Republic of the Philippines
City of Ormoc
BARANGAY CABINGTAN
BARANGAY ORDINANCE NO. 02
SERIES 2024
AN ORDINANCE ESTABLISHING CURFEW HOURS FOR MINORS WITHIN
THE TERRITORIAL JURISDICTION OF BARANGAY CABINGTAN, ORMOC
CITY, PROHIBITING THEIR PRESENCE IN PUBLIC SPACES FROM 10:00
PM TO 4:00 AM, AND PROVIDING GUIDELINES FOR APPREHENSION,
VIOLATION CHARGES, AND OTHER RELATED MATTERS.
WHEREAS, Republic Act No. 7610, enacted on June 17, 1992, aims to
safeguard the rights and well-being of children below 18 years old by
addressing various forms of abuse, exploitation, and discrimination,
establishing a comprehensive legal framework emphasizing collective
responsibility for their protection, fostering an environment conducive to
their full and harmonious development, and assigning the government a
crucial role in ensuring the effective implementation of these measures;
WHEREAS, Republic Act No. 9344, the Juvenile Justice and Welfare Act of
2006, is enacted with the primary aim of advancing the protection of children
by centering on the treatment of those in conflict with the law, advocating
for a restorative and child-friendly justice system that prioritizes their
rehabilitation and well-being;
WHEREAS, under the Local Government Code of 1991 (Republic Act No.
7160), particularly Section 16, Barangays are granted the authority to enact
ordinances as deemed necessary to fulfill their responsibilities under the law
and to promote the general welfare of the inhabitants, thereby
encompassing the capacity to legislate for the protection and well-being of
children in their respective jurisdictions;
WHEREAS, formally known as Presidential Decree No. 603, the Child and
Youth Welfare Code of 1974 was enacted to serve as a comprehensive legal
framework for the protection and promotion of the rights and welfare of the
children and youth in the Philippines.
WHEREAS, it has been observed that many teenagers hang around in public
places such as video arcades, computer shops, drinking outside the store
and others like during late hours of the night and engage in troublesome
activities such as clashes among gang groups and their peers thereby
causing physical injuries and sometimes death among the youth involved in
such activities;
WHEREAS, acknowledging the authority conferred by the Local Government
Code of 1991 (Republic Act No. 7160), particularly Section 16, the
Sangguniang Barangay of Cabingtan, Ormoc City, recognizing the imperative
nature of its responsibilities, found it deemed necessary to enact and
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implement an ordinance aimed at safeguarding the children and youth,
ensuring their protection against potential harm and adverse situations;
NOW THEREFORE, on motion of Sangguniang Barangay Member Hon. Judy
T. Abohela Sr Committee Chairman on Peace and Order, unanimously accord
by all the Sangguniang Barangay Members present, Be it;
ORDAINED by the Sangguniang Barangay of Cabingtan, Ormoc City, that:
SECTION 1: COVERAGE – This ordinance shall apply to all minors within the
territorial jurisdiction of Barangay Cabingtan, Ormoc City.
SECTION 2: DEFINITION- The following words and phrases, whenever used
in the ordinance, shall be interpreted and defined in this section.
CURFEW HOURS - means the hour from 10:00 P.M. every night to 4:00 A.M.
the next morning.
PARENT/GUARDIAN - shall mean:
1. A person who is a natural parent, adoptive parent, or step-parent of
a minor;
2. A person in charge of the custody or who is taking care of a minor;
or
3. A person at least 18 years of age authorized by a parent or guardian
to accompany a minor.
.
PUBLIC SPACES – refers to areas that are open and accessible to the
general public. Public spaces can include parks, plazas, sidewalks, streets,
squares, beaches, libraries, community centers, and other similar areas.
These spaces are typically owned or operated by government entities or
private organizations but are designed for public use.
EMERGENCY – means unforeseen circumstance that calls immediate action.
Covers situations like natural disasters, automobile accidents, or any
accident requiring immediate action to prevent serious bodily injury or loss
of life.
PROTECTION OF CHILDREN – refers to the safeguarding of children's
rights, well-being, and safety from any form of harm, exploitation, or abuse.
This protection encompasses a range of measures and actions aimed at
ensuring that children grow up in an environment that nurtures their
physical, emotional, and social development.
INTERVENTION – is a series of activities which are designed to address
issues that caused the minor to commit an offense. It may take that form of
an individualized treatment program which may include counseling, skills
training, education and the activities that will enhance his/her psychological,
emotional and psycho-social well-being.
MINOR – (Also referred to as “Child”) as defined in RA 7610 refers to a
person below eighteen (18) years of age that unable to fully take care of or
protect himself/herself from abuse, neglect, cruelty, exploitation, or
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discrimination or a person who is not yet old enough to have the rights of an
adult.
SECTION 3 – PROHIBITED ACTS
1. It shall be unlawful for minors to be present in public spaces within the
territorial jurisdiction of Barangay Cabingtan, Ormoc City, from 10:00
PM to 4:00 AM.
2. It shall be unlawful for a parent or guardian of a minor to knowingly
permit, or by insufficient control, to allow the minor to remain in any
public places within the barangay during curfew hours.
3. It shall be unlawful for any person other than the minor to knowingly
provide false information about one's age or identity to evade
enforcement of the curfew.
4. It shall be unlawful for parents or guardians to allow or permit their
minor children to be present in public spaces during the prohibited
curfew hours.
SECTION 4. EXEMPTIONS – the provisions in Section 3 hereof shall not be
applicable in the following situations:
1. Minors who are out during curfew hours due to a genuine emergency
or urgent medical reasons, either seeking medical attention
themselves or accompanying someone requiring immediate medical
assistance, are exempted from curfew restrictions.
2. Minors accompanied by a parent or guardian during curfew hours are
exempted from curfew restrictions.
3. Minors who are engaged in their school-related activities, such as
study sessions, educational events, or extracurricular activities, that
have a directive from the DepEd, through a memorandum, indicating
that the specific activity goes beyond curfew hours. *
*This means that minors participating in these specified school activities are
allowed to be out during curfew hours, as long as the activities are officially
approved by the Department of Education (DepEd) through an official
memorandum.
SECTION 5. APPREHENSION OF VIOLATORS – The Barangay Officials and
the Barangay Tanod shall have the authority to apprehend individuals in
violation, under the prescribed procedure as follows:
1. Barangay Officials and Barangay Tanod shall properly identify
themselves to the violator and explain the reason for apprehension.
2. Upon apprehension, immediate notification shall be given to the
parents or legal guardians of the violator.
3. A detailed record of the apprehension, including date, time, and
circumstances, shall be documented.
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4. The violator shall be informed of their legal rights, including the right to
have a parent or guardian present during any questioning.
5. In the absence of exceptional circumstances, the minor shall be
released into the custody of their parents or legal guardians.
SECTION 6. OBLIGATIONS AND LIABILITIES OF THE PARENTS OR
GUARDIAN – Parents or guardians of the minors shall have the following
obligations and liabilities:
1. Parents/ or guardians are obligated to supervise and be aware of the
whereabouts and activities of their minor children during the specified
curfew hours.
2. If a minor is apprehended for curfew violation, parents or guardians
shall be obligated to promptly respond to notifications from authorities
and cooperate in the resolution of the matter.
3. Parents / or guardians are required to educate their children about the
curfew ordinance, ensuring that minors are aware of the rules and
consequences.
4. Parents / or guardians shall have a responsibility to enforce house rules
regarding curfew, reinforcing the importance of compliance with local
regulations.
5. Parents/ guardians shall be held financially liable for fines or penalties
associated with their minor child's curfew violation.
6. Parents / or guardians shall be encouraged or required to participate in
parenting programs aimed at promoting better understanding and
enforcement of curfew regulations.
SECTION 7. PENALTIES – The following penalties shall be imposed on the
minor’s parents, or guardian if found to violate this ordinance:
1. FIRST OFFENSE – The child found violating for the First time shall be
returned to the parent/guardian where the minor resides. The
barangay shall send a notice of reprimand to the parents or guardian
for the violation.
2. SECOND OFFENSE – In the event of a second offense, both the child
and the parent or guardian shall be mandated to attend a case
conference facilitated by the Barangay Council for the Protection of
Children (BCPC). Additionally, a fine of Php 500.00 shall be imposed
and paid by the parent/guardian with the official receipt issued by the
Barangay Treasurer.
3. THIRD OFFENSE – For the third offense, a fine of Php 700.00 must be
paid by the parent or guardian with the official receipt issued by the
Barangay Treasurer. Moreover, the minor will be referred to the City
Social Welfare Department for further interventions as deemed
necessary.
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SECTION 8. NON-RESIDENT VIOLATOR – if the violator is a non-resident
of the barangay, the law enforcement officer will diligently make every
attempt to establish communication with the violator's parent or guardian. In
the event of unsuccessful contact, the Barangay Council for the Protection of
Children (BCPC) shall transfer custody of the non-resident violator to the City
Social Welfare Department for appropriate resolution. Non-resident violators
shall also be subject to penalties prescribed in Section 7 of this ordinance.
SECTION 9. IMPLEMENTATION AND ENFORCEMENT - The Barangay
Officials and the Barangay Tanod shall coordinate with relevant law
enforcement agencies to ensure the effective implementation and
enforcement of the provisions outlined in this ordinance.
SECTION 10. SEPARABILITY CLAUSE - Should any part of this ordinance
be deemed invalid; the remaining provisions shall still be in effect and
enforceable.
SECTION 11. REPEALING CLAUSE - All ordinances, rules, and regulations
or parts thereof inconsistent with the provisions of this ordinance are hereby
repealed or modified accordingly.
SECTION 12. EFFECTIVITY- This ordinance shall take effect immediately
following the posting requirements as required by the Local Government
Code.
Copies of this Barangay Ordinance be forwarded to the Sangguniang
Panlungsod of Ormoc City for review and other offices and authorities
concern for their information favorable and appropriate action.
CARRIED UNANIMOUSLY.
I HEREBY CERTIFY to the correctness of the above ordinance.
JESABEL Q. ALBA
Barangay Secretary
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ATTESTED:
RODELITO R. CANTAY
(Presiding Officer)
CONCURRED:
JUDY T. ABOHELA SR. HIPOLITO G. NAZARIO
Sangguniang Barangay Member Sangguniang Barangay Member
JOHANAN R. CANTAY BENJAMIN R. RIVERA
Sangguniang Barangay Member Sangguniang Barangay Member
CRISTINO JR M. NAZARIO MANUEL A. OMAPAS
Sangguniang Barangay Member Sangguniang Barangay Member
RUBEN L. PARCO CHERRY BLISS C. TORRES
Sangguniang Barangay Member SK Chairperson
