2012 217

SANGGUNIANG PANLUNGSOD
5TH City Council

EXCERPT FROM THE MINUTES OF THE 127TH REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF THE ISLAND GARDEN CITY OF SAMAL, DAVAO
DEL NORTE HELD ON DECEMBER 18, 2012 AT THE SP SESSION HALL.
PRESENT:
Hon. Al David T. Uy,
Hon. Jaime A. Pichon,
Hon. Richard A. Guindolman,
Hon. Napoleon P.G. Villarica,
Hon. Gaspar R. Valera,
Hon. Teresita B. Antalan,
Hon. Guillermo E. Olden
Hon. Isidro P. Requina, Sr.,
Hon. Nieljun C. Esdrelon,
Hon. Godofredo M. Mara,
Hon. Metodio D. Gonato,
Hon. Samuel C. Rosario,
Hon. Datu Alfonso V. San Juan, Sr.,
Hon. Michaelle Kirsten T. Ferrazzini,
City Vice Mayor, Regular Presiding Officer

SP Member, Presiding Pro-Tempore
SP Member
SP Member
SP Member
SP Member
SP Member
SP Member
SP Member
SP Member
SP Member
SP Member
IP Representative
SKF President
On Official Business:
Hon. Joel L. Olivares,
Liga President (DENR Office)
On Leave:
Hon. Glenn C. Colmenares,
SP Member
Sponsor:
Hon. Nieljun C. Esdrelon
Co-Sponsor: Unanimous
City Ordinance No. 2012-217
"AN ORDINANCE CODIFYING THE CITY GENERAL ORDINANCES
OF THE ISLAND GARDEN CITY OF SAMAL (1998 - 2012)"
Be it ENACTED, by the Sangguniang Panlungsod of the Island Garden City of Samal in

session assembled, that:
TITLE I
GENERAL PROVISIONS
SECTION 1. Title. - This Code shall be known as the "2012 CODIFIED
ORDINANCE OF THE ISLAND GARDEN CITY OF SAMAL".
CHAPTER 1: CONSTRUCTION AND INTERPRETATION OF THIS CODE
SECTION 2. Interpretation. - Any ambiguity or doubt as to the meaning of a word or
term used in this Code, shall be given the interpretation adopted in the original source of the
ordinance: Provided that the generally accepted Rules on Construction and Interpretation shall
have suppletory application herein.
Likewise, between the English text of this Code as herein approved, and its translation
into any dialect or language as may officially be allowed, the English text shall prevail.
TITLE II
ADMINISTRATION
CHAPTER 1: SANGGUNIANG PANLUNGSOD LOGO
SECTION 3. Rationale. The Sangguniang Panlungsod of the Island Garden City of
Samal is an entity in our local government setting that enacts laws and resolutions that prove to
be beneficial to the people of Samal. It has been labeled as the political institution that gives
paramount consideration to the well-being of Samaleos. It is also very desirous to promote the
beauty and nature of this City. Being an entity with distinct function and responsibility, the
Sanggunian Panlungsod must adopt an official seal/logo that befits the identity manifesting the
integrity of the said office.
SECTION 4. Official Logo. The 5th City Council hereby adopted the Official
Logo/Seal of the Sangguniang Panlungsod of the Island Garden City of Samal.
SECTION 5. Logo Design. The Official Logo/Seal shall be in a bright blue colored
oblong with yellow circles inside and a red circle surrounding the blue color.
On the upper portion of the blue circle, it shall be labeled with "ISLAND GARDEN
CITY OF SAMAL" carved in an Arial bold white font.
It shall have a panoramic view of the Sangguniang Panlungsod building surrounded by
full blossomed bougainvilleas with three seagulls soaring freely across the fair-weathered sky.
On the center of the logo/seal is a polished wooden gavel.
On the lower portion, it shall have a light brown-yellow wreath labeled with
"Sangguniang Panlungsod" marked with a "19" and a "98" on both ends.
SECTION 6. Symbolism. The Official Logo/Seal shall symbolize the following:
A.
Wooden Gavel symbolizes the authority of the members of the

Sangguniang Panlungsod to enact local laws and policies that promote the
welfare and well-being of the inhabitants. It manifests the respect which
is accorded to the dedicated members of the Sangguniang Panlungsod for
their commitment to serve the Samaleos.
B.
Bougainvillea is a natural glimpse of the beauty that can be seen in this

garden City. It signifies the abundance and the balance of nature.
C.
Flying seagulls represent the inhabitants of three districts who are freely
charting their dreams and making the most of their livelihood in this City.
D.
Wreath labeled with "Sangguniang Panlungsod" with a marked "19" and

"98" on both ends emphasize the year 1998 when the Sangguniang
Panlungsod of the Island Garden of Samal came to existence.
CHAPTER 2: FREE REGISTRATION DAY

SECTION 7. Free Registration. - In commemoration of the Civil Registry Law per
Presidential Proclamation No. 682 dated January 19, 1991 and Presidential Proclamation No.
326 dated February 14, 1994, it is hereby declared that every 27th day of February and every
year thereafter as "Free Registration Day" for the Office of the City Civil Registrar in the Island
Garden City of Samal.
SECTION 8. Free Transaction. - The following transactions are free of charge during
the one day free registration:
A.
Service fee for the registration of births and marriages
B.
Legitimation (the process where a child born out of wedlock is considered

legitimate by fiction of law due to the subsequent valid marriage of his/her
parents)
C.
Certification fee/certified true copy/authentication fee for certificate of

birth, death and marriage
D.
Application for marriage license
SECTION 9. In case of Weekend or Holiday. - If the 27th day of February falls on

Saturday, said activity shall be done one day prior to the schedule which is Friday and in case the
27th of February falls on Sunday the activity shall be conducted on the next day which is
Monday.
SECTION 10. Implementing Agency. - The City Civil Registrar's Office in
coordination with the City Treasurer's Office shall be the implementing agency of this Code and
shall formulate plans and strategies for its smooth implementation.
CHAPTER 3 : GIVING A SERVICE RING AND PLAQUE OF RECOGNITION TO
ANY ELECTED CITY OFFICIALS
SECTION 11. Coverage. - Any elected officials elected from 1995 for 3 consecutive
terms and thereafter who serve in this city regardless of elective positions shall qualify to receive
a service ring award and a plaque of recognition.
SECTION 12. Service ring and Plaque. - Service award shall be in a form of a ring
and a plaque of recognition that symbolizes the city and the office concerned and be given to the
awardee(s) on the last flag ceremony or convocation program during the last term of their office.
SECTION 13. In case of death. - In case of death, prior to the termination of the last
day of office of those elected for three (3) consecutive terms, the ring and the plaque shall be
given to the legal spouse or to the immediate member of the family. Those elected for three (3)
consecutive terms who suffered total disability shall qualify to receive the award.
SECTION 14. Value. - The amount of the ring shall not be less than Twenty Five (25)
Thousand Pesos but not more than Thirty (30) Thousand Pesos.
CHAPTER 4: RULES OF PROCEDURES GOVERNING ADMINISTRATIVE CASES

ADMINISTRATIVE ACTION
SECTION 15. Commencement of Action. - An administrative action is commenced
by the filing of the verified complaint at the Sangguniang Panlungsod Office and upon payment
of docket fee.
SECTION 16. Grounds for Disciplinary Actions. - An elective barangay official may
be disciplined, suspended, or removed from office on any of the following grounds:
A.
Disloyalty to the Republic of Philippines;
B.
Culpable violation of the Constitution;
C.
Dishonesty, oppression, misconduct in office, gross negligence, or

dereliction of duty;
D.
Commission of any offense involving moral turpitude or an offense
E.
punishable by at least prision mayor;

Abuse of authority;
F.
Unauthorized absence for fifteen (15) consecutive working days, except in

the case of members of the Sangguniang Barangay;
G.
Application for, or acquisition of, foreign citizenship or residence or the

status of an immigrant of another country; and
H.
Such other grounds as maybe provided in Republic 7160 and other laws.
JURISDICTION AND VENUE OF ACTION

SECTION 17. Jurisdiction. - All verified complaint against erring Elected Barangay
Officials within the territorial jurisdiction of the City, shall be cognizable at the Sanggunian
Panlungsod, Island Garden City of Samal.
SECTION 18. Venue and Time of Hearing. - All administrative cases against Elected
Barangay Officials shall be tried at the Session Hall of the Sangguniang Panlungsod, Island
Garden City of Samal, every Thursday from 1:00 to 5:00 o'clock in the afternoon.
SECTION 19. Change of Venue. - The Sanggunian may grant the motion/request for
change of venue provided such motion/request shall made in writing and shall state reasonable
grounds.
PARTIES TO ADMINISTRATIVE ACTION
SECTION 20. Parties; Complainant and Respondent. - The term complainant may
refer to the complaining party or a party bringing the action. The term defendant may refer to a
party charged or defending party who is the elected barangay official.
SECTION 21. Minor or incompetent party. - A minor or a person alleged to be
incompetent, may file administrative complaint against erring barangay elected official, with the
assistance of his/her parent, guardian, or if he has none, a guardian ad litem.
PLEADINGS
SECTION 22. Pleading defined. - Pleadings are the written statements of the
respective assertion and defenses of the parties submitted to the Sangguniang Panlungsod for
appropriate judgment. The assertions of a party are alleged in a complaint and the defenses of a
party are alleged in the answer.
SECTION 23. Complaint. - The complaint is the pleading alleging the complainant's
cause or causes of action. The name, capacity to sue and address of the complainant as well as,
the name, position and address of the defending party must be stated in the complaint.
It states a clear and concise statement of the cause or causes of action and a brief
statement of relevant and materials facts, accompanied by true copies of documentary evidence,
sworn statements covering the testimonies of his/her witnesses.
SECTION 24. Answer. - An answer is a pleading in which a defending party sets forth
his/her defenses.
SECTION 25. Caption of a Pleading. - The caption sets forth the name of the court
(Sangguniang Panlungsod), the title of the action and the docket number if assigned. The title of
the action indicates the names of the parties. They shall all be named in the original complaint.
SECTION 26. The Body. - The body of the pleading sets forth its designation, the
allegations of the party's assertions or defenses, the relief prayed for, and the date of the
pleading.
SECTION 27. Signature and Address. - Every pleading must be signed by the party
or counsel representing him, stating in either case his/her address.
WHEN TO FILE COMPLAINT AND ANSWER
SECTION 28. Filing of Complaint. - The complainant may file his/her verified
complaint against erring barangay elected official to the Sangguniang Panlungsod Secretariat and
upon payment of docket fee to the City Treasurer's Office. The complainant shall submit at least
fifteen (15) clear and legible copies of the complaint including its annexes.
After filing of the administrative complaint, the Secretary to the Sanggunian shall include
such complaint in the calendar of business in next regular session and shall be referred to the
Committee on Blue Ribbon, Good Governance, Public Ethics and Accountabilities for the
determination of probable cause.
When the committee found out that the probable cause exists in the administrative
complaint, the committee shall issue summon in which it shall require the respondent to file
his/her answer within the prescribed period. However, if such complaint fails to tender an issue
or the Sanggunian has no jurisdiction over the subject matter, the committee shall recommend to
the Quasi Judicial Body for the dismissal of the complaint.
SECTION 29. Answer to the Complaint. - The respondent shall file his/her answer to
the complaint within fifteen (15) days after service of summons, unless a different period is fixed
by the Sanggunian.
SECTION 30. Extension of time to file answer. - Upon motion/request of the
respondent and stating the reasons thereof, the Sanggunian may extend the time to file answer.
SECTION 31. Default Respondent. - If the respondent fails to answer within the
prescribed period, the Sanggunian shall, upon motion of the complainant or moto propio, declare
the respondent in default and he shall deem to have waived his/her right to present evidence. The
Sanggunian shall proceed to render judgment on the complainant's pleading, unless in its
discretion requires the complainant to submit evidence. Such reception of evidence may be
delegated to the Secretary to the Sanggunian.
FILING AND SERVICE OF PLEADINGS, MOTIONS, JUDGMENT AND OTHER
PAPERS
SECTION 32. Filing and Service defined. - Filing is the act of presenting of all
pleadings and other papers to the Sanggunian. Service is the act of providing a party with a copy
of the pleading or paper concerned.
SECTION 33. Manner of Filing. - The filing of pleadings, motions and all other
papers shall be made by presenting the copies thereof personally to the Sanggunian or by sending
them by registered mail.
SECTION 34. Modes of Service. - Service of pleadings, motions, judgment and other
papers shall be made either personally or by mail.
SECTION 35. Personal Service. - Service of all papers may be made by delivering
personally a copy to the party or his/her counsel or by leaving it in his/her office with his/her
clerk or with person having charge thereof or leaving it in respondent's residence with some
person of suitable age.
SECTION 36. Service by Registered Mail. - Service by registered mail shall made by
depositing the copy in the mailing office, in a sealed envelop, plainly addressed to the party or
his/her counsel at his/her office, if known, otherwise at his/her residence.
SECTION 37. Proof of Service. - Proof of personal service shall consist of a written
acknowledgment of a party or his/her counsel who personally signed the transmittal which
contains date and place received.
If service is made by registered mail, proof shall be made by the registry receipt which
issued by the mailing office.
SUMMONS
SECTION 38. Sanggunian to Issue Summons. - Upon the filing of the administrative
complaint and the payment of the requisite legal fees, the Sanggunian shall forthwith issue the
corresponding summons to the respondent.
SECTION 39. Contents of Summons. - The summons shall be directed to the
respondent, signed by the Secretary to the Sanggunian and contain the following:
A.
The name of the Quasi-Judicial Body and the name of the parties in action;
B.
A direction that the respondent shall answer the complaint within the
prescribed period;
C.
A notice that if he fails to answer with the prescribed period, the Sanggunian
shall, upon motion of the complainant or moto propio, declare the respondent
in default and he shall deem to have waived his/her right to present evidence.
The Sanggunian shall render judgment by default and may be granted the relief
applied for.
SECTION 40. By Whom the summon served. - The summons may be served by the
Sanggunian Panlungsod Secretariat staff, or authorized agent, or for justifiable reasons by any
suitable person authorized by the Sanggunian issuing the summons.
SECTION 41. Service of Summons. - Whenever practicable, the summons shall be
served by handing a copy thereof to the respondent in person, or if he refuses to receive and sign
for it, by tendering it to him.
SECTION 42. Substituted Service of Summons. - If, for justifiable causes, the
defendant cannot be served within a reasonable time as provided in the preceding section, service
may be affected by the following:
A.
By leaving copies of the summons at the respondent's residence with some

person of suitable age;
B.
By leaving the copies at respondent's office or regular place of business

with some competent person in charge thereof.
SECTION 43. Proof of Service of Summons. - The proof of service of summons shall
be made in writing by the server, shall set forth the manner, place and date of service, shall
specify any papers which have been served with the process and the name of the person who
received the same.
PRE-TRIAL CONFERENCE
SECTION 44. When Conducted. - After the answer has been served and filed, it shall
be the duty of the Sanggunian to promptly conduct a pre-trial conference.
SECTION 45. Pre-Trial Conference. - Within ten (10) days after the answer is being
filed, the Sanggunian, upon the motion of any interested parties or the direct parties and/or legal
counsel to appear before it for a conference to consider the following:
A.
Simplification of issues;
B.
Advisability of amendment to the pleading;
C.
Possibility of stipulation of facts;
D.
Possible limitation of the number of witnesses to be presented;
E.
Such other matters as may aid in the speedy disposition of the case.
SECTION 46. Summary, Judgment or Resolution. - If the complaint and the answer
do not raise a question of fact and involves purely a question of law. The Sanggunian may
dispose of the case based on the pleading and documents submitted and on existing applicable
jurisprudence of previous decisions. In cases of the first impression, the parties, aside from the
pleading filed, may be required to submit their respected paper or memoranda. However, the
Sanggunian may call the parties to answer clarificatory questions after submission of their
respective memoranda.
SECTION 47. Oaths Affirmations, Witnesses and Production of Records - In all
cases pending before it, the Sanggunian shall have the power to issue subpoena duces tecum and
subpoena ad testificandum to compel the person to testify and to produce books, papers and
other records deemed necessary as evidence. Any person without lawful excuse, who fail or
refuse to make oath, give testimony or produce documentary evidence shall be dealt with in
accordance with existing laws.
The Sangguniang Panlungsod member shall have the power to administer oaths or
affirmations in all matters pending before it.
SECTION 48. Submission of Position Papers. - During the Pre-trial conference, or
immediately thereafter, the Sanggunian shall require the parties to simultaneously submit their
respective verified position papers, which shall cover only the issue raised in the pleadings,
accompanied by all supporting documents then available to them and the affidavits of their
witnesses shall take the place of their direct testimony. The parties thereafter not be allowed to
allege, or present evidence to prove facts not referred to in any cause or causes of action, not
included in the pleading or position papers, affidavit and other documents. The parties shall
furnish each other with copies of the position papers, together with the supporting documents
submitted to them.
SECTION 49. Determination of Necessity of a Hearing. - Immediately after the
submission of the parties of their position papers and other supporting proofs, the Sanggunian
shall determine if there is a need for formal hearing or investigation. The Sanggunian may illicit
pertinent facts or information, including documentary evidence, if any from any party or witness
to complete the facts of the case. Facts of information so elicited may serve as a basis for
clarification, simplification of the issues in the case, encouraging for this purpose the submission
by the parties of admissions and stipulations of fact to abbreviate the proceedings.
SECTION 50. Role of the Committee on Good Government, Public Ethics and
Accountabilities and Blue Ribbon. - In any contested case, the committee shall have the power
to investigate and to look into the facts of each alleged violation the extent of the alleged
violation, the rule of laws violated and the imposable penalty or penalties. Further, the
committee shall recommend to the Quasi-Judicial Body the result of the investigation for
appropriate administrative action.
SECTION 51. Extent of Cross-Examination. - In the cross examination of the

