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Tanggapan NG Sangguniang Panlalawigan: ORDINANCE NO. 216-2020

This document is an excerpt from the journal of the 41st regular session of the 22nd Sangguniang Panlalawigan of La Union held on April 07, 2020. It introduces Ordinance No. 216-2020, which prohibits discrimination against medical and non-medical frontliners, COVID-19 patients and their families, and recovered patients during the COVID-19 pandemic. The ordinance was authored by council members Nancy Corazon M. Bacurnay and Jennifer C. Mosuela, and co-authored by 12 other council members.

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0% found this document useful (0 votes)
123 views6 pages

Tanggapan NG Sangguniang Panlalawigan: ORDINANCE NO. 216-2020

This document is an excerpt from the journal of the 41st regular session of the 22nd Sangguniang Panlalawigan of La Union held on April 07, 2020. It introduces Ordinance No. 216-2020, which prohibits discrimination against medical and non-medical frontliners, COVID-19 patients and their families, and recovered patients during the COVID-19 pandemic. The ordinance was authored by council members Nancy Corazon M. Bacurnay and Jennifer C. Mosuela, and co-authored by 12 other council members.

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Gillian Calpito
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines

PROVINCE OF LA UNION
City of San Fernando

Donato A. Rimando
TANGGAPAN NG SANGGUNIANG PANLALAWIGAN
EXCERPT FROM THE JOURNAL OF THE 41st REGULAR SESSION OF THE 22nd SANGGUNIANG
PANLALAWIGAN OF LA UNION HELD AT THE SPEAKER PRO-TEMPORE FRANCISCO I. ORTEGA
PROVINCIAL LEGISLATIVE BUILDING AND SESSION HALL, PROVINCIAL CAPITOL, CITY OF
SAN FERNANDO, PROVINCE OF LA UNION ON APRIL 07, 2020

Alyssa Kristine B. Sibuma


Hon. Mario Eduardo C. Ortega....................................... Vice-Governor / Presiding Officer
PRESENT:
Hon. Francisco Paolo P. Ortega V………………………….................................... Member
Hon. Jonathan Justo A. Orros............................................................................. Member
Hon. Gary N. Pinzon …………………………………………………………………… Member
Hon. Gerard G. Ostrea ......................................................................................... Member

Geraldine R. Ortega
Hon. Jennifer C. Mosuela..................................................................................... Member
Hon. Nancy Corazon M. Bacurnay ...................................................................... Member
Hon. Maria Annabelle S. de Guzman................................................................... Member
Hon. Christian I. Rivera......................................................................................... Member
Hon. Frank O. Sibuma .......................................................................................... Member
Hon. Ruperto A. Rillera, Jr. .................................................................................. Member

Ruperto A. Rillera, Jr.


Hon. Abraham P. Rimando .................................................................................. Member
Hon. Geraldine R. Ortega………………………………………………..................... Member
Hon. Alyssa Kristine B. Sibuma…………………………………............................ Member
ABSENT:
NONE

Abraham P. Rimando
ORDINANCE NO. 216-2020

PROHIBITING ANY FORM OF DISCRIMINATION AGAINST MEDICAL AND NON-


MEDICAL FRONTLINERS; PERSONS WHO TESTED POSITIVE WITH COVID-19
AND THEIR FAMILY MEMBERS, PERSONS UNDER INVESTIGATION (PUIs)

Frank O. Sibuma
AND PERSONS UNDER MONITORING (PUMs) AND RECOVERED PATIENTS
DURING NATIONAL HEALTH EMERGENCY DUE TO THE COVID-19 PANDEMIC
AND PENALIZING VIOLATORS THEREOF

Authors: Hon. Nancy Corazon M. Bacurnay


Christian I. Rivera

Hon. Jennifer C. Mosuela

Co- Authors: Hon. Francisco Paolo P. Ortega V


Hon. Jonathan Justo A. Orros
Hon. Gary N. Pinzon
Hon. Gerard G. Ostrea
Maria Annabelle S. de Guzman

Hon. Maria Annabelle S. de Guzman


Hon. Christian I. Rivera
Hon. Frank O. Sibuma
Hon. Abraham P. Rimando
Hon. Ruperto A. Rillera, Jr.
Duplicate copy of the original

Hon. Geraldine R. Ortega


Hon. Alyssa Kristine B. Sibuma

EXPLANATORY NOTE
Nancy Corazon M. Bacurnay

WHEREAS, Article II, Section 11 of the 1987 Philippine Constitution provides that the
“State values the dignity of every human person and guarantees full respect for human rights”;

