31/05/2023
Republic of the Philippines
PROVINCE OF SURIGAO DEL NORTE
Municipality of Socorro
ORDINANCE NO. 006-2023
AN ORDINANCE MANDATING THE USE OF PRE-EMPTIVE MEASURES DURING IMMINENT DANGER FROM CIVIL UNREST IN THE MUNICIPALITY OF SOCORRO, SURIGAO DEL NORTE AND PROVIDING GUIDELINES THEREOF.
WHEREAS, Section 444, (b), (1), (vii) of Republic Act No. 7160, otherwise known as the New Local Government Code, states that, "the Municipal Mayor is mandated to carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities";
WHEREAS, under Section 2, (i) of Republic Act No. 10121, otherwise known as the Philippine Disaster Risk Reduction Management Act of 2010, it is the policy of the state to mainstream disaster risk reduction into the peace process and conflict resolution approaches in order to minimize loss of lives and damage to property, and ensure that communities in conflict zones can immediately go back to their normal lives during periods of intermittent conflicts;
WHEREAS, under Section 2, (l) of Republic Act No. 10121, otherwise known as the Philippine Disaster Risk Reduction Management Act of 2010, it is the policy of the state to recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters;
WHEREAS, Section 447 in relation to Section 16 of Local Government Code, empowers the Sangguniang Bayan as the legislative body of the municipality to enact ordinances and adopt resolutions for the general welfare of the municipality and its inhabitants ###";
(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;
WHEREAS, the act of the 5,000-members strong Socorro Bayanihan Services, Inc. (SBSI) in imposing their own laws, rules and regulations within their community in Sitio Kapihan, Barangay N. Sering, Socorro, Surigao del Norte since February 8, 2019 until the present as if they are living in a separate nation is tantamount to civil disobedience which might escalate into a civil unrest that has a potential of forming into a full-blown crisis and emergency with spillover effects to the rest of the barangays in the island municipality;
WHEREAS, the written reports from the different local and national agencies such as the DepEd, DSWD, PNP and others have been compiled by the office of the former Mayor Hon. Felizardo Galanida showing facts of these violations of the national and local laws, rules and regulations;
WHEREAS, it has been noted in the reports and by public knowledge that since their settling in Sitio Kapihan, SBSI leaders have been implementing their own rules including the compulsory and mandated mass resignation of public and private employees, Curfew Hours inconsistent with the Municipality of Socorro policies, collecting taxes for their own use and benefits, businesses not obtaining real and business taxes, enclosing their area with their own guards, training and maintaining their private armies with alleged fi****ms and ammunitions, establishing their own ports, violation of human rights committed against children and other acts in open and public defiance to the local authorities;
WHEREAS, there are a number of Former Kapihan Residents (FKRs) who confirmed the above-cited violations and provided valuable information to the National Bureau of Investigation (NBI) agents who had conducted investigation on the Kapihan incident;
WHEREAS, based on the testimonies of the Former Kapihan Residents (FKRs), the private army in Sitio Kapihan, dubbed as the Agila, are trained and indoctrinated “to kill and be killed;”
WHEREAS, there is a need to restrict the entry of some sectors of society into Sitio Kapihan as well as into the island town and regulate the entry of other visitors to prevent some interested groups from imposing their own agenda which might complicate the already delicate peace and order situation of Socorro;
WHEREAS, since it is the objective of the Municipal Government of Socorro to have zero casualty in times of emergency, there is a need to adopt guidelines and to properly implement the same in order to prevent the occurrence and/or mitigate the effects of an imminent man-made disaster in the municipality;
WHEREAS, it is settled that the government is under obligation to protect human lives at all times during the severity and magnitude of man-made and natural disasters.
NOW, BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the Sangguniang Bayan of Socorro, Surigao del Norte in Session Assembled that:
SECTION 1. Title This ordinance shall be known as The Socorro Civil Unrest Pre-emptive Measures Ordinance of 2023.
