ORDINANCE NO: 2022-506
Sponsored by: Honorable Vincenzo E. Cagampang
"AN ORDINANCE PROHIBITING THE FALSIFICATION, FABRICATION AND SIMULATION OF COVID-19 VACCINATION CARD AND PROVIDING PENALTIES FOR VIOLATION THEREOF"
WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, granted local government units the implied power to do all things necessary, appropriate or incidental to government efficiently and effectively, promote, and preserve the comfort and convenience of their inhabitants;
WHEREAS, Resolution No. 124-B of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) provides that local government units may opt to require fully vaccinated individuals to present their vaccination cards prior to entry in the borders, in lieu of a negative Reverse Transcription- Polymerase Chain Reaction (RT-PCR) test result;
WHEREAS, consistent with the provisions of R.A. 11525, the Department of Information and Communications Technology (DICT) in collaboration with the Department of Health (DOH) has instituted a digital VaxCertPH verifier in consonance with the guidelines issued by the World Health Organization.
WHEREAS, reports on the proliferation of falsified, fabricated and simulated COVID-19 vaccination cards cannot be overlooked, hence, there is thus a need to ensure the authenticity of COVID-19 vaccination cards presented by entrants, inter-zonal travelers, and in any business entity within the City of Pagadian;
NOW, THEREFORE, 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 "An Ordinance Prohibiting the Falsification, Fabrication and Simulation of COVID-19 Vaccination Card and Providing Penalties for Violation Thereof."
SECTION 2. SCOPE. - Unauthorized use of COVID-19 vaccination cards in any transactions, including gaining entry to the City of Pagadian business establishments or in any event requiring the said card is hereby prohibited and punishable under Section 4 and 5 of this Ordinance. Authenticity of vaccine cards can be verified at the DOH, local IATF and online through VaxcertPH application.
SECTION 3. DEFINITION OF TERMS. - For purposes of this Ordinance, the following words and phrases shall be construed to mean, as follows:
3.1 Vaccine Card - a card issued by a local government unit, medical institution, or other duly authorized entity indicating relevant information concerning a person's inoculation with a COVID-19 vaccine;
SECTION 4. PROHIBITED ACTS. - The following acts shall be penalized under Section 5 of this Ordinance.
4.1 Countering, forging, altering or imitating a vaccine card, or any information, signature, seal or feature on the same;
4.2 Misrepresenting any information requested by authorities in relation to vaccination, including the information indicated in the vaccine cards, for purposes of obtaining undue benefits or privileges;
SECTION 5. PENALTIES. - Any person or persons found violating the provision of this Ordinance shall be meted with the following penalties, to wit:
5.1 Penalty of an imprisonment of not less than six (6) months but not more than one year or a fine of Five Thousand (P5,000.00) Pesos or both, at the discretion of the Court.
5.2 If violation is committed by a business establishment, the proprietor, manager and other officers thereof responsible for the violation shall be charged and penalized. Further, the City Government may summarily revoke the business license of the offending entity.
SECTION 6. ENFORCEMENT. - The Pagadian City Police Office and other law enforcement agencies stationed in the city, and at the borders are hereby tasked to strictly implement the provisions of this Ordinance.
SECTION 7. INFORMATION DISSEMINATION. - The Office of the City Mayor shall disseminate this Ordinance to the public upon effectivity of this Ordinance.
SECTION 8. IMPLEMENTING RULES AND REGULATIONS (IRR). - Within thirty (30) days from the effectivity of this Ordinance, the City Emergency Operation Center in coordination with concerned agencies, shall promulgate the rules and regulations and other issuances as may be necessary, to ensure the effective enforcement of this Ordinance.
SECTION 9. CONFIDENTIALITY CLAUSE. - Notwithstanding the provisions hereof, Vaccine cards are subject to the provisions of R.A No. 10173 or the Data Privacy Act of 2012. is or has been used in the commission of a crime or any unlawful act.
SECTION 10. SEPARABILITY CLAUSE. - Should any part of this Ordinance be declared unconstitutional or invalid, other provisions hereof that are not affected thereby shall continue to be in full force and effect.
SECTION 12. REPEALING CLAUSE. - All Ordinances, Resolutions, Circulars, Order, or other City issuances or parts thereof which are inconsistent with any of this Ordinance are hereby repealed or modified accordingly.
SECTION 13. 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 117th Regular Session on 16 February 2022 conducted via Video Conferencing.