ORDINANCE NO: 2022-514
Authors: Hon. Arnold R. Gavenia; Co-Authors: Hon. Fernando Y. Pameron
& Hon. Ronald Christopher Glenn L. Ariosa
"AN ORDINANCE PROVIDING FOR THE MANAGEMENT AND OPERATION OF THE PAGADIAN CITY PUBLIC CEMETERY, DEFINING THE POLICIES, GUIDELINES, RULES AND REGULATIONS FOR ITS VARIOUS SERVICES RENDERED PRESCRIBING VARIOUS FEES AND FOR OTHER PURPOSES"
WHEREAS, the City Government of Pagadian pursuant to its mandate in accordance with law, is maintaining a Public Cemetery located at Barangay Tuburan, Pagadian City that needs to be expanded, improved and upgraded through the introduction of innovatory designs, equipped with multi-level niches and apartments in order to provide a decent and affordable final resting place for the dearly departed loved ones of the city's constituencies;
WHEREAS, the improved and upgraded Pagadian City Public Cemetery shall be properly managed by an appropriate office in collaboration with the concerned Barangay Government Unit where it is located, in terms of the management of the peace and order, cleanliness and orderliness, employing a data-base system in establishing policies and procedures;
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 Providing for the Management and Operation of the Pagadian City Public Cemetery; Defining the Policies, Guidelines, Rules and Regulations for the Services Rendered; Prescribing Various Fees; and For Other Purposes."
SECTION 2. DECLARATION OF POLICY. -- This Ordinance is established with the purpose of fulfilling one of the obligations of the City Government of Pagadian enshrine in the Constitution of promoting the General Welfare of its people, and in consonance with the provision of Republic Act 7160 otherwise known as the Local Government Code of 1991 which provides that "LGU's in the exercise of its powers, and for such purposes intended to promote the general welfare of its inhabitants."
SECTION 3. SCOPE AND COVERAGE. -- This Ordinance covers the territorial jurisdiction of the City Government of Pagadian and its component fifty-four (54) barangays in its endeavor to provide decent burial services preferably to the bonafide residents/constituents of Pagadian City. It shall undertake to improve and upgrade its cemetery management and service operations compliant to the policies, systems and procedures provided by the Pagadian City Cemetery Operations and Management Committee (PCCOMC).
SECTION 4. DIFINITION OF TERMS. -- For the purpose and understanding the entire procedural process of this Ordinance, the following terms shall be adopted without prejudiced to the true meaning of the term used, to wit;
Act - refers to laws national in scope duly adopted by the local government.
Apartment Type Niche - a four (4) storey facility where fresh bodies are to be interred or buried.
Cemetery - refers to the improved, upgraded and enhanced Pagadian City Public Cemetery (PCPC), a public cemetery owned and managed by the City Government of Pagadian, inclusive of the private or apartment niches, memorial chapel, mausoleums (tombs, vaults, crypts...) crematorium and columbarium, situated at Paglaum 1 & 2 village, stretching towards Purok Upper Lumboy containing and area of Thirty Eight Thousand Four Hundred Fifty-Three (38,453) square meters, more or less (see: survey technical description), or any other cemetery or cemeteries that the City Government may later establish and/or develop for the disposal or burial of deceased human beings whether by cremation or grave, mausoleum, vault, columbarium or any receptacle but does not include a family cemetery or a private cemetery.
Cemetery Administrator - refers to the Officer In-Charge of cemetery detailed activities.
Chapel - shall mean a building or hall or a place in the cemetery intended for worship.
Columbarium/Common Bone Chamber - a facility where unclaimed bones are to be re-interred. This also caters to those who want to have their loved ones re-interred in the facility with annual cost.
Common Human Remains Vault - pertains to a depository crypt where common unclaimed remains deposited after being cremated.
CPDO - City Planning and Development Office/Officer.
Cremation - means the technical process, using heat and flame that reduces human remains to ashes and other residue. It shall include the pulverization of such ashes and residue.
Crematorium - a facility or portion of a building in which the remains of the deceased human beings are processed by cremation, or a building or furnace where bodies are incinerated.
Exhumation - the process of disposal of the dead, subject to the provision of the Sanitation Code of the Philippines. This will be done after five (5) years from the time of burial, except when there is a court order specific for certain intent/purpose or circumstances.
Fees/Charges - refers to certain monetary payments for services rendered.
First Degree Relative - pertains to the immediate family member which constitute either ascending or descending order counting from the parents to their children as first degree or vice-versa, and shall only be applied to residents' beneficiary.
Floating niches - are niches on the ground and are to be constructed by the proponent subject to the specifications as provided herein. The burial in this facility is also subject for exhumation after five (5) years.
Indigents - means the common term for individuals with low income.
Individual Bone Chamber - a four (4) storey facility where exhumed cadavers upon lapse of five (5) year-period is to be interred. A corresponding fee is charged for the facility.
Infant - means a newly born child.
Internment - generally means burial, or the permanent disposition of the human remains by internment, entombment or ground burial.
Jurisdiction - means coverage of the authority.
Lessee - means any person having right to the use of the niche, crypt, unit, lot, plot or part thereof, in the mausoleum or columbarium of the cemetery or the persons or clients of burial services.
LGU - means Local Government Unit (Barangay, Municipal, City, and Province).
Master Plan/Cemetery Development Plan - shall mean "An Ordinance Adopting the Master Plan for the Redevelopment and Enhancement of the Pagadian City Public Cemetery and Appropriating Funds Therefore", otherwise known as the "Master Plan for the Redevelopment of the Pagadian City Public Cemetery."
Mausoleum - a facility where the proponent pays for the cost of the land for perpetual use and can construct a structure subject to the specifications provided herein;
PWD's - refers to persons with disabilities.
PCEEO - Pagadian City Economic Enterprise Office/Officer tasked to supervise the Pagadian City Public Cemetery being one of the public enterprises manage by the City Government.
PCENRO - Pagadian City Environment and Natural Resources Office/Officer tasked to supervise environmental concerns and regulations in the operation of the cemetery such as, but not limited to, waste disposal, sewerage and environmental compliance set forth by concerned national agency (e.g., ECC, etc.).
Re-Internment - the process of burying the exhumed body/ies either in the individual bone chamber/ossuary or other cemeteries based on the choice of the family.
Residents/Residency - means being a bonafide residents of Pagadian City.
TWG or Technical Working Group - refers to the total development lay-out of the cemetery to include the provisions of arranged, planned burial sites, facilities, infrastructures, roads, parking, perimeter fence and vital cemetery structures, facilities and utilities.
SECTION 5. MASTERPLAN OF CEMETERY DEVELOPMENT. -- The masterplan of cemetery development shall be prepared by the TWG and approved by the City Mayor duly confirmed by the Sangguniang Panlungsod purposely to provide the necessary infrastructures, facilities, utilities, roads, parking lots and others ensuring a well-planned burial site accessible by the public.
5.1 GENERAL LAY-OUT OF CEMETERY. The general lay-out of the cemetery shall be properly prepared ensuring provisions of all weather or concrete roads along the perimeter of apartelle niches, all burial sites and facilities. The cemetery shall be segmented according to the location of amenities and facilities providing areas for parking, chapel, multipurpose hall, common bone chambers for cremated remains, memorial lots, apartelle niches subdivisions for adults, and separate apartelle subdivisions for infants and children.
5.2 PERIMETER APARTELLE NICHES. Perimeter apartelle niches shall be up to a minimum of five (5) levels and shall be constructed along all boundary lines to serve as perimeter fence of the cemetery.
5.3 MEMORIAL LOTS. Memorial lots shall be provided for sale to affluent residents but shall not be more than twenty percent (20%) of the gross area and shall be seen as plain lots with two (2) level underneath burial chambers and planted, landscaped area. To provide sustainability of the area, no structure or protruding improvements shall be allowed in any area of the memorial lots.
5.4 MAUSOLEUM. Mausoleum lots shall be provided but not to exceed ten percent (10%) of the gross area for sale to affluent residents but such development shall be controlled and governed by the TWG to ensure the construction of mausoleum buildings shall portray or enhance the overall planned aesthetics.
5.5 APARTELLE NICHES FOR ADULTS. Apartelle niches for adults shall be constructed up to a maximum of four (4) levels in segmented areas inside the cemetery provided that access road/pathway during burial and public visitation must be specified.
5.6 APARTELLE NICHES FOR INFANTS AND CHILDREN. Apartelle niches for children and infants shall be constructed up to a maximum of three (3) levels provided that access road/pathway during burial and public visitation must be specified.