SECTION 2. Definition of Terms. the following word/phrases when used in this ordinance shall mean:
a) Crisis - An event or series of events representing a critical threat to the health, safety, security or wellbeing of a community, usually over a wide area. Armed conflicts, epidemics, famine, natural disasters, environmental emergencies and other major harmful events may involve or lead to a humanitarian crisis.
b) Emergency - A sudden occurrence demanding immediate action that may be due to epidemics, to natural disasters, to technological catastrophes, to strife or to other man-made causes.
c) Hazard - is a potentially damaging physical event, phenomenon or human activity that may cause disaster.
d) Risk - is the probability of harmful consequences, or expected losses (deaths, injuries, property, livelihoods, economic activity disrupted or environment damaged) resulting from interactions between natural or human-induced hazards and vulnerable conditions.
e) Risk Assessment - is used as a methodology to determine the nature and extent of risk by analyzing potential hazards and evaluating existing conditions of vulnerability that together could potentially harm exposed people, property, services, livelihoods and the environment on which they depend.
f) Vulnerability - is the conditions determined by physical, social, economic, and environmental factors or processes, which increase the susceptibility of a community to the impact of hazards.
g) Capacity - is the combination of all the strengths, attributes and resources available within a community, society or organization that can reduce the level of risk, or the effects of a disaster. Capacity may also be described as capability.
h) Disaster - is a serious disruption of the functioning of a community or a society causing widespread human, material, economic or environmental losses which exceed the ability of the affected community or society to cope using its own resources. a disaster is a function of the risk process. it results from the combination of hazards, conditions of vulnerability and insufficient capacity or measures to reduce the potential negative consequences of risk.
i) Man-made disaster – a type of disaster that has an element of human intent, negligence, or error involving a failure of a man-made system, as opposed to natural disaster resulting from natural hazard/s. Such man-made disasters are crime, arson, civil unrest, terrorism, war, biological/chemical threat, cyber-attacks, etc.
j) Disaster Risk Reduction - is a conceptual framework of elements considered with the possibilities to minimize vulnerabilities and disaster risks throughout a society, to avoid (prevention) or to limit (mitigation and preparedness) the adverse impacts of hazards, within the broad context of sustainable development.
k) Risk Reduction - involves measures designed either to prevent hazards from creating risks or to lessen the distribution, intensity or severity of hazards (known as mitigation). It also includes improved preparedness for adverse events. Risk Reduction activities can also be undertaken for the mitigation and prevention of crises caused by conflict and civil unrest.
l) Emergency Preparedness - Program of long-term activities whose goals are to strengthen the overall capacity and capability of a country or a community to manage efficiently all types of emergencies. (These measures should be monitored and evaluated regularly).
m) Pre-emptive Measures - course of action taken against something possible, anticipated, or feared.
n) Imminent danger – shall mean an immediate threat of harm.
o) Civil disobedience - A nonviolent, sometimes illegal means of protesting or of attempting to achieve goals (e.g., boycotting, picketing, blocking major thoroughfares).
p) Civil unrest - An activity arising from a mass act of civil disobedience in which actors at the scene become hostile and potentially violent toward others. It is also a situation arising from a mass act of civil disobedience in which law enforcement has difficulty maintaining their authority.
q) Checkpoints - refer to a place where police check vehicular or pedestrian traffic in order to enforce circulation control measures and other laws, orders, and regulations when there is a need to arrest a criminal or fugitive from justice.
r) Peddler – a person who offers merchandise (such as fresh produce) for sale along the street or from door to door.
s) Curfew Hours - means hours prohibiting any person to remain or stay in the streets, plaza, and other public places without legal or justifiable reason from 10:00 o'clock in the evening to 4:00 o'clock in the morning of the following day.
t) Task Force – is a group of stakeholders coming together to address a complex, major issue or problem in a short period of time. It provides diverse stakeholders an opportunity to work together to make unified recommendations. Ultimately, these recommendations are reported to the Municipal Mayor who has the power and influence to make impactful change.
u) Point Person – a lead soldier of an infantry patrol on combat operations. A person who serves in the forefront and ensures that agreed action points of the Task Force are implemented effectively and efficiently.
v) Spokesperson – a person who speaks as the representative of the Socorro Task Force Kapihan and the Municipal Government of Socorro on all matters regarding the Kapihan Incident.
