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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

CHAPTER 9
HEALTH

TITLE I
REGULATION OF SMOKING
IN PUBLIC PLACES AND PUBLIC CONVEYANCES1

Section 1. Policy – Consistent with the provisions of RA 9211, otherwise known as the
“Tobacco Regulatory Act of 2003”, it is the policy of the City Government of San
Carlos, Pangasinan to promote a healthful environment within the city and safeguard its
constituents from the harmful effects of cigarette/tobacco smoke.

Section 2. Purpose – It is the main thrust of this Ordinance to:

a) Promote a healthful environment and right to health;


b) Regulate smoking in public places and public conveyances; and
c) Protect this city’s constituents from the harmful effects of cigarette/tobacco smoke

Section 3. Definition Of Terms - As used in this Ordinance:

a) Minor – refers to any person below eighteen (18) years old;


b) Public Places – refer to enclosed or confined areas of all hospitals,
medical/dental/optical clinics, schools, churches/chapels or other places of
worship, public transportation terminals and offices, and buildings such as private
and public offices, recreational centers, malls, inns, resorts, restaurants, SPAs,
massage clinics, fitness gyms, gas stations and the like;
c) Public Conveyances – refer to modes of transportation servicing the general
population, such as, but not limited to, tricycles, jeepneys, buses, vans and similar
vehicles;
d) Smoking – refers to the act of carrying a lighted cigarette or other tobacco
products, whether or not it is being inhaled or smoked;
e) Council – refers to the San Carlos City, Pangasinan Smoking Regulatory Council

Section 4. Creating The San Carlos City, Pangasinan Smoking Regulatory Council /
Functions - The San Carlos City, Pangasinan Smoking Regulatory Council is hereby
created and tasked with taking the lead role in the regulation of smoking in the City of
San Carlos, Pangasinan.

The Council is likewise tasked to:

1) Recommend policies and formulate guidelines for the regulation of smoking


within the City of San Carlos, Pangasinan;
2) Prepare annual plans for the regulation of smoking within the city;
3) Monitor and evaluate the implementation of and compliance of all concerned with
its rules and regulations;
4) Recommend the imposition of sanction/s or penalties to any person or entity found
violating any of the prohibited acts mentioned herein;

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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

5) Recommend to the Sangguniang Panlungsod of this city the enactment of


ordinances or passage of resolutions that shall assist in the regulation of smoking
within the city.
6) Performs such other tasks and functions related to the overall objectives of
regulating smoking in this city.

Section 5. Composition Of The San Carlos City, Pangasinan Smoking Regulatory


Council - The Council shall be composed of the following:

1) Chairman, Committee on Environmental Protection and Ecology, Sangguniang


Panlungsod
2) Chairman, Committee on Health, Sanitation and Social Welfare, Sangguniang
Panlungsod
3) City Administrator
4) City Health Officer
5) City Legal Officer
6) City Treasurer
7) Head, DSWD San Carlos City, Pangasinan
8) Head, General Services Office (GSO)
9) Chief, Public Order and Safety Office (POSO)
10) Chief, Philippine National Police (PNP), San Carlos City, Pangasinan

Section 6. IMPLEMENTING AUTHORITY – The Office of the City Administrator,


City Health Office and Public Order and Safety Office (POSO) with the assistance of
the Philippine National Police (PNP), San Carlos City, Pangasinan, shall implement
the provisions of this Ordinance.

The Office of the City Administrator, in coordination with the POSO, shall monitor and
make a monthly report to the Office of the City Mayor as to the implementation and
compliance of all concerned with the provisions of this Ordinance.

Section 7. Implementing Rules And Regulations – The San Carlos City, Pangasinan
Smoking Regulatory Council shall promulgate such rules and regulations necessary for
the effective implementation of this Ordinance within one (1) month from the date of
effectivity of this Ordinance.

The said rules and regulations shall be submitted to the Office of the City Mayor (CMO)
for its review.

The Office of the City Mayor shall review these rules and regulations within thirty (30)
working days from receipt thereof and shall take the appropriate action. If approved,
these rules and regulations shall be implemented accordingly. However, if the same will
be disapproved, they shall be returned to the Council and the latter shall amend or revise
them. Thereafter, these amended or revised rules and regulations shall be submitted to the
Office of the City Mayor for appropriate action.

