??

The
Freeman THURSDAY | April 25, 2024

Republic of the Philippines cumstances beyond their control as verified by for the latter to impose the proper penalty.
Province of Cebu the proper authorities concerned;
SECTION 6. OBLIGATIONS AND LIABILITY
MUNICIPALITY OF ARGAO (c) Those attending to an emergency situation that OF PARENT/S OR GUARDIAN/S – The parent/s

OFFICE OF THE SANGGUNIANG BAYAN the minor is on an errand or assisting to save life
or property;
or guardian/s who are in actual custody or living
together with the minor child are hereby mandated
Tel. No. 032-2590732 | Email add: sbargao@gmail.com to supervise the conduct and activities of their minor
(d) Those experiencing and responding to an emer- children and see to it that the latter are already in
gency situation such as conflagration, earth- their home prior to and until after the occurrence of
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNI-ANG BAYAN OF
quake, hospitalization, road accident, law en- the curfew hours.
THE MUNICIPALITY OF ARGAO, PROVINCE OF CEBU, HELD ON FRIDAY, MARCH 17, 2023 AT THE
forcers encounter, and other fortuitous events;
ARGAO MUNICIPAL SESSION HALL,
SECTION 7. COMMUNITY INVOLVEMENT/
ARGAO, CEBU
(e) When the minor is engaged in an authorized PARTICIPATION – Any person who has personal
employment activity, or going to or returning knowledge of the existence of any minor during the
PRESENT:
home from the same place of employment ac- curfew hours as provided under Section 3 hereof,
HON. ORVI G. ORTEGA - Mun. Vice Mayor & Presiding Officer
tivity, without any detour or stop provided that must immediately call the attention of the barangay.
HON. HERCULENE RH. RIZON - SB Member
a certification is issued pursuant thereto by the
HON. RENO RHINE A. MAMAC - SB Member
barangay where the minor resides; SECTION 8. PENALTIES – Any minor/s found
HON. ANNABELLE ALMIRANTE-BIRONDO - SB Member
violating this Ordinance shall be rescued in the
HON. GUS ANTHONY L. BACALSO - SB Member
(f) When the minor is involved in an emergency; manner provided by RA 9344 as amended by RA
HON. FEDLEMIDO R. ALBERO - SB Member
10630. The Parent/Guardian shall be sanctioned for
HON. VENERANDO RD. VILLAFLOR - SB Member
(g) When the minor is in a motor vehicle or on travel negligence of their obligations under Section 6 of
HON. ELIEZER P. CANADA - SB Member
accompanied by an adult in no violation of this the Ordinance.
HON. GUILLERMO S. CAMINERO, JR. - ABC President
ordinance;
HON. YVES MARIELE L. DELA PEÑA - PPSK President
a. For the 1st OFFENSE – Counseling/Warning
(h) When the minor is out of his/her residence at-
ABSENT:
tending a religious, civic or sports program b. For the 2nd OFFENSE – The parent/s or guard-
HON. JONATHAN SR. C. VILLEGAS - SB Member (on forced leave)
sponsored by the municipality, barangay, school ian/s of the minor who violated this ordinance
or other similar private civic/religious organiza- for the second time shall make a written volun-
RESOLUTION NO. 77
tion/group (recognized by the community) or tary undertaking to render community service
AN RESOLUTION ENACTING AN ORDINANCE 4. A person at least eighteen (18) years of age when the minor is going to or returning home for two (2) hours or a fine of One hundred Pesos
ENFORCING THE CHILD RESCUE POLICY and authorized by a parent or guardian to from such activity, without any detour or stop; (Php 100.00)
IN THE MUNICIPALITY OF ARGAO BY accompany a minor in a public place or to
IMPLEMENTING CURFEW HOURS FOR have the care and custody over him/her. (i) When the minor can present papers certifying c. For the 3rd OFFENSE – The parent/s or guard-
MINORS FROM 10:00 P.M. TO 4:00 A.M., that he/she is a student and was dismissed from ian/s of the minor who violated this ordinance
PROVIDING PENALTIES FOR PARENT/ e. PUBLIC PLACE – a place located within the his/her class/es in the evening or that he/she is for the second time shall make a written volun-
GUARDIAN FOR VIOLATION THEREOF AND Municipality of Argao, where the general public, a working student, provided that he/she is head- tary undertaking to render community service
FOR OTHER PURPOSES or substantial group of people, have access, in- ing to his/her residence; and for four (4) hours or a fine of Two hundred Pesos
(Author: Annabelle Almirante-Birondo) cluding but not limited to, streets, highway, side- (Php 200.00).
