PRESENT: Hon. Harris Glenn D.

Puyot, City Vice Mayor

Presiding Officer
Hon. Robert N. Cong, SP Member
Hon. Ernie M. Ceniza, SP Member/Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Lito B. Bulasa, SP Member
Hon. Nieva C. Famador, SP Member
Hon. Alicia C. Funcion, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Ernesto G. Tapales, SP Member
Hon. Leo M. Jongko, SP Member
Hon. Phillip D. Ramirez, SP Member
Hon. Rufo O. Dagani, Jr., SP Member/Liga ng Barangay Pres.
Hon. Keziah Shaira B. Angel, SP Member/City SK Fed. Pres

ABSENT: None.

CITY ORDINANCE NO. 2011-018

AN ORDINANCE STRICTLY IMPLEMENTING THE
PROVISIONS OF REPUBLIC ACT 9994, AN ACT GRANTING
ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR
CITIZENS AND FOR OTHER PURPOSES.

WHEREAS, Republic Act No. 9994 provides the following objectives,

to wit:

a.) To recognize the rights of senior citizens to take their proper

place in society and make it a concern of the family, community,
and government;
b.) To give full support to the improvement of the total well-being of
the elderly and their full participation in society, considering that
senior citizens are integral part of Philippine society;

c.) To motivate and encourage the senior citizens to contribute to

nation building;

d.) To encourage their families and the communities they live with
to reaffirm the valued Filipino tradition of caring for the senior
citizens;

e.) To provide a comprehensive health care and rehabilitation

system for disabled senior citizens to foster their capacity to
attain a more meaningful and productive ageing; and

f.) To recognize the important role of the private sector in the

improvement of the welfare of senior citizens and to actively
seek their partnership.

Page 1 of 17
City Ord. No. 2011-018 - -- - /
Page 2 - - - - - - - - - - - - - - - /

WHEREAS, consonant with these objectives, the City Government of

Cabadbaran aims to establish mechanisms whereby the provisions of
Republic Act 9994 will be fully implemented in the City thereby the
privileges and benefits of the said act shall be enjoyed fully by the senior
citizens.

BE IT ORDAINED by the 2nd Sangguniang Panlungsod of the City of

Cabadbaran, Agusan del Norte, in its 52nd Regular Session assembled, that:

SECTION 1. STATEMENT OF POLICY – It is the policy of the City

Government of Cabadbaran to protect, promote and enhance the rights
granted by law to the senior citizens, especially the statutory benefits and
privileges afforded to them. To this end, the City Government of Cabadbaran
shall adopt reasonable measures to make the benefits and privileges under
RA 9994 concerning essential goods, medical care, and other social
services for the elderly, accessible and are availed of.

SECTION 2. DEFINITION OF TERMS -

(a) Senior Citizen or elderly – refers to any resident citizen of the

Philippines at least sixty (60) years old as defined in RA 9994,
Senior Citizens Expanded Act of 2010.

(b) Government Establishments – refer to agencies providing

utilization of services for a fee such as license and permits office,
treasurer’s office, civil registrar’s office, land transportation
terminals.

(c) Commercial Establishments – refer to private establishments

that cater to public, such as water, telephone and electric
companies; financial and lending institutions such as banks;
shopping malls; supermarkets; fast food chains and outlets; and
pharmacies or drug stores.

(d) Retailers – refer to any natural or juridical person engaged in the

business of selling consumer products directly to consumers, which
shall include among others, supermarkets, grocery stores,
convenience and mini-convenience stores and shops but excluding
stalls in food courts, food carts, food vendors and sari-sari stores
with a capitalization of less than One Hundred Thousand Pesos
(P 100,000.00), public and private wet markets, “talipapa” and
cooperative stores.

Page 2 of 17
City Ord. No. 2011-018 - -- - /
Page 3 - - - - - - - - - - - - - - - /

SECTION 3. OSCA-ISSUED SENIOR CITIZENS' IDENTIFICATION

CARD - For the availment of benefits and privileges under this Ordinance,
the senior citizen, or his/her duly authorized representative, shall present as
proof of eligibility, a valid and original Senior Citizens' Identification Card
issued by the Head of the Office of Senior Citizens Affairs (OSCA) of the
place where the senior citizen resides, and which shall be honored
nationwide.

