2014 - O - 08 AN ORDINANCE APPROVING AND APPROPRIATING THE AMOUNT OF ONE MILLION SIX HUNDRED FIFTY NINE THOUSAND SIX HUNDRED PESOS (PHP1,659,600.00) FOR THE OPERATIONS OF THE PUBLIC UTILITIES DEPARTMENT (PUD) FOR THE PERIOD JANUARY 2 – JUNE 30, 2014, CHARGEABLE AGAINST THE SPECIAL ACCOUNT – PUBLIC UTILITIES DEPARTMENT (PUD)

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION   OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON

FEBRUARY 19, 2014 AT THE CITY HALL.

PRESENT:

           

Hon. Rodel S. Cerezo - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer

Hon. Eyrma Yvette Marzan-Estrella- - - - City Councilor

Hon. Eduardo J. Piano- - - - - - - - - - - - -        “       “

           Hon. Aquilino Y. Cortez, Jr. - - - - - - - - -       “       “

            Hon. Eduardo G. Guerrero- - - - - - - - - - -      “       “

            Hon. Benjamin G. Cajudo II - - - - - - - - -        “       “

Hon. Elena C. Dabu - - - - - - - - - - - - - - -       “       “

Hon. Noel Y. Atienza - - - - - - - - - - - - - -       “       “    

Hon. Edna A. Elane-  - - - - - - - - - - - - - - -      “       “

Hon. Emerito Linus D. Bacay - - - - - - - - -       “       “

Hon. Randy D. Sionzon - - - - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

                        Hon. Alreuela M. Bundang-Ortiz - - - - - - - City Councilor

                                                                                         (On Official Business)

WHEREAS, Engr. Ramon C. Zavalla, Officer-in-Charge, PUD requested for the extension of services of PUD personnel for another year to bill, deliver, record and collect the remaining accounts receivables of PUD, perform electrical maintenance on all government installations as well as to secure the building and materials at the PUD building at Barangay Pag-asa, Olongapo City.

            NOW, THEREFORE,  on motion of City Councilor  Benjamin G. Cajudo II, with the majority decision of the Members of the Sangguniang Panlungsod present,

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

ORDINANCE NO.  08
(Series of 2014)

AN ORDINANCE APPROVING AND APPROPRIATING THE AMOUNT OF ONE MILLION SIX HUNDRED FIFTY NINE THOUSAND SIX HUNDRED PESOS (PHP1,659,600.00) FOR THE OPERATIONS OF THE PUBLIC UTILITIES DEPARTMENT (PUD) FOR THE PERIOD JANUARY 2 – JUNE 30, 2014, CHARGEABLE AGAINST THE  SPECIAL ACCOUNT – PUBLIC UTILITIES DEPARTMENT (PUD)

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

SECTION 1. The amount of One Million Six Hundred Fifty Nine Thousand Six Hundred Pesos (PhP1,659,600.00) is hereby approved for the  operations of the PUD for the period January 2 – June 30, 2014, chargeable against the Special Account - PUD;

Cont’. of Ordinance No. 08, Series of 2014

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            SECTION 2. The amount of One Million Six Hundred Fifty Nine Thousand Six Hundred Pesos (PhP1,659,600.00) is hereby appropriated, as follows:

Particulars:
Accountable Forms Expenses	66,000.00
Water Expenses	6,000.00
Electricity Expenses	50,000.00
Telephone Expenses - Landline	15,600.00
Consultancy Services	180,000.00
General Services	1,152,000.00
Office Supplies Expenses	25,000.00
Repair & Maintenance - Motor Vehicle	75,000.00
Gasoline, Oil & Lubricant Expenses	25,000.00
Insurance Expenses	50,000.00
Taxes, Duties & Licenses	15,000.00
Grand Total	1,659,600.00

            SECTION 3.  The letter request of Hon. Rolen C. Paulino, City Mayor dated 14 January 2014 and Certification of Fund Availability from Mr. Marcelino D. Andawi, City Treasurer, shall be made as integral part of this Ordinance.

SECTION 4. This Ordinance shall take effect upon its approval.

APPROVED,  February 19, 2014.

