2005 Ord. No. 37
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
MAY 25, 2005, AT THE CITY HALL.
PRESENT:
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - Temporary Vice Mayor & Presiding Officer
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - City Councilor
Hon. Teodoro D. del Rosario- - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
ABSENT:
Hon. Rolen C. Paulino - - - - - - - - - - - - - - - City Vice Mayor
(On Leave)
In the interest of public service and on motion of Councilor Angelina B. Andrada, 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. 37
(Series of 2005)
AN ORDINANCE PROMULGATING POLICIES AND MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS/STD IN OLONGAPO CITY, CREATING THE OLONGAPO CITY AIDS COUNCIL AND PROVIDING FOR ITS POWERS AND FUNCTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES.
BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:
ARTICLE I
TITLE OF THE ORDINANCE
SECTION 1. Short Title- This Ordinance shall be known as the Olongapo City HIV/AIDS/STD Prevention and Control 2005.
Con’t. of Ordinance No. 37 Series of 2005.
- 2 -
ARTICLE II
DECLARATION OF POLICIES
SECTION 2. Declaration of Policies and Principles. Acquired Immune Deficiency Syndrome (AIDS) is a disease/condition that recognizes no territorial, social, political and economic boundaries for which there is no known cure. The gravity of the AIDS threat demands strong state of action today, thus, the City Government of Olongapo shall adhere to the following international, national and local policies and principles:
SECTION 2.a. ARTICLE 3, of the United Nations Convention of the Elimination of All Forms of Discrimination Against Women (UNCEDAW) states the obligations of the state to take all appropriate measures to ensure the full development and advancement for women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on the basis of equality with men;
SECTION 2.b. ITEM C, Women and Health of Strategic Objectives and Actions of THE BEIJING DECLARATION AND PLATFORM FOR ACTION which was adopted by the United Nations of the Fourth World Conference on Women in Beijing, China, our country, being a signatory, committed to:
Increase women’s access throughout the life cycle to appropriate, affordable and quality health care, information and related services;
Strengthen preventive programs that promote women’s health;
Undertake gender-sensitive initiatives that address sexually transmitted diseases, HIV/AIDS, and sexual and reproductive health issues;
Promote research and disseminate information on women’s health;
Increase resources and monitor follow-up for women’s health.
SECTION 2.c. ITEM D, Violence Against Women (VAW) of the Strategic Objectives and Actions of THE BEIJING DECLARATION AND PLATFROM FOR ACTION, our government is committed to:
Study the causes and consequences of violence against women and effectiveness of preventive measures;
Eliminate trafficking in women and assist victims of violence due to prostitution and trafficking.
SECTION 2.d. ARTICLE 34, United Nations Convention on the Rights of the Child (CRC) provides that the state shall protect children from sexual exploitation and abuse, including prostitution and involved in pornography;
SECTION 2.e. ARTICLE II, SECTION 10, of the 1987 Philippine Constitution states that “The state values the dignity of every human person and guarantees full respect for human rights”;
SECTION 2.f. ARTICLE II, SECTION 14, of the 1987 Philippine Constitution states that “The state recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men”;
Con’t. of Ordinance No. 37 Series of 2005.
- 3 -
SECTION 2.g. SECTION 15, of the 1987 Philippine Constitution states “The state shall promote the right to health of the people and instill health consciousness among them”;
SECTION 2.h. ARTICLE II, SECTION 18, of the 1987 Philippine Constitution states that “The state affirms labor as primary social economic force. It shall protect the rights of workers and promote their welfare”;
SECTION 2.i. ARTICLE II, SECTION 20, of the 1987 Philippine Constitution states that “The state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investment”;
SECTION 2.j. ARTICLE II, SECTION 23, of the 1987 Philippine Constitution states that “The state encourages non-governmental, community-based, sectoral organizations that promote the welfare of the nation”;
SECTION 2.k. ARTICLE II, SECTION 25, of the 1987 Philippine Constitution states that “The state shall ensure the autonomy of local government”;
SECTION 2.l. REPUBLIC ACT NO. 8504 known as “An Act Promulgating and Preventing Measures for the Prevention and Control of HIV/AIDS in the Philippines” was enacted declaring the following policies:
a. The state shall promote public awareness about the causes, modes of transmission, consequences, means of prevention, citywide education and information, and employ scientifically proven approaches, focus on the family as a basic social unit, and be carried out in all schools and training centers, workplaces, and communities. This program shall involve individuals and groups who are concern with regulation and prevention of HIV/AIDS;
b. The state shall extend to every person suspected or known to be infected with HIV/AIDS full protection, on his/her human rights and civil liberties. Towards this end:
compulsory HIV testing shall be discouraged unless otherwise provided in this ordinance;
the right to privacy of individuals with HIV shall be guaranteed;
discrimination in all its forms and subtleties, against individuals with HIV or persons perceived or suspected of having HIV shall be considered inimical to individual’s interest; and
provision of basic health and social services for individuals with HIV shall be assured.
c. The state shall promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission;
Con’t. of Ordinance No. 37 Series of 2005.
- 4 -
d. The state shall positively address and seek to eradicate conditions that aggravate the spread of HIV infection. including but not limited to poverty, gender, inequality, prostitution, marginalization, drug abuse and ignorance;
e. The state shall recognize the potential role of affected individuals in propagating vital information and educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.
SECTION 2.m. PRESIDENTIAL EXECUTION ORDER NO. 273, approved and adopted the Philippine Plan for General-Responsive Development (1995-2025), directs all government agencies at the national, regional and local levels to take appropriate steps to ensure the policies, programs, projects and strategies outlined thereat;
SECTION 2.n. ITEM 3, Policies and strategies, Policy Advocacy and Legal Forms of the Philippine Plan for General Responsive Development (PPGD) states that “women and children should no longer be arrested or fined like criminals” (ESCAP, 1991:57). Decriminalization of the prostituted should go hand in hand with apprehension and prosecution of agents, recruiters, traffickers, pimps, procurers, establishment owners, customers and others who derive sexual gratification, financial gain and advancement, or any other benefit from prostitution of others. Decriminalization means the abolition of sexist discrimination in general and removing the culpability and criminality which the law places specifically on women prostitutes”;
SECTION 2.o. It is a declared policy of the city government to promote the welfare and well-being of the general public;
SECTION 2.p. The city government is responsible to educate the community in preventing the spread of HIV and other sexually transmitted diseases;
SECTION 2.q. It is the responsibility of the city government to provide assistance to the local individuals and their families affected by STD/HIV/AIDS;
SECTION 2.r. The City of Olongapo recognizes the fact that prostitution is a growing social menace in the society;
SECTION 2.s. Recognition of the efforts of various non-government organizations who supported and lobbied which lead to the passage of this ordinance;
SECTION 2.t. In compliance with the provisions of the Constitution, Republic Act No. 8504, and other existing international, national and local laws and directives, efforts should be made by the city government to enact policies and measures that will ensure the promotion of the right to health and protection of its constituents from any health and social ills that will hamper their full development;
Con’t. of Ordinance No. 37 Series of 2005.