Section 8. Smoking Ban In Public Places And Public Conveyances Smoking shall be
ABSOLUTELY PROHIBITED in the following public places and public conveyances:

a) Schools (public or private);


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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

b) Hospitals (public or private), clinics (medical, dental or optical), nursing homes,


dispensaries and laboratories;
c) Churches and chapels or any other places of worship
d) Restaurants
e) Internet/computer shops and other recreational centers;
f) SPA, massage clinics and fitness gyms;
g) Locations in which fire hazards are present, including gas stations and storage
areas for flammable liquids, gas, explosives or combustible materials;
h) Tricycles/jeepneys/vans/buses terminals

Section 9. Designated Smoking And Non-Smoking Areas – In all enclosed places that
are open to the general public, private workplaces and other places not covered under the
preceding section, where smoking may expose a person other than the smoker to
cigarette/tobacco smoke, the owner, proprietor, operator, possessor, manager or
administrator of such places shall establish smoking and non-smoking areas.

SMOKING AREAS within the building, which may be in an open space or separate area
with proper ventilation, shall not be located within the same room that has been
designated as a non-smoking area. All designated smoking areas shall have at least one
(1) legible and visible sign posted, namely “SMOKING AREA” for the information and
guidance of all concerned.

NON-SMOKING AREAS shall likewise have at least one (1) legible and visible sign,
namely: “NON-SMOKING AREA” or “NO SMOKING AREA.”

FAILURE to designate the smoking and non-smoking areas and to post applicable
signages (SMOKING AREA or “NO SMOKING/NON-SMOKING AREA”) shall be
penalized under this Ordinance.

Section 10. Prohibition On Minors – It shall be UNLAWFUL for a MINOR to:

1) smoke cigarette or any other tobacco products;


2) sell or distribute cigarettes or any other tobacco products

Section 11. Selling / Distributing To Or Purchasing For Minors Cigarette/Tobacco


Products; Posting Of Applicable Signage – It shall be UNLAWFUL for any person or
business entity to:

1) sell or distribute tobacco products to any minor;


2) purchase cigarettes or tobacco products for a minor

It shall not be a defense for the person selling or distributing that he/she did not know or
was not aware of the real age of the minor. Neither shall it be a defense that he/she did
not know nor had any reason to believe that the cigarette or any other tobacco product
was for the consumption of the minor to whom it was sold.

Establishments offering, distributing or selling cigarette/tobacco products to consumers,


shall post the following statement in a clear and conspicuous manner:
“SALE/DISTRIBUTION TO OR PURCHASE FOR MINORS OF CIGARETTE IS
UNLAWFUL”.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

In case of doubt as to the age of the buyer, retailers shall verify, by means of any valid
form of photographic identification containing the date of birth of the bearer, that no
individual purchasing a tobacco product is below eighteen (18) years of age.

FAILURE TO POST the applicable signage (“SALE/DISTRIBUTION TO OR


PURCHASE FOR MINORS OF CIGARETTE IS UNLAWFUL”) shall be punished
in accordance with this Ordinance.

Section 12. Sale Of Cigarette / Tobacco Products Within School/ Playground


Perimeters – The sale or distribution of cigarette/tobacco products is PROHIBITED
WITHIN ONE HUNDRED (100) METERS from any point of the perimeter of a
school (public or private), playgrounds (public or private) or other facility frequented
particularly by minors.

Section 13. Penalties – All cases of violation of any of the provisions of this Ordinance
shall be filed with the appropriate court in the city.

Any person or business entity violating any of the provisions of this Ordinance shall,
upon conviction by a competent court, be meted with the following penalties:

a) Violation of Section 8
(SMOKING BAN IN PUBLIC PLACES AND PUBLIC CONVEYANCES)

1) If offender is a BUSINESS ESTABLISHMENT

FIRST OFFENSE - a fine of not less than Five Hundred Pesos (P 500.00) but
not more than One Thousand Pesos (P 1,000.00) shall be imposed.

SECOND OFFENSE - a fine of not less than Two Thousand Pesos


(P 2,000.00) but not more than Three Thousand Pesos (P 3,000.00) shall be
imposed.

THIRD OFFENSE - in addition to a fine of not less than Four Thousand Pesos
imprisonment of not more than thirty (30) days, or both, at the discretion of the
court, the business permits and licenses to operate shall be cancelled or
revoked.

If the violation is by a business entity, the owner, president, manager, or the most
senior officer thereof shall be held liable for the offense.