w) Overseer - a person whose job it is to make certain that employees are working or that an activity of the Technical Support Team is being done correctly.
x) Team Leader - is the one in the charge of the Technical Support Team and the person who convinces other people to follow.
y) Assistant Team Leader – is the one who backstops the Team Leader in the performance of his/her duties and functions.
z) Member - someone belonging to or is a part of the Task Force or Technical Support Team who assists the Point Person or Team Leader, as the case may be, in the performance of assigned tasks.
aa) Former Kapihan Residents (FKRs) - refers to former residents of Sitio Kapihan, N. Sering, Socorro, Surigao del Norte who have decided to return to the mainstream community.
bb) Reconciliation - is rebuilding and renewal of mutual respect after the conflict.
cc) Reintegration - refers to a process where: 1) the FKR voluntarily returns to the lowland communities after residing in Sitio Kapihan since February 8, 2019 and undergoes mainstreaming into a productive life, and 2) the FKR's socio-economic well-being, including his/her security and safety, psycho-social and legal impediments are attended to by the government.
dd) Counselling Service- refers to the process of assisting and guiding the FKRs in resolving their personal, social, or psychological problems and difficulties.
ee) Halfway House- refers to the temporary residence that will serve as the Processing Center for the FKRs. This could be a new physical structure that will be established in the town center of Socorro, Surigao del Norte. This facility could also be existing facilities that would serve the purpose of a processing Center. A separate room or facilities shall be provided for individual women FKRs.
ff) Healing - is restoration and repairing of unbalanced emotional scars or wounds experienced by Former Kapihan Residents (FKRs).
gg) Healing and Reconciliation (H & R) - in itself is a goal and a process. It is likewise establishing relationships between and among individuals, groups and communities. H & R also contributes to the restoration of the psychological and social ways of the FKR so that he/she is better able to attain personal well-being, to establish healthy relationship with others, and to become a productive member of her/his community.
hh) Psychological/Psychiatric Service - refers to the psychological evaluation upon admission in the half way house to determine the behavioral manifestation and mental state of the FKR for eventual referral to psychiatrist, if necessary.
ii) Reintegration Assistance - refers to any support extended to Former Kapihan Residents (FKRs) coming from the Municipal Local Government Unit of Socorro or sourced out from various government and private agencies both from local and abroad.
jj) Comprehensive Municipal Reintegration Plan (CMRP) - refers to the plan of the Municipal Local Government Unit of Socorro reflecting therein the consolidated needs of the FKRs and the budget needed to implement and monitor its programs. It shall form part of the Peace and Order and Public Safety (POPS) Plan of the Municipal Government of Socorro;
kk) Former Kapihan Residents Reintegration Plan (FKRRP) - refers to the plan resulting from the individual assessment undertaken by the Social Welfare and Development Team (SWT) with the FKR. The identified needs of the FKR shall be matched with the existing available resources of the municipality or resources that may be tapped to address the needs of the FKR.
ll) Former Kapihan Residents Health and Wellness Plan (FKRHWP) –- refers to the plan resulting from the individual assessment undertaken by the Health and Wellness Team (HWT) with the FKR. The identified needs of the FKR shall be matched with the existing available health resources of the municipality or resources that may be tapped to address the health and wellness needs of the FKR.
mm) Kapihan Rescue and Security Plan (KRSP) - refers to the plan on the standard operating procedures on the rescue of Kapihan Residents who have decided to return to the mainstream community and the provision of security to the Former Kapihan Residents (FKRs) staying at the Halfway House and any other security arrangements.
nn) Kapihan Emergency Response Plan (KERP) – refers to the plan on the standard operating procedures on Kapihan-related pre and post emergency measures.
oo) Kapihan Education and Information Campaign Plan (KEICP) – refers to the plan that contains the details of the social and mainstream media campaign aimed at enticing the Kapihan Residents to return to the mainstream community where they belong prior to February 8, 2019.
pp) Former Kapihan Residents Healing and Reconciliation Plan (FKRHRP) – refers to the plan involving the measures to be undertaken on the restoration of the psychological and social ways of the FKRs so that he/she is better able to attain personal well-being, to establish healthy relationship with others, and to become a productive member of her/his community.
