Ordinances and Implementing Rules and Regulations

Republic of the Philippines
City Government of Baguio
SANGGUNIANG PANLUNGSOD

Proposed Ordinance No. PO 0136-17

introduced by

HON. LEANDRO B. YAÑGOT Jr.

Regulating the Use of Roof Gardens of Buildings in the City of Baguio

Ordinance No.____
Series of 2017

Explanatory Note

The Urban Heat Island Effect is the difference in temperature between a city and a rural area that surrounds it. Dark surfaces absorb and radiate heat, raising temperature as much as 6 to 10 degrees Fahrenheit. The result is more than uncomfortable. It has consequences for our health, checkbooks and our environment.

The key to reducing the Urban Heat Island Effect is to reduce the total area of dark, heat-absorbing surfaces such as rooftops and pavement. The use of vegetation on a roof is an excellent option. Plants reflect heat, provide shade, and help cool the surrounding air through evapotranspiration. A rooftop garden cuts the energy use within the building, especially for cooling

In addition, plants actually filter the air. Plants improve air quality by using excess carbon dioxide to produce oxygen.

A rooftop garden can add usable leisure space to a property that is attractive to people as well as to wildlife such as butterflies and birds.

NOW THEREFORE, on motion of Councilor Leandro B. Yañgot, Jr. duly seconded

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT;

Section 1 .Title. – This Ordinance shall be known as “An Ordinance Regulating the Use of Roof Gardens of Buildings in the City of Baguio”

Section 2. Rules and Regulations.

1. Roof gardens of buildings, if and when used as refreshment parlor, bar, night club, restaurant, floor or stage show and/or other public use and if and when parties and social gatherings are to be held thereat shall conform with the following requirements:

a. Shall be provided with sufficient fire escapes or stairs;

b. Outer walls shall be of reinforced concrete hollow blocks five feet high with one fourth (1/4) inch wire mesh, three (3) feet high over such walls. If the side of the building is fronting a street or open court, the width of which is not less than ten (10) meters, the height of the reinforced concrete or concrete hollow block wall may be reduced to a minimum of four (4) feet without the necessity of providing the wire mesh over said wall.

2. Roof gardens of buildings not in conformity with the above mentioned requirements shall not be allowed, in any case, to be used as refreshment parlor; bar, night club, restaurant, floor or stage show or other public use. The City Mayor shall order the closure of such establishment unless the requirements of this Ordinance are complied with.

Section 3. Penalty. The owner of the building or any person who shall violate any provision of this Article shall be punished by a fine of not less than One Thousand Pesos (₱1,000.00) but not more than Five Thousand Pesos (₱5,000.00), or by imprisonment of not less than Thirty (30) days but not more than six (6) months, or both such fine and imprisonment at the discretion of the Court.

Section 4. Monitoring and Evaluation. Evaluation of the regulation and long term impact of the use of Urban Roof shall be done by the CBAO and other representatives from the City Government of Baguio.

Section 5. Separability Clause. For any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby continue to be in full force and effect.

Section 6. Repealing Clause. All other ordinances, rule and regulations part or parts thereof which are contrary and inconsistent herewith are hereby repealed or modified accordingly.

Section 7. Effectivity. This Ordinance shall take effect in accordance with the provisions of the Local Government Code of 1991.

(Sgd.) LEANDRO B. YAÑGOT JR.
City Councilor

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RULES AND REGULATIONS IMPLEMENTING

WAGE ORDER NO. RB-CAR-18

Pursuant to Section 6, Rule IV of the NWPC Revised Rules of Procedure on Minimum Wage Fixing, series of 2007, and Section 22 of Wage Order No. RB-CAR-18, the following Rules are hereby issued for guidance and compliance by all concerned in the Cordillera Administrative Region.

R U L E I

GENERAL PROVISIONS

Section 1. Title. These Rules shall be known as the “The Rules Implementing Wage Order RB-CAR-18”.

Section 2. Definition of Terms as used in these Rules.

a. Order – refers to Wage Order No. RB-CAR-18;

b. Commission or NWPC – refers to the National Wages and Productivity Commission;

c. Board – refers to the Regional Tripartite Wages and Productivity Board of the Cordillera Administrative Region;

d. DOLE-CAR – Refers to the regional Office of the Department of Labor and Employment, Cordillera Administrative Region;

e. Micro Enterprises – refer to enterprises with ten (10) or less employees AND with capitalization of not more than Three Million pesos (Php. 3,000,000.00).

f. Minimum Wage – refers to the lowest wage rates that an employer is obliged to pay his workers as fixed by the Board;

g. Basic Wage – refers to all remunerations or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include cost of living allowance, profit sharing payments, premium payments, 13th month pay and other monetary benefits which are not considered as part of or integrated into the regular salary of the worker on the date the wage became effective;

h. Floor Wage– refers to the lowest level of wages prescribed by the Board to be paid to minimum wage earners in accordance with the Two Tiered Wage System;

i. Wage Distortion – refers to a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employees groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on the skills, length of service, or other logical basis of differentiation.