witness, only relevant, pertinent and material questions raised in the direct and necessary to
enlighten the Sanggunian Members shall be allowed.
SECTION 52. Transcript. - All hearing by the Sangguniang Panlungsod shall be
attended by a stenographer/s who shall take down notes of the proceeding therein. At the end of
each hearing, it shall be his/her duty to immediately transcribe all the notes taken thereat and
deliver the said notes as well as the transcription to the Secretary to the Sanggunian, to be
attached to the records of the case. All members of the Sangguniang Panlungsod shall be
furnished a copy of the transcript of the proceeding at least one (1) day before the next hearing.
Any interested party may secure the transcription of the stenographic notes taken at the hearing
of the case by paying the stenographer/s concerned a fee of five (5) pesos per computerized or
type written page thereof, provided that, upon written request, an indigent or a low income party
litigant, shall be furnished a free copy of the notes. For this purpose, an indigent or low income
litigant shall include anyone who has no visible means of support or whose income does not
exceed one hundred pesos (P100.00) a day or whose income exceed P100.00 a day, is
insufficient for the subsistence of his/her family, which fact shall be determined by the City
Social Welfare Office.
SECTION 53. Duration of the Investigation. - The investigation of the case shall be
terminated within 90 days from the start thereof. However, if the delay in the proceeding is due
to the fault of neglect the respondent or he/she made a request other than the appeal duly filed of
the respondent, duration of such delay shall not be counted in computing the time of termination
of the case. Furthermore, no investigation shall be held within 90 days immediately prior to any
local elections.
PREVENTIVE SUSPENSIONS
SECTION 54.
Imposition. - Upon the recommendation of the Sangguniang
Panlungsod in session assembled, preventive suspension may be issued by the City Mayor
anytime after the issues are joined, when the evidence of guilt is strong, and given the gravity of
the offense, there is great probability that the continuance in the office of the respondent could
influence the witnesses or pose a threat to the safety and integrity of the records and other
evidence. Provided, that any single preventive suspension of local officials shall not extend
beyond sixty (60) days. Provided further, that in the event that several administrative cases are
filed against such elective officials, he/she cannot be preventively suspended for more that ninety
(90) days within a single year on the same ground or grounds existing and known at the time of
the first suspension. However, no preventive suspension shall be imposed within 90 days
immediately prior to the 90-day period immediately preceding local election, it shall be deemed
automatically lifted upon the start of the aforesaid period. Upon the expiration of the preventive
suspension, the suspended public officer shall be deemed reinstated in the office without
prejudices to the continuation of the proceeding against him, which shall be terminated within
120 days from the time he/she was formally notified of the case against him/her.
SECTION 55. Salary of Respondent Pending Suspension. - The public officer
preventively suspended from office shall received no salary or compensation during such
suspension, but upon subsequent exoneration and reinstatement, he/she shall be paid full
salary/compensation including such emoluments accruing during the suspension.
DECISIONS, RESOLUTIONS AND ORDERS
SECTION 56. Executive Session. - Within the 15 days from submission of the case for
decision, the Sanggunian shall meet in an Executive Session to discuss the action to be taken.
As soon as the consensus is arrive. A ponente shall be chosen among the members voting for a
particular course of action, without prejudice to the submission of the individual concurring or
dissenting opinions, as the case may be, when so desired by the members concerned.
SECTION 57. Decision, Resolution or Order. - All final decisions, resolution and
Orders by the Sanggunian shall require the concurrence of the majority of all members and shall
bear the seal of the Sangguniang Panlungsod after it shall have been considered and approved in
a session thereof within 30 days after the end of the investigation. Prior thereto, no copy of the
decision, resolution or order shall be released to the parties or to the public. Only the Presiding
Officer shall release such decision, resolution or order.
SECTION 58. Service of the Decision, Resolution or Order. - All decision,
resolution or order of the Sangguniang Panlungsod shall be served by its secretariat to the parties
and their legal counsel either personally or by registered mail. In case of service by registered
mail, the registry return receipt shall be prima facie evidence of the receipt of the decision,
resolution or order by the addressee in due course of such mail.
Personal service is complete upon actual delivery. Service by registered mail is
complete upon the actual receipt by the addressee, but if he/she fails to claim his/her mail from
the Post Office within 5 days from the date of the 1st notice, service shall take effect upon the
expiration of such time.
SECTION 59. Motion for Reconsideration. - The party aggrieved by the decision,
resolution or order by the Sanggunian may file a motion for reconsideration thereof, within15
calendar days from receipt of the same.
The filing of the motion for reconsideration shall interrupt the running of the period to
appeal, unless said motion is pro forma.
The party interested in upholding the decision, resolution or order of the Sanggunian may
file his/her opposition to the motion for reconsideration at any time before the resolution of such
motion, provided, that not more than one motion for reconsideration shall be allowed to any
party.
ADMINISTRATIVE APPEALS
SECTION 60. Appeals. - Any decision, resolution or final order by the Sangguniang
Panlungsod, in the absence of the appeal therefrom as herein provided, shall become final 30
calendar days after the date of the notification to the parties. The filing of the motion for
reconsideration by any party suspends the running of the period to appeal. A party may appeal
to the Sangguniang Panlalawigan.
EXECUTION OF THE FINAL DECISION, RESOLUTION OR ORDER
SECTION 61. Execution of final decision, resolution or order. - Any decision,
resolution or order imposing a penalty of suspension or removal that has become final and
executory shall be enforced and executed by the City Mayor.
SECTION 62. Execution pending appeal. - An appeal shall not prevent a decision
from becoming final and executory. The respondent shall be considered as having place under
preventive suspension during the pendency of the appeal. In the event the appeal results in the
exoneration of the respondent, he shall be paid his/her salary and such other emoluments
occurring during the pendency of the appeal.
COVERAGE AND APPLICABILITY
SECTION 63. Coverage and applicability. - The rules shall apply to cases filed
against any elective Barangay Officials before the office of the Sangguniang Panlungsod of the
Island Garden City of Samal.
CHAPTER 6: ORGANIZATIONAL STRUCTURE AND STAFFING PATTERN

SECTION 64. Definition of Terms. A. Reorganization - a process of restructuring the bureaucracy's
organizational and functional set-up to make it more viable, in terms of
economy, efficiency, effectiveness and make it more responsive to the
needs of its public clientele as authorized by law.
B. Total Reorganization - the process of restructuring the whole agency's
organizational and functional set-up.
C. Permanent Appointment - an appointment issued to a person who
possesses all the qualification prescribed for the position to be filled,
including the appropriate civil service eligibility.
D. Temporary Appointment - an appointment issued to a person who
possesses all the qualifications for the position to be filled except the
appropriate civil service eligibility. The appointment will be for a period
of not more than twelve months.
E. Coterminous Appointment - an appointment issued to a person whose
entrance and continuity in the service is based on the trust and confidence
of the appointing authority or of the head of the organizational unit where
assigned. It may also be co-existent with the incumbent or with the period
for which an agency or office was created.
F. Casual Appointment - issued to a person to do only essential and
necessary services where there are not enough regular staff to meet the
demands of the service.
G. Contractual Appointment - issued to a person to undertake a specific
work or job for a limited period not to exceed one year.
H. Reappointment - is the re-issuance of an appointment during
reorganization, devolution, salary standardization, re-rationalization or
similar events. Reappointment presupposes no gap in the service.
I. Transfer - is the movement of employee from one position to another

which is of equivalent rank, level or salary without break in the service
involving the issuance of an appointment.
J. Demotion - is the movement of an employee from one position to another
with reduction in duties, responsibilities, status or rank which may or may
not involve reduction in salary and is not disciplinary in nature.
K. Removal - shall connote separation from the service as a result of
reorganization.
L. Appointing Authority - the person or body authorized by law to make
appointments.
M. Performance - an employee's accomplishments in terms of the
requirements of the job and evaluated through a systematic method of
appraisal.
N. Upgrading/Reclassification - refers to the change in position title with
the corresponding increase in salary grade.
O. Placement Committee - a committee to assist the appointing authority in
the judicious selection and placement of personnel in order that the best
qualified and most deserving persons shall be appointed in any
reorganization, it shall be composed of the following:
Composition:
City Mayor as Chairperson
City Vice Mayor as Co-Chairperson
Members:
1.
City Human Resource Management Officer
2.
City Budget Officer
3.
Three (3) representatives from the Sanggunian Panlungsod, one

from each district
4.
One (1) representative from employees holding first level position
5.
One (1) representative from employees holding second level

position
6.
A representative of an employees association duly registered in

accordance with Executive Order No. 180 and its implementing
rules.
A representative of the Civil Service Commission may be requested by the agency to

render assistance to the Committee.
SECTION 65. Organizational Structure. - The revised Organizational Structure and
Staffing Pattern of the City Government of the Island Garden City of Samal duly indorsed by the
Local Chief Executive as authorized by the Sangguniang Panlungsod in its Resolution No. 51, s.
2010 with the assistance of the Reorganization Committee created by the Local Chief Executive
thru Executive Order No. 15, s. 2010 who was tasked to make the necessary revisions in
accordance with the provisions of Republic Act No. 6656, s. 1988 and its Implementing Rules,
Civil Service Commission Memorandum Circular No. 19, s. 1992, Section 76 and Section 325 of
Republic Act No. 7160, otherwise known as Local Government Code of 1991 and its
Implementing Rules and Regulations and Republic Act No. 8471, s. 1998 creating the Island
Garden City of Samal, are hereby APPROVED which shall form as integral parts of this Code, to
wit:
ORGANIZATIONAL STRUCTURE
Organizational Structures and Positions Chart of all Offices under the Executive and Legislative
Departments, to wit:
1.
2.
3.
4.
5.
6.
7.
8.
Office of the City Mayor

Office of the Sangguniang Panlungsod
Office of the City Administrator
Office of the City Treasurer
Office of the City Assessor
Office of the City Accountant
City Budget Office
City Planning and Development Office
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Office of the City Engineer

City Health Office
Office of the City Civil Registrar
City Legal Office
Office of the City Veterinarian
City Social Welfare and Development Office
City General Services Office
City Agriculturist Office
City Human Resource Management Office
City Environment and Natural Resources Office
City Investment and Tourism Office
Staffing Pattern of all Offices under the Executive and Legislative Departments, to wit:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Office of the City Mayor

Office of the Sangguniang Panlungsod
Office of the City Administrator
Office of the City Treasurer
Office of the City Assessor
Office of the City Accountant
City Budget Office
Office of the City Engineer
City Health Office
Office of the City Civil Registrar
City Legal Office
Office of the City Veterinarian
City General Services Office
City Investment and Tourism Office
SECTION 66. Special Provision. - The position of Security Guard under the Office of
the City Mayor, and Carpenter, Electrician, Park Attendant and Administrative Aide III under the
General Services Office, shall be automatically abolished when the present occupant is no longer
qualified to the position, or will retire, resign or be terminated from the service.
SECTION 67. Preparation of Budget allocation. - The Budget Allocation and
Plantilla of Personnel of all Departments/Offices of the City Government of the Island Garden
City of Samal shall be provided/prepared in accordance with the approved organizational
structure and staffing pattern.
SECTION 68. Mandatory Review. - The Sangguniang Panlungsod shall undertake a
mandatory review of this Code at least once every five (5) years and as often as it may deem
necessary with the primary objective of providing a more responsive and accountable local
government structure.
TITLE III
BARANGAY AFFAIRS
CHAPTER 1: GUIDELINES IN ORGANIZATION OF PUROKS
GENERAL ATTRIBUTES OF PUROKS
SECTION 69. Organization of Puroks. - As a general rule, the organization of Puroks
shall be based on the expressed desire of the residents as to the necessity of organizing one.
Any person can be a member of a purok provided he/she is an actual resident and living
in the said Purok for at least six (6) months prior to his application for membership.
SECTION 70. Beginning of Corporate Existence. - When a new Purok is organized,
its existence shall commence upon the qualification of a Purok Leader and the majority of the
members of its Purok Council.
ROLE AND ORGANIZATION OF PUROKS
SECTION 71. Role of the Puroks. - The Purok serves as a forum in which the collective
views of the people in the community maybe crystallized and considered.
SECTION 72. Manner of Organization. - A Purok maybe organized, named and its
boundaries defined, altered or modified by an Ordinance of the Sangguniang Barangay duly
confirmed by the Sangguniang Panlungsod subject for ratification by a majority votes cast in a
Purok assembly to be conducted by the Barangay Council in coordination with the Sangguniang
Panlungsod Committee on Barangay Affairs to be held in the Purok or Puroks affected within
such period of time as may be determined by an Ordinance organizing the said Purok.
SECTION 73. Requisite for the Organization. - A Purok maybe organized within a
contiguous territory with a population of at least thirty (30) households, provided, the
organization thereof shall not reduce the population of the mother Purok to less than thirty (30)
households.
The territorial jurisdiction of the new Purok shall be properly determined and identified
by the residents subject to the approval of the Sangguniang Barangay thru an Ordinance or
resolution.
SECTION 74. Naming of Puroks. - The naming of the new Puroks shall be decided by
the majority of the Purok Members. In no case shall a new Purok be named after a living
person. The name of an existing Purok shall not be changed unless for a justifiable reason.
Renaming can only be done once every ten (10) years.

INTERGOVERNMENTAL RELATIONS
SECTION 75. Primary Jurisdiction. - The Punong Barangay shall have primary
responsibilities of general supervisions over the management of every Purok within its
jurisdiction to ensure that its acts are within the scope of its assigned function and
responsibilities.
SECTION 76. Purok Improvement: Recommendations. - The Purok Council may
submit to the Sangguniang Barangay, such suggestions or recommendations as it may see for the
improvement of the Purok.
PUROK OFFICIALS QUALIFICATION AND ELECTION
SECTION 77. Qualification to be qualified as candidate for the position of the
Purok Leader. - One must be a citizen of the Philippines; at least 18 years of age on election
day; a registered voter of the Purok, barangay, city where he proposes to be elected; a resident of
the Philippines for at least one (1) year and an actual resident of the Purok for at least six (6)
months at the time of filing of certificate of candidacy, and able to read and write English,
Filipino, or any local language or dialect.
SECTION 78. Purok Council Composition and Election. - There shall be a Purok
Council in every duly organized Purok in the barangay, which shall be the legislative body and
shall be composed of Purok Leaders and seven (7) Council Members to be elected by the
registered voters in the Purok.
The election of Purok council shall be administered by the District Kagawad with the
consent of the Punong Barangay. The result of the election shall immediately be submitted to
the Barangay Council and Sangguniang Panlungsod - Committee on Barangay Affairs for proper
information, confirmation and documentation.
SECTION 79. Term of Office. - The term of office of all elected Purok Officials shall
be two (2) years from the date of their assumptions of office following their election and shall be
qualified for re-election without term limit.
The election of Purok officials shall be within sixty (60) days after the assumption of
office of the newly elected barangay officials.
The elected Purok Officials shall assume office on the first Sunday of October at 12:00
o'clock noon, a month following their election and shall serve for a period of three (3) years until
their successors shall have been elected and qualified.
VACANCIES AND SUCCESSION
SECTION 80. Permanent Vacancy in the Office of the Purok Leader. - In case a
permanent vacancy arises when the Purok leader refuses to assume office, failed to qualify, dies
or removes from his office, voluntarily resigns or otherwise permanently incapacitated to
discharge the functions of his office, a member of the Purok Council who obtains the highest
number of votes shall exercise the function and responsibilities of a Purok Leader for a period
corresponding to the temporary incapacity of the Purok Leader on leave of absence.
SUSPENSION AND REMOVAL
SECTION 81. Suspension and Removal Grounds. - An elected Purok Official shall
be suspended or removed from office on any of the following grounds committed while in office:
A.
Disloyalty to the Republic of the Philippines;
B.
Culpable violation of the constitution;
C.
Dishonesty, oppression, misconduct in office and neglect of duty;
D.
Commission of any offense involving moral turpitude;
E.
Abuse of authority;
F.
Unauthorized absences for three (3) consecutive Purok Council Meetings;
SECTION 82. Form and Filing of Complaints. - The Sangguniang Barangay en banc
shall conduct a fact finding investigation and submit recommendation together with its finding of
the merit of the case to the Punong Barangay who shall decide whether to suspend or remove the
erring Purok officials.
SECTION 83. Reconsideration of Decision. - Administrative appeal from the decision
of suspension or removal shall be made within thirty (30) days from the date when the same was
received, to the Sangguniang Panlungsod. If no action is taken from the Sangguniang
Panlungsod within the same period of thirty (30) days from receipt thereof, the decision of the
Punong Barangay shall be deemed final and executory.
CHAPTER 2: SETTLEMENT OF PUROK BOUNDARY DISPUTE
SECTION 84. Purok Boundary Dispute. - Boundary dispute between Puroks within
the same barangay shall be heard and decided by the Sangguniang Barangay for the purpose of
affording the parties an opportunity to reach an amicable settlement. In case no settlement is
reached within sixty (60) days from the date the dispute was referred to the Sangguniang
Barangay, the latter shall render their decision.
PUROK OFFICIALS AND OFFICE IN GENERAL
SECTION 85. Purok Officials. - There shall be in each Purok a Purok Leader and
seven (7) as amended elective council members; a Purok Secretary and a Purok Treasurer.
Other positions or offices may be created as maybe deemed necessary to carry out the purpose of
the Purok.
The Sangguniang Barangay shall prescribe minimum standards and guidelines with
respect to the organizational structure, and other relevant operational aspects of the Purok
according to their needs.
THE PUROK LEADER
SECTION 86. Duties and Responsibilities. - The Purok Leader shall be the
chairperson of the Purok and shall exercise such duties and responsibilities as provided in the
Ordinance and other Laws.
A.
He/She shall assist in the enforcement of all laws and ordinances which are
operative within the Purok;
B.
He/She shall maintain public order in the Purok;
C.
He/She shall call and preside over the meetings of the Purok Council and the
Purok assembly, and vote to break a tie;
D.
He/She shall appoint or replace a Purok Secretary, Purok Treasurer and other
officers of the Purok, upon approval by a majority of the Members of the
Purok Council;
E.
He/She shall organize and head an emergency group whenever the same
maybe necessary for the maintenance of peace and order within the Purok;
F.
He/She shall look after the general welfare of the Purok;
G.
He/She shall perform such other duties and responsibilities as maybe provided
by law or ordinance.
H.
He/She will act as an ex-officio member of the Lupong Tagapamayapa,

Barangay Development Council, Barangay Peace and Order Council, and other
Barangay Based Institutions.
PUROK COUNCIL
SECTION 87. Composition. - The Purok Council shall be the policy making Body of
the Purok and shall compose of the Purok Leader as Presiding Officer and the seven (7) Purok
Council Members elected, as members.
SECTION 88. Duties and Responsibilities. - The Purok Council shall have the
following duties and responsibilities:
A.
Discharge the responsibilities conferred upon it by this code and such shall
promote health and safety, enhance the prosperity and general welfare, improve
the morale and maintain peace and order in the Purok and preserve the comfort
and convenience of the inhabitants therein.
B.
Provide voluntary help for the construction and maintenance of roads, bridges,
sidewalks, playgrounds and parks, school buildings, water systems, drainage,
irrigation sewerage and other public works, projects and facilities within the
Purok.
C.
Assist in the establishment, organization and promotion of cooperative enterprise

that will improve the economic condition and well-being of the Purok residents
and other activities which may promote the welfare of the Purok inhabitants.
D.
Organize regular lectures, programs and community assemblies to enlighten the

people of the physical, socio-cultural, moral, civic, political, educational and other
matters of public interest.
E.
Assist in the proper development and welfare of the children in the Purok and deal
with the problem of juvenile delinquency in consonance with the existing laws
and assist in establishing a non-formal education and training to adults and
out-of-school youth to enable them to acquire skills for industry and agriculture,
improve the literacy of those who cannot avail of the facilities of formal
education, prepare them for productive activities by developing their self-reliance,
proper attitude and behavior towards work and implement the non-formal policies
and programs of the Department of Education (DepEd).
SECTION 89. Duties of Purok Council Members. - It shall be the prime duty of the
Purok Council Members to attend every meeting of the Purok. In addition to their duties as
members of the Purok Council, they shall assist the Purok Leader in the discharge of his/her
duties, assist the peace officers in the maintenance of public order in their Purok, perform such
other duties as the Purok Leader may delegate or as may be provided by this Code.
APPOINTIVE PUROK OFFICIALS
SECTION 90. The Purok Secretary. - The Purok Leader shall appoint the Purok
Secretary who shall hold office at the pleasure of his/her office.
No person shall be appointed Purok Secretary unless he/she is a member of the Purok.
He/she shall:
A.
Keep custody of all records of the Purok Council and the Purok assembly
meetings;
B.
Prepare and keep the minutes of all meetings of the Purok council and the
Purok assembly;
C.
Prepare separate list of the members of the Purok and the registered voters
of the Purok assembly and have the same posted in conspicuous places
within the Purok;
D.
Register all new members of the Purok;
E.
Assist in the preparation of all necessary election forms and other

necessary papers for the conduct of Purok elections, references and
plebiscite in accordance with the Sangguniang Barangay;
F.
Keep the records of all inhabitants of the Purok containing the following
items of information: name, address, place and date of birth, sex
citizenship, occupation and such other items of information as maybe
deemed necessary; and
G.
Performed such other duties and functions as maybe described by this