qq) Networking – refers to the action or process of interacting with others to exchange information and develop professional or social contacts.
rr) Sustainable Development – refers to the development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
ss) Sustainable Development Goals (SDGs) – also known as the Global Goals, it refers to the 17 goals that were adopted by the United Nations in 2015 as a universal call to action to end poverty, protect the planet, and ensure that by 2030 all people enjoy peace and prosperity. The 17 SDGs include: 1. No Poverty; 2. Zero Hunger; 3. Good Health and Well-being; 4. Quality Education; 5. Gender Equality; 6. Clean Water and Sanitation; 7. Affordable and Clean Energy; 8. Decent Work and Economic Growth; 9. Industry, Innovation and Infrastructure; 10. Reduced Inequalities; 11. Sustainable Cities and Communities; 12. Responsible Consumption and Production; 13. Climate Action; 14. Life Below Water; 15. Life on Land; 16. Peace, Justice and Strong Institutions and ; 17. Partnerships for the Goals.
tt) Former Kapihan Residents Sustainable Development Plan (FKRSDP) - refers to the plan that involves the programs, projects and activities to ensure that the Former Kapihan Residents (FKRs) would live normal lives in accordance with the applicable Sustainable Development Goals (SDGs) of the United Nations.
SECTION 3. Pre-emptive Measures During Imminent Danger From Civil Unrest. The Municipal Mayor shall declare the use of pre-emptive measures such as, but not limited to:
A. Emergency Preparedness.
1) The Municipal Disaster Risk Reduction and Management Council (MDRRMC), through the Municipal Disaster Risk Reduction and Management (MDRRMO), shall prepare the Emergency Preparedness Plan outlining the program of long-term activities whose goals are to strengthen the overall capacity and capability of the municipality to manage the imminent emergency caused by civil unrest. (These measures should be monitored and evaluated regularly).
2) Emergency preparedness shall also include the Contingency Plan which covers the knowledge and capacities developed by governments, professional response and recovery organizations, communities and individuals to effectively anticipate, respond to, and recover from, the impacts of likely, imminent or current hazard events or conditions.
B. Creation of the Socorro Task Force Kapihan
1) There is hereby created the Socorro Task Force Kapihan. The Task Force shall have the following duties and functions, to wit:
a. Formulate programs, projects and activities as well as its corresponding strategies to respond to the pressing problems, issues and concerns confronting the island town of Socorro relative to the Kapihan incident;
b. Oversee, monitor and evaluate the implementation, of the Comprehensive Municipal Reintegration Plan (CMRP) and the plans formulated by various Technical Support Teams;
c. Maintain cross-agency/sectoral cooperation among the various municipal, provincial and national government agencies and the private sector in the crafting and implementation of Kapihan-related Programs. Projects and Activities;
d. Perform such other appropriate functions as may be suggested by competent partner-agencies.
2) The Expanded Socorro Task Force Kapihan shall be composed of the following:
Position in the Task Force Name and Position
Chairperson - Hon. Riza Rafonselle T. Timcang, Municipal Mayor
Vice-Chairperson - Hon. Gemma L. Ocon, Municipal Vice-Mayor
Secretary - Ms. Zenith D. Rivas, Municipal HRM Officer
Legal Consultant - Atty. Richard M. Dano, Legal Consultant
Point Person/Spokesperson - Mr, Edelito C. Sangco, Municipal Agriculturist
Members - Team Leaders, Assistant Team Leaders and Overseers of various Technical Support Teams, and Punong Barangays
3) Technical Support Teams (TSTs) and Functions. There are hereby created Technical Support Teams (TSTs) responsible for the various tasks in response to the various problems, issues and concerns arising out from the Kapihan incident, as follows:
3.1. Logistics, Finance and Reintegration Team (LFRT) – The duties and functions of the Team are as follows:
a. Provide logistics/resources support and take charge on financial matters of the Expanded Socorro Kapihan Task Force and the various Technical Support Teams including, but not limited to, budget preparation and ex*****on;
b. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Comprehensive Municipal Reintegration Plan (CMRP) taking into consideration the plans formulated by the various Technical Support Teams (TSTs);
c. Facilitate the establishment and operationalization of the Halfway House.
