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ORDINANCE NO. 33, S 2002
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG PANGLUNSOD OF OLONGAPO, HELD ON
OCTOBER 30,2002, AT THE CITY HALL.
PRESENT:
Hon. Cynthia G. Cajudo --------- Vice-Mayor & Presiding Officer
Hon. Gregorio M. Elane --------- City Councilor
Hon. Rolen C. Paulino -----------
Hon. Angelina B. Andrada-------
Hon. Teodoro D. Del Rosario----
Hon. Anselmo A. Aquino---------
Hon. Gregorio A. Manlicmot-----
Hon. Edwin J. Piano---------------
Hon. Rexy Gregorio Cruz---------
Hon. Bella P. Ssuncion-------------
ABSENT:
Hon. Noel Y. Atienza- - - - - - - - City Councilor
( on Official Business )
Hon. Napoleon F. Capistrano - - - President, Liga ng mga Barangay
( on official Business )
Hon. Robine Rose C. Buenafe- - - Sk Federation President
( On official Business )
WHEREAS, the City hammers out the details to come up with a comprehensive Approach for the development, survival and protection of minors;
WHEREAS, as such, the City conducts series of Consultations, meetings and Periodic reviews on factor that may affect their welfare and development;
WHEREAS, however, despite these endeavors, the city still receives reports that many high school students and elementary pupils spend precious school hours in internet cafes or computer shops or billiard halls instead of being in classrooms;
WHEREAS, furthermore, reports regarding violations of business establishment and sari-sari stores on the provisions of Ordinance 46, series of 1995 and ordinance No.65, series of 2001 which prohibit the sale of liquors to minors and the sale of cigar and cigarettes, respectively pose as threats to the physical well-being of the younger generation of the City;
WHEREAS, the City also observed that this concern had been compounded by the existence of establishments uncalled for at the Subic Bay Metropolitan Authority (SBMA) like tiangges, carnival and refreshment stalls selling liquor, cigar and of cigarettes and other recreational activities open during nighttime. The deliberate neglect of SBMA to regulate such business operations and their gross insensitivity for the Citys concern for minors, necessitate the strict enforcement of curfew;
WHEREAS, the deliberate violation and difference of computer shop, internet café, billiard halls, sari-sari stores and other establishment in the city to comply with ordinances and orders plus the existence of activities inside the Freeport that may threaten the physical and morale well-being of minors, all in pursuit of business growth, call for the vigilance of the whole citizenry in the network of individuals prime to handle the concerns and issues of minors;
WHEREAS, since the welfare and safety of minors in the city is of utmost importance, the City Government of Olongapo deems it proper to authorize Honorable City Mayor, Katherine H. Gordon, to deputized Barangay Captains, Council Men, and Barangay Tanods, School Principals of both private and public schools, Class Advisers, Homeroom PTA Presidents and all School Guidance Councilors as Truant Officers commission to report and monitor the operation of computer shops, internet cafes, billiard halls, sari-sari stores and other establishments and relation with the Citys endeavors to protect the welfare of minors and thereby turnover truants and violators to the Barangay and Police authorities;
NOW THEREFORE, with the unanimous accord of the members of the Sangguniang Panlungsod present,
RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following ordinance:
ORDINANCE NO. 33
(Series of 2002)
A ORDINANCE AUTHORIZING THE HONORABLE CITY MAYOR, KATHERINE H. GORDON TO DEPUTIZED BARANGAY CAPTAINS, COUNCIL MEN, AND BARANGAY TANODS, SCHOOL PRINCIPALS OF BOTH PRIVATE AND PUBLIC SCHOOLS, CLASS ADVISORS, HOMEROOM PTA PRESIDENTS AND ALL SCHOOL GUIADANCE COUNCILORS AS TRUANT OFFICERS COMMISSION TO TURNOVER TRUANTS TO BARANGAY OR POLICE AUTHORITIES, TO REPORT AND CHECK IF BUSINESSES SUCH AS COMPUTER SHOPS, INTERNET CAFES, BILLIARD HALLS, SARI-SARI STORES AND OTHER ESTABLISHMENTS COMPLY WITH THE PROVISIONS SET BY THE CITY TO PROTECT THE WELFARE OF MINORS.
BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:
SECTION 1. Authorization be provided to the City Mayor deputized a network of Truant officers composed of Barangay Captains, Council Men and Barangay Tanods, School Principals of both private and public schools, Class Advisers, Homeroom PTA Presidents and all School Guidance Councilors.
SECTION 2. That said truant officers shall report to the office of the City Mayor any violation of the above mentioned, businesses pursuant to the provision stated in Ordinance No. 46, Series of 1995, Ordinance No. 65, Series of 2001, Section 2 and 10 of Ordinance No. 14, Series of 2002, insure that curfew for minors is enforce and turn over truants to Barangay or Police authorities for their corresponding community work and / or counseling sections.
SECTION 3. This ordinance shall take effect upon its approval.
APPROVED UNANIMOUSLY, October 30 2002
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LICENSING AND SUPERVISION OF ALL COMPUTER RELATED ESTABLISHMENT/INTERNET STATIONS
EXCERPT FROM THE MINUTE OF THE REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
FEBRUARY 28, 2001, AT THE CITY HALL
PRESENT;
Hon. Cynthia G. Cajudo --------------------- Vice Mayor & Presiding Officer
Hon. Gregorio M. Elane ---------------------- City Councilor
Hon. Alreuela M. Bundang-Ortiz ------------
Hon. Angelina B. Andrada --------------------
Hon. Erlinda G. Crispin -----------------------
Hon. Ernesto G. Asuncion --------------------
Hon. Julian G. Buenafe , Jr. -------------------
Hon. Teodoro D. del Rosario -----------------
Hon. Rolen C. Paulino -------------------------
Hon. Mamerto B. Malabute -------------------
Hon. Gregorio A. Manglicmot ----------------
Hon. Napoleon F. Capistrano ----------------- President, Liga ng mga Barangay
Hon. Marey Beth D. Marzan ------------------ SK Federation President
ABSENT:
None
ORDINANCE NO. 14
(Series of 2001)
AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO GOVERN THE OPERATION, LICENSING AND SUPERVISION OF ALL COMPUTER RELATED ESTABLISHMENT/INTERNET STATIONS AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE SANGGUNIANG PANLUNSOD IN SESSION ASSEMBLED THAT:
SECTION 1. Classification of Business Activities- For purposes of this Ordinance, the following shall be classified as :
1.1 Computer Services establishment engaged in computer tutorial, printing service, programming and system development , internet access, IT Consultancy, connectivity and networking, web development, computer games, play stations and trouble shooting and repair of computers beyond warranty.
1.2 Computers Sales and Rentals establishments engaged in selling of computer accessories, computer rentals, scanning and other similar services not mentioned in 1.1 of Section of this Ordinance.
SECTION 2. Limitations to Minors
2.1 Operators/ Manager/Owner shall not allow minors (17 years and below) during school hours to stay and used the facilities and services.
2.2 Minors, ages seventeen (17) years and below are not allowed to stay and use the facilities and services on Saturdays from opening hour until 10:00 PM and on Sundays from opening hour until 9:00 PM. On holidays, the same will be allowed to stay and use the facilities and service until 10:00 PM.
2.3 Operators/Managers/ Owners must not allow gambling in their establishment.
SECTION 3. Mayors Permit/Business License - Mandatory
3.1 No person, natural or juridical shall operate a computer establishment/ Internet Station without first securing a license from the City.
3.2 No person, natural or juridical, who, being the owner of computer establishments/ Internet Stations allows its operation without the requisite license, shall be guilty of an offense under this Ordinance.
3.3 The Business Permit Division of Olongapo City shall evaluate and make the necessary recommendations to the Office of the City Mayor for final approval. The application for issuance of a Mayors Permit and Business License shall be accompanied by all the requirements as stipulated in this Ordinance.
SECTION 4. Qualifications
4.1 Only applicants who posses the below-stated qualification may be permitted to engaged in the operation of computer related establishments/Internet Stations.
4.2 Applicants who are not disqualified by law may be permitted to engaged the operation of computer-related establishments or internet Stations. Examples of disqualification are possession of criminal record or conviction of crime involving moral turpitude.
SECTION 5. Supporting Documents to be Submitted with Application.