Mario Eduardo C. Ortega Gerard G. Ostrea Jennifer C. Mosuela Gary N. Pinzon Jonathan Justo A. Orros Francisco Paolo P. Ortega V
Ordinance No. 216-2020, Page 2

WHEREAS, Section 16 of RA 7160 otherwise known as the Local Government Code of


1991 provides that “Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for

Donato A. Rimando
its efficient and effective governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions, 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 balanced ecology, encourage and
support the development of appropriate and self-reliant scientific and technological capabilities,
improve public morals, enhance economic posterity and social justice, promote full employment

Alyssa Kristine B. Sibuma


among their residents, maintain peace and order, and preserve the comfort and convenience of
their inhabitants;”

WHEREAS, it is a policy in the Province of La Union to condemn to the strongest terms


and therefore penalize acts of discrimination through Sangguniang Panlalawigan Ordinance No.
206-2020, entitled, “Prohibiting Acts and Conducts of Discrimination on the Basis of Sex, Actual
or Perceived Sexual Orientation, Gender Identity and Expression, Disability, Age, Ethnic Origin,

Geraldine R. Ortega
Civil/Marital Status and Religious and Political Affiliation or Beliefs;

WHEREAS, with the recent declaration of the World Health Organization that the health
effects of the COVID 19 has reached a pandemic situation, Presidential Proclamation No. 922
series of 2020 issued by President Rodrigo Roa Duterte declaring a State of Public Health
Emergency throughout the Philippines due to COVID-19 and enjoins the public and all

Ruperto A. Rillera, Jr.


government agencies and Local Government Units to render full assistance and cooperation in
this time of national health crisis especially to the frontliners;

WHEREAS, as the world is preoccupied in this global fight against COVID 19, a new
form of discrimination has been reported against frontliners or the people who are in the
frontlines in the fight against the spread of COVID-19, including health professionals, medical
and non-medical staff/personnel, law enforcement officers, government officials, employees of

Abraham P. Rimando
establishments providing basic services as well as COVID-19 patients, PUIs, PUMs and their
respective family members that sometimes they have become scared and adamant in going to
hospitals even for simple check-up as they are criticized, bashed and condemned by
neighbours and their community;

WHEREAS, reports on discrimination include refusal of basic services such as public

Frank O. Sibuma
transport and closed establishments, refusal of entry into supermarkets and grocery stores,
eviction from boarding/lodging houses/apartments and even inflicting physical harm due to fear
of contamination;

WHEREAS, the frontliners, either medical or non-medical personnel, deserve to be


treated as our heroes as they put their lives at stake to respond to the public health crisis; Christian I. Rivera

WHEREAS, COVID-19 patients too, even those who have recovered, PUIs and PUMs
and even their family members do not deserve to be treated negatively as they are victims of
this situation;
Maria Annabelle S. de Guzman

WHEREAS, in these trying times, families which are affected by this pandemic suffer
severe anxiety and social humiliation;

WHEREAS, it is the policy of the Provincial Government of La Union to act as parens


patriae (parent of the nation) of the inhabitants of the province and show compassion, empathy,
and tolerance towards those affected by the disease regardless of sex, race, age, religion or
social standing;
Duplicate copy of the original

WHEREAS, pursuant to the said Section 16 of the Local Government of 1991


Nancy Corazon M. Bacurnay

particularly on the promotion of health and safety and in support of the Executive Order No. 12,
series of 2020 of the Governor placing the Province of La Union under Enhanced Community
Quarantine, this piece of proposed legislative measure is being submitted for favorable action
by the August Body.

Be it ordained by the Sangguniang Panlalawigan of the Province of La Union in session


duly assembled, that:

Mario Eduardo C. Ortega Gerard G. Ostrea Jennifer C. Mosuela Gary N. Pinzon Jonathan Justo A. Orros Francisco Paolo P. Ortega V
Ordinance No. 216-2020, Page 3

SECTION 1. TITLE. This ordinance shall be known and cited as the La Union Anti-
Covid-19 Discrimination Ordinance of 2020.

Donato A. Rimando
SECTION 2. DECLARATION OF POLICY. It is hereby the declared policy of the
Provincial Government to protect and promote the right to health of the people in the province in
accordance with Sec. 15, Article II of the 1987 Constitution and Sec. 16, RA 7160 otherwise
known as the Local Government Code of 1991.

