Republic of the Philippines

City of lloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 4QTH REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD OF THE C1TY OF tLOtLO, PHIUPPINES, HELD AT THE SESSION HALL, NEW CITY HALL
BUILDING, PLAZA LIBERTAD, ILOILO CITY, ON TUESDAY, NOVEMBER 11, 2014.
PRESENT:

HON. JOSE S. ESPINOSA IH

City Vice Mayor & Presiding Officer
HON. LYNDON V. ACAP
HON. RODEL F. AGADO
HON. JOSHUA C. ALIM
HON. LADY JULIE GRACE L. BARONDA
HON. R LEONE N. GEROCHI
HON. JASON R. GONZALES .
HON. CARLOS P. GUARIN, President Liga ng mga Barangay
HON. PLARIDEL C. NAVA II, Asst Floor Leader
HON. ARMAND S. PARCON
HON. EDUARDO L. PENAREDONDO
HON. LIEZL JOY ZULUETA-SALAZAR
HON. JOSE EFRAIN G. TRENAS Ill
HON. NIELEX C. TUPAS

Member
Member
Member
Member
Member
Member
Ex Officio Member
Member
Member
Member
Member
Member
Member

ABSENT:

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None.

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REGULATION ORDINANCE NO. 2014-496

AN ORDINANCE AMENDING THE PROCEDURE IN ARRESTING VIOLATORS OF CITY
~:Q~ ?J>'itRDINANCES AS PRESCRIBED UNDER CITY ORDINANCE NO. 2001017

VJ,,...,,1

Sponsored by Councilor Plaridel C. Nava II, duly seconded by Councilors

Rodel F. Agado, Lyndon V. Acap and Joshua C. Alim

WHEREAS, City Regulation Ordinance No. 2001-017 was premised on the first sentence of Section 16
of the 1991 Revised Rule on Summary Procedure, which provides that "the court shall not order the arrest of the
accused except for failure to appear whenever required';
WHEREAS, this particular provisions of the 1991 Revised Rule on Summary Procedure refers only to
criminal cases already filed in court and is commenced either by complaint or by information and not during
warrantless arrest wherein a person is taken into custody in order that he may be bound to answer for the
commission of an offense, including violation of an ordinance;
WHEREAS, Section 1 of the City Regulation Ordinance No. 2001-017 runs counter to the provision of
Section 5, Rule 113 (arrest} of the Revised Rules on Criminal Procedure which provides that a peace officer or a
private person may without a warrant arrest a person under the following circumstance:

Id

Reg.Ord.No.2014-496.Nov. 11.2014

Page2

a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b) When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and,
c) When the person to be arrested is a prisoner who has escaped from penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person arrested without warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Section
7 of Rule 112 (Sa);
WHEREAS, the payment of the corresponding fine as condition precedent for the release of a person
thus arrested for violating a city ordinance, while may be laudable, violates the fundamental right of an individual
to be presumed innocent unless proven guilty in a court of law, aside from being patently anti-poor;
WHEREAS, Article 125 of the Revised Penal Code provides for a more libertarian safeguard by
requiring a public officer or employee to deliver a detained person to the proper judicial authorities within the
period of twelve (12) hours, for crimes or offenses punishable by correctional penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent, and thirty-six
(36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent
WHEREAS, in instances where a law or ordinance only imposes a fine reference may be made to
Article 26 of the Revised Penal Code wherein it is provided that the fine whether imposed as a single or as an
alternative penalty is also classified into light penalty if it is be less than two hundred pesos (P200.00);
correctional penalty if it does not exceed six thousand pesos (P6,000.00) but is not less than two hundred pesos
(P200.00) and considered as afflictive penalty if it exceeds six thousand pesos (P6,000.00) hence it is
complimentary to the provision of Art 125 above-cited;
NOW, THEREFORE, be it enacted by the Sangguniang Panlungsod of lloilo City, that:
Section 1. Sections 1 and 2 of City Regulation Ordinance No. 2001-017 is hereby amended to read as
follows:
"Section 1. - Any Person who is arrested for violation of a city ordinance shall be
informed of his rights under the Miranda Doctrine and shall immediately be brought to the
nearest police station for booking purposes and for proper disposition of his case;
"Section 2. - Any minor above fifteen (15) years of age taken into custody with the
presence of a social worker shall be informed of his right under the Miranda Doctrine and shall
immediately brought to the nearest police station (Women's and Children's Protection Desk)
for booking putpOSes. He shall then remitted be to the City Social Welfare Development Office
- Crisis Intervention Unit (CSWDO-CIU) for further proceedings;"
Section 2. - All task forces of the lloilo City Government implementing various ordinances will issue
citation ticket for violation of a specific city ordinance. Violators shall pay corresponding fine to the City
Treasurers Office. Failure to pay within three (3) days from apprehension shall cause the filing of the case in the
proper court.

Rea. Ord. No. 2014-496. Nov. 11. 2014

Page3

Section 3. - Previous ordinance or any part thereof inconsistent with the provision of this ordinance are
hereby repealed and/or amended.
Section 4. - Penalties. - Violation of any provision of this ordinance shall be punished by a fine of not
less than P1,000.00 pesos but not more than P3,000.00 or an imprisonment of not exceeding six (6) months or
both at the discretion of the court or render community service as a third option;
Section 5. - Community Service. - As part of the city's moral and values formation thrust, the offender
shall be encouraged to volunteer for community service equivalent to a minimum of 48 hours but not more than
120 hours, in lieu of imprisonment or payment of fine, with the approval of the proper court. Violators who are
residents of the City shall report to their respective barangay for the community service subject to the
supervision of the Punong Barangay. Such Punong Barangay shall make a report to the court concern.
Violators who are not residents of the City shall report to the Office of Task Force on Moral and Values
Formation except violations of the City Ordinance that already provides for a Community Service.
Community service shall include but not limited to activities like environmental awareness, cleanliness
and beautification, tree planting, adult education, health and sanitation, anti-drug and anti-smoking campaign
and other similar undertakings with no cost on the part of the offender. An offender may opt for community
service only once;
Section 6. - This ordinance shall take effect on the day following the period of its posting at three (3)
conspicuous places in the City Hall for a period of three (3) consecutive weeks.
ENACTED, November 11, 2014.
I hereby certify to the correctness of the above quoted ordinance.

Sec tary to the Sanggunian,wATTESTED AND CERTIFIED

TO BE DULY ENACTED:

City Vice Mayor & Presiding Officer

lnats/PON 14-06-182)

APPROVED: