Ordinance 145 PDF
Ordinance 145 PDF
Ordinance 145 PDF
.1 .i
i prputlifa
rrg flilipinas -
SANGGUMANG PANLUNGSOD NG MARIKINA
ORDINANCE ADOPTING THE REVISED MARIKINA PEACE, ORDE& PUBUC SAFETY AND SECURITY CODE OF
2006
ARTICI^E 1
General Prwisions
(a) "General Welfare. Every local govemrnent unit shall exercise the powers expressly
granted, those necessarily implied from there, as well as powers necessary, appropriate, or
incidental for iE eficient and effective governance/ and those which are essential to the
promotion of the general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, x x x prorEte health and
safety x x x maintain peace and order, artd preserve the comfort and conveniences of their
inhabitants";
(b) In consonance with tiis right and duty to promot€ health. safety and maintain peace and
order, the City Council of Marikjna enacted various legislative rrEasures pertaining to peace
and order of the City as well as those, which relate to public safety and security;
(c) There is a need to codary and arnend thes€ existing ordinances not only for the purpose of
facilitating easy reference thereto, but also for clarity and effective implementation of the
$rne;
a) Bathing - shall refer to but not limited to $re acts of swimming, dipping and diving. I
t
\zoRorNaNcE No r45
Series of 2006
Page 2 of 33
b) Banking lnstitutions -
shall refer to all banks operating within Marikina City, serving as cash
depositories and/or engaged in financial activities of receiving, collecting and/or issuance of
payments in the form of cash or other negotiable instrurnents.
c) Bladed Instrument -
shall refeB to any kind of deadly instrum€nts such as knlfe,
balisong, samurai, spear, pana, dagger. bolo, barong, kris, icepick, jabbing liza or chako
and similar instruments.
d) Booster Pump - shall refers to an electrically operated mechanism that sucks water from MWSS
waterlines to obtain strong water pressure but at the same time drains other connected water
lines.
Cigarettes and Cigarette Paraphernalia - shall refer to Cigar or Cigarette, whether imported or
manufactured locally, including tobacco and such other leaves whether imported or grown locally,
and the rolling paper by which these leaves may be used for smoking.
s) CMP- (Communlty Mortgaoe Program) - shall refers to the city's low-cost housing program as
well as city-originated loans to provide its urban poor with abodes, which they can own at
afrordable cost.
-
h) Color Game shall refer to a game of chance utilizing three (3) wooden dices with different
colors and bettors place their money bets on the colors of their choice, and the winning colors
are displayed on the wooden dices thrown on a table.
i) Commercial/Business Establishments -
shall refer to eateries, restaurants, kitchenettes,
carinderias, grills, KTV Bars and clubs, music lounges, disco houses, billiard halls, sari-sari stores,
groceries, minimarts, convenience stores, and all other similar establishments.
k) Computer Rental Shop - shall refers to a business establishment with two (2) or more computer
units that offers internet services, typing, printing services and gaming shop or center.
Domestic Helper - shall refer to the housemaid, babys,tter, driver or such other similar workers
who are employed for domestic work in a residential or household in Marikina City
-
m) Eatery shall refer to any establishment seruing liquor in addition to cooked food and short
orders for consumption of custorners. Restaurants, kitchenettes, carinderias, grills and all similar
establishments serving cooked food and liquor are included as eateries.
o) Emergency situations - shall refer to incidents of fire, flood, earthquake, civil disturbances, acts
against national or local security, public disorders, terorist attack, commission of crimes,
accidenb and other incidents that require rescue or retrieval and immediate medical assistance.
p) Entertainment shows - shall refer to all kinds of fashion shows, all kinds of beauty pageants.
bikini open, ramp modeling, and the likes.
-
q) Event coordinator shall refer to a person who c@rdinates with the event organizer and the
participants of the show.
0 Food statls - shall refers to a small open area were foods and/or beverages are served or offered
to the public.
u) Forecourt - shall refer to a driveway or open space leading to and within the gasoline refueling
station.
v) Gambling - shall refer to a game of chance for stakes (money or property) that involves wager or
money bets with uncertainty of the outcome.
w) Gaming Shop or Gaming Center - shall refer to an establishment with two or more computers
connected to a local area network that offers either online games (connected to the internet) or
LAN gam€s (not connected to the internet).
x) Habit-Inducing Solvents -
shall refer ho any substance or chemical mixture which induces
condition of intoxication, inebriation or stupefaction resulting in the dulling of the brain or
nervous system/ depression, giddiness, paralysis or irrational behavior or distorting the auditory,
visual or mentrl processes.
y) Illeqal Drug Activities - shall refer to all activities which include using, selling or buying of illegal
drugs, prohibited drugs. and dangerous drugs (as defined under the Dangerous Drugs Act),
holding of pot sessions, maintenance of drug dens, manufacturing and distribution of illegal
drugs. Possession, storing of illegal drugs and all such other illegal drug-related activities.
z) Illegal drugs - shall refers to prohibited drugs which include opium and its components and
derivatives, such as heroin and morphine; coca leaf and its derivatives, such as principally
cocaine; alpha and beta eucaine; hallucinogenic drugs, such as mescaline, lysergic acid
diethylamide and other substances producing similar effects; maruuana; and other drugs and
chemical preparations whether natural or synthetic. (as defined under the Dangerous Drugs Act
ot 1972 (R.4.6425)
aa) Institutions - shall refer to organizations whose purpose is to further public welfare and learning.
bb) Internet - shall refer to the worldwide s,ystem of computer networks in which a user at any one
computer can directly get information from any other computer in the network.
cc) Internet Cafe - shall refer to a place of business that has a number of networked personal
computers with access to the internet for surfing, chattang, e-mailing and research and available
for use by customers for a fee by the hour or fraction of an hour. The business establishment
may or may not be serving coffee, and/or similar beveGges. Also included are cyber cafd,
arcades, and lounges.
* ee) Intoxicating Liquor- shall refer to any liquor intended for use as a beverage, or capable of being
used, which contains alcohol, no matter how obtained, in such percent as it will produce
* intoxication.
d\ ff) Kalaskas * shall refer to a garne of chance utilizing a roulette wheel with various numbers or
figures replicated on squares on a table where bettors place their money beb. Dart throwing is
also done on roulette wheel and the bettor must hit its target to win.
hh) Lessee - shall refer to a person, natural or iuridical, who rents and/or occupies a property.
(.
I
voRDINANCE No. 145
Series of 2006
Page 4 of 33
jj) Lessor - shall refer to a person who leases his property to natural or juridical person.
ll) Liquor - shall refer to any distilled alcoholic beverage (e.9. ber, whiskey, rum. brandy, gin, etc.)
mm) Littering - shall refer to throwing of small litter on streets, sidewalks or other publi€ places
including government buildings and offices and public utility vehicles.
mm) Minor - shall refer to any percon below 18 years of age and any person with mental incapacity
and exempted to criminal liability.
nn) Non-value items - shall refer to items which are of zero value and can be considered as surplus.
