FOR THIRD & FINAL READING:

DRAFT ORDINANCE NO. 01-s-2011 Introduced by Hon. Paulita R. Galleros AN ORDINANCE PROMOTING ELEMENTARY AND HIGH SCHOOL EDUCATION IN PANAON, MISAMIS OCCIDENTAL AND PROHIBITING CERTAIN ACTIVITIES THAT HINDER SCHOOL CHILDREN FROM ATTENDING CLASSES BE IT ORDAINED by the Sangguniang Bayan of Panaon, Misamis Occidental, that: Section I. Title. This Ordinance may be cited as The Promotion of Elementary and High School Education in Panaon, Misamis Occidental Section II. Long Title. The object of this Ordinance is to promote elementary and high school education in Panaon, Misamis Occidental by enforcing free compulsory elementary and secondary education and preventing drop-outs in both levels of education. This Ordinance also requires all households in the barangays to contribute to the improvement of elementary education. This Ordinance also seeks to prevent smoking cigarettes, and buying and selling of alcoholic beverages in school compounds. This Ordinance also prohibits activities which hinder students from going to school and attending classes. Section III. Interpretation. In this Ordinance, unless the context otherwise requires: 3.1. Elementary school going age means the age from five to eleven years, that is 5 years old for kindergarten and 6-11 years old for elementary. 3.2. Secondary school going age means the age from twelve to seventeen years, that is 12-17 years old for secondary broken down into junior high school from 12-15 years old and senior high school from 16-17 years old. 3.3. School age children means both elementary school children and high school children. 3.4. Elementary school means every private or government institution in which elementary education takes place in the District of Panaon. 3.5. Capacity to attend school means the condition in which a child can reasonably be expected to attend school. 3.6. Guardian means any other person than a parent taking care of a child. 3.7. Authorized officer means the District Supervisor or any other person to do an act as authorized by the District Supervisor. This also means the School Principal or any person to do the responsibilities of the School Principal in the case of a secondary school. 3.8. School compound means any place where learning takes place whether elementary, high school or college. 3.9. School day means any day of the week when classes are held.

3.10.School hour means any time from 7:15 oclock in the morning to 11:45 oclock noon and from 12:45 oclock in the afternoon to 4:30 oclock in the afternoon. This may vary depending upon the approved school program provided the eight-hour requirement daily is met. 3.11.Suspension means not allowing the child to report to school as punishment. 3.12.Expulsion means not allowing the child to enroll in school as a punishment. 3.13.Places frequented by children includes, but not limited to, roads and streets, parks and plazas, churchyards, and school compounds. 3.14.General parents teachers association or homeroom parents teachers association means the existing organization duly recognized by the school during the school year. 3.15.Junk food refers to food lacking nutritional balance, food that does not form part of a well-balanced diet, especially highly processed, high-fat snack items eaten in place of or in addition to regular meals. Section IV. Enforcement of the Compulsory Elementary and Secondary Education Policy. School going age children to attend school 4.1 Every parent or guardian of a child shall cause such a child to enter and complete elementary and secondary education provided that the child has capacity to attend school education. 4.2 No child shall be compelled to drop or shall willingly drop out of school. 4.3 It is, therefore, unlawful for any person or a school to compel a child to drop out of school unless the act of the school is in compliance with an existing policy or an agency memorandum order pertaining to the matter. Non attendance and dropping out 4.4 No school age child shall be retained out of school by any parent or guardian or by the school as termed as suspension or expulsion. 4.5 No person shall employ or cause to be employed or subject to work any child during school hours. 4.6 During school hours, children of school going age should be in the school compound of their schools, unless they have been granted permission by the school in writing. Completion of education by child 4.7 It shall be the duty of every parent or guardian to ensure that the school age child goes to school and remains in school until he/she completes elementary or secondary education or is twelve years old or seventeen years old, whichever occurs first. 4.8 Any person who encourages or causes a school age child to drop out of school or to incur an absence commits an offense.