In the event that the retailer or establishment has reasonable doubt as

to the identity of the senior citizen availing the discount, the retailer may
request the senior citizen to present any other government identification
document, whether nationally or locally issued indicating an elderly’s birth
date or age, which include but not limited to driver’s license, voter’s ID,
SSS/GSIS ID, PRC card, postal ID.

SECTION 4. DISCOUNT ON BASIC NECESSITIES AND PRIME

COMMODITIES – Every senior citizen shall enjoy a special discount of five
percent (5%) of the regular retail price, without exemption from the value-
added tax (VAT), of basic necessities and prime commodities. As determined
by the Department of Trade and Industry, the “Basic Necessities” and “Prime
Commodities” are as follows:

a. Basic Necessities –
1. Rice

2. Corn

3. Bread, in any shape and name, excluding pastries and cakes

4. Fresh, dried and canned fish and other marine products

5. Fresh pork, beef and poultry meat

6. Fresh eggs

7. Fresh and processed milk

8. Fresh vegetables including root crops

9. Coffee and coffee creamer

10. Sugar

11. Cooking oil

Page 3 of 17
 12. Salt

13. Powdered, liquid, bar laundry and detergent soap

14. Firewood

15. Charcoal

16. Candles

b. Prime Commodities –

1. Fresh fruits
2. Flour

3. Dried, processed and canned pork, beef and poultry meat

City Ord. No. 2011-018 - -- - /

Page 4 - - - - - - - - - - - - - - - /

4. Dairy products not falling under basic necessities

5. Canned sardines, tuna

6. Noodles

7. Onions

8. Garlic

9. Geriatric diapers

10. Herbicides

11. Poultry, swine and cattle feeds

12. Veterinary products for poultry, swine and cattle

13. Nipa shingle, plyboard and construct nails

14. Batteries

15. Electrical supplies and light bulbs

16. Steel wire

The total amount of said purchase shall not exceed the amount of One
Thousand Three Hundred Pesos (PhP 1,300.00) per calendar week without
carry over of the unused amount. Provided, that said amount shall be spent
on items listed under (a) and (b) of this Section commensurate to his/her
personal and exclusive consumption and/or enjoyment within the calendar

Page 4 of 17
week. Provided, further that said amount shall be spent on at least four (4)
kinds of items listed under Section 5 (a) of this Ordinance.

SECTION 5. PURCHASE BOOKLET – A purchase booklet shall be

presented to the retailer every time a purchase of basic necessities and
prime commodities listed under Section 5 (a) and (b) is made. The purchase
booklet shall be distributed by the OSCA. The purchase booklet shall contain
the name of the senior citizen, the list of basic necessities and prime
commodities mentioned-above. In addition, it shall also provide columns for
the name of retail establishment and its address, date of purchase and the
amount spent for the purchase thereof.

SECTION 6. AUTHORIZED REPRESENTATIVE – A senior citizen who

cannot personally purchase basic necessities and prime commodities under
Section 5 (a) and (b) of this Ordinance may, by written authority, appoint a
representative to transact with the retailer on his/her behalf. The authorized
representative shall be required to present a valid government issued
identification document together with the OSCA-issued identification
document of the concerned senior citizen and an authorization letter. A
prescribe form of authorization shall be provided by the OSCA.

SECTION 7. PRIVILEGES FOR THE SENIOR CITIZENS - Senior

citizens who are holder of OSCA-issued Senior Citizens’ Identification Card
shall be entitled to the following:

City Ord. No. 2011-018 - -- - /

Page 5 - - - - - - - - - - - - - - - /

7.1 Twenty Percent (20%) Discount and VAT Exemption -

The senior citizens shall be entitled to the grant of twenty
percent (20%) discount and to an exemption from the value-
added tax (VAT), IF APPLICABLE, on the sale of the goods and
services from all establishments for the exclusive use and
enjoyment or availment of senior citizens.

