ORDINANCE NO: 2022-505 Authored By: Hon. Fernando Y. Pameron Co-Authored By: Hon. Priscilla M. Fernandez & Hon. Vincenzo E. Cagampang "AN ORDINANCE REGULATING THE MOVEMENTS OF UNVACCINATED INDIVIDUALS FOR COVID-19 IN THE CITY OF PAGADIAN DURING ALERT LEVEL 3 OR HIGHER COMMUNITY QUARANTINE CLASSIFICATION AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF" WHEREAS, on January 6,2022, His Excellency, President Rodrigo Roa Duterte, made public announcement ordering all Punong Barangays to restrain people who remain unvaccinated against COVID-19 from leaving their houses due to the sudden surge of cases and the threat of the OMICRON variant; WHEREAS, Section 15, Article 1 of the 1987 Philippine Constitution provides that "The State Shall Protect And Promote The Right To Health Of The People And Instill Health Consciousness Among Them;" WHEREAS, Section 16 of the Local Government Code states that "Every Local Government Unit Shall Exercise The Powers Expressly Granted Those Necessarily Implied There From, As Well As Powers Necessary, Appropriate, Or Incidental For Its Efficient And Effective Governance, And Those Which Are Essential To The Promotion Of General Welfare; WHEREAS, in view thereof, the Department of the Interior and Local Government (DILG), on 18 January 2022, issued Memorandum Circular No. 2022-002 which, in gist, enjoined all Sanggunians to enact an ordinance providing reasonable restrictions on the movement of unvaccinated persons. NOW, THEREFORE, be it enacted by the Sangguniang Panlungsod (13th City Council) of the City of Pagadian in session assembled: SECTION 1. TITLE. - This Ordinance shall be known as "RESTRICTIONS ORDINANCE FOR UNVACCINATED PERSONS OF PAGADIAN CITY DURING ALERT LEVEL 3 OR HIGHER COMMUNITY QUARANTINE CLASSIFICATION OF 2022." SECTION 2. SCOPE. - This ordinance shall be applicable to all individuals, whether residents or non-residents or merely transients, of Pagadian City who may be violating this Ordinance. SECTION 3. DEFINITON OF TERMS. - For purposes of this Ordinance, the following terms shall mean: Fully Vaccinated Individuals - refers to individuals who have been fully vaccinated for Covid 19, as herein specified, viz: 3.1.a More than or equal to two (2) weeks after having received the second dose for a two (2) dose series; 3.1.b More than or equal to 2 weeks after having received a single dose vaccine. 3.1.c The vaccines administered to the individual are included in any of the following: c.1 Emergency Use Authorization (EUA) list or Compassionate Special Permit (CSP) issued by the Philippine Food and Drug Administration (FDA); or c.2 Emergency Use Listing of the World Health Organization (IATF Resolution 124-B dated July 2, 2021). Non fully vaccinated individuals - refers to individuals who have not been vaccinated as afore-mentioned. Essential Goods and Services - refers to health and social services that ensures safety and well-being of person such as, but not limited, to food, water, medicine, medical services, public utilities, energy, and others as may be determined by the IATF (Latest Omnibus Guidelines dated September 23, 2021.) SECTION 4. RESTRICTIONS ON NON-FULLY VACCINATED INDIVIDUALS: - All non-fully vaccinated individuals shall: 4.1 Remain in their residence at all times except for the procurement of essential goods and services. Provided, however, that individual outdoor exercise shall be allowed within the general area of their residence such as purok, village, subdivision or barangay; 4.2 Be prohibited from indoor and outdoor (al fresco) dining in restaurants and other food establishments and, shall likewise be prohibited from leisure or social trips to malls, hotels, event venues, sports and country clubs, and similar facilities; 4.3 Be prohibited from public transportation except for the procurement of essential goods and services subject to the production of proof to support and justify such travel; and SECTION 9. ENFORCEMENT. - This Ordinance shall be primarily implemented by the members of the Philippine National Police (PNP) assigned or stationed in Pagadian City, Punong Barangays and their Tanods, Business Permit Licensing Office (BPLO), City Traffic Management Office (CTMO), or any City Employees who may be designated by the City Mayor. SECTION 10. PENALTY. - Any person/persons found to have violated Section 4 and 5 of this Ordinance shall be penalized with a fine of not less than Three Thousand (Php3,000.00) Pesos but not more than Five Thousand (Php5,000.00) Pesos, or imprisonment of three (3) months, or both at the discretion of the Court. If the offense is committed by a corporation, partnership or juridical entity, the Chief Executive officer, President, General Manager, and/or such other Officer-in-Charge shall be held liable. In addition, the business permit and license to operate of the entity shall be suspended or canceled after issuance of a guilty verdict. SECTION 11. NECESSARY GUIDELINES. - The Local Chief Executive may issue the necessary guidelines, rules or regulations to implement this Ordinance in harmony with IATF resolutions and guidelines. SECTION 12. REPEALING CLAUSE. - All ordinances and resolutions that are inconsistent with any provisions of this Ordinance are hereby repealed and/or modified accordingly. SECTION 13. SEPARABILITY CLAUSE. - If any provision of this Ordinance is declared void or unconstitutional, the remaining portions shall not be affected and shall remain in full force and effect. SECTION 14. EFFECTIVITY. - This Ordinance shall take effect fifteen (15) days after its publication for three (3) consecutive weeks in a newspaper of general circulation. It shall remain in full force and effect as long as the COVID-19 Community Quarantine Classification for Pagadian City and the Zamboanga Peninsula Region is Alert Level 3 or higher and shall be automatically lifted should a lower classification be declared. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 116th Regular Session on 09 February 2022 conducted via Video Conferencing.