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Legislative Tracking System

2009 ORDINANCE NO. 1

AN ORDINANCE FIXING CURFEW HOURS TO MINORS BELOW 18 YEARS OLD WITHIN THE MUNICIPALITY OF CATARMAN, CAMIGUIN, FROM 9:00 O’CLOCK IN THE EVENING TO 4:00 O’CLOCK IN THE MORNING.


BE IT ORDAINED by the Sangguniang Bayan of Catarman, Camiguin, in its regular session, the above-captioned ordinance:


Section 1

TITLE: This ordinance shall be known as “THE CURFEW ORDINANCE OF 2009”.


Section 2

DECLARATION OF POLICY AND PRINCIPLE. It is hereby declared the policy and principle of the Municipality of Catarman, Camiguin, in accordance with the mandate of the Constitution, R.A.7160 and other related laws to look the welfare of minors in this municipality. All appropriate measures shall be taken to ensure their normal development and to project and prevent them from committing any unlawful act inimical to the welfare and morals of the inhabitants of the municipality.


Section 3

PROHIBITION. Minors below 18 years old within the municipality of Catarman, Camiguin, shall be prohibited from roaming around or loitering in any public places like but not limited to highway, road, street, alley, avenue, bridge or other thoroughfare, park, parking lots plaza, waiting shed, market building, school building and school campus, coastlines and beaches, and any open space whether of public or private ownership from 10:00 o’clock in the evening to 4:00 o’clock in the morning.


Section 4

EXEMPTIONS. The following are exempted from this ordinance:


4.1 Any minor who attends or participates in whatever authorized civic or academic activities, provided consent or written permission from their parents and/or guardians is given but not to exceed the time allowed thereon;

 4.2 Any minor who is doing errands or jobs during any emergency cases upon the direction of the parents and/or guardians; in no cases shall minors 10 years old and below be permitted to do errand during the curfew hours;

4.3 Any minor who attends vigil or any holy observance, provided that he/she is in company or cosset with his/her parents and/or guardians;

4.4 Any minor who attends or participates in any social of cultural presentations or extravaganza or any events which will help him/her grow as a bustling and useful individual provided he/she will come home at a certain time that his/her parents expected him/here to be;

4.5 Any minor who attends night classes or having group discussions provided they will not go beyond the time allowed thereon and/or with a written approval from his/her advisers or professors and parents or guardians; and

4.6 Any other justifiable  reasons as the case may be. Provided a corresponding certification or letter or any other documents duly signed by any persons in authority is manifestly issued or presented.


Section 5

PENALTIES. Any minor below 18, but not less than 15 years of age who transgresses this ordinance shall be penalized, to wit:


5.1 FIRST OFFENSE - Reprimand but his/her apprehension must be recorded in POLICE BLOTTER and immediately thereafter, the APPREHENDING OFFICER shall turn-over his/her custody to the parents or guardians. A one hour lecture, skills training, seminar, education and other activities that will enhance his/her psychological, emotional and psycho social well-being shall be given in the following day by a COUNSELLING COMMITTEE to be determines by the respective LOCAL GOVERNMENT UNIT through the MUNICIPAL COUNCIL for the protection of children.

5.2 SECOND OFFENSE - An additional two (2) days COMMUNITY-BASED SERVICE which nature of work shall be prescribed by the MUNICIPAL/BARANGAY COUNCIL for the protection of children;

5.3 THIRD OFFENSE - A fine of P250.00 shall be imposed in addition to the preceding penalties. Civil liability is attached to his/her parents or guardians.


Minors below 15 years of age who are in conflict with this ordinance shall be dealt with accordance with the provisions of RA 9344.


Section 6

IMPLEMENTING TASK FORSE - There is hereby constituted Management Group and Task Force for the enforcement of this ordinance:


A. MANAGEMENT GROUP


Chairman : The Municipal Mayor

Vice Chairman : The Municipal Vice Mayor

Members : The Sangguniang Bayan Members & Chairmen

: Committees on Peace & Order and Youth Development

: The Municipal Social and Welfare Development Officer

: The Department of Education

: The Commission on Higher Education

: The Chief of Police – PNP

: President-Liga ng mga Barangay


B. ENFORCEMENT GROUP


PNP Chief of Police-Catarman

PNP Personnel of Catarman

The Fourteen (14) Barangay Captains

Civilian Voluntary Officers


Section 8

REPEALING CLAUSE. All ordinances, executive orders, local administrative issuances or parts thereof which are inconsistent with any provision of this ordinance are deemed repealed, amended or modified accordingly.


Section 9

SEPARABILITY CLAUSE. If for any reason, any part or provision of this ordinance is declared unconstitutional or invalid, other parts hereof not affected by such declaration shall remain in full force and effect.


Section 10

EFFECTIVITY. This ordinance shall take effect upon approval and after complying with the publication and posting requirements.


ADOPTED this 16th day of March 2009


APPROVED: March 16, 2009


GRACE NIEVES B. VELOSO

SB Secretary


ATTESTED:


NESTOR A. JACOT

 

APPROVED:


CLAUDIA E. MAISO

MARVE G. RODRIGUEZ

ROGELIO P. ACIDO

GODOFREDO S. APUGAN

LIBRADO B. ABESAMIS

THOMPSON I. BABAEL

RONY N. SAGOCSOC

JUNEL MARK S. LUMACANG