ordi no.6 s.2013

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Curfew Ordinance for Minors of the Municipality of Boliney, Abra Page 1of 4

Republic of the Philippines

Cordillera Administrative Region

Province of Abra

MUNICIPALITY OF BOLINEY

OFFICE OF THE SANGGUNIANG BAYAN

ORDINANCE NO.

Series of 2013

AN ORDINANCE IMPOSING CURFEW HOURS FOR MINORS FROM 8:00 PM TO 5:00 AM AND

PROVIDING PENALTIES FOR VIOLATION THEREOF

Sponsored by:

Committee on Public Order and Safety

Hon. Dominador I. Sianen

Hon. Dumlao D. Balao-as

Hon. Beny S. Luis

WHEREAS, the rise on cases of juvenile delinquency has contributed considerably

to the deterioration of the peace and order situation in this municipality;

WHEREAS,this dire situation, which greatly disturbs our community elders and

greatly alarms the Municipal Government, demands immediate remedy;

WHEREAS,to protect the interest and welfare of our youth, this Sanggunian body

strongly believes that, an authoritative imposition to keep them indoors and out of

trouble during the unholy hour appears urgent and highly in order.

NOW THEREFORE, on motion of Hon. Dominador I. Sianen, with the unanimousaccord of the members of the Sangguniang Bayan present;

BE IT ENACTED, by the Sangguniang Bayan of the Municipality of Boliney, Abra in

session assembled, that:

SECTION 1. Title. This ordinance shall be known as the Curfew Ordinance for Minors

of the Municipality of Boliney, Abra.

SECTION 2. Objective. This municipal ordinance aims to curb juvenile delinquency in the

Municipality of Boliney to ensure the well being of the youth.

SECTION 3. Definition of Terms. When used in this municipal ordinance, the

following terms shall mean, apply and be construed as follows.

a. Minors - refer to persons below eighteen (18) years old, whether male orfemale.

b. Parents - refer to the biological father or mother of the minor and / or his orher foster father or mother.

c. Guardian - refers to a person who takes care of a minor under his or hercustody.

d. Council of Elders duly recognized community elders (lallakay) in theirrespective barangays.

SECTION 4. Imposition. A curfew is hereby imposed from 8:00 P.M. to 5:00 A.M. against

minors within the territorial jurisdiction of this municipality.

SECTION 5. Scope and Coverage. This imposition shall apply to all people below eighteen

(18) years old, whether resident or non-resident of this municipality.

SECTION 6. Enforced Regulation. All minors are enjoined strict compliance of the curfew

hour prescribed in Section 4 hereof, under which, they shall stay home or indoors during

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the curfew hour, otherwise, they shall be apprehended under pain of penalty as

provided herein.

SECTION 7. Exemption. Minors are exempted from the curfew hour if and when he or she

is:

a. In the company of one of his or her parents;b. In the company of his or her legal guardian;c. Inside a motor vehicle, which is in transit;d. During emergency errands for the family;e. When for justifiable reasons, minor was not able to reach his or her residence

within the prescribed curfew hour; and

f. Elected SK officials performing emergency and related official functionSECTION 8. Suspension on the Enforcement of the Curfew Hour. The curfew hour is

deemed suspended on the following occasions:

a. Christmas season from December 15 to January 6;b. Holy Week;c. Town Fiesta;d. Barangay Fiesta in barangay where such affair or celebration is held; ande. On such other date or dates staging special occasion/s through public

proclamations.

Provided, however, the curfew hour is automatically restored immediately after

the staging of such affair/s or celebration/s.

SECTION 9. Deputization. The local police force and all Punong Barangay of the different

barangays of this municipality, including the latters authorized agents like barangay

kagawads and tanods are hereby deputized and authorized to carry out the purposes of

this municipal ordinance.