Interest in school going child by parent or guardian 4.9 At least one parent or guardian of the school age child shall every year attend meetings of the General Parents Teachers Association (General PTA) and Homeroom Parents Teachers Association (Homeroom PTA) or special meetings arranged by the class adviser. In case of inavailability of the parent or guardian for Home PTA meetings, a representative may be admitted provided he is at least eighteen years old and a person of confidence to the concerned parent or guardian. Section V. Self-Help by Communities. Contribution to elementary and secondary school education by community members 5.1 Any authorized officer, through the Office of the Barangay Captain where the school is located, can call for self-help by the parents or guardians of children in school and on voluntary basis, community members for improving the school facilities for a minimum of 10 days per household per year or a financial contribution of One Hundred Pesos (P100.00), which is equal to the work done on the self-help day; provided, that the self-help day being called for is agreed by the General PTA or Homeroom PTA, as the case may be. Parents of children in school and residing in another barangays can also be called for the same purpose through the Barangay Captains of these barangays. 5.2 Any authorized officer can call through the Homeroom Parents Teachers Association for assistance from the parents of food for each school going child in the amount or in any other form as agreed by the parents per supplemental feeding session being scheduled. Section VI. Alcoholic Beverages and Junk Foods in School Compounds or Within 100 Meters from School Compounds. Selling and buying of alcoholic beverages and selling and buying of cigarettes in school compounds or within 100 meters from school compounds 6.1 Selling of alcoholic beverages or selling of cigarettes in school compounds or within 100 meters from school compounds is an offense and anyone carrying out such an activity shall be guilty of an offense. 6.2 No parent or guardian is supposed to use a child for purposes of selling or buying of alcoholic beverages or selling, buying or lighting of cigarettes. 6.3 It is unlawful for anyone to drink liquor or smoke cigarette in any school. It is also unlawful for anyone to report to school for whatever purpose under the influence of liquor.

6.4 Posting of materials advertising cigarettes or alcoholic beverages in school compounds or within 100 meters from school compounds is an offense and anyone carrying out such act shall be guilty of an offense. Selling of junk foods in school compounds or in areas within one hundred (100) meters from school compounds 6.5 Selling of junk foods in school compounds or in areas within one hundred (100) meters from school compounds is an offense and anyone carrying out such an activity shall be guilty of an offense. Section VII. Prohibited Acts Which Corrupt the Minds of School Children. Acts which hinder school children from attending classes or which influence school children to lose interest to attend classes 7.1 Operation of videogame machine, videoke machine or any other game or amusement which derails the interest of the school child to go to school is not allowed within 100-meter radius from any school campus. 7.2 Any internet caf, videogame machine, videoke machine operator or incharge or operator of any other game or amusement which derails the interest of the school child to go to school, who allows school children to use internet, videogame or videoke and others during a school day from 7:00 AM to 12:00 noon and 1:00 PM to 5:00 PM shall be guilty of an offense. 7.3 An individual who does any of the following acts in places frequented by school children commits an offense: 7.3.1 Betting/Gambling in any manner/Game of chance (riparipa, hulbot-hulbot, etc.) 7.3.2 Smoking cigarette 7.3.3 Drinking liquor or alcoholic drink 7.3.4 Playing with gamecocks or game fowls 7.4 Selling or showing of pornographic materials is an offense. 7.5 Any school child who brings a cellular phone or any other communication gadget in school during class hours shall be guilty of an offense. In case of emergency or for a valid purpose, calls or text messages may be coursed through the school authorities. 7.6 No student should be refused to attend classes for any reason during a school day unless after due process consistent with the policies of the school. 7.7 No student should dwell or stay temporarily or permanently in a dwelling house without the supervision of a mature person designated as guardian. The offense rests in the parent or guardian, or in the operator of the boarding house in case of any violation to this provision. 7.8 No school age child should stay up late at nighttime past 9:00 oclock in the evening in public places like roads and streets, plazas and parks, public buildings and structures, videoke bars, marketplaces, vicinity of stores, and the like, during a day when the following day is a schoolday.

