neil if buiroue LUNGSOD.NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD 4 R 032-2681542 CEBU CITY HALL \ TEL. NOS. prere October 35408604 Ms. Omer Villanova ral Perit cs TERS Tire! CHAIN P office Cebu City (Lagesmger) UF Legislakive Bidg- Sirf Magam: . The 14% Sangguniang Panlungsod of Cebu City is’ cordially inviting you or your representative to attend and participate in @ PUBLIC HEARING during its Regular Session on October 18, 2016 (Tuesday) at 1:00 o'clock in the afternoon at the Dofia Eva Macaraeg Macapagal Session Hall, 4 Floor of the Legislative Building, Cebu City Hall relative to the proposed ordinance of Member Sisinio M. Andales, entitled: “AN ORDINANCE REQUIRING ESTABLISHMENTS ENGAGED IN THE HOTEL INDUSTRY TO PUT UP A POSTER OR NOTICE AGAINST HUMAN TRAFFICKING AND PROVIDING PENALTIES THEREOF,” per SP Resolution Nos. 14-0371-2016 and 14-0371A-2016 dated 20 September 2016. ‘The Commitee on Laws in its Committae Report initially recommends that in order to harmonize the City’s inances against human trafficking, this proposed megsure will be considered as an amendment to Cebu City No. 2163, otherwise known as the "Cebu Anti-Trafficking in Persons Ordinance," But to avoid wasting time -ause the proposed measure provides for penal sanctions it is now considered for public hearing. ‘The Cebu City Inter-Agency Council Against Trafficking (CCIACAT) is conferred with some powers under Section 8 of City Ordinance No. 2163 and it has realized that one of the areas where human trafficking can be committed are within the hotel industry. The hotel industry is defined in one of the Whereas clauses of tha proposed measure being “all forms of business relating to the provision of accommedation in lodging, food and drinks and various types of other services that are interconnacted and form intendad for the public service, both of which use the lodging facilities or who simply se the services or the production of certain services of the hotel.” ‘The CCIACAT believes that @ poster stating clearly that Cebu City will not tolerate human trafficking is a deterrent to the commission of the crime on human trafficking and will serve as a reminder to all concerned. City Ordinance No, 2163 takes inspiration from Republic Act No, 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003° which was formally signed into law on May 28, 2003. Sections 2, 3 and 4 of the proposed ordinance stipulate for details on the Poster, Compliance and Penalty, hereunder quoted, to wit: jection 2. Poster — The size of the postor shall be 11" x 17". Font size shall be no less than 48. The inscription in the poster shall state “Zero Tolerance for Human Trafficking, We will report any suspicious activity and cooperate with the law enforcement in the investigation of cases.” The poster shall be placed at the front entrance door of the establishment and should be visible enough to the public. Section 3. Compliance ~ To give sufficiont time to all affected establishments, they are given a period of sixty (60) days from effectivity of this Ordinance to comply with the same. Suction 4, Panaity ~ For tive first violation of noncompliance, the estabiisiments shall be reminded in writing that they should put up the Poster. For the succeeding violations, the establishment shall be fined a penalty of 7,000.00 per visit, For every infraction, a formal notice shall be sent by the CCIACAT and the establishment shall be given only five (5) days to comply. Failure to heed or comply after the third visit will result to a continued assessment of penalties and/or recommendation of closure of business to the Office of the Mayor for appropriate action.” Relative thereto, may we request that you submit & Position Paper on the proposed ordinance to guide the City Council ring is final dalberation on the matter, Please refer io the attached proposed measure and related documen's for your reference, Likewise, we would like to inform that attendees to'the public hearing shall observe the House