2) For INDIVIDUAL OFFENDER

FIRST OFFENSE - a fine of One Hundred Pesos (P100.00) shall be imposed

SECOND OFFENSE - a fine of Two Hundred Pesos (P200.00) shall be


imposed

THIRD OFFENSE – a fine of Five Hundred Pesos (P500.00) shall be imposed.


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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

3) If offender is a MINOR

The minor offender shall be subjected to a counselling to be conducted by the


City Social Welfare and Development Officer (CSWDO), together with the
minor’s parent/s, guardian/s or anyone who has custody over him/her.

b) Violation of Section 9
(FAILURE TO DESIGNATE SMOKING AND NON-SMOKING AREAS;
TO POST APPLICABLE SIGNAGES)

1) FIRST OFFENSE - a fine of not less than Five Hundred Pesos (P 500.00) but
not more than One Thousand Pesos (P 1,000.00) shall be imposed.

2) SECOND OFFENSE - a fine of not less than Two Thousand Pesos


(P 2,000.00) but not more than Three Thousand Pesos (P 3,000.00) shall be
imposed.

3) THIRD OFFENSE - in addition to a fine of not less than Four Thousand Pesos
(P 4,000.00) but not more than Five Thousand Pesos (P 5,000.00) or an
imprisonment of not more than thirty (30) days, or both, at the discretion of the
court, the business permits and licenses to operate shall be cancelled or
revoked.

If the violation is by a business entity, the owner, president, manager, or the most
senior officer thereof shall be held liable for the offense.

c) Violation of Section 10
PROHIBITION ON MINORS: TO SMOKE; TO SELL/BUY/DISTRIBUTE
CIGARETTE AND OTHER TOBACCO PRODUCTS

The minor offender shall be subjected to a counselling to be conducted by the City


Social Welfare and Development Officer (CSWDO), together with the minor’s
parent/s, guardian/s or anyone who has custody over him/her.

d) Violation of Section 11
(SELLING, DISTRIBUTING TO OR PURCHASING FOR MINORS
CIGARETTE/TOBACCO PRODUCTS; FAILURE TO POST
APPLICABLE SIGNAGE)

1) If offender is a BUSINESS ESTABLISHMENT

FIRST OFFENSE - a fine of not less than Five Hundred Pesos (P 500.00) but
not more than One Thousand Pesos (P 1,000.00) shall be imposed.

SECOND OFFENSE - a fine of not less than Two Thousand Pesos


(P 2,000.00) but not more than Three Thousand Pesos (P 3,000.00) shall be
imposed.

THIRD OFFENSE - in addition to a fine of not less than Four Thousand Pesos
imprisonment of not more than thirty (30) days, or both, at the discretion of the
court, the business permits and licenses to operate shall be cancelled or
revoked.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

If the violation is by a business entity, the owner, president, manager, or the most
senior officer thereof shall be held liable for the offense.

2) For INDIVIDUAL OFFENDER

FIRST OFFENSE - a fine of One Hundred Pesos (P100.00) shall be imposed

SECOND OFFENSE - a fine of Two Hundred Pesos (P200.00) shall be


imposed

THIRD OFFENSE – a fine of Five Hundred Pesos (P500.00) shall be imposed.

e) Violation of Section 12
SALE OF CIGARETTE / TOBACCO PRODUCTS WITHIN SCHOOL/
PLAYGROUND PERIMETERS

1) If offender is a BUSINESS ESTABLISHMENT

FIRST OFFENSE - a fine of not less than Five Hundred Pesos (P 500.00) but
not more than One Thousand Pesos (P 1,000.00) shall be imposed.

SECOND OFFENSE - a fine of not less than Two Thousand Pesos


(P 2,000.00) but not more than Three Thousand Pesos (P 3,000.00) shall be
imposed.

THIRD OFFENSE - in addition to a fine of not less than Four Thousand Pesos
imprisonment of not more than thirty (30) days, or both, at the discretion of the
court, the business permits and licenses to operate shall be cancelled or
revoked.

If the violation is by a business entity, the owner, president, manager, or the most
senior officer thereof shall be held liable for the offense.

2) For INDIVIDUAL OFFENDER

FIRST OFFENSE - a fine of One Hundred Pesos (P100.00) shall be imposed

SECOND OFFENSE - a fine of Two Hundred Pesos (P200.00) shall be


imposed

THIRD OFFENSE – a fine of Five Hundred Pesos (P500.00) shall be imposed.