d. Provide Reintegration Assistance to Former Kapihan Resident’s (FKRs).
e. Source out external funds from government agencies and local and international humanitarian organizations to finance the programs, projects and activities embodied in the Comprehensive Municipal Reintegration Plan (CMRP)
f. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Alex T. Guma and Hon. Clifford C. Mascardo, Sangguniang Bayan Members
Team Leader - Municipal Accountant
Assistant Team Leader - Local Government Operations Officer
Members - Municipal Budget Officer
- Municipal Treasurer
- Municipal Tourism Officer
- All Municipal Tourism Office Personnel
- All Accounting Office Personnel
- All Budget Office Personnel
- All Treasury Office Personnel
3.2. Social Welfare and Development Team – The duties and functions of the Team are as follows:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Former Kapihan Residents Reintegration Plan (FKRRP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP).
b. Provide counselling services to Former Kapihan Residents (FKRs).
c. Operate, on a 24-hour basis and 7-days a week, the Halfway House.
d. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Wowie G. Timcang and Hon. Mark Glenn L. Quirido, Sangguniang Bayan Members
Team Leader - Municipal Social Welfare and Development Officer
Assistant Team Leader - Municipal Environment and Natural Resources Officer
Members - All MSWDO Personnel
- All MENRO Personnel
3.3. Security Team – The duties and functions of the Team are as follows:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Kapihan Rescue and Security Plan (KRSP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP).
b. Provide security to the Former Kapihan Residents (FKRs) staying at the Halfway House and any other security arrangements.
c. Provide the necessary investigative and legal assistance to Former Kapihan Residents (FKRs) as well as violators of the other provisions of this Ordinance.
d. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Wowie G. Timcang and Hon. Mark Glenn L. Quirido, Sangguniang Bayan Members
Team Leader - Chief of Police
Assistant Team Leader - Sub-Station Commander, Philippine Coast Guard
Members - All PNP Personnel
- All PCG Personnel
- All Philippine Army/CAFGU Personnel
3.4. Health and Wellness Team – The duties and functions of the Team are as follows:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Former Kapihan Residents Health and Wellness Plan (FKRHWP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP).
b. Provide Health, Wellness and Psychological/Psychiatric Service to Former Kapihan Residents (FKRs)
c, Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Emerito R. Estrella and ABC President Raul T. Carduza, Sangguniang Bayan Members
Team Leader - Municipal Health Officer
Assistant Team Leader - Head Nurse, Rural Health Unit
Members - All RHU Personnel
3.5. Emergency Response Team – The duties and functions of the Team are as follows:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Kapihan Emergency Response Plan (KERP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP).
b. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Armando L. Elandag and SK Fed. President Frederick D. Balbarino, Sangguniang Bayan Members
Team Leader - Port Manager
Assistant Team Leader - Municipal Administrator
Members - MDRRM Officer-Designate
- Head, Bureau of Fire Protection
- All MDRRMO Staff
- All PMO Staff
- All BFP Staff
3.6. Information and Education Campaign (IEC) Team – The duties and functions of the Team are as follows:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Kapihan Education and Information Campaign Plan (KEICP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP).
b. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Gemma L. Ocon, Municipal Vice-Mayor
Team Leader - Municipal Planning and Development Coordinator
Assistant Team Leader - Secretary to the Sangguniang Bayan
Members - BAC Secretariat
- All MPDC Personnel
3.7. Healing and Reconciliation Team – The duties and functions of the Team are as follows:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Former Kapihan Residents Healing and Reconciliation Plan (FKRHRP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP).
b. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Wilberto M. Dacera and Hon. Felipa M. Liquido, Sangguiang Bayan Members
Team Leader - Atty. Richard Mascardo Dano, Legal Consultant
Assistant Team Leader - Municipal Human Resource Management Officer
Members - All Task Force Pamatasan Members
3.8. Sustainable Development Networking Team (SDNT). The Team shall have the following duties and functions, to wit:
a. Prepare and spearhead the implementation and subsequent monitoring and evaluation of the Former Kapihan Residents Sustainable Development Plan (FKRSDP) for submission to the Logistics, Finance and Reintegration Team as basis in the preparation of the Comprehensive Municipal Reintegration Plan (CMRP);
b. Facilitate the conduct of an International Donors Forum to advance philanthropy and development efforts in support to the Sustainable Development Goals (SDGs) components of the Former Kapihan Residents Sustainable Development Plan (FKRSDP), in particular, and the Comprehensive Municipal Reintegration Plan (CMRP), in general;
c. Perform such other duties and function as the Municipal Mayor may, from time to time, designate.
The Team shall be composed of the following:
Position in the Team Name and Position
Overseer - Hon. Gemma L. Ocon, Municipal Vice-Mayor
Team Leader - Mr, Edelito C. Sangco, Municipal Agriculturist/Chairman, Philippine Family Farmers, Agriculture-Fishery-Forestry Cooperatives Federation (AgriCOOPh)
Assistant Team Leader - Engr. Guil Lou M. Dela Pena, Municipal Assessor
Members - All Municipal Agriculture Office Personnel
- All Municipal Assessor’s Office Personnel
C. Establishment of Checkpoints.
1) Checkpoints shall be established in strategic areas of the island municipality.
2) Composition of Checkpoint Officers. - The checkpoint team shall be composed of, but not limited to, the following:
a. Team Leader shall lead and take responsibility for the conduct of the checkpoint;
b. Spotter refers to PNP personnel who will point or profile the suspected vehicle subject for checkpoint;
c. Spokesperson refers to the member who is in charge of communicating with the motorists subject to the checkpoint;
d. Investigation Sub-team refers to members who are in charge of the investigation and documentation of possible incidents in the checkpoint including the issuance of a Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR);
e. Search or Arresting Sub-team refers to members designated to conduct search, seizure, and arrest, if necessary;
f. Security Sub-team refers to members tasked to provide security in the checkpoint area, composed mainly of members of the Armed Forces of the Philippines (AFP) and the Philippine Coast Guard (PCG); and
g. Blocking or Pursuing Sub-team refers to members tasked to block or pursue fleeing suspects and their vehicles.
3) Guidelines in Establishing Checkpoints. - The following guidelines shall be followed in the establishment of a checkpoint:
a. PNP/AFP personnel manning the checkpoint must have a presentable appearance, wearing the prescribed PNP/AFP uniform. Likewise, the civilian members must also be in their organization's uniform with their names conspicuously displayed for identification. In no case shall civilian components be allowed to bear fi****ms during the checkpoint.
b. Only the security sub-team and blocking or pursuing sub-team members are allowed to display high-powered fi****ms and should be positioned where they can best provide security to the checkpoint team.
c. The area where the checkpoints shall be established must be properly lit, with noticeable signage bearing the name of the PNP unit and the participating organizations visibly displayed at the checkpoint site.
d. Due courtesy must be accorded to motorists, traders, and commuters during the conduct of the checkpoint.
e. The spokesperson must greet the people subject to inspection, extend an apology for the inconvenience, appeal for understanding, and state the reasons for the operation. Upon completion, thank the persons searched.
f. The conduct of inspection of all vehicles, including motorcycles, during a routine checkpoint is not only limited to a visual search, occupants and the vehicle may be subjected to a physical or body search. Provided, it must be done with due respect to the innocent passers-by, commuters, or bystanders, and must be conducted in a manner with the least inconvenience to the public.
g. Violations or infractions of the law discovered during the checkpoint operation shall be expeditiously disposed of following legal procedures; an arrested person must be apprised of their rights with respect to the Miranda Doctrine.
h. Police personnel assigned to the checkpoint shall not mulct, extort, or harass drivers, passengers, and traders.
i. The police and civilian component must separately submit their After Checkpoint Operation report to their respective units or organization for proper evaluation of the efficacy of the operation.
D. Banning of Peddlers in All Barangays of the Island Municipality
1) It shall be unlawful for Peddlers from offering merchandises for sale along the street or from door to door in any part of the island municipality of Socorro.
