Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Region XII
Province of Cotabato
CITY OF KIDAPAWAN
OFFICE OF THE SANGGUNIANG PANLUNGSOD
PRESENT:
Hon. Rodolfo Y. Gantuangco - City Vice Mayor/ Presiding Officer
Hon. Francis E. Palmones, Jr. - SP Member
Hon. Judith G. Navarra - SP Member
Hon. Alan S. Amador - SP Member
Hon. Peter D. Salac - SP Member
Hon. Ma. Estela E. Lamata - SP Member
Hon. Ruby P. Sison - SP Member
Hon. Radin O. Igwas - SP Member/IP Representative
Hon. Gasbamel Rey D. Suelan - SP Member/ABC President
ON OFFICIAL BUSINESS:
Hon. Lauro G. Taynan, Jr. - SP Member
Hon. Mario E. Flores - SP Member
ON LEAVE:
Hon. Jivy Roe C. Bombeo - SP Member
CHAPTER I
GENERAL PROVISIONS
Bar/Videoke Bar - shall include any place or establishment whose principal business is
the sale of alcoholic beverages or liquors of any kind to be used and consumed within its
premises. A Videoke bar is deemed included in the definition of bar. A bar that allows
dancing within its premises shall be considered a nightclub, cabaret, or dance hall, as the
case may be, shall be subject to the provisions of the article concerned
Cabaret or dance hall - shall include any place or establishment where dancing is
permitted to the public and where professional hostesses or dancers are employed or
where admission fee or any other charge for dancing is collected
Closed Circuit Television (CCTV) Camera refers to an electronic device that records
the activities and persons coming in and out of establishments and its premises where it is
installed
Deadly Weapons include firearms of whatever kind, knives of whatever kind, swords
of whatever kind, bolos, spears, and other kinds of bladed, Pointed, round or blunt
instrument that can hurt another person including chako, brass knuckles, and other
similar devices
Disaster refers to the result of a natural or man-made event which causes loss of life or
injury and property damage, including but not limited to natural disasters such as
hurricanes, tornados, floods, storms, strong winds and other weather-related events; and
man-made disasters including but not limited to nuclear power plant explosions,
accidents involving hazardous materials, oil spills, explosions and civil disturbances
Enclosed Area - refers to an area which is closed, whether totally or partially, at the sides
and is roofed or make use of the floor above it as a ceiling, or even if open on all sides
but is covered by a roof, permanent or temporary in nature
Enclosed Public Place - refers to a room, building, structure or edifice that is constructed
with a shelter or covered by a roof with panels or concrete wall, which structure is open
to the public
Entertainment Establishment refers to any place that offers entertainment to the
general public that allows ingress and egress of persons to the establishment itself
whether for a fee or for free which includes, but not limited to, movie houses, theaters,
videoke or sing along bars, disco clubs whether enclosed or not
Firecrackers and Pyrotechnic Devices include, but are not limited to those mentioned
in Section 2 of Republic Act 7183
Foster Parent refers to one who has performed the duties of parent of a child as his/her
own
Guardian refers to a person lawfully invested with power, and charged with the duty of
taking care of a child during his/her minority
Guest Relations Officer or GRO - shall include any woman employed who
entertains at any of the establishments herein defined for a fee or remuneration paid
directly or indirectly by the operator or by the persons with whom she entertains
Habitual Offender refers to one who commits violation of any regulatory or penal
provisions of this Code for more than three (3) occasions
Motor Vehicle Registration (MVR) - refers to the official recording of a motor vehicle
by the Land Transportation Office (LTO) subject to the conformance of the vehicle to the
safety and emission standards provided under Section 21 of the Act, including the pre-
evaluation of the documents/requirements pursuant to Section 5 of Republic Act 4136, as
amended, otherwise known as the Land Transportation Code
Operator - shall include the owner, manager, administrator, or any person who
operates and is responsible for the operation of any nightclub, cabaret, dancing school or
dance hall in accordance with the provisions of these regulations
Other Business Establishment refers to any place that deals business with the general
public that allows ingress and egress of persons to the establishment itself that includes,
but not limited to, hotels, motels, lodging houses, restaurants, eateries, coffee shops,
shopping arcades and internet cafes whether enclosed or not
Owner refers to the person in whose name the license certificate for the dog is issued;
provided, however, that if the dog is not yet immunized nor issued a metal tag and license
certificate, the term owner may refer to the possessor or person in custody
Private Place includes privately-owned streets, yards, ricefields, farmlands and lots
owned by an individual other than the owner of the animal
Public Place - refers to gasoline stations, banks, malls, town squares, terminals,
shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums,
funeral parlors, barber shops, and other similar places where people usually congregate
either to while away their time or to listen or attend concerts, rallies, programs such as,
but not limited to, the City Plaza, the Kidapawan City Pilot ES Oval, and the like;
includes national, provincial, municipal or barangay roads, parks, plazas, and such other
places open to the public
Smoking - refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or
any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the
like within the prohibited areas for smoking shall constitute a prima facie evidence as an
act of smoking prohibited under the article concerned
As such, it shall ensure the enforcement of the provisions of this Code and other
pertinent laws, regulations and issuances in furtherance of its mandate to prevent,
suppress and impose appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill
repute, gambling and other prohibited games of chance, fraudulent devices and ways to
obtain money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution and exhibition of obscene or pornographic
materials or publications, and such other activities inimical to the welfare and morals of
the inhabitants of the City [RA 8500, Art. IV, Sec. 10, par. e (1ee)]
In the exercise of the aforesaid mandate, the City shall observe, abide by and
ensure effective compliance with the following laws, policies, and issuances relating to
public safety, such as:
a) General Rule. All words and phrases shall be construed and understood
according to the common and approved usage of the language; but the technical words
and phrases and such other words in this Code which may have acquired a peculiar or
appropriate meaning shall be construed and understood according to such technical,
peculiar or appropriate meaning.