3) If offender is a MINOR

The minor offender shall be subjected to a counselling to be conducted by the


City Social Welfare and Development Officer (CSWDO), together with the
minor’s parent/s, guardian/s or anyone who has custody over him/her.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

However, the offender MAY OPT to pay VOLUNTARILY the amount of penalty
corresponding to his/her violation in order to avoid prosecution in court. He/she may
pay the applicable amount to the Office of the City Treasurer and a corresponding
receipt shall be issued evidencing his/her payment.

Section 14. Appropriations - The amount necessary to implement the provisions of this
Ordinance shall be charged against the current year’s appropriations of the Office of the
City Mayor. Thereafter, such funds as may be necessary for the continued
implementation of this Ordinance shall be included in the succeeding Annual Budget of
the City Administrator’s Office.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

TITLE II
CREATION OF THE SAN CARLOS CITY (PANGASINAN)
MULTI-SECTORAL HIV/AIDS/STI COUNCIL FOR THE
PREVENTION AND CONTROL OF HIV, AIDS AND
OTHER SEXUALLY TRANSMITTED INFECTIONS (STIs)2

Section 1. Title – This Ordinance shall be known as the “CREATION OF THE SAN
CARLOS CITY (PANGASINAN) MULTI-SECTORAL HIV/AIDS/STI COUNCIL FOR
THE PREVENTION AND CONTROL OF HIV, AIDS AND OTHER SEXUALLY
TRANSMITTED INFECTIONS (STIs)”.

Section 2. Definition of Terms – As used in this Ordinance, the following terms are defined as
follows:

a) Human Immunodeficiency Virus (HIV) – refers to the virus which causes AIDS.
b) Acquired Immune Deficiency Syndrome (AIDS) – refers to a condition characterized
by a combination of signs and symptoms caused by Human Immunodeficiency Virus
(HIV) contracted from another person and which attacks and weakens the body’s immune
system, making afflicted individual susceptible to other life-threatening infections.
c) Sexually Transmitted Infections (STIs) – refer to a group of infections that is
transmitted by bisexual or non-sexual means.
d) HIV/AIDS Prevention And Control – refer to programs, strategies and measures aimed
at protecting non-infected persons from contracting HIV and minimizing the impact of
the condition on people living with HIV/AIDS.
e) Behavioral Surveillance – refers to a systematic and regular collection of information on
risk behavioral and co-factors of the transmission of HIV infection among selected
population groups.
f) Serological Surveillance – refers to a systematic and regular collection of blood samples
to identify the distribution and trends of HIV infection among selected groups.
g) Passive Surveillance – refers to the HIV registry in which health authorities receive
reports from physicians, clinics and laboratories of HIV/AIDS confirmed cases.
h) Active Surveillance – refers to sentinel serological surveillance which is the systematic
and regular collection of blood samples to identify the distribution and trends of HIV
infection among selected groups.
i) Reproductive Health – refers to the status of complete physical, mental and social well-
being and not merely the absence of disease and infirmity in all matters relating to the
reproductive health system and its functions.
j) Prophylactic – refers to any agent or device used to prevent the transmission of a
disease.
k) Entertainment Establishments – refer to business establishments that include, but not
limited to, bars, nightclubs, disco houses, beerhouses, cocktail lounges, massage clinics,
sauna, videoke/karaoke bars, sing-along pub house and other establishments engaged in
similar nature wherein the services of hired entertainers are employed and patrons or
customers are entertained.
l) Guest Relation Officer (GRO) – refers to a person who makes guests feel welcome and
keep them happy or one who maintains the positive image of the establishment.
m) Council – refers to the HIV/AIDS/STI Council.

Section 3. Creation of HIV/AIDS/STI Council – The San Carlos City (Pangasinan) Multi-
Sectoral HIV/AIDS/STI Council is hereby created and tasked with taking the lead role in the
prevention and control of HIV/AIDS/STI in the City of San Carlos, Pangasinan.

