Republic of the Philippine
Province of Samar
Municipality of Basey
OFFICE OF THE SANGGUNIANG BAYAN
-oOo-
Municipal Ordinance No. _______
Series of 2023
Author: Hon. Joquint Manuel L. Orejola
Co-Author: Hon. Ariel P. Duran
“AN ORDINANCE REGULATING THE USE OF KARAOKE, VIDEOKE, AND OTHER SIMILAR MACHINES, AND
DEVICES AND OTHER INSTRUMENTS IN THE MUNICIPALITY OF BASEY”
WHEREAS, the 1987 Constitution provides that the maintenance of peace and order, the
protection of life, liberty, poverty and promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy;
WHEREAS, section 16 of the Republic Act 7160 otherwise known as the “Local Government Code
of 1991”, states that every local government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient
and effective governance, and those which are essential to the promotion of the general welfare. Within
their respective territorial jurisdiction, local government units shall ensure and support the promotion of
health and safety, maintain peace and order, and preserve the comfort and convenience of their
inhabitant;
WHEREAS, the same Code provides that the Sangguniang Bayan shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the municipality and its inhabitants, and for
the efficient and effective municipal government, maintain peace and order by enacting measures to
prevent and suppress lawlessness and disorder, regulate events or activities for amusements and
entertainment which tend to disturb the community or annoy the inhabitants, and declare, prevent or
abate any nuisance;
WHEREAS, the Department of the Interior and Local Government (DILG) urged local
governments units (LGUs) to enact ordinances prohibiting videoke and other loud, distracting noises
during online / blended class schedules of students and teachers;
WHEREAS, the excessive, unnecessary or unusually loud sound from the said audio devices
beyond the limit of acceptable level within residences and on the streets, is deemed as noise pollution
and cause annoyances, and disturbances, and injures and endangers the comfort, health, and safety of
others within the municipality.
WHEREAS, the Municipal Government of Basey deems it necessary to regulate the use of
karaoke, videoke and similar sound-producing devices, which may cause disturbance to the community
and distractions to our students and teachers during their blended learning activities.
NOW, THEREFORE, be it ordained by the Sangguniang Bayan of the Municipality of Basey, in
session assembled:
SECTION 1. TITLE. This Ordinance shall be known as the “THE USE OF KARAOKE, VIDEOKE AND
OTHER SIMILAR MACHINES , and DEVICES OR INSTRUMENTS IN THE MUNICIPALITY OF BASEY”
SECTION 2. DECLARATION OF POLICY. The Municipality of Basey values the education of
Basaynon students. It shall support and promote their welfare by providing a safe and healthy
environment conducive for learning.
SECTION 3. OBJECTIVE. – This ordinance intends to regulate the use of karaoke, videoke and
similar sound- producing devices, which may cause disturbance to the community and distractions to
our students and teachers in their blended learning activities and those engaged in work-from-home
arrangements.
SECTION 4. DEFINITION OF TERMS. The terms below when use in this ordinance shall mean as
follows:
1. Noise disturbance – means a disturbing or excessive sounds or noise level that a
noise or that create actual mutual or eminent interference with the peace and
order which can be heard in the distance of 50 feet in which the sound system
or sound amplify equipment is located;
2. Videoke, karaoke and similar sound producing devices – means any machine or
device that is used for the amplication of the human voice, music or any other
sound.
SECTION 5. ALLOWABLE ACTS. – Any person, found in any residential area of the Municipality of
Basey, shall be allowed to properly use karaoke , videoke or other similar machines, devices or
instruments that produce a loud noise only on the following periods:
1. Fridays from 8:00 PM to 10:00 PM,
2. Saturdays from 10:00 AM to 10:00 PM
3. Sundays from 10:00 AM to 10:00PM
4. Regular holidays.
Establishments in commercial areas in the Municipality of Basey may properly use
karaoke, videoke and other similar machines, devices or instruments that produce a
loud noise in the conduct of their business; Provided that, the owners, managers and/or
employees of such establishments shall put in place appropriate measures or devices
that will minimize the noise; Provided finally that, in case of failure to minimize the
noise after notice, such establishment shall immediately stop and cease from further
using the sound producing device, otherwise, they shall be cited for violation of the
Ordinance.
SECTION 6. PROHIBITED ACTS. Using, or abetting the use of karaoke, videoke or other similar
machines, devices or instruments that produce a loud noise outside the periods mentioned in Section 5
hereof is prohibited, and the penalties in section 10 hereof shall apply.
SECTION 7. EXEMPTIONS. – Machines, devices or instruments actually used by students and
teachers for their blended learning activities shall be exempt from the implementation of the Ordinance.
Public service announcements made by national and local government officials or employees using
sound-producing devices shall be exempt. The use of machines, devices or instruments by religious
organizations during worship service and activities related to the exercise of freedom of religion shall,
likewise, be exempt.
SECTION 8. ENFORCEMENT- The PNP-Basey, assisted by the Punong Barangay and their
Barangay Tanod shall enforce the Ordinace.
SECTION 9. PENATIES. – Any person found violating this ordinance shall suffer the following
penalties.
A. First offense – Notice of Violation;
B. Second offense – a fine of Five Hundred Pesos P 500.00;
C. Third offense - a fine of One Thousand Pesos P 1,500.00;
D. Fourth Offense / Subsequent Offense – a fine of Two Thousand Pesos P 2,500.00, or
imprisonment at the discretion of the court
SECTION 10. SEPARABILITY CLAUSE. – If any provision of this Ordinance is determined to be
invalid, illegal or unenforceable, its remaining provision shall remain in full force as though the
Ordinance did not originally include such invalid, illegal or unenforceable provision.
SECTION 11. REPEALING CLAUSE. – All ordinance and resolutions or any part thereof which are
inconsistent with the foregoing provisions are hereby repealed or modified accordingly.
SECTION 12. EFFECTIVITY CLAUSE. – This Ordinance shall take effect after its publication in a
newspaper of general circulation or after posting the copy of said ordinance in different conspicuous
place in the Municipality of Basey.