- 5 -
ARTICLE III
DEFINITION OF TERMS
SECTION 3. Definition of Terms - As used in the Ordinance, the following terms are defined as follows:
(a) “Acquired Immune Deficiency Syndrome (AIDS)”- shall mean a condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life threatening infections.
(b) Condom- shall mean a device use to prevent the transmission of HIV/AIDS/STD.
(c) Decriminalize- shall mean to eliminate criminal penalties for possession or use of as defined on Section 2.m of Article II of this ordinance.
(d) Entertainment Establishment’s policies- shall refer to the statement of provisions of work and benefits of entertainers/employees.
(e) Floor Manager- refers to an individual who supervises the activities of the entertainers.
(f) “Human Immunodeficiency Virus (HIV)”- refers to the virus which causes AIDS.
(g) “HIV/AIDS Prevention and Control”- refers to measures aimed at protecting non infected persons from contracting HIV and minimizing the impact of the condition of persons living with HIV.
(h) “Person living with HIV: - refers to an individual whose HIV test indicates, directly or indirectly, that he/she is inflected with HIV.
(i) Operator- refers to any natural or juridical person/s who or which is/are granted permit / license to operate an entertainment establishment.
(j) Lewd- inclines to characterized by or inciting to lust or lechery; obscene or indecent; low or vulgar or shall mean in accordance with Offenses Against Decency and Good Customs of Article 201 of the Revised Penal Code.
(k) Manager- refers to an individual who has the direct control and supervision of the employees working within the establishment; their other job descriptions shall be defined by their employers.
(l) Entertainer- shall mean a person who is employed in an entertainment establishment who renders entertainment service to customers, such as GROs, dancers, masseurs, cocktail waitresses and other similar occupation.
(m) Information Dissemination- refers to the process of relaying the policies, manner of prevention, causes and sources of infection of STD/HIV/AIDS to all persons, operators and workers in the entertainment industry.
(n) Illegal Entertainment- refers to entertainment establishment which operates without business permit.
(o) Entertainment Establishments- are business establishments which include but not limited to the following: bars, night clubs, disco houses, beer houses, cocktail lounges, massage clinics, karaoke bars/sing-along pub houses and other similar establishments which secured a permit to operate within Olongapo City.
(p) Information Material- shall mean any written and/or printed material, which educates the public.
(q) Medical Practitioners- licensed Doctor of Medicine engaged in health work in hospitals, clinics, sanitaria, health stations, barangay health centers and the like.
(r) Employee- includes any person in the employ of an employer.
Con’t. of Ordinance No. 37 Series of 2005.
- 6 -
(s) Minor- a person who is below eighteen (18) years of age or those who are unable to fully take care of themselves or protect themselves because of a physical or mental disability or condition.
(t) Reproductive Health- As defined in the Cairo International Conference on Population and Development and the World health Organization and affirmed during the Beijing Conference of the United Nations, “reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity in all matters relating to the reproductive system and its functions and processes”, i.e. people are able to have a satisfying and safe life and have the capability to reproduce and the freedom to decide, when and how to do so.
ARTICLE IV
FUNCTIONS AND POWERS OF THE OLONGAPO CITY AIDS COUNCIL
SECTION 4. Functions and Powers of the Olongapo City AIDS Council.
SECTION 4.l Composition of the Olongapo City AIDS Council. The Olongapo City AIDS Council shall be composed of multi-sectoral/heads from the city government:
City Mayor - Honorary Chair
City Council Chairman of the Committee - Chair
on Health
City Health Officer - Co-Chair
City Council Chairman of the Committee - Member
on Women
5) Chief of the Hospital, JLGMH - Member
6) HACT – JLGMH - Member
7) City Schools Superintendent DepEd - Member
8) Tertiary Education Representative - Member
9) Religious Sector Representative - Member
10) Women’s Desk Head - Member
11) City Social Welfare Officer - Member
12) UBSP Programme Officer - Member
13) DOH Representative - Member
14) Business Sector Representative - Member
15) Gay Club Representative - Member
16) Reproductive Health Wellness Center Head - Member
SECTION 4.2. Powers and Functions of the Council – the Olongapo city AIDS Council shall have the following powers and functions:
SECTION 4.2a. Formulate Policies and strategies for the prevention and control of HIV/AIDS/STD with Olongapo City;
SECTION 4.2b. Prepare short term, medium term and long term plans for the prevention and control of HIV/AIDS/STD;
Con’t. of Ordinance No. 37 Series of 2005.
- 7 -
SECTION 4.2c. Identify and prepare remedies to problems in program coordination, gaps in policy guidelines and enhance local multi-sectoral response to HIV/AIDS/STD concern;
SECTION 4.2d. Initiate skills training advocacy programs, and develop strategies to benefit the people with high-risk sexual behavior, to STD;
SECTION 4.2e. Conduct a yearly seminar in all education institution with a tertiary level, and all modules or educational materials produced by them shall be approved by the parents-teachers organizations;
SECTION 4.2f. Recommend to the Sangguniang Panlungsod enactment of laws that shall control and prevent the spread of HIV/STD/AIDS;
SECTION 4.2g. Conduct studies as to causes of HIV/STD/AIDS incidence in Olongapo City;
SECTION 4.2h. Shall ensure that education and information activities on Reproductive Health, HIV/AIDS/STD prevention shall reach the different communities;
SECTION 4.2i. The AIDS Council Shall recommend the closure of any establishment found violating the prohibited acts as mentioned under Article VIII of the Ordinance;
SECTION 4.2j. Secretariat of the Olongapo City AIDS Council. The Secretariat shall be the Reproductive Health and Wellness center (PHWC) which can jointly work in partnership with an accredited NGO or institution.
ARTICLE V
DECLARATION OF AIDS AWARENESS MONTH
SECTION 5. AIDS Awareness Month. The Celebration of AIDS Awareness Month shall be part of the year-long activities of the City.
SECTION 5.1. Declaration of the AIDS Awareness Month. The months of December and May are hereby declared as AIDS awareness months to coincide with the commemoration day for persons living with HIV/AIDS and the International Day of Action on Women’s Health. AIDS awareness should culminate on the month of December being the World AIDS prevention month;
SECTION 5.2. Advocacy Program for the AIDS Awareness Month. There shall be an advocacy program for the whole month of December for the dissemination of information for the prevention and control of AIDS.
Con’t. of Ordinance No. 37 Series of 2005.