SECTION 6. CEMETERY RULES AND REGULATIONS. -- The following rules and regulations shall be adopted as a guide for the administration and use of the City Public Cemetery. All persons having rights therein including, but not limited to: lessees', visitors, contractors, workers or any other persons performing works inside the cemetery shall be subjected to said rules and regulations, amendments or alterations shall be adopted from time to time, as specified herein, viz:
The Cemetery may, and it hereby expressly reserves the right, at any time, upon proper notice to interested parties, adopt new rules and regulations affecting the internal business, transactions and operations of the cemetery;
Special cases may arise in which literal enforcement of the rules and regulations may impose unnecessary hardship or inconvenience to its clients or any interested parties. The City Cemetery Operations and Management Committee (CCOMC), as stipulated in this Ordinance, reserves the right, without notice, to make exceptions, suspensions or modifications in any of the rules and regulations when, in its judgement, the same appears to be appropriate in the given circumstance without conflicting against the purposes and intents of this ordinance, and such temporary exceptions, suspensions or modifications shall in no way be construed as affecting the general applications as such;
The Cemetery retains to itself, for the benefit of all lessees or any party having interest thereat, full and complete supervision, control and management of the land, buildings, improvements, roads, walkways, utilities, development, books and records and the complete authority, rights and privileges to make changes, administer and enforce all rules and regulations and restrictions not consistent with the pertinent laws, ordinance, rules and regulations;
All niches, crypts, units in the columbarium and other services in the Cemetery are for lease in accordance with the provisions of this Ordinance and its related rules and regulations and shall not be used for any other purpose than as burial place for the body of the dead human being. The niches, crypts, units in the columbarium, etc. must be paid in full before a burial is made;
No right to lease of niche, crypt, unit in the columbarium, etc. shall be sold, conveyed or transferred by the Cemetery for speculative or investment purposes but only for actual burial needs;
Lessees are prohibited from allowing internment to be made on their lots, niches, crypts, units in the columbarium etc. for compensation;
Visiting hours are from sunrise to sundown, except on special occasions and upon special arrangement which will be acted upon written request;
All lessees of lots, niches, crypts, units in the columbarium, etc. or persons having interest are required to notify the Cemetery Administration of any change of address. All notices required to be sent shall be sent to the last recorded address and such notices shall be deemed adequate;
No person, other than the personnel of the Cemetery, shall be allowed to perform any work within the Cemetery without permission from the Cemetery Administrator or its duly authorized representative provided however, in cases when a lessee opted to hire private personnel to work on his unit, it shall be mandatory for such lessee and his/her worker/s to execute a contract prior to the actual implementation of the work to be done and furnish a copy of such contract to the Cemetery for filing and future reference. Provided, however, that such work shall be in accordance with the existing guidelines and specifications of the City Government of Pagadian;
The Cemetery Administrator shall direct all improvements within the grounds and upon all niches, crypts, units in the columbarium, etc. before and after interments have been made therein. No additional niches shall be constructed except within the specification of the newly improved cemetery as approved in the development plan;
Charges for work and services performed by the Cemetery Administrator or for materials purchased from the Cemetery will be at rates approved by this Ordinance subject to the necessary accounting and auditing requirements as provided for by law;
The Cemetery will take all reasonable precautions to protect the leased properties and persons within the Cemetery from loss, damage or injury not attributable to its negligence, omissions, or commissions;
The right to use vehicles in the Cemetery is authorized solely and exclusively for the purpose of transporting caskets, remains and other related cemetery activities only. No parking area shall be provided to mere visitors;
Bicycles, skates, motorcycles, etc. may not be used on Cemetery premises except with the approval of the cemetery authorities. Pets are not permitted, except when kept on leash or in vehicles;
Bringing of alcoholic beverages in the Cemetery or entering the premises intoxicated is strictly prohibited;
The cemetery personnel shall have the right to enter upon or use adjoining lot, niche or crypt to carry works for public interest, directly or incidental thereto, as to internments, erection of building or structures, etc. without prior notice to the right owner or lessee;
Peddling of any kind or soliciting the sale of any commodity, other than by the Cemetery, is prohibited within the confines of the cemetery. No signs, notices or advertisements of any kind shall be allowed in the premises unless placed or authorized by the Cemetery Administration;
No disinterment or exhumation will be allowed without permission of next of kin, the Cemetery and the proper authorities. However, the Cemetery may, upon proper notice to the concerned parties and to private individuals, exhume the remains of the dead person. Provided, however, that such notice shall be delivered by way of personal or registered mail to the last known address provided by the family of the deceased person as appearing in the records of the City. In the event that there are no longer available records, notices will be posted on public areas such as City Hall, Barangay Hall, Police Precincts and Freedom Walls and Churches within the barangay of residence provided by the family as appearing in the records of the city;
The Cemetery reserves the right to remove all flowers, wreaths, candle or other decorations from lots, niches or crypts, unit of columbarium, etc. as they become unsightly. The Cemetery shall also have the right to remove all objects whose appearance and condition warrant removal and/or violate the Cemetery's rules and regulations. The Cemetery will not be held liable for any flowers, candles or decorations removed or lost by any cause; and
Adoption of new rules and regulations or amendment or repeal of any rule, regulation and/or section or paragraph in this Ordinance and its Cemetery Rules and Regulations are subject to the discretion of the administration upon proper observance of lawful processes. Provided, however, that the Local Chief Executive is not precluded from issuing any directive, executive memoranda/circulars/orders to effectively implement the afore-stated policies and guidelines for efficient and effective Fiscal and Development Management of the Pagadian City Public Cemetery.
