ORDINANCE NO. 003-2008

Republic of the Philippines

CITY OF SAN FERNANDO

Province of La Union

REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN FERNANDO ON THE 26TH DAY OF AUGUST 2008.

PRESENT:

Hon. Councilor Francisco C. Ortega, Jr.

Hon. Councilor Alfredo Pablo R. Ortega

Hon. Councilor Joseph Bernard D. Valero

Hon. Councilor Maria Rosario Eufrosina P. Nisce

Hon. Councilor Rodolfo M. Abat

Hon. Councilor Florentino G. Flores, Jr.

Hon. Councilor John H. Orros

Hon. Councilor Marylin R. Jucar

Hon. Councilor Andre H. Dacanay

Hon. Councilor Mario A. Lacsamana

Hon. Councilor Lolita G. Dyquiangco

Hon. Member Ramon C. Ortega

Hon. Member Leica Mariz B. Balanon

ABSENT:

None

CITY ORDINANCE NO. 2008-003

AN ORDINANCE GRANTING ADDITIONAL PRIVILEGES AND INCENTIVES AND PROHIBITIONS ON VERBAL, NON-VERBAL RIDICULE AND VILIFICATION AGAINST PERSONS WITH DISABILITY.

“Be it ordained by the Sangguniang Panlunsod in session duly assembled that:

Article I

GENERAL PROVISIONS

SECTION 1.01. Title. This Ordinance shall be known as the “Persons with Disability Ordinance”.

SECTION 1.02. Statement of Policy. The City Government of San Fernando shall uphold, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms of persons with disabilities, and promote respect for their inherent dignity.

ARTICLE II

Definition of Terms

SECTION II.01 As used in this Ordinance, the following terms are defined as follows:

A. Dental Services – refers to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis and/or treatment of a dental illness or injury.

B. Exclusive Use or Employment of Persons with Disability – refers to the discount privilege that can be availed only by persons with disability.

C.Establishment – refers to private or public business entitles duly authorized and recognized by law to operate.

D. Lodging Establishment – refers to business entities that provide accommodation facilities and services for a fee such as, but not limited to, the following:

1. Apartel – refers to building or edifice containing several independent and furnished or semi-furnished apartments, regularly leased to tourists and travelers  fro dwelling on a more or less long-term basis and offering basic services to its tenants, similar to hotels.

2. Hotel – refers to building, edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travelers and tourists and the provision of services incidental thereto.

3. Motorist  Hotel – refers to any structure with several separate units, primarily located along the highway, with individual or common parking space, at which motorists may obtain lodging and in some instances, meals.

4. Pension House – refers to a private, or family-operated tourist boarding house, tourist guest house or tourist lodging house, regularly catering to tourist, and/or traveler, containing  several independent table rooms, providing common facilities such as toilets, bathrooms/showrooms, living and dining rooms and or/ kitchen and where a combination of board and lodging may be provided.

5. Tourist Inn – refers to lodging establishment catering to transients, which does not meet the minimum requirement of an economy hotel.

E. Medicines – in the context of the implementation of this Ordinance, these shall refer to both prescription and non-prescription medicines, and articles approved by Bureau of Food and /drugs (BFAD), Department of Health (DOH), which are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man.

F. Office of the Persons with Disability Affairs (OPDA) – serves as the primary structural organization that provides essential services for the empowerment, rehabilitation and integration of persons with disability into the mainstream of society. The creation of which is embodied in City Ordinance No. 2002-003.

G. Persons with Disability (PWD) – refer to those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment to perform an activity in a manner or within the range considered normal for human beings. Disability shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.

H. Restaurant – refers to any establishment duly licensed by the City of San Fernando offering to the public, regular and special meals or menu, fast food, cooked food and short orders. Such eating places may also serve coffee, beverages and drinks.

I. Sports and Recreational Centers – refers  to any establishment offering sports, recreational and amusement services such as, but not limited to, swimming pools bowling alleys, golf courses, gyms, club houses and all other sports facilities. Recreational facilities include, but not limited to, internet cafe, video games and other similar amusement facilities.

ARTICLE II

PRIVILEGES AND INCENTIVES FOR PERSONS  WITH DISABILITY

SECTION III.01. Persons with disability shall be entitled to the following:

A. Discounts from all establishments- At least twenty percent (20%) discount from all establishments relative to the utilization of all goods and services shall be provided for the exclusive use or enjoyment of persons with disability.

1. Hotels and Similar Lodging Establishments – for room accommodation and other amenities offered by the establishment such as, but not limited to, massage parlor, sauna bath, food, drinks and other services offered.

2. Restaurant – for the purchase of food, beverages and other consumable items served by the establishments applicable for dine in or take out transactions. To safeguard the establishments from abuse of this privilege, the orders shall be limited to the personal consumption of the persons with disability.

3. Sports and Recreational Centers – apply to all charges in the utilization of the services including rentals of all facilities, equipments, accessories and other gadgets relative to the enjoyment of the sports and recreational services. The discount shall also include rooms or halls for PWD seminars, art workshops and other PWD-related activities.

4. Drug Stores, Hospitals, Pharmacies, Clinics and Other Similar Establishments – on the purchase of medicine for the exclusive use and enjoyment of persons with disability, subject to the guidelines issued by the DOH and Philippine Health Insurance Corporation (PhilHealth).

