CITY ORDINANCE NO. 2025-602
(Co-Sponsors: Committee on Laws, Rules & Policy Formulation; Committee on Health & Social Services and Committee on Youth Welfare, Juvenile Delinquency & Drug Abuse Prevention)
"AN ORDINANCE PROHIBITING ONLINE SEXUAL ABUSE AND EXPLOITATION OF CHILDREN (OSAEC) AND CHILD SEXUAL ABUSE OR EXPLOITATION MATERIALS (CSAEM) IN THE CITY OF PAGADIAN, INSTITUTIONALIZING PROGRAMS FOR ITS PREVENTION AND ERADICATION AND PROVIDING PENALTIES THEREOF, THEREAFTER ESTABLISHING A SUPPORTIVE ENVIRONMENT FOR CHILD VICTIMS, AND PROVIDING FUNDS THEREOF"
WHEREAS, Section 3, Article XV of the 1987 Philippine Constitution provides that "the state shall defend the rights of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;
WHEREAS, R.A. 7010 or the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act "provides that it is hereby declared to be the policy of the State to provide special protection to Children from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination;
WHEREAS, R.A. 7160 or the Local Government Code of 1991, states that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants;
WHEREAS, R.A. 7160 or the Local Government Code of 1991, provides that the Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan, as the legislative bodies of the Municipality, City, and Provinces, respectively, shall enact, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code;
WHEREAS, R.A. No. 11930 or the "Anti- Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act" provides that local governments shall pass an ordinance to localize efforts against OSAEC and CSAEM, take account local culture and norms, institutionalize community-based initiatives that address OSAEC and CSAEM at the barangay level, establish OSAEC and CSAEM prevention programs that aim to educate families against OSAEC and CSAEM, and provide a holistic local program for rehabilitation and reintegration under the local social welfare and development office including support and protection for victims and survivors;
WHEREAS, R.A. No. 11930 or the "Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act" declared it to be the policy of the State to provide special protections to children from all forms or sexual violence, abuse and exploitation especially those committed with the use of Information and Communication Technology (ICT), provide sanctions for their commission and carry out programs for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation of children in the digital and non-digital production, distribution or possession of child sexual or exploitation material;
WHEREAS, R.A. No. 11862 or the Expanded Anti Trafficking Act of 2022 was signed into law by President Rodrigo Duterte on 23 June 2022 which provided for the definition of Online Sexual Abuse of Exploitation of Children (OSAEC) and Child Sexual Abuse and Exploration Material (CSAEM) or Child Sexual Abuse Material (CSAM);
WHEREAS, Section 33 of R.A. 11930 or the Ant Online Sexual Abuse and Exploitation of Children Law provides that Local Governments shall pass an Ordinance to localize efforts against OSAEC and CSAEM, take into account local culture and norms, institutionalize community based initiatives that address OSAEC and CSAEM at the barangay level, establish OSAEC and CSAEM prevention programs that aims to educate families against OSAEC and CSAEM and provide a holistic local program for rehabilitation and reintegration under the local services welfare and development office including support and protection for victims and survivors;
WHEREAS, the City of Pagadian has and continues to demonstrate exemplary child friendly governance, pursuant to DILG MC No 2024-094, dated July 10, 2024, which in gist, integrates the enactment of Ordinance against OSAEC and CSAEM as one of the indicators of the Child-Friendly Local Governance Audit (CFLGA);
WHEREAS, the adoption of stronger legislative measures in support of online safety of children in the City of Pagadian will pave the way for the protection and development of the child and it will enhance local governance and strengthen the child protection if survivors are capacitated for leadership development, advocacy and participation;
NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian City, in session assembled: that:
Section 1. Short Title - This Ordinance shall be known as the "Anti-OSAEC/CSAEM Ordinance."
Section 2. Scope and Application - This Ordinance covers all households, internet and allied business establishments, private business establishments, government agencies and its facilities within the City of Pagadian.
Section 3. Declaration of Policy - The City of Pagadian hereby declares as policy that:
Each child is protected against the ill-effects of and the dangers of unsafe internet use and prevent online abuse and sexual exploitation;
Families, parents and guardians and their children are educated and well informed about positive parenting, specifically, guiding their children on the use and the adoption of internet or online-offline safety behaviors;
Persons in government offices and other public and private institutions are educated on OSAEC as it evolves and how to respond to technology-based trafficking in persons and are capacitated to respond according to their mandates.