7.1.1 Medical Related Privileges -

(a) Medicine and Drug Purchases - The 20% discount and

VAT exemption shall apply to the purchase of generic or
branded medicines and drugs by or for senior citizens,
including the purchase of influenza and pneumococcal
vaccines. The 20% discount and VAT exemption shall also
be granted to the purchase of vitamin and mineral
supplements which are medically prescribed by an
attending physician for prevention and treatment of
diseases, illnesses, or injuries.

Page 5 of 17
 (b) Essential Medical Supplies, Accessories and
Equipment - The 20% discount and VAT exemption
privilege shall also apply to the purchase of eyeglasses,
hearing aids, dentures, prosthetics, artificial bone
replacements like steel, walkers, crutches, wheelchairs
whether manual or electric-powered, canes/quad canes,
geriatric diapers, and other essential medical supplies,
accessories and equipment by or for senior citizens.

(c) Medical and Dental Services in the Private Facilities -

Medical and dental services, diagnostic and laboratory tests
such as but not limited to X-Rays, computerized
tomography scans, and blood tests, that are requested by a
physician as necessary for the diagnosis and/or treatment
of an illness or injury are subjected to the 20% discount
and VAT exemption.

(d) Professional Fees of Attending Physician/s in all

private hospitals, medical facilities, outpatient clinics and
home health care facilities shall be subjected to the 20%
discount and VAT exemption.

(e) Professional Fees of Licensed Health Workers

Providing Home Health Care Services as endorsed by
private hospitals or employed through home health care

City Ord. No. 2011-018 - -- - /

Page 6 - - - - - - - - - - - - - - - /

employment agencies are entitled to the 20% discount and

VAT exemption. The burden of the discount shall be borne
solely by the employment agency given the health worker's
very minimal share compared to the agency fee.

7.2 Domestic Transportation Privileges -

(a) Air and Sea Transportation Privileges - Fare for

domestic air, and sea travel, including advanced booking,
shall be subject to the 20% discount and VAT exemption, if
applicable.

(b) Public Land Transportation Privileges – Fares in buses

(PUB), jeepneys (PUJ), taxi and shuttle services (AUV) and
tricycles, are likewise subject to the 20% discount and VAT
exemption, if applicable.

Page 6 of 17
 7.3 Discounts from all establishments – There shall be at least
twenty percent (20%) discount from selective commercial
establishments including government and private
hospitals/clinics within the City of Cabadbaran, Agusan del
Norte, relative to the utilization of all services in hotels and
similar lodging establishments, dental and medical
clinics/hospitals, restaurants and recreation centers for the
exclusive use or enjoyment of senior citizens.

(a) Hotels and Similar Lodging Establishments - The

discount shall be for room accommodation and other
amenities offered by the establishment such as but not
limited to hotel-based parlors and barbershops,
restaurants, massage parlor, spa, sauna bath,
aromatherapy rooms, workout gyms, swimming pools,
Jacuzzis, ktv bars, internet facilities, food, drinks and other
services offered. The term "hotel" shall include beach and
mountain resorts.

The discount will only apply to senior citizens. No discount

will be given to companion who is not a senior citizen.

(b) Restaurants - The discount shall be for the purchase of

food, drinks, beverages, dessert and other consumable
items served by the establishments offered for the
consumption of the general public including value meals
and other similar counters, fast food, cooked food and short

City Ord. No. 2011-018 - -- - /

Page 7 - - - - - - - - - - - - - - - /

orders including take-out foods. To safeguard the

establishments from abuse of this privilege, it must be
personally availed of by the senior citizen, and no proxies
or authorization in favor of another person who is not a
senior citizen will be honored.

The phrase "exclusive use and enjoyment" of the senior

citizen shall mean "for the senior citizen's personal
consumption" only. As such, the 20% senior citizen
discount shall not apply to "children's meals" which are
primarily prepared and intentionally marketed for children.
Similarly, the 20% senior citizen discount shall not apply to
"pre-contracted" party packages or bulk orders.

Food, drinks and other consumable items purchased by the

senior citizen shall be processed separately as an
independent transaction from his/her non-eligible

Page 7 of 17
 companions to ensure that it is for his/her exclusive
consumption and to enable computation of the 20%
discount and the exemption from the Value Added Tax
(VAT), which only the senior citizen is entitled to.

