ORDINANCE NO.

AN ORDINANCE AMENDING CERTAIN PORTIONS OF ORDINANCE NO. 96-2624

ENTITLED: AN ORDINANCE AMENDING CERTAIN PORTIONS OF ORDINANCE NO. 96-
2610 AND ORDINANCE NO. 96-2610 ENTITLED: AN ORDINANCE IMPOSING CURFEW
HOURS FOR ALL PERSONS BELOW 18 YEARS OLD AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF

BE it ordained by the Sangguniang Panglungsod of Cavite City, that:

SECTION 1. Section 2 of Ordinance No. 96-2624 is hereby amended to be read as

follows:

SECTION 2. No minors shall be allowed on the streets, commercial

establishments, thoroughfares and public places such as parks, cemeteries and
other similar places in the City of Cavite during the curfew hours between 10:00
oclock at night up to 4:00 oclock of the following morning unless
accompanied by their parents or their guardian who must be of age, or covered
by the exemptions setforth in the following sections:

SECTION 2. Section 6 of Ordinance No. 96-2610 is hereby amended to be read as

follows:

SECTION 6. Any Barangay Captain or any of his duly authorized

representatives in their respective barangays, or any Police, who tolerates or
willingly refrains from apprehending minors liable under this Ordinance shall
suffer the penalty of a fine not less than Five Hundred pesos (Php
500,000.00) but not more than Two Thousand pesos (Php 2,000.00), or an
imprisonment of not less than five (5) days but not more than twenty (20)
days, or both, upon the sound discretion of the Court.

SECTION 3. Section 7 of Ordinance No. 96-2610 is hereby amended to be read as

follows:

SECTION 7. Any person who misrepresents himself to be the parent of guardian

of such minors covered by this Ordinance shall suffer the penalty of a fine not
less than Five Hundred pesos (Php 500.00) but not more than Two
Thousand pesos (Php 2,000.00), or an imprisonment of not less than five
(5) days but not more than twenty (20) days, or both, upon the sound
discretion of the Court.

SECTION 4. Section 9 of Ordinance of No. 96-2610 is hereby amended to be read as

follows:

SECTION 9. Penalty Clause Any person found violating this Ordinance shall
suffer the following penalties:
 a. For the first offense, the offending minor, together with his/her parent or
guardian, shall attend an orientation regarding this Ordinance and
Republic Act No. 7610 (Special Protection of Children Against Abuse,
Exploitation and Discrimination Act), which shall be facilitated by the
Social Worker;

b. For the second offense, the minors parent or guardian shall render
community service in favor of the City for twenty (20) hours within
fifteen (15) days, under the direct supervision of the Social Worker. If, in any
case, the parent or guardian is incapable of rendering such service, he must
pay a fine of Two Thousand and Five Hundred pesos (Php 2,500.00). If
the parent or guardian is incapable of the payment of the fine, he shall suffer
imprisonment of not less than fifteen (15) days.

c. For the third offense, the minors parent or guardian shall render community
service in favor of the City for forty (40) hours within thirty (30) days,
under the direct supervision of the Social Worker. If, in any case, the parent
or guardian is incapable of rendering such service, he must pay a fine of Five
Thousand pesos (Php 5,000.00). If the parent or guardian is incapable of
the payment of the fine, he shall suffer imprisonment of not less than thirty
(30) days.

The minors parent or guardian shall suffer criminal liability provided for under
Section 10 (Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Childs Development) of Republic Act No. 7610,
after the filing of the necessary complaint with the City Prosecutor.

d. Provided, however, that students who are attending night schools, students
coming from extra-curricular activities of their school or organization wherein
their attendance is required or otherwise indispensable, and minors who are,
by virtue of their employment, required to stay outside their residents after 10
oclock in the evening are not covered under this Ordinance and shall not
suffer the penalties imposed thereof, upon presentation of a certification or a
valid I.D. issued by the school, or a valid I.D. issued by the employer.

SECTION 5. Let a new Section be inserted after Section 10 of Ordinance No. 96-2624,
which shall be read as follows:

SECTION 11. Enforcement The local PNP shall enforce this Ordinance by
conducting roving patrols during curfew hours. Apprehended minors shall be
brought to the Police Station for verification and record purposes, after which the
minor shall be turned over to the DSWD.

The Barangay Officials and Tanods shall assist in the implementation of their
Ordinance in their respective barangays by monitoring and reporting violators to
the local PNP.
 SECTION 6. Let a new Section be inserted after the proposed amended Section 11,
which shall be read as follows:

SECTION 12. A minor apprehended under this Ordinance who appears to be

under the influence of illegal drugs shall undergo validation by and shall be under
temporary custody of the local PNP. If the minor apprehended appears to be
under the influence of alcohol, said minor shall be referred to the City Social
Welfare and Development Office for validation.

SECTION 7. Let a new Section be inserted after the proposed Section 12, which shall be
read as follows:

SECTION 13. An apprehended minor residing outside the territorial jurisdiction

of the City of Cavite shall be held for not more than 6 hours and shall be referred
immediately to the Local Government Unit concerned.

A minor who is homeless, abandoned or neglected or has no known parent,

relative or guardian residing in the City of Cavite shall be referred, within 12
hours or at the earliest office hours from the time of apprehension, whichever
comes first, to the custody or care of the City Social Welfare and Development
Office.

SECTION 8. Separability Clause If any part or provision of this Ordinance shall be held
unconstitutional, other parts or provisions hereof which are not affected thereby shall continue in
full force and effect.

SECTION 9. This Ordinance shall take effect upon its approval.