Online businesses and other allied services/enterprises, such as, but not limited to data providers, money transfers, IT equipment providers and internet installers are compliant to existing laws and its provisions in ensuring online safety.
Section 4. Definition of Terms - For the purpose of this Ordinance, the following terms and phrases shall mean:
"Child" refers to a person below eighteen (18) years of age or over but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition.
A Child shall also refer to:
a.1 A person regardless of age who is presented, depicted or portrayed as a child defined herein;
a.2 Computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein.
"Child Sexual Abuse" refers to any form of communication through any platforms or format, or any physical interaction between a child and any person when the child is being used for any act or activity inducing sexual stimulation or for the purpose of sexual gratification or in pursuit of the desire to have carnal knowledge of the child, regardless of the gender of the perpetrator or the victim, or the consent of the victim.
"Child Sexual Exploitation" refers to any of the following acts even if consent appears to have been granted by the child:
Child sexual abuse with consideration whether monetary or non-monetary consideration, favor, or benefit in exchange for the opportunity to perform such abusive or exploitative act;
Actual sexual intercourse with a child or children with or without consideration;
Employing fraud, machination, undue influence, intimidation, threat or deception by any person to commit sexual abuse or sexual intercourse with a child or children; or
Any other similar or analogous acts related to child abuse, cruelty, or exploitation or to be responsible for other conditions prejudicial to the development of the child.
"Child Sexual Abuse or Exploitation Material (CSAEM) or Child Sexual Abuse Material (CSAM)" refers to any representation, whether offline, or by, through or with the use of ICT, by means of visual, video, audio, written, or any combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated sexual activities, or depicting acts of sexual abuse or exploitation of a child as a sexual object. It shall also include materials that focus on the genitalia or other private body parts of a child. For purposes of this Act, CSAEM may interchangeably be referred to as CSAM;
"Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purposes of accessing the internet, computer games or related services. This includes machines such as piso-net, etc.
"Online Sexual Abuse and Exploitation of children (OSAEC)" refers to the usage of digital or analog communication and ICT as means to abuse and exploit children sexually, which includes cases in which contact child abuse or exploitation offline is combined with an online component. This can also include the production, dissemination, and possession of CSAEM or CSAM; online grooming of children for sexual purposes; sexual extortion of children; sharing image-based sexual abuse; commercial sexual exploitation of children; exploitation of children through online prostitution; and live-streaming of sexual abuse, with or without the consent of the victim.
"Remittance Centers" refers to financial service providers that allow people to send or receive money to anyone within the country or abroad. They offer a traditional way to transfer money for Filipino without a bank account, Paypal account, and/ or internet connection.
"Sexual Abuse or exploitation material" refers to any online or offline representation, whether visual, audio or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or stimulated explicit sexual activities.
In the online platform, sexual abuse or exploitation materials shall include visual or audio or written materials or combination thereof which is distributed via email, text message, instant messaging, chat rooms, peer-to-peer file sharing networks, social media platform, and unencrypted and encrypted communication apps or traded on password-protected sites, bulletin boards and forums.
"Videotaped In-Depth Interview (VIDI)" shall mean a video recorded" inquiry or proceeding conducted by duly trained members of a multidisciplinary team or representatives of law enforcement or child protective services for the purpose of determining whether child abuse has been committed."
"Trauma-Informed Care" is an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of traumas and seeking to employ practices that do not traumatize or re-traumatize (National Child Traumatic Stress Network, 2020).
"Network of Care" refers to a Trauma-Informed Network of Government and Private Facilities and service providers within a region, offering Programs and services for OSEC Survivors and their families with a protocol that facilitates efficient and effective communication, coordination and collaboration in service delivery.
"Foster Care" refers to the provisions of planned temporary substitute parental care to a child by a foster parent. While Foster Child refers to a child placed under foster care, Foster Family Care license refers to the document issued by the DSWD authorizing the Foster parent to provide foster care. Foster Parent refers to a person, duly licensed by the DSWD, to provide foster care.
"Kinship Care" is the full-time care of a child by a relative or another member of the extended family.
"Survivor Network" an all-inclusive program for members in the Philippines from different case types of violence like child sexual abuse, commercial sexual exploitation, and online sexual exploitation of children, who desire and pursue safe communities through justice systems that protect the most vulnerable.
"Local Survivor Group" A group of survivors in specific region who have come together for a cause and to support one another. These groups may be affiliated with IJM, IJM partners, or others.