RODEL S. CEREZO

City Vice-Mayor & Presiding Officer

  EYRMA YVETTE MARZAN- ESTRELLA                            EDUARDO J. PIANO

                      City Councilor                                                           City Councilor

                        (opposed)                                                                     (opposed)

                                                                                                                         

                       AQUILINO Y. CORTEZ, JR.                                    EDUARDO G. GUERRERO                 

                                City Councilor                                                                            City Councilor         

                                                                           

                       BENJAMIN G. CAJUDO II                                                   ELENA C. DABU

                                  City Councilor                                                               City Councilor                     

                                                                                                                

                            NOEL Y. ATIENZA                                        ALREUELA M. BUNDANG-ORTIZ                          

                                City Councilor                                                                   City Councilor

                                                                                                                    (on official business))

   Cont’. of Ordinance No. 08, Series of 2014

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                         EDNA A. ELANE                                                         EMERITO LINUS D. BACAY

                             City Councilor                                                                     City Councilor         

RANDY D. SIONZON

President, Liga ng mga Barangay

ATTEST:

                MARIA VICTORIA PULMANO-BAVIERA

                                          Temporary  Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

                                                                                                            ROLEN C. PAULINO

                                                                                                                       City Mayor

ATTEST:

                         SHEILA R. PADILLA

                        Secretary to the City Mayor

2008 O - 27 - REGULATING THE OPERATION OF VIDEO KARAOKE MACHINES/UNITS IN THE CITY OF OLONGAPO AND THE IMPOSITION OF PENALTIES IN VIOLATION THEREOF

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 30, 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. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
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:
None.

WHEREAS, Section 458 of the Local Government Code of 1991 empowers the Sangguniang Panlungsod to approve ordinances for the general welfare and prescribe penalties for any violation thereof;

WHEREAS, it is a common knowledge that there is already a rapid proliferation of video karaoke joints/establishments in the City today;

WHEREAS, even small sari-sari stores in residential areas have also engaged in the business of operating video karaoke machines/units in open spaces and usually coin-operated, undeniably causing overwhelming disturbance in the affected communities;

WHEREAS, it has become an undeniable fact that the indiscriminate use and operation of video karaoke machines/units extend into what is generally accepted as sleeping hours;

WHEREAS, video karaoke joints/ establishments, particularly those whose construction and set up are inconsistent with City Ordinance No. 43, Series of 2006 otherwise known as “An Ordinance Revising the Zoning Regulations for the City of Olongapo and Providing for the Administration, Enforcement and Amendment Thereof and for the Repeal of all Ordinances in Conflict Therewith,” have not only been causing disturbance to communal tranquility but have been also known to exhibit and project lewd and obscene images on its screens/monitors which tend to corrupt the minds of minors;

WHEREAS, video karaoke joints/establishments have started becoming venues for gambling and betting as well;

WHEREAS, affected residents and even Barangay Officials have expressed their concerns about the situation and have requested the City Government through the City Council to immediately address the matter;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy, with the unanimous accord of the Members of the Sangguniang Panlungsod present,


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


ORDINANCE NO. 27
(Series of 2008)

AN ORDINANCE REGULATING THE OPERATION OF VIDEO KARAOKE MACHINES/UNITS IN THE CITY OF OLONGAPO AND THE IMPOSITION OF PENALTIES IN VIOLATION THEREOF

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

SECTION 1. Short Title. This Ordinance shall be known as the “VIDEO KARAOKE MACHINE ORDINANCE OF OLONGAPO CITY.”

SECTION 2. Definition of Terms.

(a) Video Karaoke Machine/Unit. Any equipment or musical contrivance comprising of a television set or monitor, video player, amplifier, speakers, microphones and any sound system used for sing-along whereby lyrics of a song with accompanying visual backdrops are seen on a monitor or screen.

(b) Coin-Operated Videoke Machine (COVIM). Similar to (a) but operated via coins.

(c) Video Karaoke Joints/Establishments. Any establishment operating and/or maintaining video karaoke machines/units.

(d) Lewd/Obscene Images. As defined in Ordinance No. 21, Series of 2008.

(e) Open Spaces. Refers to any unclosed area or surrounding.

SECTION 3. Prohibitions.

(a) No operation and/or lease of video karaoke machines/units or COVIM shall be allowed in open spaces.

(b) No gambling or betting in any form shall be allowed in Video Karaoke joints/establishments.

