of the proposal is to ensure all the consumed food products that would be sell in the meat section in the Nabua Public Market would be safe and free from hazard before it consumed. The Scope of the ordinance shall govern the management, administration, supervision, requlation, control, organization, imposition of fees and charges for services and use of facilities, assessment, collection and payment therefore in the MunicipalitySSRN NEN Seem eos eee sauaeeeHs SRR THU e SEER THREE ease BERS P age [Minutes of the Public Hearing conducted last September 16, 2020 @ 1:00 -§:00 P.M. Slaughterhouse. The Honorable Vice-Mayor also explained the Declaration of Policies, which the following are the policies in the management, administration, supervision, regulation, control, operation, maintenance and sanitation of Nabua, Camarines Sur Slaughterhouse. The Nabua, Camarines Sur Slaughterhouse shall serve the need of a fast, efficient, and sanitary slaughtering facility of the Nabua Slaughterhouse, the neighboring Municipalities, and some parts of the country as well. It shall operate daily. The Management shall ensure that only food animals are slaughtered in Nabua Slaughterhouse and only sound, healthy and wholesome meat and offal’s are withdrawn and released there from. The management shall see to it that appropriate fees and charges are assessed and collected for the use of the government facilities and services rendered. Only appointed Meat Inspectors of the Municipality Deputized Meat Inspectors of NMIS are authorized to perform meat inspection work. All food animals brought to Nabua Slaughterhouse and deposited in the holding pen shall be presumed to be slaughtered immediately in the succeeding slaughtering schedule. That was the six (6) main policies that the Sponsor cited out of the twenty-one (21) policies that were indicated in the proposal. The Sponsor explained the Article 4 of the Proposed Ordinance which is the Section 6 about the Rules and Requlations that shall be observed in the Slaughterhouse. There was also a permit to slaughter under Section 7, that before any food animal is slaughtered for public consumption, a permit to slaughter shall be secured from the Municipal Veterinarian or his duly representative. There was algo a provision under the proposal on the requirement for the issuance of a permit for the slaughter of large cattle, a provision on Meat Inspection, transfer of meat from slaughterhouse to public market, and an authority to formate, adopt and implement rules and regulations. The Sponsor explained also about the Article 5 on Humane Handling and Transport of Food Animals/Transport of Carcasses and other parts. And also, Article 6 about the Registration, Licensing and Accreditation. Article 7, Responsible Offices and Personnel. ‘The Municipal Administrator’s Office shall be responsible for the management, administration, operation, maintenance and sanitation of the Nabua Slaughterhouse. The Municipal Treasurer’s Office for revenue collection, and the Municipal Mayor's Office Civil Security Unit for security and peace and order of the area, Article 8 ~ Fees and Rates of Fees. Fees shall be imposed and collected at the Municipality of Nabua Slaughterhouse fees for the following: Ante-Mortem Inspection Fea, Corral Fee, Post Mortem Inspection Fee, Certificate of Ownership Fee, Transfer of Certificate of Ownership Fee and Permit Fee to Slaughter. The Proponent also explained that there will be a sanction imposed to any person found to have violated any of the rules and regulations provided herein and those that may be formulated, adopted, and implemented by the Municipal Administrator’s Office with the required approval of the Municipal Mayor shall be denied the privilege to avail himself of the facilities and services of the Municipality of Nabua Slaughterhouse under Article 9 - Laws, Administrative Orders and Sanctions. The Honorable Vice-Mayor Marissa Velitario-Hao simultaneously explained her third proposal which is the Proposed Ordinance No. 037 series of 2020, entitled: “AN ORDINANCE MANDATING THIRTY PERCENT (303) INCENTIVE TO DULY DEPUTIZED APPREHENDING OFFICERS AND TWENTY PERCENT (20%) AS BARANGAY SHARE IN EVERY BARANGAY IN THE MUNICIPALITY OF NABUA, CAMARINES SUR IN THE IMPLEMENTATION OF ORDINANCE WITH PENAL CLAUSE AND PROVIDING FREE LEGAL SERVICES IN THE PERFORMANCE OF THEIR DUTIES AND FUNCTIONS” under the Joint Committee on Public Order and Safety/Rules, Resolutions, Laws and Ordinances. The Honorable Proponent Hao explained that the ordinance shall be known as “apprehending Officers Incentive” in the Municipality of Nabua, Camarines sur. It shall be the policy of the LGU Nabua to institute orderly community abiding with policies, rules and regulations that will ultimately redound to the general welfare of the constituents. That under Section 3 ~ Authority to Apprehend Violators, the effective implementation of Municipal Ordinances, Barangay Officials and appointed barangay taneds shall be deputized to apprehend violators and issue citation tickets for every such violation. All deputized Barangay Officials and Barangay Tanods shall also perform the following powers, duties and functions: 1.) Undergo training and seminar in the effective implementation of all public order and safety Municipal Ordinances with penal provisions and be deputized as such implementating officer. 2.) Maintain copy of the Ordinance in their office for casy reference. 