Alyssa Kristine B. Sibuma


SECTION 3. COVERAGE. It applies to all persons who make false utterance, humiliate,
harass, discriminate and refuse to provide assistance to PUI, PUM, persons found positive of
COVID-19, recovered patients and frontliners.

SECTION 4 DEFINITION OF TERMS: As used in this ordinance, the following terms


shall mean as follows:

Geraldine R. Ortega
1. COVID-19 Patients – refer to persons who are tested positive of the virus and who
are either symptomatic or asymptomatic, classified only as PUI’s or PUMs and
includes family members whom they had direct contact with.

2. Discrimination refers to and would include the following acts as used in this
ordinance:

Ruperto A. Rillera, Jr.


a. Discrimination in this policy shall refer to any act or action committed to
manifest prejudice, bigotry, unequal treatment, exclusion, restriction,
humiliation and vilification towards the frontliners, persons tested as positive
with COVID-19 and their family members, PUIs and PUMs which has an
effect or purposes of impairing or nullifying the enjoyment or exercise of their

Abraham P. Rimando
human rights and fundamental freedoms;

b. Discrimination shall also mean subjecting the frontliners, persons tested as


positive with COVID-19 and their family members, PUIs and PUMs to any
harassment or any threat of physical, mental and verbal violence, intimidation
or other threatening disruptive behavior;

Frank O. Sibuma
c. Discrimination shall also include acts that demeans, impairs, mars, reduces
or nullifies the enjoyment or exercise of their human and legal rights and
basic freedoms in the social spheres and other areas.

3. Fake News – false news stories, often of a sensational nature, created to be widely Christian I. Rivera
shared or distributed for the purpose of generating revenue, or promoting or
discrediting a public figure, political movement, company, etc. The story itself is
fabricated, with no verifiable facts, sources or quotes. Some stories may include
basic verifiable facts, but are inflammatory, leaves out pertinent details or only
presents one viewpoint.
Maria Annabelle S. de Guzman

4. Frontliners – refer to medical and non-medical personnel, whether from the private
or public sector, who are on the frontlines in the provision of essential services during
the national health emergency, to include, but not limited to, the following:

a. Private and government doctors, nurses and other medical personnel and
Duplicate copy of the original

health volunteers;
Nancy Corazon M. Bacurnay

b. Hospital workers, administrative staff, maintenance workers, drivers, janitors


and security personnel;

c. National and local government officials and employees in the exercise of


frontline functions;

Mario Eduardo C. Ortega Gerard G. Ostrea Jennifer C. Mosuela Gary N. Pinzon Jonathan Justo A. Orros Francisco Paolo P. Ortega V
Ordinance No. 216-2020, Page 4

d. Members of the Philippine National Police (PNP), Armed Forces of the


Philippines (AFP) and other law enforcement personnel;

Donato A. Rimando
e. Emergency responders like members of the Philippine Red Cross, Bureau of
Fire Protection, Disaster Risk and Reduction and Management Office,
Barangay Health Emergency Response Team and those with related
services;

f. Employees and personnel of establishments providing needed services like

Alyssa Kristine B. Sibuma


funeral parlors, manufacturers of medical supplies and those providing basic
services.

5. Person Under Investigation (PUIs) – refers to persons who are showing symptoms
of the virus such as fever, difficulty of breathing, body malaise, travel history to
places with reported cases of COVID-19 within the last 14 days, with close contact
with a COVID-19 positive patient.

Geraldine R. Ortega
6. Persons Under Monitoring (PUMs) – refer to persons who have travel history to
places with reported cases of COVID-19 within the last 14 days and with exposure to
possible COVID-19 positive patient.

It also refers to persons who do not show any of the symptoms of COVID-19 but with
or without travel history to areas with issued travel restrictions or have or have no

Ruperto A. Rillera, Jr.


history of exposure to the novel virus.

SECTION 5. PROHIBITED ACTS.

No person, group of persons or entity, shall discriminate through act or utterance which
cause stigma, disgrace, shame, humiliation or harassment against MEDICAL AND NON-

Abraham P. Rimando
MEDICAL FRONTLINERS; PERSONS WHO TESTED POSITIVE WITH COVID-19 AND
THEIR FAMILY MEMBERS, PERSONS UNDER INVESTIGATION (PUIS), PERSONS UNDER
MONITORING (PUMS) AND RECOVERED PATIENTS DURING NATIONAL HEALTH
EMERGENCY DUE TO THE COVID-19 PANDEMIC.