- 8 -
ARTICLE VI
FUNCTIONS OF THE REPRODUCTIVE HEALTH AND WELLNESS CENTER (RHWC)
SECTION 6. Renaming of the Social Hygiene Clinic to Reproductive Health and Wellness Center (RHWC) and providing its functions. The RHWC shall function, but not limited to the following:
SECTION 6.a. Shall provide reproductive health care services;
SECTION 6.b. Shall provide education and information dissemination activities on the promotion of reproductive health, prevention and control of HIV/AIDS and STD;
SECTION 6.c. Case management of clienteles for various necessary information;
SECTION 6.d. Shall provide reintegration and renewal program for entertainers and other person who have practiced high risk sexual behavior, livelihood programs, counseling and crisis intervention, training, organizing and other needs of their clientele;
SECTION 6.e. Shall monitor and evaluate cases handled;
SECTION 6.f. Shall coordinate with other agencies of the city government for referral of cases and provision of other health care services and other needs of its clienteles like livelihood projects, alternative home, scholarship and other agencies;
SECTION 6.g. Minors shall be referred to concerned agencies (GOs and NGOs) for further assistance;
SECTION 6.h. Shall conduct HIV Antibody Test for the entertainers and those with similar occupation in a voluntary, regular basis. Further, pre and posttest counseling shall likewise be administered before any examination may be considered;
SECTION 6.i. RENAMING OF PRO-BOOK. The pro-book is likewise hereby renamed as Health Card.
ARTICLE VII
RULES AND REGULATION FOR THE PREVENTION OF HIV/AIDS/STD
SECTION 7. Rules and Regulations for the Prevention of HIV/AIDS/STD. It shall be required to an individual, group or establishment concerned to abide with the following rules and regulations:
SECTION 7.a. RULES REGARDING COMPULSORY AIDS/STD EDUCATION. It shall be mandatory/compulsory for all operators and /or managers and entertainers of an entertainment establishment to attend seminar on AIDS/HIV/STD prevention conducted semi-annually by any of the agencies such as RHWC, Olongapo City AIDS Council, and NGO’s accredited by the City government, otherwise, no permit to operate shall be granted to said registered entertainment establishment for violation thereof;
Con’t. of Ordinance No. 37 Series of 2005.
- 9 -
SECTION 7.b. REQUIREMENT FOR THE ISSUANCE OF PERMIT TO OPERATE. No establishment shall be allowed to operate unless a certificate of attendance to all its employees has been issued in compliance with Section 11 of Article VII;
SECTION 7.c. PEER EDUCATOR REQUIRED. It shall be required to all entertainment establishments to train at least one (1) peer educator, however, this provision shall take effect only one (1) year after the effectivity of this ordinance, otherwise, no permit to operate shall be issued in its behalf;
SECTION 7.d. AVAILABILITY OF CONDOMS AND OTHER INFORMATION MATERIAL FOR THE PREVENTION OF HIV/STD SHALL BE AVAILABLE IN ALL ENTERTAINMENT ESTABLISHMENTS INCLUDING HOTELS, MOTELS, LODGING HOUSES, SAUNA AND OTHERS;
SECTION 7.e. THE AVAILABILITY OF CONDOMS. It shall be required that all Entertainment Establishments, hotels, motels, lodging, houses, sauna and others to make condoms available within their establishments and provide guidance on the correct and consistent use of the same;
SECTION 7.f. INFORMATION MATERIAL. It shall be required that all Entertainment Establishments, hotels, motels, lodging houses, sauna and others to make information materials on HIV/AIDS/ and STD prevention and control available within the establishments and to provide such information materials when requested by customers especially on the guidance on the correct and consistent use of condom;
SECTION 7.g. THE VISIBILITY OF POSTERS and other INFORMATION MATERIALS. All entertainment establishments, hotels, motels, lodging houses, sauna and others are required to make their posters visible within their premises particularly located in comfort rooms and dressing rooms;
SECTION 7.h. CONDUCT OF MEDICAL EXAMINATION OF ENTERTAINERS AND OTHERS WITH SIMILAR OCCUPATION. All entertainers and others with similar occupation shall undergo a weekly medical examination (Gram Staining) to be conducted in a regular basis by the RHWC;
SECTION 7.i. ATTENDANCE TO SEMINARS. No entertainment establishment shall be given license or permit to operate unless the operator or entertainer shall have attended the seminar as required by this ordinance and an approved module to this effect shall be approved by the AIDS Council and RHWC for the uniformity of the implementation;
SECTION 7.j. NEWLY REGISTERED ENTERTAINMENT ESTABLISHMENT. It shall further be mandatory to all operators/managers and supervisors of a newly registered entertainment establishment to attend seminars and to secure a certificate of attendance before it can be issued a license to operate;
Con’t. of Ordinance No. 37 Series of 2005.
- 10 -
SECTION 7.k. AGENCIES TASKED TO CONDUCT SEMINARS and MONITORING ACTIVITIES. The RHWC, Olongapo City AIDS Council, and NGOs accredited by the City Government including the AIDS Society of the Philippines, Inc. (ASP) are hereby tasked to conduct seminars on Reproductive Health, HIV/AIDS and STD semi-annually and to make themselves accessible and available for seminar purposes to such operators and / managers and entertainers and other person who may need such services. They shall monitor from time to time the compliance to Section II of this ordinance and monitoring shall include inspection of proof of certificate of attendance of operators and/or managers and entertainers through attendance sheet;
SECTION 7.l. ELIMINATION OF SOCIAL STIGMA. All the activities to be undertaken for the prevention and control of HIV/AIDS should be addressed towards both men and women. Women’s and children’s vulnerability to HIV/AIDS/STD infection based on their reproductive and psychological attributes should be highlighted;
SECTION 7.m. SUBMISSION OF POLICIES. It shall be compulsory for all operators and/ or managers of entertainment establishments to provide the city government and the entertainers copies of the entertainment establishment policies in accordance with labor laws and other related national and local policies;
SECTION 7.n. CONCERNING BIRTH CERTIFICATES AND OTHER LEGAL DOCUMENTS. All applicants seeking employment in entertainment establishments shall submit an application for working permit at the Permit and Licensing Office. As prerequisite to approval of said permit, he/she must present a certified original copy of the birth certificate. Said Office shall then process the request with corresponding line agencies concerned upon payment of processing fee;
SECTION 7.o. COMPILATION OF ROSTER OF ENTERTAINERS/EMPLOYEES. The RHWC shall maintain a regular compilation of all entertainers and employees (master list) particularly indicating their ages and respective establishment where they are employed;
SECTION 7.p. CLEARANCE FOR TRANSFER. It shall be compulsory for any entertainer to secure health clearance from the RHWC before transferring from one establishment to another within the city.
ARTICLE VIII
PROHIBITED ACTS
SECTION 8. PROHIBITED ACTS IN ENTERTAINMENT ESTABLISHMENTS. No entertainment establishment shall practice any of the following prohibited acts:
SECTION 8.a. Offering entertainment that appeals exclusively to the prurient interests of people and must be in accordance with the entertainment for the public and general patronage as provided by the Revised Penal Code;
Con’t. of Ordinance No. 37 Series of 2005.
