Republic of the Philippines

PROVINCE OF MISAMIS OCCIDENTAL

MUNICIPALITY OF PLARIDEL
OFFICE OF THE SANGGUNIANG BAYAN
“Making lives better through quality legislation.”
SANGGUNIANG BAYAN SANGGUNIANG BAYAN SANGGUNIANG BAYAN SANGGUNIANG BAYAN SANGGUNIANG BAYAN SANGGUNIANG BAYAN SANGGUNIANG BAYAN

Office Mobile Number: 0910-7417505 E-mail: chic_alberando@yahoo.com

EXCERPT FROM THE MINUTES OF THE 10th REGULAR SESSION OF THE

(2016–2019) 28th SANGGUNIANG BAYAN OF PLARIDEL, MISAMIS
OCCIDENTAL FOR CY 2018 HELD AT THE SESSION HALL, LEGISLATIVE
BUILDING ON APRIL 4, 2018, 2:35 PM

PRESENT:
Hon. MARILOU V. YAP SB Member/Temp. Presiding Officer
Hon. ALLAN B. LAPUT SB Member
Hon. JUDEL R. TY SB Member
Hon. PRINCE KIEN M. BANDIALA SB Member
Hon. ALGELYN B. PARADIANG SB Member
Hon. CHARLITO T. TAN SB Member
Hon. RENE C. BAJE SB Member
Hon. TEDDY R. TATAD SB Member
Hon. ROLANDO MANUEL C. TY SB Member/Liga Fed. President

ON OFFICIAL BUSINESS:
Hon. JIM S. TAN Vice Mayor

MUNICIPAL ORDINANCE NO. 4 - 2018

ANTI – TRUANCY ORDINANCE OF THE MUNICIPALITY OF PLARIDEL,

PROVINCE OF MISAMIS OCCIDENTAL

BE IT ORDAINED, by the Sangguniang Bayan in Session, that:

SECTION 1. TITLE. – This Ordinance shall be known as an “ANTI-TRUANCY

ORDINANCE” of the Municipality of Plaridel, Misamis Occidental.

SECTION 2. PURPOSE. – This Ordinance aims to uphold the interest of the

students/children through preventing them from loitering outside the school during
school hours and protecting them in becoming Children- at-Risk (CAR) and/or Children-
in-Conflict with the Law (CICL).

SECTION 3. DEFINITION OF TERMS. – The following words and phrases,

whenever used in this Ordinance, shall be construed as defined in this Section:

a) “CHILD” refers to a person under eighteen years of age (Sec4. ©, RA

No. 9344, as amended.

b) “STUDENT” means a person who IS officially enrolled and regularly

attends classes in public and private elementary and high schools, under
the supervision and guidance of the teacher or facilitator OR a person
above eighteen (18) years of age but still officially enrolled in the
elementary or high school.
Excerpt from the Minutes of the Regular Session dated April 4, 2018
Municipal Ordinance No. 4-2018/page 2 of 6

c) “TRUANT” means a student who is absent from school without valid

cause or permission from school authorities and parents or guardians.

d) “SCHOOL” means all public and private elementary and high school
academic institutions in the Municipality of Plaridel.

e) “REGULAR SCHOOL HOURS” mean the time from 7:30 A.M. to 12:00
noon and from 1:00 P.M. – 4:30 P.M. on weekdays for Elementary
Schools, and from 7:30 A.M. to 12:00 noon and 1:00 P.M. – 5:00 P.M. on
weekdays for Secondary Schools (Monday to Friday), except when a
weekday falls on a holiday, and during summer and Christmas vacations;

f) LNHS SCHOOL HOURS mean 6:15 AM – 12:15 Noon for Grades 7 to 9;

and 12:20 Noon – 6:20 PM for Grades 10 to 12 pursuant to Memorandum
Order No. 03, s 2018; or as may be determined by the school through
issuance of a subsequent memorandum.

g) “BUSINESS ESTABLISHMENT” means malls, department stores, sari-

sari stores/retail stores, internet cafes, videoke bars, resto bars, computer
shops/centers, video shops/centers, billiard halls, movie houses, and other
similar entertainment establishments in the Municipality of Plaridel.

h) Child in Conflict with the Law or CICL refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense under the
Philippine Laws (Section 4. (e ), RA No. 9344, as amended.)

