Republic of the Philippines
Province of Negros Oriental
Office of the Sangguniang Panlungsod
City of Tanjay

EXCERPT FROM THE JOURNAL OF THE 99TH REGULAR SESSION OF THE 7TH SANGGUNIANG PANLUNGSOD OF THE CITY OF TANJAY HELD AT THE SP SESSION HALL ON JUNE 25, 2018.

PRESENT:

Honorable Teopisto T. Calumpang, Jr. Member/Acting Presiding Officer  
Honorable Daryll T. Aba Member
Honorable Francisco R. Dael, Jr. Member
Honorable Joselito R. Manso Member
Honorable Henry R. Tam Member
Honorable Felix R. Mira, Jr. Member
Honorable Patchita Y. Bulandres Member
Honorable Epifanio T. Busmion Member
Honorable Irving M. Malunda Member
Honorable Denver M. Bokingkito (ABC President) Member

 

ON LEAVE:

Honorable Regalado D. Salma, Jr. Acting City Vice-Mayor

RESOLUTION NO. 18-223

“WHEREAS, Section 52 of Republic Act 9165 or the COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, mandates for the enactment of city or municipal ordinance creating administrative boards that will hear and act on complaints regarding drug-related public nuisances;

“WHEREAS, the creation of said board is also an activity to be undertaken by LGUs under the Pre-operation Phase of the Barangay Drug-Clearing Operations as stated in Section 6 of the Dangerous Drugs Board (DDB) Regulation No. 3, series of 2017;

“WHEREAS, in compliance of the said law, the Local Chief Executive has transmitted a directive from the DILG Regional Office for the Sangguniang Panlungsod to pass an ordinance relative thereto;

“THEREFORE, on motion of Member Joselito R. Manso, seconded by Members Francisco R. Dael, Jr., Epifanio T. Busmion and Irving M. Malunda, the Honorable Sangguniang Panlungsod

“RESOLVED to pass the following ordinance, to wit:

ORDINANCE NO. 5
AN ORDINANCE CREATING THE DANGEROUS DRUGS ADMINISTRATIVE BOARD OF TANJAY CITY

“Be it ordained by the Honorable Sangguniang Panlungsod, that:

Section 1. Title. This ordinance shall be known as the “Tanjay City Dangerous Drugs Administrative Board”.

Section 2. Composition. The Tanjay City Dangerous Drugs Administrative Board shall be composed of the following:
Chairman : City Legal Officer
Vice-Chairman : PNP Chief
Members : City Health Officer
Civil Security Officer IV
One (1) Representative of an NGO which is a member of
the Peace and Order Council
One (1) Representative of an NGO which is a member of
the City Anti-Drug Abuse Council
Representative of the DILG
City Social Welfare and Development Officer

Section 3. Powers and Duties. The following are powers and duties of the Tanjay City Dangerous Drugs Administrative Board:
a. Receives complaints for the abatement of drug-related public nuisances.
b. Conducts hearings in connection with the foregoing subsection.
c. Declare the place or premises in question as drug-related public nuisance if the circumstances so
warrant.
d. Abate drug-related public nuisances.
Section 4. Abatement of Drug-related Public Nuisances. Pursuant to Section 52 of Republic Act 9165 and its Implementing rules and Regulations, otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”, any place or premises which have been used on two or more occasions as the site of the unlawful sale and delivery of dangerous drugs, or used as drug dens for pot sessions and other similar activities may be declared to be a public nuisance and such nuisance may be abated under the following procedures:

a. Any employee, officer or resident of Tanjay City may bring his complaint before the Tanjay City Dangerous Drugs Administrative Board.
b. A written notice relative to the complaint shall be given to the owner of the place or premises at his or her last known address.
c. After three (3) days upon receipt of the order by the owner of the place/premises being complained of, a hearing shall then be conducted by the Tanjay City Dangerous Drugs Administrative Board, with written notice to both the complainant and the person being complained of. Both parties shall be given the opportunity to present their evidence.
d. After the hearing, the Board may or may not declare the place or premises to be a public nuisance.
e. The hearing shall be terminated within ten (10) days from commencement.

Section 5. Effects of the Administrative Board Declaration. Pursuant to Section 53 of Republic Act 9165 and its Implementing Rules and Regulations:

If the Administrative Board declares a place or premises to be a public nuisance, it shall issue an order immediately prohibiting the conduct, operation or maintenance of any business or activity which is conducive to such nuisance.

The City Mayor shall implement the order of the administrative board within fifteen (15) days from receipt thereof and shall assume full responsibility in seeing to it that the order is immediately complied with.

Section 6. Appropriation. The amount of at least ₱100,000.00 shall be appropriated annually for the effective implementation of this ordinance.

Section 7. Separability Clause. Any provision of this ordinance found to be unconstitutional shall not affect the other provisions which shall remain to be in full force and effect.

Section 8. Repealing Clause. Any ordinance found to be inconsistent with this shall be deemed repealed and modified accordingly.

Section 9. Effectivity Clause. This ordinance shall take effect after the compliance of the provision of RA 7160 or the Local Government Code of 1991.

“UNANIMOUSLY APPROVED.”
_____________

JOSELITA C. FLORDELIZ
SP Secretary

DARYLL T. ABA FRANCISCO R. DAEL, JR. JOSELITO R. MANSO
HENRY R. TAM FELIX R. MIRA, JR.. PATCHITA Y. BULANDRES
EPIFANIO T. BUSMION DENVER M. BOKINGKITO IRVING M. MALUNDA
ATTESTED: APPROVED:
TEOPISTO T. CALUMPANG, JR.
SP Member/Acting Presiding Officer
REYNALDO S. CONCEPCION
City Mayor