j. Productivity Based Pay– additional income given to workers as incentives derived from successful implementation of productivity programs through any gain-sharing scheme designed by the employer or by virtue of any agreement with his workers;

k. Cost of Living Allowance (COLA) – refers to a certain amount prescribed by the Board and given to covered workers under the Order aimed at helping them cope with the increase in prices of essential commodities while minimizing its effects or cost to employers;

l. CAR-Cordillera Administrative Region – covers the Provinces of Mt. Province, Abra, Benguet, Ifugao, Kalinga and Apayao and the City of Baguio;

m. Two-Tiered Wage System – refers to a two pronged regional wage structure comprising of the First Tier which is mandatory for implementation, and the Second Tier which is voluntary and is designed to allow employers and their workers agree on how to improve the existing terms and conditions of employment including levels of incentives based on labor productivity and business performance;

n. Centrality Index – refers to the measure used to determine the economic growth of an area based on the availability of services and facilities intended for business operations;

o. Advisory 01, Series of 2013 – refers to the set of guidelines issued by the Board for the proper implementation of the Productivity Based Pay under the Second Tier of Wage Order No. RB-CAR-15;

p. Advisory 02, Series of 2014 – refers to the set of guidelines issued by the Board for the proper implementation of the Productivity Based Pay under the Second Tier of Wage Order No. RB-CAR-16;

q. RA 6971 – refers to the Productivity Incentives Act of 1990 which encourages companies to adopt productivity based pay and gain-sharing schemes for their workers due to good business performance or labor productivity;

r. Resolution No. 01-2014 – refers to a Resolution by the National Wages and Productivity Commission amending NWPC Guidelines No. 02, series of 2007, mandating all Wage Orders issued by the Boards to include natural calamities and human-induced disasters as grounds for filing application for exemption;

s. RA 8188 – an act increasing the penalty and imposing double indemnity for violation of the prescribed wage increases in the wage rates amending for the purpose section twelve of Republic Act numbered sixty-seven hundred twenty-seven (RA 6727), otherwise known as the Wages Rationalization Act of 1989;

t. State of Calamity – refers to a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard, as defined by RA 10121, “Philippine Disaster Risk Reduction and Management Act of 2010;

u. Hazard – A dangerous phenomenon, substance, human activity or condition that may cause loss of life, injury or other health impacts, property damage, loss of livelihood or services, social and economic disruption, or environmental damage; any potential threat to public safety and/or public health; any phenomenon which has the potential to cause disruption or damage to people, their property, their services or their environment, i.e., their communities. This includes natural, technological, biological and societal hazards;

v. Disaster – A serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources; an actual threat to public health and safety where the local government and the emergency services are unable to meet immediate needs of the community; an event in which the local emergency management measures are insufficient to cope with a hazard, whether due to lack of time, capacity or resources, resulting in unacceptable levels of damage or number of casualties;

R U L E II

WAGE ADJUSTMENTS

Section 1. Coverage

Covered private sector workers and employees receiving the minimum wage in the Cordillera Administrative Region regardless of their position, designation or status and irrespective of the method their wages are paid are covered by the Wage Order.

Not covered are persons employed in the personal service of another, domestic workers by virtue of R.A. 10361, otherwise known as the Batas Kasambahay and workers in the registered Barangay Micro Business Enterprises with Certificate of Authority pursuant to R.A. 9178, otherwise known as “Barangay Micro Business Enterprises (BMBE) Act of 2002”.

Section 2. The Minimum Wage Levels

Upon effectivity of this Wage Order, the levels of minimum wages in the Cordillera Administrative Region shall be as follows:

Daily Minimum Wage Rates

            Sector/Industry Baguio City & La Trinidad  Tabuk City , Bangued, Bontoc, Lagawe, Banaue, Buguias,  Bauko, Sagada, & Tublay Other Areas in the Region
All Industries / Sectors employing 11 or more BASIC+COLA BASIC+COLA BASIC+COLA
285+15 275+15 265+15
300 290 280
All Industries/Sectors employing 10 or less BASIC+COLA BASIC+COLA BASIC+COLA
270+15 265+15 255+15
285 280 270

In the areas of Itogon, Tuba, and Sablan, covered workers shall continue to receive the minimum wage rates provided by the previous Wage Order, comprising of P285 basic rate per day in all industries and 270 basic rate per day for microenterprises.

Section 3. Basis of Minimum Wage
The minimum wage rates prescribed under the Order shall be for the normal working hours, which shall not exceed eight (8) hours work a day.

Section 4. Implementation of Second Tier

The Second Tier or the Productivity Based Pay shall continue to be implemented following the guidelines provided by Advisory No. 01, series of 2013 and Advisory No. 02, series of 2014 and other board advisories that may be subsequently issued.

But nothing can prevail over other industries or companies outside the identified priority industries from having their own initiative or desire to adopt and implement the Second Tier in their workplaces.

Section 5. Creditable Productivity Based Pay.

For establishments identified as priority industries and already granting Productivity Based Pay or its equivalent to their workers, the same may be credited as compliance to the Second Tier. Merit increases, anniversary increases or wage increases resulting from the regularization or promotion of the employees per company policy or as provided by law are not credited as compliance to the Second Tier.