5.1 Applications to operate computer related establishments/Internet Station shall be supported by the following documents to be submitted to the Office of the Business Permit Division:
a. Letter of Intent addressed to the Hon. City Mayor;
b. Clearance Certificate from the Public Utilities Department ;
c. Fire Safety Clearance from the Bureau of Fire Protection;
d. Sanitary Permit Clearance;
e. Community Tax Certificate;
f. Affidavit of Undertaking;
g. Real Estate Lessors Permit;
h. Contract of Lease; and
i. DTI Registration for Sole Proprietors or SEC Registration for Partnership or Corporation
SECTION 6. License Fees
The following schedule of fees shall be imposed for the Mayors Permit and Business Permit:
6.1 Zoning Planning Fee PhP 40.00
6.2 Mayors Permit PhP 450.00
6.3 Sanitary Permit PhP 175.00
6.4 Business Plates PhP 150.00
6.5 Sticker PhP 100.00
6.6 License Fee (new) based on Capital Investment
6.7 License Fee (renewal) based on Gross Receipt
SECTION 7. Validity of License
7.1 Subject to annual review, the license issued under this Ordinance shall be valid for one whole year from the date of issue.
SECTION 8. Renewal of License
8.1 Application for the renewal of the Mayors Permit and Business License shall start in January of every year. Failure to apply for renewal within the period shall subject the applicant to a fine of ONE THOUSAND PESOS (PhP 1,000.00). Provided, that, failure to file applications or to comply with all requirements for the renewal within thirty (30) days from the expiration date of the license shall be ground for the non-renewal of the same unless meritorious and valid grounds are submitted to justify such failure, in which case the renewal will be allowed only upon payment by the applicant of a fine not exceeding TWO THOUSAND PESOS (PhP 2,000.00).
Section 9. Imposition of Fines Suspension, Cancellation and or Non-Renewal of License
Any of the following acts or offenses shall be sufficient ground for the cancellation or non-renewal of license:
9.1 Failure to renew the license within the period required under this Ordinance or non-compliance with the requirements provided under Section 5 of this Ordinance;
9.2 Fraudulent representation, written or oral by the proprietor or general manager of the establishment for the purpose of securing the issuance of any license under this Ordinance; and
9.3 Employment or hiring of foreigners who are not holders of work permits from the Department of Labor and Employment (DOLE ) and has no valid visa from the Bureau of Immigration (BI) whether contractual or permanent.
SECTION 10. Compliance with the Affidavit of Undertaking
10.1 Managers/Proprietors/Operators of Computer related establishment/Internet Stations are hereby required to execute an Affidavit of Undertaking to ensure that they will comply with the provisions, specifically Sec. 2 of this Ordinance which pertains to minors and limitations of business activities set forth during the public hearing held on February 14 and 21, 2001 at FMAs Hall, Olongapo City.
10.2 Sample of the Affidavit is hereto attached as an integral part of this Ordinance.
SECTION 11. Ground for Imposition of Graduate Penalties
11.1 Any computer-related establishments/Internet Stations, depending on the gravity of the offense, shall either admonished in writing , have its license suspended, or have the same cancelled for the following acts and/or offenses:
(a) Tolerance of gross misconduct, dishonesty or misrepresentation committed by its offices and employees against the client/customer; and
(b) Violation of any of the provisions of the Ordinance, other rules, circulars and orders of the City.
SECTION 12. Transfer of License.
12.1 The license is a matter privilege and may only be issued to qualified applicants. Accordingly, no establishments shall transfer or alienate in whatever mannerist license without prior approval from the City.
SECTION 13: Transferee to Pay License Fees.
13.1 Responsibility. The transferee of the license shall pay the corresponding license fees, and addition there to, the new operator, unless otherwise stipulated, shall not be absolved from any responsibility as to contacts, money claims, damages or other liability arising out of and in course of the operations conducted by the predecessors.
SECTION 14. Display of License.
14.1 The license represented by business plates shall be displayed in a conspicuous place in establishments.
SECTION 15. Surveillance.
15.1 The city, upon receipt of an information, complaints and /or report, may monitor the alleged illegal activities of the establishment (employment of minors, of foreigners without proper documentation, overcharging, operation of business activities not covered in the affidavit of undertaking, unaccompanied minors, fronts for showing lewd or pornographic flicks, etc.)