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Ordinance No. 06-14
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

Section 4. Composition of HIV/AIDS/STI Council – The Council shall be composed of the


following:

a) City Mayor
b) Members, Sangguniang Panlungsod
c) City Health Officer
d) Head, Women’s Reproductive Health Unit (WRHU)/City Population Officer
e) City Administrator
f) City Planning and Development Officer
g) City Budget Officer
h) City Accountant
i) City Treasurer
j) City Information Officer
k) City Social Welfare and Development Officer
l) City Schools Division Superintendent
m) Chief of Police, PNP, San Carlos City, Pangasinan
n) In-Charge, Women’s Desk
o) Representative from Association of Private Schools, Colleges and Universities
p) Chief, Laboratory Department, Pangasinan Provincial Hospital (PPH)
q) President, Accredited Organization of Entertainment Bar Owners/Operators
r) President, Accredited Organization of GROs
s) Representatives (2), NGO involved in HIV/AIDS/STI prevention advocacy
t) Head, Public Order and Safety Office (POSO)

Section 5. Appointing Authority; Appointment of Representatives under


sub-paragraphs (q), (r) and (s) as Members of the Council; Term of Office of Appointed
Representatives – Only the CITY MAYOR is empowered and authorized, based upon
recommendation of the permanent members from the government sector, to determine the non-
government organization that shall compose the membership enumerated in sub-paragraphs (q),
(r) and (s) of the immediately preceding section. For this purpose, the City Mayor shall be guided
by the following criteria:

a) For sub-paragraph (q), the lone representative shall be appointed upon recommendation
of duly organized and accredited organization, association, union or similar grouping
from entertainment bar/massage/sauna owners and operators;

b) For sub-paragraph (r), the lone representative shall be appointed upon recommendation of
duly organized and accredited organization of GROs;

c) For sub-paragraph (s), the two (2) members from NGO shall be appointed upon
recommendation from among the non-government organization involved in
HIV/AIDS/STI prevention advocacy for at least five (5) years immediately preceding the
effectivity of this Ordinance.

The term of office of the representatives mentioned under sub-paragraphs (q), (r) and (s) shall be
coterminous with the term of office of the appointing authority provided that they shall maintain
the purpose for which they were chosen.

Section 6. Functions of HIV/AIDS/STI Council – The HIV/AIDS/STI Council shall be vested


with the following functions:

a) Formulate rules and regulations for the proper implementation of the provisions of this
Ordinance.
b) Prepare annual plans for the prevention and control of HIV/AIDS/STI.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

c) Monitor and evaluate the implementation of its programs, plans, campaigns and
strategies.
d) Organize and encourage owners/operators/managers of registered entertainment
establishments, sauna and massage parlors to actively participate in the prevention and
control of HIV/AIDS/STI.
e) Identify and recommend priorities and gaps in local HIV/AIDS/STI related cases.
f) Conduct periodic public information, education and communication activities in the
promotion of prophylactic, reproductive health, prevention and control of HIV/AIDS/STI
in different communities and barangays.
g) Conduct regular seminars in all education institutions from primary to tertiary levels and
to distribute, disseminate, circulate, publish or broadcast modules, pamphlets, brochures
or other forms of information, be it written, verbal, audio or video.
h) Conduct regular seminars/fora/dialogues in all government institutions and agencies and
its subdivisions, whether national or local, including government-owned or controlled
corporations, found within the territorial jurisdiction of the City of San Carlos,
Pangasinan, as well as, private establishments and to distribute, disseminate, circulate,
publish or broadcast modules, pamphlets, booklets, brochures or other forms of
information, written, verbal, audio or video.
i) Conduct yearly HIV/AIDS/STI Serological and Behavioral Surveillance, in coordination
with the Social Hygiene Clinic or Women’s Reproductive Health Unit (WRHU) and the
Department of Health (DOH), among the people with high-risk sexual behavioural or
those who by the nature of their work are prone to contracting HIV/AIDS/STI.
j) Initiate skills training, advocacy program and develop strategies to benefit people with
high risk of contracting HIV/AIDS/STI.
k) Recommend the closure of or imposition of sanction or penalties to any establishment
found violating the prohibited acts mentioned under this Ordinance.
l) Recommend to the Sangguniang Panlungsod of this city enactment of ordinances that
shall assist in the control and prevention of HIV/AIDS/STI.
m) Assist the WRHU in the campaign for the prevention of HIV/AIDS/STI and other related
diseases by making available in all concerned establishments the following:
1) Condoms – It shall be required that all entertainment establishments make condoms
available within their establishments and provide guidance on correct usage of the
same.
2) Information Materials – It shall be required of all entertainment and tourism-oriented
establishments to make available within their respective establishments information
materials on HIV/AIDS/STI prevention and control and provide such information
materials when requested by customers. Posters and other information materials shall
be made visible. Posters and other information materials pertaining to
HIV/AIDS/STI prevention and control shall be posted in comfort rooms and dressing
rooms.
n) Assist in the sourcing of fund and recommend allocation of resources.
o) Monitor, in coordination with the WRHU - CHO, HIV/AIDS/STI cases.
p) Identify HIV/AIDS/STI cases through passive and active surveillances.
q) Act as primary agency that shall represent the City of San Carlos, Pangasinan in all
organizations, leagues, chambers or groupings, whether national, local or international,
relative to HIV/AIDS/STI cases.
r) Monitor and inspect videoke bars located within the territorial jurisdiction of this city,
their facilities and practices and ensure that they comply with the following existing
minimum standards, to wit:
1) Videoke bars and their premises shall be kept clean at all times;
2) Patrons shall be provided with adequate potable water and clean toilet facilities;
3) There shall be no private rooms or separate compartments for public use except those
used for lavatories, dressing rooms, bars and kitchen;
4) Door of function rooms shall be that of a “swing-type” without lock;
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THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

