EXCERPTS FROM THE JOURNALS OF THE REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF CAMARINES SUR HELD AT THE SESSION

HALL, LEGISLATIVE BUILDING, PROVINCIAL CAPITOL COMPLEX, CADLAN, PILI, CAMARINES SUR ON APRIL 18, 2011

Present: Hon. Romulo O. Hernandez Designate Hon. Emmanuel F. Llaguno Hon. Ruperto R. Alfelor Hon. Warren A. Sear Hon. Charina F. Pante Hon. Rosito T. Velarde Hon. Darius S. Nopra Hon. Wilfredo Rex C. Oliva Hon. Rudito P. Espiritu, Jr. Hon. Angel G. Naval Hon. Alexander James D. Jaucian Hon. Domingo U. Briones Hon. Ronnel C. Estampa On Official Business: Hon. Fortunato C. Pea

- Board Member & Presiding OfficerBoard Board Board Board Board Board Board Board Board Board Board Board Member Member Member Member Member Member Member Member Member Member, Ex-Officio(PCL Pres.) Member, Ex-Officio(LnB Pres Member, Ex-Officio(SK Pres.)

- Vice Governor

ORDINANCE NO. 015 Series of 2011

AN ORDINANCE CREATING THE CAMSUR AIDS AWARENESS, e PREVENTION AND CONTROL COUNCIL, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS FOR ITS OPERATION, AND PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, it is a declared policy of the State to protect and promote the right to health of the people and instill health consciousness among them; it shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people; WHEREAS, Section 17 of Republic Act 7160, otherwise known as the 1991 Local Government Code, provides among others, that local government units, aside from being self-reliant, shall discharge the functions and responsibilities of national agencies and offices devolved to them, and shall exercise such other functions as are necessary, appropriate, or incidental to efficient and effective provision of basic services and facilities, which include health services and facilities; WHEREAS, Republic Act 8504, otherwise known as The Philippine Aids Prevention and Control Act of 1998, which created the Philippine National Aids Council (PNAC), provides among others, that Local Government Units shall conduct an educational and information campaign on HIV/AIDS; and in coordination and in cooperation with concerned government agencies, non-government organizations, persons with HIV/AIDS and groups most at risk of HIV infections, shall provide community-based HIV/AIDS prevention and care services; more-

Continuation of Ord. No. 015, series of 2011 Page ..2 of 15 WHEREAS, by virtue of PNAC Resolution No. 3, dated April 27, 2007, Regional AIDS Assistance Teams (RAATs) were created in every region to facilitate the development and scaling up of local AIDS responses in the country, whereby the Department of the Interior and Local Government (DILG), Department of Health (DOH), and the Department of Social Services and Development (DSWD) jointly issued Memorandum-Circular providing guidelines in the formation of RAATs and strengthening the interface and coordination among their offices in the complementation of their campaign against HIV/AIDS; WHEREAS, Department of Health (DOH) data shows that at the end of September, 2010, four (4) to five (5) people are reported daily with HIV in the Philippines, where a total of sixteen percent (16%) of reported HIV cases have AIDS, and nine out of ten HIV cases are transmitted through sexual contact; Majority (76%) of cases are males; WHEREAS, record of the Department of Health Center for Health Development (CHD-Bicol) shows that out of the thirty-seven (37) persons with Human Immunodeficiency Viruses (HIV) in the region, Camarines Sur has the highest with fourteen (14); and there are six (6) documented positive of Acquired Immune Deficiency Syndrome (AIDS) in Bicol as of 2009; and WHEREAS, in the promotion of the general welfare and in the delivery of health care services to the people, the Sangguniang Panlalawigan believes that it is only through an established, empowered and working multi-sectoral council that HIV/AIDS will be best prevented and controlled in the Province of Camarines Sur; NOW THEREFORE, on motion of Honorable Wilfredo Rex C. Oliva, which was duly seconded by Honorable Emmanuel F. Llaguno and Honorable Rosito T. Velarde; BE IT ORDAINED, by the Sangguniang Panlalawigan in session assembled, that: Chapter One. TITLE AND DECLARATION OF POLICY Section 1. Title. This Ordinance shall be known as the CamSur AIDS Awareness, Prevention and Control Council of 2011 . Section 2. Declaration of Policy. It is hereby declared the policy of the Provincial Government of Camarines Sur to promote and protect the welfare and well-being of the general public. It shall address, therefore, the growing global problem of HIV/AIDS and other Sexually Transmitted Diseases that recognizes no territorial, social, political and economic boundaries. In furtherance of this policy, the Province of Camarines Sur, in adherence to the declared policies of the State as provided in Republic Act 8504, otherwise known as The AIDS Prevention and Control Act of 1998, is committed to: more-