Rules of the City Council to wear appropriate attire. The wearing of slippers, shorts and sleeveless T-shirts are not allowed inside the Session Hall. For related inquiries, you may call the SP. Secretariat Office through Maria Lourdes A. Garilos, Local Legislative Staff Officer I at telephone numbers 254-9004 and 254-3807. Thank you very much, BY AUTHORITY OF THE SANGGUNIANG PANLUNGSOD. On CYNTHIA M. KAHULUGAN ns Acting Secretary to the SP InlsgRPT FROM THE MINUTES OF 7 me SANGGUNIANG PANLUNGS' SESSION HALL Ol ITs PRESENT: ‘Vice Mayor Edgardo C. Labella Coun. Eduardo R. Rama Jr. Coun, James Anthony R, Cuenco oun, Jocelyn G. Pesquera oun, Raymond Alvin N. Garcia Coun, Sisinio M. Andelas Coun, Eugenio F. Gabuya sr oun, Nendell Hanz L. Abella Coun, Pastor M, Aloaver dr. ‘Coun, Avvin B. Arcilla oun, Joss C, Dalz I ‘Soun. Mary Ann C. de los Santos ‘oun, Joel C. Gerganera Coun, Jery L. Guardo oun. Margarita V. Osmefia oun, Joy Augustus G. Young Soun Pili 8. Zatra ON OFFISIAL BUSINESS: } Coun, David. Tumulek inva ABSENT: None, « Prosiding Officer {Presiding Oiicer Pro Tempore { Majory Floor Leedor "4s" Assistant Majory Floor Leeder “god Assistant Majority Floor Leader 1. Minority Floor Leder “Assistant Minority Floor Leader Member « Membar « Membat Member Member RESOLUTION NO, 14-03718-2018 ‘The Sengguniang Panlungsod of the Clly of Cebu, as moved by Member Garcia and saconded by Member Suardo; RESOLVED, to conduct a Public Hearing on October 18, 2016 on the proposed Ordinance of Member Sisinio M. Andeles, entilled: ‘AN ORDINANCE REQUIRING ESTABLISHMENTS ENGAGED IN THE HOTEL INDUSTRY TO PUT UP A POSTER CR NOTICE AGAINST HUMAN TRAFFICKING AND PROVIDING PENALTIES THEREOF," per SP Resolution No. 14-0371-2016 to disouss the legality or non- legally of sams, a8 well as the reasonableness or unreasonableness of the means used to achieve the ends desired by it, iy RESOLVED FURTHER, to inviie varlous stakeholders including owners/propristors of hotel ‘estavlishments in Cebu City; an association of hotst operators In Cebu Clty; representatives from the police ‘and from the National Police Commission; the Media, Non-Government Organizations involved in the crusade against human trafficking: civil society groups such as the Rotary Club, end the Academe; and RESOLVED FURTHERMORE, that in inviting these groups, a copy of this Commilise Report, as ‘well as the proposed Ordinance should be attached; and for the convenience of this Sanggunian and, 2s well as “hat of the public, said groups should be requésted to bring with thern a Position Paper (discussing the legally or non-legality of the proposed Ordinanea, as well as the reasonableness or unreasoneblenessTTANGGAPAN CEBU CITY : He of the means used to achieve the ends desired D convenisnily submit a written version thereof. ait CARRIED UNANIMOUSLY. fidembars Abella, Arcilla, dé los Santos. Gabuya Jr. 1M, Osmefia and Pesquera were out) Jolt 000" \ hereby cerliy fo the correctness of the aforsquoted resolution, On. -=CYNTHIAM, KAHULUGAN Acting Seoretary to the Sangguniang Pankungsod ATTESTED: EDGARDO LA Presiding Ottiese ee okeOSEIRANGPICIPINAS CUNGSOD NG CEBU “INO GARAN NG SANGGUNIANG PANLUNGS: ; 1 SION 4 SANGGUNI PANLUNGSOD Regular cere aio i. aay i 3 BY THE eT FROM THE MINUTES OF THE REGULAR SESSION HELD ek SANGGUNIANG. PANLUNGSOD) OF THE CITY OF CEBU IN its SESSION HALL ON det 0, 2016. E ere es llayrEegerdo ©. Lebel Presiding Officer ala Coin ElordeR Remar Prasdng Officer Pro Temporo Coun, Jamas Anthony R, Cuenca Meloy Foor Leader Coun, Joslyn 6, Pesquera 1 Assltant Meloy Flor Lezder Coun. Raymend Alvin N. Garcla 2 Assistant Meloily Floor Leader Coun, Sisinlo M, Andales Coun, Eugenio F. Gabuya Jr. ‘Minority Floor Leeder Assistant Minority Floor Leader Coun, Nendell Han L. Abela Member Coun, Pastor M. Alcover Jr. Member Coun, Alvin 8, Avia Member Coun. Jose C. Daluz Ill Member Coun, Mary Ann C. de los Santos Member Coun, Jos! C. Garganera Member Coun Jerry L. Guardo Member Coun, Margarita V, Osmefia Member