QC comes up with steps to address woes of ordinance violators
Published Oct 15, 2018 07:02 pm
By Chito Chavez
Accentuating human rights and minimizing congestion in the jail facilities, the Quezon City government has come up with steps to address the woes of the city’s ordinance violators.
Quezon city Mayor Herbert Bautista (Photo by Michael Varcas/MANILA BULLETIN)
Mayor Herbert Bautista recently approved Ordinance SP 2752-2018, known as the “Quezon City Procedure in the Implementation of City Ordinances,” that aims to make it easier for both the apprehending authorities and suspects to address violations and corresponding penalties.
Such violations include the drinking of liquor in public places, being half-naked in public places, defying curfew hours for minors, smoking in public places, among others, which provide fines and penalties.
Under the new ordinance, any person cited for a violation of any provision of an ordinance that imposes fines and penalties shall be issued an Ordinance Violation Receipt (OVR).
Any apprehended person who does not wish to contest the violation and is willing to voluntarily pay the fine imposed upon them prior to the filing of formal complaint shall be allowed to pay the fine with the city treasurer or in the barangay where he/she was apprehended.
The violator shall present the OVR to the apprehending officer who shall attach a certified true copy of the receipt together with the documents of the case.
The case shall then be considered closed.
Bautista said the violator shall be given five working days from the issuance of the OVR to pay the fine.
The fine shall be the minimum imposable by the ordinance violated, if there are fines imposed in the second and third offenses, the minimum fine in the second and third offenses shall be charged.
If the violator had already availed of the No Contest Provision three times, he/she can no longer avail of the privilege and the maximum penalty imposed shall be filed against the violator.
If a violator has no capacity to pay the fine, he/she may render community service.
Violators shall render one to two days of community service from 8 a.m. to 5 p.m. for the first offense, two to three days of community service from 8 a.m. to 5 p.m. for the second offense, and three to four days of community service from 8 a.m. to 5 p.m. for the third offense.
When an offender is a corporation, partnership, organization or any similar entity, the OVR shall be issued to its president and/or general manager or managing partner, or any other officer in charge of the organization.
Fines paid by violators who availed of the “No Contest Provision” shall be equally shared by the city government and the barangay, which also cover meals and other allowances of the BPSO and the deputized agent.
‘Children at risk’
Any one below 18 years of age are exempted from the issuance of OVR.
A child who is cited for violation of a city ordinance shall be recorded as a “child at risk” and not as a “child in conflict with the law.”
He/She shall be brought to any barangay official at the barangay hall to be referred to the City Social Services Development Department with the assistance of the barangay to release the custody of the child to their parents or guardian, or, if neither are present, the child’s nearest relative.
If the parents, guardians or relatives cannot be located, or if they refuse to take custody, the child may be released to a duly registered non-government or religious organization, barangay official or a member of the Barangay Council for the Protection of Children, SSDD or any other appropriate agency.
The SSDD shall determine and design the intervention program for the child.
The program shall consist of counselling, attendance in group activities for children, and for the parents, attendance in parenting education seminar as provided under Republic Act No. 10630 or “Juvenile Justice and Welfare Act of 2006.”
If the child has been found by the SSDD to be dependent, abandoned, neglected or abused by their parent and the best interest of the child is to be placed in the Youth Care Facility, the child’s parents or guardians must first execute a written authorization for the child’s voluntary commitment.
In the absence of parents or guardians, or if they refuse to execute a written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the SSDD as provided under Section 21 of RA 9344, “Procedure for taking the child into custody shall at all times be observed by any law enforcer who takes a child into custody.”
The city ordinance tapped local law enforcement units such as the Barangay Public Safety Officers, Department of Public Order and Safety, and Environmental Protection officers to enforce the new measure.
The City Mayor may deputize the Quezon City Police Department of the Philippine National Police as additional agents in the enforcement of city ordinances.
Quezon city Mayor Herbert Bautista (Photo by Michael Varcas/MANILA BULLETIN)
Mayor Herbert Bautista recently approved Ordinance SP 2752-2018, known as the “Quezon City Procedure in the Implementation of City Ordinances,” that aims to make it easier for both the apprehending authorities and suspects to address violations and corresponding penalties.
Such violations include the drinking of liquor in public places, being half-naked in public places, defying curfew hours for minors, smoking in public places, among others, which provide fines and penalties.
Under the new ordinance, any person cited for a violation of any provision of an ordinance that imposes fines and penalties shall be issued an Ordinance Violation Receipt (OVR).
Any apprehended person who does not wish to contest the violation and is willing to voluntarily pay the fine imposed upon them prior to the filing of formal complaint shall be allowed to pay the fine with the city treasurer or in the barangay where he/she was apprehended.
The violator shall present the OVR to the apprehending officer who shall attach a certified true copy of the receipt together with the documents of the case.
The case shall then be considered closed.
Bautista said the violator shall be given five working days from the issuance of the OVR to pay the fine.
The fine shall be the minimum imposable by the ordinance violated, if there are fines imposed in the second and third offenses, the minimum fine in the second and third offenses shall be charged.
If the violator had already availed of the No Contest Provision three times, he/she can no longer avail of the privilege and the maximum penalty imposed shall be filed against the violator.
If a violator has no capacity to pay the fine, he/she may render community service.
Violators shall render one to two days of community service from 8 a.m. to 5 p.m. for the first offense, two to three days of community service from 8 a.m. to 5 p.m. for the second offense, and three to four days of community service from 8 a.m. to 5 p.m. for the third offense.
When an offender is a corporation, partnership, organization or any similar entity, the OVR shall be issued to its president and/or general manager or managing partner, or any other officer in charge of the organization.
Fines paid by violators who availed of the “No Contest Provision” shall be equally shared by the city government and the barangay, which also cover meals and other allowances of the BPSO and the deputized agent.
‘Children at risk’
Any one below 18 years of age are exempted from the issuance of OVR.
A child who is cited for violation of a city ordinance shall be recorded as a “child at risk” and not as a “child in conflict with the law.”
He/She shall be brought to any barangay official at the barangay hall to be referred to the City Social Services Development Department with the assistance of the barangay to release the custody of the child to their parents or guardian, or, if neither are present, the child’s nearest relative.
If the parents, guardians or relatives cannot be located, or if they refuse to take custody, the child may be released to a duly registered non-government or religious organization, barangay official or a member of the Barangay Council for the Protection of Children, SSDD or any other appropriate agency.
The SSDD shall determine and design the intervention program for the child.
The program shall consist of counselling, attendance in group activities for children, and for the parents, attendance in parenting education seminar as provided under Republic Act No. 10630 or “Juvenile Justice and Welfare Act of 2006.”
If the child has been found by the SSDD to be dependent, abandoned, neglected or abused by their parent and the best interest of the child is to be placed in the Youth Care Facility, the child’s parents or guardians must first execute a written authorization for the child’s voluntary commitment.
In the absence of parents or guardians, or if they refuse to execute a written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the SSDD as provided under Section 21 of RA 9344, “Procedure for taking the child into custody shall at all times be observed by any law enforcer who takes a child into custody.”
The city ordinance tapped local law enforcement units such as the Barangay Public Safety Officers, Department of Public Order and Safety, and Environmental Protection officers to enforce the new measure.
The City Mayor may deputize the Quezon City Police Department of the Philippine National Police as additional agents in the enforcement of city ordinances.