Section VIII. Enforcement of this Ordinance. Punishment of negligent persons 8.1 Any authorized officer or any other person who receives due information about an offense taking place or having taken place, but refuses to take appropriate action (in case of an authorized officer) or inform the authorized persons (in case of any other person) commits an offense. 8.2 Any person guilty of an offense under part 8.1 of this ordinance shall be subjected to a reminder by the Local Chief Executive in the first offense and in the succeeding offense, shall pay a fine not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months or community services not exceeding two months. Penalties 8.3 Any parent, guardian or other person who contravenes the provision in part 4.1-4.4 of this ordinance shall be liable to a fine of One Thousand Pesos (P1,000.00) or community services not exceeding one week or term of imprisonment not exceeding two weeks. 8.4 Any child who contravenes section 4.5 of this ordinance shall be brought to the Municipal Social Welfare and Development Office with the parent or guardian for a reminder. In the succeeding offenses, the parent or guardian or any person or organization shall be liable to a fine of Two Thousand Five Hundred Pesos (P2,500.00) for every offense. 8.5 Any school child who contravenes the provision in part 4.6 of this ordinance shall be called to the Municipal Social Welfare and Development Officer for a reminder together with the parent or guardian in the first offense. In the succeeding offenses, the parent or guardian shall be called to a conference in school and the school child shall be subjected to the penalty as reflected in the school policy. 8.6 Any parent or guardian who contravenes the provision in part 4.7 of this ordinance shall be liable to a fine of One Thousand Pesos (P1,000.00) or community services not exceeding one week or term of imprisonment not exceeding two weeks. 8.7 Any person who commits offense under section 4.8 of this ordinance is liable to a fine not exceeding Two Thousand Pesos (P2,000.00) or a term of imprisonment not exceeding two months or community services not exceeding two months. In case the offense is marrying an under-aged girl or impregnating her, then the penalty will be based upon the national laws of the Philippines covering this offense. 8.8 Any parent or guardian who contravenes section 4.9 shall be either liable to a fine of Fifty Pesos (P50.00) or community services not exceeding two days. 8.9 Any person who misses a self-help day as defined under 5.1 shall be fined Two Hundred Pesos (P200.00) per missed day. 8.10 A person who fails to pay the alternative of One Hundred Fifty Pesos (P150.00) as defined under 5.1 within one month, will be fined Two Hundred Pesos (P200.00).

8.11 Any parent who fails to pay as defined under section 5.2 will be liable to a penalty of community service for one-half day. 8.12 Any person guilty of an offense in sections 6.1, 6.2, 6.3 and 6.5 of this ordinance shall pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months or community services not exceeding two months for every offense. 8.13 Any person who commits an offense under section 6.4 of this ordinance is liable to a fine not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months. 8.14 Any person who commits an offense under section 7.1 of this ordinance is liable to a fine not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months. 8.15 Any person who commits an offense under section 7.2 of this ordinance is liable to a fine not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months or a community service for two (2) months. 8.16 Any person who contravenes section 7.3 of this ordinance shall be fined not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months or community services not exceeding two months. If the violator is a school child, he shall be called to the Office of the Municipal Social Welfare & Development with the parent or guardian for a reminder and for community service for one day by both parent or guardian and child. 8.17 Any person who commits an offense under section 7.4 of this ordinance shall be fined Two Thousand Five Hundred Pesos (P2,500.00) and the pornographic materials shall be confiscated and burned in public by the offending person and the representatives of the Municipal Social Welfare & Development Office and the Municipal Police Station. If the violator is a school child, he shall be called to the Office of the Municipal Social Welfare & Development with the parent or guardian for a reminder and for community service for one day by both parent or guardian and child. The provision of confiscation and burning of the materials is also complied. 8.18 Any school child violating section 7.5 of this ordinance shall be subjected to a community service for one day plus the confiscation of the cellular phone which shall only be returned to the parent or guardian after a reminder with both the parent or guardian and the school child. 8.19 Any school official found committing an offense under section 7.6 of this ordinance shall be fined Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months. 8.20 Any person who commits offense under section 7.7 of this ordinance is liable to a fine not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or a term of imprisonment not exceeding two months or community services not exceeding two months. 8.21 Any school child found guilty under section 7.8 of this ordinance shall be brought to the Municipal Social Welfare and Development Office with the parent or guardian for a reminder and to do a community service for one day by both parent or guardian and school child. Section IX. Effectivity. This Ordinance shall come in force after its approval by the Sangguniang Panlalawigan.

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