Republic of the Philippines
Province of Iloilo
12th Sangguniang Panlalawigan
COMMITTEE REPORT NO. 24-2018
Committee on Health and Sanitation
To : The Honorable Presiding Officer and Floor Leader
From : Committee on Health and Sanitation
Subjects : City Ordinance No. 2018-040 of Passi City, Iloilo, “An Ordinance
Creating the City of Passi Multi-Sectoral STI, HIV/AIDS
Prevention and Control Council and its Technical Working Group
(TWG); for the Prevention and Control of Sexually Transmitted
Infection (STI), Human Immunodeficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS); Defining its Functions,
Providing Response, Appropriating Funds, Imposing Penalties for
Violations Thereof and other Related Purposes.”
The above subject matter was referred to the Committee on Health and
Sanitation during the 111th Regular Session of the 12th Sangguniang Panlalawigan last
August 14, 2018 for study, comment, and recommendation.
The Council was created to be the central advisory, planning and policy-making
body for the prevention and control of Sexually Transmitted Infection (STI), Human
Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS).
The Committee on Health and Sanitation, to which the ordinance was referred,
has considered the favorable opinion rendered by the Provincial Legal Office through
Atty. Teopisto Melliza, Attorney III, duly noted by Atty. Dennis Ventilacion, Provincial
Attorney, which held that the municipal ordinance above is valid. It aims to create public
awareness and prevent the spread of Sexually Transmitted Infection (STI), Human
Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) and
related diseases, which is an implied mandate of the Sangguniang Bayan pursuant to
Section 4471 in relation to Section 162, both RA 7160. In as much as it carries penalties,
compliance to section 593 of RA 7160 is respectfully suggested prior to implementation.
Section 447, 16 and 59 of RA 7160
Section 447. Powers, Duties, Functions and Compensation. –
(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the municipality and its
inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers
of the municipality as provided for under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective
municipal government, and in this connection shall:
(iii) Approve ordinances imposing a fine not exceeding Two thousand five
hundred pesos (P2,500.00) or an imprisonment for a period not exceeding six
(6) months, or both in the discretion of the court, for the violation of a
municipal ordinance;
(iv) Adopt measures to protect the inhabitants of the municipality from the
harmful effects of man-made or natural disasters and calamities and to provide
relief services and assistance for victims during and in the aftermath of said
disasters or calamities and their return to productive livelihood following said
events;
(v) Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, vagrancy, mendicancy,
prostitution, establishment and maintenance of houses of ill repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to
the welfare and morals of the inhabitants of the municipality;
Section 16. General Welfare. - 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.
Section 59. Effectivity of Ordinances or Resolutions. -
(c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation
within the province where the local legislative body concerned belongs. In the absence of any newspaper of
general circulation within the province, posting of such ordinances shall be made in all municipalities and
cities of the province where the sanggunian of origin is situated.
In view of the foregoing considerations, the Committee respectfully recommends
the ADOPTION of this Committee Report and the approval of Resolution declaring
Municipal Ordinance No. 2018-040 of Passi City, Iloilo as legal and valid.
Respectfully submitted.
Province of Iloilo, August___, 2018
Iloilo Provincial Capitol
HON. LIECEL MONDEJAR-SEVILLE
Chairman
HON. BRYANT PAUL Q. BIRON
Vice Chairman
Members:
HON. JENEDA SALCEDO-ORENDAIN HON. LORENZ R. DEFENSOR
HON. RENEE L. VALENCIA HON. MARCELO VALENTINE. SERAG
HON. CHRISTINE “TINGTING” S. GARIN