SECTION 10. Implementing Rules. Deputized agents mentioned in the preceding section

hereof shall exercise prudence and courtesy in apprehending minors found violating the

penal provisions of this Municipal Ordinance and shall perform the following tasks:

a. Upon apprehension in violation of Section 4 hereof, bring the minor to aholding center for appropriate booking, secure and register in the official

logbook his or her full name, age, date of birth, sex, address, name of parents

and date and time of apprehension. After which, escort the minor to his usual

residence and release the custody of the minor to his or her parents or legal

guardian;

b. The apprehending officer or authority shall report the matter to the PunongBarangay; who shall then inform the Council of Elders. The Council of Elders

shall summon the minor and his / her parents to appear before them;

c. The Council of Elders shall inform the offending minor on the nature of his orher offense, admonish and reprimand him or her with the presence of the

Municipal Social Welfare and Development Officer (MSWDO) or his or her

authorized representative;

d. Minors found violating the curfew hour imposed in Section 4 hereof on three(3) or more occasions, shall be committed to the MSWDO for custody and

counseling.

SECTION 11. Penal Provisions. Imposed hereunder are penalties against minors found

violating this Municipal Ordinance:

a. FIRST OFFENSE - summon to parents, a stern warning from the Council ofElders, and a fine of FIFTY PESOS (P 50.00) with two (2) hours community

service under the supervision of the Punong Barangay or his authorized

representative;

b. SECOND OFFENSEsummon to parents and a reprimand from the Council ofElders with a fine of ONE HUNDRED (P 100.00) PESOS or four (4) hours of

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community service under the supervision of the Punong Barangay or his

authorized representative;

c. THIRD AND SUBSEQUENT OFFENSESsummon to parents, reprimand from the

Council of Elders and referral of minors and parents to the MSWDO for

appropriate counseling with a fine of TWO HUNDRED (P 200.00) PESOS or eight

(8) hours of community service under the supervision of the Punong Barangayor his authorized representative;

SECTION 12. Accrual of Fines.Sixty percent (60%) of the imposed fines shall accrue to the

municipality; forty percent (40%) shall accrue to the apprehending authority.

SECTION 13. Use of Fines Collected. The share of the municipality on the fine collected

shall be held in trust by the municipality. The same shall be appropriated by the

Sangguniang Bayan only for activities that will redound to the benefit of the community.

SECTION 14. Repealing Clause. Any ordinance, rules and regulations or parts

thereof which are inconsistent or in conflict with any of the provisions of this ordinance

are hereby repealed or modified accordingly.

SECTION 15. Separability Clause. If for any reason, any provision, section or any part

of this ordinance is declared invalid by any court of competent jurisdiction or suspended

or revoked by the Sangguniang Bayan, such judgment shall not affect or impair the

remaining provisions, sections or parts hereof which shall remain and continue to be in full

force and effect.

SECTION 16. Effectivity Clause. This Ordinance shall take effect on January 01,

2014.

CARRIED AND APPROVED.

ENACTED .

Voting on the foregoing ordinance are as follows:

HON. GENEROSO L. BAYLON HON. MANUEL JAMES S. STIMSON HON. DUMLAO D. BALAO-AS

Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member

HON. DOMINADOR I. SIANEN HON. ARNOLD L. AGSALLONG HON. BENY S. LUIS

Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member

HON. HAILEY M. TIMMANGEN HON. HERNAND B. LUMAWIG HON. GERRY BOY M. BAYLON

Sangguniang Bayan Member Sangguniang Bayan Member PresidentLiga ng mga Barangay

Ex-officio Member

NEGATIVE : NONE

ABSENT : HON. GASPEL JOHN AGSALLONG

SK Federation President

Ex-officio Member

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Pursuant to Section 469 of the Local Government Code of 1991, I hereby certify to the

correctness of the above quoted ordinance.

ERNEST LINDLEY L. ATON

Secretary to the Sanggunian

ATTESTED AND CERTIFIED TO BE DULY

ADOPTED:

HON. QUERICO S. STIMSON

Municipal Vice Mayor APPROVED:

HON. BENIDO L. BALAO-AS, SR.

Municipal Mayor

Date signed:

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ordi no.6 s.2013