(c) No minor shall be allowed to enter any video karaoke joints/establishments unless allowed under the exceptions provided under Section 10 (b) of Republic Act 7610 otherwise known as “An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and for Other Purposes.”


SECTION 4. Exemptions.

(a) In case of wakes, anniversaries, birthdays, christenings, city and barangay fiestas, Christmas and New Year wherein video karaoke machines/units or COVIM are usually employed for recreation and entertainment, the recommended volume of forty decibels (40 dB), equivalent to normal conversation volume level, shall be strictly observed as to maintain tranquility within the community.

(b) The use of video karaoke machines/units or COVIM in the aforementioned circumstances shall cease at eleven o’ clock post meridian until seven o’ clock ante meridian of the next day.

SECTION 5. Requirements. A Mayor’s Permit must be secured by the operators of video karaoke machines/units or COVIM and/or video karaoke joints/establishments after the following requirements are complied with, to wit;

(a) Barangay Clearance.

(b) Maintenance and operation of video karaoke machines/units only inside the closed premises of the video karaoke joint/establishment.

(c) Provision of an area for video karaoke patrons immediately fronting the video karaoke machine/unit, with the sound emanating from which to be modulated accordingly with the use of sound reduction materials or devices to minimize noise.

(d) Posting of signage bearing the phrase “THIS ESTABLISHMENT ADHERES TO THE VIDEO KARAOKE MACHINE ORDINANCE OF OLONGAPO CITY” in a conspicuous area in their premises.

(e) Other requirements set forth by the Business Permits Office.

(f) As per Section 4 of this Ordinance, a clearance shall be obtained from the Office of the Barangay Captain prior to the use of the machine. In case of rented video karaoke machines/units or COVIMs, a business permit from the operator/lessor and a letter of consent signed by at least twenty (20) neighbors closest to the venue of occasion shall form part of the barangay requirements in the issuance of a clearance.

SECTION 6. Penalties. Any person found in possession of unsanctioned video karaoke machines/units or COVIM in violation of Sections 3 and 5 hereof shall be penalized in the manner herein provided below, to wit:

(a) FIRST OFFENSE. A fine of One Thousand Pesos (PhP 1,000.00), or imprisonment of not more than One (1) Month, or both, at the discretion of the court.

(b) SECOND OFFENSE. A fine of Three Thousand Pesos (PhP 3,000.00), or imprisonment of not more than Two (2) Months but not less than One (1) Month, or both, at the discretion of the court.

(c) THIRD OFFENSE. A fine of Five Thousand Pesos (PhP 5,000.00), or imprisonment of not more than Three (3) Months but not less than Two (2) Months, or both, at the discretion of the court. In addition, the joint establishment shall be subject for closure and its license or permit revoked and the video karaoke machines/units confiscated.

Moreover, the manager, operator or person in charge of the administration of the video karaoke joint/establishment shall be held liable together with the owner thereof.

SECTION 7. Enforcement.

(a) The Barangay, PNP, City Planning & Development Office, City Engineering Office, City Legal Office and Business Permit Office shall be the lead coordinating agencies in the implementation of this ordinance.

(b) Barangay authorities shall be tasked to monitor the noise level produced particularly during the exempted circumstances stated in Section 4 hereof and shall be further empowered to enjoin the termination of the activity and initiate the issuance of a citation if found in violation of the responsibilities contained herein.

(c) The citation shall consist of two (2) copies and shall both contain the full name of the violator including complete and latest address, contact particulars, nature of the offense and the corresponding penalty.

(d) Upon receipt of a citation, the violator shall be given ten (10) days to settle the penalty at the City Treasurer’s Office and thereafter provide the concerned barangay with a copy of the receipt of payment. Otherwise, the matter shall be turned over to the City Legal Office for lawful action.

(e) Confiscated video karaoke machines/units or COVIM shall be under the custody of the Business Permit Office.

SECTION 8. Repealing Clause. Any ordinance in conflict with any provision hereof, shall be deemed repealed or modified accordingly.

SECTION 9. Separability Clause. Should any provision of this ordinance be declared unconstitutional or invalid, the other provisions not so declared shall continue to be in full force and effect.

SECTION 10. Effectivity.

(a) This ordinance shall take effect immediately following its publication in a newspaper of general circulation in the City of Olongapo.