"Survivor Leadership" Survivors are individuals with experience and expertise to offer. Survivors can use their experience and expertise in a leadership capacity to empower and work with fellow survivors and community. Survivors Leadership means survivors are engaged as leaders who can shape programs or projects through their direct contributions; and survivors are impacting and leading the movement against violence and slavery.
Section 5. Prohibited Acts - The following are considered acts of online sexual abuse and exploitation of children and it shall be unlawful for any person to commit any of the following act:
Online child sexual abuse material- accessing, possessing, producing and/or distributing images and/or videos of child sexual abuse;
Grooming of child for sexual purposes- developing a relationship with a child to enable their sexual abuse and/or exploitation, either online or offline;
Live-streaming sexual abuse of children - using online video applications to view, and sometimes interact with the sexual abuse of children live;
Sextortion: coercing and blackmailing children for sexual purposes - producing and/or utilizing sexual images and/or videos depicting a child, for the purposes of sexual, financial or other personal grains;
Other unlawful or prohibited acts as provided under the Republic Act No. 9775 or "Anti -Child Pornography Act of 2009, Republic Act No. 11862 or the "Expanded Anti-Trafficking in Persons Act 2022" and Republic Act No. 11930 or the "Anti Online Abuse and Exploitation of Children Law".
Section 6. Role and Responsibilities of the LGUs - The Local Government of Pagadian City shall have the following roles and responsibilities, to wit:
Monitor and regulate the establishment and operation of internet cafes and kiosks or similar establishments to prevent violation of the Act;
Monitor and document cases of OSAEC and CSAEM, through the CSWDO, and ensure the regular submission of reports to the DSWD field Offices;
Effect the cancellation of licenses of establishment, which violate the provisions of R.A. 11930 and other related-laws and policies;
Undertake education and information campaigns to prevent and suppress OSAEC and CSAEM;
Assist, coordinate, and partner with the Social Welfare Development Office (CSWDO) in enhancing their resources or technical capabilities to implement anti-OSAEC and CSAEM program;
Establish and support community-based initiatives and prevention programs that aim to educate families against OSAEC and CSAEM;
Provide basic social services for the prevention, rescue, recovery, rehabilitation, and reintegration under the CSWDO, including aftercare support services to child victim survivors;
Assist and refer family of child victim-survivors for local employment, whether private or public, through the Public Employment Service Office (PESO), in coordination with DOLE, as part of the reintegration program of the government;
Enact and implement ordinances to localize efforts against OSAEC and CSAEM, taking into account local culture and norms;
Coordinate with the NCC-OSAEC-CSAEM and the DILG to ensure uniformity and consistency between the local ordinances or issuances, the Act, and the IRR;
Ensure the participation of the Sangguniang Kabataan (SK), and the allocation of sufficient funds from the SK funds and resources for the initiatives against OSAEC and CSAEM at the barangay level.
Strengthen, activate, and mobilize existing child-focused committees (BCPs, LCPCs and LCAT-VAWCs) councils, similar organizations, and LGUs at the provincial, city municipal, and barangay levels to prevent and suppress OSAEC and CSAEM;
Assist and support in the filing of cases;
Coordinate with, refer, and endorsed to the DSWD and/or other relevant agencies of government all cases of OSAEC and CSAEM depending on the child victim-survivor's needs; and
Provide technical assistance to Barangays to ensure that they also adopt local ordinances against OSAEC-CSAEM.
Section 7. Mandatory Services to Victims of Child Sexual Abuse or Exploitation - The City of Pagadian and City Social Welfare and Development Office (CSWDO) shall ensure that the child who is a victim of any form of child sexual abuse or exploitation is provided appropriate care, custody and support for their recovery and reintegration in accordance with existing laws.
The Child and his family shall be entitled to protection as well as to rights and benefits of witnesses under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act."
To ensure recovery, rehabilitation and reintegration into the mainstream of society concerned government agencies and the barangays shall make available the following services to victims of any form of child sexual abuse or exploitation:
Emergency shelter or appropriate housing;
Alternative Family-based care like Foster Care and Kinship Care;
Counseling;
Free Legal Services, which shall include information about the victim's rights and the procedure for filing of complaints, claims for compensation and such other legal remedies available to them in a language understood by the child;
Medical and/or psychological services;
Livelihood and skills training; and
Educational Assistance.