walks, parking lots, vacant lots, parks or plazas (j) During the celebrations of Simbang Gabi, other
EXPLANATORY NOTE and the common areas in and about churches, religious activities, nightly activities during the d. For the 4th and subsequent OFFENSE – The
apartment buildings, office buildings, hospitals, celebration of the annual town fiesta or baran- minor/s rescued violating this ordinance shall be
The 1987 Philippine Constitution under Section schools, shops and places of entertainment gay/sitios fiesta when the presence of the mi- considered as habitual violator/s and shall be
13, Article II expressly provides that “The State such as movie theaters, internet cafes , similar nors are required by the sponsoring establish- turned over to the Municipal Social Welfare and
recognizes the vital role of the youth in nation- places and business establishments like, but ment and other nightly activities sanctioned by Development for counseling. The minor/s and the
building and shall promote and protect their not limited to, videoke bars, restaurants, bars, competent authorities parents/guardian shall be subjected to appropriate
physical, moral, spiritual, intellectual, and social and 24/7 convenient stores. intervention programs of the said department;
well being. It shall inculcate in the youth patriotism SECTION 5. ENFORCEMENT PROCEDURE –
and nationalism, and encourage their involvement f. EMERGENCY – means an unforeseen com- Business establishments or entertainment enti-
in public and civic affairs”. It is in this context that bination of circumstances or the resulting a) The law enforcement officers, police officers, ties who allowed the minors to stay or remain in
the Sangguniang Bayan of every local government state that calls for immediate action. The term Punong Barangay, Kagawads of the Sanggu- their premises even during the curfew hours.
unit under the Local Government Code of 1991 is includes, but is not limited to, a fire, a natural niang Barangay, Barangay Council for the Pro-
mandated to enact ordinances intended to prevent, disaster, a vehicular accident, or any situation tection of Children and the duly appointed Ba- a. For the 1st OFFENSE – Reprimand/Warning
suppress drug addiction, drug pushing, juvenile requiring immediate action to prevent serious rangay Tanods are hereby authorized to enforce
delinquency and such other activities inimical to bodily injury or loss of life. this Ordinance. In compliance with the Juvenile b. For the 2nd OFFENSE -- Fine of Five (₱500.00)
the welfare and morals of the inhabitants of the Justice Welfare Act of 2006 or Republic Act No.
municipality. g. RESIDENCE – means the house or home 9344 as amended by Republic Act 10630, the c. For the 3rd OFFENSE – Fine of One Thousand
wherein the minor and his/her parent/s or prescribed provision under Section 21 of Re- Pesos (₱1,000.00) with a stern warning of the
The local government of the Municipality of guardian/s actually lives. public Act No. 9344 in dealing with a minor or possibility of closure of the establishment or
Argao intends to carry out this mandate by enacting minors believed to be in violation of the herein cancellation of the permit at the discretion of the
this measure that aims to provide special protection h. HABITUAL VIOLATOR – refers to minor/s who ordinance must be strictly observed. Local Chief Executive
to children from all forms of abuse, neglect, cruelty, frequently or repeatedly violates this Ordinance.
exploitation and discrimination and other conditions For purposes of transparency and in order to d. For the 4th OFFENSE --- Closure of the establish-
prejudicial to their development. In conformity i. BARANGAY COUNCIL FOR THE PROTEC- fully identify the barangay officials and officers ment and cancellation of the business permit.
of the declared policy of the State to intervene on TION OF CHILDREN (BCPC) – refers to the in the barangay officials and officers in the ba-
behalf of the child when the parent, guardian or Barangay Council directed to formulate guide- rangay charged of implementing this ordinance, Penalties derived from the enforcement of this
person having care of the child fails or unable to lines in the enforcement of this ordinance for the Punong Barangay shall submit to the Mu- Ordinance shall accrue exclusively to the baran-
protect the child against abuse and exploitation this they are in charge of the counseling, giving nicipal Social Welfare and Development Officer gay where the rescue happened.
Child Rescue ordinance is crafted to secure some “payo” or “tambag” to the minor apprehended, a list of the members of the barangay enforce-
minors from harm and unlawful activities that may its parent/s or guardian/s; and responsible for ment group and such list shall be updated every For the business establishments violating this
happen during nighttime. The local government of coordinating with proper government institu- six (6) months or as the need arises. Ordinance, the Office of the Municipal Mayor
Argao purports to strengthen and support parental tion/s or agency for the general welfare of the shall be responsible in the imposition of the
control on these minor children whose moral values minor found in violation of this ordinance. b) Whenever a minor/s is/are rescued for alleged penalties. Fine shall be paid to the Municipal
might have been reduced through influence of the violation of this Ordinance, he/she shall be Treasurer.
environment. j. MUNICIPAL SOCIAL WELFARE OFFICE – re- placed under temporary protective custody of
fers to municipal government office committed the barangay officer on duty at the barangay SECTION 9. SEPARABILITY CLAUSE – If any
In the enforcement of this ordinance, the to formulate and implement comprehensive in- hall. The rescuing official or barangay official provision of the ordinance or the application of
best interest of the child shall be the paramount tervention programs and services aimed to de- shall record in the registry of Children at Risk such provision to other persons or circumstances is
consideration in all actions. velop individuals, group, and community. the names of minors violating this ordinance and declared invalid, the provisions thereof not affected
without delay notify the parent/s or guardian/s thereby shall remain in full force and effect.