5) Furniture and equipment in the rooms must be kept clean and disinfected regularly
and must be maintained in good condition;
6) Owner/operator/manager shall ensure that all Guest Relation Officers (GROs)
provide all the requirements needed and comply with the guidelines to be followed
for securing Health Certificate (PINK CARD);
7) First aid kits must be made available to all customers/patrons if needed;
8) Owner/operator/manager must report to the City Health Office accidents and diseases
among employees and customers;
9) Owner/operator/manager must prevent overcrowding in his/her establishment;
s) Perform all other tasks or functions related to the overall objectives of preventing and
controlling HIV/AIDS/STI in the City of San Carlos, Pangasinan.

Section 7. Implementing Rules And Regulations – Within two (2) months from effectivity of
this Ordinance, the San Carlos City, Pangasinan HIV/AIDS/STI Council shall formulate and
issue the necessary rules and regulations for the effective implementation of this Ordinance.

The said rules and regulations shall be submitted to the Office of the City Mayor (CMO) for its
review.

The Office of the City Mayor shall review these rules and regulations within thirty (30) working
days from receipt thereof and shall take the appropriate action. If approved, these rules and
regulations shall be implemented accordingly. However, if the same will be disapproved, they
shall be returned to the Council and the latter shall amend or revise them. Thereafter, these
amended or revised rules and regulations shall be submitted to the Office of the City Mayor for
appropriate action.

Section 8. Requirements For The Issuance Of Health Certificate (Pink Card) For Guest
Relation Officers (GROs) / Guidelines

a) REQUIREMENTS FOR THE ISSUANCE OF HEALTH CERTIFICATE (PINK


CARD)

The following shall be required of every Guest Relation Officer (GRO) for the issuance
of Health Certificate (PINK CARD)
a) Birth Certificate (NSO)
b) Police Clearance
c) Cedula
d) 2 Pictures (2 x 2)
e) Laboratory Examinations such as:
1) Urinalysis
2) Stool exam
3) Culture and sensitivity – every six (6) months
4) Gram staining – every week
5) Hepatitis B antigen – annually
6) Drug Test – annually
7) RPR – annually
8) Papanicolaou Smear – annually
9) HIV - voluntary
f) Medical Certificate
g) Certificate of Attendance of Lecture in the Prevention and Control of
HIV/AIDS/STI to be conducted by the WRHU (every three (3) months)
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b) GUIDELINES TO BE FOLLOWED

1) All requirements listed above must be complied with.


2) GROs whose laboratory results showed abnormal findings must be treated first.
All prescribed medicines must be completely taken.
3) After treatment, GROs must undergo a follow-up check and laboratory
examinations. At least two (2) normal findings are required after treatment
4) Other laboratory examinations will be required, if necessary.
5) Results of the gram staining shall be secured every Monday of the week. Failure
to do so, without valid reason, shall result to revocation of PINK CARD.
6) The Health Certificate (PINK CARD) shall be issued by the Office of the WRHU.
7) PINK CARD is renewable EVERY WEEK. The PINK CARD shall be issued to
the GRO provided that she passes the gram staining and other required laboratory
examinations.
8) Health Certificate (PINK CARD) and button pins are NON-TRANSFERABLE
and should be brought when securing Gram Staining result. In case of abnormal
Gram Staining result, the Health Certificate (PINK CARD) shall not be renewed
and button pins shall NOT be returned to the concerned GRO.
9) In the event that the GRO will not submit herself for weekly Gram Staining for
two (2) consecutive weeks, without valid reason, the Health Certificate (PINK
CARD) and the button pin will be revoked.
10) Health Certificate (PINK CARD) and Button pin shall be issued to the GROs with
their names appearing on the pin. Button pin shall be pinned on the upper portion
of the garment of the GRO during working hours.
11) Button pin is free of charge. However, in case of lost button pin, a corresponding
fee of ONE HUNDRED PESOS (P100.00) shall be charged for the replacement.
The replacement fee shall be paid to the Office of the City Treasurer. The latter
shall issue the corresponding Official Receipt.
12) In case the GRO will leave the concerned establishment, it is the responsibility of
the owner/manager of the establishment to SURRENDER the Health Certificate
(PINK CARD) and the button pin of the GRO to the Office of the WRHU.
13) GROs, managers and owners of videoke/karaoke bars, night clubs and other
similar establishments should strictly observe the “NO HEALTH
CERTIFICATE (PINK CARD) / BUTTON PIN, NO WORK” policy.
14) In cases wherein the GRO has menstruation during the examination, payment will
be applied on the next scheduled day. Failure to come on said day will result to
forfeiture of payment.
15) In the event of saturation drive, GROs who failed to subject themselves for
Gram’s Staining will immediately pay Gram’s Staining fee to the City
Treasurer’s Office and Grams Staining will be done on the following day.

Section 9. Prohibited Acts – Consistent with the provisions of RA 8504, otherwise known as
“The Philippine AIDS Prevention and Control Act of 1998” and other existing national laws,
rules and regulations, it shall be UNLAWFUL for any person or business entity to:

a) Employ as GROs persons who are below eighteen years old (minors).
b) Discriminate in any form from pre-employment to post-employment, including hiring,
promotion or assignment, based on actual, perceived or suspected HIV status of an
individual.
c) Terminate an employee from work on the sole basis of actual, perceived or suspected
HIV status.
d) Refuse admission or expel, discipline, segregate, deny participation, benefits or services
to a student or a prospective student on the basis of his/her actual, perceived or suspected
HIV status.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

e) Exclude any person from Credit and Insurance Services, including health, accident and
life insurance on the basis of his/her actual, perceived, or suspected HIV status. Provided,
that the person with HIV has not concealed or misrepresented the fact to the insurance
company upon application. Extension and continuation of credit and loan shall likewise
not be denied solely on the basis of said health condition.
f) Deny a person health care service or be charged with a higher fee on account of actual,
perceived or suspected HIV status.
g) Deny any deceased person who had AIDS or who was known, suspected or perceived to
be HIV positive any kind of decent burial services.
h) Deny a person with HIV the freedom of abode, lodging and travel.
i) Quarantine, put in isolation, or refused lawful entry on account of a person’s actual,
perceived or suspected HIV status.
j) Refuse a person who has AIDS or who was known, suspected or perceived to be HIV
positive to join or form any lawful association/group/organization.
k) Deny a person who has AIDS or who was known, suspected or perceived to be HIV
positive the right to seek an elective or appointive public office

Section 10. Penalties – All cases of violation of the provisions of this Ordinance shall be filed
with the appropriate court in the city.

Any person or business entity found violating the provisions of this Ordinance shall, upon
conviction by a competent court, be meted with the following penalty:

a) For Violation of SECTION 8 (a and b)

FIRST OFFENSE
GRO - Five Hundred Pesos (P500.00)
Owner/Operator/Manager of Establishment - One Thousand Pesos (P1,000.00)

SECOND OFFENSE
GRO - One Thousand Pesos (P1,000.00)
Owner/Operator/Manager of Establishment - Two Thousand Pesos (P2,000.00)

THIRD OFFENSE
GRO - Three Thousand Pesos (P3,000.00)
Owner/Operator/Manager of Establishment - Five Thousand Pesos (P5,000.00)

In addition, the Health Certificate (PINK CARD) and button pin issued to the GRO and
the license or permit to operate issued to the owner/operator shall be REVOKED.

If the violation is by an establishment or business entity, the owner, president, manager, or the
most senior officer thereof shall be held liable for the offense.

b) For Violation of SECTION 9

A penalty of not less than Three Thousand Pesos (P3,000.00) but not more than Five
Thousand Pesos (P5,000.00) or an imprisonment of not less than six (6) months but not
more than one (1) year, or both, at the discretion of the court, shall be imposed. In
addition to the aforementioned penalty, the business permits and licenses to operate shall
be cancelled or revoked.