Code.
SECTION 91. The Purok Treasurer. - The Purok Leader shall appoint the Purok
Treasurer with the concurrence of the Purok council members. No person shall be appointed
Purok Treasurer unless he/she is a member of the Purok. He/She shall:
A.
Act as custodian of funds, financial records and Purok properties;
B.
Receive and collect amounts accruing to the Purok and issue receipt
relative thereto; and
Perform such other duties and functions as may be prescribed by this
Code.
C.
PUROK ASSEMBLY
SECTION 92. Composition/Assembly A.
The Purok assembly shall be composed of all persons and/or households

who have been actual residents of the Purok for at least six (6) months,
fifteen (15) years of age or over, citizen of the Philippines and duly
registered in the list of Purok assembly members kept by the Purok
Secretary.
B.
The Purok assembly shall meet at least twice a year to hear and discuss the
semestral report of the Purok Council concerning its activities and
finances. The meeting shall be held upon the call of the Purok Leader or at
least one tenth of the members.
C.
No meeting of the Purok assembly shall take place unless notice is given
one week prior to the meeting except on matters involving public safety or
security in which case notice within a reasonable time shall be sufficient.
The Purok Leader or in his/her absence, the Purok Council Member acting
as Purok Leader, shall act as the Presiding Officer at all meetings or
assembly.
D.
The Purok Secretary or in his/her absence, any member may be designated

by the Presiding Officer to act as Secretary who shall discharge the duties
of the Secretary of the Purok Assembly.
E.
For the purpose of conducting business and taking official actions in the
Purok assembly, it is necessary that at least one fourth (1/4) of its
members be present to constitute a quorum. All actions shall require a
majority of those present voting at a meeting, there being a quorum.
SECTION 93. Purpose of Purok Assembly. - The Purok Assembly shall:

A.
Formulate consensus on important issues confronting the Purok.
B.
Hear the semestral report of the Purok Council concerning its activities
and finances.
SECTION 94. Entitlement to Purok Aids. The purok organizations shall be entitled to
purok aids, as may be determined by the Sangguniang Barangay, when the Sangguniang
Barangay so desires, and when the barangay fund is sufficient.
SECTION 95. Purok Foundation Day "Araw ng Purok". The purok organizations
may declare their own foundation day (Araw ng Purok) through a barangay ordinance duly
enacted by the barangay concerned, provided that the said day does not fall on any legal holiday.
SECTION 96. Assignment of a Barangay Health Worker and Civilian Volunteer
Organization. Every purok organization is entitled to have a Barangay Health Worker (BHW)
and a Civilian Volunteer Organization (CVO) assigned within their respective area of
jurisdiction. If no BHW or CVO is available, the Purok Leader may hire another BHW or CVO
from another purok or request Punong Barangay for BHW or CVO to be assigned in their area.
SECTION 97. Acceptance of Donations. Any individual who wish to avail for purok
clearance or other purok services may contribute or donate any amount to the Purok Treasurer.
Any amount collected shall accrue to the general funds of the purok.
CHAPTER 3: SETTING GUIDELINES FOR NAMING AND RENAMING OF ALL
CITY AND BARANGAY ROADS/STREETS, PUBLIC PLACES AND STRUCTURES
SECTION 98. Definition of Terms. - For purposes of better understanding, the
following terms used in this Code shall define as follows:
A.
Street - a pedestrian and vehicle thoroughfare within urban, sub urban and
rural area.
B.
Road - any concrete, asphalt or unpaved area for transportation purposes.
C.
Public Structure - a man made structure owned publicly by local or

national government.
D.
Public Place - any open or enclosed area purposely for public utilization
such as parks, markets and other places open for general public.
SECTION 99. Guidelines and Limitations. - Street naming shall be accorded to the
Local Government Code of 1991 which clearly states in Article 23 Rule IV that no name for
LGU's public places, streets/roads and structures with historical, cultural or ethnic significance
shall be changed unless by unanimous vote of the Sanggunian and in consultation with the
National Historical Institute (NHI). Naming shall be subject to the following conditions:
A.
Naming after a living person shall not be allowed;
B.
A change of name shall be made only for justifiable reasons;
C.
A change in name shall not be more than once every ten (10) years;
D.
The whole length of the street shall have only one (1) name per district;
E.
The name of a family in a particular community whose members

significantly contributed to the welfare of its community may be used;
F.
No public school or hospital under the local government unit can be

renamed without a local school board resolution, in the case of public
schools, or local health board resolution, in the case of hospitals clinics
and health center.
SECTION 100. Procedure. - City and Barangay roads, public places and structures
shall be named only by the Sangguniang Panlungsod with recommendation and justification thru
a resolution from the Barangay Unit concerned. However, if the Barangay fails to submit its
resolution, the Sangguniang Panlungsod may name the road or street, public places and
structures.
The Barangay Council shall submit a resolution recommending an appropriate street
names based on the specification stated below and shall be subject to the approval of the City
Council of the Island Garden City of Samal.
The Thirty One (31) coastal Barangay stated below shall use the names of aquamarine species.
1. 1.
Barangay Camudmud
2. Barangay Tambo
3. Barangay San Isidro, Babak
4. Barangay Libuak
5. Barangay Balet
6. Barangay Tagpopongan
7. Barangay Pichon
8. Barangay Villarica
9. Barangay Kinawitnon
10. Barangay Caliclic
11. Barangay Limao
12. Barangay Catagman
13. Barangay San Miguel
14. Barangay Peaplata
15. Barangay Cawag
16. Barangay San Jose
17. Barangay Aumbay
18. Barangay Tagbay
19. Barangay Aundanao
20. Barangay Adecor
21. Barangay Poblacion Kaputian
22. Barangay San Isidro, Kaputian
23. Barangay Libertad
24. Barangay San Remegio
25. Barangay Pangubatan
26. Barangay Kanaan
27. Barangay Tagbaobo
28. Barangay Cogon-Kaputian
29. Barangay Linosutan
30. Barangay Dadatan
31. Barangay Sta. Cruz
The remaining fifteen (15) barangays which stated below shall have a choice between animals
and plants as names of their streets.
1. Barangay Cogon-Babak
2. Barangay Toril
3. Barangay San Agustin
4. Barangay Mambago-B
5. Barangay Sto. Nio
6. Barangay San Antonio
7. Barangay Mambago-A
8. Barangay Tagdaliao
9. Barangay Licup
10. Barangay Tagbitan-ag
11. Barangay Guilon
12. Barangay Del Monte
13. Barangay Anonang

14. Barangay Bandera
15. Barangay Sion
The common names of the flora and fauna (terrestrial as well as marine species) shall be used.
Existing street names with significant historical value shall not be renamed.
SECTION 101. Technical Working Group. - A Technical Working group represented
by the City Engineering Office (CEO), City Mayor's Office (CMO), City Planning and
Development Office (CPDO), City Agriculture Office (CAO), Tourism Office, Department of
Interior and Local Government (DILG) and the Sangguniang Panlungsod Backstopping
Committee (SPBC) shall act as the technical consultants to extend direct technical assistance to
Barangay Government Units as the need arises during the process of the establishment of the
street naming.
SECTION 102. Funds Allocation. - The City Government shall allocate funds for the
placement of road and street names/signage's in every barangay within the Island Garden City of
Samal.
SECTION 103. Street Names of Barangay San Jose. - The streets of Barangay San
Jose shall have a choice between animals and plants as names of their streets.
NAME OF STREET
Bolinao Street
LOCATION
Purok 4 Sitio Pendaun
Octopus Street
Circumferential Road Upper

Purok 4 Pendaun
Lower Purok 4 Pendaun
Purok 4 to National High
School
Purok 1
Pendaun Street
White Squid Street
Aubangon Street
Tamban Street
Purok 2
Bilabid Street
Purok 2
Toba-Toba Street
Purok 3
Andres Guitan Street
Purok 5
Bantaun Street
Ligtong Street
Benoni Street
Purok 3 going to Brgy. Del

Monte
Purok 6
Purok 7
JUSTIFICATION
Old fish landing for Bolinao
fish (bolinawan)
New
Huge native tree Sama dialect
New
Fresh water shrimp Sama
dialect
Old fish landing for
mananamban (fishermen for
Tamban fish)
Known for white sand area
Sama dialect
Known for Toba-toba plant
area
Donated by Mr. Andres Guitan
(deceased)
Old native tree Sama dialect
Sama word for cove
Sama dialect
SECTION 104. Street Names of Barangay Del Monte. - The streets of Barangay Del
Monte shall have a choice between animals and plants as names of their streets.
NAME OF STREET LOCATION
Kwahaw Street
Purok 4 to Sitio Barangay
Tikling Street
Purok 3 corner National
Highway to San Jose
Tamsi Street
Highway to Brgy. Tagbay
Maya Street
Purok 1B corner National
Highway to Brgy. Aumbay
Pikoy Street
Highway to Purok 3 and 4
Siloy Street
Purok 1 to Brgy. Hall Area
Sal-ing Street
Highway to Sitio Barangay
Tabon Street
Purok corner National Highway
to Brgy. Aumbay
Kalaw Street
Purok 1A corner National
Highway to Tamsi Street
Banog Street
Highway to Brgy. Aumbay
Kwago Street
Highway to Sitio Benone, San
Jose
Teofila Montejo
Purok 3, Del Monte
Barangay Park
JUSTIFICATION
Lot Donor
SECTION 105. Street Names of Barangay Cogon, Babak District. - The streets of
Barangay Cogon, Babak District shall have a choice between animals and plants as names of
their streets.
NAME OF STREET
San Francisco St.
Doranta St.
Kalipay St.
Fortune St.
Sampaguita A St.
Sampaguita B St.
LOCATION
Corner Kalipay st. to Purok 7
From city road (going to Brgy. Toril)
to Corner Kalipay st.
From corner Doranta st. to Purok 6
(Tuguak, Libuak)
From Doranta st. to Purok 8
From city road to Sampaguita D (Mid
Section) Purok 1
From city road to corner of
Sampaguita D st. (south bound)
Purok 1
JUSTIFICATION
Sampaguita C St.
Sampaguita D St.
Sampaguita E St.
Julius Romero Alley
GK Relocation
Nicolas Cano Alley
Serapio Bustillos Alley
Caballero Alley
Refugio Alley
Santan A St.
Santan B St.
Santan C St.
Damag Alley
Bastasa Alley
Dalagang Bukid St.
Sabrina Bungcalas
Alley
Bening Bungcalas
Alley
Juan Bastasa Alley
Florentino Cortez Alley
Bombil St.
Orchid St.
From city road to corner of

Sampaguita D st. (north bound) Purok
1
From corner of Sampaguita B to
corner of Sampaguita C - Purok 1
From Samapaguita C to Sampaguita
From Fortune st. to Romero Property
From Fortune st. to Gawad Kalinga
Relocation Site
From Caballero heading northbound
(Nicolas Cano Property
From Caballero st. heading northwest
bound
Form city road (going to Brgy. San
Isidro) heading west bound
connecting to Santan C st.
Form city road (going to Brgy. San
Isidro) to Refogio property
From city road (going to Brgy. Balet)
to corner of Santan Bst.
From corner of Santan A st. to Santan
C st. (to Upper Tambo)
From city road (going to Brgy. Cogon
proper) to Caballero st. (to Upper
Tambo)
From Dalagang Bukid st. to Damag
property
From Dalagang Bukid to Bastasa
Property
Proper) to Lower Tambo
Proper) to Dalagang Bukid st. (pass
through S.Bungcalas property)
Proper) to Dalagang Bukid st. (pass
through B.Bungcalas property)
Proper) to Juan Bastasa property
Proper) to F. Cortez property
Proper) to Purok 5
Proper) to Samal Memorial Site

Owner of the donated street



Waling Waling St.

Vanda St.
From Orchid st. 1 to Orchid 3 st.

From city road (going to Brgy. Cogon City Ordinance No. 2011-178
Proper) to Samal Memorial Site
SECTION 106. Street Names of Barangay Aumbay. - The streets of Barangay

Aumbay shall use the names of aquamarine species. Furthermore, some terrestrial species were
utilized due its historical significance.
NAME OF STREET
Bolinao Street
Carpa Street
Hito Street
Matambaka Street
Tilapia Street
Lapu-Lapu Street
LOCATION
From corner Hito St. to
boundary of Barangay Del
Monte
From corner Hito St. to Purok
1-A/going to Anonang
From City Road to corner
Tilapia St./Purok 7
From City Road to Purok 5
From City Road to corner
Hito St./Purok 7
From City Road to Purok 4
JUSTIFICATION
City Ordinance No.2011-178

SECTION 107. Street Names of Barangay San Isidro, Babak District. - The streets
of Barangay Aumbay shall use the names of aquamarine species.
NAME OF STREET
Bombil Street
Rosal Street
Rosas Street
Flordeliz Street
Santan Street
Gumamela Street
Bakhaw Alley
Sea Grass Street
Lerio Street
LOCATION
JUSTIFICATION
Welcome Arc Purok 2
going to San Isidro Chapel
Hon. Federico E.
Guadalquiver Area
Barangay Hall Area
Purok 10 going to Crush
Site and Purok 6
Hon. Rande M.
Tambilawan going to San
Isidro Elem. School
Waiting Shade Paa's going City Ordinance No. 2011-178
to Motor terminal
Motor Terminal going to
Mangrovetum Area
Purok 9 going to Purok 4
Dasag Area
Purok 5 going to Ilihan
Purok 8
Aninikad Street
San Francisco Street
From Purok 3 (Sitio

Pangpang) to
Circumferential Road
From Corner Santan st.
Going to Cogon
TITLE IV
CHILD WELFARE
CHAPTER 1: OBSERVANCE OF CURFEW HOURS FOR MINORS
SECTION 108. Definitions of terms. Curfew Hours - refers to a specific time restricted for minors to go outside their
houses, dormitories and boarding houses.
SECTION 109. Curfew Hours. - it is unlawful to all minors of ages below
eighteen(18) years old to stay outside their houses, dormitories and boarding houses in the Island
Garden City of Samal after 11:00 o'clock in the evening up to 4:00 o'clock in the morning.
SECTION 110. Exemptions. - Minors are exempted from this Code under the
following circumstances:
A.
when accompanied by their parents/guardian.
B.
when attending mass services of their respective religion, funeral wake.
C.
when attending program/activities in school or activities of any

educational institutions, trainings, sportsfest.
D.
when attending meetings provided that they have a written notice of the
meeting or clearance from their guardian/parent.
E.
when there's an accident/emergency.
F.
when there are fiestas, holiday seasons and other related special occasions
that they are accompanied by adults.
G.
students who are attending night classes or sessions.
SECTION 111. Penalty Clause. - The penalties for the violation of this Code are as
follows:
A.
First Offense - they shall be brought to their respective houses/dormitories
and if ever they are hesitant to go home they shall be kept for custody for
safekeeping purposes not more than six hours (6) hours to the Barangay
Halls or Police Stations.
B.
For subsequent offense, the minor shall be referred to the City Social
Welfare and Development Office for proper counseling and formation.
SECTION 112. Implementing Agencies. - The Philippine National Police (PNP) or

Punong Barangays of respective barangay shall take charge of the implementation of this
ordinance.
CHAPTER 2: TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS
SECTION 113. Title. - Recognizing the Child's rights to survival, development,
protection, security and participation and providing for a Comprehensive Children and Family
Support System in the Island Garden City of Samal".
SECTION 114. Declaration of Policy and Principles - It shall be the policy of the
local government of the Island Garden City of Samal to ensure that the programs aimed at the
achievement of goals for the survival, development, protection security and participation of
children must be given the priority when resources are allocated. Every effort shall be made by
the local government of the Island Garden City of Samal to ensure that such programs are
protected in times of economic austerity and structural adjustments.
SECTION 115. Definition of Terms.
A.
"Children" refers to persons below eighteen (18) years of age or those over
but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
B.
"Survival Rights" deal with the provision in relation to parental and

governmental duties and liabilities, adequate living standard and access to
basic health and health services and social security.
C.
"Development Rights" pertain to the access of a child to educational

opportunities, access to relevant information, play leisure, cultural
activities and the right to freedom of thought, conscience and religion.
D.
"Protection Rights" cover those which guard children against all forms of
child abuse, exploitation and discrimination in the major areas where a
child is considered in an extremely difficult circumstance.
E.
"Participation Rights" include the child's freedom to express oneself in

matters affecting his/her life as part of preparation for responsible
parenthood and to freedom of association.
F.
"Child abuse" refers to the maltreatment of the child, whether habitual or

not, which includes any of the following:
G.
1.
Psychological and physical abuse, neglect, cruelty, sexual abuse

and emotional maltreatment;
2.
Any act by deeds or words which debases, degrades or demeans

the intrinsic worth and dignity of a child as a human being;
3.
Unreasonable deprivation of his basic needs for survival, such as

food and shelter; or
4.
Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his growth and development or
in his permanent incapacity or death.
Circumstances which gravely threaten or endanger the survival and

normal development of children" include, but are not limited to, the
following:
1.
Being in a community where there is armed conflict or being

affected by armed conflict-related activities;
2.
Working under conditions hazardous to life, safety and normal

which unduly interfere with their normal development or working
without provision for their education;
3.
Living in or providing or warding for themselves in the streets of

urban or rural areas without the care of parents or a guardian or
any adult supervision needed for their welfare;
H.
4.
Being a member of a indigenous cultural community and/or living

under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;
5.
Being with family members of guardians having psychological

problems grave enough for them to commit sexual siblings, rape,
lascivious acts and other forms of physical and mental abuse;
6.
Being a victim of a man-made or natural disaster or calamity;
7.
Being a victim of an illegal transnational union or child trafficking
8.
Circumstances analogous to those above-stated which endanger the

life, safety or normal development of children.
"Comprehensive program against child abuse, exploitation and

discrimination" refers to the coordinated program of services and facilities
to protected children against:
1.
Child Prostitution and other sexual abuse;
2.
Child trafficking;
3.
Obscene publications and indecent shows;
4.
Other acts of abuse;
5.
Circumstances which threaten or endanger the survival and normal
development of children or as prescribed in the UN Convention on

the Rights of the Child.
I.
"Comprehensive Support System for the Development of Children" also

refers to the coordinated program of services and facilities outlined in Sec.
3 of RA 6972 and as prescribed by the UN Convention on the Rights of
the Child.
J.
"Junk Foods" are foodstuffs which are processed with artificial flavors,
coloring and preservatives and which have been found to contain
carcinogenic elements harmful for the body or those sold beyond their
expiry period.
K.
"Anti-Social Related Activities" are those acts against property, chastity

and person which include but not limited to the following:
L.
1.
Petty crimes such as snatching, shoplifting and misrepresentation;
2.
Using and pushing prohibited drugs, selling illegal or lewd reading

materials;
3.
Pimping for young and old prostitutes and sexual perversions

doing or participating in obscene shows;
4.
Gambling of any form;
5.
Rape and incest; and
6.
Any other circumstances as defined in the existing laws.
"Benefit Dance" refers to a dance in the locality where young girls and
boys in the process are being commoditized for fund raising purpose.
M.
"Differently - Abled Children" refers to children with special needs.
SURVIVAL AND DEVELOPMENT RIGHTS OF CHILDREN

SECTION 116. Under Six (6) years old Program Framework. - The local
government of the Island Garden City of Samal shall ensure to the maximum extent possible the
survival and development of the child. The program on survival and development shall include
the following:
A.
Monitoring of registration of births and the completion of the

immunization series for prevention of tuberculosis, diphtheria, pertusis,
tetanus, measles, polio myelitis and such other diseases for which vaccines
have been developed for administration to children up to six (6) years of
age;
B.
Growth and nutritional monitoring with nutritional feeding and

supervision of nutritional intake at home;
C.
Care for children of working parents during the day and, where feasible,
care for children up to six (6) years of age of parents are working at night;
Provided, the day care need not to take care of the children in a particular
place but shall develop network of homes where adults may take care of
the children up to six (6) years of age of working parents during work
hours, with adequate supervision from the Supervising Social Welfare
Officer of the Island Garden City of Samal; Provided, further, that where
young children are left to the care of a paid domestic, an elderly relative or
older children without adequate and competent adult supervision until the
children's care meets adequate standards whereby the children under their
care will develop normally as healthy, happy and loved children, even in
the absence of their parents during working hours;
D.
Material and network of surrogate parents who will provide intellectual

and mental stimulation to the children, as well as supervised wholesome
recreation, with a balanced program of supervised play, mental stimulation
activities, and group activities with peers;
E.
A sanctuary for abused, neglected or exploited children either in one child

institution and or a network of sanctuary-homes which will take in
children in urgent need of protection due to a situation which endangers

the child or which has exposed the child to cruelty and abuse: Provided,
that the center, with the help and support of the barangay level support
systems, may call upon law enforcement agencies when the child needs to
be rescued from an unbearable home situation;
F.
A Reproductive Health Care Center for pregnant mothers for prenatal and
neonatal care and, in the proper case for delivery of the infant under
conditions which will remove or minimize risk to mother and child:
Provided, That high risk mothers shall be referred to the proper tertiary or
secondary care service personnel and children who are at risk from any
conditions or illness will be brought for care. Provided, further, that
"hilots" and barangay health workers are provided the needed basic
training for normal delivery and are trained to recognize high-risk
pregnancies which should be referred to competent obstetrical and
pediatric medical care for mother and child who are at risk;
G.
A barangay level network of assistance from among the adults of the

barangay for the total development and protection of children;
H.
Unstructured combined with structured learning exercise for children

under the early childhood education shall be instituted in the children
centers or day care centers respecting the participation right of the child;
I.
A pool of trained day care or child development workers with an upgraded

salary scheme commensurate to the tasks assigned.
SECTION 117. Child Care Program. A.
Early Childhood Care and Development Program. The Local

Government of the Island Garden City of Samal shall initiate for the care
of 0-6 years old children through the Early Childhood Care and
Development Program and that supervision of 0-2 years old is a daily
8-hours program, if needed, shall be initiated in every day care centers.
B.
Population Based-Day Care Center Setting Up. The day care centers
shall be set up in every barangay. The number of such centers shall
depend on the population level of the children and how depressed the
barangay as may be determined by the City Social Welfare and
Development Office of the Island Garden City of Samal. Parents Program
shall form part of this early childhood education.