b) Gender and Number. Every word in the Code importing the masculine gender
shall extend to both male and female. Every word importing the singular number shall
apply to several persons or things and every word importing the plural number shall
extend and be applied to one person or thing.
Section 11. Effect of Heading. The Chapter, Article and Section headings do not
in any manner affect the scope, meaning or intent of the provisions contained in this
Code.
Section 12. Relation to Prior Ordinance. The provisions of this Code which are
substantially the same as that of previous or existing ordinances particularly when dealing
with the same subject matter shall be construed as restatement and not as a new
enactment.
CHAPTER II
REGULATION AND ENFORCEMENT
Section 13. Definition. For purposes of definition, the term All Other Business
Establishments shall mean and include Hotels, Restaurants, Bars, Malls, Food Houses,
Eateries, Refreshment Parlors, Beer Houses, Disco Joints/Houses, Fun Houses,
Amusement Centers, Motels, Inns and such other similar establishments selling and
a) All minors below 18 years of age, are prohibited from buying, ordering, serving or
drinking beer, liquor, coconut wine and other intoxicating beverages as well as buying
and smoking cigarettes and other tobacco products from wholesale, retail, grocery, or
convenience stores and all other business establishments in the City;
b) All persons are prohibited from instructing, ordering, sending on an errand or co-
opting minors below 18 years of age, to buy, order or drink beer, liquor, coconut wine
and other intoxicating beverages as well as to buy, order or smoke cigarettes and other
tobacco products from wholesale, retail, grocery or convenience stores and all other
business establishments in the City
c) All wholesale and/or retail stores, grocery or convenience store outlets as well as all
other business establishments in the city, including ambulant vendors and/or peddlers, are
prohibited from selling or serving beer, liquor, coconut wine and other intoxicating
beverages as well as cigarettes and other tobacco products to all minors below 18 years of
age. For this purpose, all wholesale and/or retail store owners, grocery or convenience
store personnel, as well as all other business establishments including ambulant vendors
and/or peddlers, in the city are mandated to determine the age of their would-be buyers
by requiring them, whenever necessary, by reason of their looks and appearance that they
may still be minors, to present their identification cards, such as Drivers License, School
ID, Employee ID, other Government-issued ID or Community Tax Certificate before
selling or serving to them beer, liquor, coconut wine and other intoxicating beverages as
well as cigarettes and other tobacco products;
d) All business establishments selling intoxicating liquor and beverages are hereby
prohibited from selling the same after 1:00 oclock in the morning up to 6:00 oclock in
the morning.
1. The President or General Manager or any person acting for and in behalf of the
General Manager in case the wholesale, retail, grocery or convenience store or business
establishment is a corporation, partnership or cooperative; and
2. The owner or proprietor or any person acting for and in behalf of the owner or
proprietor if the wholesale, retail, grocery or convenience store or business establishment
is a single proprietorship;
Likewise, all public and private tertiary, secondary and elementary schools,
colleges and universities operating in the city are mandated to conduct massive education
and information drive in their respective campuses to inform their students of the
existence of this Code and to place the sign mentioned under this Article hereof on their
respective bulletin boards in full view of their students for their continued guidance and
information. All barangays in the city, through their respective Barangay Councils, are
mandated to conduct massive education and information drive to disseminate to the
people the existence of this Code for their information and guidance.
a) Bar shall include any place or establishment whose principal business is the sale
of alcoholic beverages or liquors of any kind to be used and consumed within its
premises. A Videoke bar is deemed included in the definition of bar. A bar that
allows dancing within its premises shall be considered a nightclub, cabaret,
dancing school or dance hall, as the case may be, shall be subject to the provisions
of this article.
c) Guest Relations Officer or GRO shall include any person employed who
entertains at any of the establishments herein defined for a fee or remuneration
paid directly or indirectly by the operator or by the persons with whom he/she
entertains.