These include, reconditioned appliances, machineries and equipment and other articles of similar
nature.
oo) Nozzle - shall refer to a small tube or spout attached to a pip€ or hose, usuaity an ouuet.
pp) Obscene - shall refer to which offends or wounds the imagination in s€xual matters.
qq) Obscene Publication - shall refer to any poster, publicauon. promotional material that contains
pictures under scandalous circumstances or that which is contrary to prurient taste, or contrary
to morals or public policy.
rr) On credit - shall refer to the privilege of playing computer/video games on suspended or deferred
payment or playtime fee or a "play-now-pay-later" scheme.
ss) other Forms or Acts of Gambling - shall refer to all games of chance that involve money or
wager, whether using devices or no! and which are considered as gambling games that are
prohibited and punishable under the laws of the Philippines. These shall include alt prohibited
card or table games that may be played within fair or carnival grounds (e.g. color game,
kalaskas, pinball machine)
tt) Parks and Open Spaces - shall refer to spaces either partially or fully developed, usually with
benches, trees, grass, lamp posts, and playground, intended for recreation and relaxation,
especially of children. Park and open spaces may be classified as community park, subdivision
park and pocket garden park.
ww) Perya - shall refer to a temporary mini fair offering rides such as but not limited, to ferris wheels,
octopus, merry-go-round, bump cars, and other forms of amusement.
yy) Pornographic Site - shall refer to a website with display of erotic behavior intended to cause
sexual excitement.
zz) Prank Calls - shall refer to telephone calls or text messages made or sent by any person
to any
emergency numbers which do not involve a report of an emergency situation or'a request
for
emergency assistance, but are made solely for the purpose of making fun of sucn hottine
numbers or sow confusion among emergency responding units.
l|]
t
\zonorNaNcE No. 145
Series of 2006
Page 5 of 33
aaa) Prankter - shall refer to the person who is making a prank call.
-
bbb) Prescribed drugs shall refer to any drug prescribed and authorized by a physician, dentist,
veterinarian or practrtioner.
ccc) Prostitution - shall refer to the act, practice or profession of offering the body for sexual relations
for money,
ddd) Public Places - shall refer to sidewalks. stre€ts, churches, parks and op€n spaces, cemeteries,
alleys, parking areas, waiting sheds, gymnasiums, playgrounds, basketball courts, government
buildings and their surroundings, including undeveloped open spaces within the City.
eee) Public Social Welfare Institutions - shall refer to DSWD-NCR accredited social welfare institutions.
which provide street children/elders/infants/orphans with basic necessities such as food, clothing,
shelter and basic education.
ffi) Pump Crew - shall refer to a person employed to pump gasoline or diesoline into the fuel tank by
the of a motor vehicle; any such person who dispenses petroleum products.
jjj) Restaurants - shall refer to establishments serving cooked food, liquor, etc.
kkk) Satanic Site - shall refer to the sinister, devilish, diabolic, wicked, evil and fiendish web site on
the Iniernet.
mmm) School Hours - shall refer to hours prescribed for students to be in school for their classes, that
is, from Mondays thru Fridays, but may include "make-up" classes during weekends.
nnn) security Personnel - shall refer to any person employed by any security agency and is deployed
to any residential, commercial, banking and industrial establishments within the City, delivering
and transferring money from a bank or establishment.
ppp) Serve - shall refer to the distribution/ supply to customers of food. drinks etc., at the
tabte.
qqq) sidewalk - shall refer to any paved or unpaved footwalk at the side of the street or
roadway.
rrr) Sidewalk vendor - shall refer to anyone who uses the sidewalk and offers for sale any good or
article.
sss) short Shorts - shall refer to trousers covering less than y4 of the lower torso and legs.
ttt) Straddle * shall refer to sitting on a motorbike with legs spread wide apart.
uuu) street children - shall refer to persons, below 1g years of age, who loiter on streets, use
sidewalk and other public places as a place for sleeping. eating, etc., and utilize begging as a
means of livelihood and/or use rugby and other habit-inducing solvents.
wv) Surfing - shall refer to the act of exploring a sequence of web sites in a random or unplanned
manner.
www) swing out door - shall refer to when opening is done by pushing the door from the inside,
I
'/:
-0RDTNANCENo. r45
Series of 2006
Page 6 of 33
no() Take Custody - shall refer to gathering and extending protection and security.
yyy) Thingg of value - shall refer to pieces of jewelry, ornaments, furniture and fixtures, appliances,
works of arb and designs, and other articles of similar nature or value.
zzz) fiangge - shall refer to a temporary market place, set up during a specified holiday, for the
purpose of selling small items, goods, materials or foods as authorized by the city government on
special occasions.
aaaa) Topless - shall refer to half-naked or wearing of clothing covering only the lower portion of the
body
bbbb) T-back underwear - shall refer to a kind of underwear with no cover at the buttock.
cccc) Transient workers -€hall refer to persons who work or are employed in a commercial, residential
and industrial establishment with no permanent place of residence.
dddd) Used O'l - shall refer to any of various greasy, combustible, liquid substances, obtained from
mineral matter used in the operation of auto and industrial machineries. The term shall also
include lubricants, petroleum, and substance of similar character.
-
eeee) Vandalism shall refer to the willful and malicious destruction or defacement of private and
public property including the removal, defacement, or other forms of vandalism such as writing,
ffi) carving, drawing. designing, or painting, any figure or lettering of any kind, post any bill, and
destroy any signboards, streamers, trd6ic signs, street names, and other public or national
markers posted on streeb or other officially designated places in the City is prohibited.
ggqg) Video Monitoring Device - shall refer to an electronic equiprnent, usually installed in the ceiling,
consisting of a camera or cameras hooked up to a television monitor from where activities,
occurrences and people within the premises can be visually monitored.
hhhh) Videoke Ears/KfV Bac - shall refer to establishments offering videoke entenainment in addition
to cooked food and liquor.
iiii) Violent Site- shall refer to a web site on the Internet which downloads brutal, furious, vicious,
and forceful rEterials
jjjj) VIP Rooms - shall refer !o rooms inside videoke bars/KTV Bars and restaurants. which are
enclosed and intended for exclusive use of customers using videoke.
kkkk) Wekam - shall refer to a video or digital camera, usually attached directly to a computer,
designed to take photographs or images and transmit them over the internet.
-J llll) Working permit - shall refer to a written license issued by the Office of the Mayor to an employee
V or worker who works in a commercial, residential and industrial establishment for the purpose of
giving right or opportunity o work in the city and shall pay the corresponding fee.
4-
tr, Resuction ro, ttre use orffi*ln1
"ia"*rlrrlpublic
ptac6
a) Carrying, dlsplaying or possessing of deadly or bladed instruments except where such artjcles are
b€ing used as necessary tools or implements to earn a livelihood or in pursuit of a lawful activity.
b) Carrying or displaying of bladed instruments by vendors or butchers outside their place of work. ,
I
L_
-oRonqeNCENo. I45
Series of 2006
Page 7 of 33
c) Buying and vending of jewelry and/or pawnshop papers and other similar articles of value.
d) Vandalizing and destructing park facilities and public and private property/signboards, streamers,
traffic signs and other public or national markers
e) Soliciting or the act of asking money by individuals who do voluntary acts such as, patching or filling
up of ruts and potholes.
g) Conducting politicat and religious activities and rallies unhss supported by the necessary permit
j) Establishing businesses such as fun joints. beer houses, cabarets, and dens or estabtishments, the
purpose of which is the exploitation of women. All peEons planning to operate business within the
premises of any public park must first secure the necessary permit from the proper office. In case of
those planning to s€t up business at the vicinity of the Marikina River, they must first secure
necessary permit from the Parks Development Office.
k) Conveying of motor vehicles through bicycle and jogging lanes, twenty-four (24) hou6 a day, all days
of the week, on either sides ofthe Marikina River and other public parks.