(b) Finally, for the purpose of this ordinance, all operators, owners and any other person currently operating video karaoke machines/units or COVIM and video karaoke joints/establishments are hereby given a period of sixty (60) days to reckon from the date of its effectivity, within which to comply with the provisions herein provided.


APPROVED UNANIMOUSLY, April 30, 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


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

2008 O - 07 - REGULATING THE OPERATION OF OPTICAL CLINICS IN OLONGAPO CITY FOR THE PURPOSE OF PREVENTING ILLEGAL PRACTICE OF OPTOMETRY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 06, 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. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
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:

None.


WHEREAS, the Government recognizes the essential role of optometry as a profession in safeguarding and enhancing the health and general physical well-being of the citizenry;

WHEREAS, there is a proliferation of optical clinics in Olongapo City manned by untrained and unlicensed persons necessitating a need to regulate their operation to protect the health of the public;

WHEREAS, some unscrupulous businessmen, oftentimes posing as “Health Maintenance Organizations” (HMO) groups, are illegally engaged in the practice of Optometry by conducting Barangay-based activities and house to house refraction and thereafter sell eyeglasses;

WHEREAS, these untrained and unlicensed persons oftentimes make erroneous diagnosis and treatment that can be very harmful to unsuspecting citizens and cause irreversible damage to their eyes and hard-earned money;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

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


ORDINANCE NO. 07
(Series of 2008)

AN ORDINANCE REGULATING THE OPERATION OF OPTICAL CLINICS IN OLONGAPO CITY FOR THE PURPOSE OF PREVENTING ILLEGAL PRACTICE OF OPTOMETRY, PROVIDING PENALTY FOR VIOLATION THEREOF


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

SECTION 1. DEFINITION OF TERMS

1.1 OPTOMETRY. The science and art of examining the human eye, analyzing the ocular functions, prescribing and dispensing ophthalmic lenses, prisms, contact lenses and their accessories and solution, low vision aids and similar appliances and devices, conducting ocular exercise, vision training, orthoptics, installing prosthetics, using authorized Diagnostic Pharmaceutical Agents (DPA), and other preventive or corrective measures or procedures for the aid, correction, rehabilitation or relief of the human eye, or to attain maximum vision and comfort.

1.2 OPTOMETRIST. A person who has been certified by the Board of Optometry and registered with the Professional Regulation Commission (PRC) as being qualified to practice Optometry in the Philippines.

1.3 OPTOMETRIST IN GOOD STANDING. A registered optometrist who is authorized to practice the profession in the Philippines by virtue of a valid Certificate of Registration and valid Professional License issued by the PRC for the purpose.

1.4 CERTIFICATE OF REGISTRATION. A document signed by the Commissioner of the PRC and all the members of the Board of Optometry and bearing its seal, issued to an applicant who has satisfied the requirements for the practice of Optometry.

1.5 PROFESSIONAL LICENSE. A renewable card, issued by the PRC to a registered Optometrist, indicating that he/she is competent and authorized to practice Optometry in the Philippines. Until the loss of its validity or its expiration, such license shall serve as evidence that its bearer is an Optometrist in good standing.

1.6 CODE OF ETHICS. A set of standards relating to the conduct, integrity and moral duties of optometrists, as prescribed by the duly integrated accredited National Organization of Optometrists and adopted and promulgated by the Board of Optometry upon approval by the PRC.

SECTION 2. ACTS THAT CONSTITUTE THE PRACTICE OF OPTOMETRY

2.1 The examination of the human eye through the employment of subjective procedures, including the use of specific topical Diagnostic Pharmaceutical Agents or drugs and instruments, tools, equipment, implements, visual aids, apparatuses, machines, ocular exercises and related devices, for the purpose of determining the condition and acuity of human vision and to correct and improve the same.

2.2 The prescription and dispensing of ophthalmic lenses, prisms, contact lenses and their accessories and solutions, frames and their accessories and supplies for the purpose of correcting and treating defects, deficiencies and abnormalities of vision.

2.3 The conduct of ocular exercises and vision training, the provision of orthoptics and other devices and procedures to aid and correct the abnormalities of human vision and installation of orthoptic devices.