Support services to survivor empowerment, leadership development, advocacy and participation.
Sustained supervision and follow through mechanism that will tract the progress of recovery, rehabilitation and reintegration of the child victims shall be adopted and carries out.
Section 8. Appointment of Legal Officer to provide assistance to victim-survivors - A Legal Officer shall be appointed to ensure that victim-survivors are provided with legal services and assistance, which shall include information about the child victim-survivors rights and the procedure for filing of complaints, claims for compensation and such other legal remedies available to them in a language understood by the child.
Section 9. Case Referral - When a person has knowledge or information of facts or circumstances that a person is suspected to be a victim of OSAEC or other related trafficking or is about to be a victim of the same, he or she may immediately report the case to any of the following;
IACAT Action-line through 1343;
MAKABATA Helpline through 1383;
Barangay VAWC Desk Officer;
Members of the Local Council for the Protection of Child (LCPC);
Members of the Local Committee on Anti-Trafficking and Violence against Women and their Children (LCAT-VAWC);
CSWDO;
Local PNP;
Other Law Enforcement Agencies;
CSOs, NGOs, and faith-based Organizations
Section 10. Anti-Trafficking in Persons Database - The City of Pagadian through the LCAT-VAWC or through LCPC shall monitor and document cases of trafficking in person which includes the OSAEC-CSAEM Cases within the City of Pagadian.
The LCAT-VAWC is hereby tasked to ensure the harmonization if its database, including data requirements, definitions, reporting formats, data, collection systems, and data verification systems. Such database shall have at the minimum, the following information:
Number of cases of TIP, sorted according to the status of cases, including the number of cases being investigated, submitted for prosecution, dropped, and files and/or pending before the courts and the number of convictions and acquittals;
Demographic profile/information on each case (sex and age dis-aggregated);
Number of Victims of TIP referred to the agency by destination countries/area and by area of origin (sex and age dis-aggregated).
Section 11. Responsibility of Mall Owners/ Operators and Owners or Lessors of Other Business establishments - All mall owners/operators, and owners or Lessors of the other similar business establishment, like hotels, resorts, etc. Shall notify the Local PNP of the of the City of Pagadian or the NBI within 48 hours from obtaining facts and circumstances that child sexual abuse or exploitation is being committed in their premises. Provided, that public display of any form of child sexual abuse or exploitation within their premises is a conclusive presumption of the knowledge of the establishment owners/operators and owners or Lessors; Provided further that a disputable presumption of knowledge by the owners/operators and owners or Lessor of other business establishment should know or reasonably know that a violation of this Ordinance is being committed in their premises.
Photo development, information technology professional, credit card companies, remittance center and banks, and any person who has direct knowledge of any form of child sexual abuse or exploitation activities shall have the duty to report any suspected child sexual abuse or exploitation materials or transactions to the proper authorities within 18 hours from discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 21 of this Ordinance.
Section 12. Authority to Regulate Internet Cafe or Kiosk - The City Mayor's Office through the Business Permits Licensing Office (BPLO) shall have the authority to monitor and regulate the establishment and operation of internet cafe or kiosks, remittance center, or similar establishment, located within the City of Pagadian, to prevent violation of the provisions of this Ordinance.
All internet cafe and kiosks, as well as money remittance center, and all other establishment included in the preceding section should undergo a Seminar or Orientation on Online Sexual Exploitation and Abuse of Children (OSAEC), as a requirement prior to the issuance of a business permit, regardless of the kind of application whether it is new or renewal. Upon the discretion of the Business Permit and Licensing Office (BPLO), the said establishments may be issued a provisional license for a period of not more than three (3) months prior to the completion of the aforementioned OSAEC Seminars.
Section 13. Programs for Victims of Child Sexual Abuse or Exploitation - The Local Council for the Protection of Children (LCPC) shall develop and implement the necessary programs that will prevent any forms of child sexual abuse or exploitation as well as protect, heal and reintegrate the child into the mainstream of society. Such programs shall include but not limited to the following:
Provision of mandatory services including counselling free legal services, medical or psychological services, livelihood and skills training and educational assistance to the child pursuant to Section 8 of this Ordinance;
Sponsorship of a national research program on any form of child sexual abuse or exploitation and other acts covered by the law and the establishment of a data collection system for monitoring and evaluation purposes;
Provision of necessary technical and material support services to appropriate government agencies and non-governmental organizations (e.g. Mostly Financial support for training, needs of MDTs and network of care);
Sponsorship of conferences and seminar to provide venue for consensus building amongst the public, the academe, government , non-government and international organizations including the regional network of care;
Promotion of information and education campaign;
Survivor Empowerment, Leadership development, Advocacy and Participation; and
Establishment of a survivor network and local survivor support group.