Continuation of Ord. No. 015, series of 2011 Page ..3 of 15 a. Promote public awareness about the causes, modes of transmission, consequences, and means of prevention and control of HIV/AIDS, through a comprehensive province-wide information and education campaign (IEC), which shall promote value formation and employ scientifically proven approaches focusing on the family as the basic social unit, and be carried out in all schools, training centers, workplaces, and communities. The IEC shall involve affected individuals and groups, including people living with HIV/AIDS. b. Extend to every person suspected or known to be infected with HIV/AIDS full protection of his/her human rights and civil liberties. Towards this end, it is hereby declared that: Compulsory HIV testing shall be considered unlawful; The right to privacy of individual with HIV/AIDS shall be guaranteed; Discrimination in all its forms of subtleties, against individuals with HIV/AIDS or persons perceived or suspected of having HIV shall be considered inimical to individuals interest; and Provision of basic health and social services for individual with HIV/AIDS shall be assured.

c. Promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission; d. Positively address and seek to eradicate conditions that aggravate the spread of HIV infection, including but not limited to poverty, gender inequality, prostitution, marginalization, drug abuse and ignorance; and e. Recognize the potential role of affected individuals in propagating vital information and educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.

Chapter Two. DEFINITION OF TERMS Section 3. Definition of Terms. When used in this Ordinance, the following terms are defined and construed as follows: a. Acquired Immune Deficiency Syndrome (AIDS) a condition characterized by a combination of signs and symptoms, caused by HIV contracted from other person and which attacks and weakens the bodys immune system, making the affected individuals susceptible to other life threatening infections.

b. AIDSWATCH a department (unit) in the Provincial Health Office created under this ordinance that shall be tasked in the conduct of seminars, monitoring and surveillance of AIDS/HIV/STDs cases. c. Behavioral Surveillance a systematic and regular collection of information on risks behaviors and co-factors of the transmission of HIV infection among selected population groups. moreContinuation of Ord. No. 015, series of 2011 Page ..4 of 15 d. Certificate of Attendance a health document issued by the PHO AIDSWATCH to concerned persons who attended the required seminar on AIDS/HIV/STDs education. e. Condom a thin protective barrier or sheath worn over the male or female external reproductive organ. f. Contact Tracing a method of finding and counseling the sexual partners of person who has been diagnosed as having a STD/s. g. Council refers to the CamSur AIDS Awareness, Prevention and Control Council created under this Ordinance. h. Discrimination a prejudicial act of making distinctions or showing partiality in the granting of privileges, benefits or services to a person on a basis of his/her actual, perceived or suspected HIV status. i. Entertainment Establishment business establishments that include, but not limited to, nightclubs, disco houses, cocktail lounges, massage clinics, videoke bars, sing-along pub houses and other similar establishments offering entertainments and required to secure a permit to operate in the Province of Camarines Sur. Health Worker a person engaged in health or health related work in hospitals, sanitary health infirmaries, health centers, rural health units, barangay health stations, clinics and other health related establishments.

j.

k. High Risk Behavior refers to a persons frequent involvement in a certain activities which increase the risk of transmitting or acquiring HIV. l. Human Immune-Deficiency Virus (HIV) refers to the virus which causes AIDS.

m. HIV/AIDS Education the provision of information on the causes, prevention and consequences of HIV/AIDS and activities designed to assist individuals to develop the confidence and skills needed to avoid HIV transmission and to develop more positive attitudes towards people living with HIV/AIDS.

n. HIV/AIDS Prevention and Control the program, strategies and measures aimed at protecting non-infected persons from contacting HIV and minimizing the impact of the condition on people living with HIV/AIDS. o. HIV Transmission The transfer of HIV from infected persons to uninfected one, more commonly through sexual intercourse, blood transfusion, sharing of intravenous needles, or from the mother to the fetus or infant.