2.4 The counseling of patients in clinics and similar places where optometric services are offered.

2.5 The establishment of offices, clinics and similar places where optometric services are offered.

2.6 The collection of professional fees for the performance of any acts aforementioned.

SECTION 3. PROHIBITION AGAINST THE UNAUTHORIZED PRACTICE OF OPTOMETRY

No person shall practice Optometry as defined in Section 3 of Republic Act No. 8050 nor perform any of the acts constituting the practice of Optometry as set forth in Section 1 hereof, without having been first admitted to the practice of this profession under provisions of the said Act and its Implementing Rules and Regulations:

Provided, that this prohibition shall not apply to regularly licensed and duly registered physicians who have received post-graduate training in the diagnosis and treatment of eye diseases:

Provided, however, that the examination of the human eye by duly registered physicians in connection with the physical examination of the patients shall not be considered as practice of Optometry:

Provided further, that the public health worker trained and involved in the government’s blindness prevention program conducts only visual acuity tests and visual screenings.

SECTION 4. Any person who is not a qualified and licensed optometrist and performs any of the acts enumerated in Section 2 shall be punished in accordance with the penalties provided herein.

SECTION 5. Any optometric service done outside the licensed optometrist’s optical clinic is hereby prohibited unless a proper and valid permit or clearance is issued by the barangay where the optometric services will be rendered. Otherwise, any house-to-house or structure-to-structure practice of optometry is punishable under section 7 of this ordinance unless such practice is authorized by a proper and valid barangay permit or clearance.

SECTION 6. The Barangay Captain is hereby allowed to issue a proper and valid permit or clearance for house-to-house or structure-to-structure practice of optometry only when the applicant submits the following requirements:

6.1 Letter of Request made by a group of persons, community associations civic and religious organizations, business establishments or companies and other entities, associations or organizations that require optical services by a licensed Optometrist.

6.2 Endorsement Letter coming from the Local Optometric Society of the Optometric Association of the Philippines.

SECTION 7. All prohibited acts as embodied in Republic Act No. 8050 otherwise known as an act regulating the practice of optometry, upgrading optometric education, integrating optometrists and for other purposes, and its implementing rules and regulations shall be part of this ordinance and shall be subjected to the penalties provided herein.

SECTION 8. PENALTIES

Anyone who violates this ordinance shall be punished with imprisonment of not less than One (1) month but not more than One (1) year, or a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00), or both, at the discretion of the court.

In addition, the administrative penalties specified in Section 26 of Republic Act No. 8050 shall be imposed whenever possible.

If the violation is committed by an association, partnership, corporation or any other institution, the managing officers and other persons responsible for its commission shall be liable for the penalties provided for in this ordinance.

SECTION 9. ENFORCING AUTHORITIES

The Barangay Officials shall assist the Local Police Authorities in enforcing the provisions of this ordinance and shall record the violation and confiscation in their logbook. Thereafter, the apprehending Barangay Officials shall immediately turn over the offender and the proceeds of the violations to the nearest police station for the filing of the case in court in accordance with the applicable law which is Republic Act No. 8050.

SECTION 10. SEPARABILITY CLAUSE

If any part, section, or provision of this ordinance is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 11. REPEALING CLAUSE

All ordinances, resolutions or local executive orders or rules and regulations contrary to or inconsistent with the provisions of this ordinance are hereby repealed, amended or modified accordingly.

SECTION 12. EFFECTIVITY CLAUSE

This ordinance shall take effect after its publication in a newspaper of general circulation in Olongapo City.

APPROVED UNANIMOUSLY, February 6, 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


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

2008 O - 04 - AMENDING O - 101 AND O - 106, BOTH SERIES OF 1978 PROVIDING FOR THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF COCKFIGHTING

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 06, 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. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
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:

None.

WHEREAS, Ordinance No. 101 and Ordinance No. 106, both series of 1978, define the establishment of location and citation of a cockpit arena in the City of Olongapo;

WHEREAS, the Local Government Code repeals the power and function of the Games and Amusement Board regarding the operation of a cockpit, devolving it to Local Government Units;

WHEREAS, the regulation and operation of a cockpit shall be provided by the LGUs in compliance with the Local Government Code also known as RA 7160;

WHEREAS, this Ordinance seeks to amend Ordinance numbers 101 and 106, both series of 1978, to fully comply with the provisions of RA 7160;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy co sponsored by Councilors Gina G. Perez, Rodel S. Cerezo, Edwin J. Piano, Anselmo A. Aquino, Elena C. Dabu, Carlito A. Baloy and Cheenee F. Hoya, with the majority decision of the Members of the Sangguniang Panlungsod present,