d) Operator shall include the owner, manager, administrator, or any person who
operates and is responsible for the operation of any nightclub, cabaret or dance
hall in accordance with the provisions of these regulations.
a) No person, firm or corporation shall engage in the operation of bars and videoke bars
without first securing a permit from the City Mayor upon the recommendation of the
Chief of the Bureau of Fire Protection, City Health Officer, City Engineer and the Chief
of the Business Licensing Office and paying the corresponding permit fee imposed under
existing tax ordinances.
b) Persons carrying deadly weapons or firearms of any description, except peace officers
in proper police uniform especially detailed therein to keep order and those on special
mission to apprehend criminals and other law violators, shall not be admitted nor allowed
to remain in any bars, cabarets, or dance halls.
c) No bar shall be established within a radius of one hundred (100) lineal meters from the
perimeter fence of any public building, school, public library, church or hospital.
d) No person shall be employed as entertainer, drink or food server in any bar unless
he/she is at least eighteen (18) years of age.
e) No entertainer, drink or food server or any other female or male employee of a bar
shall be allowed to remain in its premises after its closing hours at 1:00 oclock in the
morning.
Section 20. Rules and Regulations. Bars and Videoke bars shall be subject to the
following rules and regulations:
1) The provision as to location shall not apply to bars licensed and operating at the time
of the approval of this Code, nor will the opening of any public building or other
premises from which distance shall be measured prejudice any bar then licensed and
operating; provided, however, that such bar established within one hundred (100) lineal
meters from any school, hospital, public library or church shall be so constructed as
approved by the City Engineer, so that the noise coming therefrom shall not disturb those
2) Bars shall be well-lighted at all times leaving no dark corners and shall be maintained
under good sanitary condition. There shall be no private rooms nor separate
compartments, except those assigned for lavatories, bar counter where liquors are on
display, owner or managers room, dressing room for ladies and kitchen.
3) Bars constructed, operated and located within a radius of one hundred (100) lineal
meters from the perimeter fence of any public building, school, public library, church or
hospital prior to the effectivity of this Code, shall begin its business hours as herein
provided:
4) The following signs shall be placed at the main entrance of the amusement place:
5) The operator, before employing any worker, must require the presentation and
submission of the birth certificate duly authenticated by the National Statistics Office
(NSO), secure the necessary permit and/or health certificate and to produce evidence of
payment of his or her license fee.
6) In no case shall any entertainer or drink or food server be allowed to work in the
aforesaid places of amusement unless he or she shall have provided and submitted the
papers herein required. In cases where no birth certificate is available, a certification from
the Local Civil Registrar where the person is supposed to have been born together with
an affidavit of two (2) disinterested persons attesting to the birth of the person must be
submitted.
Section 21. Complaints. Any person who believes that the bar is established or
located in any place not authorized by this Article or is not operating or conducting
business in accordance with the provisions of the Code, may file a complaint before the
Office of the Head of the Business Permit and Licensing Office who will recommend to
the City Mayor the cancellation of the permit or both the permit and the license after
proper investigation and decision is made on the complaint.
Section 22. Revocation of Permit. The City Mayor shall revoke any permit or
license granted under these regulations upon satisfactory evidence that the use of illegal
drugs and gambling or playing of any prohibited game has taken or is taking place within
the premises of any bar. In case of violation of any of the herein provisions, the permit
for the operation of a bar shall be withdrawn by the City Mayor and the license revoked.
Such revocation of the permit and license shall operate to forfeit to the City all sums paid
therefore.
Section 23. Penalties. Any violation of the provisions of this Article shall be
punished as follows:
a) Bar operators and owners who are found to have violated any provision of this Article
shall pay a fine of Five Thousand Pesos (Php 5,000.00) or by imprisonment of not less
than six (6) months but not more than one (1) year or both, such fine and imprisonment at
the discretion of the court and the revocation of permit for the business establishment;
b) AFP and PNP personnel and other law enforcement agents who are found to have
violated pertinent provision of this Article shall pay a fine of Five Thousand Pesos (Php
5,000.00) or by imprisonment of not less than six (6) months but not more than one (1)
year or both, such fine and imprisonment at the discretion of the court; and
c) Any person found to have violated any provision of this Article shall pay a fine of Five
Thousand Pesos (Php 5,000.00) or by imprisonment of not less than six (6) months but
not more than one (1) year or both such fine and imprisonment at the discretion of the
court.
Section 24. Prohibited Act. All business establishments are prohibited from
selling rugby solvent and other similar volatile substances such as paint thinner, lacquer,
turpentine, and the like to any person below eighteen (18) years of age.
Section 25. Penalty. Violation of the provision of this Article shall be penalized
by cancellation of their business permits or licenses.
