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Ord 2018 01

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49 views6 pages

Ord 2018 01

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© © All Rights Reserved
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Republic of the Philippines

Autonomous Region in Muslim Mindanao


Province of Sulu
Municipality of Hadji Panglima Tahil
_________________________________________________________________

ORDINANCE NO. 01
Series of 2018

“AN ORDINANCE PRESCRIBING THE GUIDELINES ON THE


IMPLEMENTATION OF PRE-EMPTIVE OR FORCED EVACUATION IN THE
MUNICIPALITY OF HADJI PANGLIMA TAHIL, SULU, WHEN A DISASTER
OR EMERGENCY IS ABOUT TO OCCUR AND DANGER OF LOSS OF
LIVES BECOMES IMMINENT”

BE IT ORDAINED BY THE SANGGUNIANG BAYAN OF HADJI


PANGLIMA TAHIL, SULU, THAT:

Section 1. Declaration of Policy. – It is the declared policy of the


municipality of Hadji Panglima Tahil to protect the lives and properties of
its residents at all times and whenever possible, mitigate the effects of
human-induced and natural disasters within the locality.

Section 2. Definition of terms. – The following terms are hereby


defined in this Ordinance:

a. Disaster – a serious disruption of the functioning of the community


or a society involving widespread human, material, economic or
environmental losses and impacts, which exceeds the ability of the
affected community or society to cope using its owned resources;
b. Evacuation – means an operation whereby all or part of a
particular population is temporarily relocated, whether voluntarily or
in an organized manner, from an area that has been or is about to
be struck by a disaster, to a place considered not dangerous for
health or safety;
c. Force Evacuation – an order from competent authority to forcibly
evacuate residents to an appropriate evacuation destination to
protect their lives during the onslaught of disaster;
d. Imminent Danger – means any condition in any place such that a
danger exists which could reasonably be expected to cause death
or serious physical harm immediately upon or before the occurrence
of any human-induced or natural disasters;
e. Incident Commander – is the person responsible for all aspects of
an emergency response, including quickly developing incident
objectives, managing all incident operations, application of all
resources as well as responsibility for all persons involved;
f. Pre-emptive – an order from competent authority to forcibly
evacuate residents to an appropriate evacuation destination to
forestall their exposure to an imminent disaster.

Section 3. Procedures on Enforcement of Pre-Emptive


Evacuation. – Upon assessment and determination by the Incident
Commander (IC) that pre-emptive evacuation of local residents is necessary,
the same shall immediately be enforced.
Section 4. Procedures on the Declaration of Forced Evacuation.
– Upon evaluation by the Incident Commander (IC) that forced evacuation of
local residents is necessary, the same shall recommend to the Municipal
Mayor for immediate declaration of forced evacuation.

On the basis of such recommendation, the Municipal Mayor shall


immediately declare the enforcement of forced evacuation and shall order,
but not limited to:

a. Establishment of evacuation centers or such places where the


internally displaced persons will be temporarily sheltered;
b. Designation of areas where vehicles provided by the municipal
government are on stand-by to transport local residents to the
identified evacuation centers;
c. Establishment of measures ensuring the safety and security of local
residents in the evacuation areas;
d. Establishment of measures to secure their properties from looting,
theft, robbery, etc. in the concerned area;
e. The necessity of the evacuated local residents to stay in the
aforesaid evacuation centers until there be another issuance that
the imminent danger within the affected area does not anymore
exist;

However, immediately after the declaration of forced evacuation


before actual enforcement thereof, the IC shall see to it that the local
residents are informed in dialect understandable and spoken by them, the
need for them to evacuate and that no other alternative way to ensure their
safety.

Section 5. Mobilization of other Government Agencies. – In


declaring the enforcement of forced evacuation, the members of the
Philippine National Police (PNP), the Armed Forces of the Philippines (AFP),
Philippine Coast Guard (PCG), Bureau of Fire Protection (BFP) and other
agencies assigned within the affected locality may be mobilized by the
Municipal Mayor.

Section 6. Refusal of Local Residents to leave their Homes or,


After Evacuating, Go Back therein without an Order allowing them
to do so. – In the event that the local residents refuse to leave their homes
or, after evacuating, go back to their homes/affected areas without an order
issued to this effect, the municipal government as well as the members of
the mobilized units may use such reasonable force that is commensurate
under the circumstances, to evacuate them from the area, without
discrimination and with conscious attention to the needs of vulnerable and
marginalized sectors such as children, women, the elderly and persons with
disabilities, with the end view that lives are safely secured.

Section 7. Training and Orientation on Pre-Emptive and Forced


Evacuation Procedures. – The Municipal Disaster Risk Reduction and
Management Office (MDRRMO) shall organize and facilitate the conduct of
training and orientation at least once a year on pre-emptive and forced
evacuation on possible human-induced and natural hazards.

During the aforesaid trainings and orientations, the MDRRMO shall also
discuss and highlight in a dialect understandable and spoken by the resident
topics on RA 10121, otherwise known as the Philippine Disaster Risk
Reduction and Management Act of 2010.

Section 8. Reportorial Clause. – Within twenty-four (24) hours upon


the declaration of pre-emptive or forced evacuation, the municipal mayor
shall report the declaration to the Municipal Disaster Risk Reduction and
Management Council (MDRRMC) and Sangguniang Bayan.

Section 9. Separability Clause. – If, for any reason, any part or


provision of this Ordinance shall be found to be unconstitutional or invalid,
other parts or provisions thereof which are not affected thereby, shall
continue to be in full force and effect.