- 11 -
SECTION 8.b. Allowing presentation of lewd shows and other entertainment activities that violate gender sensitive accepted standards offensive to morals, decency, and obscenity;
SECTION 8.c. Provides facilities such as private entertainment rooms with looks from the inside and outside glass, partition/walls that are non-transparent or with any form of obstruction from the public view that facilities the practice of illegal activities such as prostitution, use of illegal drugs, acts of lasciviousness and other illegal acts that violates women’s right. Establishments are allowed to put a three (3) feet based partition six (6) months to comply upon passage of this ordinance;
SECTION 8.d. Tolerating the activities of pimps or any person soliciting money for sexual favors;
SECTION 8.e. Any patron, pimp, manager or operator, government official/employee or any person caught watching or participating in anyway during the conduct or showing of a lewd show shall be likewise penalized;
SECTION 8.f. No public official or government enforcement officer shall be allowed to apprehend the woman and children found within an entertainment establishment, otherwise, such act shall be penalized in this ordinance;
SECTION 8.g. No operator/owner/manager can dismiss or penalize an entertainer by reason of rejection of a client;
SECTION 8.h. Any person who shall insist to stay in an entertainment establishment when he has been requested to leave by reason of exhibiting behavior contrary to public norms maybe penalized under this ordinance;
SECTION 8.i. No entertainment establishment can refuse entry to an unescorted lady/woman;
SECTION 8.j. Any person who shall falsify the certificate of attendance shall be penalized in this ordinance;
SECTION 8.k. No person shall make any monetary / financial collection or other form with material value except for payment of duly authorized membership dues of accredited organization;
SECTION 8.l. No police officer or any officer in charge in the enforcement of any law can arrest any minor or women on mere suspicion that they engaged in solicitation of money for sexual favors or vagrancy unless they have proven otherwise;
SECTION 8.m. PROHIBITION AGAINST MEDICAL MALPRACTICE. No medical practitioner or other staff assisting or directly providing medical services /exams to clientele shall be insensitive and/ or inhumane in their treatment of said patients. Clientele should be made aware of their rights to file charges for abuses committed against them;
Con’t. of Ordinance No. 37 Series of 2005.
-12 -
SECTION 8.n. PROHIBITION AGAINST HIRING OF MINORS. No entertainment establishment shall be allowed to hire any minor;
SECTION 8.o. REGULATION CONCERING MINOR WITHIN AND NEAR THE VICINITY OF AN ENTERTAINMENT ESTABLISHMENT;
SECTION 8.p. No minor shall be allowed to enter the entertainment establishment, and when a minor is found violating this provision, his/her parents shall be liable for such offense;
SECTION 8.q. All minors shall be prohibited within and five (5) meters away from an entertainment establishments, unless accompanied by a parent, relative or a person of the age of the majority;
SECTION 8.r. Any parent found neglecting his/her parental authority and as a consequence, a minor is found violating this ordinance, the parents shall be charged and not the minor;
SECTION 8.s. PROHIBITION AGAINST DIVULGING OF CONFIDENTIAL INFORMATION OF PERSONS LIVING WITH HIV/AIDS/STD. Any person working in the government or any NGO who shall have access to confidential information acquired by reason of his/her position in the implementation of this ordinance, and who shall divulge the same to the public shall be prohibited.
ARTICLE IX
PENALTY PROVISION
SECTION 9. Any person found guilty of violating all the provisions of Articles VII and VIII of this ordinance shall be meted with the following penalties:
SECTION 9.a. First Offense – to pay a fine P2,000.00 and/or an imprisonment of one (1) month;
SECTION 9.b. Second Offense – to pay a fine of P3,000.00 and/or imprisonment of three (3) months;
SECTION 9.c. Third Offense – to pay fine of P5,000.00 and/or imprisonment of six (6) months and / or permanent closure of establishments;
SECTION 9.d. Any government officer found guilty violating any Sections of this Ordinance shall be charged administratively against graft and corruption practice and shall pay a fine P5,000.00 and imprisonment of one year.
Con’t. of Ordinance No. 37 Series of 2005.
-13 -
ARTICLE X
IMPLEMENTATION AND MONITORING
SECTION 10. Implementation and Monitoring.
SECTION 10.a. Implementing and Monitoring Agencies. The following city government offices and private agencies are tasked to coordinate in the strict compliance and enforcement of this ordinance:
City Health Office
License and Permit Division
AIDS Council
Olongapo City Police Office – Women’s Desk
Gender Development office / Council
Social Welfare and Development Office
AIDS Task Force
SECTION 10.b. AIDS TASK FORCE. This refers to the group of individuals appointed by the city mayor which shall function as the agency which conduct HIV testing surveillance and Counseling. It shall conduct regular HIV/STD surveillance activities and testing;
SECTION 10.c. POLICE WOMEN’S DESK. The PNP Women’s Desk is tasked to file all corresponding violation on the prohibited acts of this ordinance.
ARTICLE XI
APPROPRIATION
SECTION 11. Appropriation. An amount equivalent to 10% of the GAD fund (which is 5% of the General Fund of the city) shall be appropriated to fund the project mentioned in this ordinance, provided further that at least 30% thereof shall be used to purchase medicines for the treatment of sexually transmitted diseases (STD). Revenues derived from smear test, business tax and related tax collected from the entertainment industry shall be solely allocated for the use of the RHWC.
ARTICLE XII
FINAL PROVISION
SECTION 12. Final Provisions.
SECTION 12.a. Separability Clause. If for any reason, any section or provision of this ordinance 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 12.b. Repealing Clause. All ordinance, local issuances or rules inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly;
Con’t. of Ordinance No. 37 Series of 2005.
- 14 -
SECTION 12.c. Effectivity Clause. This Ordinance shall take effect immediately upon approval and posting in 3 conspicuous places in the city;
SECTION 12.d. Let copies of this ordinance be furnished the AIDS Society of the Philippines and the Olongapo City AIDS Council, Inc. for their information and record.
APPROVED UNANIMOUSLY, May 25, 2005.
ROLEN C. PAULINO
City Vice Mayor & Presiding Officer
(On Leave)
NOEL Y. ATIENZA CYNTHIA G. CAJUDO
Temporary Vice Mayor & Presiding Officer City Councilor
TEODORO D. DEL ROSARIO BELLA P. ASUNCION
City Councilor City Councilor
MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor
NAPOLEON F. CAPISTRANO ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
ATTEST:
ELFLIDA S. SALMON
Council Secretary
APPROVED BY HIS HONOR, THE CITY MAYOR ______________________.
JAMES GORDON, JR.
City Mayor
ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor
MAY 25, 2005, AT THE CITY HALL.
