Ordinance Imposing A Curfew - Covid19 2

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Republic of the Philippines

Province of
Municipality of
BARANGAY

Excerpt from the minutes of the Regular Meeting of the Council of Barangay Ansagan
held at ___________ on January 30, 2021.

PRESENT:

ABSENT:

ORDINANCE NO. ____


Series of 2021

AN ORDINANCE IMPOSING A CURFEW IN BARANGAY ______ FROM 8:00


O'CLOCK IN THE EVENING TO 5:OO O'CLOCK IN THE MORNING OF THE
FOLLOWING DAY, TO ADDRESS THE WIDESPREAD TRANSMISSION OF THE
CORONA VIRUS (COVID-19), AND FOR OTHER PURPOSES.
WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991 provides 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. x xx;"
WHEREAS, President Rodrigo Roa Duterte issued Proclamation No. 922 entitled
"Declaring a State of Public Health Emergency throughout the Philippines";
WHEREAS, said Proclamation enjoins all government agencies and LGUs to render full
assistance and cooperation and mobilize the necessary resources to undertake critical,
urgent and appropriate response and measures in a timely manner to curtail and
eliminate the Covid-19 threat;
WHEREAS, under Republic Act 11332, a public health emergency refers to an
"occurrence of an imminent threat of an illness or health condition which could pose a
high probability of a large number of deaths...widespread exposure to an infectious
agent;
WHEREAS, the BLISTT (Baguio, La Trinidad, Itogon, Sablan, Tuba, Tublay), acting in
unison with the national government on the rising incidents of the Corona Virus Disease
(Covid-19), strongly recommend to all BLISTT area local legislative bodies impose a 15
days CURFEW from 8:00 pm to 5:00 am subject to their necessary guidelines in order
to preserve and protect the lives and health of their constituents;
WHEREAS, in view of the foregoing and in the interest of public safety and order, the
__________ deems it necessary to impose the aforesaid measure to prevent and/or
contain the widespread transmission of Corona Virus Disease (Covid-19) in the
Municipality of Tuba.
WHEREAS, on 12 March 2020, the Inter-Agency Task Force for the Management of
Emerging Infectious Disease, with the approval of the President, raised the Code Alert
level to Code Red Sublevel Two and the imposition of stringent social distancing
measures in the BLISTT area for ____________________.
NOW, THEREFORE, BE IT ORDAINED as it is hereby ordained by the Sangguniang
Barangay, in session duly assembled, THAT:
SECTION1. TITLE - This Ordinance shall be known as the "Curfew Hours to fight
COVID-19 in Barangay_______."
SECTION2. DEFINITION OF TERMS - As used in this Ordinance, the following words
and phrases shall mean:
a. Curfew Hours - The hours from 8:00 o'clock in the evening to 5:00 o'clock in the
morning of the following day where any person is prohibited from loitering, wandering,
strolling, or remaining or stay in public places without legal or justifiable reason;
b. Emergency Situation - This includes unforeseen circumstances, or the status or
condition resulting therefrom, requiring immediate action to safeguard life, limb or
property. The term also includes, but is not limited to, fires, calamities, disasters,
automobile accidents, or other similar circumstances;
c. law Enforcement Agents - refer to person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, the Department of Public Safety and Traffic
Management, barangay officials and barangay tanods;
d. Public Places - Places where the general public, or a substantial group of people,
have access including but not limited to, streets, highways, sidewalks, alleys, parking
lots, vacant lots, parks, open spaces and the common areas in the vicinity of churches,
apartment buildings, office buildings, hospitals, schools, shops, recreational centers and
other similar places or establishments;
e. Residence - means the house or home where the person actually resides.
SECTION 3. IMPOSITION OF CURFEW HOURS; PERSON COVERED- It is unlawful
for any person to loiter, wander, stroll, or to remain or stay in public places within the
territorial jurisdiction of the Barangay without legal or justifiable reason from 8:00 o'clock
in the evening to 5:00 o'clock in the morning of the following day.
SECTION 4. ROLE OF LAW ENFORCEMENT AGENTS - The law enforcement agents
shall ask the persons violating the curfew hours to go home, and if they refuse, they
would be arrested. A warrantless arrest may be done if the person in violation of the
curfew hours is trying to assault, slander, or bribe the law enforcement agents.
SECTIONS. EXCEPTIONS - The following persons shall be exempt from the
implementation of the Curfew Hours:
a. Persons going to work or returning home from work with regular work schedules
falling within the curfew hours, hospital and rescue personnel, security guards and other
similar occupations, members of law enforcement agencies.
b. Persons delivering foods and medicines.
c. Persons buying foods, medicines, and other household essentials.
d. Drivers of Public Utility Vehicles such as: buses, jeepneys, taxis, TNVS and
tricycies/pedicabs and
e. Persons involved in an emergency situation.
SECTION6. NO PENALTY IMPOSED ON CHILDREN - No penalty shall be imposed on
children for violation of curfew hour ordinance. Children found violating the curfew hours
shall be brought to their residence or to any barangay official at the barangay hall and
released to the custody of their parents or guardians pursuant to the pertinent
provisions of Republic Act No. 9344 otherwise known as the Juvenile Justice and
Welfare Act of 2006 and Ordinance No. 0702 S. 2017.
SECTION7. PENALTIES - The following penalties shall be imposed upon any person
found to be in violation of the Curfew Hours:
a. FIRST OFFENSE- The violator shall pay a fine of three thousand pesos
(P3,000.00)or imprisonment of one (1) month or both such fine and imprisonment at the
discretion of the court.
b. SECOND AND SUBSEQUENT OFFENSES- The violator shall pay a fine of five
thousand pesos (P5,OOO.OO)or imprisonment of one (1) month or both such fine and
imprisonment at the discretion of the court.
SECTION 8. FUNDING - Such amount as may be necessary for the proper and
effective implementation of this Ordinance shall be taken from available funds or from
funds not otherwise appropriated.
SECTION 9. SEPARABILITYCLAUSE- If, for any reason, any section or provision of
this Ordinance is declared unconstitutional or invalid by a competent court, the
remaining sections or provisions not affected thereby shall continue to be in full force
and effect.
SECTION10. REPEALING CLAUSE - All ordinances, resolutions, rules or regulations
which are inconsistent with or contrary to the provisions of this Ordinance are hereby
repealed, amended or modified accordingly.
SECTION11. IMPLEMENTING RULES- The Punong Barangay may issue implementing
and clarification rules as may be necessary for the effective implementation of this
Ordinance, basing on the recommendations of the National Government, IATF, BLISTT
Mayors _______.
SECTION12. EFFECTIVITY-This Ordinance shall take effect immediately.
UNANIMOUSLY APPROVED.

I HEREBY CERTIFY to the correctness of the foregoing ordinances which was


duly approved by the Sangguniang Barangay during its Regular Session on January 21,
2021.

Certified Correct:
Sangguniang Barangay Secretary

Approved by:
Punong Barangay

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