SECTION 7. CATEGORIZATION OF THE DECEASED WHO CAN AVAIL OF CEMETERY SERVICES. -- Those who avail of cemetery services are categorized as follows:
Category A (A-1)
(A-2)
Regular rates for bonafide residents of the City of Pagadian
Non-residents/Transients
Category B
Special rates for long-time residents
Category C
SECTION 10. RESIDENCY. -- Only deceased who is a bonafide resident of the City of Pagadian may avail of the special privileges accorded to residents by this Ordinance. For this purpose, a resident is one who has been residing for at least one (1) year within the territorial jurisdiction of Pagadian City upon showing of proof. A long-standing resident, pertaining to category B under Section 6 hereof, is one who has been a resident of the city for more than five (5) years. Provided, however, in cases of a married couple, one of whom is not a resident of Pagadian City but wanted to avail of the benefits provided by this Ordinance, the cemetery, for humanitarian consideration, shall extend to such non-resident spouse the same benefits and privilege accorded to a resident.
Proof of Residency - the applicant who wishes to avail of the special privileges under Category C provided under Section 6 of this Ordinance must present:
SECTION 12. UNCLAIMED, ABANDONED AND/OR UNIDENTIFIED REMAINS AND LEASES THAT ARE NOT RENEWED. -- Remains of the persons that are unclaimed, abandoned or unidentified which are left unburied and may endanger the health of the community may be disposed of by the City in a manner that it deemed fit subject to existing statutes, ordinances, policies, rules, regulations and/or guidelines being enforced and implemented by the Pagadian City Cemetery Administration. The remains in niches, crypts, units in columbarium etc. whose leases are not renewed after the five-year lease period has expired, may likewise be disposed of by the city. Provided, however, that the lessee or his/her nearest of kin shall be given one (1) month notice and one (1) month grace period to be counted from the date of the expiration of lease contract to claim the remains of the dead person, failure to comply shall authorized the Cemetery Administration to dispose of the mortal remains or the bones of the deceased subject to the existing statutes, ordinances, policies, rules, regulation and/or guidelines being enforced and implemented by the Cemetery Administration. (See Cemetery House Rules.)
SECTION 13. COMMON HUMAN REMAINS VAULT. -- Abandoned, unclaimed, or unidentified remains (bones) removed and/or taken out from niches or crypts shall be disposed of by the cemetery, cremated and subsequently deposited into a mass grave intended for such purpose which shall serve as an open space/garden with a memorial wall on which the names of the dead deposited therein are written. Provided, however, that a mass grave shall be provided for those remains that are not cremated.
SECTION 14. CONSENT FOR CREMATION. -- The relative of the deceased within the fourth civil degree shall, prior to the cremation give his/her written consent under oath. That such written consent shall stipulate therein that such cremation is not for the purpose of committing any offense nor to hide criminal liabilities. (See House Rules.)
SECTION 15. INCENTIVES. -- Personnel administering or manning the crematorium shall receive five percent (5%) on each and every cremation done on non-residents (Category A-2) both fresh and bones.
SECTION 16. RECOMPUTATION. -- Re-computation of rates of cemetery services shall be reviewed by the City Cemetery Management Committee which shall be done yearly or as the need arises subject to the inflation rates prevailing at the time of the re-computation. Such re-computation shall be approved by the Sanggunian Panlungsod.
