PRESENT: Hon. Harris Glenn D.
Puyot, City Vice-Mayor
Presiding Officer
Hon. Robert N. Cong, SP Member
Hon. Ernie M. Ceniza, SP Member/Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Lito B. Bulasa, SP Member
Hon. Nieva C. Famador, SP Member
Hon. Alicia C. Funcion, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Ernesto G. Tapales, SP Member
ABSENT: Hon. Mark Lito O. Polgarinas, SP Member/City SK Fed. Pres
CITY ORDINANCE NO. 2010-011
AN ORDINANCE PROHIBITING THE DRINKING OF LIQUORS AND
INTOXICATING BEVERAGES IN ALL PUBLIC PLACES AND
FACILITIES WITHIN THE CITY OF CABADBARAN, PROVIDING
PENALTIES THEREOF AND FOR OTHER PURPOSES.
WHEREAS, it is the primary objective of the City of Cabadbaran to
promote peace and order within its territorial jurisdiction;
WHEREAS, drinking of liquors and other intoxicating beverages in public
places and facilities will cause annoyance, nuisance and even creating trouble to
the detriment of the tranquility of the community.
WHEREFORE,
BE IT ORDAINED, by the 2nd Sangguniang Panlungsod in its 11th
Regular Session assembled, that:
SECTION 1. Coverage- this Ordinance shall be applied within the
territorial jurisdiction of the City of Cabadbaran.
SECTION 2. Definition of Terms- this ordinance defines the following
terms.
A) Public Places refers to places intended for public
use/gatherings such as but not limited to, Rizal Park, Atega
Childrens Park, Land Transport Terminal and Public Market,
Abbatoir, Public Cemetery, Barangay Halls and Multi-Purpose
Halls, Public Schools and other public places as may hereinafter
identified or established;
B) Facilities - this includes but not limited to sports
complex such as, the City Gymnasium, Tennis Courts,
Basketball Courts and Volleyball Courts.
City Ord. No. 2010-011 - - -/
Page 2 - - - - - - - - - - - - - /
C) Intoxicating liquors/beverages - wine (locally
produced), tuba, basi, mallorca, siu hoc tong, any brand of beer
and other fermented or distilled liquor, that contains ethyl
alcohol, or ethanol, as an intoxicating agent.
D) Person in Authority - any person directly vested
with jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board or commission.
For the purpose of this Ordinance, the Punong Barangays,
the Sangguniang Barangays and the Members of the Lupong
Tagapamayapa are deemed Persons in Authority in their
respective Barangays. (Sec. 388, LGC). This includes teachers,
professors, and persons incharged with the supervision of public
or duly recognized private schools, colleges, and universities
(C.A. No. 578).
E) Agent of Person in Authority - Any person who, by
direct provision of law or by election or by appointment of
competent authority, incharged with the maintenance of public
order and the protection and security of life and property, such
as but not limited to policemen and traffic enforcers.
SECTION 3. Prohibition. It is prohibited for any person to drink liquors
or intoxicating beverages in public places and facilities within the City of
Cabadbaran except during official functions and legitimate social activities such
as weddings, baptismal and other similar ceremonies; and activities
hosted/initiated/sponsored or otherwise sanctioned by the city government;
Provided, that the social drinking shall not cause unruly behaviors otherwise this
prohibition shall apply.
SECTION 4. Penalties- Any person violating the prohibitions of
Section 3 hereof shall suffer the following graduated penalties:
For 1st Offense - a fine of P 500.00
For 2nd Offense - a fine of P 1,000.00
For 3rd Offense - a fine of P 1,500.00 and a maximum of
10 days or an imprisonment as may be
determined by the court.
SECTION 5. Authority and Culpability of Barangay Tanod. All
Barangay Tanods of this City are hereby authorized to assist the
policemen in apprehending violators of this ordinance in accordance with
Article 4, Chapter 7, (Peace and Quiet) of the General Code of Ordinances.
Notwithstanding the culpability of Barangay Tanods who committed
extortion or abuse of authority under Section 5, Article 4 (Peace and Quiet) of
the aforesaid Code, any Barangay Tanod who personally discovers or who
acquires information from other sources, any violation committed under this
Ordinance but refuses or neglects without justifiable reason, to apprehend the
violator, shall be terminated from duty and penalized by imprisonment for a
period of not less than two (2) days at the discretion of the court upon
conviction.
City Ord. No. 2010-011 - - -/
Page 3 - - - - - - - - - - - - - /
SECTION 6. Responsibility and Culpability of Persons in Authority
and Agents of Persons in Authority. Appropriate administrative discipline is
hereby imposed upon Persons in Authority and Agents of Persons in Authority
who actually discovers or who has a personal knowledge from other sources
on the violation committed but refuses or fails to apprehend the violators
without justifiable reason.
For the above purpose, it shall be the duty of any citizen who has
personal knowledge of the refusal or neglect to apprehend of the Barangay
Tanod or Persons in Authority or Agents of Persons in Authority, to report the
incident to the City Mayor for appropriate action.
SECTION 7. Repealing Clause- All local legislations inconsistent with
this Ordinance are hereby repealed/amended accordingly.
SECTION 8. Separability Clause. - If, for any reason or reasons, any
part or provision of this Code shall be held to be unconstitutional or invalid,
other parts or provisions hereof which are not affected thereby shall continue to
be in full force and effect.
SECTION 9. Effectivity- This Ordinance shall take effect after 15 days
of publication in 3 conspicuous places in the City of Cabadbaran.
ENACTED AND APPROVED: OCTOBER 6, 2010
Author : HON. HARRIS GLENN D. PUYOT
Co-authors : HON. SALUTARIO B. CUASITO
HON. LITO B. BULASA
HON. NIEVA C. FAMADOR
Movant : HON. LITO B. BULASA
Seconder : HON. SALUTARIO B. CUASITO
CERTIFIED CORRECT:
HARRIS GLENN D. PUYOT
City Vice Mayor
Presiding Officer
ROBERT N. CONG ERNIE M. CENIZA
SP Member SP Member/
Plenary Floor Leader
City Ord. No. 2010-011 - - -/
Page 4 - - - - - - - - - - - - - /
SALUTARIO B. CUASITO LITO B. BULASA
SP Member SP Member
NIEVA C. FAMADOR ALICIA C. FUNCION
SP Member SP Member
RAYKITO M. KITTILSTVEDT ERNESTO G. TAPALES
SP Member SP Member
MARK LITO O. POLGARINAS
SP Member/City SK Fed. Pres.
(Absent)
ATTESTED:
NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod
Submitted to the Mayor:
Date: ______________
APPROVED:
DALE B. CORVERA
City Mayor
lmb11thRS
ctord2010007
