Republic of the Philippines

Province of Albay
Municipality of Guinobatan
OFFICE OF THE SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG BAYAN HELD ON APRIL 21, 2008 AT 9:05 OCLOCK IN THE
MORNING.
Present:

Hon. Wilfredo O. Arevalo, Sr.Hon. Maria Sofia O. Orpiada

Hon. Roberto Jose S. Flores
Hon. Stephen O. Ocfemia
Hon. Christopher O. Palevino
Hon. Julio S. Tingzon IV
Hon. Reynaldo O. Namia
Hon. Robert M. Baaga
Hon. Ruben P. Olavario
Hon. Jose M. Padilla
Hon. John Rey G. Namia

Absent:

None

Vice Mayor & Presiding Officer

Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor (ABC Pres.)
Councilor (SKF Pres.)

MUNICIPAL ORDINANCE NO. 05 2008

AN ORDINANCE IMPOSING CURFEW HOURS ON MINORS BELOW EIGHTEEN
YEARS OLD AT THE HOUR OF TEN OCLOCK IN THE EVENING (10:00 P.M.) TO
FOUR OCLOCK IN THE MORNING (4:00 A.M.) WITHIN THE MUNICIPALITY OF
GUINOBATAN, ALBAY.
Author:

Councilor Julio S. Tingzon IV

WHEREAS, it has been reported that an increasing number of criminal offenses are
committed by minors who are frequently loiter in the street and public places during nighttime.
WHEREAS, loitering of minors especially during nighttime will expose them to drug
addiction, drinking of intoxicating drinks and other vices that would result to juvenile crimes,
and other crimes that may take advantage against the youth.
WHEREAS, for the purpose of protecting the general welfare of minors, the
Sangguniang Bayan deemed it necessary to enact the Curfew Ordinance within the Municipality
of Guinobatan, Albay.
NOW THEREFORE, on motion of Councilor Robert M. Baaga, duly seconded, be it
ordained by the Sangguniang Bayan of Guinobatan, Albay in session duly assembled that:
SECTION 1. TITLE This ordinance shall be known as the CURFEW
ORDINANCE OF THE MUNICIPALITY OF GUINOBATAN, ALBAY.
SECTION 2. LEGAL BASIS. R.A. of 7160 Section 16. General Welfare Every Local
Government Unit shall exercise the powers expressly granted, those necessarily implied there
from 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 jurisdiction, 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 balance ecology, encourage the support and 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.

P.D. No. 603 The Child and Youth Welfare Code, Art. 139. Curfew Hours for Children
City or Municipal Councils may prescribe such curfew hours for children as may be warranted
by local conditions. The duty to enforce curfew ordinances shall devolve upon the parents or
guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty, imposed
by this article shall be admonished by the Department of Social Welfare of the Council for the
Protection of Children.
SECTION 3. DECLARATION OF POLICY It shall be the policy of the Municipality
of Guinobatan, Albay to recognize the importance of the youth in our society and to uphold and
ensure that the youth should be protected to deter them from committing juvenile crimes and
such other crimes that may be committed against them especially during nighttime. For this
propose it shall be the responsibility of the Municipal Government also to impose disciplinary
measures and scheme to ensure public safety.
SECTION 4. OBJECTIVES
1. To keep the minors who are below 18 years old away and the street/public places during
nighttime.
2. To discourage the increase of minors engaged in smoking, drug addiction, and drinking of
intoxicating drinks.
3. To safeguard the minors from joining association of gangs and gang fights for their own good
and welfare.
4. To safeguard the minors from possible participation in criminal offenses and other related
criminal activities.
5. To help the parents and be assured that their children are at home, safe form dangers of the
streets at nighttime.
SECTION 5. DEFINITION OF TERMS AS USED IN THIS ORDINANCE
1. Minor refer to all young people who are below 18 years old.
2. Curfew Hours shall refer to a certain period of time between ten oclock in the evening
(10:00 PM) to four oclock in the morning (4:00 AM) of the following day.
3. Parent/Guardian the father or the mother of the minor or any person in whose custody the
minor is bestowed.
4. Public roads refer to National, Provincial, Municipal and Barangay roads, streets, alleys,
passageway within the Municipality of Guinobatan, Albay.
5. Public places refers to areas in the Poblacion and rural barangays for used by the public
such as public transportation, terminals. Public market, parking areas, park, plazas, churches,
public school, waiting sheds, videoke bars, billiards halls, computer and internet shops,
resorts and other places which are open to the public.
6. Loitering to hang around or linger in certain public places, this include the loitering in
herein stated public places during curfew hours.
7. Community services refers to community service or work rendered by the minor violators
including cleaning of parks, canal and the like.
8. Lawful pursuit of Livelihood/Employment any activity not contrary to existing laws
which tends to augment their source of income.
9. Insolvency inability to pay the fines prescribed by this Ordinance.