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p. Medical Confidentiality refer to the relationship of trust and confidence created or existing between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist, and all other health worker or personnel involved in any counseling, testing, or professional care of the former. It also applies to any person who in any official capacity, has acquired or may have acquired such confidential information. q. Minor a person who is below eighteen (18) years of age. r. Peer Educator a person belonging to the same group or same social network to the target population, who is trained to conduct HIV/AIDS health education and activities. s. Person with HIV refers to an individual whose HIV test indicates directly or indirectly, that he/she is infected with HIV. t. Prophylactic refers to any agent or device used to prevent the transmission of the disease, i.e. condom. u. Reproductive Health it is a state of complete, physical, mental and social well-being and not merely the absence of disease and infirmity in all matters relating to the reproductive health system and its function. v. Serological Surveillance a systematic and regular collection of blood samples to identify the distribution and trends of HIV infection among selected groups. w. Sexually Transmitted Diseases (STDs) - any disease that is acquired or transmitted through sexual contact. x. Subpoena ad testificandum a procedure of a competent court inviting a person to testify as a witness during a court trial or any investigation

conducted under the law of the Philippines. It is commonly referred to as subpoena. y. Subpoena duces tecum - a procedure whereby a competent court requires a person to appear in court to present or provide specified documents and/or materials under his control, which may be used as evidence. z. Voluntary HIV Testing - refers to HIV testing done on an individual who, after having undergone pre-test counseling, willingly submits himself/herself to such test. aa. Yellow Card a health document issued by the PHO through the local health offices to individual entertainers who are required to regular medical examination which contains vital information about the holder and the latters medical records. bb.Passive Surveillance refer to HIV registry in which the health authorities receive reports from physicians, clinics and laboratories of HIV/AIDS confirmed cases. cc. Active Surveillance refer to sentinel serologic surveillance which is the systematic and regular collection of blood samples to identify the distribution and trends of HIV infection among selected groups.

moreContinuation of Ord. No. 015, series of 2011 Page ..6 of 15 Chapter Three. - THE COUNCIL Section 4. Creation. There is hereby created a multi-sectoral council for the prevention and control of Acquired Immune Deficiency Syndrome (AIDS), Human Immunodeficiency Virus (HIV), and other Sexually Transmitted Diseases (STD) in the Province of Camarines Sur; hereinafter, shall be referred to as Council, for brevity. Section 5. Composition. The Council shall be composed of the following: Chairman Vice-Chairman Members and Development, Women and Family Relations Provincial Health Officer All Chairman of Established City/Municipal AIDS Council All City/Municipal Health Officers Provincial Legal Officer Provincial Tourism Officer The Governor Vice-Governor SP Chairman of the Committee on Health SP Chairman of the Committee on Gender

DOH, CHD-Bicol Representative DILG Provincial Officer PNP Provincial Director Provincial Social Welfare

Development

Officer

DepEd Schools Division Superintendent CHED Representative TESDA Representative Philippine National Red Cross Philippine information Agency League of Municipalities President Liga ng mga Barangay Provincial Federation President SK Provincial Federation President Philippine Hospitals Association President Philippine Medical Association President Philippine Nurses Association President Philippine Medical Technologists Association President Rural Sanitary Inspectors Representative KBP President; Camarines Sur Chapter Entertainment Establishments Association Representative Peer Educators Representative; Representative from the Vulnerable Groups, namely: * Persons in Prostitution (PIPS) * Gay Society * Migrant Workers Two (2) NGO Representatives Working Against AIDS; Based in Camarines Sur. moreContinuation of Ord. No. 015, series of 2011 Page ..7 of 15 Section 6. Powers, Duties and Functions. The Council shall be the central advisory and policy-making body for the prevention and control of AIDS, HIV, and other STDs in the Province. It shall serve as the mother organization of all city/municipal AIDS council in the Province of Camarines Sur, and shall perform the following powers, duties and functions: a. formulate policies and strategies for the prevention and control of AIDS/HIVS/STDs in the province; b. prepare short, medium, and long term plans/programs/activities that will address AIDS/HIV/STDs problem;

