2008 O - 21 - AMENDING SECTIONS 3 AND 4 OF CITY ORDINANCE NO. 28, SERIES OF 1995

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 10, 2008 AT THE CITY HALL.

PRESENT:
Hon. Cynthia G. Cajudo - - - - - - - - - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - City Councilor
(On Official Business)


WHEREAS, R.A. 9208 Anti-Trafficking in Persons Act defines pornography as any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes;

WHEREAS, issues regarding pornography are becoming complex and so is the public policy that is governing it;

WHEREAS, there are certain individuals who clamor for the amendment of some sections in the Ordinance No. 28, Series of 1995 that are unclear or too broad that need to be definite;

NOW, THEREFORE, on motion of Councilor Gina Gulanes-Perez with the unanimous accord of the Sangguniang Panlungsod present,

RESOLVED, AS IT HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to enact the following Ordinance:

ORDINANCE NO. 21
(Series of 2008)

AN ORDINANCE AMENDING SECTIONS 3 AND 4 OF CITY ORDINANCE NO. 28, SERIES OF 1995 ENTITLED “AN ORDINANCE PROHIBITING INDECENT ACTS IN PUBLIC, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES”

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 3. Prohibited Acts. A person is deemed to have committed an indecent, lewd, immoral or obscene act under the following circumstances:

Performing nude or undressing while performing or appearing in public view. Nudity by any person within the premises of the establishment.

Appearing in public view in any indecent or lewd clothing. Wearing only swimsuit-like two-piece or brassiere and panty for women; only trunks or briefs for men. Wearing of any net, sheer or see-through garments with only underwear underneath.

Loitering or going outside of the establishment wearing only the clothing stated in section b.

Committing unseemly obscene or filthy act, or any lewd, indecent, immoral or insulting conduct or behavior. Performers doing or imitating sexual acts on or off stage either alone or with someone.

Ultimate sexual acts, normal or perverted, actual or simulated. Masturbation or lewd exhibition of the genitals or genital area.

Artificial restraint for the purposes of torture, physical abuse, punishment or irresistible sexual contact.

Circulating, distributing, selling, offering or exposing for sale or delivering to another, or cause the same to be done any lewd, indecent or obscene book, figure, movie, video presentations or any other thing.

Exhibiting or performing, or cause or allow to be exhibited or performed, in or upon any house, building, lot or premises owned or occupied by him, or under his management or control, any lewd, indecent or immoral show, play or other representation.

A male person wearing women’s apparel in order to deceive or attract others into believing that he is a woman or in order to insure the commission on lascivious acts and/or other crimes.

Child pornography depicting voluntary or involuntary sexual contacts; i.e., sexual foreplay and/or penetration or the otherwise implied exploitation of individuals who are minors or who are portrayed as minors in lewd publications or shows.

Hiring, employing, using, persuading, inducing or coercing another person to perform in obscene exhibitions and indecent shows, whether live or in video, pose or model in obscene publications or pornographic materials or to sell or distribute the said materials and shall be considered principal by induction equally liable the latter person.

Knowledge of such nuisance means having knowledge of the contents and character of a patently offensive sexual conduct which appears in lewd matter or lewd show. A person caught or proven engaging in these lewd or indecent acts will be declared a PUBLIC NUISANCE and will be charged CRIMINALLY liable under the Penal Code of the Philippines.

SECTION 4. Penal Provisions. Violation of any other provisions of this Ordinance shall be penalized by the following:

First Offense – a fine of not less or more than PhP2,500.00 for the performer; a fine of not less or more than PhP5,000.00 and cancellation for one (1) month of business permit for the establishment owner.

Second Offense – a fine of not less or more than PhP5,000.00 for the performer; cancellation for three (3) months of business permit and a fine of not less than or more than PhP5,000.00 for establishment owners.

Third Offense – establishment will be subject for permanent closure.

When a government employee/official, a member of the Philippine National Police, or Judiciary is found tolerating or participating in the abovementioned provisions, an administrative case will be filed.

Prosecution under this Ordinance shall be without prejudice to any prosecution in proper cases under Art. 200 and 201, the Revised Penal Code and Section 9, Art. V, R.A. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act).

APPROVED UNANIMOUSLY, April 10, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor
(On Official Business)


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor