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Page| 1 of Ordinance #: 15-1061

Republic of the Philippines Region XII

Province of Cotabato

CITY OF KIDAPAWAN

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE 6TH

SANGGUNIANG PANLUNGSOD OF KIDAPAWAN CITY ON DECEMBER 03, 2015

AT 9:00 O’CLOCK IN THE MORNING AT THE SP SESSION HALL, KIDAPAWAN

CITY, PROVINCE OF COTABATO.

PRESENT:

Hon. Rodolfo Y. Gantuangco - City Vice Mayor/ Presiding Officer

Hon. Francis E. Palmones, Jr. - SP Member

Hon. Judith G. Navarra - SP Member

Hon. Alan S. Amador - SP Member

Hon. Peter D. Salac - SP Member

Hon. Ma. Estela E. Lamata - SP Member

Hon. Ruby P. Sison - SP Member

Hon. Radin O. Igwas - SP Member/IP Representative

Hon. Gasbamel Rey D. Suelan - SP Member/ABC President

ON OFFICIAL BUSINESS:

Hon. Lauro G. Taynan, Jr. - SP Member

Hon. Mario E. Flores - SP Member

ON LEAVE:

Hon. Jivy Roe C. Bombeo - SP Member

ORDINANCE NO. 15-1061

AN ORDINANCE ENACTING THE KIDAPAWAN CITY PUBLIC SAFETY,

SECURITY, PEACE AND ORDER CODE OF 2015

CHAPTER I

GENERAL PROVISIONS

Article A. Title, Scope, Policy, and Terminologies

Section 1. Title. This Ordinance shall be known as the KIDAPAWAN CITY

PUBLIC SAFETY, SECURITY, PEACE AND ORDER CODE OF 2015, and shall

be hereinafter referred to and cited as the Code.

Section 2. Scope. This Code provides regulatory and enforcement mechanisms

relating to maintaining public safety, security, peace and order in the City of Kidapawan

in accordance with pertinent laws, rules and issuances.

Page | 2 of Ordinance #: 15-1061

Section 3. Declaration of Policy. Pursuant to Sections 5 and 15 of Article II of

the 1987 Philippine Constitution, and in consonance with the General Welfare clause of

Article 16 of Republic Act 7160, otherwise known as the Local Government Code of

1991, it is hereby declared the policy of the City Government of Kidapawan to fully

exercise its authority to promote and ensure the safety, security, order, and well-being of

its constituents and the general public by establishing measures geared towards the

realization thereof.

Section 4. Definition of Terms

Accommodation & Entertainment Establishments - refer to restaurants, fastfoods,

eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto

bars, and movie houses, or any other place with pleasant environment and atmosphere

conducive to comfort, healthful relaxation and rest, offering food, sleeping

accommodation and recreational facilities to the public for a fee

Bar/Videoke Bar - shall include any place or establishment whose principal business is

the sale of alcoholic beverages or liquors of any kind to be used and consumed within its

premises. A Videoke bar is deemed included in the definition of bar. A bar that allows

dancing within its premises shall be considered a nightclub, cabaret, or dance hall, as the

case may be, shall be subject to the provisions of the article concerned

“Cabaret or dance hall” - shall include any place or establishment where dancing is

permitted to the public and where professional hostesses or dancers are employed or

where admission fee or any other charge for dancing is collected

Closed Circuit Television (CCTV) Camera – refers to an electronic device that records

the activities and persons coming in and out of establishments and its premises where it is

installed

Community Work – refers to work related to cleanliness, beautification, sanitation, and

the like

Designated Smoking Room - refers to a delineated room inside the accommodation

establishment, or public place or enclosed public place, which is totally enclosed where a

person is allowed to smoke without violating this Ordinance. Any duly designated

room/area in accommodation and entertainment establishments, whether tourism-

accredited or not, within the territorial jurisdiction of Kidapawan City as hereinabove

defined, provided, the following conditions are met:

(1) If the accommodation and entertainment establishment is air-conditioned, it

must establish and designate a smoking room which shall not be more than one-

fourth (¼) of the total accommodation area of the establishment that is air

conditioned and equipped with an exhaust fan and totally enclosed on all sides

and separated from the rest of the premises where smoking is prohibited; and

(2) If the accommodation and entertainment establishment is not airconditioned, it

must establish and designate a smoking area which shall not be more than one-


fourth (¼) of the total accommodation area of the establishment that is fully

ventilated and separated from the rest of the premises where smoking is

prohibited

Deadly Weapons – include firearms of whatever kind, knives of whatever kind, swords

of whatever kind, bolos, spears, and other kinds of bladed, Pointed, round or blunt

instrument that can hurt another person including “chako”, brass knuckles, and other

similar devices

Disaster – refers to the result of a natural or man-made event which causes loss of life or

injury and property damage, including but not limited to natural disasters such as

hurricanes, tornados, floods, storms, strong winds and other weather-related events; and

man-made disasters including but not limited to nuclear power plant explosions,

accidents involving hazardous materials, oil spills, explosions and civil disturbances

Drug Dependence – as defined by R.A. No. 9165, particularly Section 3 thereof: “it is a

cluster of physiological, behavioral and cognitive phenomena of variable intensity, in

which the use of psychoactive drug takes on a high priority thereby involving, among

others, a strong desire or a sense of compulsion to take the substance and the difficulties

in controlling substance-taking behavior in terms of its onset, termination, or levels of use

Enclosed Area - refers to an area which is closed, whether totally or partially, at the sides

and is roofed or make use of the floor above it as a ceiling, or even if open on all sides

but is covered by a roof, permanent or temporary in nature

Enclosed Public Place - refers to a room, building, structure or edifice that is constructed

with a shelter or covered by a roof with panels or concrete wall, which structure is open

to the public

Entertainment Establishment – refers to any place that offers entertainment to the

general public that allows ingress and egress of persons to the establishment itself

whether for a fee or for free which includes, but not limited to, movie houses, theaters,

videoke or sing along bars, disco clubs whether enclosed or not

Evacuation – refers to an operation whereby all or part of a particular population is

temporarily relocated, whether individually or in an organized manner, from an area in

which a disaster or emergency has been declared, and is considered dangerous for health

or safety of the public

Firearms, Ammunitions and Explosives – refer to the firearms, ammunitions and

explosives contemplated under Republic Act No. 10591

Firecrackers and Pyrotechnic Devices – include, but are not limited to those mentioned

in Section 2 of Republic Act 7183


Forced Evacuation - refers to an evacuation order as a resort when a disaster or

emergency has been declared and danger of loss of life is imminent, and conditions exist

that critically imperil or endanger the lives of those in the defined area

Foster Parent – refers to one who has performed the duties of parent of a child as his/her

own

Guardian – refers to a person lawfully invested with power, and charged with the duty of

taking care of a child during his/her minority

“Guest Relations Officer” or “GRO” - shall include any woman employed who

entertains at any of the establishments herein defined for a fee or remuneration paid

directly or indirectly by the operator or by the persons with whom she entertains

Habitual Offender – refers to one who commits violation of any regulatory or penal

provisions of this Code for more than three (3) occasions

Imminent Danger – refers to an immediate threat of harm

Landlord – refers to the owner, manager or administrator of a boarding house or

apartment

Large-Scale Enterprises – refer to business establishments with a declared capitalization

of One Hundred Million Pesos and above

Marijuana - as defined by R.A. No. 9165, particularly Section 3 thereof: “’Indian

Hemp’, otherwise known as “marijuana”, embraces every kind, class, genus or specie of

the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish,

bhang, guaza, churrus and ganzab, and embraces every kind, class and character of

marijuana, whether dried or fresh and flowering, or fruiting tops or any part or portions of

the plant, seeds thereof and all its geographic varieties, whether as a reefer, resin, extract,

tincture or in any form whatsoever’

Medium-Scale Enterprises – refer to business establishments with a declared

capitalization of Fifteen Million Pesos to One Hundred Million Pesos

Micro-Scale Enterprises – refer to business establishments with a declared

capitalization of less than One Hundred Thousand Pesos

“Minor”, “Child”, or “Youth” – refers to such person below 18 years old

Mobile Source – refers to any vehicle/machine propelled by or through oxidation or

reduction reactions, including combustion or carbon-based or other fuel, constructed and

operated principally for the conveyance of persons or the transportation of property or

goods, that emit air pollutants as a reaction product


Motor Vehicle – refers to any vehicle propelled by gasoline or diesel engine or by any

means other than human or animal power constructed and operated principally for the

conveyance of persons or the transportation of goods

Motor Vehicle Registration (MVR) - refers to the official recording of a motor vehicle

by the Land Transportation Office (LTO) subject to the conformance of the vehicle to the

safety and emission standards provided under Section 21 of the Act, including the pre-

evaluation of the documents/requirements pursuant to Section 5 of Republic Act 4136, as

amended, otherwise known as the Land Transportation Code

Offender – refers to one who acts contrary to law

“Operator” - shall include the owner, manager, administrator, or any person who

operates and is responsible for the operation of any nightclub, cabaret, dancing school or

dance hall in accordance with the provisions of these regulations

Other Business Establishment – refers to any place that deals business with the general

public that allows ingress and egress of persons to the establishment itself that includes,

but not limited to, hotels, motels, lodging houses, restaurants, eateries, coffee shops,

shopping arcades and internet cafes whether enclosed or not

Owner – refers to the person in whose name the license certificate for the dog is issued;

provided, however, that if the dog is not yet immunized nor issued a metal tag and license

certificate, the term “owner” may refer to the possessor or person in custody

Parents – refer to the lawful mother or father of the child

Private Place – includes privately-owned streets, yards, ricefields, farmlands and lots

owned by an individual other than the owner of the animal

Public Building - refers to any of the following:

(1.) A building structure owned by the government or owned by a private person

but used, rented or occupied by the government or any of its instrumentalities;

(2.) Any building or structure used or controlled exclusively for public purposes

by any department or branch of government, local government unit or barangay

without reference to the ownership of the building

Public Place - refers to gasoline stations, banks, malls, town squares, terminals,

shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums,

funeral parlors, barber shops, and other similar places where people usually congregate

either to while away their time or to listen or attend concerts, rallies, programs such as,

but not limited to, the City Plaza, the Kidapawan City Pilot ES Oval, and the like;

includes national, provincial, municipal or barangay roads, parks, plazas, and such other

places open to the public


Shabu - Also known for its generic name ‘methylamphetamine hydrochloride’, is one of

the major stimulants taken by drug abusers. This means that shabu stimulates the action

of the central nervous system and produce psychological and physical dependence

Small-Scale Enterprises - to business establishments with a declared capitalization of

One Hundred Thousand Pesos and above but not more than Fifteen Million Pesos

Smoking - refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or

any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the

like within the prohibited areas for smoking shall constitute a prima facie evidence as an

act of smoking prohibited under the article concerned

Article B. Mandates, Objective and Interpretation

Section 5. Mandates. The regulatory and enforcement measures of the Code

shall be pursued in accordance with the inherent and general powers of the City as

provided for in Section 16 [General Welfare Clause] of Republic Act No. 7160, or the

Local Government Code of 1991, which states that: “Within their respective territorial

jurisdictions, local government units shall ensure and support, among other things, the

preservation and enrichment of culture, promote health and safety, enhance the right of

the people to a balanced ecology, encourage and support the development of appropriate

and self-reliant scientific and technological capabilities, improve public morals, enhance

economic prosperity and social justice, promote full employment among their residents,

maintain peace and order, and preserve the comfort and convenience of their

inhabitants”; and further stipulated in Republic Act No. 8500, otherwise known as the

Charter of the City of Kidapawan, and other relevant laws and issuances.

As such, it shall ensure the enforcement of the provisions of this Code and other

pertinent laws, regulations and issuances in furtherance of its mandate “to prevent,

suppress and impose appropriate penalties for habitual drunkenness in public places,

vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill

repute, gambling and other prohibited games of chance, fraudulent devices and ways to

obtain money or property, drug addiction, maintenance of drug dens, drug pushing,

juvenile delinquency, the printing, distribution and exhibition of obscene or pornographic

materials or publications, and such other activities inimical to the welfare and morals of

the inhabitants of the City” [RA 8500, Art. IV, Sec. 10, par. e (1ee)]

In the exercise of the aforesaid mandate, the City shall observe, abide by and

ensure effective compliance with the following laws, policies, and issuances relating to

public safety, such as:

Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of

2002

Republic Act No. 7610, or the Special Protection of Children Against

Child Abuse, Exploitation and Discrimination Act


Republic Act No. 9211, or the Tobacco Regulation Act of 2003

Republic Act No. 7394, or the Consumer Act of the Philippines

Republic Act No. 10591, or the Comprehensive Firearms and

Ammunitions Regulation Act

Republic Act No. 10121, or the Philippine Disaster Risk Reduction

Management Act of 2010

Republic Act No. 8749, or the Clean Air Act of 1999

Republic Act No. 4136, or the Land Transportation Code

Republic Act No. 9514, or Fire Code of the Philippines

Republic Act No. 7163, or the Firecrackers and Pyrotechnics Regulation

Act

PD 1056, or National Building Code of the Philippines

Section 6. Objective. This Code will serve as a compendium of existing laws,

rules and regulations which shall institutionalize the implementation and enforcement of

such laws, rules and regulations towards maintaining and securing public safety, security,

peace and order in the City of Kidapawan.

Section 7. Rules of Interpretation. In construing the provisions of this Code, the

following rules of construction shall be observed unless inconsistent with the manifest

intent of the provisions or when applied they would lead to absurd or highly improbable

results:

a) General Rule. All words and phrases shall be construed and understood

according to the common and approved usage of the language; but the technical words

and phrases and such other words in this Code which may have acquired a peculiar or

appropriate meaning shall be construed and understood according to such technical,

peculiar or appropriate meaning.

b) Gender and Number. Every word in the Code importing the masculine gender

shall extend to both male and female. Every word importing the singular number shall

apply to several persons or things and every word importing the plural number shall

extend and be applied to one person or thing.

c) SHALL and MAY. “Shall” is mandatory and “May” is permissive.


d) Conflicting Provisions of Chapters. If the provisions of different chapters

conflict with or contravene each other, the provisions of each chapter shall prevail as to

all specific matters and questions involved therein.

e) Conflicting Provisions of Sections. If the provisions of the different sections in

the same article conflict with each other, the provisions of the Section which is the last in

point of sequence shall prevail.

Section 8. Amendment and Integration of Additional Provisions. Any

amendment on this Code may be introduced to the chapter, article or section concerned.

All ordinances or provisions thereof enacted subsequent to the date of effectivity of this

Code shall be compiled in such a way as to bear the corresponding chapter, article or

section to which such ordinance or provision pertains. Such new provisions shall be

integrated into the corresponding chapter, article or section whenever a new printing or

reproduction of this Code is undertaken upon authorization of the Sanggunian.

Section 9. Existing Rights. No right accrued, action or proceeding commenced

before the effectivity of this Code shall be adversely affected by any provisions hereof.

Thereafter, all procedures or actions to be taken shall conform to the provisions of this

Code whenever possible.

Section 10. Reference to Code. Whenever reference is made to any portion of

this Code, such reference shall apply to all amendments and additions now or may

hereafter be introduced.

Section 11. Effect of Heading. The Chapter, Article and Section headings do not

in any manner affect the scope, meaning or intent of the provisions contained in this

Code.

Section 12. Relation to Prior Ordinance. The provisions of this Code which are

substantially the same as that of previous or existing ordinances particularly when dealing

with the same subject matter shall be construed as “restatement” and not as a new

enactment.

CHAPTER II

REGULATION AND ENFORCEMENT

TITLE I. PUBLIC MORALITY

Article A. Buying and Selling of Liquors and Cigarettes

Section 13. Definition. For purposes of definition, the term “All Other Business

Establishments” shall mean and include Hotels, Restaurants, Bars, Malls, Food Houses,

Eateries, Refreshment Parlors, Beer Houses, Disco Joints/Houses, Fun Houses,

Amusement Centers, Motels, Inns and such other similar establishments selling and


serving beer, liquor, coconut wine and other intoxicating beverages as well as cigarettes

and other tobacco products;

Section 14. Declaration of Policy. It is the policy of the City Government to

promote the general welfare of its inhabitants, especially those of minors, who should be

protected against exploitation, improper influences, hazards and other circumstances

detrimental to their development and well-being as future leaders and responsible citizens

of the City. It is also the duty and responsibility of parents to see to it that their children

who are minors are not exposed to and are spared from such kinds of vices as smoking

and imbibing of liquor, in the same way that all responsible citizens of the City must do

their share in upholding and protecting the welfare and interests of minors.

Section 15. Prohibited Acts.

a) All minors below 18 years of age, are prohibited from buying, ordering, serving or

drinking beer, liquor, coconut wine and other intoxicating beverages as well as buying

and smoking cigarettes and other tobacco products from wholesale, retail, grocery, or

convenience stores and all other business establishments in the City;

b) All persons are prohibited from instructing, ordering, sending on an errand or co-

opting minors below 18 years of age, to buy, order or drink beer, liquor, coconut wine

and other intoxicating beverages as well as to buy, order or smoke cigarettes and other

tobacco products from wholesale, retail, grocery or convenience stores and all other

business establishments in the City

c) All wholesale and/or retail stores, grocery or convenience store outlets as well as all

other business establishments in the city, including ambulant vendors and/or peddlers, are

prohibited from selling or serving beer, liquor, coconut wine and other intoxicating

beverages as well as cigarettes and other tobacco products to all minors below 18 years of

age. For this purpose, all wholesale and/or retail store owners, grocery or convenience

store personnel, as well as all other business establishments including ambulant vendors

and/or peddlers, in the city are mandated to determine the age of their would-be buyers

by requiring them, whenever necessary, by reason of their looks and appearance that they

may still be minors, to present their identification cards, such as Driver’s License, School

ID, Employee ID, other Government-issued ID or Community Tax Certificate before

selling or serving to them beer, liquor, coconut wine and other intoxicating beverages as

well as cigarettes and other tobacco products;

d) All business establishments selling intoxicating liquor and beverages are hereby

prohibited from selling the same after 1:00 o’clock in the morning up to 6:00 o’clock in

the morning.


Section 16. Penalties. Violation of the provisions of this Article shall be

penalized as follows:

a) First Offense - A fine of Php 1,000.00 or an imprisonment of not less than ten

(10) days or both at the discretion of the Court

b) Second Offense - A fine of Php 3,000.00 or an imprisonment of not less than

twenty (20) days or both at the discretion of the court

c) Third Offense - A fine of Php 5,000.00 or an imprisonment of not less than

thirty (30) days or both at the discretion of the court In addition to the

foregoing penalties, the business permit of the erring wholesale, retail, grocery

or convenience store or business establishment shall be cancelled by the City

Mayor upon its commission.

The following shall be held responsible:

1. The President or General Manager or any person acting for and in behalf of the

General Manager in case the wholesale, retail, grocery or convenience store or business

establishment is a corporation, partnership or cooperative; and

2. The owner or proprietor or any person acting for and in behalf of the owner or

proprietor if the wholesale, retail, grocery or convenience store or business establishment

is a single proprietorship;

Section 17. Education and Information Dissemination. All departments and

offices of the City Government are mandated to conduct massive education and

information drive in their respective departments and offices to disseminate to the

employees the existence of this Code for their proper information and guidance.

Likewise, all public and private tertiary, secondary and elementary schools,

colleges and universities operating in the city are mandated to conduct massive education

and information drive in their respective campuses to inform their students of the

existence of this Code and to place the sign mentioned under this Article hereof on their

respective bulletin boards in full view of their students for their continued guidance and

information. All barangays in the city, through their respective Barangay Councils, are

mandated to conduct massive education and information drive to disseminate to the

people the existence of this Code for their information and guidance.

Article B. Regulating Operations of Bars and Videoke

Bars and Other Similar Establishments Including Internet Cafes

Section 18. Definition of Terms.

a) “Bar” shall include any place or establishment whose principal business is the sale

of alcoholic beverages or liquors of any kind to be used and consumed within its

premises. A Videoke bar is deemed included in the definition of bar. A bar that

allows dancing within its premises shall be considered a nightclub, cabaret,

dancing school or dance hall, as the case may be, shall be subject to the provisions

of this article.


b) “Cabaret or dance hall” shall include any place or establishment where dancing is

permitted to the public and where professional hostesses or dancers are employed

or where admission fee or any other charge for dancing is collected.

c) “Guest Relations Officer” or “GRO” shall include any person employed who

entertains at any of the establishments herein defined for a fee or remuneration

paid directly or indirectly by the operator or by the persons with whom he/she

entertains.

d) “Operator” shall include the owner, manager, administrator, or any person who

operates and is responsible for the operation of any nightclub, cabaret or dance

hall in accordance with the provisions of these regulations.

Section 19. Regulated Acts.

a) No person, firm or corporation shall engage in the operation of bars and videoke bars

without first securing a permit from the City Mayor upon the recommendation of the

Chief of the Bureau of Fire Protection, City Health Officer, City Engineer and the Chief

of the Business Licensing Office and paying the corresponding permit fee imposed under

existing tax ordinances.

b) Persons carrying deadly weapons or firearms of any description, except peace officers

in proper police uniform especially detailed therein to keep order and those on special

mission to apprehend criminals and other law violators, shall not be admitted nor allowed

to remain in any bars, cabarets, or dance halls.

c) No bar shall be established within a radius of one hundred (100) lineal meters from the

perimeter fence of any public building, school, public library, church or hospital.

d) No person shall be employed as entertainer, drink or food server in any bar unless

he/she is at least eighteen (18) years of age.

e) No entertainer, drink or food server or any other female or male employee of a bar

shall be allowed to remain in its premises after its closing hours at 1:00 o’clock in the

morning.

Section 20. Rules and Regulations. Bars and Videoke bars shall be subject to the

following rules and regulations:

1) The provision as to location shall not apply to bars licensed and operating at the time

of the approval of this Code, nor will the opening of any public building or other

premises from which distance shall be measured prejudice any bar then licensed and

operating; provided, however, that such bar established within one hundred (100) lineal

meters from any school, hospital, public library or church shall be so constructed as

approved by the City Engineer, so that the noise coming therefrom shall not disturb those


in the school, hospital, public library or church, and if such noise causes such

disturbances, then such bar shall operate on the following time as specified in this Article.

2) Bars shall be well-lighted at all times leaving no dark corners and shall be maintained

under good sanitary condition. There shall be no private rooms nor separate

compartments, except those assigned for lavatories, bar counter where liquors are on

display, owner or manager’s room, dressing room for ladies and kitchen.

3) Bars constructed, operated and located within a radius of one hundred (100) lineal

meters from the perimeter fence of any public building, school, public library, church or

hospital prior to the effectivity of this Code, shall begin its business hours as herein

provided:

a. For bars located near a school:

i. Start of operation shall be at 9:30 p.m. for bars located near colleges and

universities;

ii. Start of operation shall be at 6:00 p.m. for bars located near schools

offering only elementary and secondary education. Provided, however,

that if the school offers evening classes, then the bar can start to operate

only at 9:30 p.m. to 1:00 a.m.

b. For bars located near a public library, they can start its operation only after

library hours;

c. For bars located near a hospital, they can start its operation at 6:00 p.m.

provided that the owner of the bar or videoke bar shall install soundproofing

devices; and,

d. For bars located near a church, they can start its operation only when there are

no religious activities or services going on.

4) The following signs shall be placed at the main entrance of the amusement place:

“MINORS ARE NOT ALLOWED” and

“DEPOSIT YOUR FIREARMS WITH THE MANAGEMENT”.

5) The operator, before employing any worker, must require the presentation and

submission of the birth certificate duly authenticated by the National Statistics Office

(NSO), secure the necessary permit and/or health certificate and to produce evidence of

payment of his or her license fee.

6) In no case shall any entertainer or drink or food server be allowed to work in the

aforesaid places of amusement unless he or she shall have provided and submitted the

papers herein required. In cases where no birth certificate is available, a certification from

the Local Civil Registrar where the person is supposed to have been born together with

an affidavit of two (2) disinterested persons attesting to the birth of the person must be

submitted.


7) Peace officers who are not detailed to maintain peace and order and those who have no

mission to perform in said places of amusement and private persons holding firearms

shall deposit the same with the management upon entering the place.

Section 21. Complaints. Any person who believes that the bar is established or

located in any place not authorized by this Article or is not operating or conducting

business in accordance with the provisions of the Code, may file a complaint before the

Office of the Head of the Business Permit and Licensing Office who will recommend to

the City Mayor the cancellation of the permit or both the permit and the license after

proper investigation and decision is made on the complaint.

Section 22. Revocation of Permit. The City Mayor shall revoke any permit or

license granted under these regulations upon satisfactory evidence that the use of illegal

drugs and gambling or playing of any prohibited game has taken or is taking place within

the premises of any bar. In case of violation of any of the herein provisions, the permit

for the operation of a bar shall be withdrawn by the City Mayor and the license revoked.

Such revocation of the permit and license shall operate to forfeit to the City all sums paid

therefore.

Section 23. Penalties. Any violation of the provisions of this Article shall be

punished as follows:

a) Bar operators and owners who are found to have violated any provision of this Article

shall pay a fine of Five Thousand Pesos (Php 5,000.00) or by imprisonment of not less

than six (6) months but not more than one (1) year or both, such fine and imprisonment at

the discretion of the court and the revocation of permit for the business establishment;

b) AFP and PNP personnel and other law enforcement agents who are found to have

violated pertinent provision of this Article shall pay a fine of Five Thousand Pesos (Php

5,000.00) or by imprisonment of not less than six (6) months but not more than one (1)

year or both, such fine and imprisonment at the discretion of the court; and

c) Any person found to have violated any provision of this Article shall pay a fine of Five

Thousand Pesos (Php 5,000.00) or by imprisonment of not less than six (6) months but

not more than one (1) year or both such fine and imprisonment at the discretion of the

court.

Article C. Sale of Rugby and Other Volatile Substances

Section 24. Prohibited Act. All business establishments are prohibited from

selling rugby solvent and other similar volatile substances such as paint thinner, lacquer,

turpentine, and the like to any person below eighteen (18) years of age.

Section 25. Penalty. Violation of the provision of this Article shall be penalized

by cancellation of their business permits or licenses.


Article D. Curfew for All Minors Between the Hours of

Ten O’clock in the Evening and Four O’clock

in the Morning of the Following Day

Section 26. Declaration of Policy. It is hereby declared the policy of the City

Government of Kidapawan to provide protection to children from all forms of abuse,

neglect, cruelty and other forms of deprivation prejudicial to their growth and

development. Therefore, the best interest and welfare of the children shall be the

paramount consideration in legislations geared towards protecting them from all scourges

of illicit drugs, prostitution, child abuse and exploitation as well as gambling and similar

vices inimical to public morals.

Section 27. Regulated Act. No minor shall be allowed to congregate, loiter,

wander or be in streets, plazas, or other similar public areas or in an uninhabited place

within the territorial limits of the City of Kidapawan between the hours of ten o’clock in

the evening and four o’clock in the morning of the following day.


a) “Minor”, “Child”, or “Youth” – refers to such person below 18 years old

b) Parents – refer to the lawful mother or father of the child

c) Guardian – refers to a person lawfully invested with power, and charged with the duty

of taking care of a child during his/her minority

d) Foster Parent – refers to one who has performed the duties of parent of a child as

his/her own

e) Landlord – refers to the owner, manager or administrator of a boarding house or

apartment

f) Offender – refers to one who acts contrary to law

g) Community Work – refers to work related to cleanliness, beautification, sanitation, and

the like

h) Habitual Offender – refers to one who commits violation of this Article for more than

three (3) occasions

Section 29. Exemptions. A minor shall be allowed to go out of his/her residence,

apartment, or boarding house within the curfew hours on the following circumstances:

a) When the child or minor is accompanied by a parent or guardian for any lawful or

justified reason;

b) When the minor is asked to do an errand of emergency in nature;

c) Students on their way home from classes or authorized school activities; for this

purpose, students are required to bring with them their school identification cards and/or

other means of identification;


d) Those engaged in livelihood provided they have a certification from the City Social

Welfare and Development Office (CSWDO) upon recommendation of the barangay

chairman where he/she resides. No fee or charges of whatever nature shall be paid for

such certification;

e) During city or barangay anniversary celebrations, religious holidays and/or observance

thereof, or upon the request of the barangay chairman concerned, provided that the local

authorities shall secure the safety of its constituents. In no case however shall the curfew

be temporarily lifted without the approval of the City Mayor upon request of the

barangay chairman concerned, and that such suspension of curfew shall not be beyond

three (3) days unless otherwise warranted.

Section 30. Penalties. Those who are found guilty of violating this Article shall

be fined as follows:

a) First Offense – reprimand, and the parent/guardian of such minor shall be informed of

the offense;

b) Second Offense – fine of One Hundred Pesos (Php 100.00) or community work of two

(2) hours;

c) Third Offense – fine of Two Hundred Pesos (Php 200.00) or community work of four

(4) hours;

d) For Habitual Offenders – fine of Five Hundred Pesos (Php 500.00) or community

work of eight (8) hours. Provided however, that the community work imposed in this

Article shall be in one of the offices of the barangay or any other public place within the

barangay which may be designated by the barangay chairman; provided further, that the

offender, with the consent of his/her parent/guardian, is given the option to pay the fine

or perform community work, the option of which must be stated in writing and signed by

both offender and his/her parent or guardian. In the event the offender is a student, the

community work provided for shall be done in a day of his choice but within a period of

one (1) week from the date of the commission of the offense.

Section 31. Responsibility and Enforcement. The duty to enforce this Article

shall primarily devolve upon the parents, guardians, foster parents, landlords, or adult

persons who have custody of the minors. The City Mayor, members of the Philippine

National Police (PNP) assigned in the locality, the Barangay Officials and the Civilian

Volunteer Organizations (CVO) concerned are likewise designated to strictly enforce this

measure.

The apprehending person or authority shall bring the offender to the Barangay

Hall or Police Station/Substation, whichever is nearest; and shall at the earliest possible

time inform the Barangay Chairman or his deputy or person in-charge of the

apprehension, the name and address of the offender and the name of his parent or

guardian. The offender shall however, be allowed to leave the Barangay Office or Police


Station after four o’clock in the morning to be accompanied by a barangay official or

police officer to his place of residence. The Barangay Chairman shall take the necessary

steps to verify if such offense actually occurred, and shall impose penalties provided for

within a reasonable time but not to exceed a period of one (1) week after the offense was

committed. No detention or deprivation or personal liberty shall be made or imposed

during or after the apprehension of the offense committed. It is being understood that the

fines imposed under Section 31 hereof shall not be considered detention, deprivation of

personal liberty, or constituting a criminal record.

Section 32. Disposition of Fines. All fines collected for the violation of this

Article shall be shared on a 50%-50% basis by the City Government and the Barangay

Government concerned and shall be transmitted within the reglamentary period to the

City Treasurer’s Office which shall be placed in a Trust Fund and shall be expended for

the purpose of implementing the programs for street children of both Local

Government Units which shall administer, manage, and disburse said fund for project

and/or activities pursuant to the purposes for which the fund was established.

Article E. The Kidapawan City Drug Free Workplace Program

Section 33. Declaration of Policy. Substance abuse – whether illegal or legal –

has long been proven to be a threat to both personal and public safety. It is therefore the

goal of the City Government of Kidapawan to quell the spread of this societal menace to

ensure the well-being of its residents, and, ultimately, push for a Drug-Free Kidapawan

City.

As such, it is the policy of the City Government of Kidapawan to ensure that all

its officials and employees must at all times exhibit the highest forms of moral

uprightness and integrity in performance of one’s duties, including abstaining from all

forms of substance abuse. Therefore, it shall warrant the conduct of compulsory drug-

testing of all its employees at a regular basis. It shall also undertake referral for proper

treatment and rehabilitation of employees with a substance- or drug-dependency problem.

Section 34. Definition of Terms. As used in this Article, the following terms are

defined as follows:

a) Drug Dependence - As defined by R.A. No. 9165, particularly Section 3 thereof: “it is

a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in

which the use of psychoactive drug takes on a high priority thereby involving, among

others, a strong desire or a sense of compulsion to take the substance and the difficulties

in controlling substance-taking behavior in terms of its onset, termination, or levels of

use.

b) Marijuana - As defined by R.A. No. 9165, particularly Section 3 thereof: “’Indian

Hemp’, otherwise known as “marijuana”, embraces every kind, class, genus or specie of

the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish,

bhang, guaza, churrus and ganzab, and embraces every kind, class and character of


marijuana, whether dried or fresh and flowering, or fruiting tops or any part or portions of

the plant, seeds thereof and all its geographic varieties, whether as a reefer, resin, extract,

tincture or in any form whatsoever.’

c) Shabu - Also known for its generic name ‘methylamphetamine hydrochloride’, is one

of the major stimulants taken by drug abusers. This means that shabu stimulates the

action of the central nervous system and produce psychological and physical dependence.

Section 35. Voluntary Drug Testing. Voluntary drug testing shall be undertaken

by incumbent contractual and regular employees, and persons already hired and working

under contract of service. Such drug testing shall be taken at the full expense of the City

Government as a way of ensuring that those in the government service are physically and

mentally fit, and safe from any drug dependence.

PROVIDED, however, that their refusal to submit to a drug test shall not be

taken against them nor shall it be considered as a ground for their dismissal or

termination. The funding source shall be provided by the City Government upon the

discretion of the City Mayor.

Section 36. Mandatory Drug Testing. Pursuant to Memorandum Circular No. 34,

Series of 1997 of the Civil Service Commission, in accordance with CSC Resolution No.

97-4683, which states that “the Civil Service Commission promulgates and adopts a

policy on pre-employment mental, physical-medical examinations to ensure the highest

degree of productivity of its employees.

As such, all persons entering the government service shall be required to undergo

the following tests:

1. Blood Test,

2. Urinalysis

3. Chest X-ray

4. Drug Test

5. Neuro-psychiatric Exam (if necessary)

All heads of departments/agencies are enjoined to appropriate funds for the

above-mentioned examinations as part of the Government’s Physical and Mental Fitness

Program.

In addition, hereto, mandatory drug testing shall also be administered for those

seeking renewal of their contracts of services, the required funding for which shall be

provided by the City Government and included in the annual budget of the City Health

Office.

Section 37. Types of Drug Tests to be Undertaken and the Administering

Agencies. Voluntary and mandatory drug testing as stated in this Article shall cover tests

on the use of marijuana and shabu. Drug testing for substances other than those


mentioned herein shall be taken at the expense of the employee or applicant, and/or upon

the request of the employing agency/department.

PROVIDED, that the employing agency/department has reasonable grounds for

requesting drug tests other than those for marijuana and shabu. The drug test that shall be

administered is the screening test, usually given by Dangerous Drugs Board (DDB)

accredited government agencies with Class D laboratories. Class D laboratories are those

that are capable of performing with competence, preliminary examinations or screening

tests of dangerous drugs in the body fluids, such as urine.

If and when the subject tested positive in the screening test, a confirmatory test

shall be recommended to fully check its validity. Confirmatory testing shall then be

referred to Class A or Class B laboratories duly accredited by the Dangerous Drugs

Board.

Section 38. Confidentiality of Drug Testing. All screening or confirmatory test

results are strictly confidential in nature. Their contents shall not be revealed to any

person other than the parents or guardian of the subject of the test or the subject himself.

An advisory note, however, shall be given by the testing agency center/laboratory to the

Human Resource Management Office (HRMO) or its equivalent from the employing

agency/department, stating only that the tested subject is either positive or negative.

Section 39. Treatment and Rehabilitation of Drug Dependent. If in the course of

the drug testing, an applicant or employee or person under contract of service is proven

positive through confirmatory test and a drug dependent, the said subject shall hereby be

recommended for proper treatment and rehabilitation, and shall be subjected to the

provisions stated in Section 54 of Republic Act 9165, as amended, otherwise known as

“The Comprehensive Dangerous Drug Law of 2002”.

Section 40. The Role of Human Resource Management Office (HRMO). The

Human Resource Management Office (HRMO) or its equivalent from the employing

agency/department, shall be the primary body that will monitor the proper procedural

flow in taking voluntary or mandatory drug testing among officials and employees of the

city government. Its head shall oversee the proper implementation of the drug testing

procedure.

Section 41. Procedures in Voluntary Drug Testing. The following procedures

shall be undertaken by those who may want to avail of voluntary drug testing:

a. The interested employee or person under contract of service shall

approach the Head of the Human Resource Management Office (HRMO)

or the head of its equivalent from the employing agency/department, or

his/her designated officer for a request for voluntary drug testing. The

former shall confer with the latter for the appropriate date, time and venue

of the drug testing. A request form shall be duly accomplished by the

interested employee or person under contract of service for this purpose;


b. On the designated date, time and venue, the interested employee or

person under contract of service shall give the request form to the assigned

personnel of the testing center/laboratory duly accredited by the

Dangerous Drugs Board (DDB). The subject shall then be administered

the screening test using urine as a sample;

c. The testing center/laboratory through the assigned personnel shall

provide the subject with his/her screening test results. An advisory note

stating only whether the subject is either positive or negative shall be

submitted, by the testing center/laboratory to the Head of the HRMO or

the head of its equivalent office from the employing agency/department;

d. If tested positive, the subject is advised to take confirmatory test. If

willing to undergo the said test, the subject will confer with the Head of

the Human Resource Management Office (HRMO) or the head of its

equivalent from the employing agency/department, or his/her designated

officer the appropriate date, time and venue of confirmatory testing. An

advisory note shall again be given to the Head of the HRMO or the head

of its equivalent from the employing agency/department. The subject shall

be provided and properly advised on the result of his/her confirmatory test.

Section 42. Procedures in Mandatory Drug Testing. The following procedures

shall be undertaken by those who will avail of mandatory drug testing as a pre-

employment requirement;

a. Prior to the first day of official hiring, all newly-accepted persons under

contracts of services shall be given respective notices by the Head of the

Human Resource Management Office (HRMO) or the head of its

equivalent from the employing agency/department, or his/her designated

officer, requesting them to undergo drug testing. They shall be informed to

report to the HRMO or its equivalent from the employing

agency/department to get their respective request forms stating the

scheduled date, time and venue of the drug testing;

b. On the designated date, time and venue, the subject shall give the

request form to the assigned personnel of the testing center/laboratory duly

accredited by the Dangerous Drugs Board (DDB). The subject shall then

be administered the screening test using urine as a sample;

c. The testing center/laboratory, through the assigned personnel, shall

provide the subject with his/her screening test results. An advisory note

addressed to the HRMO or its equivalent from the employing

agency/department shall be given to the subject with instruction to submit

the same to the said office for full compliance of the pre-employment

requirement;


d. If tested positive, the subject is advised to take confirmatory test. If

willing to undergo the said test, the subject shall confer with the Head of

the Human Resource Management Office (HRMO) or the head of its

equivalent from the employing agency/department, or is/her designated

officer the appropriate date, time and venue of confirmatory testing. An

advisory note shall again be addressed to the HRMO or its equivalent from

the employing agency/department, and be given to the subject with

instruction to submit the same to the said office. The subject shall be

provided and properly advised on the result of his/her confirmatory test.

Section 43. Violation of Confidential Nature of Drug Test Results. In case the

drug test results are revealed other than those provided in the provision of this Article and

those stated in Republic Act No. 9165, otherwise known as the “The Comprehensive

Dangerous Drug Law of 2002”, the offender shall be penalized with a fine not exceeding

Five Thousand Pesos (P5,000.00) or an imprisonment for a period not exceeding one (1)

year or both at the discretion of the Court;

Section 44. Failure or Refusal to Submit to Drug Testing and the Drug Test

Results; Its Effect: The failure and/or refusal of newly-accepted personnel, newly-

accepted persons under contracts of services, and those seeking renewal of their

contractual appointments or contracts of services, to submit the result of drug tests within

two (2) days from the date of the latest drug test, or their refusal to submit their bodies for

drug testing as a pre-employment requirement, shall be sufficient ground for the

disapproval of their final appointments or contracts of services.

Article F. Anti-Smoking

Section 45. Regulated Acts. It shall be unlawful for any person to smoke or allow

smoking in a public utility vehicle, government-owned vehicle or any other means of

public transport for passengers, accommodation and entertainment establishments, public

buildings, public places as defined in Section 46 (e) of this Article, enclosed public place,

or in any enclosed area outside of one’s private residence, private place of work, cars

owned by the government or duly designated smoking areas, within the territorial

jurisdiction of Kidapawan City;


a. Smoking refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or

any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the

like within the prohibited areas for smoking shall constitute a prima facie evidence as an

act of smoking prohibited under this article;

b. Public Utility Vehicle and/or Conveyance refers to Public Utility Jeepneys (PUJs),

Public Utility Buses (PUBs), taxis, tricycles and other public utility vehicles used in the

transport of passengers;


c. Accommodation and Entertainment Establishments refer to restaurants, fastfoods,

eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto

bars, and movie houses, or any other place with pleasant environment and atmosphere

conducive to comfort, healthful relaxation and rest, offering food, sleeping

accommodation and recreational facilities to the public for a fee;

d. Public Building refers to any of the following:

(1.) A building structure owned by the government or owned by a private

person but used, rented or occupied by the government or any of its

instrumentalities;

(2.) Any building or structure used or controlled exclusively for public

purposes by any department or branch of government, local government

unit or barangay without reference to the ownership of the building;

e. Public Place refers to gasoline stations, banks, malls, town squares, terminals,

shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums,

funeral parlors, barber shops, and other similar places where people usually congregate

either to while away their time or to listen or attend concerts, rallies, programs such as,

but not limited to, the City Plaza, the Kidapawan City Pilot Elementary School Oval, and

the like;

f. Designated Smoking Room refers to a delineated room inside the accommodation

establishment, or public place or enclosed public place, which is totally enclosed where a

person is allowed to smoke without violating this Ordinance.

Any duly designated room/area in accommodation and entertainment

establishments, whether tourism-accredited or not, within the territorial jurisdiction of

Kidapawan City as hereinabove defined, provided, the following conditions are met:

(1) If the accommodation and entertainment establishment is air-

conditioned, it must establish and designate a smoking room which shall

not be more than one-fourth (¼) of the total accommodation area of the

establishment that is air conditioned and equipped with an exhaust fan and

totally enclosed on all sides and separated from the rest of the premises

where smoking is prohibited; and

(2) If the accommodation and entertainment establishment is not

airconditioned, it must establish and designate a smoking area which shall

not be more than one-fourth (¼) of the total accommodation area of the

establishment that is fully ventilated and separated from the rest of the

premises where smoking is prohibited.

g. Enclosed Area refers to an area which is closed, whether totally or partially, at the

sides and is roofed or make use of the floor above it as a ceiling, or even if open on all

sides but is covered by a roof, permanent or temporary in nature;


h. Enclosed Public Place refers to a room, building, structure or edifice that is

constructed with a shelter or covered by a roof with panels or concrete wall, which

structure is open to the public.

Section 47. Prohibited Acts. The following acts shall be prohibited:

a. Smoking in any of the places enumerated in this Article except in duly

designated smoking areas;

b. Knowingly allowing, abetting, or tolerating smoking in accommodation

establishments, whether tourism-accredited or not, except when smoking is

done inside or within the duly designated smoking areas referred to in this

Article;

c. Smoking while inside a government-owned or public utility vehicle whether

moving or stationery or while solicitation of passengers is going on or while

the vehicle is waiting for passengers;

Section 48. Rules and Regulations:

1. The following persons/individuals are deemed liable under this Article:

a. Any person smoking within the prohibited rooms, areas/establishments

mentioned in Section 46 hereof;

b. Any passenger, driver, conductor, or inspector of government-owned

vehicles or public utility vehicles (PUVs) smoking as stated in Section 47

( c ) hereof;

c. The President or Manager in case of a company, corporation, or

association or the owner/proprietor or operator in case of single

proprietorship, of accommodation and entertainment establishments,

whether tourism accredited or not, who knowingly allows, abets or

tolerates and/or fails to warn, advise or report violators of this Article to

any policeman or nearest police station within three (3) hours from the

violation thereof;

2. The City Health Office and City Engineer’s Office are tasked to inspect and certify the

appropriateness of the designated smoking areas provided by accommodation

establishments, whether tourism-accredited or not, taking into consideration the purpose

of the law which is to protect non-smokers from the pernicious effects of tobacco smoke;

A period of sixty (60) days shall be given to the management of the accommodation and

entertainment establishment to comply with the requirements of this article. Non-

compliance with the requirements set forth in this Article shall be a ground for

cancellation of the business permit by the Licensing and Business Permit office.


3. The City Engineer’s Office is hereby tasked to put up billboards in a conspicuous place

in the City to notify the public of the restrictions, sanctions and penalties provided in this

Article.

4. The Philippine National Police (PNP) is tasked with the proper and vigorous

implementation of this Article.

Section 49. Penalties. Violators of the provisions of this Article shall be subject

to a fine of not less than Php 500.00 nor more than Php 2,000.00 or imprisonment of not

less than one (1) month nor more than six (6) months or both, at the discretion of the

Court, except for Paragraphs 2 & 3 hereunder.

(1.) In cases of establishments which do not opt to declare their establishment as

totally free from smoking but fails to provide the appropriate designated smoking

area as certified by the City Health Office and City Engineer’s Office within the

60-day period specified in the provision of this Article, their business permit may

be revoked;

(2.) In cases where there is failure to warn or advise would-be violators of this

Article, or failure to report violators as required in Section 48, paragraph 1 (c)

hereof or smoking is allowed, abetted or tolerated in establishments in violation of

this Article, a penalty shall be imposed upon the President or Manager in cases of

corporations, partnerships or associations, or the owner, proprietor or operator in

cases of single proprietorship, whether tourism- accredited or not as follows:

a. First Offense Php 300.00 or one (1) month imprisonment or both at the

discretion of the court

b. Second Offense Php 500.00 or two (2) months imprisonment or both at

the discretion of the court

c. Third and subsequent offenses Php 1,000.00 or four (4) months

imprisonment or both at the discretion of the court

(3.) Three (3) violations of this Article shall be a ground for cancellation of the

establishment’s business permit.

(4.) For drivers/passengers of Public Utility Vehicles (PUVs)

a. First Offense Php 100.00 or one (1) month imprisonment or both at the

discretion of the court

b. Second Offense Php 300.00 or two (2) months imprisonment or both at



c. Third Offense Php 500.00 or three (3) months imprisonment or both at


TITLE II. PUBLIC SAFETY

Article G. Possession and Sale of Firecrackers


a. It shall be unlawful for any person, partnership, corporation, or any

other entity to manufacture, sell or offer for sale, distribute, and/or possess

in commercial quantities any firecracker or pyrotechnic device or such

other similar devices within the territory of Kidapawan City without first

obtaining a permit to engage in such activities from the Office of the City

Mayor, in addition to other requirements imposed under Republic Act

7183;

b. It shall be unlawful for any person, partnership, corporation, or any

other entity to manufacture, sell or offer for sale, distribute, and/or possess

in commercial quantities, or use any firecracker or pyrotechnic device or

such other similar devices in any place not designated by the City

Government as a “Firecrackers and Pyrotechnics zone.” Provided, that the

designated area must not be adjacent to residential, medical, educational,

and religious structures where potential damage or injury to life, limb or

property might be magnified;

c. It shall likewise be unlawful for any person to discharge or explode, or

cause to discharge or to explode, any firecrackers, or any other explosive

or to use any pyrotechnic device or any such other similar device, if such

use causes physical injury to oneself and/or to another person or to groups

of people.



a. For the first offense, a fine of One Thousand Pesos (Php 1,000.00) and

imprisonment of not less than One (1) month but not more than Three (3)

months shall be imposed;

b. For the second offense and subsequent offenses, a fine of Three

Thousand Pesos (Php 3,000.00) and imprisonment of not less than Three

(3) Months but not more than Six (6) months shall be imposed.

In all cases, if the violation is committed by a partnership, corporation, or

any other juridical entity, the President, General Manager or any


responsible officer or employee thereof shall be held liable. In addition to

the foregoing penalties, the business permit of such establishment shall be

revoked and the unauthorized firecrackers and/or pyrotechnics shall be

confiscated;

c. The violator shall have the option of paying a no-contest penalty fine of

Php 5,000.00 to avert the filing of any criminal charge against him/her,

which shall be duly receipted by the City Treasurer’s Office.

Article H. Regulation on the Use of Bamboo Sticks

or Skewers

Section 52. Regulated Act. Any business establishment such as, but not limited

to, restaurants, carinderias, sidewalk stalls or establishments preparing food for public

consumption and display, which serve barbecued meat such as pork, beef, chicken, fish

or food requiring the use of barbecue sticks or skewers are hereby required to cut the

sharp end or remove the barbecue sticks or skewers completely before serving to the

customer;

Section 53. Prohibited Act. Any used barbecue stick or skewer shall not be re-

used for skewer food;



a. First Offense - A fine of Php100.00;

b. Second Offense - A fine of Php150.00;

c. Third Offense - A fine of Php200.00 or an imprisonment of one (1)

month or both upon discretion of the court and closure of the business

establishment with cancellation of the business permit.

Article I. Storing of Flammable, Explosive or Highly

Combustible Materials

Section 55. Regulated Act. No person shall keep or store in his place of business

or elsewhere in this city any flammable or highly combustible material without first

securing a permit thereof from the Mayor through the Chief of the Fire Department and

paying the corresponding permit fee imposed under existing tax ordinances.

Section 56. Administrative Provisions

1) The chief of the Fire Department or any official designated as such or his duly

authorized representative shall have supervision over the location and manner of storing


flammable or highly combustible materials in accordance with promulgated rules and

regulations on fire prevention and, if manner of storing such materials constitute a fire

hazard, he shall issue an order to the processor thereof directing that the same shall be

stored somewhere or removed within twenty-four (24) hours.

2) No permit shall be issued for the storage of gunpowder, dynamite, explosive, blasting

supplies or ingredients thereof, unless there is a prior clearance or authorization issued by

the Chief of Fire Department or his duly authorized representative.

Section 57. Applicability Clause. All other matters relating to Fire inspection and

issuance of permit thereof shall be governed by the pertinent provisions of RA 9514 (Fire

Code of the Philippines) and other existing laws, rules and regulations.

Section 58. Prohibited Acts. The following are prohibited under this Article:

a. No person or establishment shall be allowed to store any flammable, highly

combustible or volatile materials, particularly gasoline or kerosene in large

volumes, or liquefied petroleum gas (LPG) tanks in large quantities.

b. Empty containers shall not be used as containers for refills for such

flammable, highly combustible or volatile materials intended for storage,

resale or distribution.

c. Only authorized and duly-accredited trucking services hired by suppliers of

flammable, highly combustible or volatile materials are allowed to transport

such materials within the City, or to passing through the city streets going to

other places.

Section 59. Penalty. Violators of the provisions of this Article shall be punished

by a fine of not more than Two Thousand Five Hundred Pesos (Php 2,500.00) or

imprisonment of not more than six (6) months, or both fine and imprisonment at the

discretion of the court.

TITLE III. PUBLIC SECURITY

Article J. Prohibiting the use of Cellular Phones,

Hand-held Radios, Personal Digital Assistant (PDA)

and Other Similar Electronic Devices While Driving

Section 60. Declaration of Policy. Section 5 of Article II of the 1987 Constitution

provides that “the maintenance of peace and order, the protection of liberty, and property,

and the promotion of the general welfare are essential for the enjoyment by all the people

of the blessings of democracy”;


Section 61. Scope and Applicability. The provisions of this Article shall be

applicable to all drivers of any motorized vehicle in all streets, roads and boulevards

within the entire territory and jurisdiction of the City of Kidapawan;

Section 62. Prohibited Act. All persons behind the steering wheel and having

control of the motorized vehicle, public or private, are prohibited from using cellular

phones, hand-held radios, Personal Digital Assistant (PDA) and other similar electronic

devices while driving;

Section 63. Exemption. Drivers involved in emergency communication and

response such as ambulance, fire trucks, search and rescue vehicles, police patrol cars,

military vehicles and the like are hereby exempted when using hand-held radios while

driving in the performance of their official duties;

Section 64. Penalty. Any person who shall violate the provisions of this Article

shall be subjected to a fine of One Thousand Pesos (Php 1,000.00), PROVIDED,

however, that if a violation causes a traffic accident, the driver shall be subjected to an

additional fine not exceeding Five Thousand Pesos (Php 5,000.00);

PROVIDED, further, that the violator shall be subjected to the confiscation of

his/her driver’s license by the Traffic Management Unit, other duly authorized traffic

personnel, or any law enforcer. The confiscated license shall then be turned over to the

Land Transportation Office (LTO) for retrieval by the person upon payment at the City

Treasurer’s Office of the fine as above-provided.

All penalties are without prejudice to the application of the provisions of other

existing applicable ordinances and laws.

Article K. Wearing of Crash Helmets

Section 65. Regulated Acts. All drivers and riders of single motorcycles plying

along the city streets and national highways within the territorial jurisdiction of

Kidapawan City are required to wear crash helmets while operating or driving said

motorcycles.

PROVIDED, however, that when plying through identified checkpoints and

chokepoints, motorcycle drivers and rider shall slow down to a halt and take off their

helmets;

FURTHERMORE, non-wearing of helmets by all motorists coming in the city is

allowed within a designated area in the Poblacion in order for the driver and the rider to

be captured and viewed on CCTV as a precautionary measure against crimes and

violation of speed limit perpetuated by so-called “riding in tandem” criminals;

PROVIDED FURTHER, that non-wearing of helmets may be allowed within a

designated area in the Poblacion in the interest of Peace and Order and Security as maybe


ordered by the City Executive upon recommendation of the City Peace and Order

Council.

PROVIDED FINALLY, that only one (1) person is allowed as back rider and

shall likewise wear a crash helmet or other protective head gear when riding the

motorcycle.


1. Non-wearing by drivers of crash helmets or other protective head gears

while driving single motorcycles outside the central business district and

beyond checkpoints and chokepoints within city limits;

2. Drivers allowing more than one (1) person apart from the driver to ride

on single motorcycles;

3. Drivers allowing a backrider or rider to ride on single motorcycles

without wearing crash helmet;

4. Allowing minors below eight (8) years old to ride on single motorcycles


administratively penalized as follows:

a. First Offense - Fine of One Thousand Pesos (Php1,000.00)

b. Second Offense - Fine of Two Thousand Pesos (Php2,000.00)

c. Third Offense - Fine of Three Thousand Pesos (Php3,000.00)

In addition, in all instances, the motorcycle of the erring driver shall be

impounded and shall not be released until the fines are fully paid. The City Treasurer or

his agents shall collect the administrative fines herein provided and issue official receipts

therefore.

Article L. Setting Speed Limits for All Kinds of

Motor Vehicles Within the Territorial

Jurisdiction of Kidapawan City


ensure public safety by instituting measures to protect the citizens of Kidapawan from

reckless drivers and traffic violators who pose a threat to pedestrians and other

commuters within the city’s territorial jurisdiction.