Coun, Joy Augustus G, Young Member Coun, Philp S, Zatra Mamnber ON OFFICIAL BUSINESS: Coun,DavidF.Tumuk saa Membr ASSENT: None =--000--- SSOLUTI 44-0371-2046 _ The Sangguniang Panlungsod of the City of Cebu, aoting on the report end recommendation of the Committee on Laws, Ordinancas and Siying, as moved by Member Garcia, Chairperson of the same, end seconded by Member Guardo; RESOLVED, to approve the Committee Report of the Commiitae on Laws, Ordinanoss and Styling daled September 20, 2016, quoted in ful as follows: “COMMITTEE REPORT ‘SUBJECT: Referred to the Committee on Laws, Ordinances and Styling for comments and recommendations is the proposed Ordinance of Member Sisinlo I. Andales, entitled: ‘AN ORDINANCE REQUIRING ESTABLISHMENTS ENGAGED IN THE HOTEL INDUSTRY TO PUT UP_A POSTER OR NOTICE AGAINST HUMAN TRAFFICKING AND PROVIDING PENALTIES THEREOF.” COMMENTS AND OBSERVATIONS: ‘This Commitlee observes that tke proposed. Ofckiance provides for penel sanctions fora violation of ts provisions. As sue, this Commitee finés the need ts hold public hearings where all stakeholders shall bo int i atand,S=POBLIKSROPIDEINAS LUNGSOD NG CEBU SNGGARAN NG SANGGUNIAN qryeunoss Stakeholders insdfer as this prop ed. Ordinance, ae concemed include ownersiproprietors of hotel establishmants In Cebu City; an association of hotel operators in Cebu City; representatives from the police and from the Nationsl Police Commission; the Media, Non-Government Organizations involved in tho crusade against human traficking; olvllsoolety groups such as the Rotary Club, and the Academe, They should be invited during the public hearing to clscuss the legally or non-legelity of the proposed Crdinanea, as well as the reasonableness or unreasonableness of the means used to ‘achlave tha ends desired by it. Should the proposed Ordinance be passed, the posting and publication requirements provided for in Seclon 511 of RA. No, 7160 or the Lozel Government Code 1991 should be complied with, which provides: ‘Section 511. Posting and Publication of Ordinances with Penal Sanctions. (2) Ordinances with penal sanolons shall be posted at prominent places in the provincial capital, cy, municipal or barangay hel,.as the case may be, for minimum period of three (3) consecutive weeks. Such ordinances shall also be published in @ newspaper of general clrculalon, where evalleble, witin the {ertitrial jurisdiction ofthe local government unit conosmed, except in the casa of barangay ordinances, Unless otherwise provided therein, said ordinances ‘shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later; (0) Any publi officer or employee who vilalas an ordinance may be meted administrative disciplinary acon, without prejucioo to the filng of the appropriate oii or criminal action; (0) The secretary to the sanggunian concemed shall yansmit offcial copies of such ordinencas to tne ‘executive officer of the Offee Gazatta within seven (7) days following the approval ofthe said ordinance for publication purposes. Tho Oficial Gazelle may publish ordinances with penal sanctions for archival and reference purposes, This Committee also suggests that in order to harmonize the City's Ordinances against Human Trafficking, the proponent should just propose the measures uncer this proposed Ordinances as en amendment to°Cabui Clty Ordinance No. 2163, otnerwiss known as the ‘Cebu Ant-Traficking In Persons Ordinanes.' However, In order to avoid wasting time, this Committes suggests the conduct of a public hearing on the matter, pending the adjustments made par this Commitise's racommendations, RECOMMENDATIONS: In the light of the foregoing comments and observations, this Committee” recommends the following: 41) Resolve, to approve this Committee Report; 2) Resolved Further, to conduct a public haariag on Ociober 48, 2016 on the proposed Ordinance to discuss the legality or non-lagalily of same, 2s well as the reasonableness or unreasonableness of the means used to eohleve the ends desired by it 3) Resolved