Exemption:
i. Governmentvehicles.
ii. Anyone physically handicapped using motorized wheel chairs.
iii. Emergency cases.
iv. Vehicles attending to functions or any @casions thereof (for jogging lanes only).
v. Access road leading to public parks for parking purposes (for jogging lanes only).
vi. Pedicabs for family use, among others.
vii. Bicycle traveling leisurely at low speed. Bicycle racing is not allowed.
vii. Vehicles used for maintenance and construction.
ix Acc6s road or portion thereof leading to business and commercial establishments located in
Barangay Dela Pefia and Sto. Nifro and other places related thereto.
r) Drinking of intoxicating liquor - drinking any liquor excessively that can cause drunkenness.
n) Buying or selling of fmds, magazines. newspapers, cigarettes, brooms, watches or jewelry, shoes
and other footwear, and/or any other items
#-
s
q) Bathing, washing of clothes/any articles, hanging of clothes, other household chores
r) Conductingshoe-shineoperation
s) Using the sidewallv sheet for picnics and gatherings
t) Storing softdrinks or wine/liquor bottles and cases
u) Storing ofjunks and recyclable materials
v) Storing construction materials for sale (pipes, tubings, lumber, cement. and the like)
w) Installing permanent or picket fence n
I
,l
v oRonveNCENo 145
Series ol 2006
Page 8 of 33
y) Installing signs or signboards on or above sidewalks and detached from the business establishment
bb) Spilling of used motor oil (including all bodies of water, canals, sewerages)
i. T€hirt, or any top apparel with sleeves for male vendors; t-shirt, blouse or any top apparel,
with or without sleeves for female vendors in the dry goods section only.
ii. Pants or skirt.
iii. Shoes, sandals or step-in.
iv. Apron, for vendors in the wet section and carinderia.
The following manner of dressing by vendors/sellers in the market sites are prohibited:
i. Topless or half-naked.
ii. Wearing of shorts/short shorLs.
iii. Wearing of sando or any sleeveless shirflblouse.
iv. Wearing of slippers.
v. Wearing of dirty or tattered clothes.
dd) Littering
ee) Sleeping in public places is strictly prohibited twenty-four (24) hours a day,7 days a week. However,
the following are hereby exempted:
i. Family members who, during a picnic or small gathering in parks and open spaces, take
a nap or rest during the day, i.e., from 6:00 A.M. to 6:00 p.M.
ii. Persons who are attending a prayer vigil to honor their deceased toved ones inside
public/private cemet€ries during All Saints' Day and AII Souls' Day.
iii. Persons who are attEnding a prayer viqil or any event for a cause, in certain public
places, and the conduct of which has the approval of the City Government or national
government.
iv. Persons who are inside their vehicles, which are parked on designated parking areas.
t/v
-J-/
I SECTION 6.
Any use of the sidewalk and streets on a temporary basis and for a definite period only,
(r$_
- r,l shall secure a special permit from the City Government and/or Barangay ofrice.
-zI
.fr
-l
ARTICLE 3
R.egulation of Peryahan
c1-\
All operators of "peryas" or mini fairs, shall secure the following documents before they are allowed to
operate.
e) Such other requirernents as may be required by the City Governrnent of Marikina and/or the Barangay
council where the fair will be located.
An inspection team shall be created to conduct an inspection on the site of the "perya" prior to the
issuance of any clearance and permit from the concerned Barangay and/or city government offices. It
shall likewise be the responsibility of the Inspection Team to conduct regular inspections on all the rides,
carnival equipment of "perya" and to monitor activities thereon to ensure that the "perya" premises and
facilities are not being used for unlarvful or illegal activities.
The Inspection Team shall be composed of the following officials and shall be responsible for their
respective functions:
a) Chairman - Chairman of tfte Committ€e on Games and Amusernent of the City Council of Marikina.
The Chairman of the Inspection Team shall report regularly to the office of the City Administrator,
and recommend r€asures for the operational improvement of the "perya" or its closure, as may be
necessary.
b) Members
i. The City Engineer or his representative shall, after insp€ction of the rides, issue certificates of
inspection and certify to the safety of the rides or equipment.
ii. The City Health Officer shall ascertain the sanitary conditions of the surroundings and the
food items being sold.
iii. The Chief of the Business Permit and Llcensing Office shall ensure that no unauthorized
activity is being operated within the "perya" premises.
iv. The Chief of the Ofiice for Public Safety and Security, for the mainGnance of peace and
order.
a) Post a bond of Twenty Thousand Pesos (P20,000) with the office of the City Treasurer of Marikina.
The bond shall serve as a deposit for any liability or damage(s) the perya oDeration rnay cause.
The City Government of Marikina reserves the right to revoke any or all permits and licenses issued,
subject to prior notice to the operator.
Private owners/ operators of the following businesses are requircd to secure Public Liability Insurance
a) Peryahans with the following features: Circuses, merry{o-rounds, roller coaster, ferris
wheels, swings, shooting galleries or similar contflvances, bingo games
The public liability insurance must be obtained From an insurance company, duly registered, licensed and
authorized under the law to transact insurance business in the Philippines.
The insurance policy or proof of payment of the corresponding premium shall be a condition for the
signing of a contract of lerse and the grant of business permit by the Business Permit and Licensing
Omce (BPLO).
All insurance policies must remain in force until the expiration period of the business permit and up to the
end ofthe contract of lease for the activity or project. No policy shall be cancelled prior to this expiration
of the contract or activity/project.
t
vonorNRNCENo. t45
Series of 2006
Page l0 of 33
All owners, operators, or administrators of carnivals, perya and other amusement facilities are reguired
to install adequate portable toilets within the premises of said amusement facilities.
The installation of portable toilets on the amusement grounds shall be a pre- requisite to the issuance of
permit to operate the amusement facilities.
b) Steeping, bathing and cooking of foods on the open grounds of all carnivalt fairs and other
amusement facilities.
ARTICLE 4
Businse3 or Individuals Gatering b inors
Exemption. This shall not apply to minors loitering within the time and place
mentioned herein-above with sufficient justifiable reasons. (i.e. school or work related
activities) Provided that students must present their school LD.s while out of school
youth's and working studenG must present tieir job I.D.'s to the apprehending officer.
Likewise, minors accompanied by their parents and/or legal guardians are exempted.
e) Roller skating and scooting along maior thoroughfares, secondary traffic routes, and on sidewalks.
The legal guardian/parents of the child shall be properly informed of the violation committed before the
sanctions are carried out by the apprehending officer/s.
All establishmenLs such as video arcades, computer shops, videoke/KTv bars and billiard/pool halls are
tasked to display a copy of the ordinance in front of their shops.
Any minor caught using dangerous drug or substances or engaged in activities contrary to morals or
public policy shall be dealt with in accordance with pertinent ordinances, provisions of p.D. 603 (Child and
Youth Welfare Code), and such other national laws as may be applicable
0
v oRolNeNCE No. r45
Series of 2006
Page 1l of 33
a) Owners, operirtors or managers of cockpits are prohibited from allowing minors to enter its premises
anytime
b) Billiard or @l hall shall not be established, put up or operated within two hundred (200) meter
radius from any school or education institution, or of any place of worship. Owners, managers or
operators of billiard or pool halls shall not allow minors to enter, loiter, or play in any billiard or @l
hall during school hours or curfew hours.
All owners and operators of billiard and pool halls to be put up and operated within a subdivision or
village shall first secure the clearance and consent of the duly accredited homeowners association
prior to the operation. Denial of issuance of the clearance of the homeowners association shall be
sufficient ground for non-issuance of a business permit of the City's Business Permit and License
Office, however the inaction of the HOA within 5 days, will be subject to the discretion of BPLO.
c) EstablishmenLs/individuals selling rugby and other habit inducing products are prohibited from sellinq
these products to minors.
d) Establishments/individuals selling cigarettes, other tobacco producb and cigarette paraphernalia are
prohibited from selling, transferring and/or conveying these products to minors
e) Establishments operating beyond 11:00 P.M. are prohibited from catering to minors within the curfew
hours This shall not apply when minors are accompanied by their parents or legal guardians in said
business establishments. The minor and/or his company must present their IDs to the
enforcers/apprehending officers to justiry his relationship with the accompanying adult.
Factories using rugby and other habit forming solvents are prohibited from allowing minors who have no
business staying in the confines of their factory.
The City Engineer and the Business Permits and License Omce (BPLO) shall take this prohibition into
consideration in the issuance or non-issuance of the requircd building and business permits. The BPLO
must disseminate the information to all establishmenG.
SECTION 13. Regulation of Internet Cafes/Computer Rental Shops/Computer Gaming Shops or centers.
The City Governrnent hereby regulates the establishment and operation of internet cafes/ computer
rental shops/computer gaming shops or centers and providing penalties for violation thereof.
COVERAGE.
a) Any business establishment with more than one (1) computer unit, offering for a fee, services
including but not limited to e-mail, game, chatting, surfing, research and other services which
requires the us€ of computers and access to the internet. These business establishments are
classified as internet cafes or computer rental shops/computer gaming shops or centers.
b) Other business establishments which offier a combination of services such as food and
internet. recreation and other similar business fusions requiring the use of computers and
access to the internet, such as cyber caf6, arcades, lounge and other similar establishmentsa
/{
145
-ORDTNANCENo.
Series ol 2006
Page 12 of 33
a) II{TERNET CAFE - a place of business that has a number of network p€rsonal computers
with access to the internet for surfing, chatting, e-mailing and research and available for us€
by customers for a fee by the hour or fraction of an hour. The business establishment may
or may not be serving coffee, and/or similar beverages. AIso included are cyber cafe,
arcades, lounges.
b) COMPUTER RENTAL SHOP - refers to a business establishment with two (2) or more
computer units that offers internet services, typing, printing services and gaming shop or
center.
REQUIREMENTS
In securing business license, any person(s) who shall establish and operate an internet cafd/computer
rental shop/computer gaming shop or center is required to submit the following documents to the
Business Permit and Licensing Office (BPLO):
a) Barangay Clearance
b) Residencecertificate
c) Homeowners Association Clearance (if located inside suMivisions) or Marikina Settlements
Office Clearance (if located in settlemeflt areas)
d) Sanitary Permit from the City Health Office
e) Fire Safety Clearance from the City Fire Department
0 Picture of establishment with permanent signboard
g) Contract of lease, business permit of lessor (lf leased)
h) Accreditation with Internet Caf6 Association of Marikina or any City Government accredited
internet association.
BUILDING SPECIFICATIONS
Internet cafes or computer rental shops/computer gaming shops or centers must comply with the
National Building Code with the following building specifications:
The following acts are hereby prohibited among customers inside intemet cafes/ computer rental shops/
computer gaming shops or centers.
a) Perform or exhibit in front of a digital camera, compuGr video camera, camera equipped-
mobile phones. webcam and the like, any of the following acts, either for free or for
consideration, promise or reward:
^
- 0RDINANCE No t45
Series of 2006
Page l3 ol 33
a.3) Masturbation.
a.4) Sadistic or masochistic abuse.
a.5) Use of vibrator or any instrument where the genitals, breast or pubic area of any
person is exhibited.
a.6) Wakhing somebody perForming activities from (a.1) to (a.5).
a.7) Other activities which are of similar nature.
b) Surf the internet at websites which contain pornographic or lewd materials, satanic/violent
materials or those that advertise or prornot€ prostitution is likewise prohibited; and
c) Produce, distribute, and transmit images or visual representation depicting the above-cited
prohibited acb in (a).
d) Use, consume or trade prohibited drugs, intoxicating liquor/beverages, cigarettes within the
premises.
0Inthecaseofstudentsofminorage,thefollowingactsarelikewiseprohibited:
f.1) Enter the premises wearing xhool uniform (except studenE who will be doing
research worlvschool work in internet cafes or comput€r rental shops during
vacanvfree school hours).
f.2) Ent€r the premises during school hours (except students who will be doing research
worlvschool work in internet cafes or computer rental shops during vacanvfree
school hours). Computer gaming shops or centers are strictly prohibited from
allowing the entry of students during school hours.
f.3) Enter the premises without Identification Cards (LD.) and class schedule duly
issued by the Registrar's Office.
g) For both students and outd-school of minor age, entry to the premises during curfew hours
(from 11:00 P.M. to 4:00 A.M. of the following day) is tikewise prohibited, except when
accompanied by a parent or guardian.
a) Ensure strictly that customers comply with Section 14 of this Ordinance. The I.D's. and class
schedules of students (mino0 must be checked as basis for allowing/disallowing them to
enter the premises.
b) Display necessary warning against access to pornographic and on-line gambling sites,
'TNTERNET PORNOGRAPHY AND ON.UNE GAMBLING ARE PROHIBITED'
c) Install filtering software to remove access to all pornographic and on-line gambling sites.
Any student of minor age who shall enter internet caf6s or computer rental shops/computer gaming
shops or centers must present his I.D. and class schedule. The class rhedule must be issued by the
Registrar's Ofnce.
REGULAR INSPECNONMSIT
The properly trained technical inspection team, composed of representatives from the BPLO and the
Philippine National Police-Marikina (PNP-Marikina), shall conduct regular inspection of abovementioned
establishments during their business hours to ensure compliance with this Ordinance. The inspection
team shall recommend appropriate measures to be applied on the esbblishment for the violation of the
Ordinance.
t
0
v oRDTNANCE No. 145
Series of
2006
Page 14 of 33
In case of complaints received from any concerned citizen against an internet caf6 or computer rental
shop/computer gaming shop or center, the lospection team shall act within seven (7) days and submit a
report to the local chief executive not later than fifteen (15) days from the first inspection day.
When there is probable cause to believe that the mother, father, or guardian induced the minor to
engage in internet pornography, the Department of Social Welfare and Development-Marikina (DSWD-
Marikina) shall temporarily assume the custdy and parental authority over the minor.
DISPOSITION OF MATERIALS,
Any material containing the lewd exhibition and the equipment used in the production/showing/printing
of obscene and pomographic materials shall be confiscated and used as evidence in court. Dispcition of
materials or equipment shall be determined by the court. It shall be unlawful for any computer and/or
video gaming shop operators to extend credit to minors. ComplainE regarding any violaUon of this
provision should be filed before the BPLO, which shall immediately conduct an investigation of the
complaint upon due notice to the owner/op€rator of subject establishment.