c. coordinate the activities and strengthen good working relationships between government offices, non-government and peoples organizations, and all stakeholders involved in the campaign against STDs/HIV/AIDS; d. initiate and implement programs, in coordination and cooperation with concerned government agencies and the civil society, that will provide care and support to persons with HIV/AIDS, including their families; e. recommend to the Sangguniang Panlalawigan legislative measures that will best promote and protect public health against the proliferation of sexually transmitted diseases; f. perform such other duties and functions pursuant to law, issuances, ordinances and resolutions; Section 7. Meeting. The Council shall meet quarterly, or as often as may be necessary, in a place designated in the notice of meeting which shall be served at least three (3) days before the schedule. Section 8. Secretariat. There is hereby constituted a secretariat that shall be responsible for the documentation of proceedings, preparation of reports, and such other assistance as may be required in the discharge of the functions of the Council. The Secretariat shall be headed by the Provincial Health Officer who shall designate from among his staff an AIDS/HIV/STDs coordinator who shall submit a semi-annual report to the Governor and Sangguniang Panlalawigan concerning the activities and accomplishments of the Council. Section 9. Office. The Council and the secretariat shall hold office at the Provincial Health Office. Section 10. Executive Committee. a) The Council shall create an Executive Committee to represent it and act in its behalf; b) The composition of the Executive Committee shall be as follows: Chairman Vice-Chairman Members The Governor Vice-Governor SP Chairman, Committee on Health Provincial Health Officer

moreContinuation of Ord. No. 015, series of 2011 Page ..8 of 15 DILG Provincial Officer DepEd Schools Division Superintendent League of Municipalities President (Cam. Sur) Association of Municipal Health Officers of the Philippines (AMHOP) President, Cam. Sur Philippine Information Agency Head (Cam. Sur) Philippine National Red Cross Administrator NGO Representative c) The Executive Committee shall exercise the following duties and functions: 1. Act on matters requiring immediate action of the Council;

2. Formulate policies, plans and programs based on the general principles laid down by the Council; 3. Act on other matters that may be authorized by the Council. Section 11. Standing Committees. - The Council shall create Standing Committees, which shall include, but not limited, to the following: a) information and education b) monitoring and surveillance c) coordination and networking d) health care and support services e) finance f) legal services Chapter Four. - AIDSWATCH Section 12. AIDSWATCH. a) There is hereby created an AIDSWATCH department (unit) in the Provincial Health Office, hereinafter, shall be referred to as AIDSWATCH. b) The PHO AIDS/HIV/STDs coordinator shall head the AIDSWATCH and shall be responsible in the conduct of seminars pertaining to the awareness, prevention and control of AIDS/HIV/STDs, in coordination with concerned agencies and offices, in schools, government and private workplaces, including call centers, barangays, OFWs placement agencies, tourist destinations, and entertainment establishments within the province of Camarines Sur. c) The AIDSWATCH shall monitor AIDS/HIV/STDs cases through passive and active surveillance. Active surveillance includes conduct of a yearly AIDS/HIV/STDs serological and behavioral surveillance among the people with high-risk sexual behavior or those who by the nature of their work is prone to contacting STD/HIV/AIDS. d) All City/Municipal Health Officers shall designate an AIDS/HIV/STDs coordinator who shall be the representative in the AIDSWATCH department (unit). moreContinuation of Ord. No. 015, series of 2011 Page ...9 of 15 Chapter Five. - EDUCATION AND INFORMATION Section 13. Prophylactic Measures and Other Information Materials on AIDS/HIV/STDs. The Council, in coordination with the Department of Health, shall ensure the availability and accessibility of preventive and control measures and information materials about AIDS/HIV/STDs in all government hospitals, rural health units (RHUs), barangay health centers and other similar government offices/edifices

involved in the delivery of health services. It shall also provide information materials to privately-run hospitals, clinics and similar establishments engaged in providing health services. Section 14. Information Campaign for Tourists and Transients. In coordination with the Department of Tourism, Department of Transportation and Communication and DOH, informational AIDS or materials on the causes, modes of transmission, prevention, and consequences of HIV infection shall be adequately provided at all ports of entry and exit in the province, including tourists destinations and recreation places. Section 15. Provision of Information Materials in Entertainment Establishments. Information materials pertaining to the prevention and control of STD/HIV/AIDS shall be adequately provided or available at all entertainment establishments, including hotels, motels, inns, lodging/pension houses, videoke bars, beer houses, and similar establishments, and posters bearing prevention messages shall be posted within the premises of the herein mentioned establishments, particularly in the dressing rooms and comfort rooms. Section 16. Availability of Prophylactics. The above-mentioned establishments are hereby required to make prophylactics or condoms available within their establishments to prevent STD/HIV/AIDS. Section 17. Participation of Information Agencies and the Tri-Media on Spreading the News, not the Virus. - To ensure the widest dissemination on the awareness, prevention and control of AIDS/HIV/STDs of the public, the Council, in cooperation with the Philippine Information Agency, shall coordinate with, and encourage the active participation of the tri-media in its information and education campaign. Chapter Six. - MONITORING Section 18. Monitoring Program. The Council, through AIDSWATCH, shall establish a comprehensive monitoring program to determine and monitor the magnitude and progression of AIDS/HIV/STDs cases in the province, and to evaluate the adequacy and efficiency of the countermeasures being employed by the Council and other stakeholders fighting against the proliferation of the diseases. Section 19. Reporting. All hospitals, clinics, laboratories, and testing centers for STD/HIV/AIDS is required to immediately report to the Council through the Provincial Health Office any identified STD/HIV/AIDS. They shall, however, adopt measures in assuring the reporting and confidentiality of any medical record, personal data, and file, including all data which may be accessed from various data banks of information systems to the Provincial Health Office. moreContinuation of Ord. No. 015, series of 2011 Page ..10 of 15 Section 20. Contact Tracing. STD/HIV/AIDS contact tracing and all other related health intelligence activities may be pursued by the Council through the PHO AIDSWATCH unit; Provided, such shall not contravene to the general purpose of R.A. 8504. Provided, further, that any information gathered shall remain confidential and classified, and can only be used for statistical and monitoring purposes and not as

basis or qualification for any employment, school attendance, freedom to abode, or travel. Chapter Seven. - HIV TESTING Section 21. Consent as a Requisite for HIV Testing. - No compulsory HIV testing shall be allowed. However, the Council shall encourage voluntary testing for individuals with a high risk for contracting HIV; Provided, that written informed consent must first be obtained. Such consent shall be obtained from the person concerned if he/she is of legal age or from the parents of legal guardian in the case of minor or mentally incapacitated individuals. Lawful consent to HIV of a donated human body, organ, tissue or blood shall be considered as having been given when: a. A person volunteers or freely agrees to donate his/her blood, organ or tissue for transfusion, transplantation, or research; b. A person has executed a legacy in accordance with Section 3 Republic Act No. 7170, also known as the Organ Donation Act of 1991 c. A donation is executed in accordance with Section 4 of Republic Act No. 7170. Section 22. Prohibitions on Compulsory HIV Testing. - Compulsory HIV testing as a precondition to employment, admission to educational institutions, the exercise of freedom of abode, entry or continued stay on the province, or the right to travel, the provision of medical service or any kind of service, of the continued enjoyment of said undertakings shall be deemed unlawful. Chapter Eight. - CONFIDENTIALITY Section 23. Medical Confidentiality. All health professionals, medical instructors, workers, employers, hospitals, laboratories, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of persons with STD/HIV/AIDS. Confidentiality shall encompass all forms of communication that directly or indirectly lead to the disclosure of information on the identity of health status of any person who undergoes HIV testing or diagnosed to HIV. This information may include but is not limited to the name, address, picture description or any other characteristic of a person which may lead to his/her identification. moreContinuation of Ord. No. 015, series of 2011 Page ..11 of 15 Section 24. Exceptions to the Mandate of Confidentiality . Medical confidentiality shall not be considered breached in the following circumstances: a) when complying with reportorial requirements in relation with the monitoring program as provided in Chapter Six of this Ordinance;

b)

when informing other health workers directly involved or about to be involved in the treatment or care of a person with HIV/AIDS: Provided, that, such treatment or care carry the risk of HIV transmission; Provide, further, that such workers shall be obliged to maintain the shared medical confidentiality; and c) when responding to a subpoena duces tecum and subpoena ad testificandum issued by the Court with jurisdiction over a legal proceedings where the main issue is the HIV status of an individual; Provided, that, the confidential medical record shall be properly sealed by its lawful custodian after being double checked for accuracy by the head of the office or department, hand delivered, and personally opened by the judge: Provided, further, That the judicial proceedings be held in executive session. Section 25. Release of HIV/AIDS Test Results. All results of HIV/AIDS testing shall be confidential and shall be released only to the following persons: a) the person who submitted himself/herself to such test; b) either parent/guardian of a minor child who has been tested; c) legal guardian in the case of insane persons or orphans;