As assessed and recommended by the Local Social Worker, the programs mentioned above shall also be provided to immediate family members of the child victim ONLY when they are not the offending party and that there is no indication of bias in favor of the perpetrator.
Section 14. Multi-disciplinary Case Management - In the handling and management of cases of child victims, the approach should be multi-disciplinary, and a Multi-Disciplinary Case Conference (MDCC) shall be conducted.
Multi-disciplinary Case Management brings together more than two groups of discipline or professionals from the different backgrounds and specializations and areas of expertise to organize and carry out work to address the holistic needs of the child survivor (and his/her family). It is a collaborative process of assessment, planning, implementation and review. (e.g law enforcers, social workers, from the Local and from the residential facility, psychologist, teachers and etc.)
Multi-Disciplinary Case Conference (MDCC) is a forum by which professionals having a major role in the handling of online child abuse and exploitation cases can share their professional knowledge, information or concern on the child/children. The case conference analyzes risks and recommends actions to be taken in relation to the welfare planning of the child/children and the family. All the information and discussions would be kept confidential.
Section 15. Training - Regular trainings and seminars shall be held to enable the members of the council to function efficiently. Similar training shall also be provided to the following officials and volunteers for the purpose of equipping them with the necessary knowledge and skills to prevent and suppress OSAEC in their area of jurisdiction or to assist in the monitoring investigation and prosecution of cases of OSAEC:
Barangay VAW-Desk Officers;
Law enforcement Officials
Social Workers
Teachers and Parents
Barangay-based volunteer groups, such as women and youth groups
Other stakeholders.
Section 16. Trauma-informed Care for Frontliners - In partnership with medical authorities and educational institutions, a program for counselling and stress management shall be developed for social workers and other frontline OSAEC responders.
Section 17. Establishment of a Healthy and Child-Friendly Space - The City of Pagadian shall establish a Local Child Protection and Response Center (LCPRC) that shall serve as a refuge for child victims in general. It shall provide for:
Temporary shelter for abused children
Interview rooms
Office for the City Inter Agency Council Against Online Sexual Abuse and Exploitation of Children and its Secretariat
The LCPRC shall be provided with adequate personal and administrative staff to effectively serve the best interest of children.
The LCPRC shall also serve as an assessment center to address the gap in the provision of comprehensive and timely assessments for OSAEC survivor placement as the basis for other partners in the Network of Care to provide case management.
The primary role of assessment centers is to provide a safe and temporary home for newly rescued OSEC survivors where they can receive specialized services and support for the start of their recovery;
The staff of the center are composed of a team of professionals (social workers, psychologist, counselor, medical doctor, and nurses) and paraprofessionals (house parents, security personnel and administrative assessment support staff) who provide critical care, specialized services and comprehensive assessment to newly rescued OSEC survivors. These staff members are expected to intentionally care for the children during their whole stay in the assessment center whilst employing trauma- informed care to support survivors in the recovery and development of attachment skills;
Concurrently, a case management team composed of the center social worker, psychologist, nurse and medical doctor, alongside a law enforcement officer and Lawyer, are designated to complete an individualized assessment of the child and his/her family.
The critical assessments undertaken at the center include, but are not limited to: Psychological assessment; medical assessment; psycho-social assessment and family assessment. The comprehensive assessments of the child and his/her family are critical in determining the permanency plan for the child, be it reunification with relatives or reintegration through other avenues such as: foster care; independent living; or adoption;
Through this center, the process of transitioning a child to a permanent placement option is expected to be fast-tracked rather than extending the child's stay long-term inside the shelter.
In the absence of a LCPRC or its equivalent center, a specific room in the LGU shall be established in accordance with the requirements of a child friendly space that shall serve the purpose of promoting the best interest of child victims. In the alternative, Community Day Care Centers shall be utilized as a Child friendly Space for processing and interview of children.
Section 18. Video In-Depth Disclosure Interview (VIDI) of the Child - to facilitate the proper assessment of the survivor and further support the prosecution of OSAEC Cases, the City of Pagadian shall establish at least one (1) room specifically designed to conduct VIDI pursuant to Rule 28 and 29 of the Rules on the Examination of the Child Witness. Considering the requirements of a Child Friendly Space, the room shall be adequately established with the proper personnel and equipment such as but not limited to one-way mirrors, cameras, recorders, etc.
