ORDINANCE NO: 2020-438 (Author: Honorable Fernando Y. Pameron) "AN ORDINANCE REQUIRING THE MANDATORY USE OR WEARING OF FACE MASK OR IMPROVISED FACE SHIELD IN ALL PUBLIC PLACES OF PAGADIAN CITY DURING OR ON THE OCCASION OF A DECLARED NATIONAL OR LOCAL PUBLIC HEALTH EMERGENCY DUE TO AN EPIDEMIC OR PANDEMIC DISEASES TRANSMISSIBLE THROUGH DROPLETS OR AIR-BORNE, AND PROVIDING PENALTY FOR VIOLATION THEREOF" WHEREAS, Section 15 of Article II of the 1987 Constitution provides that the state shall protect and promote the right of the health of the people and instill health consciousness among them. WHEREAS, the current public health crisis brought about by the outbreak of the dreaded virus globally known as COVID-19, may well best illustrate how the government must have to respond and to devise means, in an effort to contain the transmission of the same in order to save the lives of the many; WHEREAS, existing health protocols that were put in place by the health authorities as reinforced by Memorandum Circular of the DILG, encouraged the use or wearing of face mask by the public whenever an epidemic or outbreak of viruses occur; WHEREAS, institutionalizing the practice of wearing face mask during the occasion of such virus-related epidemic, through the enactment of local legislative measure, would greatly reduce the rate, contain the level of, if not prevent the spread of transmission of such disease; WHEREAS, in order to protect the community from person to person transmission of virus, precautionary measures must be instituted such as, but not limited to, self-protection through the use of face-mask or improvised face shield; NOW, THEREFORE, be it ordained by the 13th City Council in session assembled that: SECTION 1. Title. - This Ordinance shall be known and cited as "The Mandatory Face Mask Wearing Ordinance of 2020." SECTION 2. Coverage. - This Ordinance shall be applicable during or on the occasion of a declared national or local public health emergency due to an epidemic or pandemic diseases transmissible through droplets or air-borne. It shall be mandatory for all natural person(s), whether resident or non-resident, to use or wear a protective face mask or improvised face shield while entering public places within the territorial jurisdiction of the City of Pagadian. SECTION 3. Definition of Terms. - For purposes of this Ordinance, the following words or terms shall be construed to mean as follows: Epidemic - a widespread occurrence of an infectious disease in a community at a particular time or an outbreak of disease that spreads quickly and affects many individuals at the same time. Face Mask or protective mask - is any device providing barrier to nose and mouth made of cloth or any suitable material capable of preventing or filtering droplets or virus from entering the respiratory system of humans; Pandemic - is an epidemic?occurring on a scale that crosses international boundaries, usually affecting people on a worldwide scale. Virus - a microscopic parasite much smaller than bacteria which lack the capacity to survive and reproduce outside of a host body; Public Places - refers to areas accessed by group or crowd of persons for collective use and may include public and private offices, establishment, stores or display areas, clinics or hospitals, transport stations and conveyances, waiting areas, etc. SECTION 4. Mandatory Provision. All persons entering public places within the territorial jurisdiction of Pagadian City are mandated to wear face masks or improvised face shield to prevent infectious transmission of virus during epidemic or pandemic cases. SECTION 5. Responsibility for Parental, Substitute Parental Negligence. In case the infraction of this Ordinance is committed by a minor, the liability for the penalty of fine imposed under the succeeding section shall devolve upon the parents, grandparents, guardian or person who has custody of minor offender, to be enforced in successive order as herein provided, for the negligence in the exercise of parental or substitute parental authority, as the case maybe, over the minor offender. Provided, however, that such minor offender shall be proceeded under the appropriate intervention program in accordance with the applicable provisions of R.A. 9344. SECTION 6. No Face Mask-No Entry on Certain Place. All public and private institution and establishments are mandated to refuse entry to any person not wearing face mask or improvised face shield and shall post notices regarding this requirement. The President, Manager or Proprietor of the business establishment or institutions shall be held responsible for the penalty to be imposed for violating the provision of this Section. SECTION 7. Penal Provisions. Any person or persons found violating the provision of this Ordinance shall be penalized as follows: For First Offense - Warning/Reprimand; For Second Offense - 1/2 day Community Service or fine of not less than P300.00 but not more than P500.00; For Third and SUCCEEDING OFFENSES - 1 day Community Service or fine of not less than P500.00 but not more than P1,000.00. SECTION 8. Enforcement. The Pagadian City Police Office and other law enforcement agencies stationed in the city, the Sangguniang Barangay Officials including the barangay tanods are hereby tasked to strictly implement the provisions of this Ordinance. SECTION 9. Information Dissemination. The Public Information Officer of the Office of the City Mayor shall disseminate information of this Ordinance to the public immediately upon effectivity of this Ordinance. SECTION 10. Transitory Provision. The use or wearing of face mask or improvised face shield shall continue for a period of two (2) weeks from the time of the lifting of the declared Public Health Emergency. SECTION 11. Separability Clause. In case any provision of this Ordinance is declared to be invalid or unconstitutional, other provisions not affected by the declaration of invalidity or unconstitutionality shall remain to be in full force and effect. SECTION 12. Repealing Clause. Any existing ordinances inconsistent with the provisions of this ordinance are hereby repealed, amended, or modified accordingly. SECTION 13. Effectivity. This Ordinance shall take effect immediately after its approval and publication or posting in the conspicuous public places of Pagadian City. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 37th Regular Session on 06 May 2020 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.