Section 6. Suggested Formulae in Determining the Equivalent Monthly Regional Minimum Wage Rates

Without prejudice to existing company practices, agreements or policies more beneficial to workers, the following suggested formula maybe used as guides in determining the Equivalent Monthly Rate of workers:

a.For those who are required to work everyday including Sundays or rest days, special days and holidays

Equivalent Monthly Rate (EMR) =  (Applicable Daily Rate (ADR) x 393.5 days) divided by   12 Months

Where 393.5 days/year   = 298.0 – ordinary working days
    24.0 – regular holidays
    67.6 – 52 rest days x 130%
      3.9 – 3 special days x 130%
  393.5   Total no.  of days/year

b.For those who do not work but are considered paid on rest days, special days and regular holidays:

EMR     =         ( ADR X 365 days) divided by  12  months

Where 365 days/year   = 298 –   ordinary working days
    52 –   Sundays/rest days
    12 –   regular holidays
      3 –   special days
  365    Total no. of days/year

c. For those who do not work and are not considered paid on Sundays or rest days:

EMR   =          (ADR X 313 days) divided by    12 months

Where 313 days/year   = 298 –   ordinary working days
    12 –   regular holidays
      3 –   special days
  313     Total no. of days/year

d. For those who do not work and are not considered paid on Saturdays and Sundays or rest days:

EMR   =          (ADR X 261 days) divided by 12 months

Where 261 days/year   = 246 –   ordinary working days
    12 –   regular holidays
      3 –   special days
  261     Total no. of days/year

Section 7. Application to Private Educational Institutions

In the case of private educational institutions, the share of workers and employees covered in the increase in tuition fees for School Year 2017-2018 shall be considered as compliance with this Wage Order. Where the share of the workers and employees is less than what is provided herein, the employer shall pay the difference starting school Year 2018-2019.

Private educational institutions which shall not increase their tuition fees for the School Year 2017-2018 may defer compliance with the provisions of this Wage Order until School Year 2018-2019.

In any case, all private educational institutions shall implement the increase prescribed herein starting School Year 2018-2019.

Section 8. Application to Contractors.

In the case of contracts for construction projects and for security, janitorial and other similar services, the prescribed increase shall be borne by the principals or clients of the construction/service contractors and the contract shall be deemed amended accordingly. In the event, however, that the principals or clients fail to pay the prescribed increase, the construction/service contractors shall be jointly and severally liable with their principals or clients.

Section 9. Workers Paid by Results

a. All workers paid by results, including those who are paid on piecework, takay, pakyaw, or task basis, shall receive not less than the increases prescribed under the Order for normal working hours which shall not exceed eight (8) hours per day, or a proportion thereof, for working less than eight (8) hours.

The increases for the workers paid by results shall be computed in accordance with the formula provided hereunder.

Amount of Increase in
1. AMW
————————————— x 100 % = % increase
previous applicable min. wage

2. Existing rate/piece x % increase = increase in rate/piece;
3. Existing rate/piece + increase in rate/piece = adjusted rate per piece.

*where: AMW is Applicable Minimum Wage Rate

b. Wage rates of workers paid by results. In order to ensure payment of fair and reasonable wage rates, the same shall be determined through time and motion studies or in consultation with representatives of workers and employer’s organizations;

Section 10. Wages of Special Groups of Workers

Apprentices or learners shall receive not less than Seventy Five Percent (75%) of the new minimum wage prescribed in the Order.

All recognized learnership and apprenticeship agreements entered into before the effectivity of the Order shall be amended automatically insofar as their wage clauses are concerned to reflect the adjustment prescribed.

All qualified handicapped workers shall receive the full amount of increases pursuant to RA 7277.

Section 11. Mobile and Branch Workers

The minimum wage rates of workers, who by the nature of their work have to travel, shall be those applicable in the domicile or head office of the employer.

The minimum wage rates of workers working in branches or agencies of establishments in or outside the Region shall be those applicable in the place where they are stationed.

Section 12. Transfer of Personnel

The transfer of personnel from one province or region to another shall not be a valid ground for the reduction of the wage rate being enjoyed by the worker prior to the transfer. Workers transferred to other Regions with higher wage rates shall be entitled to the minimum wage rate applicable therein.

R U L E III

EXEMPTIONS

Section 1. Exemption from Compliance with the Wage Order

Applications for exemption from compliance with the Order shall not be allowed except in cases of establishments adversely affected by calamities such as natural and/or human induced disasters pursuant to NWPC Resolution 01, Series of 2014.

Section 2. Criteria in Applying for Exemption

The following criteria shall be used to determine if the applicant-establishment adversely affected by calamities is qualified for exemption:

1. The establishment must be located in an area declared by a competent authority as under a state of calamity.

2. The calamity must have occurred within 6 months prior to the effectivity of the Wage Order. However, if based on the assessment by a competent authority, the damage to properties is at least 50% and the period of recovery will exceed 1 year, the 6 month period may be extended to 1 year.

3. Losses suffered by the establishment as a result of the calamity that exceed the insurance coverage should amount to 20% or more of the stockholders’ equity as of the last full accounting period in the case of corporations and cooperatives, total invested capital in the case of partnership and single proprietorships and fund balance/members’ contribution in the case of non-stock non-profit organizations.

Only losses or damage to properties directly resulting from the calamity and not incurred as a result of normal business operations shall be considered.

4. Where necessary, the Board or its duly-authorized representative shall conduct an ocular inspection of the establishment or engage the services of experts to validate the extent of damages suffered.