As such, it adheres to the precept of speed restriction as embodied in Sec. 35 of

Republic Act 4136, or the Land Transportation and Traffic Code, that states: “(a) Any


person driving a motor vehicle on a highway shall drive the same at a careful and prudent

speed, not greater than is reasonable and proper, having due regard for the traffic, the

width of the highway, and of any other condition then and there existing; and no person

shall drive any motor vehicle upon a highway at such speed as to endanger the life, limb

and property of any person, not at a speed greater that will permit him to bring the vehicle

to a stop within the assured clear distance ahead

Section 69. Regulated Acts. The rate of speed of any motor vehicle shall not

exceed the following:

1. From Landmak to Crossing:

Balindog

Pinantao

Estañol

Magsaysay

- Speed limit 30 KPH

2. From crossing Pinantao to Boundary Sibawan – 60KPH

3. From crossing Estañol to Ilomavis – 60 KPH

4. From crossing Magsaysay to Junctionn – 60 KPH

5. From Crossing Balindog to Kilameter 114 – 60 KPH

6. From 114 to Patadon – 80 KPH

Section 70. Exemption. Drivers involved in emergency and response such as

ambulance, fire trucks, search and rescue vehicles, police patrol cars in pursuit of

criminal elements or traffic violators, military vehicles and the like are hereby exempted

from the speed limits prescribed herein while driving in the performance of their official

duties provided that utmost care must be observed;

Section 71. Penalty. Any person who shall violate the provisions of this Article

shall be subjected to a fine of One Thousand Pesos (Php 1,000.00), PROVIDED,

however, that if a violation causes a traffic accident, the driver shall be subjected to an

additional fine not exceeding Five Thousand Pesos (Php 5,000.00);

PROVIDED, further, that the violator shall be subjected to the confiscation of

his/her driver’s license by the Traffic Management Unit, other duly authorized traffic

personnel, or any law enforcer. The confiscated license shall then be turned over to the

Land Transportation Office (LTO) for retrieval by the person upon payment at the City

Treasurer’s Office of the fine as above-provided.

All penalties are without prejudice to the application of the provisions of other

existing applicable ordinances and laws.


Article M. Mandating All Business Establishments

to Install High End and High Definition CCTV

Cameras within its Premises

Section 72. Declaration of Policy. Section 6, Article II of the 1987 Constitution

provides for the maintenance of peace and order, the protection of life, liberty and

property, and the promotion of the general welfare. Peace and order conditions in almost

all parts of the country has been at stake as incidence of robberies and hold-ups in

business establishments and the threat of bombing incidents in identified places in

Mindanao have been causing alarm among Kidapawenos. The safety and security of

business establishments and its clientele are of utmost concern as targets of criminal

activities. Thus, the City Government mandates the installation of closed circuit

television cameras in all business establishments in Kidapawan City as a safety measure

and deterrent against criminal elements.

Section 73. Definition of Terms

a. Closed Circuit Television (CCTV) Camera – refers to an electronic device that

records the activities and persons coming in and out of establishments and its

premises where it is installed

b. Large-Scale Enterprises – refer to business establishments with a declared

capitalization of One Hundred Million Pesos and above

c. Medium-Scale Enterprises – refer to business establishments with a declared

capitalization of Fifteen Million Pesos to One Hundred Million Pesos

d. Small-Scale Enterprises - to business establishments with a declared capitalization

of One Hundred Thousand Pesos and above but not more than Fifteen Million

Pesos

e. Micro-Scale Enterprises – refer to business establishments with a declared

capitalization of less than One Hundred Thousand Pesos

Section 74. General Provisions

1. All Large-, Medium-, and Small-Scale Enterprises shall install, operate and

maintain high end and high definition Closed Circuit Television (CCTV)

cameras in all entrance and exit points of their establishments. Micro-Scale

Enterprises whose locations are contiguous and/or adjacent to one another

may opt to agree among themselves to install CCTV cameras in strategic

points within their vicinities;

2. The installed CCTV cameras shall be positioned or angled at eye level of an

average-height person to ensure facial and physical recognition of every

person entering or leaving the premises of establishments;

3. All Large-, Medium-, Small-, and Micro-Scale Enterprises shall hire trained

security personnel who shall subject every individual to a body

search/inspection, including one’s purse, bag, pouches and backpack upon


entering the establishment’s premises, and that such procedure must be

captured and recorded on CCTV cameras;

4. Trained security personnel shall likewise require individuals wearing

headgears, dark shades and tinted eyewear to remove it upon entering the

premises.

Section 75. Penal Provisions. Non-compliance by establishment

owners/proprietors shall be penalized accordingly, to wit:

a. First Offense – Php 2,000.00

b. Second Offense – Php 3,000.00 and suspension of business operation for one

month

c. Third Offense – Php 5,000.00 and revocation of Business Permit and closure

of the business establishment

Article N. Prohibiting the Sneaking-in/Smuggling

of any forms of Contraband in Detention Cells,

Jails and Reformatory Centers in Kidapawan City

Section 76. Declaration of Policy. It is hereby declared the policy of the City

Government of Kidapawan to:

a) Eliminate contrabands in detention cells, jails and reformatory centers

in Kidapawan City by prohibiting its possession and entry;

b) Strengthen the implementation of security measures in jail facilities in

order to prevent occurrence of illegal drug trade, escape of inmates, and

self-destruction and to others;

c) Protect public health and well-being of the inmates by penalizing any

person who shall sneak-in/smuggle any form of contraband inside

detention cells, jails and reformatory centers situated in Kidapawan

City.

Pursuant to Section 16, Chapter 2 of the Local Government Code, the

Local Government Units has the power to enact ordinances necessary for the promotion

of the general welfare, and ensure maintenance of peace and order, and preservation of

comfort and convenience of their inhabitants.

Section 77. Definition of Terms. For purposes of this Article, the following

terms shall mean as defined:

(1) Detention Cells, Jails and Reformatory Centers – refers to facilities that

house persons in conflict with laws or have committed infractions

thereof. It is also a place where persons are being temporarily held for

purposes of safekeeping and rehabilitation pending resolution of their


cases before the courts of law and while they are being prepared for

the reintegration to the society.

(2) Contraband – refers to:

a) Prohibited drugs as enumerated in R.A. 9165, otherwise

known as the “Comprehensive Drugs Act of 2002”;

b) Deadly Weapons included under P.D. 1866 as amended such

as bladed weapons, firearms, ammunition or explosives;

c) Nuisance Contrabands – any item or thing, other than

prohibited drugs and deadly weapons, not illegal per se but

merely regulated which are considered means of vices and

depravities, and presents threat to security such as

cellular/mobile phones; video camera/still camera/laptop,

desktop; pointed or sharpened objects; clothes in

excess of what is allowed; computer, two-way radio and other

electronic device; aircon, air cooler, refrigerator; DVD and

portable DVD players; cigars, cigarettes, matches, lighters;

pieces of jewellery; liquors and other intoxicating substance;

pornographic materials; gambling paraphernalia, and sleeping

paraphernalia, and other products prohibited by detention

cells, jails and reformatory centers officials.

(3) Paraphernalia – refers to any instrument or contraption, used for the

dispensation or intake of harmful substance especially illegal drugs,

or any equipment necessary for a particular operation like

gambling.

(4) Personnel – refers to officers, warden, wardress, staff or other person

employed in detention cells, jails and reformatory centers.

(5) Local Authorities – refers to the Bureau of Jail Management and

Penology (BJMP), Philippine National Police (PNP) and

Department of Social Welfare and Development (DSWD).

Section 78. Prohibited Acts. The following are considered prohibited acts.

(1) Possession of Prohibited Drugs. No person shall process or use any

of the prohibited drugs, upon entering and/or while inside the

detention cells, jails and reformatory centers.

(2) Possession of Deadly Weapon. No person shall possess deadly

weapon upon entering and/or while inside the detention cells, jails

and reformatory centers.

(3) Possession of Nuisance Contrabands. No person shall possess

nuisance contrabands as defined under Section 3.2.c of this ordinance


upon entering and/or while inside the detention cells, jails and

reformatory centers.

Section 79. Penal Provision.

(1) Violation of Section 78.1 of this ordinance shall be proceeded against,

in accordance with the provision of R.A. 9165, otherwise known as

the “Comprehensive Drugs Act of 2002”.

(2) Violation of Section 78.2 of this ordinance shall be proceeded against,

in accordance with the provision of P.D. 1866, as amended by R.A.

8294, in case, if the confiscated contraband is a bladed weapon.

Deadly weapon confiscated shall be disposed of, in accordance with

pertinent laws.

(3) Violation of Section 78.3 of this ordinance shall be penalized

accordingly, via:

First Offense - P1,000.00 and forfeiture of the confiscated

contraband

Second Offense - P3,000.00 and forfeiture of the confiscated

contraband

Third Offense - P5,000.00 and forfeiture of the confiscated

contraband

The above sated amounts shall be paid at the City Treasurer’s

Office. If the convicted offender refuses or is unable to pay fine, he shall

be subjected to subsidiary imprisonment per Article 39 of the Revised

Penal Code as amended by R.A. 10159. In the case of an inmate, he shall

be required to render extra fatigue service within the facility where he is

confined.

(4) Any personnel or detention cells, jails and reformatory centers who

shall provide the visitor or inmates any of the afore-cited contrabands

shall be held in accordance with the provisions of this ordinance and

shall also be charged administratively and criminally if evidence so

warrants.

(5) Not illegal per se or which are objects of lawful commerce, shall be

sold by auction by the LGU, after thirty (30) days or after the

appropriate case is disposed of, by competent court, proceeds of which

shall be remitted to the City Treasurer.

Section 80. Implementing Rules and Regulations. The City Mayor shall

create a Technical Working Group (TWG) that shall formulate the implementing Rules


and Regulations necessary to carry out the provisions this ordinance. The Technical

Working Group shall compose of the following:

Chairman - City Mayor

Vice Chairman - Peace and Order and Public Safety Committee of

the Sanggunian

Members - Jail Warden

- City PNP Chief of Police,

- City Social Welfare and Development Officer

, -other members whom the City Mayor shall

involve in the formulation of the implementing

Rules and Regulations of this ordinance

- Secretariat

Article O. Prohibiting Entertainment and other

Business Establishments from Allowing Entry of

Persons with Firearms, Ammunitions and Explosives

and for other Related Acts


promote the safety of its establishments by ensuring that such are protected from the

injurious and fatal effects of acts of persons unnecessarily using firearms, whether

licensed, permitted or not, in entertainment and other business establishments. It is the

objective of this Article to ensure that personal safety and security of patrons of these

establishments from possible harm brought by acts of persons unnecessarily possessing

and/or using such firearms.

Section 82. Definition of Terms. For purposes of this Article, the following terms

are defined as follows:

(a) Entertainment Establishment – refers to any place that offers entertainment to

the general public that allows ingress and egress of persons to the establishment

itself whether for a fee or for free which includes, but not limited to, movie

houses, theaters, videoke or sing along bars, disco clubs whether enclosed or not;

(b) Other Business Establishment – refers to any place that deals business with the

general public that allows ingress and egress of persons to the establishment itself

that includes, but not limited to, hotels, motels, lodging houses, restaurants,

eateries, coffee shops, shopping arcades and internet cafes whether enclosed or

not;

(c) Firearms, Ammunitions and Explosives – refer to the firearms, ammunitions

and explosives contemplated under Republic Act No. 8294, an Act Amending the

provisions of Presidential Decree No. 1866 (as amended).


Section 83. Prohibited Acts. The following are considered prohibited acts.

(a) Entertainment and Other Business Establishments are prohibited from

allowing any person in possession of any firearm, ammunition or explosive from entering

its business or store premises during business or store hours.

Provided, that if the said person is a member of the Armed Forces of the

Philippines (AFP), the Philippine National Police (PNP) or any duly constituted law

enforcement agency, he can be allowed entry into the establishment after proper showing

by legal documentation that he is legally permitted to carry such firearm, ammunition, or

explosive by reason of an official mission inside the said premises or in hot pursuit

therein relative to law enforcement inside the said premises.