B. Admission Fees Privilege – A minimum of at least twenty percent (20%) discount on the fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement such as but not limited to museum, exhibit halls, fairs, parks like theme parks.

C. Medical and Dental Privileges in Government Facilities – Persons with disability  shall be provided at least twenty percent (20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography, scans and blood tests in all government facilities, subject to the guidelines issued by DOH in coordination with PhilHealth.

D. Medical and Dental Privileges in Private Facilities – Persons with disability shall be provided at least twenty percent (20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography, scans and blood tests including professional fees of attending doctors in all private hospitals and medical facilities, subject to the guidelines issued by DOH in coordination with PhilHealth.

E. Air and Sea Transportation Privileges -At least twenty percent (20%) discounts on fare for domestic air and sea travel based on actual fare except promotional fare. If the promotional fare discount is higher than the twenty percent (20%) discount privilege, the persons with disability may choose the promotional fare and should no longer be entitled to the twenty percent (20%) discount privilege.

F. Land Transportation Privilege – Persons with disability shall be granted a twenty percent (20%) discount on tricycle, jeepney and bus fares.

G. Educational Privilege – Educational assistance in the form of a fixed financial aid, shall be given to persons with disability who shall meet the minimum requirements set by educational institutions for the admission of the persons with disability.

The OPDA, which serves as the primary structural organization that provides essential services for the empowerment, rehabilitation and integration of persons with disability into the mainstream of society, shall indorse to the City Mayor, upon approval of the City Social Welfare Officer, the request of qualified persons with disability for educational assistance.

H. Express Lane Privilege – Express lanes for persons with disability shall be provided in all commercial establishments and government offices. In the absence thereof, priority shall be given to them.

SECTION III.02. PWD Identification Card – The abovementioned privileges are available only to persons with disability who are Filipino citizens upon presentation of the identification card sedigned by the National Council on Disabiloity Affairs (NCDA) and issued by the City Government.

SECTION III.03. Prohibitions on the Availmant of Double Discounts – The privileges mentioned in the foregoing shall not be claimed if the persons with disability claim a higher discount as may be granted by the commercial establishment and/or under existing laws or in combination with other discount program/s.

ARTICLE IV

PROHIBITIONS ON VERBAL, NON-VERBAL RIDICULE AND VILIFICATION AGAINST PERSONS WITH DISABILITY

SECTION IV.01. Deliverance from Public Ridicule – No individual, group or communicty shall execute any of the following acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem  of the latter:

     A. Making fun of a person on account of his/her disability even through jokes in a manner that is degrading resulting to the embarrassment of the persons with disability in front of other persons;

     B. Mocking persons with disability whether in oral or in writing; and

     C. Imitating persons with disability in public gatherings, stage shows, carnivals, broadcast media and other forms of entertainment which are offensive to the rights and dignity of persons with disability.

ARTICLE V

FILING OF COMPLAINT

SECTION V.01. There is hereby created an investigative body under the Office of the Persons with Disability Affairs (OPDA) whose primary function shall be to handle complaints particularly the receipt, hearing, recording and monitoring thereof. The investigative body shall be composed of:

     1. OPDA Coordinator

     2. City Social Welfare and Development Officer; and

     3. City Legal Officer.

SECTION V.02. Complaints shall be filed as follows:

     1. The complaints shall be filed with the investigative body under the Office of the Persons with Disability Affairs (OPDA).

     2. If the persons with disability is a minor, she/he shall be accompanied by his/her parents/guardians in the filing of the same.

     3. An investigative body, composed of the OPDA Coordinator, City Social Welfare and Development Officer and City Legal Officer, shall be responsible in hearing the case.

     4. If the violator is a minor and the parties failed to settle the case amicably, his/her parents/guardians shall pay the penalty.

ARTICLE VI

ADMINISTRATIVE PROVISION

SECTION VI.01. Upon recommendation of the OPDA Coordinator, the City Mayor may revoke the license of business establishments found to have violated this ordinance for the third time.

ARTICLE VII

PENALTY

SECTION VII.01. Penalty. Any individual, person or persons, found violating any provision of this ordinance shall suffer the following penalties:

     A. Individuals found guilty of violating any provision of this ordinance shall be penalized the amount of Two Thousand Pesos (PhP2,000.00) for every offense.

     B. If the violator is an establishment, the officials thereof directly involved shall be held liable for the violation committed and shall be penalized the amount of Five Thousand Pesos (PhP5,000.00) for every offense.

ARTICLE VIII

FINAL PROVISIONS

SECTION VIII.01. Separability Clause. If for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION VIII.02. Repealing Clause. All ordinances, local issuances or rules inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly.

SECTION VIII.03. Effectivity Clause. This Ordinance shall take effect immediately after its publication.

APPROVED.”

**************

CERTIFICATION

     I hereby certify to the correctness of the above quoted City Ordinance enacted on Third Reading on Agust 26, 2008.

signed

MARGARET I. FAROLAN

Secretary to the Sanggunian

ATTESTED:

                            FRANCISCO C. ORTEGA, JR.

                             Temporary Presiding Officer

                                 Acting Vice Mayor

Approved this 30th day of August 2008.

                                              Signed

                                PANCRACIO C. NISCE

                                     Acting City Mayor