Section 3. Documents Required

Application for exemption must be accompanied by the following documents:

1. Proof of notice of filing of the application to the President of the union/contracting party if one is organized in the establishment, or if there is no union, a copy of a circular giving general notice of the filing of the application to all the workers in the establishment. The proof of notice, which may be translated in the vernacular, shall state that the workers’ representative was furnished a copy of the application with all the supporting documents. The notice shall be posted in a conspicuous place in the establishment.

2. Affidavit from the owner/manager or duly authorized representative of the
establishment regarding the following:

a. Date and type of calamity
b. Amount of losses/damages suffered as a direct result of the calamity
c. List of properties damaged/lost together with estimated valuation
d. For properties that are not insured, a statement that the same are not covered by insurance.

3. Copies of insurance policy contracts covering the properties damaged, if any.

4. Adjuster’s report for insured properties.

5. Audited financial statements for the last full accounting period preceding the
effectivity of the Order stamped received by the appropriate government agency. In case of severe damage to properties caused by the calamity, a certification by the Barangay and pictures of the damaged property/ties may be submitted in lieu of the audited financial statement.

6. Applicant’s certification that a general assembly to explain to its employees its intent to file an application for exemption, has been conducted prior to the filing of the application and an undertaking to conduct another general assembly informing its employees of the decision of the Board on its application.
The Board may require the submission of other pertinent documents to support the application for exemption.

Section 4. Procedures on Exemption

A. For Filing of Application

1. An application, in three (3) legible copies may be filed with the Board by the owner/manager or duly authorized representative of an establishment, in person or by registered mail. The date of mailing shall be deemed as the date of filing.

Applications for exemption filed with the DOLE regional, district or provincial offices are considered filed with the appropriate Regional Board in the region.

2. The Board may accept applications for exemption on the basis of the effects of the occurrence of the calamity provided that the applicants shall comply with the documentary requirements provided under Rule III, Section 3, IRR.

B. For Filing of Opposition

Any worker or, if unionized, the union in the applicant establishment, may file with the appropriate Board within fifteen (15) days from receipt of the notice of the filing of the application, an opposition to the application for exemption stating the reasons why the same should not be approved, furnishing the applicant a copy thereof. The opposition shall be in three (3) legible copies, under oath and accompanied by pertinent documents, if any.

C. For Filing of Motion for Reconsideration

The aggrieved party may file with the Board a motion for reconsideration of the decision on the application for exemption within ten (10) days from its receipt and shall state the particular grounds upon which the motion is based, copy furnished the other party and the DOLE – CAR.

No second motion for reconsideration shall be entertained in any case. The decision of the Board shall be final and executory unless appealed to the Commission.

D. For Filing of Appeal to the Commission

1. Any party aggrieved by the decision of the Board may file an appeal to the Commission, through the Board, in two (2) legible copies, not later than ten (10) days from the date of receipt of the decision.
The appeal, with proof of service to the other party, shall be accompanied with a memorandum of appeal which shall state the date appellant received the decision, the grounds relied upon and the arguments in support thereof.

2. Grounds for Appeal – An appeal may be filed on the following grounds:

a. Non-conformity with the prescribed guidelines and/or procedures on exemption;

b. Prima facie evidence of grave abuse of discretion on the part of the Board; or

c. Questions of law.
3. Opposition – The appellee may file with the Board his reply or opposition to the appeal within ten (10) days from receipt of the appeal. Failure of the appellee to file his reply or opposition shall be construed as waiver on his part to file the same.

4. Transmittal or records – Within five (5) days upon receipt of the reply or opposition of the appellee or after the expiration of the period to file the same, the entire records of the case which shall be consecutively numbered, shall be transmitted by the Board to the Commission.

Section 5. Extent and Duration of Exemption

A full exemption of one (1) year from effectivity of the Order shall be granted to applicants that meet the applicable aforementioned criteria.

Section 6. Action on Application for Exemption

Upon receipt of an application with complete documents, the Board shall take the following steps:

a. Notify the DOLE Regional Office of the pendency of the application requesting that action on any complaint for non-compliance with the Order be deferred pending resolution of the application by the Board.

b. Request the DOLE Regional Office to conduct ocular inspection, if necessary, of establishments applying for exemption to verify number of workers, nature of business and other relevant information.

c. Act and decide on the application for exemption with complete documents, as much as practicable, within 45 days from the date of filling. In case of contested application, the Board may conduct conciliation or call hearings thereon.

d. Transmit the decision of the Board to the applicant establishment, the workers or president of the union, if any, and the Commission, for their information; and the DOLE Regional Office, for their implementation/enforcement.

The Board may create a Special Committee with one representative from each sector to expedite processing of applications for exemption.

Section 7. Application for Projects/Branches/Divisions

Where the exemption being sought is for a particular project/branch/division not separately registered and licensed, the consolidated audited financial statements of the establishment shall be used as basis for determining its distressed condition.

Section 8. Effect of Disapproved Application.

In the event that the application for exemption which has been filed is not granted, covered workers shall be paid the mandated wage increases as provided for under the Order plus an interest of one (1%) percent per month retroactive to the date of effectivity of the Order.

R U L E IV

SPECIAL PROVISIONS

Section 1. Complaints for Non-Compliance

Complaints for non-compliance with this Wage Order shall be filed with the Regional Office of the Department of Labor and Employment-Cordillera Administrative Region (DOLE-CAR) having jurisdiction over the workplace and shall be subjected to the mandatory thirty (30) day conciliation and mediation process under the Single Entry Approach (SEnA). However, if settlement fails, the case becomes subject of enforcement proceedings under Article 128 and 129 of the Labor Code, as amended.