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

ORDINANCE NO. 04
(Series of 2008)

AN ORDINANCE AMENDING ORDINANCE NO. 101 AND ORDINANCE NO. 106, BOTH SERIES OF 1978 PROVIDING FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF COCKFIGHTING AND THE REGULATION OF COCKFIGHTING AND COMMERCIAL BREEDING OF GAMECOCKS

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

SECTION 1. TITLE. This Ordinance shall be known as “THE COCKFIGHTING ORDINANCE OF OLONGAPO CITY”.

SECTION 2. SCOPE. This Ordinance shall govern the establishment, operation, maintenance and ownership of cockpits and the breeding of game fowls.

SECTION 3. PURPOSE. It is the declared purpose of this Ordinance to abide by the policy of government in the promotion of recreation and amusement to bring about the following goals:

3.1 To ensure an orderly conduct of cockfighting to avoid disarray among the participating aficionados;

3.2 To effectively control and regulate cockfighting towards its establishment as a form or recreation, relaxation and source of entertainment;

3.3 To remove and prevent excessive and unreasonable business operation and profit consideration in the management of cockpits;

3.4 To provide additional revenues.

SECTION 4. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be understood, applied and construed as follows:

4.1 COCKPIT – an enclosed building usually with an area of a circular or hexagonal shape where battles of gamecocks are undertaken;

4.2 COCKFIGHTING – shall mean the commonly known game of “cockfighting”, “derby”, “pintakasi” or its equivalent terms in different Philippine localities;

4.3 BET TAKER or PROMOTER – refers to a person or persons in charge of handling bets during cockfights or one who collects losing bets and distributes them to the winning betters after deducting their commissions. They are more commonly known as “KRISTOS” and are classified as follows;

4.3a REGULAR BETTAKERS – those who are regularly employed by the owner-operator of the cockpit and hence, receive a commission as such; and

4.3b ORDINARY BETTAKERS – those who are not employed by the owner-operator and who always stay outside the cockpit arena but are nevertheless governed by the regulations in the management of a cockpit;

4.3c BETTORS – those persons who arrive at the agreement that those who lose in the outcome of the cockfight must pay what was agreed upon;

4.3d PROMOTERS – a person or group of persons who, by means of a written or verbal invitation to cockfighting aficionados, initiate the holding of cockfights or derbies;

4.3e GAFFER or ‘’ TAGA-TARI’’ – refers to an individual who is capable of arming a gamecock by fastening a sharp metal spur to its leg;

4.3f REFEREE or SENTENCIADOR – a person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and declares his decision by word or gestures and announces the result of the cockfight by proclaiming the winning gamecock;

4.3g “TAGA-GAMOT” – refers to an individual who, by customs and traditions, attend to the medical needs of a wounded gamecock;

4.3h SULTADOR – the owner of the gamecock himself or a representative of the owner designated to release the gamecock for the fight;

4.3i BREEDERS – those engaged in the activity of producing game fowls for commercial purposes;

4.3j DERBY – a pre-scheduled cockfighting with the corresponding minimum weights and bets, it is either 2-cocks; 3-cocks; 4-cocks; 5-cocks; 6-cocks; 8-cocks and stag derby with specific regulations to be met and executed by its participants;

4.3k ENTRY – simply refers to a participating gamecock.

SECTION 5. IMPOSITION OF FEES – The rates of fees imposed are as follows;

5.a FRANCHISING FEE - - - - - - - - - - - - - - - - - - - - - - - - - - - PhP 3,000,000.00

5.b APPLICATION FILING FEE- - - - - - - - - - - - - - - - - - - - - 500.00

5.c ANNUAL COCKPIT LICENSE FEE- - - - - - - - - - - - - - - - 5,000.00
SECTION 6. ANNUAL PERMIT FEES FOR COCKPIT PERSONNEL

6.a Ordinary Bet Takers - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PhP 150.00

6.b Regular Bet Takers - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200.00

6.c Promoters- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,000.00

6.d Gaffers- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200.00

6.e Referee - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 300.00

6.f Taga-gamot - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 250.00

6.g For a scheduled day of cockfight, the manager, operator,
maintainer, or owner of cockpit shall pay a fee of
One Thousand Five Hundred Pesos (PhP1,500.00)
for its cockfight day payable on or before the scheduled date.