PRESENT:
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - Temporary Vice Mayor & Presiding Officer
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - City Councilor
Hon. Teodoro D. del Rosario- - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
ABSENT:
Hon. Rolen C. Paulino - - - - - - - - - - - - - - - City Vice Mayor
(On Leave)
In the interest of public service and on motion of Councilor Angelina B. Andrada, 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. 37
(Series of 2005)
AN ORDINANCE PROMULGATING POLICIES AND MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS/STD IN OLONGAPO CITY, CREATING THE OLONGAPO CITY AIDS COUNCIL AND PROVIDING FOR ITS POWERS AND FUNCTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES.
BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:
ARTICLE I
TITLE OF THE ORDINANCE
SECTION 1. Short Title- This Ordinance shall be known as the Olongapo City HIV/AIDS/STD Prevention and Control 2005.
Con’t. of Ordinance No. 37 Series of 2005.
- 2 -
ARTICLE II
DECLARATION OF POLICIES
SECTION 2. Declaration of Policies and Principles. Acquired Immune Deficiency Syndrome (AIDS) is a disease/condition that recognizes no territorial, social, political and economic boundaries for which there is no known cure. The gravity of the AIDS threat demands strong state of action today, thus, the City Government of Olongapo shall adhere to the following international, national and local policies and principles:
SECTION 2.a. ARTICLE 3, of the United Nations Convention of the Elimination of All Forms of Discrimination Against Women (UNCEDAW) states the obligations of the state to take all appropriate measures to ensure the full development and advancement for women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on the basis of equality with men;
SECTION 2.b. ITEM C, Women and Health of Strategic Objectives and Actions of THE BEIJING DECLARATION AND PLATFORM FOR ACTION which was adopted by the United Nations of the Fourth World Conference on Women in Beijing, China, our country, being a signatory, committed to:
Increase women’s access throughout the life cycle to appropriate, affordable and quality health care, information and related services;
Strengthen preventive programs that promote women’s health;
Undertake gender-sensitive initiatives that address sexually transmitted diseases, HIV/AIDS, and sexual and reproductive health issues;
Promote research and disseminate information on women’s health;
Increase resources and monitor follow-up for women’s health.
SECTION 2.c. ITEM D, Violence Against Women (VAW) of the Strategic Objectives and Actions of THE BEIJING DECLARATION AND PLATFROM FOR ACTION, our government is committed to:
Study the causes and consequences of violence against women and effectiveness of preventive measures;
Eliminate trafficking in women and assist victims of violence due to prostitution and trafficking.
SECTION 2.d. ARTICLE 34, United Nations Convention on the Rights of the Child (CRC) provides that the state shall protect children from sexual exploitation and abuse, including prostitution and involved in pornography;
SECTION 2.e. ARTICLE II, SECTION 10, of the 1987 Philippine Constitution states that “The state values the dignity of every human person and guarantees full respect for human rights”;
SECTION 2.f. ARTICLE II, SECTION 14, of the 1987 Philippine Constitution states that “The state recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men”;
Con’t. of Ordinance No. 37 Series of 2005.
- 3 -
SECTION 2.g. SECTION 15, of the 1987 Philippine Constitution states “The state shall promote the right to health of the people and instill health consciousness among them”;
SECTION 2.h. ARTICLE II, SECTION 18, of the 1987 Philippine Constitution states that “The state affirms labor as primary social economic force. It shall protect the rights of workers and promote their welfare”;
SECTION 2.i. ARTICLE II, SECTION 20, of the 1987 Philippine Constitution states that “The state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investment”;
SECTION 2.j. ARTICLE II, SECTION 23, of the 1987 Philippine Constitution states that “The state encourages non-governmental, community-based, sectoral organizations that promote the welfare of the nation”;
SECTION 2.k. ARTICLE II, SECTION 25, of the 1987 Philippine Constitution states that “The state shall ensure the autonomy of local government”;
SECTION 2.l. REPUBLIC ACT NO. 8504 known as “An Act Promulgating and Preventing Measures for the Prevention and Control of HIV/AIDS in the Philippines” was enacted declaring the following policies:
a. The state shall promote public awareness about the causes, modes of transmission, consequences, means of prevention, citywide education and information, and employ scientifically proven approaches, focus on the family as a basic social unit, and be carried out in all schools and training centers, workplaces, and communities. This program shall involve individuals and groups who are concern with regulation and prevention of HIV/AIDS;
b. The state shall extend to every person suspected or known to be infected with HIV/AIDS full protection, on his/her human rights and civil liberties. Towards this end:
compulsory HIV testing shall be discouraged unless otherwise provided in this ordinance;
the right to privacy of individuals with HIV shall be guaranteed;
discrimination in all its forms and subtleties, against individuals with HIV or persons perceived or suspected of having HIV shall be considered inimical to individual’s interest; and
provision of basic health and social services for individuals with HIV shall be assured.
c. The state shall promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission;
Con’t. of Ordinance No. 37 Series of 2005.
- 4 -
d. The state shall positively address and seek to eradicate conditions that aggravate the spread of HIV infection. including but not limited to poverty, gender, inequality, prostitution, marginalization, drug abuse and ignorance;
e. The state shall recognize the potential role of affected individuals in propagating vital information and educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.
SECTION 2.m. PRESIDENTIAL EXECUTION ORDER NO. 273, approved and adopted the Philippine Plan for General-Responsive Development (1995-2025), directs all government agencies at the national, regional and local levels to take appropriate steps to ensure the policies, programs, projects and strategies outlined thereat;
SECTION 2.n. ITEM 3, Policies and strategies, Policy Advocacy and Legal Forms of the Philippine Plan for General Responsive Development (PPGD) states that “women and children should no longer be arrested or fined like criminals” (ESCAP, 1991:57). Decriminalization of the prostituted should go hand in hand with apprehension and prosecution of agents, recruiters, traffickers, pimps, procurers, establishment owners, customers and others who derive sexual gratification, financial gain and advancement, or any other benefit from prostitution of others. Decriminalization means the abolition of sexist discrimination in general and removing the culpability and criminality which the law places specifically on women prostitutes”;
SECTION 2.o. It is a declared policy of the city government to promote the welfare and well-being of the general public;
SECTION 2.p. The city government is responsible to educate the community in preventing the spread of HIV and other sexually transmitted diseases;
SECTION 2.q. It is the responsibility of the city government to provide assistance to the local individuals and their families affected by STD/HIV/AIDS;
SECTION 2.r. The City of Olongapo recognizes the fact that prostitution is a growing social menace in the society;
SECTION 2.s. Recognition of the efforts of various non-government organizations who supported and lobbied which lead to the passage of this ordinance;
SECTION 2.t. In compliance with the provisions of the Constitution, Republic Act No. 8504, and other existing international, national and local laws and directives, efforts should be made by the city government to enact policies and measures that will ensure the promotion of the right to health and protection of its constituents from any health and social ills that will hamper their full development;
Con’t. of Ordinance No. 37 Series of 2005.
- 5 -
ARTICLE III
DEFINITION OF TERMS
SECTION 3. Definition of Terms - As used in the Ordinance, the following terms are defined as follows:
(a) “Acquired Immune Deficiency Syndrome (AIDS)”- shall mean a condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life threatening infections.
(b) Condom- shall mean a device use to prevent the transmission of HIV/AIDS/STD.
(c) Decriminalize- shall mean to eliminate criminal penalties for possession or use of as defined on Section 2.m of Article II of this ordinance.
(d) Entertainment Establishment’s policies- shall refer to the statement of provisions of work and benefits of entertainers/employees.
(e) Floor Manager- refers to an individual who supervises the activities of the entertainers.
(f) “Human Immunodeficiency Virus (HIV)”- refers to the virus which causes AIDS.
(g) “HIV/AIDS Prevention and Control”- refers to measures aimed at protecting non infected persons from contracting HIV and minimizing the impact of the condition of persons living with HIV.
(h) “Person living with HIV: - refers to an individual whose HIV test indicates, directly or indirectly, that he/she is inflected with HIV.
(i) Operator- refers to any natural or juridical person/s who or which is/are granted permit / license to operate an entertainment establishment.
(j) Lewd- inclines to characterized by or inciting to lust or lechery; obscene or indecent; low or vulgar or shall mean in accordance with Offenses Against Decency and Good Customs of Article 201 of the Revised Penal Code.
(k) Manager- refers to an individual who has the direct control and supervision of the employees working within the establishment; their other job descriptions shall be defined by their employers.
(l) Entertainer- shall mean a person who is employed in an entertainment establishment who renders entertainment service to customers, such as GROs, dancers, masseurs, cocktail waitresses and other similar occupation.
(m) Information Dissemination- refers to the process of relaying the policies, manner of prevention, causes and sources of infection of STD/HIV/AIDS to all persons, operators and workers in the entertainment industry.
(n) Illegal Entertainment- refers to entertainment establishment which operates without business permit.
(o) Entertainment Establishments- are business establishments which include but not limited to the following: bars, night clubs, disco houses, beer houses, cocktail lounges, massage clinics, karaoke bars/sing-along pub houses and other similar establishments which secured a permit to operate within Olongapo City.
(p) Information Material- shall mean any written and/or printed material, which educates the public.
(q) Medical Practitioners- licensed Doctor of Medicine engaged in health work in hospitals, clinics, sanitaria, health stations, barangay health centers and the like.
(r) Employee- includes any person in the employ of an employer.
Con’t. of Ordinance No. 37 Series of 2005.
- 6 -
(s) Minor- a person who is below eighteen (18) years of age or those who are unable to fully take care of themselves or protect themselves because of a physical or mental disability or condition.
(t) Reproductive Health- As defined in the Cairo International Conference on Population and Development and the World health Organization and affirmed during the Beijing Conference of the United Nations, “reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity in all matters relating to the reproductive system and its functions and processes”, i.e. people are able to have a satisfying and safe life and have the capability to reproduce and the freedom to decide, when and how to do so.
ARTICLE IV
FUNCTIONS AND POWERS OF THE OLONGAPO CITY AIDS COUNCIL
SECTION 4. Functions and Powers of the Olongapo City AIDS Council.
SECTION 4.l Composition of the Olongapo City AIDS Council. The Olongapo City AIDS Council shall be composed of multi-sectoral/heads from the city government:
City Mayor - Honorary Chair
City Council Chairman of the Committee - Chair
on Health
City Health Officer - Co-Chair
City Council Chairman of the Committee - Member
on Women
5) Chief of the Hospital, JLGMH - Member
6) HACT – JLGMH - Member
7) City Schools Superintendent DepEd - Member
8) Tertiary Education Representative - Member
9) Religious Sector Representative - Member
10) Women’s Desk Head - Member
11) City Social Welfare Officer - Member
12) UBSP Programme Officer - Member
13) DOH Representative - Member
14) Business Sector Representative - Member
15) Gay Club Representative - Member
16) Reproductive Health Wellness Center Head - Member
SECTION 4.2. Powers and Functions of the Council – the Olongapo city AIDS Council shall have the following powers and functions:
SECTION 4.2a. Formulate Policies and strategies for the prevention and control of HIV/AIDS/STD with Olongapo City;
SECTION 4.2b. Prepare short term, medium term and long term plans for the prevention and control of HIV/AIDS/STD;
Con’t. of Ordinance No. 37 Series of 2005.
- 7 -
SECTION 4.2c. Identify and prepare remedies to problems in program coordination, gaps in policy guidelines and enhance local multi-sectoral response to HIV/AIDS/STD concern;
SECTION 4.2d. Initiate skills training advocacy programs, and develop strategies to benefit the people with high-risk sexual behavior, to STD;
SECTION 4.2e. Conduct a yearly seminar in all education institution with a tertiary level, and all modules or educational materials produced by them shall be approved by the parents-teachers organizations;
SECTION 4.2f. Recommend to the Sangguniang Panlungsod enactment of laws that shall control and prevent the spread of HIV/STD/AIDS;
SECTION 4.2g. Conduct studies as to causes of HIV/STD/AIDS incidence in Olongapo City;
SECTION 4.2h. Shall ensure that education and information activities on Reproductive Health, HIV/AIDS/STD prevention shall reach the different communities;
SECTION 4.2i. The AIDS Council Shall recommend the closure of any establishment found violating the prohibited acts as mentioned under Article VIII of the Ordinance;
SECTION 4.2j. Secretariat of the Olongapo City AIDS Council. The Secretariat shall be the Reproductive Health and Wellness center (PHWC) which can jointly work in partnership with an accredited NGO or institution.
ARTICLE V
DECLARATION OF AIDS AWARENESS MONTH
SECTION 5. AIDS Awareness Month. The Celebration of AIDS Awareness Month shall be part of the year-long activities of the City.
SECTION 5.1. Declaration of the AIDS Awareness Month. The months of December and May are hereby declared as AIDS awareness months to coincide with the commemoration day for persons living with HIV/AIDS and the International Day of Action on Women’s Health. AIDS awareness should culminate on the month of December being the World AIDS prevention month;
SECTION 5.2. Advocacy Program for the AIDS Awareness Month. There shall be an advocacy program for the whole month of December for the dissemination of information for the prevention and control of AIDS.
Con’t. of Ordinance No. 37 Series of 2005.