SECTION 17. HOUSE RULES. -- Details of rules and regulations and other guidelines not included in this ordinance are stipulated in the House Rules which shall be formulated and recommended by the Cemetery Administration with the assistance of the Technical Working Group (TWG) and to be approved by the City Cemetery Management Committee which shall then be concurred by the Sanggunian Panlungsod to form part as supplementary to the Rules and Regulations provided for in this Ordinance.
SECTION 18. CREATION AND COMPOSITION OF THE PAGADIAN CITY PUBLIC CEMETERY MANAGEMENT COMMITTEE (PCPCMC). -- The Pagadian City Public Cemetery Management Committee (herein referred to as PCPCMC or simply the COMMITTEE) shall be created through an Executive Order by the City Mayor supported by a resolution from the 13th City council and shall convene within ten (10) working days upon approval of the said EO and shall periodically meet thereafter or as the exigencies require.
Composition. - The Committee shall be composed of the following composition, viz:
Chairman : City Mayor
Co-Chairman : Vice Mayor
Vice-Chairman : The SP Committee on Infrastructure & Community Development
Secretariat/Member : The City Public Cemetery Administrator
Member : The City Planning & Development Officer
The City Engineer's Office
The City Environment & Natural Resources Officer
The Pagadian City Economic Enterprises Officer
The City Budget Officer
The City Civil Registrar
The City Public Information Officer
The City Legal Officer
The City Mayor as Chairman of the PCPCMC shall, by way of appointment or designation, choose any employee of the City Government of Pagadian who, in his discretion, has the technical knowledge and capability to efficiently handle the work and occupy the position of the City Cemetery Administrator that shall remain until the Ordinance on Reorganization be formulated. The City Cemetery Administrator shall be in-charge of the day-to-day operation of the Cemetery which shall be directly supervised by the Pagadian City Economic Enterprise Office (PCEEO), considered as the agency that directly oversee the operation of the cemetery. He/She is further tasked to prepare the Coffin Crypt Lease Agreement, Renewal Option/s Package and the Implementing Rules and Regulations (IRR) based on the guidelines set forth in this Ordinance.
The members of the PCPCMC shall, by virtue of its powers provided in Paragraph C hereof, upon its convening, appoint the members of the Technical Working Group (TWG) which composition is provided in Paragraph F of this Section except the City Cemetery Administrator who shall be automatically a member of TWG, shall submit the same within two (2) working days to the Chairman of the PCPCMC for approval.
B. Purposes of the PCPCMC. - The purposes and objectives of the PCPCMC is to oversee the coordination of all resources of the City Government in pursuing its mandate to provide and maintain adequate, decent, affordable and modern burial services for the greatest number of the bonafide city constituents and the introduction of improvements/development of the City Cemetery properties and upgrading of its services in line with the Development/Master Plan formulated and to carry out other relevant laws and ordinances.
C. Powers and Functions of the PCPCMC. - The Committee shall be vested with the following powers and functions, to wit:
C.1 To act as the coordinating body that shall oversee the operations, functions, affairs and activities of the City Public Cemetery through or in coordination with the City Public Enterprise Office in which the Public Cemetery is one of the divisions and shall have under its jurisdiction all the City Government Departments, task forces and other offices, for purposes of the implementation of this Ordinance. (Please See Organizational Structure);
C.2 To exercise its powers and functions where its jurisdiction shall be deemed expanded covering other cemeteries which the City Government may establish or develop in the future;
C.3 To implement and accomplish the Cemetery Development Plan that introduces physical improvements and upgrading of services of the cemetery and other relevant laws and ordinances;
C.4 To formulate, enforce and/or delegate the general and specific policies, rules and regulations of the City Public Cemetery as the Committee shall be deemed necessary for the proper administration of this Ordinance;
C.5 To propose, prescribe and impose updated fees for the services of the City Public Cemetery in accordance with the current laws, ordinances, rules and regulations;
C.6 To enter into contracts, covenants or agreements whenever necessary under such terms and conditions, as it may deem proper and reasonable, in relations to, but limited only, to cemetery activities;
C.7 To recommend administrative penalties to any employee for failure to comply with the directives of the Committee in relation to cemetery services; and
C.8 To exercise all powers as may be necessary or incidental for the attainment of the purposes and objectives of this Ordinance.