However, if the group of diners is composed entirely of

senior citizens, all of whom present valid senior citizens
IDs, each shall be entitled to a 20% discount and
exemption from Value Added Tax.

b.1 For Delivery Orders, the 20% discount shall likewise

apply subject to certain conditions; i.e. senior citizen ID
card number must be given while making the order over
the telephone; the senior citizen ID card must also be
presented upon delivery to verify the identity of the
senior citizen entitled to the 20% discount.

(c) Sports and Recreational Centers - The discount shall be

for the utilization of services in the form of fees, charges
and rental for all sport facilities and equipments, including
venues for ballroom dancing, badminton courts, table or
lawn tennis, workout gyms, martial arts facilities.

(d) Admission Fees Privilege - The discount shall be applied

to admission fees charged by theaters, cinema houses and
concert halls, circuses, carnivals, and other similar places of
culture, leisure and amusement such as museums and
parks within Cabadbaran City, Agusan del Norte, and shall
be granted for the exclusive use or enjoyment of senior
citizens.

City Ord. No. 2011-018 - -- - /

Page 8 - - - - - - - - - - - - - - - /

(e) Funeral and Burial services - The beneficiary or any

person who shall shoulder the funeral and burial expenses
of the deceased senior citizen, shall claim the discount upon
presentation of the death certificate. Such expenses shall
cover the purchase of casket or urn, embalming, hospital
morgue, transport of the body to intended burial site in the
place of origin, but shall exclude obituary publication and
the cost of the memorial lot.

7.4 Credit Card Payments - The 20% discount and VAT exemption
shall also apply to purchases of goods and services by
senior citizens paying through credit cards.

SECTION 8. NO DOUBLE DISCOUNTS - In the purchase of goods

and services which are on promotional discount, the senior citizen can avail

Page 8 of 17
of the establishment's offered discount or the discount provided herein,
whichever is higher and more favorable.

In cases where the senior citizen is also a person with disability (PWD)
entitled to a discount under his/her valid PWD identification card (ID), the
senior citizen shall use either his/her OSCA-issued ID card or PWD ID card to
avail of the discount.

SECTION 9. OTHER PRIVILEGES OF SENIOR CITIZENS -

9.1 Income Tax Exemption - The senior citizen shall be entitled

to exemption from the payment of the individual income tax,
provided he/she is considered to be minimum wage earner in
accordance with Republic Act No. 9504.

9.2 Exemption from Training Fees - The senior citizen shall be

exempted from training fees for socio-economic programs
conducted by private and government agencies like the DTI,
the Department of Labor and Employment (DOLE), the DA, the
Technical Education and Skills Development Authority (TESDA)
and the Department of Science and Technology - Technology
Resource Center (DOST-TRC).

9.3 Free Medical and Dental Services in Government

Facilities - Medical and dental services, diagnostic and
laboratory tests requested by the physician such as but not
limited to X-rays, computerized tomography scans, and blood
tests availed of by senior citizens, including professional fees of
attending doctors in all government hospitals, medical facilities,

City Ord. No. 2011-018 - -- - /

Page 9 - - - - - - - - - - - - - - - /

outpatient clinics, and home health care services, shall be

provided free of charge to senior citizens. These shall be in
accordance with the rules and regulations to be issued by the
DOH, in coordination with the PHILHEALTH.

9.4 Free Vaccination for Indigent Senior Citizens - The DOH

shall administer free vaccinations against the influenza virus
and pneumococcal disease for indigent senior citizen patients.
Neglected, abandoned, unattached or homeless senior citizens
in government-run residential homes, centers and facilities
shall likewise be entitled to free vaccinations.

Page 9 of 17
 9.5 Educational Privileges - Educational assistance shall be
granted to senior citizens to pursue post secondary, post
tertiary, as well as vocational or technical education in both
public and private schools through provision of scholarships,
grants, financial aid, subsidies and other incentives to qualified
senior citizens, including support for books, learning materials,
and uniform allowance, to the extent feasible: Provided, that
senior citizens shall meet minimum admission requirements.

9.6 Benefits and Privileges for Retirees - To the extent

practicable and feasible, the senior citizens shall be granted the
continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security
System (SSS) and PAG-IBIG, as the case may be, as are
enjoyed by those in active service.