Section 2. Non-Diminution of Benefits

Nothing in this Order shall be construed to reduce or eliminate any existing wage rates, allowances and benefits of any form under existing laws, decrees, issuances, executive orders and/or under any contract or agreement between the workers and employers or employer practices or policies being enjoyed by the workers prior to the issuance of this Order.

Section 3. Effects on Existing Wage Structure

Where effects of the wage increases provided for by this Order result in the distortion of the wage structure within an establishment, the same shall be corrected in accordance with the procedure provided for under Art. 124 of the Labor Code as amended. The following formula may be used to correct the same.

Previous Minimum Wage

(Wage Order RB-CAR-17)

Actual Salary

         Prescribed

x   =   Increase

        Amount of wage

=   adjustment due to

distortion

Section 4. Penal Provision

Pursuant to the provision of Section 12 of Republic Act No. 6727, as amended by Republic Act No. 8188, any person, corporation, trust, firm, partnership, association or entity which refuses or fails to pay the prescribed increase in the Order shall be punished by a fine not less than Twenty-Five Thousand Pesos (Php.25,000.00) nor more than One Hundred Thousand Pesos (Php.100,000.00) or imprisonment of not less than two (2) years nor more than four (4) years, or both such fine and imprisonment at the discretion of the court; Provided, that any person convicted under the Order shall not be entitled to the benefits provided under the Probation Law.

The employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees; Provided, that payment of indemnity shall not absolve the employer from the criminal liability imposable under the aforementioned Act.

If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed upon the entity’s responsible officers, including but not limited to the president, vice-president, chief executive officer, general manager, managing director or partner.

Section 5. Appeal to the Commission

Any party aggrieved by the Wage Order may file a verified appeal with the Commission through the Board within ten (10) calendar days from the publication of this Order.

Section 6. Effect of Filing of Appeal

The filing of the appeal does not operate to stay the Order unless the party appealing such Order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Commission for payment of the corresponding increases for covered employees in the event the Order is affirmed.

Section 7. Prohibition Against Injunction

No preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against any proceeding before the Commission or Board.

Section 8. Freedom to Bargain

The Order shall not be construed to prevent workers in particular firms or enterprises of industries from bargaining for higher wages and flexible working arrangements with their respective employers.

Section 9. Reporting Requirements

Any person, company, corporation, partnership or any entity engaged in business shall submit a verified itemized listing of their labor component to the Board not later than January 31, 2015, and every year thereafter in accordance with the form prescribed by the Commission.

Section 10. Repealing Clause

All orders, issuances, rules and regulations on wages, or parts thereof inconsistent with the provisions of the Order and these Rules are hereby repealed, amended or modified accordingly.

Section 11. Separability Clause

If any provision or part of the Order and these Rules, or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of the Order and these Rules or the application of such provision or part thereof to other persons or circumstances shall not be affected thereby.

Section 12. Effectivity

These Implementing Rules and Regulations shall have the same date of effectivity as that of the Wage Order.

Done this 19th day of May 2017, Baguio City, Philippines.

 

       (Sgd) MILTON L. BALAGTEY                                   (Sgd) ALFONSO T. LAO

                     Workers’ Representative                                                    Employers’ Representative

 

       (Sgd) RENERIO C. LARDIZABAL Jr.                                    (Sgd) JUAN JOHNNY R. DE LA CRUZ

   Workers’ Representative                                                              Employers’ Representative

  

        (Sgd) MYRNA P. PABLO                                                  (Sgd) MILAGROS A. RIMANDO

        Vice-Chairperson                                                             Vice-Chairperson

       (Sgd) EXEQUIEL RONIE A. GUZMAN

          Chairperson

Approved this 24th day of July, 2017, in the City of Manila, Philippines.

(Sgd) SILVESTRE H. BELLO III

Secretary

Department of Labor and Emlpoyment

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Republic of the Philippines

City Government of Baguio

Office of the SangguniangPanlungsod

(City Council)

PROPOSED ORDINANCE INTRODUCED BY COUNCILOR LILIA A. FARIÑAS entitled, “REQUIRING ALL PUBLIC UTILITY JEEPNEY OPERATORS IN THE CITY OF BAGUIO TO INSTALL AN ADDITIONAL STEP BOARDON THEIR UNITSTO EASE ENTRYAND ENSURE SAFETY AND CONVENIENCE OF PASSENGERS ESPECIALLY FOR PERSONS WITH DISABILITIES (PWDs),PREGNANT WOMEN, SENIOR CITIZENS, AND CHILDREN

Explanatory Note

Alighting or getting down jeepneys is an arduous hurdle for Persons With Disabilities (PWDs), Pregnant Women, Senior Citizens, and Children,  on account of their predicament, age and height. The height from the ground to the first step of any regular jeepney are usually too high for these particular groups of people, and also for a great majority.  A significant number of senior citizens  and PWDs expressed and pointed out their dilemma.

Resolution Numbered 078, series of 2012 requested the jeepney operators and drivers in the city of Baguio to install appropriate or additional step board for the safety and convenience of the senior citizens, the persons with disabilities (PWDs), and the pregnant women.