3.) Establish an efficient recording and database in their officeeee eee eee eee ee eeeeeee 8 P ag | SMinutes ofthe Public Hearing conducted lst September 16, 2020 @ 1:00 5:00 P.M, of all apprehended persons, offense committed, number of offenses, date of apprehension and penalty imposed, and 4.) Remain faitful in the performance of their duties and functions, and secure free legal advice when necessary. For the Free Legal Service, the LGU Nabua, Camarines Sur shall extend support to duly deputized barangay officials and barangay tanod, in the performance of their duties and functions, by providing funds for legal services, which may be availed when necessary. All duly deputized barangay tanod and barangay officials shall, by way of incentive, receive thirty percent (30%) of the total collected fines and twenty percent (20%) will redound to the barangay. About the distribution to Barangays of Incentive, all incentives shall be remitted to all barangays every month. And an annual fund for free legal service shall be allocated in the amount of One Hundred Thousand Pesos (#100, 000.00). Under the Joint Committee on Education/Rules, Resolutions, Laws and ordinances, the Honorable Presiding Office Maria Bleanor 0. Luzon recognized the Honorable Charles Michael G. Salas to introduce his Proposed Ordinance, Proposed Ordinance No. 020-2020, entitled: “AN ORDINANCE ESTABLISHING THE POLICIES, SUPPORT MECHANISMS, AND FUNDING FOR THE RESEARCHES AND INVENTIONS IN THE MUNICIPALITY OF NABUA”. The Proponent Honorable Salas explained that the Ordinance shall be known as “Municipal Research and Invention Ordinance of Nabua. That under the Declaration of Policy, the Municipality of Nabua recognizes the indispensable and essential role of science and tehnology in today’s modern world. It adheres with the State policy to give priority to research and development, invention, innovation and their utilization. The Ordinance also aims to promote research and invention as tools to improve the Municipality of Nabua and develop its potentials thru scientific studies. Promote research-based legislation in the Municipality of Nabua. Provide evidences to policies and practices while promoting research-based legislation. Empower student and develop them to be global researchers and investors as well as solution providers in the pressing issues in the Municipality, in the country and in the globe at large. Recognize and incentivize contributions of science and technology in the Nabua. Strengthen the human capital of Nabua by incentivizing exemplar, practical and viable inventions and research outputs, and Drive economic growth and develop pro- poor products and technologies. In order to effectively facilitate the implementation of the ordinance, the Municipal Research and Invention Council is hereby created. The composition of the council was spearheaded by the Municipal Mayor being the Chairperson. Co-Chairpersons: The Municipal Vice- Mayor and a private sector representative. The Vice-Chairman, is the Chairman of SB Committee on Education. And Members: All Members of the Sangguniang Bayan, Committee on Education, Representative from Education Sector (a Reseacher), Representative from Private Sector, Representative from Business Sector, Punong Barangays of the benefiting community and one Sitio leader if needed, and Head of the concerned/benefiting office/s. The Municipal Research and Invention Council shall have the following duties and functions: Create the criteria for the Research Grant based on the needs of the community, subject to approval of the Sangguniang Bayan in selecting the three (3) researches per category which will be given financial grant. Sit as panel in choosing research outputs as well as outstanding researches that is beneficial for the Municipality of Nabua. The Honorable Salas explained the responsibilities of the Researcher and Inventor. A.) The project/research proponent/s, through its project/research leader, shall submit the following documents, which shall include among others: 1.) Letter of application for assistance, which indicates among others, brief introduction of the project research and statement that the proponent/s has no sufficient financial capability to undertake the project research on their own. 2.) Approval of the title of project research proposal, including abstract (to be certified by the school or dependent head). 3.) Endorsement of the project research from the institution where the proponent/s are currently enrolled or working, and 4.) other documents necessary that will support the approval of application. B.) The Researchers shall consider the suggestions of the MRIC to be included in their research. C.) Satisfy the need of the beneficiaries in the context of applied science and or practical application of skills. D.) Maintain academic and scientific dialogues with the MRIC and the beneficiay to ensure that the research will reach its full potential. F.) Report to the MRIC if there is a concern regarding the research or invention, and F.) Perform its research functions without mental reservation rather than withSSUSUHE Hee eE ES eRe PRReSSE CERES HEE EesaeReeee s88 Page | 6Minutes of the Public Hearing conducted last September 16, 2020 @ 1:00-5:00 P.M, the spririt of helping community development and nation building. The Honorable Salas also explained that upon the determination of the Municipal Research and Invention Council and after the completion of the research, there shall be three (3) research outputs per category which shall be provided with the following grants based on their rank under Section 11 Financial Grant. For Research: 1% Place - Twenty Thousand Pesos (#20,000.00). 2™ Place ~ Fifteen Thousand Pesos (#15,000.00). 3"! Place ~ Ten Thousand Pesos (#10,000.00). For Invention: 1 Place - Twenty Thousand Pesos (20,000.00). 2" Place ~ Fifteen Thousand Pesos (P15,000.00). 3" Place - Ten Thousand Pesos {P10,000.00). For Student Creative Research: 1 Place - Fifteen Thousand Pesos (15,000.00). 