The City Government hereby authorizes any personnel of the Department of Social Welfare and
Development, this City (DSWD-Marikina), any member of the Marikina-PNP, personnel of the Ofiice of
Public Safety and Securiry (OPSS), Barangay Tanods, other auxiliary police and operatives to take custody
of street children and if necessry bring them to appropriate public or private social welfare institutions
Any personnel of the DSWD-Marikina. any memkr of the Marikina-PNP, personnel of the OPSS,
Barangay Tanods, other auxiliary police and operatives, who shall take custody of street children must
reportlregister (file a blotteo at the nearest Barangay Office or Police Station b€fore bringing them to any
public or private social welfare institutions.
In implementing the Child and Youth Welfare Code, all Barangay ffices and Police Stations are directed
to observe the requirements of P.D. 603 (Family Youth and Welfare Code) in taking custody of street
children. Street children should be sent honE with their parents, guardians or relatives. whichever is
applicable. However, in case they have been abandoned by their parents or guardians and that they no
longer have any relatives where they could stay, they will be sent to any social welfare institutions.
Street children classified as "rugby boys" shall be turned-over to the Marikina Rehabilitation Center in
Barangay Marikina Heighb for custody in a separate area specifically created for the purpose.
Street children who are not residents of Marikina shall be sent to DSWD-Marikina City, which in turn shall
bring them to other DSWD-NCR accrdited social welfare institutions or private institutions operating
ARTICLE 5
Eusiness Establishments
*
$ SECIIOT{ 17. Business Establishments Serving/Selling Liquor
a) From 12:00 m.n, to 8:00 a.m. - sari-sari stores, groceries, mini marts, convenience
stores, and all other similar establishments.,
A
- oRDINANCE No. r45
Series of 2006
Page l5 of 33
b) From 2:00 a.m. to 8:00 a.m. - eateries (restaurants, kitchenettes. carinderias, grills,
etc. ), KfV bars and clubs, music lounges, disco houss, billiard halls and all other similar
establishments.
c) All business establishments are mandated to display a notice at the entrance containing
the word 'NO SELLING AND SERVING UQUORS TO MINORS".
The City Government hereby regulates the construction and use of VIP Rooms inside videoke barsiKTv
bars and restaurants.
REQUISiTES
a) VIP rooms inside videoke bars/KTV bars and restaurants must be completely transparent, no door
locks, free from any obstruction from the outside, and properly lighted to enable the identification,
from the outside the peBons inside the room.
b) The owne6 of videoke barslKTv bars andlor restaurants must require the registration of each
customer who will use the VIP room.
c) The owners must assign a personnel who will regularly monitor VIP rooms to ensure that no act of
prostitution is being carried out inside the rooms.
The following modes of dress or attire are prescribed on performers/participants in entertainment shows
within the City of Marikina:
Y
c) wearing two-piece bikini with T-hck underwear
The event organizer/ event coordinator and/or the owner of the establishment or production company
*- shall secure the following permits before conducting a show:
/'X..
c
l/\
a)
b)
c)
Mayor's Permit
Business Permit
Barangay Permit
d) if the event ls within the premises of the Mar,kina River Park, prior approval from the
Marikina Park and Recreation Office.
e) Such other requirements as may be required by the City Government of Marikina and/or the
barangay council where it seeks to conduct the event.
,
l
-ORDTNANC:E No. t45
Series ol 2006
Page '16 of 33
The City Government hereby requires food establishments to store their Liquefied Petroleum Gas (LPG)
tanks outside the building premises and use metal piping as connector to the corresponding stove. For
this purpose, these tanks shall h
placed in an area that is out of reach of children, remote from smokers
or any similar circumstances that may endanger public safety. The bnks and tube connections shall be
open for inspection by the City Govemment.
The City Govemment hereby mandates motorists and gasoline station owners within the City of Marikina
to comply with safety measures in refueling of rnotor vehicl6.
The owner/opector of the refueling station shall post the following signs along the entrance premises or
in such conspicuous place within tie forecourt as warning to customers, station pump crew employees,
and the public, in general.
a) No smoking.
b) Switch off mobile phone while refueling. Using mobile phone while refueling can cause fire or
explo6ion.
c) Switch ofr engine. Running the engine while refueling can cause fire.
ARTICLE 6
Schools
The City Government hereby prohibits vendors to sell food items within the vicinity of public and private
elementary and high schools.
ARTICLE 7
Regulation of Banking and Financial Institutions/Drug Stores
a) All banking and financial institutions are required to install alarm systems in their respective premises.
The alarm system, whether in a form of a bell, a siren, or any gadget producing a loud sound and
controlled by a switch, shall be installed oubide the premises of the building. Arrangement shall
likewise be made for the alarm system to be directly connected to the Marikina police Station or
Headquarters through appropriate circuitry
I
/'
-0RoruarcE No. 145
Series of 2006
Page 17 of 33
b) All banking institutions are required to install video monitoring devices inside their premises. Video
tapes are required to be kept in storage for at least fifteen (15) days for purpos€s of review and
reference, in case of necessity.
All drug stores/pharmacies in the City of Marikina shall keep their stores open and continue their
operation during calamities or disasters.
Exemption. Drug stores or pharmacies which are directly affected or hit by calamity or
disaster are exempted from this Ordinance. Directly affected or hit shall mean that the
establishment has been destroyed or submerged in water.
ARTICLE 8
Drug-Related Activities
SECTION 26. CMP Housing used as venue for illegal drug activities.
The City Government has established lowrost housing projec6, as well as, city{riginated CMp
(Community Mortgage Program) loans to provide its urban poor with affies, which they can own at
afrordable cost, and conversely, it cannot be discounted that these housing poects are always
vulnerable to the proliferation of illegal drugs.
The City Government of Marikina. in its continuous and aggressive pursuit of various means to control
and arrest the growing number of illegal drug activities within the City, aim to regulate the operation of
such seedy establishments and impose sanctions that will make the owners share the responsibility of
maintaining drug-free environment.
ARTICLE 9
Barangay Registration
All domestic house helpers and transient workers employed in the City of Marikina are hereby required to
register and secure a clearance certificate and work permit from the Barangay Government covering their
place of work.
/
The following documenb are pre-requisites to registration and issuance of clearance and work permit:
tt-
tr
I
a)
b)
Two (2) pieces 2" x 2" picture (colored or black and white)
Statement of two (2) witnesses certirying as to his/her identity and the true home origin/address of
the household helper, preferably the person who recommended him/her, or a certificate from the
employment agency.
0.. c) I.D., birth certificate, community Tax certificate from his/her place of origin, or any other valid
document that can establish his/her identity and address, or a certificate of good moral character
issued by previous or present employer.
d) Police clearance
The Barangay clearance/work permit shall be valid only during the duration of the employment of the
household helper in a domestlc residence. It shall be the duty of the head of the family to inform the
concerned Barangay authorities of the resignation, dismissal. or abandonment of work of the domestic
helper, under which case the clearance/work permit shall be deemed revoked.
p
/\
-onotNRNC:E No 145
Series of 2006
Page l8 of 33
All security personnel assigned within the City shall register, or cause to be registered by their respective
security agency with the Barangay government of their respective area of assignment, and with the PNP
Marikina. Serial number of firearms must be duly registered within one (1) week upon assumption of
their assignment.