i) Child-at-Risk or CAR refers to a child who is vulnerable to and at risk

of behaving in a way that can harm himself, herself or others, or
vulnerable and at risk of being pushed and exploited to come into conflict
with the law because of personal, family and social circumstance. It may
also refer to a child who has violated ordinances enacted by local
governments concerning juvenile status offenses.

j) “OPERATOR” means the owner, manager, administrator, lessee or any

person who operates and is responsible for the operation of a business
establishment.

k) “PARENT” means a person who is a natural parent, adoptive parent, or

step-parent of a minor or student.

l) “GUARDIAN” means:

1) A person who, under court order, is the guardian of the person of a

minor;
2) A public or private agency with which a minor has been placed for
custody by a court;
3) A person in charge of the custody or who is taking care of a minor,
whether relative or not; or
4) A person at least eighteen (18) years of age and authorized by a
parent or guardian to accompany a minor in a public place or to
have the care custody over him/her.
Excerpt from the Minutes of the Regular Session dated April 4, 2018
Municipal Ordinance No. 4-2018/page 3 of 6

m) “PUBLIC PLACE” means a place located in the Municipality of Plaridel

where the general public, or a substantial group of people, have access,
including, but not limited to, streets, highways, sidewalks, seawalls,
seashores, cemeteries, basketball courts, parking lots, vacant lots or any
unsupervised place, parks/plazas, and the common areas in and about
churches, apartment buildings, office buildings, hospitals, schools, shops
and places of entertainment such as movie theaters and similar places and
business establishments.

n) “LINGER OR STAY” means to loiter or remain, as well as to refuse to

leave when requested to do so by a police officer or deputized action
officer, or the owner or other person in control of a public place. This term
also encompasses activities which may be mobile, such as walking, driving
and riding about in a public place or business establishment.

o) “EMERGENCY” means an unforeseen combination of circumstances or

the resulting state that calls for immediate action. The term includes, but
is not limited to, a fire, a natural disaster, an automobile accident, or any
situation requiring immediate action to prevent serious bodily injury or
loss of life.

p) DEPUTIZED ACTION OFFICERS are Punong Barangays, Barangay

Tanods, school officials and teachers who have personal knowledge of of
truant students/children.

q) LSWDO means the Local Social Worker and Development Officer or the
Municipal Social Welfare and Development Officer

r) SDO means the Schools Division Offices

s) CPC means the Child Protection Committee

t) RJP means the Restorative Justice Panel

u) SIP means the School Improvement Plan

v) MDT means the Multi-disciplinary Team

SECTION 4. ANTI-TRUANCY BOARD. The Anti-Truancy Board shall be

created and shall be composed of the following:

Chairman - Municipal Mayor

Vice Chairman - Committee Chairman on Education
Members - Vice Chair and Members of the Education Committee
District Supervisors
Secondary School Principals
MLGOO
PNP Chief
MSWDO
LCPC Chairman
Excerpt from the Minutes of the Regular Session dated April 4, 2018
Municipal Ordinance No. 4-2018/page 4 of 6

Elementary Federated PTA President

Secondary Federated PTA President
One (1) Religious Sector Representative
Three (3) of Business Establishment Owners

SECTION 5. FUNCTIONS OF THE ANTI-TRUANCY BOARD. The Anti-

Truancy Board shall have the following duties and functions:

1) To oversee and ensure the proper implementation of this ordinance.

2) To formulate and recommend policies and intervention strategies and programs
to lessen truancy and juvenile delinquency.
3) To initiate and coordinate the conduct of trainings for stakeholders involved in
the implementation of the Anti-Truancy Ordinance.
4) To submit a quarterly report to the Sangguniang Bayan on the implementation of
this ordinance.
5) To perform such other functions as may be necessary to implement the
provisions of this ordinance.

SECTION 6. PROHIBITED ACTS.

a) It shall be unlawful for a student to loiter, linger or stay or be in a public
place or business establishment and any place outside the school during
school hours.

b) It shall be unlawful for an operator of any business establishment to

knowingly permit or by insufficient control allow a student to loiter, linger
or stay and play computer/video, billiard or other games during school
hours.

SECTION 7. EXCEPTIONS. The acts prohibited in Section 6 hereof shall not be

unlawful in the following circumstances.

a) When the student is involved in an emergency;

b) When the student is going to or from a medical appointment or to leave

from school due to health reasons; and

c) When the student has been permitted to leave school campus for some
school-related activity and has in his/her possession a valid, school-issued,
off-campus permit, letter or authorization.