C.
Promotion of Primary Health Care Program. The Barangay Health

Stations shall implement the primary health program. Each barangay
health stations shall have a Rural Health Midwife task to monitor child
health in barangay level with a salary commensurate to the task assigned.
To further ensure the implementation of Section 131.C of this Code, the
local government of the Island Garden City of Samal in particular shall
take appropriate measures:
1. To combat disease and malnutrition within framework of primary health
care, through the application of readily available technology and through
the provision of adequate nutritious food and clean drinking water, taking
into consideration the dangers and risks of environmental pollution.
2. To establish a comprehensive Parents Orientation Development Program
which include course on reproductive health, child health and child rearing
practices in the context of the Filipino psychology.
3. To monitor the full implementation of the Milk Code of the Philippines
and advocate for the prosecution of milk firms which violate the code.
4. To conduct massive information and education on breast feeding, utilizing
existing reference materials for effective breast feeding education
program. And that such students in all levels are required to take up
breast feeding course which shall be an integral part of all curricula.
SECTION 118. Comprehensive Training Course on Child Health. All health

practitioners dealing with child health in government, NGO or private institutions shall be
required to complete a Comprehensive Training Course on Child Health. No one shall practice
his training profession without the update Certificate of Completion of this training course which
shall be designed by the rules and regulations of this Code.
Violation of this provision constitutes a penalty of cancellation of license to practice
profession.
SECTION 119. Child Friendly Hospital in the Island Garden City of Samal. All
hospitals in the Island Garden City of Samal shall set-up child-friendly units to include rooming
facilities and pediatric-appropriate mechanics and gadgets.
SECTION 120. Creation of Children's Hospital. The local government of Island
Garden City of Samal shall establish a special hospital for children accessible to and affordable
for the poor families. It shall ensure pediatric assistance and facilities for the treatment of
illness and physical rehabilitation. Such protective and developmental placement shall be
evaluated regularly by a competent team composed of multi-disciplinal professionals. This
multi-disciplinal special hospital shall not however, assume the function of the primary health
care available at the barangay level. The Island Garden City of Samal Pediatric Society shall be
involved in the final promulgation of program of the Children's Hospital under the Task Force on
Child Health which shall be formed by the City Health Office within one (1) year of the
effectivity of this Code.
SECTION 121. Survey and active program for differently-abled children. The
Local Government of the Island Garden City of Samal shall make a periodic comprehensive
survey on the differently-abled children in the City which should be Child-focused and specific.
It is basic to achieve a more systematic coordination of services (health, nutrition and education)
for children with special needs.
SECTION 122. Investment in educators and health professional training program
for Special Program with differently-abled children. Training program for educators and
health professional handling differently-abled children shall form part of the priority of the local
government of Island Garden City of Samal.
SECTION 123. Barangay Level Recreational Cultural Facilities and Program. A
barangay level program for the revival of indigenous games reflective of the cultural diversity in
the Island Garden City of Samal shall be installed. The Local Government of Island Garden
City of Samal shall allocate space for recreation and provide recreational facilities appropriate
for children's age group and gender shall be designed with due respect to cultural diversity.
SECTION 124. Local Children's Literature. In support to the socio-cultural of
children in the Island Garden City of Samal, the Local Government of Island Garden City of
Samal shall invest in the production of local or other relevant materials for children.
SECTION 125. Parenting Orientation Courses. Marriage License applicants shall
be required to participate to a Parenting Orientation Course among other requirements, prior to
the issuance of marriage license by the Civil Registrar. This course becomes and integral part of
existing Family Planning Seminar or Reproductive Health Course Pre-Marriage Counseling.
The Local Government of the Island Garden City of Samal thru the City Social Welfare and
Development Office, in close coordination with the City Health Office and the City Civil
Registrar Office, shall update the family planning seminar in recognizance of this Code.
Implementing guidelines for this Code shall be formulated by the City Social Welfare
and Development Office in close coordination with the Office of the Civil Registrar.
Modules for these courses shall be designed by the City Social Services and
Development Office of Island Garden City of Samal, in close coordination with NGO
child-focused programs.
PROTECTION AND SECURITY RIGHTS OF CHILDREN
SECTION 126. Protection on Child Abuse, Exploitation and Discrimination.
There shall be a comprehensive program to be formulated by the Island Garden City of Samal
Social Welfare and Development Office and the City Council for the Protection of Children of
the Island Garden City of Samal, in coordination with City Social Welfare and Development
Office, other government agencies, and the private sector concerned with one (1) year from the
effectivity of this Code, to protect children against child prostitution and other form of sexual
abuse, child trafficking, obscene publications and indecent shows and other acts of abuse and
circumstances which endanger child survival and normal development.
SECTION 127. Child Prostitution and other forms of sexual abuse. Children
whether male or female, who for money, profit or any consideration or due to the coercion or
influence of any adult, syndicate or groups, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other form of sexual abuse.
The penalty as prescribed in Section 5 of Republic Act No. 7610 <../Codified
Ordinance/Annex/Republic Act No 7610.doc> (Please see Annex "A") shall be imposed upon
the following:
A.
B.
Those who engage in or promote, facilitate or induce child prostitution which

include, but not limited to the following:
1.
Acting as a procurer of a child prostitute by means of written or oral

advertisements or other similar means;
2.
Inducing a person to be a child prostitute by means of written or

oral advertisements or other similar means;
3.
Entering into a relationship with, or taking advantage of a child

prostitute;
4.
Threatening or using violence towards a child to engage him/her as

a prostitute or participant in indecent shows;
5.
Giving monetary consideration, goods or other pecuniary benefit to

a child with the intent to engage such child in prostitution.
Those other persons who commit the act as stated in the Article II of
Republic Act No. 7610 shall be penalized accordingly as prescribed in the
same.
SECTION 128. Obscene publications and indecent shows. Any person who shall
hire, employ, use, persuade or coerce a child to perform in obscene exhibitions and indecent
shows, whether live or in video, pose or model in obscene publications or pornographic materials
or to sell or distribute the said materials shall suffer the penalty as prescribed under Section 9 of
RA 7610.
SECTION 129. Sanctions for establishments or enterprises which promote,
facilitate or conduct activities constituting child prostitution and other forms of sexual
abuse, child trafficking, obscene publications and indecent shows and other acts of abuse.
All establishments or enterprises which promote or facilitate child prostitution and other forms of
sexual abuse, child trafficking, obscene publications and indecent shows, and other forms of
abuse shall be immediately closed and their authority or license to operate be cancelled, without
prejudice to the owner or manager thereof being prosecuted under this Code. A sign with words
"CHILD RIGHTS VIOLATOR" shall be conspicuously displayed outside the establishments or
enterprises by the City Social Welfare and Development of the Island Garden City of Samal for
such period as the special office shall determine.
SECTION 130. Child Trafficking. Any person who shall engage in trading and
dealing with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty as prescribed in Article
IV of the Republic Act No. 7610.
SECTION 131. Attempt to Commit Child Trafficking. There is an attempt to
commit child trafficking under Section 130 of this Code, when the following exists:
A.
When a pregnant mother, father or guardian executes an affidavit of

consent for adoption for a registration of the birth of such child in the
name of another with or without consideration;
B.
When a person, agency, establishment or child-caring institution recruits

women or couples to bear children for the purpose of child trafficking;
C.
When a doctor, hospital or clinic official or employee, nurse, midwife,

local registry personnel or any person simulates birth for the purpose of
child trafficking;
D.
When a person engages in the act of finding children among low-income

families, hospitals, clinics, nurseries, day-care centers or other child caring
institutions who can be offered for the purpose of child trafficking; or
E.
When any person, authority, agency or institution who are witness to and
fails to report transactions related to circumstances in child trafficking.
A penalty prescribed in Article IV of Republic Act No. 7610 shall be imposed upon the
principal of the attempt to commit child trafficking under this Code. In addition, a one-month
community service shall be imposed for the commission and omission of acts under this section.
Such service shall be defined by the Social Development Cluster of the City Development
Council.
SECTION 132.
Other Acts and/or conditions prejudicial to the Child's
Development. It shall be unlawful for any person to sell liquor, cigarette, illegal drugs and
other items to children detrimental to the development of the Child.
For the purpose of this Code, the penalty for the commission of such act as prescribed in
Article VI of Republic Act 7610 shall be imposed. The victim of the act committed under this
section shall be entrusted to the care of the City Social Welfare and Development Office.
SECTION 133. Children involved in Anti-Social related activities. Children who
are involved in anti-social or related activities shall be registered in rehabilitation program that
shall assist the children to rebuild themselves and reintegrate in the mainstream of society.
A.
Monitoring of suspended cases of children and appropriate assistance.

Application for suspension of sentences of children involved in anti-social
activities shall be done by the City Social Welfare and Development
Office. A special team from such office shall monitor closely the case
involving children in court to adequately enforce the suspension of
sentences. Appropriate and responsive rehabilitation program shall be
afforded to them under the care of the City Social Welfare and
Development Office. The framework of assistance shall be designed by
the City Social Welfare and Development Office in close coordination
with the NGOs and professionals with special interest on rehabilitation.
B.
Appointment of Women and Children Youth Desk Officer and Police

Procedures. Each Police Station in the Island Garden City of Samal
shall have Women and Children's Desk Relation Officer tasked to handle
cases involving children. Child-friendly police procedures shall be
implemented as contained in the Police Handbook on the Management of
Cases of children Especially Difficult Circumstances. Each PNP element
shall be provided a copy of the said handbook.
C.
Special course for PNP members. A special course for members of the
Philippine National Police shall be designed to handle effectively the
children involved in anti-social activities. All police officers shall take up
the course especially those whore interested to be assigned in the Women
and Children Section and other Women and Children's desk Offices in
each PNP Stations/Precincts or detachments.
The course shall be designed and provided by the City Social Welfare and
Development Office in close coordination with the PNP child Protection
Team per police manual and NGOs and professional organizations
focused on child and youth programs.
D.
Police Brutality. Any brutality committed against children by police

authorities shall be subjected to penalty under this Code as determined by
the People's Law Enforcement Board (PLEB) without prejudice to
provisions of the Revised Penal Code.
SECTION 134. Employment of Children. Children as defined in this Code shall not
be employed. Provided, that:
A.
The minimum requirements as stated in Section 12 of Republic Act 7610

shall be present; and
B.
The employers shall register the child to the City Social Welfare and
Development Office to enjoy benefits and other special protection as may
be provided for by the said special office tasked to formulate rules and
regulations.
The City Social Welfare and Development Office of the Island Garden City shall
promulgate rules and regulations necessary for the effective implementation of this section.
A.
Prohibition on the Employment of Children in Certain Advertisements.

No person shall employ child to model in all forms of commercial or
advertisements promoting alcoholic beverages, intoxicating drinks,
tobacco and its by products, junk foods and violence.
B.
Penalties. Any person who shall violate any provision of this Section
shall suffer penalty as prescribed in Section 16 of the Republic Act No.
7610.
SECTION 135. Specialized Team of Educators for Muslims and other Indigenous
People's Children. In addition to the rights guaranteed to indigenous and Muslim children
under RA 7610 and other existing laws, the Department of Education Division Office of the
Island Garden City of Samal shall create a team of special educators to look into the
appropriateness of curriculum for indigenous and Muslims Children in the Island Garden City of
Samal and to design training for teachers assigned to their communities which is culture-specific
and relevant to the needs and existing situation of their communities.
A.)
Creation of Muslim and Indigenous People's Council. A council for

Muslims and Indigenous communities in the Island Garden City of Samal
shall be created to facilitate planning, decision making, implementation,
and evaluation of all government programs affecting children of
indigenous and Muslim peoples. NGOs focused on these communities
shall also be recognized, respected and represented to the Council.
SECTION 136. Children as social indicators of Local Condition. Children are

hereby declared as Social Indicators of Local Condition. It shall be the responsibility of the
Local Government of the Island Garden City of Samal and all other sectors concerned to resolve
armed conflicts in order to idealize the UN Convention of the Right of the Child.
SECTION 137.
Respect for the International Covenants Relevant to
Armed-conflicts. The Local Government of the Island Garden City of Samal undertakes to
respect and ensure respect for rules of international humanitarian law applicable to Philippine
political armed-conflict which are relevant to the child. Specifically the following policies shall
be observed:
A.
Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture
or other cruel, inhumane or degrading treatment;
B.
Children shall not be recruited to become members of the Armed Forces

of the Philippines or its civilian units or other armed groups, nor be
allowed to take part in the fighting, or used as guides, or couriers, or spies,
or shields;
C.
Delivery of basic social services such as education, primary health and

emergency relief-services shall be kept unhampered;
D.
The safety and protection of those who provide services including those
involved in fact-finding missions from both government and
non-government institutions shall be ensured. The shall not be subjected

to undue harassment in the performance of their work;
E.
Public infrastructure such as schools and hospitals and Rural Health Units
of Barangay Health Stations shall not be utilized for military purposes
such as command post, barracks, detachments and supply depots; and
F.
All appropriate steps shall be taken to facilitate the reunion of families

separated due to armed conflict.
SECTION 138. Evacuation of Children during armed conflicts. - Children shall be

given priority during evacuations as a result of armed conflict. Existing people's organizations
shall be tapped to look after the safety and well-being of children evacuation operations.
Measures shall be taken to ensure that children evacuated are accompanied by persons
responsible for their safety and well-being.
SECTION 139. Family Life and Temporary Shelter. Whenever possible members
of the same family shall be housed in the same premises and given separate accommodation
from other evacuees and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall be given additional food in
proportion to their psychological needs.
Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
SECTION 140. Children and Psycho-Social Program. It is important for the

children and their families that they shall be part of a psycho-social program. The Island
Garden City of Samal City Social Welfare and Development Office shall design a
comprehensive psycho-social program for both children and their families affected by the
armed-conflict.
SECTION 141. Rights of Children Arrested for reasons related to Armed Conflict.
Any child who has been arrested for reasons related to armed conflict, either as combatant,
courier, guide or spy be entitled to the following rights:
A.
Separate detention from adults except where families are accommodated as family
rights;
B.
Immediate free legal assistance;
C.
Immediate notice of such arrest to the parents or guardian of the child; and
D.
Release of the child on recognizance within twenty-four (24) hours to the custody
of the City Social Welfare and Development Office or any responsible member of
the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that
the aforesaid child has committed the acts charged against him/her, the court shall
determine the imposable penalty, including any civil liability chargeable against
him/her. However, instead of pronouncing judgment or conviction, the court
shall suspend all further proceedings and shall commit such child to the custody
or care of the City Social Welfare and Development Office or to any other
responsible person, until he/she has reached eighteen (18) years of age, or, for a
shorter period as the court may deem proper, after considering the reports and
recommendations of the City Social Welfare and Development Office or the
agency or responsible individual under whose care he/she has been committed.
The aforesaid child shall be subjected to visitation and supervision by a
representation of the City Social Welfare and Development Office or any
duly-licensed agency such other officer as the court may designate to such
conditions as it may prescribe.
SECTION 142. Monitoring and Reporting of children in situations of Armed

Conflict. The chairperson or any designated official of the barangay affected by the armed
conflict shall submit the names of children residing in said barangay to the City Social Welfare
and Development Officer within twenty four (24) hours from the occurrence of the armed
conflict.
SECTION 143. Selective Ban on Benefit Dance in the Barangays. Barangay level
fund-raising activities shall not include "Benefit Dance" as defined in this Code.
Culturally relevant activities shall be promoted instead of promoting young women as
commodities during "benefit dance". A penalty shall be imposed to the organizers of the benefit
dance by the City Court accordingly for violation of this provision.
SECTION 144. Curfew on Minors. For the protection of children below 18 years of
age, they shall be prohibited from loitering around sleeping in public places after 11 o'clock in
the evening until 4 o'clock in the morning of the following day unless they are in company with
their parents or guardians, as stated in Section 109 of this Code.
A penalty equivalent to a whole day seminar on duties and responsibilities of children and
parents shall be imposed to the parents or guardians of the violators of this provision 15-day
community service as determined by the local courts shall be imposed as penalty for second-time
offenders.
SECTION 145. Monitoring and Reporting of Children on Vagrancy. When a child
below 18 years old travels alone to and from Island Garden City of Samal without valid reason
therefore and without clearance issued by the City Social Welfare and Development Office or
written permit or justification from the Child's parent or legal guardians; he shall be brought and
reported to the City Social Welfare and Development Office for custody and monitoring.
PARTICIPATION RIGHTS OF CHILDREN
SECTION 146. Participation of Children in Decision-Making Processes. The
children in the family, school, community or other organization or institution shall be heard.
Each child, regardless of sex, age or tribe, has the right to express his or her opinion freely and to
have that opinion taken into account in any manner or procedure affecting the child. It shall be
the responsibility of the adults to provide opportunities for children to express his/her views,
obtain information, make ideas or information known, regardless of tribe, religion, age and sex.
SECTION 147. Installation of Mechanism for Participation in Policy and Program
Formulation in the Local Government. It is important to consult and provide venue for the
expression of views relevant to Island Garden City of Samal Government Policies. It is
therefore proper that seven to twelve (7-12) years old and the thirteen to eighteen (13-18) years
old are convened through their representatives in a once a year basis, specifically during the
children's congress shall be part of the process in both preparation and evaluation of the
congress. Detailed implementing rules and guidelines shall be drafted by the Sangguniang
Kabataan Secretariat in coordination with the City Social Welfare and Development Office.
IMPLEMENTING OFFICE
SECTION 148. Creation of the Implementing Office. - The City Social Welfare and
Development Office of the Island Garden City of Samal shall be the special coordinating and
implementing arm of the Local Government of the Island Garden City of Samal to focus on
children's specific programs and projects. It shall file complaints on case of unlawful acts
committed against children in the most expeditious process.
SECTION 149. Role of the City Council for the Protection of Children (CCPC).
The City Council for the Protection of Children shall become the Consultative-Assembly of the
City Social Welfare and Development Office for its periodic planning and programming,
assessment and evaluation. It shall act as regulatory Body for the operations of all existing
programs and projects designed for children. It shall be involved in all the processes related to
the refinement of the implementing rules and guidelines of this Code.
TITLE V
CITATION TICKET FOR SOLID WASTE MANAGEMENT
CHAPTER 1: ISSUANCE OF A CITATION
SECTION 150. Definition of Terms. A.
Citation Ticket - a slip of paper containing a notice citing any violation of

city solid waste management ordinances with corresponding fine issued by
the apprehending officer.
B.
Apprehending Officer (AOF) - is a person authorized by law to

apprehend violators of any laws and ordinances.
C.
Deputized Apprehending Officer (DAOF) - is a person deputized and/or

authorized by the City Solid Waste Management Board thru its
Chairperson and Local Chief Executive to perform Apprehending
Officer's functions to effect all Solid Waste Management - related
Ordinances.
D.
CENRO - refers to the City Environment and Natural Resources Office.
E.
Violator - any person or entity who violate or break any law or ordinance.
F.
Community Service - refers to the number of hours of service rendered to

the community.
SECTION 151. Violators to any of the City Solid Waste Management. - related
ordinance shall be fined of not more than Two Hundred Fifty Pesos (P250.00) and/or do
community service for the first offense, not more than Five Hundred Pesos (P500.00) and/or
community service for the second offense, not more than One Thousand Five Hundred Pesos
(P1,500.00) and community service for the third offense.
Violator who committed more than three offenses with at least one (1) unsettled fine
and/or do community service or both shall be considered habitual offender. A case shall be filed
in the appropriate Court and may be fined, imprisoned or both at the discretion of the court. For
this purpose community services shall be determined by the City Environment and Natural
Resources Office (CENRO) pursuant to the laws, ordinance, rules and regulation of the city
government.
SECTION 152. Issuance of Citation Ticket. - There shall be issued a Citation Ticket
(Administrative Fine) to violators to effect any of the existing City Solid Waste Management
Ordinance such as:
A.
Not practicing segregation of waste as specified in Section 177 of this