Section 21, Rule VII (Government Assistance) of the Rules and Regulations Implementing Republic Act No. 9257 or “An Act Granting Additional Benefits and Privileges to Senior Citizens Amending for the Purpose Republic Act No. 7432, otherwise known as ‘An Act to Maximize the Contribution of Senior Citizens to Nation Building, Grant Benefits and Special Privileges and for other Purposes’ states,

“Section 21. Access to Public Transport. – The Department of Transportation and Communications (DOTC) and other concerned agencies shall develop a program to assist senior citizens to fully gain access in the use of public transport facilities.

“The minimum requirements and standards to make transportation facilities, buildings and utilities for public use accessible to senior citizens shall be developed to enhance the mobility of senior citizens particularly those with disability pursuant to Accessibility Law.”

It is for this reason that an additional step must be added onto the regular stair of public utility jeepneys not only to eliminate the inconvenience posed against our less fortunate brothers and sisters, but also as an additional safety feature for all passengers who board jeepneys. Providing an additional step to lower the embarkation of passengers will ultimately eliminate this problem, and ease the difficulty to alight jeepneys for everyone.

NOW THEREFORE, on motion of Councilor Lilia A. Fariñas, duly seconded;

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION DULY ASSEMBLED THAT:

SECTION 1: Title: This ordinance shall be known as: Additional Step Ordinance for Baguio City PUJs”;

SECTION 2: Declaration of Policy: It is hereby declared a policy of the City Government of Baguio that ALL Public Utility Jeepneys (PUJs) duly registered to operate within the streets of the City of Baguio, including those that embark passengers from the city toward nearby municipalities, for as long as said jeepneys operate within the boundary of the city, shall install an additional step on the stair leading toward the passenger cabin, to ease the difficulty of passengers especially for People With Disabilities (PWDs),pregnant women, senior citizens, and children;

SECTION 3. Definition of Terms:

(a)   Jeepney – the local term for a “jitney” which is hereby adopted for the purpose of this Ordinance, synonymous and interchangeable with the term Public Utility Jeepney or PUJ for short, duly registered and operating as a public utility transport for paying passengers bound for predestined locations.

(b)  Step Board – would mean the additional stair to be installed to the regular one-step stair of Public Utility Jeepneys, which is located at the farthest rear end of jeepneys where passengers board going inside the passenger cabin.

SECTION 4. Installation

(a)   Jeepney operators/owners  shall install and pay for the costs of the  additional step for their own unit/s;

(b)  Since jeepneys differ with regard to their unit’s brand and model, a standard width of not less than one (1) foot or as may be necessary, and a standard height of one (1) foot more or less, or as may be necessary, measured from the ground up, will be the standard size of the additional one-step in  this rrdinance;

(c)   If, for engineering reasons, the preceding statement cannot be adhered to, the PUJ owner/operator shall do the necessary means so as to observe this Ordinance, and for as long as the additional step shall bear the minimum measurement standards as may be necessary, and to ensure the safety of all passengers.

(d)  The additional one-step to be installed shall be made of steel; the angle bars and step board of which should be capable of bearing the weight of ANY passenger, and could withstand the rigors of welding;

(e)   PUJ owners/operators shall perform and observe all the means necessary to insure the safety of every passenger with regard to the additional step installed. Any incidental cost,  incurred by  a passenger such as damage to life, limb or property, due to  poor installation and/or sub-standard materials used  for the additional step, shall be  the responsibility of the PUJ operator/owner.

SECTION 5. Enforcing Agencies. The Traffic Division  of the Baguio City Police Office, the Traffic Management Bureau, and all other Traffic Marshalls authorized by such agencies are directed to enforce this Ordinance  and apprehend non-compliant jeepney operators.  The same offices shall provide reports to the Sangguniang Panlungsod regarding compliance to this ordinance.

SECTION 6. Penalty. Any jeepney operator who violates this ordinance shall pay the penalty  of ONE THOUSAND PESOS (Php 1,000.00)  and  additional penalty of FIVE HUNDRED PESOS (Php 500.00) for every offense thereafter.

SECTION 7. Separability Clause. If for any reason or reasons, any part of this ordinance shall be held unconstitutional or invalid, the other parts or provisions hereof which are not affected shall continue to be in full force and effect.

SECTION 8. Repealing Clause. All existing ordinances or parts thereof which are inconsistent with any provision of this ordinance are hereby repealed or modified accordingly.

SECTON 9. Effectivity Clause. This Ordinance shall take effect AFTER Sixty (60) Days from its approval to provide time for PUJ operators/owners to comply with its mandate.

