ORDINANCE NO: 2017-378 (Author: Honorable Ernesto A. Mondarte) "AN ORDINANCE IMPLEMENTING A CURFEW WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF PAGADIAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF" Be it ordained by the Sangguniang Panlungsod (12th City Council) of Pagadian City in session assembled that: SECTION 1. Title. - This Ordinance shall be known as "Curfew Ordinance of Pagadian City." SECTION 2. Scope of Application. - This Ordinance shall be applicable to all persons, both resident of the City of Pagadian or transient, and irrespective of age, gender, race, culture, belief and religion. SECTION 3. Definition of Terms. - For purposes of this Ordinance, the following words or terms shall mean as indicated below: Curfew - means the period of time within which any person(s), irrespective of age, is prohibited from roaming outside one's domicile and/or outside the premises of business establishments; Person - means any person, regardless of age, race, culture, belief or religion. SECTION 4. Curfew Period. - All persons are prohibited to be roaming outside their respective residence/domicile or business establishments during the curfew hour, from 11:00 o'clock in the evening up to 4:00 o'clock in the morning. SECTION 5. Exemptions. - The curfew hour as established in the preceding Section shall not cover the following persons and activities, viz: Members of the Philippine National Police, Armed Forces of the Philippines and other law enforcement agencies who are on-duty and those who are in transit; Punong Barangays, Sangguniang Barangay Members and Barangay Tanods of the 54 barangays while performing their duties and responsibilities within their respective territorial jurisdictions; Medical practitioners on emergency call; and medical/hospital workers on night shift duty to include those persons, if any, who will ferry them from their residences to their respective work place and vice versa; Call center workers reporting to and/or returning from night shift schedule; Workers of public land transportation companies passing through or coming into the city, to include passengers arriving and/or departing during nighttime; and Those persons who, under emergency cases, are compelled to be out of their residence for specific noble purpose. SECTION 5. - The implementation of this Curfew Ordinance shall be performed by the following: Members of Pagadian City Police Office and personnel from the Armed Forces of the Philippines and other law enforcement agencies who are assigned/detailed to perform specific their duties and functions within the territorial jurisdiction of the City of Pagadian in collaboration with the PNP; Punong Barangays and Sangguniang Barangay Members of the different barangays including their respective barangay tanods whose authority to implement the same shall be limited only within their respective territorial jurisdiction; SECTION 6. Procedure for the implementation of this Curfew Ordinance. - Any person found violating this Ordinance shall immediately be brought to the nearest PNP Office/Station for booking. However, if the arrested violator is a minor, he/she shall immediately be taken under the custody of the implementing authorities provided under Section 8 of City Ordinance No. 2016-358, entitled: "An Ordinance Providing Protection For Children At Risk In Accordance With All Existing Laws That Protect Children And Providing Penalties For Violation Thereof." SECTION 7. Penalties. - The arrested violator, except for minor, shall be meted with the following penalties, to wit: For the first offense, the arrested violator, upon conviction, shall be imprisoned for One (1) day up to Thirty (30) days or a fine of One Thousand Five Hundred (P1,500.00) Pesos, at the discretion of the court. For the second offense, the arrested violator, upon conviction, shall be imprisoned for One (1) Month up to Six (6) Months or a fine of Three Thousand (P3,000.00) Pesos, at the discretion of the court. For the third offense, the arrested violator, upon conviction, shall be imprisoned for Six (6) Months up to One (1) Year or a fine of Five Thousand (P5,000.00) Pesos, at the discretion of the court. SECTION 8. Enforceability. - This Ordinance shall remain enforceable for the duration of the imposition of Martial Law under Presidential Proclamation No. 216. SECTION 9. - Effectivity. - This Ordinance shall take effect after publication in the newspaper of general circulation in the locality. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 41st Regular Session held on 13 June 2017 at the Sangguniang Panlungsod Session Hall, Pagadian City.