All information presented by the lessee shall be treated with utmost confidentiality and shall not be
disclosed to any individual without the lessee's consent or court order. Any Barangay personnel who
shall disclose any information gathered for personal purpose or without the approval of the Barangay
Gptain/court order shall be deatt with accordingly.
ARTICLE 10
Pornographic Materials and Obscene Publications
SECTION 31. The City Government hereby prohibits the printing, importation, distribution, sale and
giving away or display and exhibition of pornographic materials, obscene publications and other similar
materials.
ARTICLE 11
Drinking Spre6/Noise-making Reyelries
SECTION 32, The conduct of revelries and drinking sprees in all subdivisions throughout the City of
Marikina is hereby regulated as follows.
a) Audio-amplified machines such as stereos, karaokes, videoke, cassettes, radio playe6 and similar
musical instruments shall not b€ allowed to play beyond the normally accepted sound modulation
after 10:00 p.m. up to 6:00 a.m. the following day.
b) During the evening, merrymakers, celebrants and revelers shall observe utmost moderation in creating
unnecessary noises, or any activity, which may tend to influence the creation of such noises, within
the premises of their house or yard.
c) The homeowners and neighborhood associations of suMivisions, villages and communities shall
formulate such necessary guidelines and policies that will provide for noise-reduction measures
governing the conduct of any revelries or drinking sprees within their resp€ctive areas.
d) The homeowner shall be responsible for the conduct of his guesb in any occasion or celebration that
may be held in his house. ,
I
/\
-oRDrNANcENo 145
Series of 2006
Page l9 of 33
ARTICLE 12
Buy and Sell of Used or Second Hand Articles
SECTION 33. All persons, natural or juridical, including single proprietorships, firms, associations,
corporations, partnerships, and any other establishments or entities who engage in the business of
buying and/or selling, or otheMise dealing in used or second-hand articles of value are hereby required
and mandated to secure evidence of ownership or capacity to sell from their dealers, suppliers,
wholesalers, or any other source of goods, whether natural or juridical persons, prior to any purchase or
sales transactions
COVERAGE
This mandatory requirement shall cover all pawnshops, surplus stores, junk shops, baratillo and flea
markets, and all other similar business establishmenb or entities engaged in the buying and selling of
second-hand or used articles of values.
a) Deed of Sale in the name of the seller, dealer, supplier or other source.
b) Official receipt evidencing purchase of the subject article, regardless in whose name it is made out to.
c) Purchase slip, purchase order, delivery receipt, sales invoice in the name of the seller, dealer, supplier
or other source.
d) Duly notarized Special Power of Attorney executed by the owner identirying the item(s) for sale.
e) Declaration of ownership or capacity to sell.
RECORD BOOK
Each affected individual or establishment shall keep a record book of its purchase/acquisition transactions
clearly indicating the sources of such purchases/ acquisitions and the evidence of the ownership
presented.
Non-inclusion of any transaction in the ofricial record book shall be prima facie evidence of the crime of
fencing.
The record book required to be kept by each individual or establishment engaged in the business of
buying and/or selling articles of value must bear the official stamp of examination by the City's BPLO
every renewal date of the individual's or establishment's business permit/license.
All establishments and individuals covered by this Ordinance are strictly prohibited from transacting with
any minors, meaning natural persons below eighteen years old. Patrons wearing school uniforms shall be
asked to exhibit any identification. which bears the patron's date of birth and present age.
Each establishment licensed to engage in the business of buying and/or selling used or second hand
articles of value shall post on its front door or business window, a uniform poster to be secured from the
BPLO upon application for business permit or license, or renewal thereof. The official poster shall be 11"
x 17" in size and shall bear the words:
ARTICLE 13
Construction Site
SECTIOI{ 35,No member of family/non<onstruction worker are allowed to stay/live with a construction
worker within the construction site.
,f
vonorNeNcE No. 145
Series of 2006
Page 20 of 33
ARTICLE 14
Firecrackers
SECrION 36, Regulating the manufacture, sale, distribution, possession and use of certain firecrackers
or pyrotechnic devices within the territorial iurisdiction of the City.
The firecrackers or pyrotechnic devices mentioned in the preceding section shall refer to those with high
explosive contents that could endanger life and limb.
ARTICLE 15
foy Pellet Guns/Air guns and Pistols
SECTIOT{ 37. The use of toy pellet guns. air guns and pistols for hunting birds and other winged
animals is prohibited.
ARTICLE 16
Use of Booster Pumps on Registered Water Seryice Connections
SECTIOT{ 38. The use of booster pumps on MWSS registered water services connections and/or selling
of water coming from such water service connection is hereby prohibited.
ARTICLE 17
Signboards/ Billboards
The owners of all commercial, business and industrial establishments and religious and educational
institutions within the City of Marikina are hereby prohibited from placing or putting up ground signs or
advertisements on stands or posts within the mandatory (5)-meter public parking easement fronting their
respective establishments and institutions
The installation of any commercial signs or billboards which are private in nature in all Barangay and City
street signs is prohibited
d- In the case of infrastructural poects undertaken by administration or private contractor, the signs,
billboards or signboards should be attached to a stand and placed on the street pavement at the
approach and end of the construction poect, and should be visible as a trafric warning to both motorists
and pedestrian alike.
Construction projects to be undertaken by the national government or any of its instrumentalities within
the city of Marikina shall be required to obtain a perm,t from the ofiice of the city Engineer of MarikiZ
voRorNeNcENo. 145
Series of 2006
Page 21 of 33
Any business and commercial establishments, religious organizations, community organizations and non-
governmental organizations, that seek to install billboards, signboards or streameE on any of the places
mentioned above, shall secure a clearance from the Barangay having territorial jurisdiction, thereof prior
to securing a permit from the Business Permit and Licensing Omce.
The City Government of Marikina shall have the right to remove, without notice, any billboards,
signboards or streamers that are not placd in designated areas.
ARTICLE 18
Prank Crlls to Emergency Hotline Numbers
SECTIOT{ tl4. The City Government hereby penalizes any person who makes prank call(s) to any
emergency hotline numbers of government and private entities
a) Making prank calls or sending false or untrue text messages, through any service provider, to any
emergency hotline number.
b) Making calls or sending text messages to emergency hotline numbec for the purpose of reporting a
false or make-believe emergency situations.
c) Making a call or texting an emergency number and leaving said line hanging for the purpose of
paralyzing the emergency hotline called.
d) Making lewd calls or sending lewd telt messages to emergency numbers, and
e) Calling/texting said emergency hotline numbers to mock, ridicule, insult or othemise, hurl invectives at
the phone operator, or utter distasteful and/or derogatory remarks against any individual other than
the operator.
V /1 IDENMFICATION OF PMNKSTER.
v
I
Pranksters can be identified through caller's I.D. Telephone number, both land and mobile and can also
_l be identified using voice recording system where every conversation that transpired are being recorded
tr
for future reference. Using the Caller's I.D. and Voice recording can be documented in the Daily Journal.
*- The prankster can be apprehended when prima facie evidence is established and formal complaint has
been filed and a warrant of arrest has been issued.
0.. Prank calls can be monitored, recorded and properly identified through the registered owner of the
landline indicating therein the address/location of the owner. Mobile phone user can also be identified if
registered.