(Sgd.)  LILIA A. FARIÑAS

    City Councilor

(HeraldExpress August 6, 2017)

 

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Republic of the Philippines
City of Baguio
Sangguniang Panlungsod
(City Council)

Proposed Ordinance No. 0122-17 introduced by Hon. JOEL A. ALANGSAB entitled:

AN ORDINANCE PROHIBITING TRUANCY IN BAGUIO CITY

Explanatory Note:

Whereas, Section 17 of Article II of the 1987 Constitution provides that the state shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
Whereas, Section 1 of Article XIV, Section of the 1987 Constitution provides that the state shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all;
Whereas, Section 2 par. (1) of Article XIV states that it is the duty of the state to establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;
Whereas, Title I, Chapter 2, Section 16 of the Local Government Code provides that every local government unit shall exercise the powers expressly granted for its efficient and effective governance and those which essential to the promotion of the general welfare;
Whereas, Department of Education issued DO 74, s. 2010 entitled: “Guidelines on Mainstreaming the Dropout Reduction Program (DORP) in the Public Secondary Schools”.
Whereas, the above policy was embraced by DEP-ED, Division of Baguio City, as embodied in the Division Memorandum No. 95, Series of 2017 entitled: “Division Education Development Plan (DEPD) For CY 2016-2019”, Despite this, however, “truants” or students can be seen loitering in public places and entering internet cafes, business establishments and playing video/computer games and billiards during school hours resulting into drop-outs. Further, some students are intermittently found to be involved in prohibited activities during hours that they our supposed to be in school attending their classes. Because of truancy, some students also became victims of street crimes;
Whereas, it is high time for the City of Baguio being the center of education in the entire North Luzon to pass a measure supporting the noble plan of our Division Office so that the best interests of our children whom the government and parents have provided a place in school are protected;
NOW THEREFORE, on motion of Hon. Joel A. Alangsab duly seconded, BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD (City Council), IN SESSION ASSEMBLED THAT:

SECTION 1. TITLE – This Ordinance shall be known as “AN ORDINANCE PROHIBITING TRUANCY IN BAGUIO CITY”.
SECTION 2. POLICY. This ordinance aims to:

(a) Protect the interests of our students;
(b) Help the students to be more responsible and productive by attending classes regularly and prevent them from lingering outside school campuses where they are susceptible to street crimes and other forms of danger;
(c) Assure parents of the students that their children are safe in school, regularly attending their classes and school activities;
(d) Control and prevent juvenile delinquency; and
(e) Impose sanctions for truants, commercial establishments, parents, school administrators and teachers who violate the provisions of this ordinance.

SECTION 3. – DEFINITION OF TERMS – The following words and phrases, whenever used in this ordinance shall be construed as defined in this Section:

(a) BUSINESS ESTABLISHMENT – means malls, department stores, internet cafes, computer shops/centers, video shops/centers, billiard halls, movie houses, and other similar entertainment establishments in Baguio City;

(b) EMERGENCY- means an unforeseen combination of circumstances or the resulting state that
calls for immediate action to prevent serious bodily injury or loss of life.

(c) LINGER OR STAY – means to loiter or remain, as well as to refuse to leave when requested to do so by a police officer, or the owner or other person in control of public place. This term also encompasses activities which maybe mobile, such as walking, driving, and riding about in a public place or business establishment.

(d) OPERATOR – means the owner, manager, administrator, lessee or any person who operates and is responsible for the operation of a business establishment;

(e) PARENT – means a person who is a natural parent, adoptive parent, or step-parent of a minor;

(f) PARENT GUARDIAN means:
1) A person who, under court order, is the legal guardian of the person of a minor;
2) A public or private agency with which a minor has been placed for custody by a court;
3) A person in charge of the custody or who is taking care of a minor, whether relative or not; or
4) A person at least eighteen (18) years of age and authorized by a parent or guardian to accompany a minor in a public place or to have the care or custody over him/her.

(g) PUBLIC PLACE means a place located in Baguio City where the general public, or a substantial group of people, have access, including, but the limited to, streets, highways, sidewalks, parking lots, vacant lots, or any unsupervised place, parks, and the common areas in about churches, apartment buildings, office buildings, hospitals, schools, shops and places of entertainment such as movie theaters and similar places and business establishments.

(j) SCHOOL means all public and private academic institutions in Baguio City;

(k) SCHOOL HOURS means the time of classes during weekdays (Monday to Friday) and weekend
(Saturday) when used as make-up class period except when a weekday falls on a holiday.

(h) STUDENT any student enrolled in public/private schools within or outside Baguio City;

(i) TRUANT means any student who is absent from school without valid cause, or any school-
related activities.

SECTION 4. – PROHIBITED ACTIVITIES. –
(a) It shall be unlawful for a student to loiter, linger or stay in a public place or business establishments during school hours.
(b) It shall be unlawful for drop outs and out of – school youth to loiter, linger or stay in a public place or business establishments within One Hundred (100) meter radius from any school during school hours considering their influence to in-school students.
(c) It shall be unlawful for a parent or guardian to knowingly permit, or by insufficient control allow, the student to loiter, linger or stay in any business establishment or place within the city during school hours.
(d) It shall be unlawful for a teacher and school authorities to knowingly permit, or by insufficient control allow, the student to loiter, linger or stay in any business establishment or place within the city during school hours; and
(e) Operators of business or amusement establishment who knowingly permit, or by insufficient control allow, the student to loiter, linger or stay in any business establishment or place within the city during school hours, it shall be governed by Ordinance Numbered 015 Series of 2000 entitled, REGULATING THE OPERATIONS OF AMUSEMENT CENTERS IN THE CITY OF BAGUIO.

SECTION 5. EXCEPTIONS. – The activities prohibited by Section 4 here of shall not be unlawful in the following circumstances:
(a) When the student is on board a motor vehicle on his/her way home;
(b) When the student leaves the school for emergency purposes with a written authorization from his or her parent/guardian noted by the school authority;
(c) When the student is going for a medical appointment with a written authorization from a teacher or accompanied by a parent or guardian; and
(d) When the student is permitted by the school to leave the campus for some school-related activity and has in his/her possession a valid, school-issued, off-campus permit; and
(e) When the student is accompanied by his/her parent or guardian or teacher or any school authority.