2" Place ~ Ten Thousand Pesos (B10,000.00}. 3" Place - Five Thousand Pesos (#5,000.00). For Special Incentive: Per completed research ~ Three Thousand Pesos (#3,000.00). Fifty percent (50%) of the said grant shall be given upon passing the criteria and selection process through the Municipal Research and Invention Council and the remaining fifty percent (508) shall be given after the successful implementation of the said research. The Honorable Salas explained the Section 14 about the Funding Requirement, that the amount of at least Five Hundred Thousand Pesos (250,000.00) shall be allocated by the Municipal Development Council under the Special education Fund and other sources for the Financial Grant, funding for the research implementation, other research funding and other activities for the purpose including the honoraria of the selection committee subject to all relevant accounting and auditing laws, rules, and regulations. The Honorable Charles Michael G. Salas likewise explained about his second proposal which is the Proposed Ordinance No. 016 series of 2019, entitled “AN ORDINANCE OPERATIONALIZING FREEDOM OF INFORMATION IN THE MUNICIPALITY OF NABUA, CAMARINES SUR AND PROVIDING GUIDELINES THEREFORE,” under the Committee on Public Information. Honorable Salas explained that the coverage of the Proposed Ordinance are all the government offices under the Municipality of Nabua. Section 4 - Access to Information, that every Filipino resident of Nabua, Camarines Sur shall have access to information, official records, Public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used a3 basis for policy development, in the custody of the Municipality of Nabua or any of its offices. The Honorable Salas also explained the Exceptions of the Proposed Ordinance that the Freedom of Information shall be denied when the information falls under any of the exceptions enshrined in the constitution, existing law, or jurisprudence. That pursuant to this, the Municipal Administrator shall be vested to prepare a local inventory of FOI exceptions and submit the same to the Sangguniang Bayan within thirty (30) calendar days from the date of effectivity of the ordinance for its approval. Therafter, the SB Secretary shall cause the publication of the local inventory of FOL exceptions for the guidance of all government offices covered by this ordinance. That under Section 8 of the Proposed Ordinance, the Protection of Privacy in providing access to information, public records, and official records, responsible officials shall accord full protection to the right to privacy of the individual, pursuant to the Data Privacy Act of 2012, Republic Act No. 10173. That there 1s a procedure in filling and processing of request for access to information. Any person who requests access to information shall submit a written request to the office concerned. The public official receiving the request shall be designated the FOI Receiving Officer and shal) provide reasonable assistance, free of charge, to enable, requesting parties and particularly those with special needs, to comply with the request requirements under the section. The request shall be stamped by the concerned office, indicating the date and time of receipt and the name, rank, title and position of the FOI receiving officer with the corresponding signature and a copy thereof furnished to the requesting party. The concerned office shall respond to a request fully compliant with requirements of sub-section (a) hereof as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof. In Section 10 about Fees, it states that Offices shall not charge any fee for accepting requests for access to information. There shall be no charge in obtaining information in digital format. However, scheduled of fees is imposed for printing amounting to 2.00 and photocopying #1.00 as services rendered by the office. The Last Proposed Ordinance that was tackled was the Proposed Ordinance Sponsored by the Honorable Marvic R. Domagsang. The Chair recognized the Honorable Domagsang to explain about his Proposed Ordinance entitled, “ANs ease ae Page | TMinutes of the Publec Hearing conducted last September 16, 2020 @ 1:00 ~ 6:00 P.M. ORDINANCE REGULATING THE USE OF STREETS, SIDEWALKS, ALLEYS AND BRIDGES, AND THE USE AND DISPLAY OF BUSINESS SIGNAGES ALONG THE STREETS IN THE MUNICIPALITY OF NABUA,” under the Committee on Government Properties and Public Works and Infrastructure. The Honorable Marvic Domagsang explained and introduced his proposed ordinance, and after all the explanation on the salient provisions of the Proposed Ordinances made by the Principal Sponsors, the Honorable Presiding Officer Luzon opened the table for queries, questions, comments, and remarks. Barangay Kagawad Toto Bigayan of Barangay San Juan, and Barangay Kagawad Antonio Lanuza of Barangay San Luis raised a clarificatery questions and it was well addressed by the proponent. And there being no objection to the passage of the Proposed Ordinances for Public Hearing, the Honorable Barangay Kagawad Irene Villarasa moved for the approval on Public Hearing. It was duly seconded by Barangay Kagawad Batik Ricafrente, Barangay Kagawad Bersabe and Barangay Kagawad Sinto. The Public Hearing was adjourned at 3:05 in the afternoon. I HEREBY CERTIFY to the correctne of the foregoing Minutes. Prepared by: RODERICK B. LANUZO Admin. Aide-1 (Job Order) Attested: HON. OCGLANO LUZON residing Offider ‘Chairman; Committee on Women, Children, Family and LGBTQ+ Committee on Trade and industry, Market and Consumers Protection Vice-Chairman; Committee on Health and Sanitation ‘Member; Committee on Education Committee on Public information Committee on Agriculture and Livelihood Development