Provided, finally, that any firearm, ammunition and explosive duly turned over to

the security personnel or security guard of the entertainment and other business

establishment and thereafter deposited and registered in the proper safekeeping area or

place within the said entertainment and other business establishment shall not be

considered to have been brought inside said premises for purposes of this Article;

(b) Any person in possession of any firearm, ammunition, or explosive is

prohibited from entering any entertainment and other business establishment unless he is

a member of the Armed Forces of the Philippines (AFP), the Philippine National Police

(PNP) or any duly constituted law enforcement agency who by proper legal

documentation is legally permitted to carry such firearm, ammunition, or explosive by

reason of an official mission inside the said premises or in hot pursuit therein relative to

law enforcement inside the said premises.

Section 84. Persons Liable. The following are liable under this Article:

(a) The owner or operator of the entertainment and other business establishment

who allows any person in possession of any firearm, ammunition or explosive to enter its

entertainment and other business establishment. Provided, that if at the time any person in

possession of any firearm, ammunition or explosive is allowed entry into the

entertainment and other business establishment the said owner or operator is not present

or that the said owner or operator is a juridical person, the President, General Manager,

Manager, Head, Supervisor, or any responsible person who has actual management or

supervision of the said entertainment and other business establishment at that time shall

be liable. Provided, finally, that any firearm, ammunition and explosives duly turned over

to the said security personnel or security guard and thereafter deposited and registered in

the proper safekeeping area or place within the said entertainment and other business

establishment shall not be considered to have been brought inside the said premises for

purposes of this Article;

(b) Any security personnel or security guard assigned in the said entertainment

and other business establishment who actually allows such person to enter the

entertainment and other business establishment shall also be liable. Provided, that any


firearm, ammunition and explosive duly turned over to the said security personnel or

security guard and thereafter deposited and registered in the proper safekeeping area or


considered to have been brought inside said premises for purposes of this Article;

(c) Any person in possession of any firearm, ammunition or explosive who enters

any entertainment and other business establishment other than the members of the Armed

Forces of the Philippines, the Philippine National Police or any duly constituted law

enforcement agency who by proper legal documentation is legally permitted to carry such

firearm, ammunition or explosive by reason of an official mission inside the said

premises or in hot pursuit therein relative to law enforcement inside the said premises.

Provided, that any firearm, ammunition, and explosive duly turned over to the

security personnel or security guard of the entertainment and other business

establishment and thereafter deposited and registered in the proper safekeeping area or


considered to have been brought inside the said premises for purposes of this Article.

Section 85. Penalties. The persons liable under this Article shall be penalized as

follows:

a. Those covered under Section 80, Paragraph (a) above and found guilty thereof

shall be penalized with a fine of not more than Five Thousand Pesos (Php 5,000.00) or

imprisonment of not more than one (1) year, or both, at the discretion of the court;

b. Those covered under Section 81, Paragraph (b) above and found guilty thereof

shall be penalized with a fine of not more than Three Thousand (Php 3,000.00) Pesos or

imprisonment of not more than six (6) months, or both, at the discretion of the court;

c. Those covered under Section 81, Paragraph (c) above and found guilty thereof

shall be penalized with a fine of not more than Five Thousand (Php 5,000.00 Pesos or

imprisonment of not more than one (1) year, or both, at the discretion of the court;

Provided, that if the offender is a member of the Armed Forces of the Philippines (AFP),

the Philippine National Police (PNP) and other duly constituted law enforcement

agencies and not exempt from liability as provided in this Article, the penalties in its

maximum shall be imposed; Provided, finally, that in case the possession of the offender

of the firearm, ammunition or explosive is not duly permitted pursuant to applicable laws,

he shall likewise be charged for such illegal possession in the proper courts accordingly

under existing laws.

Section 86. Administrative Sanctions. Entertainment and other business

establishment covered by this Article shall provide within its premises an adequate

safekeeping area where all firearms, ammunitions, and explosives of persons entering its

premises shall be deposited after registration and identification. The said firearms,

ammunitions and explosives so deposited shall be kept under lock and key and fully

secured. This requirement shall be provided by entertainment and other business


establishments covered by this Article within thirty (30) days from the effectivity of this

Code;

In addition to the penal liabilities provided under Section 82, any violation by the

owner, operator, manager, supervisor or other persons connected with the entertainment

and other business establishments covered by this Code or any of the provisions of this

Code shall subject the entertainment and other business establishments to administrative

liabilities as follows:

a. First Offense - not more than Php1,000.00

b. Second Offense - not more than Php3,000.00

c. Third and subsequent offenses - cancellation and/or revocation of

Infraction the business permit

TITLE IV. PUBLIC ORDER

Article P. Holding of Rallies, Demonstrations

and Other Assemblies

Section 87. Regulated Acts. No person shall hold or conduct stage rally,

demonstration, or other assemblies for whatever legal purposes without first obtaining a

permit from the City Mayor and paying the corresponding fee imposed under existing

tax ordinances.

Section 88. Administrative Provisions

1) Any person or group of persons desiring to hold a rally, demonstration of other similar

assemblies shall first obtain a permit from the Mayor before undertaking the activity. For

the purpose, a written application in a prescribed form shall be submitted to the office of

the City Mayor. The application shall set forth the name and address of the applicant,

organizer or sponsor of the activity, description of the activity, the place where the same

will be conducted and such other pertinent information or data as may be required.

2) Action by the Mayor on the application shall be considered as a ministerial duty and

he can only deny the granting of the permit sought if the Chief of Police of the local PNP

or his authorized deputy will certify that the holding of such activity will pose a clear,

or there is in imminent danger to public order and safety, or probable destruction to

public and private properties. This is without prejudice to the right of the applicant or

aggrieved party to seek redress before the proper Court.

3) The police officers assigned to such kind of assemblies shall always observe the

principle of maximum tolerance. Before any dispersal operations are conducted, there

should first be held a dialogue between the law enforcers and the leader or spokesman of

the other side. Should the leader or spokesman of the rallyist or demonstrators refuses to

hold a dialogue and his group continues to act in defiance of law and public order, the


law enforcers may then assert their authority and perform the necessary legitimate action

as warranted by the circumstances.

4) The Mayor shall issue the necessary rules and regulations for the proper

implementation of this Article.

Section 89. Penalty. Violators of the provisions of this Article shall be punished

by a fine of not more than Two Thousand Five Hundred Pesos (Php2,500.00) or

imprisonment of not more than three (3) months, or both fine and imprisonment at the

discretion of the court.

Article Q. Vandalism of Public and Private Properties

Section 90. Prohibited Acts. It shall be unlawful for any person to deface or

scribble or write on the walls of public or private buildings, and/or fences exposed to

public view.

Section 91. Penalties. Any person found violating this Article, shall upon

conviction be subject to the following fines and penalties:

a. First Offense - Imprisonment of Six (6) months or a fine of Five

Hundred (Php500.00) Pesos or both at the discretion of the court;

b. Second Offense - Imprisonment of Ten (10) months or a Fine of Seven

Hundred (Php700.00) Pesos or both at the discretion of the court

c. Third Offense - Imprisonment of One (1) year or a fine of Two

Thousand (Php 2,000.00) Pesos or both at the discretion of them Court

Article R. Forced Evacuation in Times of Disaster

or Emergency, and When Danger of

Loss of Lives Becomes Eminent

Section 92. Required Acts. If upon assessment or determination of the City

Disaster Risk Reduction and Management Council (CDRRMC), forced or preemptive

evacuation of local residents is already necessary, said council shall immediately make

recommendation of such assessment. On the basis of such recommendation, the City

Government shall immediately declare the implementation of forced evacuation which

shall include but not limited to the following:

a. Designation of area where vehicles provided by the city government are stationed to

transport local residents to the identified evacuation centers;

b. Designation of evacuation centers or such places where the evacuated local residents

will be temporarily housed;


c. Declaration of the necessity for the evacuees to stay in the aforesaid evacuation

centers until there be another issuance declaring that the imminent danger within the

affected area is no longer there, if this is still possible; and

d. Provide measures to ensure the safety of local residents in the evacuation areas.

However, immediately after declaration of forced evacuation, the Municipal government

shall see to it that the local residents are notified in local dialect to evacuate, further

informing them that it is the only way to ensure their safety.

Section 93. Definition of Terms. As used in this Article, the following terms

shall mean as defined:

a. Disaster – refers to the result of a natural or man-made event which causes loss of life,

injury and property damage, including but not limited to natural disasters such as

hurricanes, tornados, floods, storms, strong winds and other weather related events; and

man-made disasters including but not limited to power plant explosions, accidents

involving hazardous materials, oil spills, explosions and civil disturbances.

b. Imminent Danger – refers to an immediate threat of harm.

c. Evacuation – refers to an operation whereby all or part of a particular population is

temporarily relocated, whether individually or in an organized manner, from an area in

which a disaster or emergency has been declared, and is considered dangerous for health

or safety of the public.

d. Forced Evacuation – refers to an evacuation order as a resort when a disaster or

emergency has been declared and danger of loss of life is imminent, and conditions exist

that critically imperil or endanger the lives of those in the defined area.

Section 94. Enlistment of Assistance of Other Government Agencies. In

declaring forced evacuation, the members of the PNP, AFP, BFP and BJMP assigned

within the affected locality may be enlisted by the City Mayor. All emergency measures

adopted shall be in coordinative and collaborative efforts by the City Government, BFP,

AFP and PNP units.

Section 95. Refusal of Local Residents to Leave Their Homes, or After

Evacuation, Go Back Therein Without an Order to Do So. In the event that local

residents refuse to leave their homes, or after the duration of evacuation, go back to their

homes/affected area without an order issued to this effect, the city government as well as

the members of the mobilized units of the PNP, AFP and BJMP may use such physical

force that is commensurate under the circumstances without discrimination and with

conscious attention to the needs of vulnerable sectors such as children, women, the

elderly and persons with disabilities, with the end view that lives are safely secured.

Section 96. Penalty. Any public official who violates any of the provisions of

this Article shall be subjected to a fine of not exceeding Five Thousand Pesos

(Php5,000.00) or imprisonment not exceeding one year , or both at the discretion of the


court, without prejudice to administrative sanctions as may be imposed under existing

laws, rules and regulations.

CHAPTER III

INSTITUTIONAL MECHANISMS

Article A. Institutional Mechanisms

Section 97. City Peace and Order Council (CPOC). The City Peace and Order

Council shall be at the forefront of overseeing the monitoring and implementation of

programs, operations and measures geared towards improving and enhancing peace and

order and public safety in the City of Kidapawan. It shall closely coordinate with

enforcement agencies such as the City PNP, Fire Station, LTO, TMU, Barangay Peace

and Order Committees (BPOC), and other agencies concerned, in all aspects of

community-based anti-crime activities such as, but not limited to the following:

a. Crime Prevention and Control

b. Counter-Insurgency and Anti-Terrorism

c. Fire Prevention and Suppression

d. Disaster Management and Control

e. Environmental Enhancement

f. Other similar activities

Section 98. Barangay Peace and Order Council (BPOC). The Barangay Peace

and Order Council shall work in close coordination with the CPOC and law enforcement

units operating in the barangays towards implementing peace and order programs,

projects and activities at the barangay level, and tasked with the following functions, to

wit:

a. Initiate, coordinate and monitor the implementation of peace and order

programs and projects at the barangay level;

b. Serve as information gathering system;

c. Monitor and check the nefarious activities of criminal elements;

d. Supervise barangay tanods in identifying barangay constituents with strong

deviant behavior for referral to appropriate authorities;

e. Maintain continuing dialogue, close coordination and rapport with the CPOC,

the CDRRMC and the law enforcement units operating in the barangay;

f. Formulate plans and recommend such measures which will improve or

enhance peace and order and public safety in their area of responsibility;

g. Supervise, coordinate and monitor the operations of all community-based anti-

crime activities undertaken within the barangay;

h. Undertake periodic assessment of the prevailing peace and order situation in

the barangay and submit report with appropriate recommendations to the

higher Peace and Order Council; and,


i. Perform such other functions which may be assigned by higher level Peace

and Order Councils.

