AN ORDINANCE CREATING THE DINGRAS MULTI-SECTORAL STI, HIV AND AIDS COUNCIL AND ITS TECHNICAL WORKING GROUP: FOR THE PREVENTION AND CONTROL OF SEXUALLY TRANSMITTED INFECTION HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) DEFINING ITS FUNCTIONS, PROVIDING RESPONSE, APPROPRIATING FUNDS AND OTHER RELATED PURPOSES

 

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ILOCOS NORTE

MUNICIPALITY OF DINGRAS

 

EXCERPT FROM THE MINUTES OF THE TWELFTH (12TH) REGULAR SESSION OF THE  NINTH (9TH) SANGGUNIANG BAYAN OF DINGRAS, ILOCOS NORTE HELD AT THE SANGGUNIAN SESSION HALL ON SEPTEMBER 16, 2013

 

Members Present:

Hon. Joefrey P. Saguid,                                         Vice Mayor/Presiding Officer,

Hon. Ruben C. Marcos,                                           SB Member

Hon. Enriqueto J. Cañete,                                      -do-

Hon. Lester S. Ballesteros,                                     -do-

Hon. Joey S. Apostol,                                              -do-

Hon. Samuel N. Demandante,                               -do-

Hon. Edilberto C. Gudoy,                                        -do- Liga President

Hon. Samuelito R. Demandante                            -do- Fed. SK President

 

Member/s Absent:             

Hon. Jose Mari Genaro B. Albano ,                       -SB Member-

Hon. Alfe Garry R. Gamboa,                                  -do-

Hon. Nathaniel Ruben D. Taylan II                       -do-

 

 

MUNICIPAL ORDINANCE NO. 2013-09-002

Series of 2013

 

AN ORDINANCE CREATING THE DINGRAS MULTI-SECTORAL STI, HIV AND AIDS COUNCIL AND ITS TECHNICAL WORKING GROUP: FOR THE PREVENTION AND CONTROL OF SEXUALLY TRANSMITTED INFECTION HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) DEFINING ITS FUNCTIONS, PROVIDING RESPONSE, APPROPRIATING FUNDS AND OTHER RELATED PURPOSES

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Sponsor: Joint Committee on Rules and Laws and Social Services

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WHEREAS, victims of sexually transmitted diseases, HIV and AIDS patients in our country have been increasing for the past years;

 

WHEREAS, in order to keep our constituents well informed of these diseases there is a need to create working committee for the information and dissemination of the ill effects of sexually transmitted diseases;

 

NOW, THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED BY THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF DINGRAS, ILOCOS NORTE, IN A REGULAR SESSION ASSEMBLED, THAT:

 

Section 1. TITLE – This ordinance shall be known as "Creating the Dingras Multi-Sectoral STI, HIV, and AIDS council and its Technical Working Group (TWG)"

 

Section 2. PURPOSE. The Council is created to be the central advisory, planning and policy making body for:

  • The prevention and control of Sexually Transmitted Infection (STI), Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS);
  • Defining the functions of the Council and its working group; and
  • Providing response through programs, projects and other related initiatives.

 

Section 3. DEFINITION OF TERMS – As used in this Ordinance, the following terms are defined as follows:

 

  • Sexually Transmitted Infections (STIs) – are diseases acquired from sexual contact, such as but not limited to gonorrhea, syphilis, trichomoniasis, Chlamydia, genital herpes, genital warts, hepatitis B, bacterial vaginosis, scabies, pubic lice and HIV and AIDS.
  • Human Immunodeficiency Virus (HIV) – is transmitted from one human being thru sexual intercourse with an HIV infected partner, unsafe blood transfusion, unsafe injection, and from an HIV infected mother to her child during pregnancy, labor and delivery or through breastfeeding.
  • Acquired Immune Deficiency Syndrome (AIDS) – refers to the clinical manifestations of HIV infection that are only seen when the body falls ill due to opportunistic infections.
  • Peer Educator – are volunteers from the community who have the knowledge, skills and dedication to educate others about STI, HIV, and AIDS and safe sex practices.
  • Entertainment Establishments – refer to business establishment which include but are not limited to the following : bars, night clubs, disco houses, beer houses, cocktail lounge, massage clinics karaoke bars/ sing along pub houses and other similar establishments wherein the services of hired entertainers are employed and patrons are entertained and thus, secured a permit to operate within the municipality.
  • Prophylactic – shall mean any agent or device used to prevent transmission of a disease such as condom.