D. Duties of the City Cemetery Administrator. - The City Cemetery Administrator shall carry out the additional tasks, as follows:
D.1 To execute, administer and implement the policies and measures approved by the Pagadian City Cemetery Management Committee (PCPCMC);
D.2 To prepare the agenda and set the regular meetings of the PCPCMC and to submit for its consideration such policies, House Rules and measures as he or she may believe to be necessary to carry out the purposes of this Ordinance;
D.3 To watch over the day-to-day management and administrative functions over the personnel operating the City Cemetery; and
D.4 To exercise all other related functions that the PCPCMC may instruct him/her to perform or as the laws and this Ordinance may direct.
E. Technical Working Group (TWG). - The primordial duty of the Technical Working Group (hereinafter referred to as TWG) is to assist the PCPCMC in the conduct of its functions. The members of the TWG will be appointed by the PCPCMC which composition is provided in Paragraph F hereof, and shall serve as the main technical and administrative support unit of the Committee in accordance with, but not limited to, the provision of this Ordinance in line with the Development Plan of the City Public Cemetery, to wit;
E.5 To conduct a study and come up with recommendation of appropriate and updated fees for burial and cremation and other City Public Cemetery services to the PCPCMC for its approval and implementation in line with subsisting laws, ordinances, rules and regulations; and
E.6 To perform such other tasks as may be deemed necessary for the efficient implementation of the Cemetery Development Master Plan and effective management and promotion of the public health, peace and order and the general welfare over the City Public Cemetery.
F. Composition of the TWG. - The TWG shall, except for the City Cemetery Administrator who shall be automatically a member of the TWG, have one (1) representative each of the following offices, to wit:
The Office of the City Administrator
The City Planning and Development Coordinator (CPDC)
The City Cemetery Administrator
The City Health Office
The City Engineering Office
The City Environment and Natural Resources Office (CENRO)
The City Treasurer's Office
The City Budget Office
The City Legal Office
The Office of the Public Information
The Human Resource and Management Office
The Office of the Public Economic Enterprise
The Office of the Sanggunian Secretary
Representative from the concerned Barangay (location of the Public Cemetery)
The CENRO, CPDC and the City Engineering Office together with the concerned barangay where the Public Cemetery is located are tasked to strategized and maximize the long-term burial capacity of the Pagadian City Public Cemetery its land scaping, cleanliness and orderliness using innovative approaches in conformity to the "Cemetery Development/Master Plan."
SECTION 19. FALSIFICATION COMMITTEED BY AN EMPLOYEE OF THE CITY GOVERNMENT OF PAGADIAN/PRIVATE INDIVIDUAL. -- Any employee of the City Government of Pagadian who, with intent to violate any provision of this Ordinance, committed falsification or any unlawful acts shall be dealt with accordingly pursuant to and in accordance with the pertinent provision of the Revised Penal Code of the Philippines and Republic Act No. 3019 otherwise known as the "Anti-Graft and Corrupt Practices Act, and other related laws without prejudice to other penalties and/or disciplinary actions the City Government of Pagadian may imposed. Any private individual who connives with the malefactor shall be considered as public employee for purposes of this provision.
SECTION 21. PENAL PROVISIONS. -- Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be punished with a fine of not less than Five Hundred Pesos (P500.00) but not more than Five Thousand Pesos (P5,000.00) or imprisonment of not less than One (1) month but not more than six (6) months, or both, at the discretion of the court.
SECTION 22. NO CONTEST PROVISION. -- Any person, individual or entity who is apprehended or cited for the violation and who does not wish to contest the violation and is willing to pay voluntarily the minimum fine imposed upon him/her prior to the filling of formal charges with the proper court shall be allowed to pay the fine with the City Treasurer to avoid being criminally prosecuted within six (6) hours from apprehension, otherwise the case shall be filed and prosecuted against him/her.
SECTION 23. SEPARABITLITY CLAUSE. -- If for any reason, any provision of this Ordinance is declared unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
SECTION 24. REPEALING CLAUSE. -- All ordinances, resolutions, instructions and rules and regulations or parts thereof which are inconsistent with this Ordinance are hereby deemed repealed or modified accordingly.
SECTION 25. EFFECTIVITY. -- This Ordinance shall take effect immediately upon its approval and after publication for three (3) consecutive weeks in a newspaper of general of circulation in the City of Pagadian.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 132nd Regular Session on 08 June 2022 conducted via Video Conferencing.