SECTION 10. UTILITY DISCOUNTS -

10.1 Five Percent (5%) Discount on Monthly Utilization of

Water and Electricity - The grant of a minimum of five
percent (5%) discount relative to the monthly utilization of
water and electricity by households with senior citizens;
Provided, That the individual meters for the foregoing
utilities are registered in the name of the senior citizen
residing therein: provided, further, that the monthly
consumption does not exceed one hundred kilowatt hours
(100 kWh) of electricity and thirty cubic meters (30m') of
water: Provided, furthermore, that the privilege is granted
per household regardless of the number of senior citizens
residing therein.

City Ord. No. 2011-018 - -- - /

Page 10 - - - - - - - - - - - - - - - /

To avail of the discount under this Section, the senior

citizen shall:

1. Apply for the discount personally or thru a representative.

There shall be annual renewal of application to the utility
provider.

2. Submit requirements:
a. Proof of age and citizenship
b. Proof of billing. Meter registration should be in the
name of the senior citizen for a period of one year

Page 10 of 17
 c. Proof of residence

10.2 Fifty (50%) Discount for DSWD-accredited Senior

Citizens Centers and Residential Care Institutions or
Group Homes - The grant of a 50% discount on all
electricity, water, telephone consumption for DSWD-
accredited senior citizens centers and residential care
institutions or group homes that are government-run or
organized and operated by non-stock, non-profit domestic
corporations, primarily for the purpose of promoting the
well-being of abandoned, neglected, unattached or homeless
senior citizens.

Such senior citizens centers and residential care or group

homes must have been in operation for at least six (6)
months and must have a separate meter for said
utilities/services.

SECTION 11. EXPRESS LANES PRIVILEGES – (a) Considering

their special conditions, express lanes for senior citizens is hereby mandated
to be provided in all government and private commercial establishments
including government and private hospitals/clinics this includes banks,
groceries, drugstores, clinics, hospitals and other establishments and
government offices usually visited by the senior citizens in the City of
Cabadbaran in order to give them faster service.

(b) For establishments with a limited space and cannot provide an

express lane, the staff are required to prioritize or attend to the needs of the
senior citizens ahead of other customers.

City Ord. No. 2011-018 - -- - /

Page 11 - - - - - - - - - - - - - - - /

(c) All government agencies and offices, as well as

owners/proprietors/managers of private establishments shall ensure that
this provision is implemented within their area of jurisdiction.

SECTION 12. TAX DEDUCTION OF ESTABLISHMENTS - The

establishment may claim the discounts provided herein as tax deductions
based on the cost of the goods sold or services rendered; Provided, That the
cost of the discount shall be allowed as deduction from the gross income for
the same taxable year that the discount is granted; Provided, further, That
the total amount of the claimed tax deduction net of VAT, if applicable, shall
be included in their gross sales receipts for tax purposes and shall be subject

Page 11 of 17
to proper documentation and to the provisions of the National Internal
Revenue Code (NIRC), as amended.

SECTION 13. VIOLATIONS OF SENIOR CITIZEN’S BENEFITS

AND PRIVILEGES -

13.1 Violations in Discounted Medicine Purchases - The following

acts concerning drug and medicine purchases are considered
violative of the provisions of the Act and its Rules:

13.1.a A senior citizen or his/her representative or a

person misusing the privileges by:
1) using several purchase booklets;
2) availing of the discounts to buy medicines, drugs,
medical accessories and supplies not for the use of
the senior citizen;
3) unauthorized use of the identification card of the
senior citizen.

13.1.b A medical practitioner giving prescription to other

persons in the name of the senior citizen or giving
anomalous prescription.

13.1.c Retailers and establishments dispensing medicines:

1) refusing to grant the full 20% senior citizens

discount and VAT exemption on drug and medicine
purchases paid via credit card;
2) making a distinction between branded and generic
drugs and medicines in giving the 20% discount;

City Ord. No. 2011-018 - -- - /

Page 12 - - - - - - - - - - - - - - - /

3) posting notices and signages telling customers that

availment of the 20% discount is limited to cash
purchases only;
4) "limiting" of discountable drug and medicine
purchases to certain weekdays only, such that senior
citizens cannot avail of the 20% discount on other
days; and
5) restricting the purchase time or period for senior
citizen discounts after a certain hour.