ORDINANCE NO. 205 k. CHILDREN AT RISK – a child who is vulnerable of the rescue and shall properly turn over the
to and at the risk of committing criminal offens- minor to them, if the minor/s is a/are resident/s SECTION 10. REPEALING CLAUSE – All
AN ORDINANCE ENFORCING THE CHILD es because of personal, family and social cir- of the same barangay. Before turning over the ordinance, resolutions, executive orders, rules and
RESCUE POLICY IN THE MUNICIPALITY OF cumstances such as: abused, exploited, aban- minor/s to their parents/guardian, the Barangay regulations, and other issuance or parts thereof
ARGAO BY IMPLEMENTING CURFEW HOURS doned, out of school, street children, gang, etc. Council for the Protection of Children shall con- found to be inconsistent with the provisions of
FOR MINORS FROM 10:00 P.M. TO 4:00 duct the counseling or giving “payo”, “tambag” this ordinance are hereby repealed, modified, or
A.M., PROVIDING PENALTIES FOR PARENT/ SECTION 3. PROHIBITED ACTIVITIES/ before the minor. The parent/s or guardian/s will amended accordingly.
GUARDIAN, FOR VIOLATION THEREOF AND OFFENSES – be warned of the consequences that they will
FOR OTHER PURPOSES be dealing with in case of (subsequent) habitual SECTION 11. EFFECTIVITY CLAUSE – This
BE IT ENACTED, by the Sangguniang Bayan of a. All minor children are prohibited to roam around, violations of the minor pursuant to Section 8 of ordinance shall take effect upon its approval
the Municipality of Argao, Cebu in Regular Session loiter, wander, stay or stroll in all public places the ordinance. The parents/guardian shall be and compliance of the provisions on posting and
assembled, that: during curfew hours – 10:00 P.M. every night up made to sign the release papers, certifying their publication in a newspaper of general circulation.
to 4:00 A.M. the next morning – whether singly responsibility of the minor after rescue.
SECTION 1. TITLE – This Ordinance shall be or in groups without lawful purpose or justifiable ENACTED UNANIMOUSLY, this 17th day of March,
known as the “CHILD RESCUE ORDINANCE OF reason. c) If the minor/s is a/are resident/s of another 2023.
THE MUNICIPALITY OF ARGAO” barangay, he/she/they will be referred to and
b. It is unlawful for any parent or guardian of a mi- turned over to the parents or to the barangay x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-
SECTION 2. DEFINITIONS – The following words nor to knowingly permit or by insufficient control officials concerned, social welfare officer, police
and phrases, whenever used in this Ordinance, allow the minor to remain in any public place officer on duty for proper action under this ordi- CERTIFIED TRUE AND CORRECT:
shall be construed as defined in this section: within the territorial jurisdiction of Argao, Cebu nance.
during curfew hours. ISA STEPHANIE C. LAGAHIT
a. CURFEW HOURS – means the hours from If the minor/s is a/are resident/s of another mu- Acting SB Secretary
10:00 P.M. every night up to 4:00 A.M. the next c. It is unlawful for any business establishment nicipality or city, he/she/they will be placed un-
morning. such as but not limited to videoke bars, inter- der temporary protective custody of the baran-
net cafes, 24/7 convenient stores, restaurants gay officer on duty at the barangay hall where ATTESTED: ______________________
b. MINOR – means any person under eighteen and bars to admit or allow to stay minor/minors the offense was committed until he/she/they will
(18) years of age. during curfew hours. be fetched by his/her/their parents after notify-
ing them of the rescue otherwise custody of the HON. ORVI G. ORTEGA
c. PARENT – refers to both biological and adop- SECTION 4. EXEMPTIONS – Minor children under child shall immediately by not later than eight Municipal Vice Mayor &
tive parents who has actual custody of or living the following circumstances shall not be covered by (8) hours after rescue, turn over to the Munici- Presiding Officer
together with the minor children. the provisions of this ordinance; pal Social Welfare and Development Office and
notify the child’s rescue. The Social Welfare will
d. GUARDIAN – means: (a) Those accompanied by their parents or guard- explain to the parents/guardians of the conse- APPROVED:_____________________
ian; quences of the child’s act.
1. A person who, under court order, is the
guardian of the person of a minor; (b) Those on their way to or from a party, gradua- d) If the minor/s is/are rescued in a business es-
2. A public or private agency with whom a mi- tion ceremony, religious mass, and/or other ex- tablishment enumerated under Section 3 (c) of HON. ALLAN M. SESALDO
nor has been placed for custody by a court; tra-curricular activities of their school or organi- this ordinance, the rescuing official or the ba- Municipal Mayor
3. A person in charge of the custody or who is zation wherein their attendance are required or rangay official concerned shall take note of the
taking care of a minor, whether relative or otherwise indispensable known, or when such business establishment involved and report to
not; or minors are unable to go home early due to cir- the Office of the Municipal Mayor of the violation April 25, 2024 – The Freeman