15.2 No monitoring may be conducted unless authorized by the Mayor or his/her duty authorized representative.
SECTION 16. Issuance of Closure Order.
16.1 The Mayor or his/her duty authorized representative may conduct an exparte preliminary examination to determine whether the illegal activities of the establishment constitute a danger to public order. For this purpose, the Mayor or his/her duty authorized representative, may examine personally the complaints and/or their witnesses.
(a) If from the preliminary examination conducted or based on the findings and recommendations, the Mayor is satisfied that such danger exists, he/she may issue a written order for the closure of the establishments being used in connection with illegal activities of the establishments.
SECTION 17. Implementation of Closure Order.
17.1 Closure Order shall be served upon the offender or the person in charge of the establishment subject thereof. Whenever necessary, the assistance of the appropriate law enforcement agencies may be requested for this purpose.
SECTION 18. Report on Implementation.
18.1 A report on the implementation of the Closure order shall be submitted to the Mayor within two (2) days from the date of implementation.
SECTION 19. Penalties for Violation.
The City shall impose fines for violations of this Ordinance in accordance with th following schedules:
a) PhP 1,000 - First offense
b) Php 2,500 - Second offence
c) Php 5,000 - Third offense
Provided, that after the 3rd offense, such violation shall ipso facto constitute a valid ground for the revocation of all privileges, permits and authorization grated to such person or entity under Rules by the City.
SECTION 20. Separability Clause
20.1 The provision of these Rules are hereby declared separable, and in the event that any or more of such provisions declared invalid, the validity of theother provisions shall not be affected thereby.
SECTION 21. Repealing Clause
21.1 All existing rules and regulations, circulars and ordinances or part or parts thereof which are inconsistent with the provisions of these Rules, are hereby repealed and/ or modified accordingly.
SECTION 22. Effectivity
22.1 This Ordinace shall take effect fifteen (15) days after publication in a local newspaper and posting at thrthree (3) conspicuos places in the City for three weeks.
APPROVED UNANIMOUSLY, February 28, 2001.
Cynthia G. Cajudo
Vice- mayor and presiding Officer
ATTEST:
HEDY ESMANE-DIAZ
Council Secretary
APPROVED BY HER HONOR, THE CITY MAYOR ON, March 05, 2001
KATHERINE H. GORDON
City Mayor
ATTEST:
Delfin A. Juico, JR.
Secretary to the Mayor
Republic of the Philippines)
CITY OF OLONGAPO) S.S.
AFFIDAVIT OF UNDERTAKING
1,__________________ of legal age, Filipino, single/married, with residence and postal address at No.______________________, Olongapo City, Philippines, after having been duty sworn to in accordance with law, hereby depose and state:
1. That I am the operator/owner of________________________________________ located at _________________________________________, Olongapo City;
2. That I am applying for a Mayor's Permit for the operation of the above-mentioned business;
3 . That said business will engage in computer tutorials, printing services, programming and system development, internet Access, IT Consultancy, connectivity and networking, web development, computer games, play stations, trouble shooting and repair of computers beyond warranty;
4. I will not be engaged in other business activities not mentioned in item no.3;
5. That I am allowed to engage to the above-mentioned business provided that;
a. I will not allow minors (17 years old and below) during school hours
b. Minors, ages seventeen (17) years old below are allowed to stay and use the facilities and services on Saturdays from opening hour until 10 PM. On holidays, the same will be allowed until 10 PM.
c.I will not allow gambling on my establishment.
6.That I am aware of the sanctions that will be imposed by the city of Olongapo in case of violation of this Undertaking pursuant to Ordinance No.11 Series of 2001;
7. That I execute this affidavit to attest to the truth of the foregoing facts and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand on this _________ day of ____________, at olongapo City, Philippines.
Affiant
SUBSCRIBED AND SWORN to before me this ________ day of Olongapo City, affiant exhibiting to me her/his Residence Certificate No.____________________ issued on_____________ at _________________________.
MA. ELLEN M. AGUILAR
City Legal Officer
Authorized to Administer Oath
Under Republic Act 5972 Olongapo City
Doc. No.__________________;
Page No.__________________;
Book No.__________________;
Series of 2001.
Computer Form 1 - 2001