2) The Punong Barangays are hereby tasked to enforce this provision in their respective area of operation and coordinate with the appropriate Team/s of the Socorro Task Force Kapihan in the performance of their duties.
E. Enforcement of Curfew Hour in the Island Municipality
1) It shall be unlawful for any person to loiter, ramble, saunter, stray or wander in the streets, plaza and other public places within the municipality of Socorro between 10 o’clock (10:00) at night to four o’clock (4:00) in the morning.
2) The Punong Barangays are hereby tasked to enforce this provision in their respective area of operation and coordinate with the appropriate Team/s of the Socorro Task Force Kapihan in the performance of their duties.
3) Exceptions. The provision of Curfew Hour shall not be applicable in the following situations:
a. The person is involved in an emergency situation. This includes unforeseen circumstances, or the status or condition resulting therefrom, requiring action to safeguard life, limb or property. The term also includes, but is not limited to fires, calamities, disasters, automobile accidents, or other similar circumstances.
b. The person is engaged in an employment activity such as fishermen, boat crews, and others or school class, and is returning home from such activity or class, without detour or stop.
c. The person is on the sidewalk directly abutting the place where he/she resides.
d. On the occasions of vigils, wakes, legal holidays, special holiday, church masses and prayer meetings, fiesta celebrations sponsored by the municipality or by the barangay, and other special family occasions such as birthdays and anniversaries.
F. Temporary Ban on the Entry of Non-Residents Into Sitio Kapihan
1) It shall be unlawful for any person or group of persons who are non-Kapihan residents to enter into Sitio Kapihan, Barangay N. Sering, Socorro, Surigao del Norte either on his/her personal capacity or representing any private or government agency, except in cases of emergency as declared by the municipal local government unit or any appropriate authority.
2) Exceptions Other Than Emergency. The provision of the Temporary Ban on the Entry of Non-Residents Into Sitio Kapihan shall not be applicable in the following situations:
a. Person or group of persons bringing food, clothing, medical supplies and any other basic goods for human survival are allowed to deliver such goods at the present entrance gate installed by Sitio Kapihan only. Provided, that in case that such entrance gate shall be transferred nearer to the Kapihan community, such present entrance gate location shall remain as the drop-off point of such goods and supplies;
b. Law Enforcement Agencies, Task Forces and the like purposely created by appropriate government agencies to investigate the Kapihan incident. Provided, that they shall present the appropriate Travel/Mission Order to the Office of the Mayor and closely coordinate their activities with the Socorro Task Force Kapihan;
c. Any other person or group of persons whom the Office of the Mayor, through the recommendation of the Socorro Task Force Kapihan, may find to be qualified to be exempted from the temporary entry ban provision.
G. Conduct of Seaborne Patrol in the Waters Surrounding Bucas Grande Island:
1) The Municipal Mayor shall request the Philippine Navy, Philippine Coast Guard and PNP Maritime Group for the conduct of seaborne patrol in the waters surrounding Bucas Grande Island.
2) Persons caught during seaborne patrol on board any water transportation facility attempting to dock into any point of the island town other than the ports with established Visitor Registration Center shall be brought to the Office of the Mayor for further investigation by the appropriate Team/s of the Socorro Task Force Kapihan.
H. Mandatory Listing of Socorro Residents. All Punong Barangays are hereby directed to conduct the listing of residents in their respective barangays utilizing their network of Barangay Health Workers (BHWs) and/or any other barangay functionaries to be submitted to the Municipal Planning and Development Office at the deadline set for the purpose.
I. Mandatory Listing of Socorro Visitors.
1) It shall be unlawful for any visitor to enter the island municipality of Socorro without registering at the Visitor Registration Center/s installed in the ports of entry into the municipality. In case the point of entry has no Visitor Registration Center, the visitor/s is/are obliged to register at the concerned Barangay Hall.
2) Passenger Boat Operators are directed to provide the prescribed Visitor Entry Form to their respective non-Socorronhon passengers to be filled-up by the visitor and presented to the Visitor Registration Center and Barangay Hall, as the case may be.