d) a person authorized to receive such result in conjunction with the surveillance program of the AIDSWATCH and in accordance with the provisions of Section 27 of R.A. 8504; and e) a justice of the Court of Appeals or the Supreme Court, as provided in accordance with the provisions o Section 16 of R.A. 8504. Chapter Nine. - DISCRIMINATORY ACTS Section 26. Discrimination in the Workplace. Discrimination in any form from pre-employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status is deemed unlawful. Section 27. Discrimination in School. No educational institution shall refuse admission, expel, discipline, isolate, and deny participation, benefits, or services to a student or prospective student on the basis of his/her actual, perceived or suspected HIV status. Section 28. Restriction on Travel and Habitation. The freedom of abode, lodging and travel of a person with HIV shall not be abridged. No person shall be quarantine or place in isolation, or refused lawful entry into or deported from the territorial jurisdiction of the province on account of his/her actual, perceived or suspected HIV status. Section 29. Inhibition from Public Service. The right to seek any elective or appointive public office shall not be denied to a person with HIV. moreContinuation of Ord. No. 015, series of 2011 Page ..12 of 15

Section 30. Exclusion from Credit and Insurance Services. All credit and loan services, including health, accident and life insurance shall not be denied to a person on the basis of his/her actual, perceived or suspected HIV status. Provided, that the person with HIV has not concealed or misrepresented the fact to the insurance company upon application. Extension and continuation of credit and loans shall likewise not be denied on the basis of said health condition. Section 31. Discrimination in Hospitals and Health Institutions . No person shall be denied health care service or be charged with a higher fee on account of actual, perceived or suspected HIV status. Section 32. Denial of Burial Services. - A deceased person who had AIDS or who was known, suspected or perceived to be HIV positive shall not be denied any kind of decent burial services. Chapter Ten. - SPECIAL PROVISIONS RELATING TO THE OPERATION OF ENTERTAINMENT ESTABLISHMENTS Section 33. Mandatory STD/HIV/AIDS Education. It shall be mandatory for all operators, managers and/or owners, entertainers and similar employees, of entertainment establishments, situated within the territorial jurisdiction of the Province of Camarines Sur, to attend seminars on STD/HIV/AIDS education conducted by AIDSWATCH of the Provincial Health Office, or any NGOS accredited by the Provincial Government to conduct the same, otherwise, issuance/renewal of license/permit to operate shall not be granted. Section 34. Certificate of Attendance. - A certificate of attendance shall be issued by AIDSWATCH to the above-named persons as a proof that they have attended and completed the required seminar. Any entertainer or employee who did not attend the seminar as prescribed herein shall not be allowed to work in any entertainment establishment. Section 35. Regular Medical Examination. To ensure personal and public safety, all entertainers and others with similar occupation shall undergo a compulsory Pap smear and gram staining medical check-up at least twice a month, to be conducted on regular basis at their respective local health centers or at the PHO. They shall be issued a yellow health card which they should bring at their workplace for inspection purposes. Section 36. Yellow Health Card. There shall be a uniform yellow card issued to individual entertainers and others with similar occupation by the PHO through the city/municipal health offices that conduct the regular medical check-up. The yellow card shall bear the following information of the holder, such as, but not limited to: name, age (as evidenced by birth certificate duly authenticated by the National Statistics Office), address, workplace and picture; the findings and the signature of the health worker conducting shall also appear opposite every date of check-up. more-

