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REPUBLIC OF THE PHILIPPINES CITY OF ILOILO OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 42No REGULAR SESSION OF THE CITY COUNCIL OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, NEW CITY HALL BUILDING, PLAZA LIBERT AD, ILOILO CITY, ON TUESDAY, 10, NOVEMBER, 2015

PRESENT:

HON. JOSE S. ESPINOSA III City Vice Mayor &Presiding Officer

HON. LYNDON V. ACAP HON. REYLAND V. HERV!AS, Pres,LigangmgaBarangay	Member
HON.RODELF.AGADO	Member
HON. LADY JULIE GRACE L. BARONDA HON. R LEONE N. GEROCHI, (Asst. Floor Leader)	Member Member Ex-Officio Member Member
HON. ARMAND S. PARCON HON. EDUARDO L. PENAREDONDO, (Floor Leader) HON. LIEZL JOY ZULUETA-SALAZAR HON. JOSE EFRAIN G. TRENAS III	Member Member Member
HON. NIELEXC. TUPAS	Member
ABSENT:
HON. JOSHUA C. ALIM (Special Leave)	Member
HON. PLARIDEL C. NAVA, II (Special Leave)	Member

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REGULATION ORDINANCE NO. 2015-447

f.,11"' .i,~ 1.< AN ORDINANCE REGULATING THE OPERATION OF LODGING ~ 1J .J" ·"' HOUSES, PENSION HOUSES, INNS, HOTELS, MOTELS, APARTELLES

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AND OTHER SIMILAR ESTABLISHMENTS IN THE CITY OF ILOILO AND PROVIDING MECHANISMS THEREFORE AND OTHER PURPOSES

Sponsored by Councilor Liezl Joy-Zulueta Salazar, co-sponsored by Councilor Jose Efrain G. Trefias III, seconded by Councilor Lyndon V. Acap, Rode! F. Agado and Eduardo Pefiaredondo

WHEREAS, from RA 7610 declares that it is a state policy to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination and other conditions, prejudicial to their development which includes child labor and its worst forms; ii also sanctions for their commission and carry out program for prevention and deterrence, and crisis intervention in situations of child abuse, exploitation, and discrimination. The state shall intervene in behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same;

WHEREAS, the City of Iloilo, being a highly urbanized Local Government Unit of the Philippines which is a signatory to the United Nations Convention on the Rights of the Child ~ (UNCRC), is committed to promote the utmost interests and development of children and to protect their rights and privileges;

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Page 2. Regulation Ordinance No. 2015-447. Nov. 10. 2015

WHEREAS, there is a need to enact an ordinance that would redound to the greater benefits

of the youth sector of society, protect their rights and to properly safeguard their welfare amidst the harsh realities of the present day society;

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of the City ofiloilo, in session duly assembled, that:

Section 1. Title - This ordinance shall be known as "The Ordinance Regulating the

Operation of Lodging Houses, Pension Houses, Inns, Hotels, Motels, Apartelles, and Other Similar Establishments in the City oflloilo and Providing Mechanisms Therefore and for Other Purposes".

Section 2. Definition of Terms - For the purpose of this ordinance, the following terms are hereby defines as follows:

• a. Child/Minor - shall refer to a person below eighteen (18) years of age, or one over said age and who, upon evaluation of a qualified physician, psychologist, or psychiatrist is found to be incapable to take care of himself/herself because of a physical or mental disability or condition, or of protecting himself/herself from abuse;

• b. Child Abuse- refers to the infliction of physical or psychological injury, cruelty to, or neglect, sexual abuse, or exploitation of a child;

• c. Sexual Abuse - includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in sexual intercourse or lascivious conduct or the molestation, prostitution, or having incestuous relationship with children;

• d. Exploitation - means the hiring, employment, persuasion, inducement, or coercion of a child to perform in obscene exhibitions and indecent shows, whether live or in video or film, or to post or act as a model in obscene publications or pornographic materials, or to sell or distribute said materials;

• e. Lascivious Conduct - means the intentional touching, either directly or through clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into genitalia, anus, or mouth, of any person, whether of the same or opposite sex with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or private area of a person;

• f. Apartelle/ Apartment - any building or edifice containing several independent furnished or semi-furnished apartments, regularly leased to tourists and travelers for dwelling, on a more or less long term basis and offering basic services to its tenants, similar to hotels;

• g. Hotel - includes any house or building or portion thereof in which a person may be regularly harbored or received as transient or guests. A hotel shall be considered as living quarters and shall have the privilege to accept any number of guests and to serve food to the guests therein;