Section 26. Declaration of Policy. It is hereby declared the policy of the City
Government of Kidapawan to provide protection to children from all forms of abuse,
neglect, cruelty and other forms of deprivation prejudicial to their growth and
development. Therefore, the best interest and welfare of the children shall be the
paramount consideration in legislations geared towards protecting them from all scourges
of illicit drugs, prostitution, child abuse and exploitation as well as gambling and similar
vices inimical to public morals.
a) When the child or minor is accompanied by a parent or guardian for any lawful or
justified reason;
c) Students on their way home from classes or authorized school activities; for this
purpose, students are required to bring with them their school identification cards and/or
other means of identification;
Section 30. Penalties. Those who are found guilty of violating this Article shall
be fined as follows:
a) First Offense reprimand, and the parent/guardian of such minor shall be informed of
the offense;
b) Second Offense fine of One Hundred Pesos (Php 100.00) or community work of two
(2) hours;
c) Third Offense fine of Two Hundred Pesos (Php 200.00) or community work of four
(4) hours;
d) For Habitual Offenders fine of Five Hundred Pesos (Php 500.00) or community
work of eight (8) hours. Provided however, that the community work imposed in this
Article shall be in one of the offices of the barangay or any other public place within the
barangay which may be designated by the barangay chairman; provided further, that the
offender, with the consent of his/her parent/guardian, is given the option to pay the fine
or perform community work, the option of which must be stated in writing and signed by
both offender and his/her parent or guardian. In the event the offender is a student, the
community work provided for shall be done in a day of his choice but within a period of
one (1) week from the date of the commission of the offense.
Section 31. Responsibility and Enforcement. The duty to enforce this Article
shall primarily devolve upon the parents, guardians, foster parents, landlords, or adult
persons who have custody of the minors. The City Mayor, members of the Philippine
National Police (PNP) assigned in the locality, the Barangay Officials and the Civilian
Volunteer Organizations (CVO) concerned are likewise designated to strictly enforce this
measure.
The apprehending person or authority shall bring the offender to the Barangay
Hall or Police Station/Substation, whichever is nearest; and shall at the earliest possible
time inform the Barangay Chairman or his deputy or person in-charge of the
apprehension, the name and address of the offender and the name of his parent or
guardian. The offender shall however, be allowed to leave the Barangay Office or Police
Section 32. Disposition of Fines. All fines collected for the violation of this
Article shall be shared on a 50%-50% basis by the City Government and the Barangay
Government concerned and shall be transmitted within the reglamentary period to the
City Treasurers Office which shall be placed in a Trust Fund and shall be expended for
the purpose of implementing the programs for street children of both Local
Government Units which shall administer, manage, and disburse said fund for project
and/or activities pursuant to the purposes for which the fund was established.
As such, it is the policy of the City Government of Kidapawan to ensure that all
its officials and employees must at all times exhibit the highest forms of moral
uprightness and integrity in performance of ones duties, including abstaining from all
forms of substance abuse. Therefore, it shall warrant the conduct of compulsory drug-
testing of all its employees at a regular basis. It shall also undertake referral for proper
treatment and rehabilitation of employees with a substance- or drug-dependency problem.
Section 34. Definition of Terms. As used in this Article, the following terms are
defined as follows:
c) Shabu - Also known for its generic name methylamphetamine hydrochloride, is one
of the major stimulants taken by drug abusers. This means that shabu stimulates the
action of the central nervous system and produce psychological and physical dependence.
Section 35. Voluntary Drug Testing. Voluntary drug testing shall be undertaken
by incumbent contractual and regular employees, and persons already hired and working
under contract of service. Such drug testing shall be taken at the full expense of the City
Government as a way of ensuring that those in the government service are physically and
mentally fit, and safe from any drug dependence.
PROVIDED, however, that their refusal to submit to a drug test shall not be
taken against them nor shall it be considered as a ground for their dismissal or
termination. The funding source shall be provided by the City Government upon the
discretion of the City Mayor.
Section 36. Mandatory Drug Testing. Pursuant to Memorandum Circular No. 34,
Series of 1997 of the Civil Service Commission, in accordance with CSC Resolution No.
97-4683, which states that the Civil Service Commission promulgates and adopts a
policy on pre-employment mental, physical-medical examinations to ensure the highest
degree of productivity of its employees.
As such, all persons entering the government service shall be required to undergo
the following tests:
1. Blood Test,
2. Urinalysis
3. Chest X-ray
4. Drug Test
5. Neuro-psychiatric Exam (if necessary)
In addition, hereto, mandatory drug testing shall also be administered for those
seeking renewal of their contracts of services, the required funding for which shall be
provided by the City Government and included in the annual budget of the City Health
Office.
If and when the subject tested positive in the screening test, a confirmatory test
shall be recommended to fully check its validity. Confirmatory testing shall then be
referred to Class A or Class B laboratories duly accredited by the Dangerous Drugs
Board.