SECTION 8. PROCEDURE IN THE MANAGEMENT OF CHILDREN-AT-

RISK. When a child has violated this anti-truancy ordinance, the child shall be
subjected to the following:

1) Intervention Programs, such as counselling, attendance in group activities for

CAR, and for the parents, attendance in parenting education seminars; and

2) Restorative Justice procedure shall be conducted by the Child Protection

Committee (CPC) acting as Restorative Justice Panel (RJP) as follows:
Excerpt from the Minutes of the Regular Session dated April 4, 2018
Municipal Ordinance No. 4-2018/page 5 of 6

a) Anybody who witnesses or has direct knowledge of the incident will report
to the guidance counsellor, guidance advocate or guidance teacher or to a
member of the CPC;
b) When appropriate and after consent is given by the victim, the offender
and their respective parents, a Restorative Justice Panel (RJP) shall be
convened with the member of the BCPC or the LSWDO;
c) Family group Conferencing (FGC) shall be conducted by the RJP to come
up with an agreement using the Restorative Justice Agreement Form of
these guidelines. This is to repair the harm done by the CAR to his/her
victim and to the community and when appropriate, to include the
intervention plan for the offender and the victim; and
d) The RJP and a member of the BCPC or the LSWDO will monitor the
implementation of the agreement and the intervention plan.

SECTION 9. ROLE OF DEPED INSTITUTIONS. The DepEd School Principals

shall religiously implement this Ordinance in harmony with DepEd Policies and
Guidelines. They shall keep records of students’ attendance and regularly update the
parents of the students’ behaviour, school achievement and activities. Moreover, when
a truant student is of legal age, he shall be subjected to counselling together with
his/her parents by the Guidance Counsellor, Guidance Advocate or Teacher of the
school.

SECTION 10. ROLE OF BUSINESS ESTABLISHMENT OWNERS. All business

establishment owners shall place a 1.5 X 2 feet size signage at the conspicuous part of
their establishment saying, “NO STUDENTS ALLOWED IN THIS ESTABLISHMENT
AT SCHOOL HOURS.” No business permit shall be approved for non-compliance of
this provision.

SECTION 11. INCENTIVES TO BARANGAY OFFICIALS, TANODS OR ANY

MEMBER OF THE COMMUNITY. Any Barangay Official, Tanod or Member of the
Community who is able to immediately report to the guidance counsellor, guidance
advocate or guidance teacher students/children-at-risk loitering or lingering outside the
school during school hours, particularly in public places or entertainment business
establishments will be entitled to 20% of the total fine imposed on business
owners/operators for violating this ordinance.

SECTION 12. PENALTY CLAUSE: An operator/owner/manager of the business

establishment found violating any provision hereof shall be meted with the following
penalties:

1) First Offense: A fine of P500.00

2) Second Offense: A fine of P1,000.00
3) Third and Subsequent Offenses: An operator of business
establishment shall face automatic closure of business, the business
permit will be revoked and establishment will be padlocked. The penalty
will be lifted upon compliance of the following:

i. Affidavit of Undertaking that the operator will not violate the

ordinance again, and that in case of any further violation by the
operator, he/she shall be meted with the maximum penalty of
permanent closure of his/her business establishment; AND
Excerpt from the Minutes of the Regular Session dated April 4, 2018
Municipal Ordinance No. 4-2018/page 6 of 6

ii. Certification from the Municipal Mayor or his representative

that the operator has undergone a seminar in his office on the
compliance of the Municipal Ordinance.

SECTION 13. SEPARABILITY CLAUSE. – Any provision or portions of this

ordinance found to be unconstitutional or invalid shall not impair the other provisions or
parts thereof which shall continue to be in force and effect.

SECTION 14. REPEALING CLAUSE. – Ordinances rules and regulations or

parts thereof, which are inconsistent or in conflict with the provisions of this ordinance,
most particularly the penalty clauses of the existing regulatory ordinances are hereby
repealed or modified accordingly.

SECTION 15. EFFECTIVITY. – This ordinance shall take effect fifteen days
after publication or posting hereof in at least three (3) conspicuous places in the
municipality.

UNANIMOUSLY ENACTED: APRIL 4, 2018.

===============================================

I HEREBY CERTIFY to the correctness of the foregoing Municipal Ordinance.

FEBIE ROSE A. FERNANDEZ

Secretary to the Sanggunian
ATTESTED:

HON. MARILOU V. YAP

SB Member/Temp. Presiding Officer

APPROVED:

ENGR. DIEGO C. TY
Municipal Mayor

Date signed: ______________