SECTION 6. THE ANTI-TRUANCY BOARD AND ITS COMPOSITION. – The City Mayor through an Administrative Order shall create the Anti-truancy Board in the City Government of Baguio and shall be composed of the following:
(a) Chairman of the Board: The City Mayor
(b) Vice-Chairman of the Board: The Chairman of the Sangguniang Panlungsod Committee on Education, Culture and Historical Research;
(c) Members of the Board:
1. The Division Superintendent, Department of Education;
2. The City Social Welfare and Development Officer;
3. The City Director of the Baguio City Police Office;
4. The City Director, DILG-Baguio Field Office;
5. The Federation President of Parent Teachers Associations in Baguio City;
6. The President of the Association of Private Schools Administrators (APSA);
7. The City Treasurer; and
8. Other stakeholders and NGOs to be identified by the Chairman of the Board.

SECTION 7. FUNCTIONS OF THE ANTI-TRUANCY BOARD. – The Anti-Truancy Board shall have the following functions:
1. Make responsive and essential the implementation of this ordinance;
2. Deputize all local police units, barangay officials, Parents and Teacher Association (PTA) Officers, the school officials, and the teachers as truant officers in the implementation of this ordinance;
3. Control and prevent juvenile delinquency and in order that the safety and welfare of students and public welfare will be protected;
4. Take active steps in ensuring that the procedure set forth in Chapter 1, Section 21 of the Juvenile Justice and Welfare Act of 2006 will be strictly followed;
5. Institute a mechanism for continuous information and education campaign;
6. Serve as an Advisory body to the Sanggunian Panlungsod relative to the implementation and improvement of this Ordinance; and
7. Constantly remind the operators of business or amusement establishment anent the Ordinance Numbered 015, Series of 2000.

SECTION 8. SANCTIONS. – Subject to the requirements on due process, the following sanctions shall be imposed on violators of this Ordinance:

(a) The sanctions for student, drop outs and out of-school youth who violate this ordinance shall be:
1st OFFENSE -A student, drop outs and out of school youth found violating this Ordinance shall be brought to their residence or to the Barangay Council for the Protection of Children office (BCPC) to be released to the custody of their parents. The student would undergo a counseling session to re-orient on his/her responsibilities before being properly turned over to his/her parents/guardians or the concerned school authorities.
2nd OFFENSE & SUBSEQUENT OFFENSES – Join appropriate intervention programs by the City Social and Development Office.
(b) The sanction for any parent/ legal guardian who violates this ordinance shall be:
1st OFFENSE – Attendance to parenting education seminar.
2nd OFFENSE – A fine of ₱1,000.00 and/or be required to render community service
for 16 hours at the discretion of the court.

SUBSEQUENT OFFENSES – A fine of ₱3,000.00 and/or be required to render community service
for 32 hours at the discretion of the court.
(c) The sanction for any teacher or school authority who violate this ordinance shall be:
1st OFFENSE – Warning.
2nd OFFENSE – A fine of ₱1,000.00.
SUBSEQUENT OFFENSES – A fine of ₱3,000.00 without prejudice to any possible administrative case.
(d) Operators of business establishments, shall be governed by the penalties provided under Ordinance Numbered 015, series of 2000.
The City Legal Officer shall assist the Anti-Truancy Board in reviewing reports of and complaints for violations of this Ordinance and in determining liability or appropriate cases to file. Further, the City Legal Officer shall also extend any legal assistance and/or file cases on matters pertaining to this Ordinance.
SECTION 9. FUNDING. — An initial funding to defray the expenses necessary for or incidental to the implementation of this Ordinance in the amount of ₱100,000. 00 shall be sourced from the unobligated surplus of Special Educational Fund of the City Government of Baguio, and is hereby allocated through the Local School Board.

The initial funding and funds generated from other sources, such as, but not limited to, the proceeds from administrative penalties, shall be placed in a Trust Fund, specifically intended to defray expenses and operationalize activities of this Ordinance. The Anti-Truancy Board shall be empowered to determine how the Trust Fund is to be utilized in furtherance of this Ordinance, subject however to the usual government accounting and auditing procedures. The above expenses include, but are not limited to:
a. Cost of printing copies of this Ordinance, the Citation Tickets, and information, education and communication materials pertaining to this ordinance;
b. Cost of regular or periodic meetings of the Anti-Truancy Board;
c. Incentive or reward for private citizens who report violations of this Ordinance;
d. Institutional and operating expenses for the intervention program; and
e. Other expenses associated with the implementation and enforcement of this Ordinance.

SECTION 10. SEPARABILITY CLAUSE – Any provisions or portion of his ordinance found to be violative of the Constitution or invalid shall not impair the other provisions or parts thereof, to be in force and effect.
SECTION 11. REPEALING CLAUSE. – Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with provisions of this ordinance are hereby repealed and/or modified accordingly.
SECTION 12. EFFECTIVITY. – This Ordinance shall take in accordance with the provisions of the Local Government Code of 1991.

(Sgd.) JOEL A. ALANGSAB
City Councilor

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