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Section 37. Peer Educator. All registered entertainment establishments should be required to have at least one (1) peer educator who shall be trained by the council/PHO AIDSWATCH to conduct HIV/AIDS education in the workplace. Section 38. Compilation of Roster of Entertainers/Employees. The secretariat shall maintain a roster of entertainers/employees in entertainment establishment operating in the province. The updated list shall be submitted quarterly by the owners/managers, indicating vital information same as appearing in the yellow card, at the PHO. The City/Municipal AIDS Council where the establishment is located shall be furnished with the list. For this purpose, the cities and municipalities in the province are hereby directed to organize their local AIDS council. Section 39. Submission of Policies. It shall be compulsory for all operators and/or managers of entertainment establishments to provide the Council, through the PHO, of their policies relative to the prevention and control of STDs/HIV/AIDS in their workplace. Said policy shall be submitted, as a pre-requisite, for the issuance/renewal of permit/license to operate by the competent authority. Section 40. Regular Inspection. - The City/Municipal Health Officers, in coordination with their respective local AIDS council and assisted with the PNP and DSWD in their locality, shall conduct a regular monthly ocular inspection in the entertainment establishments. The Camsur AIDS Council shall from time to time conduct a similar inspection. Section 41. Prohibited Acts. The following are prohibited in the operation of entertainment establishments a) employment of minors; b) allowing the presence of minors within the premises of the establishment; c) presentation of lewd shows and other entertainment activities that violates gender sensitivity accepted standards of morality and decency; d) maintaining facilities such as private/VIP rooms with locks, nontransparent partitions with walls or with form of obstruction from public view that may facilitate the performance of illegal activities, such as prostitution, use of illegal drugs, acts of lasciviousness, or any other acts that violate women and childrens rights; e) dismissing/penalizing employees by reason of rejecting a customer/client due to sexual advances; f) other similar acts that are contrary to public morals and decency; and g) any other acts in violation of the provisions in the preceding sections of this Chapter. Chapter Eleven. - PENAL PROVISIONS Section 42. Penalty. Any acts or omissions which are in violation of any of the provisions of this ordinance, and where no penalty is specifically provided under Republic Act 8504, and other related laws, shall be imposed with the following punishment:

moreContinuation of Ord. No. 015, series of 2011 Page ..14 of 15 a) First Offense Fine of Two Thousand Pesos (P2,000.00) Fine of Three Thousand Pesos (P3,000.00) Fine of Five Thousand Pesos (P5,000.00) or imprisonment of not less than six (6) months, but not more than (1) year, or both in the discretion of the court, and revocation of license to operate in case of business establishment. Chapter Twelve. DECLARATION OF AIDS DAY AND ADVOCACY

b) Second Offense c) Third Offense -

COMMEMORATION MONTH
Section 43. World AIDS Day. - Every December 1 of the year shall be declared AIDS Day in the Province of Camarines Sur in support to the World AIDS Day, and to honor all those affected by the AIDS pandemic, as well as to educate about HIV/AIDS, and create community dialogue about prevention, care, and treatment for the disease. Section 44. AIDS Advocacy Commemoration Month. In commemoration of, and by paying tribute to, the persons who died with AIDS, the month of May is hereby declared as Advocacy Commemoration Month in support to the celebration of the International AIDS Candlelighting Memorial Day which is held every 3 rd Sunday of May. In observance thereto, the Council shall conduct activities a) honoring the memory of those lost to AIDS; b) showing support for those living with HIV and AIDS; c) raising community awareness and decrease stigma related to HIV/AIDS; and d) mobilizing community involvement in the fight against HIV/AIDS. Chapter Thirteen. APPROPRIATIONS/FUNDING Section 45. Appropriations. The amount of Five Hundred Thousand Pesos (Php 500,000.00) shall be initially appropriated for the maintenance and operation of the Council. Thereafter, funding thereof shall be included in the annual budget of the province. Section 46. Grants and Donations. Grants and donations and other funds that are intended for the prevention and control of HIV/AIDS shall be directly managed by the Council Chapter Fourteen. - FINAL PROVISIONS Section 47. Implementing Rules and Regulations. Within two (2) month after the constitution of the Council, which shall not be later than two (2) months after the effectivity of this Ordinance, the Council shall prescribe and promulgate such rules and regulations, as may be necessary, for the proper implementation of this Ordinance.

Section 48. Separability Clause. If for any reason, any provision of this Ordinance is declared unconstitutional or invalid, other provisions hereof, which are not affected thereby, shall continue to be in full force and effect. moreContinuation of Ord. No. 015, series of 2011 Page ..15 of 15 Section 49. Repealing Clause. All ordinances, resolutions, and local issuances or rules, which are inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 50. Effectivity. This ordinance shall take effect immediately after its publication. ENACTED. CERTIFIED BY: JOSELITO F. FIGURACION Provincial Secretary AUTHORED/SPONSORED BY: NOTED:

WILFREDO REX C. OLIVA Board Member Government ATTESTED BY:

EMMANUEL F. LLAGUNO Chairman - Comm. on Rules, Internal and Public Accountability

ROMULO O. HERNANDEZ Board Member and Presiding Officer-Designate APPROVED: LUIS RAYMUND F. VILLAFUERTE, JR. Governor Date:
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