- 8 -
ARTICLE VI
FUNCTIONS OF THE REPRODUCTIVE HEALTH AND WELLNESS CENTER (RHWC)
SECTION 6. Renaming of the Social Hygiene Clinic to Reproductive Health and Wellness Center (RHWC) and providing its functions. The RHWC shall function, but not limited to the following:
SECTION 6.a. Shall provide reproductive health care services;
SECTION 6.b. Shall provide education and information dissemination activities on the promotion of reproductive health, prevention and control of HIV/AIDS and STD;
SECTION 6.c. Case management of clienteles for various necessary information;
SECTION 6.d. Shall provide reintegration and renewal program for entertainers and other person who have practiced high risk sexual behavior, livelihood programs, counseling and crisis intervention, training, organizing and other needs of their clientele;
SECTION 6.e. Shall monitor and evaluate cases handled;
SECTION 6.f. Shall coordinate with other agencies of the city government for referral of cases and provision of other health care services and other needs of its clienteles like livelihood projects, alternative home, scholarship and other agencies;
SECTION 6.g. Minors shall be referred to concerned agencies (GOs and NGOs) for further assistance;
SECTION 6.h. Shall conduct HIV Antibody Test for the entertainers and those with similar occupation in a voluntary, regular basis. Further, pre and posttest counseling shall likewise be administered before any examination may be considered;
SECTION 6.i. RENAMING OF PRO-BOOK. The pro-book is likewise hereby renamed as Health Card.
ARTICLE VII
RULES AND REGULATION FOR THE PREVENTION OF HIV/AIDS/STD
SECTION 7. Rules and Regulations for the Prevention of HIV/AIDS/STD. It shall be required to an individual, group or establishment concerned to abide with the following rules and regulations:
SECTION 7.a. RULES REGARDING COMPULSORY AIDS/STD EDUCATION. It shall be mandatory/compulsory for all operators and /or managers and entertainers of an entertainment establishment to attend seminar on AIDS/HIV/STD prevention conducted semi-annually by any of the agencies such as RHWC, Olongapo City AIDS Council, and NGO’s accredited by the City government, otherwise, no permit to operate shall be granted to said registered entertainment establishment for violation thereof;
Con’t. of Ordinance No. 37 Series of 2005.
- 9 -
SECTION 7.b. REQUIREMENT FOR THE ISSUANCE OF PERMIT TO OPERATE. No establishment shall be allowed to operate unless a certificate of attendance to all its employees has been issued in compliance with Section 11 of Article VII;
SECTION 7.c. PEER EDUCATOR REQUIRED. It shall be required to all entertainment establishments to train at least one (1) peer educator, however, this provision shall take effect only one (1) year after the effectivity of this ordinance, otherwise, no permit to operate shall be issued in its behalf;
SECTION 7.d. AVAILABILITY OF CONDOMS AND OTHER INFORMATION MATERIAL FOR THE PREVENTION OF HIV/STD SHALL BE AVAILABLE IN ALL ENTERTAINMENT ESTABLISHMENTS INCLUDING HOTELS, MOTELS, LODGING HOUSES, SAUNA AND OTHERS;
SECTION 7.e. THE AVAILABILITY OF CONDOMS. It shall be required that all Entertainment Establishments, hotels, motels, lodging, houses, sauna and others to make condoms available within their establishments and provide guidance on the correct and consistent use of the same;
SECTION 7.f. INFORMATION MATERIAL. It shall be required that all Entertainment Establishments, hotels, motels, lodging houses, sauna and others to make information materials on HIV/AIDS/ and STD prevention and control available within the establishments and to provide such information materials when requested by customers especially on the guidance on the correct and consistent use of condom;
SECTION 7.g. THE VISIBILITY OF POSTERS and other INFORMATION MATERIALS. All entertainment establishments, hotels, motels, lodging houses, sauna and others are required to make their posters visible within their premises particularly located in comfort rooms and dressing rooms;
SECTION 7.h. CONDUCT OF MEDICAL EXAMINATION OF ENTERTAINERS AND OTHERS WITH SIMILAR OCCUPATION. All entertainers and others with similar occupation shall undergo a weekly medical examination (Gram Staining) to be conducted in a regular basis by the RHWC;
SECTION 7.i. ATTENDANCE TO SEMINARS. No entertainment establishment shall be given license or permit to operate unless the operator or entertainer shall have attended the seminar as required by this ordinance and an approved module to this effect shall be approved by the AIDS Council and RHWC for the uniformity of the implementation;
SECTION 7.j. NEWLY REGISTERED ENTERTAINMENT ESTABLISHMENT. It shall further be mandatory to all operators/managers and supervisors of a newly registered entertainment establishment to attend seminars and to secure a certificate of attendance before it can be issued a license to operate;
Con’t. of Ordinance No. 37 Series of 2005.
- 10 -
SECTION 7.k. AGENCIES TASKED TO CONDUCT SEMINARS and MONITORING ACTIVITIES. The RHWC, Olongapo City AIDS Council, and NGOs accredited by the City Government including the AIDS Society of the Philippines, Inc. (ASP) are hereby tasked to conduct seminars on Reproductive Health, HIV/AIDS and STD semi-annually and to make themselves accessible and available for seminar purposes to such operators and / managers and entertainers and other person who may need such services. They shall monitor from time to time the compliance to Section II of this ordinance and monitoring shall include inspection of proof of certificate of attendance of operators and/or managers and entertainers through attendance sheet;
SECTION 7.l. ELIMINATION OF SOCIAL STIGMA. All the activities to be undertaken for the prevention and control of HIV/AIDS should be addressed towards both men and women. Women’s and children’s vulnerability to HIV/AIDS/STD infection based on their reproductive and psychological attributes should be highlighted;
SECTION 7.m. SUBMISSION OF POLICIES. It shall be compulsory for all operators and/ or managers of entertainment establishments to provide the city government and the entertainers copies of the entertainment establishment policies in accordance with labor laws and other related national and local policies;
SECTION 7.n. CONCERNING BIRTH CERTIFICATES AND OTHER LEGAL DOCUMENTS. All applicants seeking employment in entertainment establishments shall submit an application for working permit at the Permit and Licensing Office. As prerequisite to approval of said permit, he/she must present a certified original copy of the birth certificate. Said Office shall then process the request with corresponding line agencies concerned upon payment of processing fee;
SECTION 7.o. COMPILATION OF ROSTER OF ENTERTAINERS/EMPLOYEES. The RHWC shall maintain a regular compilation of all entertainers and employees (master list) particularly indicating their ages and respective establishment where they are employed;
SECTION 7.p. CLEARANCE FOR TRANSFER. It shall be compulsory for any entertainer to secure health clearance from the RHWC before transferring from one establishment to another within the city.
ARTICLE VIII
PROHIBITED ACTS
SECTION 8. PROHIBITED ACTS IN ENTERTAINMENT ESTABLISHMENTS. No entertainment establishment shall practice any of the following prohibited acts:
SECTION 8.a. Offering entertainment that appeals exclusively to the prurient interests of people and must be in accordance with the entertainment for the public and general patronage as provided by the Revised Penal Code;
Con’t. of Ordinance No. 37 Series of 2005.
- 11 -
SECTION 8.b. Allowing presentation of lewd shows and other entertainment activities that violate gender sensitive accepted standards offensive to morals, decency, and obscenity;
SECTION 8.c. Provides facilities such as private entertainment rooms with looks from the inside and outside glass, partition/walls that are non-transparent or with any form of obstruction from the public view that facilities the practice of illegal activities such as prostitution, use of illegal drugs, acts of lasciviousness and other illegal acts that violates women’s right. Establishments are allowed to put a three (3) feet based partition six (6) months to comply upon passage of this ordinance;
SECTION 8.d. Tolerating the activities of pimps or any person soliciting money for sexual favors;
SECTION 8.e. Any patron, pimp, manager or operator, government official/employee or any person caught watching or participating in anyway during the conduct or showing of a lewd show shall be likewise penalized;
SECTION 8.f. No public official or government enforcement officer shall be allowed to apprehend the woman and children found within an entertainment establishment, otherwise, such act shall be penalized in this ordinance;
SECTION 8.g. No operator/owner/manager can dismiss or penalize an entertainer by reason of rejection of a client;
SECTION 8.h. Any person who shall insist to stay in an entertainment establishment when he has been requested to leave by reason of exhibiting behavior contrary to public norms maybe penalized under this ordinance;
SECTION 8.i. No entertainment establishment can refuse entry to an unescorted lady/woman;
SECTION 8.j. Any person who shall falsify the certificate of attendance shall be penalized in this ordinance;
SECTION 8.k. No person shall make any monetary / financial collection or other form with material value except for payment of duly authorized membership dues of accredited organization;
SECTION 8.l. No police officer or any officer in charge in the enforcement of any law can arrest any minor or women on mere suspicion that they engaged in solicitation of money for sexual favors or vagrancy unless they have proven otherwise;
SECTION 8.m. PROHIBITION AGAINST MEDICAL MALPRACTICE. No medical practitioner or other staff assisting or directly providing medical services /exams to clientele shall be insensitive and/ or inhumane in their treatment of said patients. Clientele should be made aware of their rights to file charges for abuses committed against them;
Con’t. of Ordinance No. 37 Series of 2005.
-12 -
SECTION 8.n. PROHIBITION AGAINST HIRING OF MINORS. No entertainment establishment shall be allowed to hire any minor;
SECTION 8.o. REGULATION CONCERING MINOR WITHIN AND NEAR THE VICINITY OF AN ENTERTAINMENT ESTABLISHMENT;
SECTION 8.p. No minor shall be allowed to enter the entertainment establishment, and when a minor is found violating this provision, his/her parents shall be liable for such offense;
SECTION 8.q. All minors shall be prohibited within and five (5) meters away from an entertainment establishments, unless accompanied by a parent, relative or a person of the age of the majority;
SECTION 8.r. Any parent found neglecting his/her parental authority and as a consequence, a minor is found violating this ordinance, the parents shall be charged and not the minor;
SECTION 8.s. PROHIBITION AGAINST DIVULGING OF CONFIDENTIAL INFORMATION OF PERSONS LIVING WITH HIV/AIDS/STD. Any person working in the government or any NGO who shall have access to confidential information acquired by reason of his/her position in the implementation of this ordinance, and who shall divulge the same to the public shall be prohibited.
ARTICLE IX
PENALTY PROVISION
SECTION 9. Any person found guilty of violating all the provisions of Articles VII and VIII of this ordinance shall be meted with the following penalties:
SECTION 9.a. First Offense – to pay a fine P2,000.00 and/or an imprisonment of one (1) month;
SECTION 9.b. Second Offense – to pay a fine of P3,000.00 and/or imprisonment of three (3) months;
SECTION 9.c. Third Offense – to pay fine of P5,000.00 and/or imprisonment of six (6) months and / or permanent closure of establishments;
SECTION 9.d. Any government officer found guilty violating any Sections of this Ordinance shall be charged administratively against graft and corruption practice and shall pay a fine P5,000.00 and imprisonment of one year.
Con’t. of Ordinance No. 37 Series of 2005.
-13 -
ARTICLE X
IMPLEMENTATION AND MONITORING
SECTION 10. Implementation and Monitoring.
SECTION 10.a. Implementing and Monitoring Agencies. The following city government offices and private agencies are tasked to coordinate in the strict compliance and enforcement of this ordinance:
City Health Office
License and Permit Division
AIDS Council
Olongapo City Police Office – Women’s Desk
Gender Development office / Council
Social Welfare and Development Office
AIDS Task Force
SECTION 10.b. AIDS TASK FORCE. This refers to the group of individuals appointed by the city mayor which shall function as the agency which conduct HIV testing surveillance and Counseling. It shall conduct regular HIV/STD surveillance activities and testing;
SECTION 10.c. POLICE WOMEN’S DESK. The PNP Women’s Desk is tasked to file all corresponding violation on the prohibited acts of this ordinance.
ARTICLE XI
APPROPRIATION
SECTION 11. Appropriation. An amount equivalent to 10% of the GAD fund (which is 5% of the General Fund of the city) shall be appropriated to fund the project mentioned in this ordinance, provided further that at least 30% thereof shall be used to purchase medicines for the treatment of sexually transmitted diseases (STD). Revenues derived from smear test, business tax and related tax collected from the entertainment industry shall be solely allocated for the use of the RHWC.
ARTICLE XII
FINAL PROVISION
SECTION 12. Final Provisions.
SECTION 12.a. Separability Clause. If for any reason, any section or provision of this ordinance 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 12.b. Repealing Clause. All ordinance, local issuances or rules inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly;
Con’t. of Ordinance No. 37 Series of 2005.
- 14 -
SECTION 12.c. Effectivity Clause. This Ordinance shall take effect immediately upon approval and posting in 3 conspicuous places in the city;
SECTION 12.d. Let copies of this ordinance be furnished the AIDS Society of the Philippines and the Olongapo City AIDS Council, Inc. for their information and record.
APPROVED UNANIMOUSLY, May 25, 2005.
ROLEN C. PAULINO
City Vice Mayor & Presiding Officer
(On Leave)
NOEL Y. ATIENZA CYNTHIA G. CAJUDO
Temporary Vice Mayor & Presiding Officer City Councilor
TEODORO D. DEL ROSARIO BELLA P. ASUNCION
City Councilor City Councilor
MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor
NAPOLEON F. CAPISTRANO ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
ATTEST:
ELFLIDA S. SALMON
Council Secretary
APPROVED BY HIS HONOR, THE CITY MAYOR ______________________.
JAMES GORDON, JR.
City Mayor
ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor
posted by Anonymous at
6/16/2005
Want to be notified when MAJOR news happens in Subic Bay?