Code;
B.
Putting of garbage receptacles in public visibility, such as but not limited

to hanging in the household walls, household fence, hanging in the trees
and putting receptacles in the streets and in the household front yards;
C.
Placing garbage container/receptacle without tight covering as stated in

section 177 of this Code;
D.
Indiscriminate disposal of some personal little wastes as stipulated in

Section 162 of this Code;
E.
Relieving of personal human discomforts (spitting, urinating and

defecating) in public places as stated in Section 169 of this Code;
F.
Throwing wastes in places as referred to in Section 162 of this Code
G.
Throwing wastes in open public spaces other than the designated and/or
allowable places identified by the city government.
SECTION 153. Citation Ticket. - Fines and penalties stipulated in the Citation Ticket
(CT) shall be paid to the City Treasurer's Office (CTO) within five (5) working days beginning
immediately from the day the Citation Ticket (CT) is being issued. Upon payment an Official
Receipt (OR) shall be issued to violator. Failure to comply within the prescribed period, the
violator shall be subjected to legal action by the City Legal Office (CLO) by which action be
based on the particular ordinance he/she has violated.
The City Treasurer shall whenever practicable and necessary may upon the approval of
the City Chief Executive and the Chair of the City Solid Waste Management Board (CSWMB)
deputized and/or authorized the Barangay Treasurers for this purpose (payment of Fines by the
violators).
SECTION 154. Distribution of Proceeds. - There shall be sharing on the proceeds of
the payment of fines to be distributed as follows:
A.
40% - shall accrue to the Deputized Apprehending Officer which will be

withdrawn from the City Treasurer's Office in a monthly schedule.
B.
30% - shall accrue to the City Government.
C.
30% - shall accrue to the Barangay Government where the violation is

committed.
If the one apprehending is a member and/or officer of the Philippine National Police
(PNP) and/or a government employee of this city, the 100% FEE shall accrue to the General
Fund of this city.
SECTION 155. Effects of settlement of penalties. - If the Violator has settled his/her
penalties and charges to the implementing office within the specified period the copy of citation
ticket shall remain at the implementing office.
SECTION 156. Composition of Citation Ticket. - There shall be four (4) copies of
the said Citation Ticket with the following distribution:
A.
Original Copy (white) - for the violator and must be presented as basis
upon payment of the City Treasurer's Office (CTO). The Original Copy
of Citation Ticket together with the Original Receipt of Payment from
CTO shall be reported to City Environment and Natural Resources Office
for further verification of whether he/she has settled his/her liability to the
city government.
B.
Second Copy (yellow) - for City Treasurer's Office as reference or their

file copy.
C.
Third Copy (green) - for the City Environment and Natural Resources
Office which will be used as reference copy.
D.
Fourth Copy (pink) - if after five (5) working days the violator failed to
settle his/her committed offense, this copy shall be forwarded by the
Waste Management Division - City Environment and Natural Resources
Office to the City Legal Office for further appropriate action.
SECTION 157. Implementing Agency. - The issuance of a Citation Ticket by the

authorized apprehending officers shall be controlled by the implementing office which is the
City Environment and Natural Resources Office.
TITLE VI
ENVIRONMENT
CHAPTER 1: DECLARATION OF THE ISLAND GARDEN CITY OF SAMAL AS
BIRD SANCTUARY
SECTION 158. Definition of terms. - As used in this Code, the following terms
meanA.
Bird Sanctuary - a place for refuge or asylum of bird.
B.
Gun - a metal tube for firing projectiles by the force of an explosive by

compressed air or a spring together with its stock and other attachment.
C.
Air gun - a gun impelling a missile by compressed air.
D.
Missile - any object especially a weapon intended to be thrown or

discharged.
E.
Slingshot - a weapon or toy consisting of a forked stick with an elastic

strap attached to the prongs for catapulting small missiles.
F.
Rifle - a firearm of any size having grooves always spiral on the surface of
the bore for imparting rotation to the projectile and increasing the
accuracy of the weapon.
G.
Trap - a device for catching animals as a pitfall or a baited device so

arranged that a slight disturbance causes it to close or fall and thus kill or
capture the victim.
H.
Minor - any person below 18 years of age.
I.
Transporting of birds - refers to illegal selling, trading and capturing of

birds for commercial purpose.
SECTION 159. Prohibited Acts. - The following acts are strictly prohibited under this
Code:
A.
Shooting of birds by means of gun, air gun, rifle, slingshot and other
similar weapons;
B.
Capturing of birds by means of trap or other similar device;
C.
Gathering and destroying of birds nest;
D.
Transporting of birds outside the Island Garden City of Samal.
SECTION 160. Penal Provision. - Any person caught and found guilty of violating
any provision of this Code shall be subject to be following penalties:
FOR ADULT OFFENDERS:
1st Offense - a fine of P 3,000.00 and confiscation of the instrument used.
2nd Offense - a fine of P 4,000.00 and confiscation of the instruments used.
3rd and Succeeding Offenses - a fine of P5,000.00 or imprisonment of not less

than one (1) month but not more than three (3) months or both fine and
imprisonment at the discretion of the court.
IN CASE OF MINOR OFFENDERS:
1st Offense - warning and confiscation of the instruments used.
2nd Offense - confiscation of instruments used and the parents be reprimanded.
3rd and Succeeding Offenses - confiscation of instruments used and the child be
put under custody at the Department of Social Welfare and Development
(DSWD) to be redeemed by the parents/guardian upon payment of the fine
of One Thousand Pesos (P1,000.00).
All funds collected from the penalties shall accrue to the general fund of the City
Government. However, if such implementation is done by the barangay, the latter shall receive
fifty percent (50%) of the funds collected and the remaining fifty percent (50%) shall accrue to
the general fund of the City Government.
CHAPTER 2: ANTI-LITTERING
Biodegradable - refers to any material that can be reduced to finer

particles thru degradation or decomposition by micro-organism or
enzymatic process including mechanical and chemical means such as:
food wastes like peelings, vegetables trims, spoiled fruits, egg shell,
other leftovers, fish fowl, animal entrails and washings, fruit peelings,
spoiled or overripe fruits, garden wastes, human and animal excreta, urine
and other compostable materials.
B.
Non-biodegradable - includes tin cans, caps, scrap metals, bottles and

glasses, including broken pieces, plastic, Styrofoam, rubber, cardboard,
dry cloth, fibers, leather, feather, hard shells and casings, soiled pads,
sanitary napkins and disposable diapers.
C.
Anti-littering - not to strew, scatter or spread out.
D.
Public places - refer to streets, assembly halls, plaza, park, sidewalk, wall,
post, vacant lots, wharves, sea, creeks, rivers, springs and other public
places within the city.
E.
Designated/Allowable area - refer to a proper and accessible comfort

rooms found in designated public places throughout the city.
F.
Apprehending Officer (AOF) - shall refer to but not limited to the

members of the Philippine National Police and other agencies deputized
by the City Government.
G.
Citation ticket - a slip of paper containing a notice citing violation of the

city ordinance with corresponding fine issued by the Apprehending
Officer and any agency deputized by the City Government.
H.
SECTION 162. Prohibition. - The indiscriminate throwing or dumping of wastes in

open public places or disposal of personal little wastes in public places such as cigarette butts,
empty cigarette cases, candy wrappers, empty plastic bags, masticated chewing gums, empty
junk food packages and other related small objects whether biodegradable or non-biodegradable
is hereby prohibited except in the designated and allowable areas .
SECTION 163. Implementing Office. - The implementing office of this Code shall be
the Office of the Local Chief Executive thru the City Environment and Natural Resources Office
(CENRO) and other offices as maybe determined by the City Solid Waste Management Board
(CSWMB) thru its Chairperson and Local Chief Executive.
SECTION 164. Deputized Apprehending Officer. - There shall be a Deputized
Apprehending Officers (DAOF) who shall be recommended by the Barangay Solid Waste
Management Committee (BSWMC) thru its Chairperson and approved by the Local Chief
Executive or the Chairperson of the City Solid Waste Management Board (CSWMB) thru the
City Environment and Natural Resources Office (CENRO) who shall perform the
works/functions of the Apprehending Officers (AOF's) as maybe determined by the Solid Waste
Management Board (SWMB).
SECTION 165. Fine and Penalty. - Violators of this Code shall be fined of not more
than Two Hundred Fifty Pesos (P250.00) or community service for four (4) hours in the first
offense, of not more than Five Hundred Pesos (P500.00) or community service of not more than
eight (8) hours for the 2nd offense, and of not more than One Thousand Five Hundred Pesos
(P1,500.00) and a community service of twelve (12) hours for the 3rd offense. The area and/or
areas where the community services is to be rendered shall be determined by the City
Environment and Natural Resources Office (CENRO) based on applicable rules and regulations
of the City Government.
SECTION 166. Habitual Offender. - Violators who committed more than three (3)
offenses with at least one (1) unsettled fine and/or failed to do community service or both shall
be considered habitual offender. A habitual offender shall settle through the following
administrative fine and/or penalties:
A.
A fine of P1,500.00 payable to the City Treasurer's Office.
B.
Undergo trainings and/or seminar for one (1) day on proper waste
management.
C.
Longer Community Service which is Thirty Two (32) hours
D.
Subject for suspension of Business Permits/Operations for one (1) month

if the offender operates business in the city.
E.
If the offender still fails to settle his/her violations thereof, business permit
shall be subject for recommendation to appropriate authority for
revocation.
SECTION 167. Settlement of fines. - The violator is given within five (5) working
days to settle/pay/comply his/her liability to the City Government. If within this period he/she
failed to comply the stipulated penalty his/her name will be forwarded to the City Legal Office
for appropriate legal action thereof.
CHAPTER 3: INDISCRIMINATE
DISCOMFORTS
RELIEVING
OF
HUMAN
PERSONAL
Public places - refer to streets, assembly halls, plaza, park, sidewalk, wall,
post, vacant lots, wharves, sea, creeks, rivers, springs and other public
places within the city.
B.
Designated/Allowable area - refer to a proper and accessible comfort

rooms found in designated public places throughout the city.
C.
Apprehending Officer (AOF) - shall refer to but not limited to the

members of the Philippine National Police and other agencies deputized
by the City Government.
D.
Citation ticket - a slip of paper containing a notice citing violation of the

city ordinance with corresponding fine issued by the Apprehending
Officer and any agency deputized by the City Government.
E.
SECTION 169. Prohibition. - Relieving in any public places of human personal

discomforts (human excreta) such as urinating and defecating is hereby prohibited except in
designated and allowable areas and spitting inside an enclosed and open public places such as
but not limited to multi-purpose pavement, public market, stages, gymnasium, basketball court,
tennis court and other public buildings is likewise prohibited.
SECTION 170. Implementing Office. - The implementing office of this Code shall be
the Office of the Local Chief Executive thru the City Environment and Natural Resources Office
(CENRO) and other offices as maybe determined by the City Solid Waste Management Board
(CSWMB) thru its Chairperson and Local Chief Executive.
SECTION 171. Deputized Apprehending Officer. - There shall be a Deputized
Apprehending Officer (DAOF) who shall be recommended by the Barangay Solid Waste
Management Committee (BSWMC) thru its Chairperson and approved by the Local Chief
Executive or the Chairperson of the City Solid Waste Management Board (CSWMB) thru the
City Environment and Natural Resources Office (CENRO) who shall perform the
works/functions of the Apprehending Officer (AOF) as maybe determined by the SWMB.
SECTION 172. Fine and Penalty. - Violators of this Code shall be fined of not more
than Two Hundred Fifty Pesos (P250.00) or community service for (4 hrs.) the first offense, of
not more than Five Hundred Pesos (P500.00) or community service of not more than (8 hrs.) for
the 2nd offense, and of not more than One Thousand Five Hundred Pesos (P1,500.00) and a
community service of (12 hrs) for the third offense. The area and/or areas where the
community services is to be rendered shall be determined by the City Environment and Natural
Resources Office (CENRO) based on applicable rules and regulations of the City Government.
SECTION 173. Habitual Offender. - Violators who committed more than three (3)
offenses with at least one (1) unsettled fine and/or failed to do community service or both shall
be considered habitual offender. A habitual offender shall settle through the following
administrative fine and/or penalties:
1.
A fine of One thousand Five Hundred Peso (P1,500.00) payable to the

City Treasurers Office.
2.
Undergo trainings and/or seminar for one (1) day on proper waste
management.
3.
Longer Community Service which is Thirty Two (32) hours.
4.
Subject for suspension of Business Permits/Operations for one (1) month

if the offender operates business in the city.
5.
If the offender still fails to settle his/her violations thereof, business permit
shall be subject for recommendation to appropriate authority for
revocation.
SECTION 174. Settlement of obligation. - The violator is given within five (5)
working days to settle/pay/comply his/her liability to the City Government. If within this period
he/she failed to comply the stipulated penalty his/her name will be forwarded to the City Legal
Office for appropriate legal sanctions thereof.
CHAPTER 4: THE COMPREHENSIVE WASTE MANAGEMENT
SECTION 175.
Coverage. - This Code shall apply to all residential houses;
commercial
establishments
such
as
boarding/pension
houses,
beach
resorts,
hotels/carenderia/restaurant/cafeterias, cinema, department/grocery stores, drugstores and funeral
parlors; institutions like schools, hospitals/lying-ins, public and private offices, industrial
establishments like plants and factory including any form of agricultural establishment,
contractors, dredges and excavators, automotive/vulcanizing shops, carwash.
SECTION 176. Definition of terms. - As used in this Code, the following terms shall
be defined as follows:
A.
WASTE - In general, anything solid or liquid that is left over and rejected as
useless such as, after a manufacturing process, in cases of superfluous material
excreted from a living Body, as feces or
urine. This also includes
domestic-type waste, packing materials, non-infectious animal bedding, waste
from laundries and other substances that do not pose a special handling problem
or hazard to human health or environment.
B.
BIODEGRADABLE/COMPOSTABLE WASTE - refers to any material that

can be reduced to finer particles thru degradation or decomposition by
microorganisms or enzymatic process, including mechanical and chemical means.
This is grouped into:
1.
Feed materials are food wastes such as peelings, vegetables trims,

spoiled fruits, egg shells, other leftovers, fish fowl and animal
entrails and washings.
2.
Fermentable refers to fruit peelings, spoiled or overripe fruits,

juices such as "buko", "pia" and cane that can be made into
either vinegar or wine.
3.
Fertilizer materials are compostables such as garden wastes

(leaves, twigs, flowers, weeds, stem branches, roots and other
inedible fruits.
4.
Human and animal excreta, urine and carcasses.
C.
NON-BIODEGRABLE/NON-COMPOSTABLE WASTE - includes tin cans,

caps, scrap metals, bottles and glasses, including broken pieces, plastic,
styrofoam, rubber, dry paper/cardboard, dry cloth, fibers, leather feather, hard
shells and casings, soiled pads, sanitary napkins and disposable diapers.
D.
PATHOLOGICAL WASTE - comprises of tissues, organs, body parts, from

surgical operations, propsy and autopsy, human refuses and animal carcasses,
most blood and body fluids.
E.
CHEMICAL WASTE - comprises discarded solid, liquid and gaseous chemicals
for example from diagnostic and experimental work and cleaning, housekeeping
and disinfecting procedures. Chemical Waste may be classified as hazardous or
non-hazardous. Hazardous chemical waste is considered when it is:
1.
TOXIC - poisonous and have carcinogenic, mutagenic, or

teratogenic effects on human or other life forms.
2.
REACTIVE - when they are explosive, water reactive, shock

sensitive. They are unstable under normal conditions and readily
undergo violent change without detonating; also react violently
with water and create spontaneous explosive mixtures like toxic
gases, vapors or fumes; are capable of detonating.
3.
IGNITABLE - can create fire under certain conditions. Example

include liquids such as solvents that readily catch fire and
friction-sensitive substances.
4.
CORROSIVE - includes those that are acidic (pH less than 2)

basic (pH greater than 12), and those that are capable of corroding
metal (such as container, tanks, barrels and drums)
(REFERENCE: R.A. 6969 <../Codified Ordinance/Annex/REPUBLIC ACT 6969.doc>;