In the absence of a LCPCR, or a fully equipped facility or room, the VIDI may be conducted in the room assessed by the social worker to be fit for a child interview pursuant to the requirements of a child friendly space, with a VIDI Mobile Kit.
There shall also be established a Multi-Disciplinary Team (MDT) that shall conduct VIDI on the child composed of the following social worker, properly trained police officer/investigator, psychiatrist/psychologist/licensed physician. The MDT shall be adequately trained in conducting VIDIs to ensure that they have a child protective mindset and that evidence derived from the same will be admissible in Court.
Section 19. VIDI Mobile Kit - The Pagadian City Police Station, the City Social Welfare and Development Office, and the LCPRC shall be provided with VIDI Mobile Kits which shall be comprised of the following:
Video Camera with Charger and Case
Tripod
Laptop with Charger and Case
Storage Media (SD Card and Flash Drives)
Extension Cord
Forms and Support Documents Folder
f.1. Informed Consent Form
f.2. Handling Log Sheet
f.3. Interview Guide and Script
f.4. Sample Joint Affidavit of Interviewer and Social Worker
f.5. Blank Acknowledgment Receipts
Section 20. Local Anti-OSAEC Prevention and Awareness Programs - The City of Pagadian shall conduct a robust prevention and awareness program and involving all sectors in the community to combat OSAEC. The Local Government shall declare a day in September as Anti-OSAEC Day to increase awareness against the crime and in line with the celebration of Family Month.
Section 21. Penalties - Without prejudice to penalties and fines as may be provided by other relevant laws, the following penalties for violations of any provisions of the Ordinance are hereby imposed as follows:
First Offense: The offender violating the Ordinance shall be penalized with a fine of Three Thousand Pesos (P3,000,00) and undergo a mandatory OSAEC Seminar;
Second Offense: The offender violating the Ordinance shall be penalized with a fine of Four Thousand Pesos (P4,000.00) and undergo a mandatory OSAEC Seminar; and
Third Offense: The offender violating the Ordinance shall be penalized with a fine of Five Thousand Pesos (P5,000.00) and undergo a mandatory OSAEC Seminar and imprisonment.
Business establishment found to have violated any of the provisions of this Ordinance shall be subjected to suspension (1st and 2nd offense) or revocation (3rd offense and more) of business permits.
In cases when any provision of this Ordinance is violated by any government agency, office or instrumentality, or any government employee, they shall be proceeded administratively.
"This Ordinance shall not preclude the prosecution of a case under Republic Act No. 11930 or the Anti-OSAEC Law by the Department of Justice National Prosecution Office, which shall have control over whether to file an OSAEC Offense under this Ordinance or the Law. It should be noted, however, that Section 21 of Article III of the Philippine Constitution states that "If an act is punished by a law and an Ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act."
Section 22. Funding - A minimum amount of Five Hundred Thousand Pesos (P500,000.00) shall be allocated for the implementation of this Ordinance.
The operation and activities of the Council and establishment of the LCPRC shall be considered as related to gender and development projects of the City and the funding therefore shall be part of the 5% gender and development funds for every year.
The funding, however, shall not be limited to the above mentioned source for so long as other sources may be available as permitted by law.
Partnership with NGOs, CSOs, and private enterprises/individuals is encouraged for the implementation of the Ordinance.
Section 23. Repealing Clause - The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances inconsistent with this Ordinance are hereby repealed or modified accordingly.
Section 24. Separability Clause - Should any portion of this Ordinance be declared ultra vires or unconstitutional by competent authority, the remainder not so affected shall continue to be in full force and effect as it is susceptible to enforcement and application.
Section 25. Effectivity - This Ordinance shall take effect upon its approval, fifteen (15) days after its publication for three (3) consecutive weeks in a newspaper of general circulation in the City.
ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 107th Regular Session held on 19 February 2025 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.
BALDOMERO FERNANDEZ
City Vice Mayor/Presiding Officer
Verified:
MONIQUE SHAIRA Y. TO
SP Member/Floor Leader
Attested:
ELKID P. NACUA
Secretary to the Sangguniang Panlungsod
Approved:
SAMUEL S. CO
City Mayor
Date:_________________