13.2 Violations in Discounted Food Purchases - The following

acts concerning food purchases are considered violative of
the provisions of the Act and its Rules:

Page 12 of 17
 13.2.1 Pegging a maximum amount of food purchase
subject to 20% discount and the VAT exemption,
and/ or posting of notice to that effect;

13.2.2 Refusal to grant the 20% discount and VAT

exemption on take -out/ take home/ drive-thru
orders it appearing that the purchase is for the
exclusive use and enjoyment of senior citizens;

13.2.3 Refusal to grant a 20% discount and VAT

exemption on delivery orders it appearing that the
purchases is for the exclusive use and enjoyment of
senior citizens.

SECTION 14. PENALTIES - Any person who refuses to honor the

senior citizen card or violates any provision of this Ordinance shall suffer the
following penalties: (PROVISO)

FIRST OFFENSE : Fine of Three Thousand Pesos

(Php 3,000.00)
SECOND OFFENSE : Fine of Four Thousand Pesos
(Php 4,000.00)
THIRD OFFENSE : Fine of Five Thousand Pesos
(Php 5,000.00) and a cancellation or
revocation of the business permit.

Provided, that said act of refusal to render service/transact business

with/admit such senior citizen is committed within the territorial jurisdiction
of Cabadbaran City without regard to whether the offended senior citizen is a
resident of Cabadbaran City or not; Provided, further that the offender is a
resident of or has business establishment in Cabadbaran City.

City Ord. No. 2011-018 - -- - /

Page 13- - - - - - - - - - - - - - - /

If the offender is a corporation, partnership, organization or any

similar entity the officials thereof directly involved such as the president,
general manager, managing partner, or such other officer charged with the
management of the business affairs shall be liable therefore.

SECTION 15. MONITORING COUNCIL – A monitoring council shall

be organized thru an executive order from the City Mayor to protect the
senior citizen’s rights. It shall be composed of:

Chairperson : Office of the Senior Citizens Affairs

(OSCA) Head

Page 13 of 17
 Co-Chair : City Social and Welfare Development Officer
Members : * SP Chair of Committee on
Elderly
* SP Chair of Committee on
Commerce, Trade and Industry
* SP Chair of Committee on Health
* FSCAP President
* City Health Officer
* City Engineer
* City Permits and Licensing Officer
* City Legal Officer
* DTI Representative
* BIR Representative
* LTO Representative

CSWD OFFICE will act as the secretariat of the CCCMC.

15.1 Functions – The Cabadbaran City Coordinating and Monitoring

Council (CCCMC) shall have the following functions:

a. Formulate a Plan of Action for Senior Citizens in coordination

with concerned government agencies and other stakeholders;
b. Develop an effective monitoring and reporting system towards
an efficient, consistent and uniform implementation of the law;
c. Develop and institute effective and innovative approaches and
methods with which to address emerging concerns of the senior
citizens;
d. Coordinate the programs and projects of government agencies
with responsibilities under RA No. 9994 and these Rules;
e. Coordinate the conduct of City information, education, campaign
and other advocacy activities on RA No. 994;

City Ord. No. 2011-018 - -- - /

Page 14 - - - - - - - - - - - - - - - /

f. Monitor the conduct of orientation, training and other capability

building programs to maximize the contributions and
participation of senior citizens;
g. Coordinate the conduct and evaluation of the plan of action,
research and documentation of good practices and disparities for
policy and program development; and
h. Prepare yearly accomplishment report to the Office of the City
Mayor, Cabadbaran City and the concerned national and regional
government.

15.2 Monitoring Team – To insure the efficiency of this Ordinance, a

Monitoring Team is hereby created, hereinafter referred to as the “Team”.

Page 14 of 17
 15.2.1 Composition – The Team shall be composed of five (5)
members. Three of which shall be selected from among the members of the
Council, and the two members shall be employees of the Local Government
to be chosen by the City Mayor of Cabadbaran from among the nominees
submitted by the Council.

