AN ORDINANCE PROHIBITING THE CARRYING OF FIREARMS, AMMUNITIONS AND EXPLOSIVES INSIDE ENTERTAINMENT AND RECREATION CENTERS, BUSINESS ESTABLISHMENTS, GOVERNMENT OFFICES AND OTHER PLACES OF PUBLIC CONVERGENCE AND FOR OTHER RELATED ACTS, AND PROVIDING PENALTIES THEREFOR

 

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. 2013-09-003

Series of 2013

 

AN ORDINANCE PROHIBITING THE CARRYING OF FIREARMS, AMMUNITIONS AND EXPLOSIVES INSIDE ENTERTAINMENT AND RECREATION CENTERS, BUSINESS ESTABLISHMENTS, GOVERNMENT OFFICES AND OTHER PLACES OF PUBLIC CONVERGENCE AND FOR OTHER RELATED ACTS, AND PROVIDING PENALTIES THEREFOR

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Hon. Samuel N. Demandante, Hon. Joey S. Apostol, Hon. Enriqueto J. Cañete

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Be it ordained by the Sangguniang Bayan of Dingras, Ilocos Norte in session assembled that:

 

Section 1: TITLE. – This ordinance shall be known as "An Ordinance Prohibiting the Carrying of Firearms, Ammunitions and Explosives inside Entertainment and Recreation Centers, Business Establishments, Government Offices and other places of Public Convergence and for other related acts, and providing penalties therefor"

 

Section 2. DECLARATION OF POLICY. – It is the policy of the Municipal Government to promote the safety of its inhabitants free from harm and protected from the injurious and deadly effects of acts of persons unnecessarily using firearms, ammunitions and explosives, whether licensed, permitted or not, in entertainment and other business establishments.

 

It is the objective of this Ordinance that the general public are at all times left secured respecting their personal safety shielded from possible harm brought about by acts of persons unnecessarily possessing and/or using such firearms in public places.

 

Section 3. DEFINITION OF TERMS.

 

  1. Entertainment and Recreation Center. – This refers to a place that offers entertainment to the general public that allows ingress and egress of persons to the establishment itself whether for a fee or free which includes, but not limited to movie houses, theatres, videoke or sing along bars, disco clubs whether enclosed or not;

 

  1. Government Office. – This refers to any office of the local government within the Municipality which shall include Municipal Hall, Hospitals, Public Market, Terminal, Slaughterhouses and Municipal Parks and Plazas;

 

  1. Other Place of Public Convergence. – Refers to any place where the general public are allowed ingress and egress that includes, but not limited to, hotels, motels, lodging houses, restaurants, eateries, coffee shops, shopping malls, department stores, shopping arcades, churches and other house of worship, privately owned markets, educational institution, internet cafes whether enclosed or not, ports, resorts, terminals, and hospitals and health facilities

 

  1. Firearms, Ammunitions and Explosives. – Shall mean the firearms, ammunitions and explosives contemplated under Republic Act No. 8294, or an Act Amending the Provisions of Presidential Decree No. 1866, as amended.

 

Section 4. PROHIBITED ACTS. – The following are prohibited acts:

 

  1. Any person in possession of any firearm, ammunition, or explosive is prohibited from entering any entertainment and recreation center, business establishment, government offices and other places of public convergence unless he is a member 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.

 

  1. Entertainment and Recreation Centers, Business Establishments and Government Offices are prohibited from allowing any person in possession of any firearm, ammunition or explosive to enter their premises.

 

Provided that any firearm, ammunition and explosive duly turned-over to the security personnel or security guard of the entertainment and recreation center, business establishment and government office 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 premises of this Ordinance.

 

Section 5. PERSONS LIABLE. – The following are liable under this Ordinance:

 

  1. Any person in possession of any firearm, ammunition or explosive who refuses to deposit his/her firearms and enters any entertainment and recreation center, business establishment, government office and other places of public convergence other than 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.

 

  1. The owner or operator of the entertainment and recreation center and business establishment who allows any person in possession of any firearm, ammunition or explosive to enter its premises.

 

Provided, that if any person in the possession of any firearm, ammunition or explosive is allowed entry into the entertainment and other business establishment without the owner or operator, or the operator is a juridical person, the President, General Manager, Manager, Head, Supervisor, or any responsible person who has actual management or supervision of the establishment at that time shall be liable.

 

  1. Any security personnel or security guard assigned in the entertainment and recreation center, business establishment, government office and other places of public convergence who actually allows such person to enter said establishments and places shall also be liable.

 

Section 6. PENALTIES FOR VIOLATION. – The persons liable under Section 5 of this ordinance shall be penalized with a fine of not more than Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months, or both, at the discretion of the court.

 

Provided, that if the offender is a member of the Armed Forces of the Philippines, Philippine National Police and other duly-constituted law enforcement agencies and not exempt from liability as provided in this Ordinance, the penalties in its maximum shall be imposed, and if ammunition or explosive is not duly permitted pursuant to applicable laws, he/she shall likewise be charged for such illegal possession in the proper courts under existing laws.

 

Section 7. ADMINISTRATIVE SANCTIONS. – Entertainment and recreation centers, business establishments, and other places of public convergence covered by the Ordinance shall provide within their premises an adequate safekeeping area where all firearms, ammunitions and explosives of the persons entering these 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 the entertainment and other business establishments covered by this Ordinance within thirty (30) days from the effectivity of this Ordinance.

 

In addition to the penal liabilities provided under Section 6 above, any violation by the owner, operator, manager, supervisor or other persons connected with the entertainment and other business establishment covered by this Ordinance shall subject the entertainment and business establishment to administrative liabilities as follows:

 

            First Infraction – P2,500.00

           

Second and subsequent Infractions – cancellation and/or revocation of the business permit.

 

All Government Office in the Municipality shall provide within their premises an adequate safekeeping area where all firearms, ammunitions and explosives of persons entering these 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.

 

Section 8. IMPLEMENTING RULES AND REGULATIONS. – Within thirty (30) days from effectivity of this Ordinance, the Office of the Municipal Mayor, in coordination with the Municipal Police Office, shall formulate the rules and regulations for the effective implementation of this Ordinance.

 

Section 9. SEPARABILITY CLAUSE. – If any provision of this Ordinance of the application of such provision to other persons or circumstances shall not be affected by such declaration.

 

Section 10. REPEALING CLAUSE. – Any ordinance, order, memorandum, rule and regulation which is inconsistent with the provisions of this Ordinance is hereby modified or repealed accordingly.

 

Section 11. EFFECTIVITY. – This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation within the Municipality.

 

 

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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