Procedures in cases of violations of ordinances prescribed

BAGUIO CITY September 04 – The City Council approved on first reading a proposed ordinance providing for the procedures in cases of violations of local ordinances imposing fines and penalties in the city.

The ordinance authored by Councilor Leandro B. Yangot, Jr. stated that any person who will be cited for any violation of local ordinances shall be issued an ordinance violation receipt.

In the apprehension of any person who violates any provision of city ordinances, law enforcers shall inform the violator of his or her violation; issue the ordinance violation receipt indicating the name, verified address, other data as may be required, such as time and place, as well as the violation itself and inform the violator of his or her right to avail of the no contest provision as provided in the measure.

The ordinance stipulated any person apprehended for violation of a city ordinance who does not wish to contest the violation and is willing to pay voluntarily the fine imposed upon him or her prior to the filing of the formal complaint with the city prosecutor, shall be allowed to pay said fine with the City Treasurer or the barangay treasurer in the barangay where the violator was apprehended, or deputized enforcer at the nearest police station, to avoid being criminally prosecuted.

Further, the ordinance added the violator shall be given five (5) working days from the issuance of the measure violation receipt within which to pay the fine.

After payment of the prescribed fine, the ordinance stipulated that the violator shall present the official receipt to the apprehending enforcer, who shall attach a certified true copy of the receipt of the case and the same shall be considered closed.

If after the lapse of five days the violator has failed to present the official receipt of the payment of the prescribed fine, the ordinance explained the enforcer who apprehended the violator shall have the case filed with the city prosecutor's office, attaching his affidavit indicating that the violator failed or did not avail of the no contest provision.

In case of inability to pay the fines, Yangot claimed the violator may render community service as provided in the measure violated and the punong barangay where the violation occurred shall administer the kind of community service required of the violator.

After the completion of the community service, the ordinance revealed that the punong barangay, within five (5) days, shall issue a certificate of completion to the violator and submit the same to the apprehending officer, which shall consider the case closed.

When the offender is a corporation, partnership, organization or any similar entity, the ordinance cited that the ordinance violation receipt shall be issued to its president or general manager or such other officer in charge of management of the business.

However, Yangot claimed that a minor is exempted from the issuance of an ordinance violation receipt. A child who will be cited for violation of a city ordinance shall be recorded as a child at risk who will in turn be brought to a barangay official at the barangay hall to be referred to the City Social Welfare and Development office which shall release the custody of the child to his or her parents, guardian or nearest relatives.

Fines paid by violators who availed of the no contest provision shall be shared by the local government and the barangays concerned. By Dexter A. See

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