DOH-Manual on Hospital Waste Management (See Annex "B")
F.
NON-HAZARDOUS CHEMICAL WASTE consist of chemicals other than

those described above, such as sugar, amino acids and certain organic and
inorganic salts.
G.
INFECTIOUS WASTE includes cultures and stocks of infectious agents from

laboratory works, waste from surgery and autopsies on patients/and person with
infectious diseases, waste from infected patients in isolation ward, waste from
potentially infectious cases, wastes that has been in contact with infected patients
undergoing haemodialysis, waste that has been in contact with animals inoculated
with an infectious agent or suffering from an infectious disease.
H.
SHARPS include needles, syringes, scalpels, saws, blades, broken glass, nails and
any other items that can cause a cut or puncture.
I.
PHARMACEUTICAL WASTE included pharmaceutical products, drugs and

chemicals that have been returned from wards, have been spilled, are outdated or
contaminated, or are to be discarded because they are no longer required or have
expired.
J.
PRESSURIZED CONTAINERS include those used for demonstration or

instructional and other purposes containing innocuous or inert gas and aerosol
cans that may explode if incinerated or accidentally punctures.
K.
RADIOACTIVE WASTE generated from nuclear medicine, section, diagnostic

and the therapeutic procedures and the paraphernalia used. This is in the form of
solid, liquid and gas contaminated with radionuclides, excreta of patients who
underwent radio isotopic therapeutic application, needles and syringes, test tubes
and tap waste washings of such paraphernalia.
L.
SOLID WASTE MANAGEMENT is the purposeful and systematic control of

the generation, storage, collection, transport, separation, processing, recycling,
recovery and final disposal of solid wastes.
M.
ZERO WASTE RESOURCE MANAGEMENT SYSTEM is an ecological

method of handling waste that do not degrade the environment nor pollute air,
water and soil and facilities their sanitary retrieval, reuse or recycling.
SECTION 177. Waste Generation, Handling and Storage of Waste/Refuse. - It shall

be the duty and responsibility of the owner or occupants of residential, commercial, institutional
and industrial establishments, including public offices, to store office/household refuse in
environmentally acceptable and hygienic manner by:
A.
Practicing waste minimization and segregation of compostable and

reusable/recycle materials;
B.
Providing separate/coded containers for biodegradable, compostable and

non-biodegradable/non-compostable materials.
Receptacles for
compostable materials shall be equipped with tight covering to prevent
liberation of obnoxious odor. A properly coded container, preferably
glass or plastic with cover, must be provided to store any hazardous waste
generated.
C.
It shall be the duty of this Local Government Unit, National Government

agencies/offices, government owned/controlled corporations, commercial,
industrial and institutional establishments, to provide protective clothing
in handling substances which are to be discarded as waste such as gloves,
masks and where necessary, visors should be worn when handling
hazardous waste.
D.
On markets and slaughterhouse - it shall be the duty of the personnel,

workers, vendors and stall owners, to provide and institute an efficient
sanitary handling, segregation and storage for the proper collection and
disposal of the waste generated.
E.
Fronting sidewalk and the immediate areas of stalls as well as the open
spaces of markets shall be kept clean and orderly by the lessee of the said
stall.
F.
Residential shall provide appropriate containers. Food waste shall be

placed in covered can or pails. Garden wastes in sacks, cans or bags; the
non-compostable in either sack, bags or boxes.
G.
All residents, homeowners and tenants of the residential buildings and

owners, occupants and lessees of commercial establishments shall be
required to maintain cleanliness, orderliness and beautification in front of
and around their vicinity or surroundings. In support to the Local
Government Isla nga Maanyag Management Program, "TUGKARAN KO,
LIMPYOHON KO UG PAANINDUTON KO" concept shall be enforced.
H.
Every individual shall adopt this concept (TUGKURAN KO,

LIMPYOHON KO UG PAANINDUTON KO) and be responsible of his
own surroundings in order to achieve a well managed environment.
SECTION 178. Communal Refuse Storage Container/Receptacles in Designated

Areas or Public Places. - Color coded refuse storage container or receptacle for segregated
wastes shall be placed in areas designated by the Local Government Unit, removal and/or
destroying these containers/receptacles is strictly prohibited.
Pre-segregated refuse shall be disposed properly in color coded containers placed in
designated areas. Putting garbage outside said container or in any receptacle not designated for
said typed of waste or anywhere causing environmental hazards is punishable.
COLLECTION AND DISPOSAL

SECTION 179. Collection and Disposal of Waste. - No person shall throw, dispose
or allow to be thrown solid waste, refuse, waste matter or substances of any kind whatsoever that
may cause risk to health and the environment into public places, vacant lots, canals, roadways,
backyards, water courses, bodies of water or any place not designated as solid dumping site by
the local government unit.
Small quantities of domestic composite waste generated by residential, commercial,
institutional or industrial establishments may be composted in his or her own backyard provided
sanitation shall be strictly observed and shall not cause undue nuisance to neighboring residents.
In areas where there are nearby shallow wells used for domestic water supply or where
groundwater is shallow or which upon determination of appropriate agency would cause
potential groundwater contamination, composting is strictly prohibited.
In areas not covered by collection service, it shall be the responsibility of owners or
occupants of residential, commercial or industrial establishment to dispose refuse properly after
segregation in an environmentally acceptable manner.
The collection system shall provide the following:
A.
Collection System Route
B.
Scheduling
C.
Collection System Frequency
D.
Collecting Storage/Transfer Station
SECTION 180. Disposal system. Disposal System - the following disposal systems may be employed:
A.
Zero- Waste Technique or procedures adopted for a maximum utilization of

wastes through the Multi-F's total recycling scheme such as Factory-returnables,
feeds, fermentables, fertilizers (as Firewoods or as Flammable gases), fine crafts
and filling materials.
B.
Composting - The two basic methods of composting :

B1. AEROBIC - In aerobic composting, air is supplied in the refuse material
either by frequent turning and mixing or by actual use of mechanical air into the
composting refuse file. A temperature of 60 -70 degrees centigrade is reached
during the process which destroys most organisms that can cause disease in man.
B2. ANAEROBIC - Composting is done simply by burying organic material
which is subsequently covered with soil and allowed to decompose anaerobically
(without oxygen) for a relatively long time.
C.
Burning, Autoclaving and incineration.
D.
Safe and Sanitary Dumpsite
E.
Sanitary Landfill
SECTION 181. City Waste Management Board Composition. - The City Waste
Management Board is hereby created and shall be composed of the following:
City Environment and Natural Resources Officer
City Engineer
MEMBERS:
1.
2.
3.
City Planning and Development Coordinator

City Sanitary Inspector
SP Chairperson on Environment Protection
Chairperson
Vice Chairperson
Secretariat
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Market Supervisor
Community Affairs Office/Mayor's Office
NGO Representative
Representative of Market Vendors
ABC President
SP Chairperson on Health and Sanitation
Water Transport Association Representative
Philippine National Police
City Veterinarian
Council of Women Chairperson
Tourism Council Chairperson
Department of Education
SECTION 182. Powers, Duties and Responsibilities. - To formulate and implement

an appropriate system for the handling, storage, collection, transport and disposal of solid waste,
subject to the approval of the Local Chief Executive.
A.
To oversee the implementation of the existing laws, ordinances, rules and

regulations on solid waste, pollution control and environmental protection.
B.
To institute proceeding and impose sanctions and penalties in accordance

with this Code, existing law, rules and regulations.
C.
To conduct public information and education campaign.
D.
To prepare and submit budgetary proposal for the implementation of its

Plans and Programs on Solid Waste Management, acquisition of safe and
Sanitary Dumpsite and other related matters.
The Chairperson of this Council is automatically an ex-officio member of the City

Development Council.
SECTION 183.
Fees and Charges. - The Local Chief Executive, thru the
recommendation of the Waste Management Council, may impose fees and charges to augment
other sources of revenues for the operation and maintenance of the Solid Waste Management
System of this city to all residential, commercial, industrial and other institutions.
SECTION 184. Human/Ecological Survival Funds. - For purposes of this Code, there
shall be appropriated an initial amount of THIRTY THOUSAND PESOS (P30,000.00) to be
taken from any available funds for its initial implementation, and yearly thereafter, the City
Planning and Development Coordinator and/or the Local Finance Committee is mandated to
allocate not less than the initial amount for its sustainable implementation.
SECTION 185. Penalties. - Any person caught and found guilty of violating any
provision of this Code shall be subject to be following penalties:
First Offense - Fined of not more than Two Hundred Pesos (P250.00) and/or do
community service for four (4) hours;
Second Offense - Fine not more than Five Hundred Pesos (P500.00) and/or do
community service for eight (8) hours;
Third Offense - Fine not more than Five Hundred Pesos (P500.00) and/or do community
service for twelve (12) hours;
Violator who committed more than three offenses with at least one (1) unsettled fine
and/or do community service or both shall be considered habitual offender. A case shall be filed
in the appropriate court and maybe fined, imprisoned or both at the discretion of the court. For
this purpose, community service shall be determined by the City Environment and Natural
Resources Office pursuant to the laws, ordinances rules and regulations of the City Government.
TITLE VII
GENDER AND DEVELOPMENT
CHAPTER 1: GENDER AND DEVELOPMENT
SECTION 186. Definition of terms. - For purposes of better understanding, the
following terms used in this Code shall mean and defined as follows:
A.
GAD - Gender and Development
B.
Gender - biologically refers to female and male sex; culturally refers to

roles, aspirations, expectations with or within cross culture.
C.
VAW - Violence Against Women
D.
Violence Against Women - refers to any violation on women's

personhood, mental or physical integrity or freedom of movement.
SECTION 187. Creation and Compositions. - The City Gender and Development
Coordinating Council (GADCC) in the Island Garden City of Samal is hereby created in which
composition shall be as follows:
City Mayor
City Vice-Mayor
City Social Welfare and Development Officer
City Planning and Development Officer
MEMBERS:
Honorary Chairperson
Honorary Vice Chairperson
Focal Person
Member/Secretariat
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
City Health Officer

City Legal Officer
City Engineer
City Human Resource Management Officer
City Budget Officer
City Agriculturist
SP Chair Committee on Women, Children, Family and Social Welfare
City Prosecutor
City Chief of Police
City Local Government Operation Officer (DILG)
SECTION 188. Powers, Functions and Responsibilities. - The City GAD Coordinating
Council shall have the following powers, functions and responsibilities;
A.
To review existing legislation, policies and programs of the local

government related to gender issues;
B.
To serve as an avenue for the implementation of RA 7192 otherwise

known as "Women in Development and Nation Building Act;"
C.
To act as advisory Council to the Sangguniang Panlungsod on matters

affecting gender issues;
D.
To coordinate various activities and services rendered by the different

government organization to the promotion of the Philippine for Gender
Responsive Development;
E.
To submit the annual/supplemental budget of the Council of the Island

Garden City of Samal for appropriate funding;
F.
To formulate the annual GAD Plan responsive to the needs and situation
of men and women constituents to be incorporated in the policies,
programs and activities that will uplift their condition;
G.
To validate and prioritize gender issues and concerns for action;
H.
To recommend the adoption of appropriate policies and enactment of

ordinances or passage of resolutions that enhance the potentials and
capabilities of men and women to implement GAD mainstreaming;
I.
To monitor, evaluate and report the status of implementation of the city

GAD plan and policies in the city;
J.
To monitor the disbursements of the five percent (5%) funds allocated by
law for gender and development programs and projects and ensure that the
funds are properly disbursed according to its purpose;
K.
To maintain and update a sex-disaggregated data through the conduct of

the primary and secondary date gathering activities;
L.
To work in collaboration with the national and regional government

agencies; NGOs, POs, the private sector and institution to ensure that
women concerns are brought into the mainstream of all development
efforts;
M.
To ensure that all city development program planning and implementation

are gender sensitive/responsive;
N.
To review and approve all GAD activities from Barangay to City level
prior to implementation to monitor if activities to be undertaken are in
accordance with guidelines set forth;
O.
To recommend plans for budget allocation pursuant to the requirement

provided for by law;
P.
To represent the city in Local and Internal Women's Conferences and

meetings pertinent to each other duties and functions.
SECTION 189. Creation and compositions of a Technical Working Group (TWG).

- The Technical Working Group for GAD Coordinating Council is hereby created and shall be
composed of representatives from the following offices:
1.
City Mayor's Office
2.
3.
City Legal Office
4.
5.
6.
City Engineers Office
7.
City Health Office
8.
9.
SP Secretariat Office
10.
Philippine National Police
SECTION 190. Duties and Functions of Technical Working Group (TWG). - The
TWG shall have the following functions and duties;
A.
Provide technical support to the council;
B.
Facilitate the formulation of GAD Plan;
C.
Assist the Council in the evaluation of GAD related programs;
D.
Perform such other functions as the Council may order.
SECTION 191. Meeting. - The Council and its TWG shall meet once every quarter.
However, special meeting may be called by the Chairperson or upon request of the 20% of the
Council members.
SECTION 192. Appropriation. - The city shall appropriate an amount taken from the
five percent (5%) of the General Fund Annual Budget for GAD Programs and Projects as
mandated by law to cover all incurring expenditures and expenses of the GAD Coordinating
Council and its TWG.
SECTION 193. Honorarium. - The members of the GADCC and GADCC-TWG maybe
entitled to honorarium in accordance with Budget Circular issued by Department of Budget
and Management, subject to the availability of funds and the usual accounting and auditing rules
and regulations.
TITLE VIII
HEALTH AND SANITATION
CHAPTER 1: REGULATING THE SELLING OF NON-FORTIFIED JUNK FOODS
Junk Foods - refers to foodstuffs which are processed with artificial

flavors, coloring and preservatives and which have been found to contain
carcinogenic elements harmful for the body or those sold beyond their
expiry period.
B.
Non-fortified Junk food - refers to any food with high calories but low in
nutritional contents.
C.
School premises - refers to a school ground where students usually roam

around and where sellers of junk foods usually display their goods.
SECTION 195. Regulation on Selling. - The selling of non-fortified junk foods within
the school premises and even outside the school premises but within the reach of school children
is hereby regulated.
SECTION 196. Selling of Nutritious Snack. - The promotion of buying and selling of
heavy nutritious snacks within the school premises is highly recommended.
SECTION 197. Penalties. - Any person caught selling junk foods within fifty (50)
meters from the radius of the school premises shall be subject to the following penalty:
1st offense
Fine of P100.00
2nd offense
Fine of P200.00
3rd and succeeding offenses
Fine of P300.00, confiscation of goods and

imprisonment for not more than one (1) month
or both at the discretion of the court.
SECTION 198. Implementation. - This Code shall be implemented thru the assistance
of the School Administrators, Barangay officials and other authorities concerned.
CHAPTER 2:
POLICIES AND MEASURES FOR THE PREVENTION AND
CONTROL OF SEXUALLY TRANSMITTED INFECTIONS (STI), HUMAN
IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNODEFICIENCY
SYNDROME (AIDS)
SECTION 199. Declaration of Policy. - Acquired Immune Deficiency Syndrome
(AIDS) is a disease that recognizes no territorial, social, political, and economic boundaries for
which there is no known cure. The gravity of AIDS threat today demands strong state action,
thus, the City Government of the Island Garden City of Samal shall actively promote public
awareness on the causes, modes of transmission, consequences, means of prevention and control
of Sexually Transmitted Infections (STI), Human Immunodeficiency Virus (HIV) and Acquired
Immunodeficiency Syndrome (AIDS) through comprehensive, city-wide educational and
information campaign, organized by the local government down to the barangay level.
The Island Garden City of Samal shall consciously adhere to generally-accepted
principles of human rights and adopt gender perspectives in dealing with STI, HIV and AIDS
even as it shall promote value formation and employ scientifically-proven approaches. The
information and education campaigns shall be carried out in all schools, training centers,
workplaces and communities.
SECTION 200. Definition of Terms. - As used in this Code, the following terms are
defined as follows:
A.
Acquired Immune Deficiency Syndrome (AIDS) - shall mean a

condition characterized by a combination of signs and symptoms, caused
by HIV contracted from another person and which attacks and weakens
the body's immune system, making the afflicted individual susceptible to
other life- threatening infections.
B.
Accredited NGO and PO Institution - is a Non Government

Organization, People's Organization institution, accredited by the City
Government of the Island Garden City of Samal.
C.
Children - refers to persons below 18 years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of physical or
mental disability or condition.
D.
Compulsory HIV Testing - refers to HIV testing imposed upon a person

attended or characterized by the lack of or vitiated consent or use of
physical force, intimidation or any form of compulsion.
E.
Voluntary Counseling and Testing - refers to HIV testing initiated by

the client with full consent with the purpose to determine the HIV status
and seek medical intervention.
F.
Contact Tracing - refers to the method of finding and counseling the

sexual partner(s) of a person who has been diagnosed as having
sexually-transmitted disease including HIV infection.
G.
Entertainment Establishments - are business establishments which

include bars, night clubs, beer houses, cocktail lounges, massage clinics,
karaoke bars/sing-along pub houses within the Island Garden City of
Samal.
H.
Establishment's Policies - refer to the statement of provisions of work

and health benefits for workers/employees.
I.
Ethics of Care - embraces the universal values of liberty, justice and

gender equity. This calls for health care providers' attitudes that are
non-judgmental, non-discriminating, non-homophobic, but norms that
observe the use of non-sexist language, recognition of clients' voice as
legitimate, capacity for empathy and belief on clients' capacity for
autonomy without coercion and intimidation.
J.
Health Certificate - is a certification in writing using the prescribed form

issued by the City Health Officer stating that the person applying for or
renewing such certificate is permitted by the said Officer or his/her duly
authorized representative to work in an establishment. This certification
is issued to the person applying for or renewing such, after passing the
required physical and medical examinations, immunizations and other
examinations as may be required by the City Health Officer or his or her

duly authorized representative.
K.
Human Immunodeficiency Virus (HIV) - refers to the virus which

causes AIDS.
L.
HIV and AIDS Monitoring - refers to the documentation and analysis of

the number of HIV infections and pattern of its spread.
M.
HIV and AIDS Prevention and Control - refers to measures aimed at

protecting non-infected persons from contracting HIV and minimizing the
impact of the condition of people living with HIV.
N.
Information Material - shall mean any written and/or printed material on

STI, HIV and AIDS which educates the public.
O.
Confidentiality - refers to the relationship of trust and confidence created

or existing between a patient or a person with HIV and his or her attending
physician, consulting medical specialist, nurse, medical technologist and
other health workers or personnel involved in any counseling, testing or
professional care of the former. It also applies to any person who, in any
official capacity, has acquired or may have acquired such confidential
information.
P.
Medical Practitioner - licensed Doctor of Medicine engaged in health

work in hospitals, clinics, sanitaria, health stations, barangay health
centers and the like.
Q.
Monitoring - is the process of routine and periodic measurement and/or

determination of program input/activities, outputs and problems
encountered during program implementation.
R.
Peer Educator - is a trained STI, HIV and AIDS educator who is capable
of influencing and developing healthy behaviors among his/her peers
within the establishment.
S.
People Living with HIV (PLHIV) - refers to an individual whose HIV

Antibody Test indicates, directly or indirectly, that he/she is infected with
HIV.
T.
Quality Healthcare - as indicated by standards set by WHO, accessibility,

affordability, and appropriateness of provider's knowledge on sexual and
reproductive rights. A gender equity perspective in quality healthcare
takes into account the differences in the likelihood of carrying out certain
prevention, diagnostic treatment and follow-up procedure in men and
women in the same condition of illness and the differences between male
and female providers in their interpersonal relations with patients. This

also includes the provision of appropriate information related to STI, HIV
and AIDS and male responsibility.
U.
Reproductive Health - as defined in the Cairo International Conference

on Population and Development and World Health Organization and
further affirmed by the Beijing Conference of the United Nations, it is a
state of complete physical, mental, and social well-being and not merely
the absence of disease and infirmity in all matters relating to the
reproductive system and its functions and processes.
V.
Reproductive Health and Wellness Center (RHWC) - Its purpose is to

achieve universal availability and accessibility of reproductive health
services, putting emphasis on the needs of the under-served and vulnerable
groups including adolescents.
W.
Sexual Health - implies that the sexual drive and sexual processes are
accomplished in a state of complete physical, mental and social being, not
merely the absence of disease or disorder (WHO Biennial Report
1990-91). It also aims the enhancement of life and personal relations.
X.
Sexually Transmitted Infections (STIs) - refer to any infection that may

be acquired or passed through sexual contact.
Y.
Virus - a submicroscopic infective agents that are held to be living

organisms or complex protein molecule containing nucleic acids that are
comparable to genes, that are capable of growth and multiplication only in
living cells and that causes various important disease in man, lower
animals or plants.
Z.
Institution - refers to an established society or corporation dealing with

the public like learning institutions such as school colleges and
universities and lending institutions such as banks and cooperatives,
medical institutions such as hospitals.
AA.
Vitiate - To spoil, debase; destroy the validity of a contract.
BB.
Prophylactic - preventing or guarding against disease.
CC.
Phobia - "Fear", unreasonable persistent fear of a particular thing.
DD.
Homophobia - fear/hatred of homosexuals.
EE.
Non-homophobic - no fear of homosexuality.
FF.
PESO - Public Employment Service Office
GG.
Non-Government Organization (NGO) or Institution - refers to an

established
organization, society, corporation or association dealing not
only with its members but with public as well.
EDUCATION AND INFORMATION