Section 10. Repealing Clause. – All ordinances, rules and


regulations or parts thereof, in conflict with, or inconsistent to the provisions
of this ordinance are hereby repealed or modified accordingly.

Section 11. Effectivity Clause. – This Ordinance shall take effect


immediately after fifteen (15) days following the completion of its full
publication in the municipality of Indanan, Sulu.

Enacted this 16th day of February 2018, by the Sangguniang Bayan of


Hadji Panglima Tahil, Sulu.

CERTIFIED CORRECT: ATTESTED BY:

WILSON D. HASHIM NASIA T. GALIB


SB Secretary Municipal
Vice-Mayor/Presiding Officer

APPROVED:

ABRAHAM T. BURAHAN
Municipal Mayor
Republic of the Philippines
Autonomous Region in Muslim Mindanao
Province of Sulu
Municipality of Hadji Panglima Tahil
_________________________________________________________________

ORDINANCE NO. 02
Series of 2018

“AN ORIDNANCE PROVIDING FOR THE REGULATION AND CONTROL OF


THE USE OF FIRECRACKERS AND OTHER PYROTECHNIC DEVICES”

WHEREAS, Republic Act (RA) No. 7183 contains illustrative lists of what comprises
firecrackers and other pyrotechnic devices and provides for the regulation and control of their
manufacture, sale, distribution and use consistent with, and in furtherance of, public safety
order and national security as well as the enhancement of the cultural traditions;

WHEREAS, the said law authorizes the Philippine National Police (PNP), through its
Director-General to determine what constitutes prohibited firecrackers and other pyrotechnic
devices and to promulgate rules and regulations necessary to regulate and control their use
after public hearing and consultation with the firecrackers and pyrotechnic industry;

WHEREAS, local chief executives are likewise authorized to promulgate the necessary
rules and regulations on firecrackers and other pyrotechnic devices within their territorial
jurisdiction in conformity with the national standards, rules and regulations;

WHEREAS, as there continues to be substantial number of firecracker related injuries,


even casualties, recorded every year, some involving mere bystanders, then promulgation of
stricter national standards, rules and regulations is warranted; and further based on the
premises it is incumbent upon LGUs to similarly promulgate said rules and regulations;

NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE SANGGUNIANG


BAYAN, IN SESSION ASSEMBLED, BY VIRTUE OF THE POWER VESTED IN IT BY LAW, THAT:

Section 1. Community Fireworks Display. To minimize the risk of injuries and


casualties the use of firecrackers shall henceforth be confined to community fireworks display.

A display of fireworks qualifies as a community firework display if it complies with all of


the following conditions:

a. It is conducted on the occasion or as part of a celebration, competition or similar


event held in venue other than a place of residence.
b. It is conducted under the supervision of a trained persons duly licensed by the
PNP and
c. It is allowed by the municipality concerned through a permit specifying the date
and time of the fireworks display and the specific area in which the display will
be conducted in conformity with national standards, rules and regulations.

Section 2. Other Pyrotechnic Devices. Pyrotechnic devices other than firecrackers may
be used outside community fireworks display subject to existing laws, rules, and regulations.
Section 3. Prohibited Firecrackers and Pyrotechnic Devices. Pursuant to RA No. 7183,
the Director–General of the PNP through its COP in the LGU is hereby directed to promulgate
criteria for what constitutes prohibited firecrackers and pyrotechnic devices within thirty (30)
days from the effectivity of this Order and also to provide specific lists of such devices as may
be necessary for the guidance of the public, which will be disseminated to all concerned. All
fireworks falling under such criteria may not be manufactured, sold and distributed or used
even as part of a community fireworks display.

Section 4. Implementing Rules and Regulations. The Chief of Police (COP) in


coordination with the rural Health Unit (RHU), the MLGOO, the MENRO and Bureau of fire
Protection (BFP), after appropriate public consultation, shall promulgate rules and regulations
for the implementation of this Order, which shall include guidelines on allowable areas where
community fireworks display may be conducted. Such rules and regulations shall form an
integral part of the Implementing Rules and Regulations of RA N. 7183.

Section 5. Administration and Enforcement. The Local PNP in coordination with other
line agencies and the LGU shall primarily responsible for the enforcement of RA No. 7183 and
this Order, which shall include the conduct of inspections, and the confiscation and destruction
of prohibited firecrackers and pyrotechnic devices in accordance with law.

Section 6. Support of Other Government Agencies. All line agencies, including barangay
governments are directed to provided support and assistance required in the implementation
of this Order.

Section 7. Information Campaign. The RHU, DepEd, BFP, PNP, DENR and the Local
government unit shall conduct information campaigns on the danger of using fireworks.

Section 8. Report. The Local PNP, MLGOO and RHU shall submit a consolidated report to
the Municipal Mayor regarding the implementation of this Order with in thirty (30) days from
the effectivity of this Order and every six (6) months thereafter including statistics on the
victims of firecrackers and other pyrotechnic devices.

Section 9. Funding. The amounts necessary for the implementation of this Order shall
be sourced from the appropriations of the LGU.

Section 10. Separability. If any provision of this Executive Order is declared invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

Section 11. Effectivity. This Order shall take effect immediately.

DONE, in the Municipality of Hadji Panglima Tahil, Sulu, this 25th of October 2018.

I HEREBY CERTIFY to the correctness of the foregoing Ordinance No. 02 s. 2018.

WILSON D. HASHIM
SB Secretary
ATTESTED BY:

NASIA T. GALIB
Municipal Vice-Mayor/Presiding Officer

APPROVED:
ABRAHAM T. BURAHAN
Municipal Mayor

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