Section 40. The Role of Human Resource Management Office (HRMO). The
Human Resource Management Office (HRMO) or its equivalent from the employing
agency/department, shall be the primary body that will monitor the proper procedural
flow in taking voluntary or mandatory drug testing among officials and employees of the
city government. Its head shall oversee the proper implementation of the drug testing
procedure.
a. Prior to the first day of official hiring, all newly-accepted persons under
contracts of services shall be given respective notices by the Head of the
Human Resource Management Office (HRMO) or the head of its
equivalent from the employing agency/department, or his/her designated
officer, requesting them to undergo drug testing. They shall be informed to
report to the HRMO or its equivalent from the employing
agency/department to get their respective request forms stating the
scheduled date, time and venue of the drug testing;
b. On the designated date, time and venue, the subject shall give the
request form to the assigned personnel of the testing center/laboratory duly
accredited by the Dangerous Drugs Board (DDB). The subject shall then
be administered the screening test using urine as a sample;
Section 43. Violation of Confidential Nature of Drug Test Results. In case the
drug test results are revealed other than those provided in the provision of this Article and
those stated in Republic Act No. 9165, otherwise known as the The Comprehensive
Dangerous Drug Law of 2002, the offender shall be penalized with a fine not exceeding
Five Thousand Pesos (P5,000.00) or an imprisonment for a period not exceeding one (1)
year or both at the discretion of the Court;
Section 44. Failure or Refusal to Submit to Drug Testing and the Drug Test
Results; Its Effect: The failure and/or refusal of newly-accepted personnel, newly-
accepted persons under contracts of services, and those seeking renewal of their
contractual appointments or contracts of services, to submit the result of drug tests within
two (2) days from the date of the latest drug test, or their refusal to submit their bodies for
drug testing as a pre-employment requirement, shall be sufficient ground for the
disapproval of their final appointments or contracts of services.
Article F. Anti-Smoking
Section 45. Regulated Acts. It shall be unlawful for any person to smoke or allow
smoking in a public utility vehicle, government-owned vehicle or any other means of
public transport for passengers, accommodation and entertainment establishments, public
buildings, public places as defined in Section 46 (e) of this Article, enclosed public place,
or in any enclosed area outside of ones private residence, private place of work, cars
owned by the government or duly designated smoking areas, within the territorial
jurisdiction of Kidapawan City;
a. Smoking refers to the lighting and/or puffing of any lighted cigarette, cigar, tobacco or
any other kind, form or type. Possession of any lighted cigarette, cigar, tobacco and the
like within the prohibited areas for smoking shall constitute a prima facie evidence as an
act of smoking prohibited under this article;
b. Public Utility Vehicle and/or Conveyance refers to Public Utility Jeepneys (PUJs),
Public Utility Buses (PUBs), taxis, tricycles and other public utility vehicles used in the
transport of passengers;
e. Public Place refers to gasoline stations, banks, malls, town squares, terminals,
shopping/business arcades, schools, churches, hospitals, cinema houses, gymnasiums,
funeral parlors, barber shops, and other similar places where people usually congregate
either to while away their time or to listen or attend concerts, rallies, programs such as,
but not limited to, the City Plaza, the Kidapawan City Pilot Elementary School Oval, and
the like;
g. Enclosed Area refers to an area which is closed, whether totally or partially, at the
sides and is roofed or make use of the floor above it as a ceiling, or even if open on all
sides but is covered by a roof, permanent or temporary in nature;
2. The City Health Office and City Engineers Office are tasked to inspect and certify the
appropriateness of the designated smoking areas provided by accommodation
establishments, whether tourism-accredited or not, taking into consideration the purpose
of the law which is to protect non-smokers from the pernicious effects of tobacco smoke;
A period of sixty (60) days shall be given to the management of the accommodation and
entertainment establishment to comply with the requirements of this article. Non-
compliance with the requirements set forth in this Article shall be a ground for
cancellation of the business permit by the Licensing and Business Permit office.
4. The Philippine National Police (PNP) is tasked with the proper and vigorous
implementation of this Article.
Section 49. Penalties. Violators of the provisions of this Article shall be subject
to a fine of not less than Php 500.00 nor more than Php 2,000.00 or imprisonment of not
less than one (1) month nor more than six (6) months or both, at the discretion of the
Court, except for Paragraphs 2 & 3 hereunder.
(2.) In cases where there is failure to warn or advise would-be violators of this
Article, or failure to report violators as required in Section 48, paragraph 1 (c)
hereof or smoking is allowed, abetted or tolerated in establishments in violation of
this Article, a penalty shall be imposed upon the President or Manager in cases of
corporations, partnerships or associations, or the owner, proprietor or operator in
cases of single proprietorship, whether tourism- accredited or not as follows:
a. First Offense Php 300.00 or one (1) month imprisonment or both at the
discretion of the court
(3.) Three (3) violations of this Article shall be a ground for cancellation of the
establishments business permit.
a. First Offense Php 100.00 or one (1) month imprisonment or both at the
discretion of the court
a. For the first offense, a fine of One Thousand Pesos (Php 1,000.00) and
imprisonment of not less than One (1) month but not more than Three (3)
months shall be imposed;
c. The violator shall have the option of paying a no-contest penalty fine of
Php 5,000.00 to avert the filing of any criminal charge against him/her,
which shall be duly receipted by the City Treasurers Office.