SECTION 6. IMPLEMENTING ARM. The Municipality of Guinobatan through the

Local Chief Executive or his authorized representative, Sangguniang Bayan members, PNP
Chief, Administrator and Teachers of Public and Private School, Sangguniang Barangay,
Barangay Tanods, OPSS and Bantay Bayan/Task Force through Executive Order.
SECTION 7. BARANGAY B.C.A.C. For the purpose of effective implementation of this
ordinance, a Barangay Curfew Advisory Council is hereby created in each barangay and to be
composed of the following to wit:
Chairman

Punong Barangay

Vice-Chairman

Barangay Kagawad Member Chairman Committee on

Peace and Order and Public Safety

Members

Executive Officer of Barangay Tanod and all Barangay

Tanods, SK Chairman, Committee on Youth & Sports
Development; President, General Parent and Teacher
Association (GPTA)

Secretary

Barangay Secretary

SECTION 8. The Barangay Advisory Council will be created and handle the following
responsibilities.
a. To implement provision under this ordinance including sanctions provided hereof.
b. To commit or release/turn-over an offender to the custody of the parent guardian.
c. To commit rescued minor to the proper agency or bring him/her to the custody of the PNP if
he/she is found to be violating/committing other crimes.
d. To issue Barangay Certification to minors who seek exemption from the ordinance to attend
to matters as provided under Section 9 of the Ordinance. The parent/guardian shall apply for
a barangay certification in behalf of their minor child but on a case to case basis or if the
need arises.
e. The Barangay B.C.A.C. Chairman or any authorized representative shall issue certificate of
completion for community service rendered by minor violators.
SECTION 9. The LCE shall be authorized to lift the implementation of said ordinance
when necessary and reasonable or upon request by institution/association/organization/barangay
governments or responsible groups by there are community activities provided such activities
shall at least be for a period at the discretion of the LCE.
SECTION 10. IMPLEMENTATION GUIDELINES
1. This curfew shall apply only to minors who are less than eighteen years old and shall be I the
hours between 10:00 PM and 4:00 AM of the next day within the territorial jurisdiction of the
Municipality of Guinobatan, Albay.
2. Parents/guardians should secure certification from barangay captains concerned whenever
minor shall be out during curfew hours.
3. All youths apprehended by the Municipal or Barangay authorities shall not be held in custody
for safe keeping for more than six (6) hours in the Police Station or Barangay Hall as the case
may be.
4. The Barangay Curfew Advisory Council will release/turn-over an offender to the custody of
the parent or guardian.

5. Offender who are under the influence of liquors or drugs shall be held detained at the
Municipal Police Station and shall face applicable charges aside from Curfew Ordinance
when necessary.
6. Apprehended violators who is not a resident of the barangay must be turned over to the
MSWDO or to the Barangay Curfew Advisory Council concerned.
7. The MSWDO, Sangguniang Bayan Members, SK Federation President, Liga ng mga
Barangay President, Barangay Officials. SK Chairman are hereby authorized to assist in the
counseling of offenders.
8. It shall be the duty of the LGU, PNP, School Heads/Administrator, Teachers, Barangay
Council Members and SK Chairman to educate and cause the dissemination of this ordinance
to affected sector for its effective implementation.
SECTION 11. COVERAGE/SCOPE AND DURATION OF IMPLEMENTATION.
1. The Guinobatan Curfew Hours Ordinance shall in full force, affect only to minors who are
less than eighteen (18) years of age upon implementation of this ordinance subject to the
exemption as herein provided.
2. This Ordinance shall be in full force and effect for as long as necessary and shall be
terminated upon authority by the Sangguniang Bayan of Guinobatan.
3. All minors coming from billiard hall, videoke bars, video game shop, computer gaming
centers, resorts during curfew hours shall also be covered by this ordinance.
SECTION 12. PENALTY
First Offense Warning, the offender and parent/guardian shall be invited to the PNP
Station, Mayors Office, Barangay Council Office and shall be admonished and lectured on the
said ordinance or required to attend family therapy session to be conducted by MSWDO.
Second Offense Parent/guardian shall pay an administrative fine of Five Hundred (PhP
500.00) Pesos and the minor violator will render four (4) hours community service in the
presence of person in authority or agent of person in authority. In case of insolvency of the
parents, community service shall be 8 hours.
Third Offense Parent/guardian shall pay an administrative fine of One Thousand Pesos
and the minor violator will render Eight (8) days of community service in the presence of person
in authority or agent of person in authority. In case of insolvency of the parents, community
service shall be 24 hours.
SECTION 13. DESCRIPTION OF FINES
All administrative fines collected from any parent/guardian of minors violators of this
ordinance shall be paid to the Barangay Treasurer relative to the continuous implementation of
this ordinance.
SECTION 14. BARANGAY SECRETARY. Shall maintain a record of apprehension
within the barangay containing the permanent list of name, address, date of birth, time and place
of the apprehension and other circumstances of every child and youth rescued by virtue of this
ordinance and submit report to the Barangay Advisory Council within 24 hours copy furnished
the MSWDO a copy of the apprehension report.
SECTION 15. POSTING AND WARNINGS
a. This ordinance shall be posted in three (3) conspicuous places in all the barangays in the
Municipality of Guinobatan, Albay.

b. At least one (1) hour before the start of the curfew, the Barangay Chairman or any Barangay
Official shall give warning to the children by means of warning bells, siren or any other
means.
SECTION 16. EFFECTIVITY. This ordinance shall take effects upon review and
approval of Sangguniang Panlalawigan and completion of the required publication and upon
approval of the Municipal Mayor.
UNANIMOUSLY APPROVED this 21st day of April 2008 upon motion of Councilor Robert M.
Baaga and unanimously seconded by the members of the Sangguniang Bayan.
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

JULIO S. TINGZON IV
Sponsor

ROBERT M. BAAGA
Sponsor

REYNALDO O. NAMIA
Sponsor

WILFREDO O. AREVALO, SR.

Sponsor

ATTESTED:
LORNA L. OPIANA
Clerk III
APPROVED: April 23, 2008.

JUAN MITRE GARCIA

Municipal Mayor