ORDINANCE NO: 2021-491 Authored by: Hon. Sam Tyra F. Co "AN ORDINANCE PENALIZING MISCHIEVOUS OR PRANK ORDERS, ONLINE SHOPPING SCAMS AND PRANK ALARMS, THROUGH ANY MEANS OF ELECTRONIC CALLS AND/OR MESSAGING, AGAINST ANY PERSON(S) OR ESTABLISHMENT, WHETHER FOOD OR NON-FOOD BUSINESS AND/OR SERVICE PROVIDERS INCLUDING, BUT NOT LIMITED TO, UNJUST REFUSAL TO PAY, MISREPRESENTATION OF PRODUCT(S), CAPACITY TO SELL AND ARBITRARY CANCELLATION OF ORDERS" WHEREAS, Section 16 of the Local Government Code of 1991 provides that local governments shall exercise powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of general welfare; WHEREAS, during this time of pandemic, movements of people were restricted and limited especially in public areas whereby more individuals are constrained to stay at home and revert to online transactions seeking public service, purchasing goods and products, and generating income.; WHEREAS, it is the primordial duty of the Local Government to safeguard the interest of all consumers, sellers and service providers against any form of mischievous/malicious online orders and advertisements particularly "prank orders", or "bogus sellers" and "prank alarms", including arbitrary or unreasonable cancellation of order which causes misrepresentation of products and undue injuries to the online sellers, buyers and service providers; NOW, THEREFORE, Be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City in session assembled that: SECTION 1. Title. This Ordinance shall be known as "An Ordinance Penalizing Mischievous Or Prank Orders, Online Shopping Scams And Prank Alarms, Through Any Means of Electronic Calls And/Or Messaging, Against Any Person(s) Or Establishment, Whether Food Or Non Food Business And/Or Service Providers Including, But Not Limited To, Unjust Refusal To Pay, Misrepresentation Of Product(s), Capacity To Sell And Arbitrary Cancellation Of Orders." SECTION 2. SCOPE, COVERAGE, AND PURPOSE. This Ordinance shall safeguard the interest of all consumers, sellers and service providers against any form of mischievous/ malicious online orders and advertisements particularly "prank orders", or "bogus sellers" and "prank alarms", including arbitrary or unreasonable cancellation of order which causes misrepresentation of products and undue injuries to the online sellers, buyers and service providers within the territorial jurisdiction of Pagadian City. The primary purpose of this Ordinance is to penalize the "pranksters" that inflicts undue damage and injuries to any online food business, consumers and service providers and to protect the interest of sellers, buyers and service providers while risking their personal health against the threat of any communicable diseases in public areas. SECTION 3. DEFINITION OF TERMS. The term/s below shall have the meanings ascribed to them in this Section. Any word/ terms not defined herein shall be given their plain, customary and ordinary meanings, unless the context requires otherwise which shall be interpreted in accordance to the purpose of this Ordinance. a. Mischievous - A person causing or showing a fondness for causing trouble in a playful way, causing or intended to cause harm or trouble; b. Prank order - A trick of an amusing, playful, or sometimes malicious nature; c. Bogus buyers - Using fictitious names and other similar deceits by?falsely pretending to possess power, influence, property, or imaginary transactions; d. Bogus sellers - Counterfeit or fake; not genuine seller; e. Prank alarms - Play a trick on someone; make a joke of someone; f. Consumer - A person who purchases goods and services for personal use; g. Non-Food Products - Items that cannot be eaten but are commonly sold in food stores; h. Service Providers - An individual or entity that provides services to another party; a company that provides its subscribers access to the internet; an organization that provides a network, storage or processing service; i. Arbitrary or Unreasonable Cancellation of Order - When a consummated/completed order--whether food or non-food products--has been purposely cancelled when it is about to be delivered or picked-up without justifiable cause; j. Misrepresentation of Products - When product advertising, packaging, labels, or?other product information available to consumers misrepresent material facts concerning the quality or use of the product; SECTION 4. PENAL PROVISIONS. Any person committing any act of mischievous/malicious/prank/ or bogus orders, or causing, inducing, and/ or abetting any person in the commission of any of the acts, upon final conviction by a court of competent jurisdiction, shall suffer the following penalty: 4.1 PRANK ORDERS 4.1.1 First Offense - Penalty of Php2,000.00 plus the total amount of the actual damages. 4.1.2 Second Offense - Penalty of Php3,000.00 plus the total amount of the actual damages. 4.1.3 Third Offense - Penalty of Php5,000.00 or imprisonment of not less than three months, or both, upon the discretion of the court, plus the total amount of the actual damages. 4.2 BOGUS SELLER 4.2.1 First Offense - Penalty of Php2,000.00 plus the total amount of the actual damages. 4.2.2 Second Offense - Penalty of Php3,000.00 plus the total amount of the actual damages. 4.2.3 Third Offense - Penalty of Php5,000.00 or imprisonment of not less than three months, or both, upon the discretion of the court, plus the total amount of the actual damages. 4.3 BOGUS BUYER 4.3.1 First Offense - Penalty of Php2,000.00 plus the total amount of the actual damages. 4.3.2 Second Offense - Penalty of Php3,000.00 plus the total amount of the actual damages. 4.3.3 Third Offense - Penalty of Php5,000.00 or imprisonment of not less than three months, or both, upon the discretion of the court, plus the total amount of the actual damages. Additional penalty maybe imposed depending on the actual damages inflicted and shall be released in favor of the complainant or aggrieved party. Ownership of the mobile phone number, landline number, as well as the owner of the online account, including email address used in the act of pranking, shall be considered as a prima facie evidence that the owner is the caller, seller or the customer who placed the online order and the product or pulled the prank alarm. Section 5. Separability Clause. Any provision that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal. Section 6. Repealing Clause. All existing and/or previous ordinances which are inconsistent with the provisions of this Ordinance are hereby repealed, amended and/or modified accordingly. Section 7. Effectivity Clause. This Ordinance shall take effect immediately upon approval and after publication for three (3) consecutive issues in any newspaper of city-wide circulation. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 99TH Regular Session on 22 September 2021 conducted via Video Conferencing.