SECTION 201.
Comprehensive Education on STI, HIV and AIDS. Comprehensive education and information strategies shall be designed, integrated and adopted in
various levels geared towards the purpose of providing substantial information / knowledge,
improving attitudes and skills in the prevention and control of STI, HIV and AIDS, in both
public and private sphere.
SECTION 202. Media Campaign on STI, HIV and AIDS Prevention. - In
partnership with the Information Office of the Island Garden City of Samal and the various
media organizations, non-government organizations and the City AIDS Council shall prepare
and implement a media and communications plan for a regular information dissemination
campaign and advocacy.
SECTION 203. STI, HIV and AIDS Gender Sensitive IEC Materials and
Education Modules. - Information, education and communication (IEC) materials shall be
designed appropriate to the needs and culture of groups being targeted in the campaign.
Literatures on STI, HIV and AIDS shall utilize the local lingo/dialect to encourage and facilitate
easy understanding of terms and concepts. Modules on STI, HIV and AIDS prevention and
control shall not in any way be used as an excuse to propagate birth control or sale or distribution
of birth control devices. Proper consultations shall be held among heads, leaders and
representatives of respective groups, organizations, institutions and individuals who are targets
for application of any course content, scope and methodology.
SECTION 204. STI, HIV and AIDS Information as a Health Service. - STI, HIV
and AIDS education and information dissemination shall form part of the delivery of health
services by practitioners, workers and personnel. The knowledge and capabilities of all service
providers by both government and private sectors shall be enhanced to include skills for proper
information dissemination and education on STI, HIV and AIDS. It shall likewise be
considered a civic duty of health providers in the private sector to make available to the public
such information necessary to control the spread of STI, HIV and AIDS and to correct common
misconceptions on HIV and AIDS-related ethical issues such as confidentiality, informed
consent and the duty to provide treatment.
SECTION 205. STI, HIV and AIDS Education in Schools. - The local government of
the Island Garden City of Samal, the Department of Education, the Technical Education and
Skills Development Authority (TESDA) and Commission on Higher Education (CHED) shall
take the lead in information dissemination and popularization on the nature of STI, HIV and
AIDS and its prevention, utilizing standardized information provided by the Department of
Health in all schools, colleges and universities and other indigenous learning systems including
non-formal system of education.
All teachers and instructors of said STI, HIV and AIDS courses shall be required to
undergo seminar or training on STI, HIV and AIDS prevention and control to be supervised by
the Department of Education, CHED, TESDA or any accredited institution/organization, in
coordination with the Department of Health, before they are allowed to teach on the subject.
SECTION 206. STI, HIV and AIDS Education in the Workplace. - All employees
of the Island Garden City of Samal, regardless of their status, shall be required to undergo basic
orientation on STI, HIV and AIDS to be conducted by the Human Resource and Development
Office of the city in coordination with the City Health Office.
Managers, supervisors and employees in the government and private workplaces shall be
provided with the standardized basic information and instruction on STI, HIV and AIDS which
shall include topics on confidentiality in the workplace and attitude towards infected employees
and workers. The Department of Labor and Employment shall undertake measures in the
implementation and monitoring of the same.
It shall be a requirement for all owners and/or managers of all establishments to
attend seminar on STI, HIV and AIDS prevention conducted regularly by any of the
agencies such as the City Health Office, City AIDS Council, and an accredited NGO, otherwise,
no renewal of permit to operate shall be granted to said establishments for violation thereof.
A certificate of attendance to STI, HIV and AIDS Seminar shall form part of the requirements
for the issuance or renewal of Health Certificate and Permit to Operate.
SECTION 207. STI, HIV and AIDS Education for Filipinos Going Abroad. - The
city government of the Island Garden City of Samal shall coordinate with the Public
Employment Service Office (PESO) in the implementation of STI, HIV and AIDS education
among the residents going abroad. Pursuant to Section 7 of R.A. 8504, STI, HIV and AIDS
education seminar shall be part of the Pre-Employment and Pre-Departure Orientation Seminar
among Overseas Filipino Workers.
SECTION 208. STI, HIV and AIDS Education in Communities. - In partnership
with the City Health Office, all barangays shall conduct educational and information campaign
on STI, HIV and AIDS prevention. The Community Affairs Officers, Barangay Officials and
other service providers shall coordinate such campaign among concerned government agencies,
non-government organizations and church-based groups.
SECTION 209. Information Campaign for Tourists and Transients. - Materials on
the causes, modes of transmission, prevention and consequences of STI, HIV and AIDS infection
shall be adequately provided in all ports of entry and exit, in all entertainment establishments in
the city.
SECTION 210. False or Misleading Information. - Misinformation on STI, HIV and
AIDS prevention and control through false and misleading advertising and claims in any of the
tri-media or the promotional marketing of drugs, devices, agents or procedures without prior
approval from the Department of Health (DOH) and Bureau of Food and Drugs (BFAD) and the
requisite medical and scientific basis including markings and indications in drugs and devises or
agents, purporting to be a cure or fail-safe prophylactic* for HIV infection is punishable under
Republic Act No. 8504.
DECLARATION OF AIDS AWARENESS MONTH

SECTION 211. Declaration of AIDS Awareness Month. - The month of May is
hereby declared as AIDS awareness month to coincide with the commemoration of the
International AIDS Candlelight Memorial and Mobilization and should culminate on the month
of December being the World AIDS prevention month.
SECTION 212. Advocacy Programs for the AIDS Awareness Month. - There shall
be an advocacy program for the whole month of May and December for the dissemination of
information for the prevention and control of STI, HIV and AIDS.
CREATION OF THE ISLAND GARDEN CITY OF SAMAL AIDS COUNCIL
SECTION 213. Creation and Composition of the City AIDS Council. - The City
AIDS Council shall be created and composed of multi-sectoral representatives and heads from
the city government.
City Mayor or duly authorized representative
City Health Officer
- Chairperson
- Co-chairperson
MEMBERS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Two Councilors designated by the Sangguniang Panlungsod

Department of Education
Chair of the Liga ng mga Barangay
Two (2) NGOs working on STI, HIV and AIDS prevention that shall be
designated by the City Mayor as member of the council
One (1) Religious Sector Representative
SKF President
Samal District Hospital
City Tourism Council
The City AIDS Council may, from time to time, expand its membership as the need
arises.
SECTION 214. Powers and Functions of the Council. - The City AIDS Council shall
have the following powers and functions:
A.
Advisory Group to the Sangguniang Panlungsod and the Executive Branch
on policy formulation/development, program conceptualization, planning

and monitoring toward the prevention and control of STI, HIV and AIDS;
B.
Coordinative Body in establishing, mobilizing and strengthening

linkages at the local, national and international agencies and other
stakeholders involved in the STI, HIV and AIDS prevention programs;
C.
Lead Group in undertaking information, education and communication

campaigns on STI, HIV/AIDS prevention;
D.
Monitoring Body in the implementation of RA 8504 and other policies

approved and adopted by the AIDS Council.
SECTION 215. Secretariat of the City AIDS Council. - The secretariat of the City
AIDS Council shall be the Personnel of the City Health Office.
SECTION 216. Functions of the Secretariat of the City AIDS Council. - The
secretariat of the Council shall perform the following functions and duties:
A.
B.
Coordinate the activities of the council;

Serve as the center of communication by receiving and disseminating
information from and to members of the council;
C.
Document meetings and other activities of the council;
D.
Keep all the records of the council; and,
E.
Perform other functions as may be assigned by the Chairperson of the

Council.
SECTION 217. Compensation and Remuneration of the members and secretariat

of the Council. - Members and secretariat of the City AIDS Council shall perform their duties as
such and shall be entitled to the necessary traveling expenses, allowance or honorarium
chargeable against the fund of the City AIDS Council subject to existing accounting and auditing
rules and regulations.
REPRODUCTIVE HEALTH AND WELLNESS CENTER (RHWC) AND PROVIDING
ITS FUNCTIONS
SECTION 218. Social Reproductive Health and Wellness Center (RHWC). - There
shall be created a Social Reproductive Health and Wellness Center under the City Health Office
of the Island Garden City of Samal.
SECTION 219. Functions of the Reproductive Health and Wellness Center
(RHWC). - The Reproductive Health and Wellness Center (RHWC) shall perform the following
functions:
A.
Be in the frontline in the delivery of reproductive health care services;
B.
Provide education and information dissemination activities on the

promotion of reproductive health, prevention and control of STI, HIV and
AIDS;
C.
Monitor and evaluate cases handled;
D.
Refer clients to other agencies of the city government for cases that need
other health and social services such as livelihood projects, alternative
home, and scholarship;
E.
Ensure that children with STI, HIV and AIDS are given priority in
treatment and are referred to concerned agencies for further assistance;
F.
Conduct HIV Antibody Test in a voluntary and regular basis. Further,

pre- and post-test counseling shall likewise be administered before any
examination may be considered.
G.
Perform such other duties and functions as may be prescribed by law or

ordinance.
SECTION 220. Strengthening of the Reproductive Health and Wellness Center. The City Government shall strengthen the Reproductive Health and Wellness Center through
provision of adequate personnel, facilities and budget.
It shall ensure provision of
comprehensive reproductive health services and sexual health education, ensuring ethics, quality
care and information.
ADHERENCE TO SAFE PRACTICES AND PROCEDURES, TESTING, SCREENING
AND COUNSELING
SECTION 221. Safe Practices and Procedures. - The City Government of City shall
strictly adhere to the principles and guidelines on safe practices and procedures, necessary to
protect any person from HIV transmission as mandated in Articles II and III of RA 8504.
Procedures on testing, screening and counseling shall observe the ethics of care and medical
confidentiality in dealing with individuals having vulnerable conditions for contracting STI and
HIV.
SPECIAL PROTECTION FOR CHILDREN
SECTION 222. Regulation Concerning Children within and near the Vicinity of an
Entertainment Establishment. - Parents, guardians, or any persons who knowingly allow
children to enter or loiter within ten (10) meter-radius from any side of an entertainment
establishment, one hour prior, during, and one hour after operations, shall be penalized.
Children found entering or loitering within ten (10) meter-radius from any side of an
entertainment establishment shall immediately be rescued, and be provided with appropriate
intervention as the circumstances warrant.
HEALTH AND SUPPORT SERVICES
SECTION 223. Universal Access to STI, HIV and AIDS Health care Services. Access to STI healthcare services/assistance shall be extended to all individuals regardless of
sex, gender, age, social status, political belief, tradition and religion.
SECTION 224. Adherence to Quality Health Care and Ethics of Care. - Medical
practitioner or other staff assisting or directly providing health services/examinations/education
to clients shall adhere to the basic principles of ethics of care. They shall also be sensitive to
gender and sexual orientation in their treatment to patients/clients, informing them of their rights,
including the right to file charges for abuses committed against them.
SECTION 225. Special Care and Support Services. - The City Government shall
provide special care and support services for pregnant women with HIV and AIDS and
children of People Living with HIV (PLHIV),
SECTION 226. Health Care Plans for Person with HIV. - The City Government, in
coordination with the Philippine National AIDS Council, Department of Health and
Commissioner of the Insurance Commission shall conduct a study on the feasibility of setting up
a package of Health Care Plans, and should the study warrant, implement the plan for persons
with HIV.
SECTION 227. Special Welfare Fund for RHWC Clients. - The City Government of
City shall establish and maintain a welfare fund for the clients of RHWC, which shall come from
the smear check-up and from other sources of the government. Said amount shall exclusively
accrue to the welfare fund of the RHWC Clients to be managed by the City Health Office, in
partnership with AIDS Council and other Financial Institutions.
HIV AND AIDS MONITORING

SECTION 228. Monitoring Program and Reporting Mechanisms. - The City AIDS
Council shall develop a comprehensive STI, HIV and AIDS monitoring program and reporting
procedures on the magnitude of and progression of HIV infection in city. In addition, it shall
enhance mechanisms to further implement provisions on monitoring of Article IV of the
Republic Act 8504.
SECTION 229. Documentation. - STI, HIV and AIDS contact-tracing and all other
related health intelligence activities may be initiated by the Department of Health and the City
AIDS Council, provided that these do not run counter to the general purpose of this Code. Any
information gathered shall remain confidential and classified, and shall not be used in any way to
become a basis or qualification for any employment or school attendance or on the freedom of
abode or right to travel.
SECTION 230. Submission of Work Policies. - It shall be compulsory for all owners
and/or managers of all establishments to provide the city government copies of the
establishment's policies in accordance with labor laws and other related national and local
policies.
SECTION 231. Research Investigations. - All research investigations related to STI,
HIV and AIDS should observe strict adherence to the ethical guidelines of the Philippine
National AIDS Council.
DISCRIMINATORY ACTS AND CONFIDENTIALITY OF INFORMATION
SECTION 232. Discriminatory Acts. - Discrimination in any form and place of
person perceived or suspected with HIV (e.i employment process, promotion, assignment or
termination from work, schools, hospitals, health institutions, travel and habitation) shall be
unlawful. Any act of discrimination in violation of this Code shall be penalized under Republic
Act No. 8504.
SECTION 233. Prohibition Against Divulging of Confidential Information of
Persons with STI, HIV/AIDS. - Any person who divulge confidential information about the
HIV status of a person shall be penalized under Republic Act 8504.
SECTION 234. Penalties. - Any person found guilty of violating any provisions of
this Code shall be meted with the following penalties:
First Offense - a fine of P2,000.00 and/or an imprisonment of one (1) month.
Second Offense - a fine of P3,000.00 and/or an imprisonment of three (3) months.
Third Offense - a fine of P5,000.00 and/or an imprisonment of six (6) months and
/or cancellation of business permit.
TITLE IX
PUBLIC SAFETY AND WELFARE
CHAPTER 1: IMPOUNDING OF ROAMING AND STRAY DOMESTIC ANIMALS
AND LIVESTOCK/FARM ANIMALS
SECTION 235. Impounding of Stray Animals. - There is hereby imposed the
impounding and to corral roaming and stray domesticated animals and livestock/farm animals
and imposing penalties, fees and charges thereof. The impounding of poultry animals shall
likewise be imposed only in primary and secondary growth centers, urban centers and residential
subdivisions. Poultry animals roaming around in agricultural or rural areas are exempted.
Stray animals - any animal is considered stray if it is not accompanied by its

owner and found wandering, roaming, separated from the main group or outside
of its owner's residential lot premises or privately land and thus found along
streets, plazas, markets school premises and other public places. Stray animals
shall include not only dogs, cats and other related domestic pets, but also poultry
animals like duck, chickens, rooster and other related poultry animals as well as
cattle like goats/sheep, cow, carabao, horse, pig and other related livestock and
farm animals.
B.
Poultry animals - domestic fowls such as chicken, ducks, goose, etc.
C.
Agricultural areas - area for cultivation and raising of food crops, farming,
breeding and raising of livestock
D.
Rural areas - pertaining to the countryside or place outside urban areas.
E.
Urban centers - refers to poblacion areas or thickly populated communities.
SECTION 237. Implementing Agency. - The City Veterinary Office shall implement
the impounding and to corral the captured stray animals in accordance with this Code.
SECTION 238. Poundage fee. - There shall be collected the following poundage fee
for food and maintenance of the impounded stray animals.
Poundage Fee Per Day
(for food and maintenance)
- P10.00
a)
Poultry Animals
(chicken, duck and the like)
b)
Domesticated Animals
(dog, cat and the likes)
- P20.00
c)
Farm/Livestock Animals
(carabao, horse, goat/sheep
cow, pig and the like)
- P50.00
SECTION 239. Penalties. - Aside from the daily poundage fee, as violation of this
Code, there shall be a penalty fee of the following charges and schedule:
a)
b)
c)
poultry animals
domesticated animals
farm/livestock animals
-P30.00
-P50.00
-P300.00
SECTION 240. Poundage Ticket. - The poundage and penalty fee shall be paid to
the City Treasurer's Office upon the issuance of a POUNDAGE TICKET from the City
Veterinary Office before the release of the impounded animal to its owner.
SECTION 241. Posting and Publication. - A public notice/advertisement shall be
posted and/or announced at conspicuous places by the City Veterinary Office within three (3)
days thereafter the capture of the said stray animal.
SECTION 242. Failure to Redeem. - When the owner of such stray animal whether
domesticated, poultry or livestock/farm animal fails to redeem the corralled and impounded
animal within three (3) days from notice, advertisement and/or announcement by the city
government thru the City Veterinary office in coordination with the City Treasurer's Office is
authorized to sell such corralled and impounded animal in a public auction to cover the cost and
expenses incurred during the impounding of such animal.
SECTION 243. Proceeds of Poundage Fee. - The proceeds of the poundage fee,
penalty and sale shall be paid directly to the City Treasurer's Office while the expenses incurred
during the impounding period will be charged to the Regular Maintenance Operating Budget of
the City Veterinary Office.
SECTION 244. Public Auction. - If after the public auction sale of such impounded
animal is unsold and the owner failed to redeem the same, the City Government thru the City
Veterinary Office is authorized to execute a humane approach technique to perish the
domesticated animal as to avoid further maintenance and other operating expenses. For the case
of farm/livestock animals and poultry animals, the city has the option to adopt it in support to the
City Livelihood Dispersal Program to be managed by the City Veterinary Office.
SECTION 245. Certification. - For the case of a captured stray insane dog, the City
Veterinarian or its authorized personnel should have/make a certification manifesting the sanity,
color, kind or any identification before killing the animal which will be kept by the office
concerned for execution of evidence if and when an owner may claim the same.
CHAPTER 2: VIDEOKE
SECTION 246. Coverage. - All videoke and karaoke machine operators in the Island
Garden City of Samal comprising the three (3) Districts for business and/or entertainment
purposes.
Videoke - refers to musical instrument/equipment/component with high

volume speakers which produces loud music/sounds.
B.
Entertainment - a source or means of amusement or an act of entertaining

through a public performance.
C.
Soundproof - resistant to the penetration or spread of sound or obstruct

the passage of sound.
D.
Operator - includes the owner manager, administrator or any other person

who operates or is responsible for the operation of a business
establishment or undertaking.
E.
Business Purpose - for commercial activity that is intended for profit.
F.
Enclosed Room - a room exclusively used for entertainment/amusement

purposes that sounds would not be heard outside which is considered as
soundproof.
G.
Districts - the former municipalities of Babak (District I), Samal (District

II) and Kaputian (District III) which were merged into a city of the Island
Garden City of Samal per RA 8471.
H.
Special Occasion - are legal holidays and holidays proclaimed by the

President of the Philippines, Araw Celebration of the city and barangays,
patronal fiesta, valentines day, birthday, wedding, baptismal, inauguration,
anniversary and other similar occasion.
I.
Commercial Area - an area within the city for trading/services or

business purposes.
J.
Residential Area - an
dwelling/housing purposes.
area
within
the
city
principally
for
SECTION 248. Allowed operations in 24 hours. - Establishment with enclosed rooms

that are considered sound proof duly certified by the City Economic Enterprise Office and the
City Engineering Office.
Establishment within the designated area for entertainment/commercial purposes as
certified by the City Planning and Development Office in accordance with the City
Comprehensive Development Plan (CDP).
SECTION 249. Regulated Operations. The operation of Videoke machines in residential area is strictly prohibited unless:
A.
The place of operation is enclosed and soundproof;
B.
On special occasions, the allowed operation shall be from 6:00 AM to
12:00 PM, however at exactly 9:00 PM the volume shall be lowered to

in the inner and outer control of the machine.
C.
Videos or pictures in screen that displays naked bodies are strictly

prohibited.
D.
Minors below 18 years old and children are not allowed during school
hours in school days, however they are allowed during non school days
provided they will not stay beyond the curfew hours as specified in the
existing city ordinance on curfew.
E.
All microphones shall be sprayed with sanitizer, inspection by the City