Furthermore, that for the public hearing on the proposed Ordinanos, the Secretary ofthis Sanggunian should invita various stakeholders Including ownersiproprieiors of holal establishments In Cebu City; an association of hotel operators in Cebu City; representatives from tha police end from thethe Rotary Club, and the Academe, to discuss the legality or non-legallty of the proposed Ordinancs, as well as the reasonableness or unreasonableness of the means used to achieve the ends desired by it; and 4) Resolved Finally, that in inviting these groups;-a copy: of this Committee Report as well as the proposed Ordinance should be attached; and for the convenlence of this Sanggunian and as well as that ofthe publ, seid groups should be requested to bring wth them a Posléon Paper (discussing the legally or non-ogally of the proposed Ordinance as well as. the ‘reasonableness or Unreasonableness of the means used to achieve the ends desired by it) so that after their oral testimoniss, they can conveniently submit @ written version thereof. (Sgd.) RAYMOND ALVIN N, GARCIA, Chairperson (Sed,) JOSE C. DALUZ I ‘Vica-Chalrperson NENDELL HANZL. ABELLA JOCELYN G, PESQUERA Member Member (S24.) PHILLIP S. ZAFRA Member CARRIED UNANIMOUSLY. (Members Abella, Arcill, da los Santos, Gabuya Ur, M, Osmetia and Pesquera were out) -~000— ' hereby certify to the correctness ofthe aforequoted resolution, (yw CYNTHIA M. KAHULUGAN Acting Seoretary to the Sangguniang Peniungsed OFFICIAL COPY FOR: All concerned parties loke“AN ORDINANCE REQUIRING ext LISHMENTS Saale ANT Hy INDUSTRY TO PUT UP A POSTER OR NOTICE AGI TRAFFICKING AND PROVIDING PENALTIES THEREOF” ‘t i ind-ohildren, isa WHEREAS, the-trafficking ‘in persons, especially worren =i % global Adios that needs a proactive and coordinated response at all levels; i ' te ee th ilippi iC le full’ support to the WHEREAS, the Philippine Govemment declared its f worldwide campaign to fight trafficking In persons when the Conaress, passed Republic Act No. €208; otherwise known 2s-tho “Anii-Traffcking 1n Rersons Ac of 2003", and which was formally signed into law by tha President on May 26, 2003; i g i city WHEREAS, the Sangguniang Pangiungsod passed in to law Ordinance 2163 to fill the gaps not addressed by Republic Act No. ¢208; WHEREAS, information dissemination is an important avenue to educate ‘the public that the city will not tolerate human trafficking; WHEREAS, the Cebu City goverment recognizes the need to tap the support and cooperation of the private sector In fighting human trafficking within ‘the Jurisdiction of the City of Gebu; WHEREAS, by definition Hotel industry is all forms of business relating to the provision of accommodation in lodging, food and drinks and various types of other services that are interconnected and form intended for the public service, both of which use the lodging facilities or who: simply use the services or the production of certain of the hotel; WHEREAS, the Cebu City Inter-Agency Council Against Trafficking (CCIACAT) noticed that one of the areas ‘where homan “Watficking van be committed are in these establishments engaged in the hotel industry; and WHEREAS, pursuant to the powers conferred to the CCIACAT under Section 8 of City Ordinance 2163, the Council believes that a poster stating Clearly that the -city -will net tolerate-human- trafficking is @ deterrent te the commission of the crime. Z Be it ordained by the Sangguniang Panglungsod of Cebu City in session duly assembled that: . SECTION 1, Scope — A This ordinance shall apply to all establishments doing business in the city who are engaged in the hotel industry, - SECTION 2, Poster ~ The size of the poster shall be.14* x 17", Font size Shall bs no less than 48.