For conviction of pranksters, the journal indicating the telephone number used, time/place committed
and the voice recording shall be presented to the court as evidences. Proof of ownership of the landline
phones used or proof of purchase of the mobile phone used by the suspected prankster can be verified
and obtained from the National Telecommunications Commission. p
I
voRotNaNCE No. 145
Series of 2006
Page 22 of 33
ARTICLE 19
a) Date
d) Penalty
e) Alternative Penalties
e.1.1 Type/Description
e.1.3 Place
e.1.4 Time
e.2 Spiritual Counseling (if incapable to pay the fine and not physically fit)
e.2.1 Place/Dateffime
e.3 Blood Donation (incapable to pay the fine, provided that the penalty involved shall not
exceed P1,000 and that the offender is heatthy, physically fit and qualified to donate
blood)
e.4.1 Place/Dateffime
Failure to pay the fine/render alternative penalties within 24 hours shall cause the filing of an
appropriate action in court for violation of this Code.
2.) Give instructions to the violator to pay the fine at the City Treasure/s ffice or Barangay Treasurer's
Omce (as the case may be).
3.) The apprehending officer must give instructions to the violator or endorse the violator to the
concerned officer who will supervise the execution of the alternative penalties (community
service/spiritual counseling/blood donation) / penalty for minors (values orientation rehabilitation
course) as provided in this Code.
If the violator refuses to pay the fine or render community service or other alternative penalties, the
apprehending officer may execute any of the following:
a.1) Turnover the violator to the police authority for the filing of a case at the City
Fiscal's Ofrice within sixty (60) days.
a.2) Report the violation to the City Legal ffice for prcrPlr action./1
/<
voRorNeNcENo. t45
Series of 2006
Page 23 of 33
4.) Accompany a minor-violator to his/her parenb/guardians/ Furnish school authorities of the report of
the violation/ accompany any street children to the nearest Barangay office or police station and file
a blotter. Observe the requirements of P.D. 603 in taking custody of street children.
5.) The apprehending officer must put in a record book the circumstances of all apprehensions.
Bantay Bayan personnel shall perform 1) to 4) for violations pertaining to the following upon orders of
the local chief executive:
b) Littering
d) Dumping of garbage
0 Street children
g) Roller skating
h) Vandalism
For violations not mentioned under a) to 9), Bantay Bayan personnel shall report violato(s) who are
caught in the act of doing an offense and report the violation to any OPSS personnel, members of the
PNP-Marikina and Barangay Governments Oanods) and other agencies concerned. 7
(
J
V
I
+--
+
n-\
YnoNlNce No 145
Series of 2006
Page 24 of 33
THE MARIKINA PEACE, ORDER, PUBUC SAFETY AND SECURITY CODE OF 2006
APPE'{DIX *A"
SCHEDULE OF FINES and PENALTIES
Section 5 Carrying of Bladed/Deadly Instruments Imprisonment of not less than one month and a
fine of not more than P2,000.00, or both. In case
of incapacity to pay the fine, the offender shall
render 5 hours of community service. If the
ofrender is a minor, the parenvguardian shall pay
the fine or render the Community service
Buy and Sell of jewelry P3,000.00 fine and confiscation of jewelries and
and Pawn shop papers pawnshop papers. In case of incapacity to pay
the fine, the offender shall render 8 hours of
community service. In case of insolvency of the
offender, he shall render 5 hours of community
service
Conduct of shoe-shine Operation Using a)Street children should be sent home to their
the sidewalk/street for parents or relatives, whichever is applicable.
picnics and gatherings However, in cas€ they have been abandoned by
Storing softdrinks or wine/ liquor bottles their parents and that they no longer have any
a nd cases relatives where they could stay, they will be sent
Storing ofjunks and recyclable materials to any social welfare institutions. Street children
Storing construction materials shall be sent to DSWD-Marikina City, which in turn
for sale (pipes, tubings, lumber, cement, shall bring them to other DSWD-NCR accredited
and the likes) social welfare institutions or private institutions
Installing permanent or picket operating within Metro Manila. Street children
fence plants, trees and plant boxes, classified as "rugby boys" shall be turned-over to
signs or signboards on or above the Marikina Rehabilitation Center, in Barangay
sidewalks and detached from the Marikina Heights for custody in a separate area
business establishment specifically created for the purpose./
Setting up of basketball court/goal.
voRotNRNCENo. 145
Series of 2006
Page 25 of 33
Using the sidewalk for animals b) For market stall holders/owners of public and
(with or without pens) private/flea markets and other
Spilling of used motor oil commercial/business establishmenb using a
(Including all bodies of water. portion of streets/sidewalk as an extension of
canals, sewerages). their stall: Fine of P1,000.00 & confiscation of
goods. In case of inability/nonrapacity to pay
the fine, the ofrender shall be requlred to render
community service for a period of four (4) hours
under the supervision of the Marikina
Public Market Ofiice and/or the ffice of The
Public Safety and Security (OPSS). Refusal or
failure to pay a fine within five (5) days upon
issuance of the order of payment the market stall
or business establishment shall be temporarily
closed until such time that the fine has been paid.
For the third offense, revocation of business
permit and license to operate and permanent
closure of the establishment shall be imposed in
addition to the fine and confiscation of goods.
Internet Cafes/Computer Rental Any person who shall perform any of the following
Shops/Computer Gaming Shops or acts under Section 14, (a) (prohibited acts) shall
centers be penalized by a fine of P3,000, without
poudice to the filing of appropriate action in
court. In case of incapacity to pay the fine, the
offender shall render eight (8) hours of
community service. Provided that, in case the
performer, actor or exhibitor is a minor, he/she
shall be considered a victim pursuant to Republic
Act No. 7610, otheMise known as "Special
Protection of Children against Child Abuse,
Exploitation and Discrimination Acf', and shall be
placed under protective custody as provided in
said Act.
--J
il First offense - fine of P1,000
Second offense - Fine of P2,000
V Third ofrense and subsequent offenses -
+=
tr Section 19 Conduct of Entertainment Shows
fine of 3,000.
SECnON 24 Banking and financial institutions The owner/manager shall be penalized by a fine
of P5,000.00. In case of failure to pay the fine,
the suspension shall be lifted only if and when the
banking institution has installed an alarm system/
video monitoring device. The BPLO shall not issue
a renewal of the business permit to any bank in
this City without compliance of the same.
SECTION 26 CMP Housing- used as venue for illegal Permanent disqualification & forfeiture of the
drug activities - rights and privileges of a beneficiary. The violator
shall be totally stripped of his/her right or
privilege or residency in his or her awarded lot
and shall no longer qualiry in all other housing
privileges in any city government-oriented
housing poect.
SECTION 33 Buy & Sell Fine of P3,000. In case of inability to pay the fine,
the offender shall render eight(8) hours of
community service. If the offender has a
registered business entity, his/her business permit
and license to operate shall be revoked and
his/her shop shall be closed. /
(
v oRorNaNCENo. 145
Series of 2006
Page 29 of 33
Section 37 Toy pellet gun Fine of P500 and confiscation of toy pellet gun/air
guns/pistol/oxygen tanks, without prejudice to the
filing of appropriate action to court for violation
and damages, if any. If case of incapacity to pay
the fine, the offender shall render three (3) hours
of community service. If the offender is a minor,
the parents/guardian shall pay the fine and render
the community service.