 

Section 4. COMPOSITION – the council shall be composed of the following :

 

  • Municipal Mayor                                                 - Chairman
  • Municipal Health Officer                                   - Co-chairman
  • Chairman, Committee on Health                     - Vice Chairman
  • Municipal Planning Officer                               - Member
  • Municipal Budget officer                                   - Member
  • Municipal LGO Officer                                       - Member
  • Municipal SWDO                                               - Member
  • Dep Ed District Supervisor                               - Member
  • Municipal PNP, COP                                         - Member
  • ABC President                                                    - Member
  • SK Federation President                                  - Member
  • One (1) representative from each of the Civil Society Organization/Group (Duty recognized by the local accrediting mechanism and certified by the Local Chief Executive)
    • Entertainment establishments
    • Faith base Group
    • Women and young people group
    • Other organizations (based on the local trend of STI and HIV epidemic)

Section 5. POWERS AND FUNCTIONS – for the attainment of the aforestated purpose, the Dingras Multi-sectoral STI, HIV, and AIDS Council shall be charged and vested with the following powers and functions:

 

  • Formulate policies and strategies for the prevention and control of STI, HIV, and AIDS within the Municipality of Dingras;
  • Prepare short, medium, and long term plans for the prevention and control of STI, HIV, and AIDS;
  • Monitor and evaluate the implementation of its program and plans, campaigns and strategies;
  • Organize and encourage owners/operators/managers of night entertainment establishment that may cater to commercial sex workers to actively participate in the prevention and control of STI, HIV and AIDS;
  • Identify and recommend priorities and gaps in local STI, HIV, and AIDS related cases;
  • Spearheads the conduct of IEC activities in the promotion of STI, HIV, and AIDS related activities in different communities and barangays;
  • Conduct every two (2) years HIV and Syphilis Serological surveillance, in coordination with the Municipal Health Office among the people with high risk sexual behavior or those who by the nature of their work is prone to contracting HIV;
  • Initiate skills capability building, advocacy programs and develop strategies to benefit the people with high risk of contracting STI and HIV;
  •  Recommend to the Sangguniang Bayan enactment of laws and ordinances that shall assist in the control and prevention of STI and HIV;
  • Recommend the closure or imposition of sanction or penalties of any establishment found violating the prohibited acts as mentioned under the existing laws of related ordinances; and
  • RA 8504 (AIDS Law) on Human Rights and Confidentiality
  • PD ( DOLE and DSWD ) on hiring of Minors
  • PD 856 (Sanitation Code ) Failure to undergo regular smearing
  • PD 856 (Sanitation Code) on Health Education attendance
  • Assist in the source/request for funding and recommend allocation of resources
  • To act as the primary agency that shall represent the municipality in all conventions, conferences, forums or gathering of other agencies organizations, leagues, chambers or groupings whether national, local or international pertaining to the issues on STI, HIV, and AIDS;
  • To monitor in coordination with the Municipal Health department STI, HIV and AIDS cases;
  • To identify STI, HIV, and AIDS cases through passive and active surveillance; and
  • To perform all other tasks and functions related to the overall objective in the prevention and control of STI, HIV and AIDS in the Municipality of Dingras.

 

Section 6. MEETING – the Council shall meet at least once every quarter or as often as maybe necessary by serving notice to all members at least before the meeting.

 

Section 7. QUORUM – the presence of at least half of the number of Council members plus one (1) shall constitute a quorum for purposes of doing business.

 

Section 8. SECRETARIAT OF THE COUNCIL – the Secretariat of the Council shall be from the staff of the Municipal Health Office. They will perform the following duties and functions:

  • Prepare the agenda of the meetings of the council and record the minutes of the same;
  • Shall keep all the records of the Council;
  • Collate reports from member agencies of the Council;
  • Submit to the chairman copy furnish the vice-chairman of the council for the annual accomplishment report of the council.

 

Section 9. MANDATORY STI AND HIV EDUCATION – it shall be mandatory for all operators and/or managers, entertainers of night entertainment establishment to attend seminars on STI, HIV and AIDS prevention conducted by the Municipal Health Office, otherwise, no permit shall be granted to aforementioned establishment.

 

Section 10. WORKPLACE POLICY AND EDUCATION PROGRAM ON STI, HIV, AND AIDS – in compliance to Announcement No. 21 s. 2010 of the Commission of Civil Service, all government agencies/institutions are urged to implement a Workplace Policy and Education Program on STI, HIV, and AIDS. Members of the Dingras Multisectoral  STI, HIV, and AIDS Council and Civil Societies accredited by the Local Government of Dingras are hereby tasked to promote STI, HIV, and AIDS services.