SECTION 6. PERSONS LIABLE –

Frank O. Sibuma
1. Any person, natural or juridical who commits any of the acts herein prohibited
shall be criminally liable and be penalized accordingly. In case of juridical
persons, such as, but not limited to, corporations, partnerships, associations,
institutions, whether private or public, the President, Manager or Head of
Office shall also be criminally accountable and responsible. Christian I. Rivera

2. Any public officer who refuses or fails to give assistance to PUI, PUM, or
persons infected with COVID-19, recovered patients, and frontliners could be
held liable for violation of this ordinance.
Maria Annabelle S. de Guzman

3. Persons who spread fake news on PUI, PUM, persons infected with COVID-
19, recovered patients and frontliners are liable for violation of this ordinance.

SECTION 7. ENFORCEMENT/IMPLEMENTATION. This Ordinance shall be


implemented by the La Union Police Provincial Office, Component Local Government Units
(LGUs) through the Municipal/City Police Stations, Municipal Peace and Order and Security
Duplicate copy of the original

Units/Office and other related personnel as deputized by the Local Chief Executive, Punong
Barangays, and their respective Peace and Order personnel and/or Barangay Tanods.
Nancy Corazon M. Bacurnay

SECTION 8. PENALTIES: Violators shall be penalized through the imposition of the


following penalties;

a. First Infraction (person) Fine of P2,000.00

Mario Eduardo C. Ortega Gerard G. Ostrea Jennifer C. Mosuela Gary N. Pinzon Jonathan Justo A. Orros Francisco Paolo P. Ortega V
Ordinance No. 216-2020, Page 5

b. First Infraction (heads of Fine of P5,000.00


offices/agencies or managers of
business establishments)

c. Succeeding Infractions (both) Fine of P5,000.00 or imprisonment for a


minimum of three (3) months and not to
exceed one (1) year at the discretion of
the court.

SECTION 9. SEPARABILITY CLAUSE. If any part of this ordinance is declared as


unconstitutional or unlawful, the other parts or sections hereof that are not declared unlawful or
unconstitutional shall remain in full force and effect.

SECTION 10. REPEALING CLAUSE. All previous ordinances inconsistent with this
ordinance be deemed repealed or modified accordingly.

SECTION 11. EFFECTIVITY CLAUSE. This ordinance shall take effect upon approval
and compliance to the mandatory posting and publication as prescribed under Sections 59 and
511 of RA 7160 otherwise known as the Local Government Code of 1991.

This Ordinance shall be effective until the national health emergency due to the COVID-
19 pandemic crisis has been resolved.

APPROVED.

*********

I HEREBY CERTIFY to the correctness of the foregoing ordinance.

Alyssa Kristine B. Sibuma


DONATO A. RIMANDO
Secretary to the Sangguniang Panlalawigan

ATTESTED:

MARIO EDUARDO C. ORTEGA Geraldine R. Ortega


Vice-Governor
Presiding Officer

Date Signed: _______________


Ruperto A. Rillera, Jr.

FRANCISCO PAOLO P. ORTEGA V NANCY CORAZON M. BACURNAY


Sangguniang Panlalawigan Member Sangguniang Panlalawigan Member
Abraham P. Rimando
Duplicate copy of the original

JONATHAN JUSTO A. ORROS MARIA ANNABELLE S. DE GUZMAN


Sangguniang Panlalawigan Member Sangguniang Panlalawigan Member
Frank O. Sibuma

GARY N. PINZON CHRISTIAN I. RIVERA


Sangguniang Panlalawigan Member Sangguniang Panlalawigan Member

Gerard G. Ostrea Jennifer C. Mosuela


Ordinance No. 216-2020, Page 6

JENNIFER C. MOSUELA FRANK O. SIBUMA


Sangguniang Panlalawigan Member Sangguniang Panlalawigan Member

GERARD G. OSTREA ABRAHAM P. RIMANDO


Sangguniang Panlalawigan Member Sangguniang Panlalawigan Member

GERALDINE R. ORTEGA RUPERTO A. RILLERA, JR.


Sangguniang Panlalawigan Member Sangguniang Panlalawigan Member

ALYSSA KRISTINE B. SIBUMA


Sangguniang Panlalawigan Member

APPROVED:

FRANCISCO EMMANUEL “PACOY” R. ORTEGA III


Provincial Governor

Date Signed: _______________


Duplicate copy of the original

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