• h. Lodging House - includes any house or building, or portion thereof, in which any person or persons may be regularly harbored or received as transient for compensation. Taverns and inns shall be considered as lodging houses;

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Page 3. Regulation Ordinance No. 2015-447, Nov. 10, 2015

• 1. Motel (Motorist Hotel)- includes any house or building or portion thereof, in which any person or persons may be regularly harbored or received as transient or guest and which is provided with a common enclosed garage or individually enclosed garages where such transients or guests may park their motor vehicles;

• J. Pension House- a private, or family operated tourist boarding house, tourist guest

house or tourist lodging house, employing non-professional domestic helpers,

regularly catering to tourist and/or travelers, containing several independent lettable

rooms, providing common facilities such as toilet, bathrooms/showers, living and dining rooms and/or kitchen and where a combination ofboard and lodging may be

provided;

• k. Beach Resorts - a coastal holiday resort with a beach open 24/7 contatn1ng bedrooms, shower that caters tourists, travelers, or group having a special event; Se<tion 3. - Prohibited Acts

  • a. It shall be unlawful for any person who, not being a relative of a minor, is found alone with the said minor inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle, or other similar establishments, vessels, vehicle, or any hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse;

  • b. It shall be unlawful for any person who shall engage in trafficking with children including but limited to, the act of buying and selling of a child for money, or for any other consideration, or barter;

  • c. It shall be unlawful for any person who shall keep or have in his company a minor, below 18 years of age or who is ten (10) years or more his junior and is not a family member in any lodging houses, hotels, motels, beer joints, discotheques, cabarets, pension houses, saunas or massage parlors, beach resorts or similar places;

  • d. It shall be unlawful for any person who shall hire, employ, use, or persuade, induce or coerce a child to perform in obscene publications or pornographic materials or to sell or distribute the said materials;

Section 4. Any establishments mentioned in Section 3 (a) shall be required to _post notices on the entrance door or gate or any conspicuous place in their establishments such as "NO ENTRY/ADMITTACE TO MINORS'' to Lodging Houses and Motels.

Section S. Duties and Responsibilities of owner/operator and/or person- It shall be the duty and responsibility of the owner, operator or person entrusted to take charge or the lodging house, motel, inn and other similar establishments to institute measures to prohibit minors to get inside the premises except in the company of the family members.

Section 6. Procedure in checking. NO ENTRY/ADMITTANCE OF MINORS. Any person attempting to check-in with a minor or any vehicle with minor/son board who wish to enter in any lodging house, motel, inn and other similar establishments must be checked and inspected by the Security Guard on duty to ensure that there is no restricted minor inside the vehicle before it is allowed to be accommodated.

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Section 7. Mandatory Reporting ~ Any owner/operator or person entrusted with the operation of the lodging house, motel, hotel, inn and other similar establishments shall report immediately, either verbally or in writing, to the Law Enforcement Unit should be specified either

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Page 4. ReguiationQrdinance No. 2015-447, Nov. 10. 2015

police or tanod, City Social Welfare Office and Barangay Officials concerned for any violation

or possible reach out.

Section 8. Failure to Report - Failure of the owner, manager or person entrusted with the operation of lodging house, motel, hotel, inn and other similar establishments concerned to report

a possible child exploitation shall be punishable with a fine of Five Thousand Pesos (P 5,000.00)

and imprisonment for 1 year.

Section 9. Implementing Agencies - Task Force on Moral Recovery and Boarding House Iloilo City Commission in coordination with DSWD, police and or barangay officials concerned.

Section 10.

Exemptions- When the minor is actually and personally accompanied by

his/her parents or guardians who are in-charge of his/her care and custody.

Section 11. Penalty- Any person, owner, manager, or in-charge of any lodging houses, motels, inns and other similar establishments found violating this ordinance shall be meted with a find of P 5,000,00 and imprisonment of one (1) year and possible cancellation of business permit, as determined by the Office of the Mayor. In case the offender is a corporation, partnership, association or similar entity, the President or Manager shall be held liable for the offense.

Sec:tion 12. Separability Clause - If any provision of this ordinance shall be declared invalid or unconstitutional by appropriate court, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 13. Effectivity Clause - This ordinance shall take effect upon approval.

ENACTED. November 10, 2015.

I hereby certify to the correctness of the above q

ATTESTED AND CERTIFIED TO BE DULY ENACTED:

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L"« -·"'UPAS

residing Officer

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UrHH. ARROYO

SP Secret~

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