 

Section 11. ISSUANCE OF PERMIT TO OPERATE – in compliance with this ordinance, the establishment mentioned in this ordinance should not be allowed to operate unless a certificate of attendance in STI, HIV, and AIDS seminars has been issued to each operators and all its employees.

 

Section 12. PEER EDUCATOR – all registered entertainment establishments shall be required to have at least one (1) peer educator. This requirement shall take effect immediately after the effectivity of this ordinance. This provision shall be a part of the requirements for the renewal of Annual Permit to operate of all entertainment establishments.

 

Section 13. PROMOTION OF PROPHYLACTICS – to prevent STI and HIV infection, all entertainment establishments are required to make available and accessible prophylactic(e.g. condoms) within their establishments.

 

Section 14. COMPILATION OR LIST OF ENTERTAINERS/EMPLOYESS IN ENTERTAINMENT ESTABLISHMENTS – the Municipal Health Office shall maintain a list of entertainers/employees indicating their age and place of employment. In relation thereto, all owners/operators/managers of entertainment establishment shall submit to the Municipal Health Office a monthly updated list (or any time a new employee is hired) of their employees. 

 

Section 15. REGULAR STI SCREENING FOR ENTERTAINERS AND OTHERS WITH SIMILAR OCCUPATIONS – all entertainers and other with similar occupations shall undergo compulsory weekly medical check up (gram staining) at the Municipal Health Clinic.

 

Section 16. MEDICAL CONFIDENTIALITY – the Council shall ensure that all health professionals, medical instructors, workers, employers, hospitals, laboratory personnel, recruitment agencies, insurance companies, data encoders and other custodians of any medical record, file data or test result are STRICTLY TREATED CONFIDENTIAL the handling of all medical information particularly the identity and status of persons with STI, HIV, and AIDS;

 

Section 17. DECLARATION OF AIDS AWARENESS MONTHS – the Council shall spearhead the commemoration of national events pertaining to HIV and AIDS. These shall be the observance of Candle Memorial during the third Sunday of May and the World AIDS month on 1 December. The Council shall ensure that appropriate funds for these events shall be appropriation/allocated or sourced out;

 

Section 18. MONITORING PROGRAM – the Council shall establish a comprehensive STI, HIV, and AIDS Monitoring Program in coordination with the Municipal Health Office similar in monitoring program, to determine and assess the magnitude and progression of STI and HIV infections in the Municipality, and for the purpose of evaluating the accuracy and efficacy of the counter measures being employed by the Council;

 

Section 19. APPROPRIATION – the amount of One Hundred Thousand Pesos is hereby appropriated in the Other Services under the Municipal Health Office specifically for the use of the Dingras Multisectoral STI, HIV, and AIDS Council and its Technical Working Group as the initial amount for the operation and program of the said Council;

 

Section 20. FORMULATION OF IMPLEMENTING RULES AND REGULATIONS – within one (1) month after the approval of this Ordinance, the Council shall formulate and issue the appropriate rules and regulations necessary for efficient and effective implementation and any and all provisions of this Ordinance;

 

Section 21. SEPARABILITY CLAUSE – the provision of this ordinance shall hereby declared separable , and in the event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be affected thereby;

 

Section 22. REPEALING CLAUSE – Any existing ordinance or any of its provision or provisions, which are inconsistent with this ordinance, shall be deemed repealed, amended, or modified accordingly; and

 

Section 23. EFFECTIVITY – This ordinance shall take effect upon approval and posting as provided for in Section 54 of RA 7160         

 

 

APPROVED:

 

Voted in favor: Hon. Ruben C. Marcos, Hon. Enriqueto J. Cañete, Hon. Lester S. Ballesteros, Hon. Joey S. Apostol, Hon. Samuel N. Demandante, Hon. Edilberto C. Gudoy, Hon. Samuelito R. Demandante

 

Voted against: N o n e

 

Abstention:       N o n e

 

 

 

 

 

 

 

 

 

I HEREBY CERTIFY to the correctness of the above-quoted ordinance.

 

 

 

                                                                                                LYDIA A. AQUINO

                                                                                                    SB Secretary

 

 

ATTESTED:

 

 

                                   JOEFREY P. SAGUID

                                        Presiding Officer

 

 

                                                                                    APPROVED:

 

 

 

                                                                                                         ERDIO E. VALENZUELA

                                                                                                                         Mayor

 

 

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