ORDINANCE NO: 2020-450
(Sponsored by: Committee on Human Rights, Urban/ Rural Community)
"AN ORDINANCE CREATING THE PAGADIAN CITY ANTI-MENDICANCY BOARD, PROVIDING FOR ITS COMPOSITION AND APPROPRIATING FUNDS THEREFOR"
WHEREAS, Presidential Decree No. 1563 otherwise known as the "Mendicancy Law of 1978," provides for the establishment of an integrated system for the control and eradication of mendicancy purposely to prevent the commission of mendicancy and the exploitation of infants and children through mendicancy and provide habilitative services for those already exploited or in immediate danger of exploitation, as well as promote the rehabilitation of minors found begging and mendicants by providing an integrated developmental package of preventive, habilitative interceptive, remedial and/or rehabilitative services;
WHEREAS, it has been observed that mendicancy breeds crime, creates traffic congestion, endangers health, and exposes mendicants to indignities and degradation;
WHEREAS, there is a need to regulate mendicancy as it is not only a public nuisance but it is also a contributing factor to the congestion and the heavy traffic of sidewalks and thoroughfares;
WHEREAS, the present proliferation of mendicants in Pagadian City necessitates the creation of an Anti-Mendicancy Board to give more teeth to the implementation of existing laws and regulations concerning mendicancy;
NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) in session assembled that:
SECTION 1. Creation. - There is hereby created "The Pagadian City Anti-Mendicancy Board," and shall hereinafter referred to as the BOARD, under the Office of the City Mayor.
SECTION 2. Composition. - The Board shall be composed of the following:
Chairperson : City Mayor;
Vice Chairperson : SP Chairperson, Committee on Human Rights, Urban Poor
Members : 1. City Social Welfare Officer;
2. Representative from the Philippine National Police;
Representative from the City Health Office;
Representative from the National Commission for Indigenous People (NCIP);
The President of the Liga ng mga Barangay;
Representative from the City Traffic Management Office; and
Representative from any of the accredited Business Sector Association.
The Members of the Board shall be appointed by the City Mayor and shall hold office co-terminus with the term of the appointing officer, unless sooner removed by reason or cause. If any member of the Board fails to complete his/her term, any appointed member filling the vacancy shall serve only for the unexpired portion of the term of the Board member.
SECTION 3- Powers and Functions. - The Board shall have the following functions, powers, and duties:
To promulgate such guidelines, rules, and regulations which are necessary or proper for the implementation of this Ordinance, and the accomplishment of its purposes and objectives. Such rules, guidelines, and regulations shall take effect against the general public after ten (10) days following their publications.
The Board or its duly authorized members or official representatives shall conduct frequent operation in apprehending mendicants and psychotic vagrants roaming around the City's thoroughfares and sidewalks and turn them over to proper agencies. The Board may also call on any law enforcement agency for assistance in the implementation and enforcement of this City Ordinance.
To cause the prosecution of violators of this ordinance.
To prescribe the internal and operational procedures for the exercise of its powers and functions as well as the performance of its duties and responsibilities.
To exercise such other powers and functions as may be necessary or incidental to the attainment of the purposes and objectives of this ordinance and to perform such other related duties and responsibilities as may be directed by the City Mayor.
SECTION 4- Funds. - Upon the effectivity of this Ordinance and subject to the availability of funds, an initial amount of One Hundred Thousand Pesos (Php 100,000.00) shall be appropriated for the creation of the Pagadian City Anti-Mendicancy Board.
SECTION 5 - Separability Clause. - If, for any reason, any portion or provision, section or part of this Ordinance is declared invalid by a Court of competent jurisdiction or suspended or revoked by the Sanggunian, such declaration shall not affect or impair the remaining portions, provisions, sections, or parts hereof which shall remain or continue to be in full force and effect.
SECTION 6- Repealing Clause. - All ordinances, rules and regulations or parts thereof which are in conflict or inconsistent with the provisions of this Ordinance are hereby considered repealed, amended or modified, accordingly.
SECTION 7. Date of Effectivity. - This Ordinance shall take effect after its publication once a week for two (2) consecutive weeks in a newspaper of general circulation or upon posting in two (2) conspicuous places of the city for a period of fifteen (15) days.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 53rd Regular Session on 16 September 2020 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.