6.h Special permits fees shall likewise be paid for the following:

6.h1 International Derby - - - - - - - - - - - - - - - - - - - - - - - - PhP 15,000.00

6.h2 Special Cockfights- - - - - - - - - - - - - - - - - - - - - - - - - - 3,000.00
6.h3 Two-Cock Derby- - - - - - - - - - - - - - - - - - - - - - - - - - - 1,000.00
6.h4 Three-Cock Derby- - - - - - - - - - - - - - - - - - - - - - - - - - 2,400.00
6.h5 Four-Cock Derby- - - - - - - - - - - - - - - - - - - - - - - - - - - 4,000.00
6.h6 Five-Cock Derby & over - - - - - - - - - - - - - - - - - - - - - - 5,000.00

6.i For every “SULTADA” for derby to be collected from the owner of
winning cocks to be remitted to the City of Olongapo treasury by
the cockpit owner or operator (Sultada Fee is Ph100.00)

SECTION 7. TIME OF PAYMENT. The fees mentioned in the immediately preceding section shall be paid to the City Treasury after Fifteen (15) days from the effectivity of this Ordinance and every expiration dates of licenses thereafter. A grace period of Ten (10) days is granted under this section for failure to pay during the exact expiration or due date.

SECTION 8. SURCHARGE FOR LATE PAYMENTS. Failure to pay the prescribed fees under Section 7 hereof during the period stipulated shall subject the person concerned to a surcharge of 25% of the original amount due.

SECTION 9. ADMINISTRATIVE PROVISIONS. The following shall be the administrative provisions of this Ordinance:

9.1 Considering that the City of Olongapo has a population of more than 100,000, two (2) cockpits may be allowed to operate as may hereafter be provided;

9.2 The site of construction of cockpits shall be constructed and operated within the appropriate areas as prescribed in the City Zoning Ordinance. No cockpit however shall be established, maintained and/or operated within a radius of 200 linear meters from hospitals, school buildings, churches, or other public buildings or properties and a radius of 15 - 20 linear meters from any existing residential and commercial areas. Cockpits may also be established within and/or as an adjunct of resorts, sports and/or recreational projects sites duly recognized and registered with the Philippine Tourism Authority, subject to the construction of cockpits shall be made by the City Engineering in accordance with the National Building Code and other applicable Laws.

9.3 Licensing of Cockpits- upon prior application made, the Sangguniang Panlungsod is duly authorized to issue a license for the establishment, operation and maintenance of cockpits.

9.4 Requirements for the licensing of cockpits. The following requirements must be fully complied with before the issuance of licenses;

9.4a New License. Every application for a new license to operate and maintain a cockpit shall submit to the Sangguniang Panlungsod the following:

A. The location and vicinity plan of the cockpit;
B. The cockpit building plan/design as approved by the City Engineering and a certification by him to the effect that the cockpit was constructed in accordance with such approved plan/design in the area allowed by the Zoning Ordinance, a certification by the building official to the effect that the location/site of the

cockpit is not within 15 linear meters from the highway and is pursuant to Subsection 9.2 of the Administrative Provisions of this Ordinance;
C. Official Receipts showing payments of City taxes, fees and other levies prescribed by ordinance duly promulgated by the City;
D. Health and Sanitation Certificate;
E. Fire and Safety Certificate from the Bureau of Fire Protection.

9.4b Annual Renewal. Every application for the annual renewal of a license to operate or manage a cockpit shall be submitted to the Sangguniang Panlungsod not later than the end of the year, and shall be accompanied by the following;

1. Official Receipts showing payments of City taxes, fees, and other levies as prescribed by pertinent City Ordinances; and
2. If the cockpit was constructed more than TEN (10) years before the date of application for license renewal, a certification issued by the City Building Official to the effect that such cockpit is FREE from material, structural or other physical hazards.

9.5 Only licensed Gaffers, Bet takers, Referees, and Promoters including Taga-gamot shall be allowed to participate in the cockfighting on any given cockfight or derby including Sundays’ regular cockfighting. Licensed persons under this section are those who have substantially complied with the payment of corresponding fees stated under Section 5 of this Ordinance.