APPETIDIX B
Alternative Penalties/Penalty for Minor Ofrender
Community Service may be imposed on any natural or juridical person who has violated any provision of
this Code and who has no capacity to pay the fine, provided that the violator is physically and mentally fit
to render such service. If the violator is a juridical person, the owne(s)/ manager(s)/ administrator(s)
shall render the community service. /|
/\I
\- oRotNRNCE No. r45
Series of 2006
Page 30 ol 33
The following are the community services, which may be imposed upon violatoE:
a) Cleaning of sidewalks, streets, parks, river parks, public buildings, structures and surroundings.
b) Dredging of garbage from river.
c) Watering of plants in parks.
d) And other tasks that may be assigned by the implernenting agencies which are of similar nature.
e) Practice of profession (e.9. doctors, teachers) for the needy, children or elders.
0 Charity, civic works.
SECTION 46. The community service shall be imposed for a minimum of one (1) hour and a maximum
of eight (8) hours per day. Any implementing agenry as provided in this Code shall impose community
service to violatoB in the following manner:
Blood donation may be imposed as an alternative penalty for violators who has no capacity to pay the
fine, provided that the penalty involved shall not exceed P1,000 and that he/she is healthy, physically fit
and, thus, qualified to donate blood. The City Health Office shall certiry if an offender is a qualified
donor.
Implementing agencies/authorities may impose the alternative penalty of spiritual counseling to violators
of this Code in case of incapacity to pay the fine and inability to render community service due to
disability, illness or weak health condition which hinders a person to execute tasks which requires
physical exertion.
Values orientation and rehabilitation course shall be imposed on minor offenders. The Center for
Excellence (CENTE() shall administer the values orientation rehabilitation course. The course shall also
address the psychological, emotional and spiritual needs of minors.
Persons in breach of the provisions of this code to render community service/other alternative penalties
in lieu of the payment of fine as herein required, shall be liable to pay a fine of five thousand pesos (php
5,000.00) in addition to the fine prescribed for the subject violation, or shall be liabte for imprisonment
for a period not exceeding one (1) year, or both, at the discretion of the court.
Y APPENDIX C
Penalty Sharing
*-
w
d SECTION 51. Proceeds corresponding to the penalty collected shall be d'vided as follows: seventy five
percent (75%) shall go to the City GovernmenU and twenty five percent (25%) shall be divided between
the apprehending offtcer who shall receive five percent (50/o) and the implementing agency where the
violation was committed shall receive twenty percent (20olo).
SECTION 52' Pursuant to Resolution No. 135, Series of 2005, the City Treasurer shall provade ofricial
receipts to each Barangay office in the City to be issued for violations of City Ordinances. Barangay
Gptains and Barangay Treasurers shall be accountable to the City Treasurer for the ofricial receipts
issued under their respective Barangay office. Each Barangay shall be directed to remit monthly all
collections to the city Government. Any share of the Barangay and apprehending ofiicer to said
collection shall be transmitted monthly by the City Treasurer through payroll sygrerr|.
/
t\
a \-/ V onontqNcE No 145
Series of 2006
Page 31 of 33
APPEITIDIX D
Peoplet Law Enfor€ement Board (PLEB)/ Peace and Order Councif
Polace Advasory C.ouncil/ Rescue 161
The PLEB shall have jurisdiction to hear and decide citizen's complaints or cases filed before it against
erring officers and members of the PNP.
The Peace and Order Council identifies and discusses the various problems related to peace and order
being raised by different sectors of society and recommends actions for the resolution of said problems.
The Police Advisory Council acts as a consultative body for the antirrime and recommends strategies to
improve the peace and order program of the PNP-Marikina.
The Disaster Management office, also known as Rescue 161, was created to oversee, manage and
supervise actual rescue/relief/emergency operations, and coordinate, as may be required or necessary
other units or agencies during disasters, typhoons, and calamities.
APPEilDIX E
Implementing Agencies
SECTIOII 57. The following agencies are tasked to imptement this Code:
v ,l
e)
f)
g)
h)
City Healthffice (CHO)
Parks Development Office (PDO)
Marikina Settlements Office (MSO)
Bureau of Fire Protection-Marikina
i) Trafric Management Unit
*- j) Social Welfare and Development Omce-Marikina (DSWD- Marikina)
/* k) Public Market Ofrice
l-/ \
For the purpose of this Code, the following are the powers and functions of the implementing agencies;
A. PNP-Marikina
a) Enforce all laws and ordinances relative to the protection of lives and properties.
b) Maintain peace and order and take all neessary steps to ensure public safety /
I
-- ORDINANCE No 145
Series of 2006
Page 32 of 33
c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution.
d) Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws.
e) Detain an arrsted person for a period in accordance with the provision of law, informing the
person so detained of all his rights under the Constitution.
0 Issue licens€s for the possession of firearms and explosives in accordance with law.
g) Supervise and control the training and operations of security agencies and issue licenses to
operate s€curity agencies, and to security guards and private detectives, for the practice of
their pmfessions.
h) Perform such other duties and exercise all other functions as may be provided by law.
B. OPSS:
a) Protects and provides physical security to govemrnent ofiicials, personnel, materials and
properties of the City
b) Conducts investigation on safety and security violation and other cases referred to the office
from higher authorities.
c) Collecb, conelates intelligence information and disseminates them to units concerned and
serve as point of contact for coordination with other members of the community relative to
Public Order and Safety.
d) Undertake the removal of all kinds of obstruction along sidewalks and streets that hampers
the orderly flow of vehicles and safe passage of pedestrians.
a) Implement City and Barangay ordinances, particularly, those related to the maintenance of
peace and order.
D. Bantay-Bayan:
a) Assist the duly constituted authorities in the dissemination of information on peace and order,
community development. laws ordinances, and administrative issuances.
b) Support and assist the local development councils in the identification and implementation of
community development projects.
c) Assist the city and barangay disaster coordinating councils in providing medical, traffic, safety
and security services in cases of ernergency.
d) Assist the local officials and the PNP authorities to gather and collate information/data on
insurgency, crime, drug addiction, juvenile delinquency, vices dens, gambling and prostitution
hous$.
e) Carry out the functions of the Security Service Team of Ligtas Bayan in tim€s of calamities.
0 Assist the local or national ofricials and functionaries arouse civic consciousness and citizen
involvement in the development of their community.
g) Agsist the local residents and the PNP authorities to promote good relations among
l" themselves.
h) Assist the government and the civilian populace in promoting the traditional systems of
bayanihan, and inculcate in them the spirit of volunteerism.
i)
q
Conduct ronda in coordination with other legally organized groups doing similar neighborhood
* watch activity
o APPENDIX F
Final Provisions
The ofrice of the local chief executive shall formulate the Implementing Rules and Regulations (IRR) for
the effective implernentation of this Code.
7
'QRDINANCENo. 145
Series of 2006
Page 33 of 33
If for any reason or reasons, any part or provisions of this Code shall be declared to be unconstitutional
or invalid, other parts or provisions, hereof, which are not affected shall continue to be in full force and
effect.
All local ordinances or parts thereof, which are inconsistent with any of the provisions of this Code, are
hereby, repealed or modified accordingly.
This Code shall take effect after its publication once in a newspafEr of general circulation in the locality
and posting ofthe same for three (3) consecutive weeks at conspicuous places.
APPROVED by the SANGGUNIANG PANLUNGSOD of MARIKINA, this 296 day of November 2006.
OLITA E. DE LEON
--rL-)
DONN B. FAVIS
Presiding
Approved on
23 JAN 2007
N S. ANDRES, M.D.
ing City Mayor