If the violation is by an establishment or business entity, the owner, president, manager, or the
most senior officer thereof shall be held liable for the offense.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

However, the offender MAY OPT to pay VOLUNTARILY the amount of penalty
corresponding to his/her violation in order to avoid prosecution in court. He/she may pay the
applicable amount to the Office of the City Treasurer and a corresponding receipt shall be
issued evidencing his/her payment.

Section 11. Appropriations – The amount of FOUR HUNDRED THOUSAND PESOS (P


400,000.00) shall be INITIALLY appropriated from the lump sum appropriation under
RA No. 8504 (Monitoring of the Magnitude of AIDS) which is included in the Annual Budget of
this city for the CY 2014.

Subsequent appropriations shall be provided by the Sangguniang Panlungsod in the Annual


Budget under RA No. 8504 (Monitoring of the Magnitude of AIDS).

Section 12. Consolidation Of AIDS Council – Upon effectivity of this Ordinance, the San
Carlos City AIDS/HIV Council created by virtue of Executive Order No. 007-13, Series of 2013,
is hereby CONSOLIDATED with the San Carlos City, Pangasinan Multi-Sectoral
HIV/AIDS/STI Council created by virtue of this Ordinance.

For this purpose, all policies and programs being implemented, as well as, functions and
responsibilities being performed by the San Carlos City AIDS/HIV Council shall be
implemented and performed by the San Carlos City, Pangasinan Multi-Sectoral HIV/AIDS/STI
Council upon effectivity of this Ordinance.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

TITLE III
STIMULATION AND THERAPEUTIC ACTIVITY CENTER (STAC) FOR
DISABLED PERSONS OR PERSONS WITH DISABILITIES IN THE CITY
OF SAN CARLOS (PANGASINAN)3

Section 1. Creation – There shall be created a Stimulation and Therapeutic Activity Center
(STAC) for children with disabilities in the City of San Carlos which shall be in accordance
with the City Social Welfare and Development Office, the Provincial Government of Pangasinan
thru the Pangasinan Provincial Hospital.

Section 2. Objectives – The STAC shall provide free and comprehensive rehabilitation services
to poor children with disabilities; make available free indoor and outdoor stimulation and
therapeutic training through play and social activities for the physical, social and psychological
development of children with disabilities (CWDs), prepare them for education and their
integration into mainstream society, and develop their capacities to become productive
membersof their respective communities.

Section 3. Functions -

a) Rehabilitation which shall include physiatrist test for preliminary pediatric evaluation to
determine the proper management and treatment for each child beneficiary, physical
therapy for at least two(2) hours three(3) times a week and occupational therapy with
special education sessions;
b) Supplement feeding;
c) Monthly socialization activity such as monthly get-together; and
d) Referral to other related services such as provision of assistive devices (wheelchairs,
crutches, medicines and hearing aids) to beneficiaries per physiatrist’s recommendation.

Section 4. Authority – The City Mayor is hereby authorized to enter into a Memorandum of
Agreement for the furtherance of the STAC with the Breaking Barriers for Children (BBC)
which volunteered to sponsor the first and a half (1 ½ ) year of operation of the STAC and the
Provincial Government of Pangasinan as co-sponsor.

Section 5. Appropriation – The amount of One Hundred Seventy One Thousand Nine Hundred
(Php171,900.00) Pesos is hereby appropriated and shall come from the amount of Two Hundred
Fifty Thousand (Php250,000.00) Pesos given by Her Excellency, President Gloria Macapagal
Arroyo to the City Government on 16 November 2002, as part of the President’s Social Fund
(PSF), to cover the Stimulation and Therapeutic Activity Center’s (STAC’s) initialoperations.

3
Ordinance No. 12-04
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN

TITLE IV
CHANGING THE NAME OF LYING-IN AND OBSERVATION CLINIC
OF THE CITY HEALTH OFFICE, THIS CITY, TO THAT OF
“JULIAN V. RESUELLO MEMORIAL CLINIC”4

Section 1. The present name of Lying-In and Observation Clinic at the City Health Office, this
city, is hereby named to that of “JULIAN V. RESUELLO MEMORIAL CLINIC”.

Section 2. Copies of this Ordinance which is hereby newly-named the present Lying-In and
Observation Clinic shall be furnished all agencies, national and local, for their information and
guidance.

4
Ordinance No. 32-07

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