Section 52. Regulated Act. Any business establishment such as, but not limited
to, restaurants, carinderias, sidewalk stalls or establishments preparing food for public
consumption and display, which serve barbecued meat such as pork, beef, chicken, fish
or food requiring the use of barbecue sticks or skewers are hereby required to cut the
sharp end or remove the barbecue sticks or skewers completely before serving to the
customer;
Section 53. Prohibited Act. Any used barbecue stick or skewer shall not be re-
used for skewer food;
Section 55. Regulated Act. No person shall keep or store in his place of business
or elsewhere in this city any flammable or highly combustible material without first
securing a permit thereof from the Mayor through the Chief of the Fire Department and
paying the corresponding permit fee imposed under existing tax ordinances.
1) The chief of the Fire Department or any official designated as such or his duly
authorized representative shall have supervision over the location and manner of storing
2) No permit shall be issued for the storage of gunpowder, dynamite, explosive, blasting
supplies or ingredients thereof, unless there is a prior clearance or authorization issued by
the Chief of Fire Department or his duly authorized representative.
Section 57. Applicability Clause. All other matters relating to Fire inspection and
issuance of permit thereof shall be governed by the pertinent provisions of RA 9514 (Fire
Code of the Philippines) and other existing laws, rules and regulations.
Section 58. Prohibited Acts. The following are prohibited under this Article:
b. Empty containers shall not be used as containers for refills for such
flammable, highly combustible or volatile materials intended for storage,
resale or distribution.
Section 59. Penalty. Violators of the provisions of this Article shall be punished
by a fine of not more than Two Thousand Five Hundred Pesos (Php 2,500.00) or
imprisonment of not more than six (6) months, or both fine and imprisonment at the
discretion of the court.
Section 62. Prohibited Act. All persons behind the steering wheel and having
control of the motorized vehicle, public or private, are prohibited from using cellular
phones, hand-held radios, Personal Digital Assistant (PDA) and other similar electronic
devices while driving;
Section 64. Penalty. Any person who shall violate the provisions of this Article
shall be subjected to a fine of One Thousand Pesos (Php 1,000.00), PROVIDED,
however, that if a violation causes a traffic accident, the driver shall be subjected to an
additional fine not exceeding Five Thousand Pesos (Php 5,000.00);
All penalties are without prejudice to the application of the provisions of other
existing applicable ordinances and laws.
Section 65. Regulated Acts. All drivers and riders of single motorcycles plying
along the city streets and national highways within the territorial jurisdiction of
Kidapawan City are required to wear crash helmets while operating or driving said
motorcycles.
PROVIDED FINALLY, that only one (1) person is allowed as back rider and
shall likewise wear a crash helmet or other protective head gear when riding the
motorcycle.
2. Drivers allowing more than one (1) person apart from the driver to ride
on single motorcycles;
4. Allowing minors below eight (8) years old to ride on single motorcycles
Section 69. Regulated Acts. The rate of speed of any motor vehicle shall not
exceed the following:
Section 71. Penalty. Any person who shall violate the provisions of this Article
shall be subjected to a fine of One Thousand Pesos (Php 1,000.00), PROVIDED,
however, that if a violation causes a traffic accident, the driver shall be subjected to an
additional fine not exceeding Five Thousand Pesos (Php 5,000.00);
All penalties are without prejudice to the application of the provisions of other
existing applicable ordinances and laws.
1. All Large-, Medium-, and Small-Scale Enterprises shall install, operate and
maintain high end and high definition Closed Circuit Television (CCTV)
cameras in all entrance and exit points of their establishments. Micro-Scale
Enterprises whose locations are contiguous and/or adjacent to one another
may opt to agree among themselves to install CCTV cameras in strategic
points within their vicinities;
3. All Large-, Medium-, Small-, and Micro-Scale Enterprises shall hire trained
security personnel who shall subject every individual to a body
search/inspection, including ones purse, bag, pouches and backpack upon
b. Second Offense Php 3,000.00 and suspension of business operation for one
month
c. Third Offense Php 5,000.00 and revocation of Business Permit and closure
of the business establishment
Section 76. Declaration of Policy. It is hereby declared the policy of the City
Government of Kidapawan to:
a) Eliminate contrabands in detention cells, jails and reformatory centers
in Kidapawan City by prohibiting its possession and entry;
b) Strengthen the implementation of security measures in jail facilities in
order to prevent occurrence of illegal drug trade, escape of inmates, and
self-destruction and to others;
c) Protect public health and well-being of the inmates by penalizing any
person who shall sneak-in/smuggle any form of contraband inside
detention cells, jails and reformatory centers situated in Kidapawan
City.
