ORDINANCE NO: 2021-471 Sponsored by: Honorable Fernando Y. Pameron "AN ORDINANCE PROHIBITING THE DISCRIMINATION AGAINST PERSONS WHO ARE DECLARED CONFIRMED, SUSPECT, PROBABLE AND RECOVERED CASES OF COVID-19 AND VARIOUS INFECTIOUS DISEASES, RETURNING OVERSEAS FILIPINOS, MEDICAL HEALTHWORKERS, FRONTLINE WORKERS, RESPONDERS, AND SERVICE WORKERS DURING EPIDEMIC OR PANDEMIC PERIODS AND PENALIZING OFFENDERS AND VIOLATORS THEREOF" WHEREAS, RA 7160 Section 16 provides that Local Government Units shall exercise powers for the promotion of general welfare, preserve and promote health and safety of their constituents, maintain peace and order, enhance the right of the people to human dignity, and preserve the comfort and convenience of their inhabitants; WHEREAS, no persons or individuals wants to be infected of COVID-19 or any infectious diseases, thus it is necessary to promote the general welfare of every individual, in the time they are infected and in the recovery stage as well; WHEREAS, during sickness period, an individual deserves care and fair treatment so as to ensure that they are properly treated and given the needed assistance; WHEREAS, medical health workers, frontline workers, responders and service workers play a vital role and importance in the delivery of various services (medical and non-medical) during outbreaks of epidemic or pandemic and their lives at risk in the delivery of such functions; WHEREAS; based on information gathered there are medical health workers, frontline workers, responders and service workers who were discriminated, neglected and treated negatively due to the fact that they are engaged in the delivery of medical services and response during the epidemic or pandemic period (COVID 19 era); WHEREAS, in order to protect medical health workers and frontline workers, responders and service workers, from any act of discrimination, guidelines should be set and be implemented for the purpose of boosting their morale and giving recognition and credit to the efforts they have rendered in the delivery of their services and assistance during such period; NOW, THEREFORE, in view of the foregoing premises, be it ordained by the Sanggunian Panlungsod (13th City Council) of Pagadian in session assembled that: SECTION 1. Title. - This Ordinance shall be known as "Anti Discriminatory Ordinance against Persons who are declared confirmed, suspect, probable and recovered cases of COVID-19 OR any infectious diseases, Returning Overseas Filipinos, medical health workers, frontline workers, responders and service workers during epidemic or pandemic periods." SECTION 2. Purpose. - This Ordinance shall serve as guidelines and precautionary measures so as to protect all persons who are declared, confirmed, suspect, probable and recovered cases of COVID-19 or any infectious diseases, returning overseas Filipinos, medical health workers, frontline workers, responders and service workers against any discrimination from the community during epidemic or pandemic periods. SECTION 3. Definition of Terms. - For purposes of this Ordinance, the following words and phrases 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. Pandemic - is an epidemic occurring on a larger scale that crosses international boundaries usually affecting people on a worldwide scale. Discrimination - refers to any act of unjust distinction, exclusion or restriction which has the effect of impairing or nullifying the recognition, enjoyment, and exercise on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any field of the public life of a person, or which tends to have the effect of endangering the person's life, safety, and security, specifically against persons who are declared confirmed, suspect, and probable cases of any infectious diseases, recovered cases, essential and frontline workers, healthcare workers, responders, service workers, returning overseas Filipino workers, whether land or sea-based, and families and members of the households of persons mentioned above. Essential and frontline workers - refers to those who are engaged in, or employed by essential services, as defined in laws, rules, orders and resolutions; Healthcare workers - refers to those who deliver health-related service or care which include physicians, nurses, hospital and clinic aides, barangay health workers, paramedics, emergency medical technicians, ambulance drivers and staff, laboratory technicians, and those who provide related or support service hospitals, clinics, quarantine centers, and other health facilities. Probable cases - refers to persons with mild, severe, or critical symptoms of COVID-19 or infectious diseases, whose test results are inconclusive as defined by the Department of Health (DOH). Recovered cases - refers to persons who tested negative of COVID-19 or certain infectious disease after treatment and declared as such by the DOH. Returning Overseas Filipinos - refers to citizens of the Philippines working abroad including Overseas Filipino Workers (OFW's) who return to the Philippines, for