Section 99. City Disaster Risk Reduction and Management Council

(CDRRMC). The City Disaster Risk Reduction and Management Council shall:

a. Approve, monitor and evaluate the implementation of the LDRRMPs and

regularly review and test the plan consistent with other national and local

planning programs;

b. Ensure the integration of disaster risk reduction and climate change adaptation

into local development plans, programs and budgets as a strategy in

sustainable development and poverty reduction;

c. Recommend the implementation of forced or preemptive evacuation of local

residents, if necessary; and

d. Convene the local council once every three (3) months or as necessary.

Section 100. City Drug-Free Workplace Committee. The City Drug-Free

Workplace Committee shall undertake the following duties and responsibilities:

a. To oversee the formulation and implementation of the drug abuse policy in the

agency

b. Initiate training programs for supervisors

c. Initiate continuing education and awareness program for the employees

d. Initiate and adopt value formation, family enhancement and such other related

and relevant programs

CHAPTER IV

PROVISIONS FOR IMPLEMENTATION

Article A. The City Public Safety Office

Section 101. Creation. The City Public Safety Office (CPSO) is herein created to

enhance the effective implementation of the various protective and emergency services in

the City of Kidapawan through:

a) Coordinated planning activities;

b) Clear delineation of roles and functions;

c) Improved allocation of resources;

d) Rationalized distribution of human resources and assets;

Section 102. Functions and Scope. The Public Safety Office shall:

1) Coordinate with national and local law enforcement agencies and

affiliate organizations, and with related offices of the city government


on the proper implementation of laws and ordinances pertinent to

public safety, security, peace and order;

2) Coordinate the mobilization of manpower and resources in the

implementation of contingency plans to limit effects of disasters and

other calamities;

3) Supervise the registration and regulation of public utility vehicles and

litigation of violators of traffic ordinances thereof;

4) Secure public facilities and provide civil security assistance;

5) Coordinate the formulation of the city public safety plan for submission

to the Kidapawan City Peace and Order Council including the

formulation of a comprehensive Integrated Area/Community Public

Safety Plan (IA/CPSC) annual and long-term action plans;

6) Submit recommendations to the Kidapawan City Peace and Order

Council on matters affecting public safety and order;

7) Conduct trainings for members of the various units operating in the city

performing public safety functions;

8) Undertake advocacy activities to raise community awareness on

specific issues affecting public safety and order as well as engage them

in specific activities intended to promote public safety and order.

9) Recommend to the city mayor other measures for the improvement of

public safety, peace and order in the City.

Section 103. Nature. The City Public Safety Office shall be:

1) A coordinative body responsible for coordinating the programs and

activities of existing units, offices, and organizations in Kidapawan

City involved in public safety and

2) An operational unit responsible for functions and services not presently

performed or not adequately performed by existing units, offices and

organizations.

As such, the CPSO shall have coordinative powers with the

following offices, units, or organizations:

1. Kidapawan City Police

2. Bureau of Fire Protection

3. Land Transportation Office

4. CDRRMO


5. BPAT, CSU, and TMU

6. Other agencies involved in public safety and security

Similarly, the CPSO shall have the following organic units under

its direct supervision and control:

1. Transport and Traffic Management Unit

2. Public Facilities and Civil Security Unit

3. Administrative, Training and Information Unit

Section 104. Executive Board. There is herein created a Public Safety Board

which shall pass upon policy matters for guidance, action and/or information of the

CPSO. The PSB shall be composed of the following:

1. Chief of the Kidapawan City Police

2. Chief of the Bureau of Fire Protection

3. Head, Philippine Drug Enforcement Agency

4. President, ABC

5. Chairperson, SP Committee on Public Safety

6. Chairperson, SP, Committee on Public Utilities

7. Representative of the LDCPC

8. Head of CDRRMO

9. Head of the CPSO

The Board may request head of office of the local government as a resource

person on matters concerning his/her office or department, and to clarify any issue that

may require his/her expertise.

The Head of the CPSO shall convene and preside the meetings of the Executive

Board.

Section 105. Coordinating Bodies. The following entities shall constitute the

CPSO coordinating bodies which shall ensure consistency of CPSO policies and

programs with their own policies and programs:

1) SP Committee on Public Safety

2) SP Committee on Public Utilities

3) Kidapawan City Peace and Order Council


4) Kidapawan City Disaster Risk Reduction and Management Council

Article B. The City Public Safety Officer

Section 106. Qualifications. Pursuant to Sec. 454 of RA 7160, otherwise known

as the Local Government Code of 1991, the City Public Safety Officer shall be appointed

by the City Mayor with the concurrence of the Sangguniang Panlungsod, provided that he

meets the following qualifications:

a. A resident of the City of Kidapawan;

b. Must be of good moral character;

c. Must be a holder of a bachelor’s degree preferably in law enforcement,

public health and safety, or any related course from any recognized

college or university;

d. Must have at least five years experience on public safety, peace and

order management and other related work areas;

e. Must be a First Grade Civil Service Eligible or its equivalent; and,

f. Other qualifications relevant and necessary thereof.

Section 107. Functions. The PSO shall be headed by the Public Safety Officer

with the following functions:

1. Ensure that an annual public safety plan be prepared by each of the

following agencies:

a. Kidapawan City Philippine National Police

b. Bureau of Fire Protection

c. Rescue 911

d. Barangay Tanods/BPAT

e. TMU

f. CSU

g. Other duly deputized force augmenters

2. From the public safety plans of the above units, prepare a consolidated

Kidapawan City Public Safety Plan for consideration and approval by

the Kidapawan City Peace and Order Council.

3. Ensure that resources are made available to implement the Kidapawan

City Public Safety Plan by sourcing funds from local and external

sources.

4. Execute in a most efficient and effective manner the Kidapawan City

Public Safety Plan.

5. Recommend public safety policies for evaluation and adoption by the

peace and order council or the Sangguniang Panlungsod which, if

approved, shall be integrated into the Kidapawan City Public Safety

Plan.


6. Undertake a public information campaign to generate awareness and

support for the major components of the Kidapawan city public safety

plan.

Section 108. Other Officers of the CPSO. The following officers, with their

attendant functions, shall report directly to the public safety officer:

1. Head, City Transport Regulations Unit which shall be in charge of enforcing

registration requirements for tricycles and other vehicles under the purview of the city

government, whether for private use or as public utility; in charge of enforcing

regulatory requirements for terminals and the routing of public utility vehicles;

2. Head, Traffic Management Unit which shall be in charge of matters relating to traffic

management and regulations;

3. Head, Public Facilities and Civil Security Unit which shall be responsible for the safety

of public facilities owned by the Kidapawan City Government. The head shall oversee

the operation of private security agencies and of organic personnel of the city

government assigned to perform security duties;

4. Head, Administrative, Training and Information Unit, which shall be responsible for

personnel and office matters of the CPSO, including training and public information

programs.

CHAPTER V

TRANSITORY PROVISIONS

Article A. Transfer and Vested Rights and Budgetary Requirements

Section 109. Transfer of Equipment and/or Personnel to the City Public Safety

Office (CPSO). Until such time that the CPSO is duly constituted, the following offices

and/or personnel shall be under the supervision and control of the City Mayor:

a) Civil Security Unit

b) Transport Regulations Unit

c) Traffic Management Unit

c) BPAT

Thereafter, all its existing programs, responsibilities, facilities and appropriations

shall be transferred to the CPSO, and personnel deployed in said units shall automatically

become an integral part of the said office.

Section 110. Vested Rights. Rights and obligations existing on the date of

effectivity of the Code and arising out of contracts shall be governed by the original

terms and conditions of said contract or law in force at the time such rights were vested.


Section 111. Budgetary Requirements. The existing budget of the

aforementioned units, including those items under the protective services of the 2015

annual budget, which shall be retained and consolidated under one item (PSO), shall form

part of the City Public Safety Office (PSO) annual budget.

Article B. The Oversight Committee

Section 112. Creation and Composition. There shall be created an Oversight

Committee to oversee the establishment and operationalization of the CPSO composed of

the following:

a. City Executive-Legislative Liaison Officer or City Administrator as

Chairperson

b. Chair, SP Committee on Public Safety, Peace and Order as Co-Chair

c. Secretary to the Sangguniang Panlungsod as Secretary

d. City Budget Officer - Member

e. City Treasurer – Member

f. City Accountant – Member

g. City General Services Officer – Member

h. City Human Resource and Management Officer – Member

Section 113. Powers and Functions. The Oversight Committee shall exercise the

following:

a. Formulate guidelines in the transfer of personnel, responsibilities and

accountabilities in accordance with this Code;

b. Recommend to the Mayor necessary measures for the initial operation of

the CPSO;

c. Other responsibilities deemed necessary and appropriate in the process of

transfer of personnel responsibilities and accountabilities

Section 114. Term. The Oversight Committee shall exist until such time the

CPSO is established and becomes operational.

Article C. Funding and IRR

Section 115. Funding/Appropriation. The City Government shall appropriate

funds necessary for the implementation of the provisions of this Code.

Section 116. Implementing Rules and Regulations. The City Mayor, through a

technical working group (TWG), shall formulate the implementing rules and regulations

necessary to carry out the provisions within six (6) months from the approval of this

Code.


CHAPTER VI

FINAL PROVISIONS

Section 117. Separability Clause. If for any reason, any portion or provision of

this Code is declared unconstitutional or invalid, the other sections or provisions hereof

which are not affected thereby shall continue to be in full force and effect.

Section 118. Applicability Clause. All other matters not covered by this Code

shall be governed by pertinent applicable laws, ordinances, rules, declarations and

issuances.

Section 119. Repealing Clause. All ordinances, resolutions, circulars,

memoranda, or rules, rules and regulations inconsistent with the provisions of this Code

are hereby repealed and modified accordingly.

Section 120. Effectivity Clause. This Ordinance shall take effect after its

publication for three (3) consecutive issues in a newspaper of local circulation in the City

of Kidapawan, and posting of the same in three (3) conspicuous places for a period of

fifteen (15) days, whichever occurs later.

DATE ENACTED: December 03, 2015

oooOooo

I HEREBY CERTIFY to the correctness of the above-quoted ordinance.

JOEL M. PATAL

LLSO III/Acting Secretary to the Sanggunian

ATTESTED:

RODOLFO Y. GANTUANGCO

Vice Mayor/Presiding Officer

APPROVED:

JOSEPH A. EVANGELISTA

City Mayor

Date: _________________

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