9.6 Holding of Cockfights. Cockfighting shall be allowed only in licensed cockpits during Sundays and Legal Holidays as may be allowed upon prior application with the Sangguniang Panlungsod, during the City Agricultural, Commercial or Industrial fair, carnival or exposition for a period of THREE (3) days, provided that no cockfighting shall be held on December 30 (RIZAL DAY), June 12 (PHILIPPINE INDEPENCE DAY), November 30 (NATIONAL HEREOS DAY), HOLY THURSDAY, GOOD FRIDAY, Election or Referendum Day and during Registration Days for such election or referendum.

9.7 Cockfighting may also be allowed upon prior resolution approved by the Sangguniang Panlungsod for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos or Balikbayan or for the support of National Fundraising campaigns for charitable purposes, in the latter case, as maybe by the Office of the President, in licensed cockpits or in the playground or parks.

9.8 The Chief of Police of the city shall assign ONE (1) element in complete uniform of his unit inside the arena for assistance and for the purpose stipulated for the security of the bet takers and management, operator of the cockpit. He shall be further required by virtue of this Ordinance, to assign FOUR (4) elements of his unit during Sundays regular cockfighting, including any promoted cock fight and derby to see to it that PEACE AND ORDER situation is properly observed and maintained. Furthermore, he is also empowered or his duly AUTHORIZED representative to inspect license of person mentioned under SECTION 4 hereof for purpose of compliance with this Ordinance and finally, shall have the right to prohibit or deny participation of those persons who fail to comply with the provisions of this Ordinance particularly Section 3.

9.9 No person shall be allowed to bring firearms of any caliber, or any deadly weapons, except those who are duly authorized personalities with the corresponding mission orders and a license/permit to carry outside their residence.

9.10 Other GAMES during cockfighting prescribed. No gambling of any kind shall be permitted within the premises of the cockpit arena during cockfights. The owner, manager, or operator of the cockpit and participants thereof shall be criminally liable under the penal provisions of this Ordinance.

9.11 No Government Employee, Local Barangay Official, Local City Official are allowed to directly or indirectly play and/or place bets, and/or to have an entry in cockfights.

9.12 No bottled liquor/alcoholic drinks shall be allowed within the premises of the cockpit and only plastic container drinks are allowed to be sold.

9.13 No person under EIGHTEEN (18) years old shall be allowed to participate in cockfight being held in all cockfighting arenas in the City of Olongapo.

9.14 Registration of BREEDERS. All breeders of game fowls are required to register with the Office of the City Veterinarian.

9.15 Cockfighting Board. A Board comprising of FIVE (5) members shall be created by the City Mayor to REGULATE the operation and MANAGEMENT of cockpit(s) in the City of Olongapo.

SECTION 10. PENAL PROVISIONS. The following penalties shall be imposed on any or all violations of this Ordinance;

10.1 For the First Offence. A FINE of P1,000.00 or imprisonment of ONE (1) week or both at the discretion of the proper court;

10.2 For Second Offence. A FINE of P2,500.00 or imprisonment of ONE (1) month or both at the discretion of the proper court;

10.3 For Third Offence. A FINE of P5,000.00 and or imprisonment of THREE (3) months or both at the discretion of the proper court;

Perennial Violators of this Ordinance after due notice and hearing shall suffer the penalty of ONE (1) month to SIX (6) months suspension from operating the cockpits business in addition to the aforementioned penalties.

The Officers of the juridical persons/corporate entities such as the President, General Manager and other persons shall be liable in their personal capacity and shall be sanctioned in accordance to the provision imposing penalties to natural persons.

In case of juridical persons, the latter is under obligation to notify its employees about the violation of this Ordinance.

SECTION 11. REPEALING CLAUSE. Local Ordinances, Resolutions, Orders, Rules and Regulations that are inconsistent with this Ordinance are hereby repealed, modified or amended accordingly.

SECTION 12. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared unconstitutional and/or illegal, the remaining parts of this Ordinance shall not be affected and shall therefore be in full force and effect.

SECTION 13. EFFECTIVITY CLAUSE. This Ordinance shall take effect immediately upon satisfaction of its required publication in a newspaper of general circulation in the City of Olongapo and the posting of the same in two (2) conspicuous places of the City.

APPROVED, February 6, 2008.



CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)


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


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor
(Opposed)


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