Section 77. Definition of Terms. For purposes of this Article, the following
terms shall mean as defined:
(1) Detention Cells, Jails and Reformatory Centers refers to facilities that
house persons in conflict with laws or have committed infractions
thereof. It is also a place where persons are being temporarily held for
purposes of safekeeping and rehabilitation pending resolution of their
(4) Any personnel or detention cells, jails and reformatory centers who
shall provide the visitor or inmates any of the afore-cited contrabands
shall be held in accordance with the provisions of this ordinance and
shall also be charged administratively and criminally if evidence so
warrants.
(5) Not illegal per se or which are objects of lawful commerce, shall be
sold by auction by the LGU, after thirty (30) days or after the
appropriate case is disposed of, by competent court, proceeds of which
shall be remitted to the City Treasurer.
Section 80. Implementing Rules and Regulations. The City Mayor shall
create a Technical Working Group (TWG) that shall formulate the implementing Rules
Section 82. Definition of Terms. For purposes of this Article, the following terms
are defined as follows:
(b) Other Business Establishment refers to any place that deals business with the
general public that allows ingress and egress of persons to the establishment itself
that includes, but not limited to, hotels, motels, lodging houses, restaurants,
eateries, coffee shops, shopping arcades and internet cafes whether enclosed or
not;
Provided, that if the said person is a member of the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP) or any duly constituted law
enforcement agency, he can be allowed entry into the establishment after proper showing
by legal documentation that he 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.
Provided, finally, that any firearm, ammunition and explosive duly turned over to
the security personnel or security guard of the entertainment and other business
establishment and 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 said premises for purposes of this Article;
Section 84. Persons Liable. The following are liable under this Article:
(a) The owner or operator of the entertainment and other business establishment
who allows any person in possession of any firearm, ammunition or explosive to enter its
entertainment and other business establishment. Provided, that if at the time any person in
possession of any firearm, ammunition or explosive is allowed entry into the
entertainment and other business establishment the said owner or operator is not present
or that the said owner or operator is a juridical person, the President, General Manager,
Manager, Head, Supervisor, or any responsible person who has actual management or
supervision of the said entertainment and other business establishment at that time shall
be liable. Provided, finally, that any firearm, ammunition and explosives duly turned over
to the said security personnel or security guard and 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 said premises for
purposes of this Article;
(b) Any security personnel or security guard assigned in the said entertainment
and other business establishment who actually allows such person to enter the
entertainment and other business establishment shall also be liable. Provided, that any
(c) Any person in possession of any firearm, ammunition or explosive who enters
any entertainment and other business establishment other than the 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.
Provided, that any firearm, ammunition, and explosive duly turned over to the
security personnel or security guard of the entertainment and other business
establishment and 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 said premises for purposes of this Article.
Section 85. Penalties. The persons liable under this Article shall be penalized as
follows:
a. Those covered under Section 80, Paragraph (a) above and found guilty thereof
shall be penalized with a fine of not more than Five Thousand Pesos (Php 5,000.00) or
imprisonment of not more than one (1) year, or both, at the discretion of the court;
b. Those covered under Section 81, Paragraph (b) above and found guilty thereof
shall be penalized with a fine of not more than Three Thousand (Php 3,000.00) Pesos or
imprisonment of not more than six (6) months, or both, at the discretion of the court;
c. Those covered under Section 81, Paragraph (c) above and found guilty thereof
shall be penalized with a fine of not more than Five Thousand (Php 5,000.00 Pesos or
imprisonment of not more than one (1) year, or both, at the discretion of the court;
Provided, that if the offender is a member of the Armed Forces of the Philippines (AFP),
the Philippine National Police (PNP) and other duly constituted law enforcement
agencies and not exempt from liability as provided in this Article, the penalties in its
maximum shall be imposed; Provided, finally, that in case the possession of the offender
of the firearm, ammunition or explosive is not duly permitted pursuant to applicable laws,
he shall likewise be charged for such illegal possession in the proper courts accordingly
under existing laws.
In addition to the penal liabilities provided under Section 82, any violation by the
owner, operator, manager, supervisor or other persons connected with the entertainment
and other business establishments covered by this Code or any of the provisions of this
Code shall subject the entertainment and other business establishments to administrative
liabilities as follows:
Section 87. Regulated Acts. No person shall hold or conduct stage rally,
demonstration, or other assemblies for whatever legal purposes without first obtaining a
permit from the City Mayor and paying the corresponding fee imposed under existing
tax ordinances.
Section 88. Administrative Provisions
1) Any person or group of persons desiring to hold a rally, demonstration of other similar
assemblies shall first obtain a permit from the Mayor before undertaking the activity. For
the purpose, a written application in a prescribed form shall be submitted to the office of
the City Mayor. The application shall set forth the name and address of the applicant,
organizer or sponsor of the activity, description of the activity, the place where the same
will be conducted and such other pertinent information or data as may be required.