3) The Punong Barangays are hereby tasked to enforce this provision in their respective area of operation and coordinate with the appropriate Team/s of the Socorro Task Force Kapihan in the performance of their duties.
J. Assignment of Barangay Coordinators. The Department Heads and other employees of the Municipal Government of Socorro shall be assigned by the Municipal Mayor as Coordinators to the fourteen (14) Barangays to coordinate all surveillance, early warning and other Kapihan-related activities in their assigned barangay/s.
K. Barangay Surveillance and Early Warning Teams (BSEWT) and Function. The Barangay Coordinators shall organize the Barangay Surveillance and Early Warning Team of their assigned barangays to be composed of the following:
Team Leader - Punong Barangay
Members - Barangay Officials, Tanods, BHWs, BNS and
Other Barangay workforce/s.
The primary function of the Barangay Surveillance and Early Warning Teams (BSEWT) is to gather information on the entry of non-residents into the island municipality and immediately report the same to their respective Barangay Coordinators for endorsement to the Municipal Planning and Development Coordinator for verification and other appropriate actions. If, for any reason whatsoever, the assigned Barangay Coordinators cannot be contacted at a given period of time, the extremely relevant information shall be relayed directly to the Municipal Planning and Development Coordinator or to the Local PNP Hotline, as the case may be.
Provided, that the Barangay Coordinators shall make constant follow-up with their respective Barangay Surveillance and Early Warning Teams (BSEWT) towards the performance of their assigned tasks.
SECTION 4. Penalties. – Violators of this Ordinance are hereby penalized, as follows:
a) Punong Barangays who fail to comply with the applicable provisions of this Ordinance shall be punished administratively in accordance with the law.
b) Other Officials and Employees of the municipality found not performing their tasks as mandated in applicable provisions of this Ordinance shall be punished administratively in accordance with the law
c) Violators of Curfew Hours shall be penalized as follows:
c.1. First Offense – The person violating the Curfew Hour provision of this Ordinance for the first time shall be brought to the barangay having jurisdiction for proper recording, counselling and reprimand.
c.2. Second Offense – The offender shall, within ten (10) days from the commission of the violation, be required to plant ten (10) fruit bearing trees in their Barangay for which a Certificate of Compliance will be issued by the Barangay.
c.3. Third Offense or More. The offender shall, within ten (10) days from the commission of the violation, be required to plant fifteen (15) fruit bearing trees in their Barangay for which a Certificate of Compliance will be issued by the Barangay.
d) Violators of other provisions of this Ordinance not specified in Item c above, including Curfew Hour violators who willfully refuse to plant fruit bearing trees, shall be penalized by a fine of not more than Two Thousand Five Hundred Pesos (PhP 2,500.00) or imprisonment of not more than six (6) months or both such fine and imprisonment upon the discretion of the Court.
e) Violators of the ban on the entry of non-residents into Sitio Kapihan shall be declared as Persona Non Grata by the Sangguiang Bayan.
SECTION 5. Separability Clause. – If any part or provisions of this Ordinance is found to be inconsistent with the Constitution, laws or decrees, other provisions hereof shall continue to be in force and effect.
SECTION 6. Repealing Clause. – Any ordinance, memo circulars, rules and regulations that are inconsistent herewith are hereby repealed or amended accordingly.
SECTION 7. Effectivity. – This Ordinance shall take effect upon approval and shall remain in full force and effect until the final implementation of the Comprehensive Municipal Reintegration Plan (CMRP) as declared by the Municipal Mayor and concurred by the Sangguniang Bayan.
ENACTED UNANIMOUSLY, on joint motion of Hon. Alex. T. Guma, Chairman, Committee on Laws, Ordinances and Legal Matters and Hon. Markglenn L. Quirido, Chairman, Committee on Public Safety and Human Rights.
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I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING ORDINANCE:
GEMMA L. OCON
Municipal Vice Mayor
Presiding Officer
ATTESTED:
JERRY T. CANTA
Secretary to the SB
APPROVED:
RIZA RAFONSELLE T. TIMCANG
Municipal Mayor