reasons which include completion of employment, labor conflicts, medical causes, psychological problems, restrictive immigration policies, wars, and other similar cases. The term also includes the remains of Filipinos brought back to the Philippines. Responders - refer to officers, members and employees of the police and armed forces, city and barangay offices, the local Department of Public Order and Safety, Disaster Risk Reduction and Management Office, Barangay Health Emergency Response Team (BHERT), Epidemiology and Disease Surveillance Unit, and other government employees deployed directly or indirectly to respond to epidemic/pandemic related situations or who perform functions that may cause potential exposure to such situations. Service Workers - refers to persons who work in public or private establishments for essential services, which include food, water, banking and finance, utilities, medicine, security, and maintenance and sanitation, and those who provide services under circumstances with high risk of exposure to epidemic/pandemic which include administrative, security, maintenance and staff support to health and quarantine facilities. Suspect cases - refers to individuals who show symptoms of sickness such as fever, tiredness, and dry cough and the like, those with travel history to areas with confirmed local transmission and those with exposure to a confirmed case as defined by the DOH. SECTION 4. Discriminatory Practices: Notwithstanding proper enforcement of and compliance with the government's community quarantine protocols, for public health emergencies, it is unlawful for any person, natural or juridical, to engage in the following discriminatory practices: Harassment or Assault - No person shall verbally, physically, or psychologically harass, threaten or assault persons who are declared confirmed, suspect and probable cases of COVID-19 or any infectious and transmissible diseases or suspected of having been exposed to such notifiable diseases of public health concern, including medical health workers, frontline workers, responders and service workers. Failure to Give Assistance - No person, public official, health care worker, or healthcare institution shall refuse, fail, or neglect to give assistance to persons, who are declared confirmed, suspect and probable cases of COVID-19 or any infectious/notifiable disease of public health concern and/or suspected of having been exposed to and has recovered from such notifiable diseases including medical health workers, frontline workers, responders and service workers. Stigmatization - No person shall publicly disclose, with the intent of exclusion, harm and discrimination, in social media and other information platforms that a person, is declared a confirmed, suspect and probable case of COVID-19 or any infectious/notifiable disease of public health concern or has recovered from that notifiable disease, whether or not the same has been confirmed or validated from the list given by authorized health officials and agencies, including medical health workers, frontline workers, responders and service workers. Unlawful Refusal to Honor Valid and existing Contracts - No person shall refuse to honor any valid and existing contract on the basis of having been contracted any notifiable diseases of public health concern to persons declared confirmed, suspect and probable case of COVID-19 or any infectious/notifiable diseases including medical health workers, frontline workers, responders and service workers. SECTION 5. Penalties 5.1 - A person who commits harassment or assault described in paragraph (a) of Section 4 of this Ordinance shall, upon conviction, be penalized by an imprisonment of not less than six (6) months but not more than one (1) year or a fine of Five Thousand (P5,000.00) Pesos or both, at the discretion of the court. 5.2- A person who commits any discriminatory practice described in paragraphs (b), (c) and (d) of Section 4 of this Ordinance shall, upon conviction, be penalized by an imprisonment of not less three (3) months but not more than six (6) months, or a fine of Two Thousand Five Hundred (P2,500.00) Pesos or both at the discretion of the court. SECTION 6. Separability Clause. - If any provision or portion of this Ordinance is declared illegal and/or found to be violative of the Constitution and declared invalid by a court of competent jurisdiction, the remainder of this Ordinance not so declared otherwise shall not be affected and shall remain in full force and effect. SECTION 7. Repealing Clause. - All ordinances, executive orders and rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed, amended or modified accordingly. SECTION 8. Effectivity Clause. - This Ordinance shall take effect immediately after its publication in newspaper of general publication for three (3) consecutive issues. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 77th Regular Session on 07 April 2021 at the SP Session Hall, 4th Floor, City Commercial Center, Barangay Santiago, Pagadian City.