2) Action by the Mayor on the application shall be considered as a ministerial duty and
he can only deny the granting of the permit sought if the Chief of Police of the local PNP
or his authorized deputy will certify that the holding of such activity will pose a clear,
or there is in imminent danger to public order and safety, or probable destruction to
public and private properties. This is without prejudice to the right of the applicant or
aggrieved party to seek redress before the proper Court.
3) The police officers assigned to such kind of assemblies shall always observe the
principle of maximum tolerance. Before any dispersal operations are conducted, there
should first be held a dialogue between the law enforcers and the leader or spokesman of
the other side. Should the leader or spokesman of the rallyist or demonstrators refuses to
hold a dialogue and his group continues to act in defiance of law and public order, the
Section 90. Prohibited Acts. It shall be unlawful for any person to deface or
scribble or write on the walls of public or private buildings, and/or fences exposed to
public view.
Section 91. Penalties. Any person found violating this Article, shall upon
conviction be subject to the following fines and penalties:
a. Designation of area where vehicles provided by the city government are stationed to
transport local residents to the identified evacuation centers;
b. Designation of evacuation centers or such places where the evacuated local residents
will be temporarily housed;
CHAPTER III
INSTITUTIONAL MECHANISMS
Article A. Institutional Mechanisms
Section 97. City Peace and Order Council (CPOC). The City Peace and Order
Council shall be at the forefront of overseeing the monitoring and implementation of
programs, operations and measures geared towards improving and enhancing peace and
order and public safety in the City of Kidapawan. It shall closely coordinate with
enforcement agencies such as the City PNP, Fire Station, LTO, TMU, Barangay Peace
and Order Committees (BPOC), and other agencies concerned, in all aspects of
community-based anti-crime activities such as, but not limited to the following:
a. Crime Prevention and Control
b. Counter-Insurgency and Anti-Terrorism
c. Fire Prevention and Suppression
d. Disaster Management and Control
e. Environmental Enhancement
f. Other similar activities
Section 98. Barangay Peace and Order Council (BPOC). The Barangay Peace
and Order Council shall work in close coordination with the CPOC and law enforcement
units operating in the barangays towards implementing peace and order programs,
projects and activities at the barangay level, and tasked with the following functions, to
wit:
a. Initiate, coordinate and monitor the implementation of peace and order
programs and projects at the barangay level;
b. Serve as information gathering system;
c. Monitor and check the nefarious activities of criminal elements;
d. Supervise barangay tanods in identifying barangay constituents with strong
deviant behavior for referral to appropriate authorities;
e. Maintain continuing dialogue, close coordination and rapport with the CPOC,
the CDRRMC and the law enforcement units operating in the barangay;
f. Formulate plans and recommend such measures which will improve or
enhance peace and order and public safety in their area of responsibility;
g. Supervise, coordinate and monitor the operations of all community-based anti-
crime activities undertaken within the barangay;
h. Undertake periodic assessment of the prevailing peace and order situation in
the barangay and submit report with appropriate recommendations to the
higher Peace and Order Council; and,
Section 105. Coordinating Bodies. The following entities shall constitute the
CPSO coordinating bodies which shall ensure consistency of CPSO policies and
programs with their own policies and programs:
2. From the public safety plans of the above units, prepare a consolidated
Kidapawan City Public Safety Plan for consideration and approval by
the Kidapawan City Peace and Order Council.
3. Ensure that resources are made available to implement the Kidapawan
City Public Safety Plan by sourcing funds from local and external
sources.
4. Execute in a most efficient and effective manner the Kidapawan City
Public Safety Plan.
5. Recommend public safety policies for evaluation and adoption by the
peace and order council or the Sangguniang Panlungsod which, if
approved, shall be integrated into the Kidapawan City Public Safety
Plan.
CHAPTER V
TRANSITORY PROVISIONS
Article A. Transfer and Vested Rights and Budgetary Requirements
Section 109. Transfer of Equipment and/or Personnel to the City Public Safety
Office (CPSO). Until such time that the CPSO is duly constituted, the following offices
and/or personnel shall be under the supervision and control of the City Mayor:
a) Civil Security Unit
b) Transport Regulations Unit
c) Traffic Management Unit
c) BPAT
Thereafter, all its existing programs, responsibilities, facilities and appropriations
shall be transferred to the CPSO, and personnel deployed in said units shall automatically
become an integral part of the said office.
Section 110. Vested Rights. Rights and obligations existing on the date of
effectivity of the Code and arising out of contracts shall be governed by the original
terms and conditions of said contract or law in force at the time such rights were vested.
JOEL M. PATAL
LLSO III/Acting Secretary to the Sanggunian
ATTESTED:
RODOLFO Y. GANTUANGCO
Vice Mayor/Presiding Officer
APPROVED:
JOSEPH A. EVANGELISTA
City Mayor
Date: _________________