15.2.2 Functions – The Team shall have the following functions:

a. Act as the executing arm of the Council.

b. Perform activities that will ensure the effective
implementation of this Ordinance.
c. Assist in the filing of any complaints by Senior
Citizens regarding the denial of any benefits and
privileges under RA 9994.

SECTION 16. PROCEDURE IN FILING OF COMPLAINT – All

complaints in connection with violations of this Ordinance shall be
commenced by filling-up a complaint form prescribed by the OSCA Office
and submitting the same to the OSCA Head who shall promptly evaluate the
said complaint form, to determine relevance and completeness of facts
narrated therein and if there is a need, assist the complainant establish the
relevant facts and write the same in the complaint form.

The complaint form may be filled-up personally by the Senior Citizen

whose right has been allegedly violated or with the assistance of any
member of his family or with any officer of any duly organized senior citizen
group/association or with the proper officer in the OSCA Office.

The complaint shall specify the name of the complainant; his/her age;
the name of the person/s or establishment complained of; the date and
approximate time of the commission of the violation; the alleged acts or
omissions constituting the alleged violation; if possible, the name/s of known
persons who may have witnessed the incident; and any other evidence to
support the allegations therein.

City Ord. No. 2011-018 - -- - /

Page 15 - - - - - - - - - - - - - - /

Within 48 hours from the filing of the complaint, the OSCA office shall
forward the records of the complaint to the city Legal Officer or in his
absence, the City prosecutor who shall be responsible for the review of the
complaint and filing the same to the Municipal Circuit Trial Court for
adjudication. A copy of the complaint shall be furnished by the OSCA Office
to the Office of the Senior Citizen Affairs (OSCA) for proper documentation
and monitoring.

This procedure shall also apply to complaints filed in connection with

violations of the rights of the Senior citizens under Republic Act No. 9994
otherwise known as the "Expanded Senior Citizens Act of 2010" and any

Page 15 of 17
other laws, national or local, protecting the rights of the senior citizens. The
OSCA office shall see to it that the copy of the complaint form shall be
provided for.

SECTION 17. FUNDING – for the OSCA office to be functional, a

minimum amount of 100,000 shall be allocated in the annual appropriation
of the City Government, thru the CSWD office.

SECTION 18. EXCLUSIVITY – The above-mentioned privileges are

available only to senior citizens who are holder of an OSCA-issued Senior
Citizens' Identification Card.

SECTION 19. SEPARABILITY CLAUSE – If, for any reason, any

section or provision of this Ordinance is declared unconstitutional or invalid,
the other section or provisions thereof which are not affected thereby shall
continue to be in full force and effect.

SECTION 20. SUPPLETORY CLAUSE – The provisions in this

ordinance shall be suppletory to any applicable law.

SECTION 21. EFFECTIVITY CLAUSE – This Ordinance shall take

effect immediately upon approval and compliance of posting requirements.

ENACTED AND APPROVED: SEPTEMBER 7, 2011

Author : HON. ALICIA C. FUNCION

Co-authors : HON. NIEVA C. FAMADOR
HON. RAYKITO M. KITTILSTVEDT
Movant : HON. ALICIA C. FUNCION
Seconder : HON. NIEVA C. FAMADOR

City Ord. No. 2011-018 - -- - /

Page 16 - - - - - - - - - - - - - - - /

CERTIFIED CORRECT:

HARRIS GLENN D. PUYOT

City Vice Mayor
Presiding Officer

ROBERT N. CONG ERNIE M. CENIZA

SP Member SP Member/Plenary Floor Leader

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 SALUTARIO B. CUASITO LITO B. BULASA
SP Member SP Member

NIEVA C. FAMADOR ALICIA C. FUNCION

SP Member SP Member

RAYKITO M. KITTILSTVEDT ERNESTO G. TAPALES

SP Member SP Member

LEO M. JONGKO PHILLIP D. RAMIREZ

SP Member SP Member

RUFO O. DAGANI, JR. KEZIAH SHAIRA B. ANGEL

SP Member/Liga ng Barangay Pres SP Member/City SK Fed.
Pres.

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod Submitted to the
Mayor:
Date: _____________

DALE B. CORVERA
City Mayor
lmb43rdrs
ctord.2011-018

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