- The inscription in the poster shall state “Zaro Tolerance for Human Trafficking. We will report any suspicious activity and cooperate with the law enforcement In the investigation of cases,” ‘The poster shall bo placed at the fal entrance door of the establishment and should be visible enough to the SECTION 3. Compliance - To give sufficient time to all atfected establishments, they are given a period of sbdt (60) das ivi this Ordinance to comply with the same, citer eset otSECTION 4. Penalty - For | establishment shall be reminded in For the succeeding violations, the “es! 5,000.00 per visit. For every infraction, CGIACAT and the establishment shall be jon-copliance, the ing that they ‘should put dp the Poster. lishment shall be fined) a penalty of mal notice shall be sent by the n only five (6) to comply. Fallure fo ‘heed or comply atier ‘dhe third visit will result ‘to e corifinued” assessment of penalties and/or @ recommendation of closure of business to the Office of the Mayor for appropriate action. 2 i int SECTION 5. Repealing Clause. — All.ordinances, resolutions, executive issvances, or Tales “and regulations, “or parts “there, “whose rovisions are’ inconsistent with or contrary to ‘the provisions of this Otdinancp, are hereby deemed repeated, amended, or modified accordingly. SECTION 6. Applicability Clause. — The provisions of existiha ordinances, resolutions, -or-executive-ordere which: are hereby adopted as an integral part -are~not-contradictonywi of this Ordinances. is-Ordinanse; SECTION 7. Soparsbilty Clause ~ If, for any reason, apy section or provision of this Ordinanes is held unconstitutional or invalid, the jother sections De rovisions. hereof nat be affected thereby shallxamaio.valld SECTION 8. Effectivity — This ording! days upon its publication. ake effect after fifteen (15) SISINIO M. City Councilsofeporiing to the Cebu Social Welfare Office any suspegted*cases medicine examinations. SECTION 8. Monitor and document of trafficking in persons. ~ The Cebu City Government through the CCIACAT shall monitor and docunj trafficking in parsons within Ceby City. ‘Any person who has any knowledge or learns of facts or circ give.rise.to.a reasonable belief that a person will be, or may be, has shall.immediately. report the same, either orally or in writing or throug to the BCPS, nearest police or Jaw enforcemént-agency or the Ce Welfare Office The Gebu.City Health Office shall likewise monitor cases 0 pe ns..for purposes of sexual exploitation incident io the HIV/AIDS monitoring tests, Daily Hygiene Check-vp, and All reports shall be investigated within forty-eight (48) investigation report, which shalfinclude the recommended action address the reported incident, be furnished to the CC|ACAT. The Cebu City Social Welfare Office shall document the rey trafficking in persons up to Its termination. It shall likewise submit’ a to the CCIACAT on the situation of trafficking in Cebu City. SECTION 9. Reportorial Duty. - The CCIACAT, through thi submit an annual repart to the RSC-GATV on the situation of traffic within fhe City, as well ag on the policies and programs instituted t problem.” SECTION 10. Visitation Powers. - (a) As an incident to its, lent cases of imstances that een trafficked other means u City Social trafficking by ff trafficking in induct of the ‘other similar hours and an be taken to jorted cases of annual report CCSWO, shall ing in persons respond to the mandated duly ynder Section 9 of this Ordinance, the Cebu City through the CCIAGAT government shall conduct inspgotion, in coordination with proper aulhoritips, of houses, buildings, or establishments reported as being used for trafficking adtivities. (b) The unjustifiable refusal of the owner or parson in charge of any house, building, or establishment to submit. the same for. inspectioi by municipal quthgritigs shall give rise to the prima facie presumption of willfully. |mpading andjor @bstructing the mandated duty of -the municipal government ‘Yo monitor and document trafficking Gases, and may expose said owner or perspa in charge to possible prosecution for violation of this Ordinance. (c) The CCIACAT shall formulate the proper guidelines and will be observed in the exercise of this power, in order to ensure cor protocols that ipliance.