Health Office shall be done monthly or as necessary.
Operation in areas near to school or any learning institutions, church or chapel shall be
fifty (50) meters radius away.
Closed Door Videoke/Karaoke bars are not allowed to hire workers and entertainers
below 18 years old. (Violators are sanctioned to the existing national laws)
SECTION 250. Enclosed Videoke Room. - Beach resorts, upland or inland resorts
with videoke/karaoke machines are allowed to operate, provided that videoke/karaoke rooms
shall be enclosed and considered as "sound proof" duly certified by the City Economic
Enterprise Office and City Engineering Office.
SECTION 251. Implementing Office. - The City Economic Enterprise Office in
coordination of the City Engineering Office shall be authorized to implement this Code.
The City Government may deputize the Barangay Government for the strict
implementation of the Code as amended, subject for their discretion.
SECTION 252. Implementing Rules and Regulations. - The City Mayor thru the City
Economic Enterprise Office shall formulate the Implementing Rules and Regulations for the
proper implementation of this Code.
SECTION 253. Penalty. - Any violations of the Code shall be penalized as follows:
1st Offense
Fine of P 500.00
2nd Offense
Fine of P 1,000.00
3rd Offense
Fine of not less than P 3,000.00 but not more than

P 5,000.00 and closure/ceased the operation of videoke or
imprisonment of not more than six (6) months or both such
fine and imprisonment at the discretion of the court.
SECTION 254. Funds collected from the Penalties. - If the implementation of this
Code is pursuant to 1st paragraph of Section 251, all funds collected from the penalties shall be
accrued to the general fund of the City Government. However, if such implementation is
pursuant to 2nd paragraph of Section 251 of this Code, the barangay which deputized for such
implementation shall receive fifty percent (50%) of funds collected and the remaining fifty
percent (50%) shall be accrued to the general fund of the City Government.
On special occasions where the operator would like to extend the specified time of
operation, they have to secure a permit from the Punong Barangay and pay the corresponding
permit fee.
SECTION 255. Exemptions. - For Barangay San Miguel of District II, the allowed
time of videoke/karaoke operation is only up to 10:00 PM daily as specified in their existing
barangay ordinance.
For Barangays in Talicud Island, the allowed time shall be up to 11:00 PM due to the
limited power supply operation, however other regulations under Section 249-A hereof shall be
observed.
SECTION 256. Requirement for Permit. - Videoke/karaoke operators when applying
for business permit/license shall be required to submit a Barangay Resolution from their
respective barangays allowing/approving their operation in conformity with the above
provisions.
CHAPTER 3: BANNING OF HOLEN GUN

SECTION 257. Definition of Terms. - As used in this Code, the following shall mean:
A.
Marble or Holen Gun - It is an improvised gun using PVC (polyvinyl

chloride) pipe for its barrel, wood for its butt, using marble as bullets, and
alcohol for its firing ignition.
B.
Minor - shall mean those person or individual whose age is 18 years old
and below;
C.
Banning - refers to the prohibition imposed by the Code of this city.
D.
Manufacture - refers to the production of improvised holen gun by hand

or machines.
E.
Selling - refers to the delivery or exchange of goods (holen gun) for

money.
F.
Acquisition - refers to the act of acquiring or gaining possession of holen

gun.
G.
Possession - refers to the act of ownership or control over the holen gun.
H.
Improvised - refers to the act of inventing or creating holen gun with

whatever available materials.
SECTION 258. Regulation. - It is unlawful to manufacture, possess or acquire, and

sell improvised gun known locally as "Holen Gun".
SECTION 259. Penalty. - Anyone who is found guilty violating this Code shall be
penalized in the following manner:
FOR MANUFACTURER
First Offense
accessories
Reprimand/Automatic Confiscation of Holen Gun, tools and
Second Offense
Fine of Three Thousand Pesos (Php 3,000) and confiscation of holen gun,
tools and accessories
Third Offense
Fine of Five Thousand Pesos (Php 5,000), confiscation of holen gun, tools
and accessories, and imprisonment of at least three (3) months but not
more than six (6) months at the discretion of the Court
FOR POSSESSOR
First Offense
Reprimand/Automatic Confiscation of Holen Gun
Second Offense
Fine of One Thousand Pesos (Php 1,000) and confiscation of holen gun.
Third Offense
Fine of Two Thousand Pesos (Php 2,000)
Confiscation of holen gun and imprisonment of at least one (1) month but not more than
three (3) months at the discretion of the Court
FOR SELLER
First Offense
Fine of P1, 000.00 and/or imprisonment of at least one

Month or both upon the discretion of the court, and
Outright confiscation of Holen Gun, its tools and accessories.
Second Offense
Fine of P3, 000.00 and/or imprisonment of at least 3

Months or both upon the discretion of the court, and
Third Offense
Fine of P5, 000.00 and/or imprisonment of at least 6
Months or both upon the discretion of the court, and

SECTION 260. Administrative Provision. - If the violator is a minor, the civil penalty
shall be imposed upon the parents or guardian.
SECTION 261. Implementation. - All Barangay Officials and Barangay Tanod or
CVO are hereby deputized to implement the provisions of this Code.
TITLE X
SOCIAL SERVICES
CHAPTER 1: FINANCIAL ASSISTANCE TO ALL VICTIMS OF CALAMITIES
SECTION 262. Coverage. - The following calamities which are covered from this
Code:
Man Made Disasters
Pandemic
Tsunami
Flood
Tidal waves
Volcanic Eruption
Fire
Natural Calamities
Earthquake
Landslide
Drought
SECTION 263. Definition of Terms. - As used in this Code, the following terms
phrases shall be mean as follows:
A.
Man made disasters - refers to the consequences of technological or

human hazards.
B.
Natural Calamities - refers to any natural occurrence that has a disastrous

effect on the area which occurs.
Fires - refers to unforeseen disaster occurs and damage the life and
property.
C.
D.
Tidal Wave - refers to usual (often destructive) rise of water along the
seashore caused by a storm or a combination of wind and high tide.
E.
Tsunami - refers to a cataclysm resulting from a destructive sea wave

caused by an earthquake or volcanic eruption.
F.
Famine - refers to a severe shortage of food resulting in violent hunger

and starvation in death.
G.
Earthquake - refers to a shaking and vibration at the surface of the earth

resulting from underground movement along fault plane from volcanic
eruption.
H.
Flood - refers to the rising of a body of waters and its overflowing onto
normally dry land.
I.
Landslide - refers to a geological phenomenon which includes a wide

range of ground movement, such as rock falls, deep failure of slopes and
shallow.
J.
Pandemic - refers to a widespread outbreak of an infectious disease in

which many people are infected at the same time.
K.
Victims - refers to an unfortunate persons (household/house owner/ family

renter) who shall suffer from some natural or man made calamities.
SECTION 264. Financial Assistance. - The City Government shall provide financial
assistance to all victims of calamities in the amount of Ten Thousand Pesos (P10,000.00) for the
dead and Five Thousand Pesos (P5,000.00) for the injured.
CHAPTER 2 - COMPREHENSIVE SCHOLARSHIP PROGRAM OF THE ISLAND
GARDEN CITY OF SAMAL
SECTION 265. Declaration of Policy. It is hereby declared the policy of the Island
Garden City of Samal to support free education to students of poor families and help them
achieve their fullest academic potential.
SECTION 266. Scope and Coverage. - This comprehensive scholarship program shall
only be available to poor but deserving high school graduates from public and private secondary
schools of Island Garden City of Samal who are yearning to take up baccalaureate degree and/or
technical/vocational courses. This program covers current (regular), past (out-of-school),
Lumads, Muslims and Alternative Learning System (ALS) graduates who are permanent
residents of the Island Garden City of Samal.
SECTION 267. Definition of Terms. - The meanings of the technical terms used in
this Code are as follows:
A.
Scholarship grant - an educational financial assistance extended to the

scholar of the City.
B.
Scholar/Grantee - the students accepted and qualified to avail of the

scholarship grant of the City under this Code who may enrolled in either
baccalaureate or technical/vocational courses.
C.
Baccalaureate Degree - an academic four or five year course leading to a
bachelor's degree (formal).

D.
Technical/Vocational Course - refers to a non-academic (skilled) course

with a maximum of two years schooling of the scholar.
E.
Lumads - those who belong to the so-called cultural communities or the

indigenous peoples (IP's) and are certified by their Supreme Chieftain.
F.
Muslims - the followers of the Islam religion and are certified by their
Muslim Datu.
G.
Regular graduates - those students who currently/recently finished their

secondary school.
H.
Out-of-school graduates - those students who finished their secondary

schooling in the past school years and have not yet enrolled in college.
SECTION 268. Composition and functions of the City Scholarship Committee. There shall be created a City Scholarship Committee (CSC) with the following composition and
functions.
A. Composition:
Chairperson
Vice-Chairperson
City Mayor
SP Chairman, Committee on Education and Culture
Members
All members of the SP Committee on Education and

Culture
City Legal Officer or any Representative
City Budget Officer or any Representative
City Treasurer Officer or any Representative
City Accountant Officer or any Representative
FABC President or any Representative
Representatives (2) from the Department of Education
(DepED) - Regular and ALS
Scholarship Coordinator, who shall act as head of the
Secretariat
B. Functions
1.
Formulates implementing guidelines or policies for the screening of

applicants
2.
Identifies the baccalaureate and technical/vocational courses that the City

Government shall offer, provided, that said courses can practically meet
the demands of the present economic and social trends as well as the
internal capacity of the City budgetary requirement

C. The Secretariat. There shall be a Secretariat to assist the Committee (CSC) in the
effective implementation of this Code. Its composition is subject to an Executive Order to
be issued by the Local Chief Executive. Its functions are:
1.
Evaluates and qualifies the documents submitted by the scholar in

accordance to the pertinent provisions of this Code;
2.
Assists the facilitation of the qualifying written examination and interview

of the student-applicants;
3.
Ensures the safekeeping of all records of the grantees;
4.
Evaluates the scholars every end of the semester to determine their status;
5.
Facilitates the processing of payment of the scholar's allowance;
6.
Prepares the Memorandum of Joint Undertaking between the qualified

scholar and the City Government;
7.
Performs other functions as deemed necessary in order to carry out

effectively and efficiently the Program.
SECTION 269. Standard Requirements for Applicants. To qualify for the

Scholarship Program, the applicant must have the following qualifications:
A.
A resident of the Island Garden City of Samal for at least five (5) years
and whose parents (natural or adoptive/or legal guardians are residents and
registered voters of the City. A certification from the COMELEC and the
barangay concerned are needed.
B.
A graduate from any secondary school (public or private) within the Island
Garden City of Samal.
C.
The applicant for the baccalaureate course must have obtained a general
average of at least 82 in his/her senior year in high school with no final
grade below 80 in any of the subjects reflected in Form 138, known as the
Report Card.
D.
The applicant for technical/vocational course must have obtained a general

average of at least 80 in his/her senior year with no final grade below 75 in
all the 4th year subjects.
E.
The applicant should not be a recipient of any government or

non-government scholarship grant.
F.
The annual taxable income of the applicant's family must not exceed
P144,000.00.
G.
Only one member of the family in each year shall be allowed to avail
either the baccalaureate or technical/vocational scholarship grant.
H.
The applicant graduate from the Alternative Learning System (ALS) must
have obtained the "PASSED" mark in his/her ALS report card
SECTION 270. Documentary requirements.

Any qualified applicant under this
Scholarship Program shall fill up an Application Form to be secured and provided by the
Secretariat, stating therein, among others the name, address, school graduated, and other personal
circumstances. The application form must be supported by the following documents:
A.
Form 138 - Report Card
B.
ALS report card
C.
Certification of exception from the Bureau of Internal Revenue (BIR)

with an annual gross income of the applicant's family of not more than
P144,000.00.
D.
Certification of good moral character either from the High School Adviser
duly attested by the School Principal or its counterpart.
E.
Certification from the Barangay tribal Chieftain for the LUMADS

applicant, from the Office on Muslim Affairs for the Muslim applicant and
from the Alternative Learning System (ALS) Division Office for the ALS
applicant.
F.
Certification from the Punong Barangay in order to determine that the

grantee is a true resident of the barangay of IGaCoS.
SECTION 271. Effect of non-compliance. Failure to comply the above stipulated

requirements by the scholar/grantee shall be considered a ground for disqualification from
availing any benefit provided for in this Code.
SECTION 272. Provision of scholarship slot per district. To properly distribute the
scholarship slot, the following shall be applied:
A.
DISTRICT
Allocation per District for Regulars

Number of
Scholars
Baccalaureate
(4 years)
Technical/Vocational
(2 years)
BABAK
SAMAL
KAPUTIAN
TOTAL
30
30
30
90
10
10
10
30
20
20
20__
60
B. Allocation per District for Lumads and Muslims

DISTRICT
BABAK
SAMAL
KAPUTIAN
TOTAL
Number of
Scholars
20
20
20
60
Baccalaureate
(4 years)
(2 years)
10
10
10
30
10
10
10__
30
C. Allocation per District for ALS and Out-of-School Youth

DISTRICT
BABAK
SAMAL
KAPUTIAN
TOTAL
Number of
Scholars
20
20
20
60
Baccalaureate
(4 years)
(2 years)
10
10
10
30
10
10
10
30
SECTION 273. Source of payment. - The City Government shall appropriate

substantial amount chargeable against its annual appropriation of the general fund of the City to
pay the school charges directly to the scholar in the amount of ten thousand pesos (P10,000.00)
every semester or twenty thousand pesos for the whole year. Proof of enrolment in the current
year and grades of the previous semester shall be submitted to the Scholarship Secretariat as
basis for the release of the said amount.
SECTION 274. Accredited courses. - The City Government through its City
Scholarship Committee shall determine and prioritize the baccalaureate degree and
competency-based technical/vocational courses to be offered for scholarship grant. The courses
to be taken should be from colleges/universities within Region 11, with the following
preferences:
A.
Colleges found within the Island Garden City of Samal;
B.
Those located within the Province of Davao del Norte; and
C.
Those within Davao City.
SECTION 275. Responsibilities of the grantee. - The grantee shall be obliged to:
A.
Maintain a general average of 83% for baccalaureate course and 80% for
technical/vocational course.
B.
Pass all the subjects in a given semester.
C.
Submit a certified true copy of grades to the City Scholarship Committee,

through its Secretariat, within a week after receipt thereof; and
D.
Comply other related responsibilities imposed by the City Scholarship

Committee. Should the grantee fails to meet the requirement provided on
item A and B, the scholarship is deemed terminated.
SECTION 276. Suspension of the grant/lifting of suspension. - The scholar/grantee

may apply for suspension of his/her scholarship due to the following reasons: (a) sickness; (b)
call for government compulsory duty, and (c) pregnancy. Suspension may be lifted upon proper
application with justification and approval from proper authority.
SECTION 277. Rights of Scholars. - Subject to the limitations prescribed by laws and
regulations, the scholar shall enjoy the following rights:
A.
The right to freely choose their course therein up to graduation, except in case of
academic deficiency, or violation of disciplinary regulations.
B.
The right to shift to alternative field of study within a period of one school year.
SECTION 278. Formulation of Implementing Rules and Regulation. - Upon approval

of the City Mayor, the City Scholarship Committee through its Secretariat, will convene to
formulate the Implementing Rules and Regulations (IRR) for an effective implementation of this
Code.
SECTION 279. Separability Clause. If, for any reason or reasons, any part/s or
provision/s of this Code shall be held unconstitutional or unlawful, the other part/s or provision/s
hereof which are not affected thereby, shall continue to be in full and effect.
SECTION 280. Repealing Clause. All ordinances contrary to or inconsistent with this
ordinance are hereby repealed, superseded or modified accordingly.
SECTION 281. Effectivity. This ordinance shall take effect immediately after fifteen
(15) days of its publication in the newspaper of local circulation or after posting for fifteen (15)
days at least in three (3) conspicuous places within the city.
ENACTED AND APPROVED this 18th day of December 2012.
CERTIFIED CORRECT:
JOSE ERSANTE M. FUERTES, MPA

Secretary to the Sanggunian
ATTESTED:
AL DAVID T. UY
City Vice Mayor
Presiding Officer
APPROVED:
ANIANO P. ANTALAN
City Mayor

2012 217

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

2012 217

Hochgeladen von

Copyright:

Verfügbare Formate

SANGGUNIANG PANLUNGSOD

5TH City Council

City Vice Mayor, Regular Presiding Officer

Liga President (DENR Office)

Be it ENACTED, by the Sangguniang Panlungsod of the Island Garden City of Samal in

Wooden Gavel symbolizes the authority of the members of the

Bougainvillea is a natural glimpse of the beauty that can be seen in this

Wreath labeled with "Sangguniang Panlungsod" with a marked "19" and

CHAPTER 2: FREE REGISTRATION DAY

Service fee for the registration of births and marriages

Legitimation (the process where a child born out of wedlock is considered

Certification fee/certified true copy/authentication fee for certificate of

Application for marriage license

SECTION 9. In case of Weekend or Holiday. - If the 27th day of February falls on

CHAPTER 4: RULES OF PROCEDURES GOVERNING ADMINISTRATIVE CASES

Disloyalty to the Republic of Philippines;

Culpable violation of the Constitution;

Dishonesty, oppression, misconduct in office, gross negligence, or

Commission of any offense involving moral turpitude or an offense

punishable by at least prision mayor;

Unauthorized absence for fifteen (15) consecutive working days, except in

Application for, or acquisition of, foreign citizenship or residence or the

JURISDICTION AND VENUE OF ACTION

By leaving copies of the summons at the respondent's residence with some

By leaving the copies at respondent's office or regular place of business

Advisability of amendment to the pleading;

Possibility of stipulation of facts;

Possible limitation of the number of witnesses to be presented;

SECTION 51. Extent of Cross-Examination. - In the cross examination of the

CHAPTER 6: ORGANIZATIONAL STRUCTURE AND STAFFING PATTERN

I. Transfer - is the movement of employee from one position to another

City Human Resource Management Officer

City Budget Officer

Three (3) representatives from the Sanggunian Panlungsod, one

One (1) representative from employees holding first level position

One (1) representative from employees holding second level

A representative of an employees association duly registered in

A representative of the Civil Service Commission may be requested by the agency to

Office of the City Mayor

Office of the City Engineer

Office of the City Mayor

Renaming can only be done once every ten (10) years.

Disloyalty to the Republic of the Philippines;

Culpable violation of the constitution;

Dishonesty, oppression, misconduct in office and neglect of duty;

Commission of any offense involving moral turpitude;

Unauthorized absences for three (3) consecutive Purok Council Meetings;

He/She shall maintain public order in the Purok;

He/She shall look after the general welfare of the Purok;

He/She will act as an ex-officio member of the Lupong Tagapamayapa,

Assist in the establishment, organization and promotion of cooperative enterprise

Organize regular lectures, programs and community assemblies to enlighten the

Register all new members of the Purok;

Assist in the preparation of all necessary election forms and other

Performed such other duties and functions as maybe described by this

Act as custodian of funds, financial records and Purok properties;

The Purok assembly shall be composed of all persons and/or households

The Purok Secretary or in his/her absence, any member may be designated

SECTION 93. Purpose of Purok Assembly. - The Purok Assembly shall:

Formulate consensus on important issues confronting the Purok.

Road - any concrete, asphalt or unpaved area for transportation purposes.

Public Structure - a man made structure owned publicly by local or

Naming after a living person shall not be allowed;