Republic of the Philippines General Santos City OFFICE OF THE SANGGUNIANG PANLUNGSOD CHAMPIONS

EXCERPT FROM THE MINUTES OF THE 94TH REGULAR SESSION OF THE 17TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, JUNE 16, 2015.

PRESENT:

Hon. Shirlyn L. Banas-Nograles Hon. Dominador S. Lagare III Hon. Elizabeth B. Bagonoc Hon. Ramon R. Melliza Hon. Franklin M. Gacal, Jr. Hon. Rosalita T. Nunez Hon. Shandee Theresa 0. Llido-Pestailo Hon. Arturo C. Cloma Hon. Richard L. Atendido Hon. Vivencio E. Dinopol Hon. Marius Orlando A. Oco Hon. Eduardo D. Leyson IV Hon. Mario U. Empal Hon. Rogelio D. Pacquiao

City Vice-Mayor & Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor (Indigenous Peoples Representative)

City Councilor (President, Liga ng mga Barangay)

ABSENT:

Hon. Brix T. Tan City Councilor (OL)

WHEREAS, this Sanggunian admires and acknowledges the rapidly growing participation and involvement of persons with disabilities (PWDs) in mainstream society and, for this, deems necessary and appropriate to respond to this development by reinforcing the provisions of laws and rules that already promote the protection and welfare of this sector so as to encourage PWDs to become more involved in development processes while they do business within the city;

WHEREAS, enacting a local policy which will cause the eventual provision of enough exclusive parking spaces intended for motor vehicles of such persons with disabilities (PWDs) at commercial establishments, government offices, schools, hospitals or clinics, and any other similar institutions found within the territorial jurisdiction of the City of General Santos will, in effect, more increase the accessibility of such public and private facilities to PWDs;

NOW, THEREFORE, on motion of City Councilor Franklin M. Gacal Jr., duly seconded by City Councilors Elizabeth B. Bagonoc, Rosalita T. Nunez and Shandee Theresa 0. Llido-Pestano, be it-

RESOLVED, as it is hereby resolved to enact this Ordinance:

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Ordinance No. 11, Series of 2015

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• , • ORDINANCE NO. 11

Series of 2015

AN ORDINANCE REINFORCING THE PROVISIONS OF LAWS AND RULES THAT PROMOTE THE PROTECTION AND WELFARE OF PERSONS WITH DISABILITIES BY DESIGNATING ENOUGH EXCLUSIVE PARKING SPACES INTENDED FOR THEIR MOTOR VEHICLES IN ALL COMMERCIAL ESTABLISHMENTS, GOVERNMENT OFFICES, SCHOOLS, HOSPITALS OR CLINICS AND ANY OTHER SIMILAR INSTITUTIONS FOUND WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF GENERAL SANTOS, PROVIDING SCHEMES AND PENALTIES FOR EFFECTIVE IMPLEMENTATION, AND FOR OTHER PURPOSES

HON. FRANKLIN M. GACAL JR. — AUTHOR

HON. SHANDEE THERESA 0. LLIDO - PESTANO - CO-AUTHOR & SPONSOR,

HON. ROSALITA T. NUNEZ, HON. ELIZABETH B. BAGONOC 8t HON. BRIX TAN - CO-AUTHORS

Be it enacted by the Sangguniang Panlungsod of General Santos City that

Section 1. Short Title. - This Ordinance shall be known as "The Persons with Disabilities Special Parking Privilege Ordinance of 2015."

Section 2. Policy Statement. - The City of General Santos adheres to and upholds the principles of the Constitution and all laws and rules which grant rights and privileges to Persons with Disabilities (PWDs) and, thus, commits to unceasingly formulate and implement local policies and procedures deemed to reinforce such laws and rules with the end in view of strengthening the efficient and effective application thereof.

Section 3. Person with Disabilities Defined. — This Ordinance hereby adopts the basic definition of the term "Person with Disability (PWD)" as stated under the pertinent provision of Republic Act Numbered Seventy-Two Hundred and Seventy-Seven (RA 7277), otherwise known as "The Magna Carta For Disabled Persons" and other related laws and rules providing rights and privileges to such and, thus, shall be understood to pertain to "persons suffering from restrictions or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity within the range considered normal for a human being," whereby, the term "Disability" shall mean either a "physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individuals; or a record of such impairment; or being regarded as having such impairment."

Section 4. General Provision. - In the pursuit of the foregoing provisions, there is hereby provided the following reinforced procedures to ensure that Persons with Disabilities (PWDs) are provided with enough exclusively designated parking spaces while they go visit or do business at commercial establishments, government offices, schools, hospitals or clinics and any other similar institutions found within the territorial jurisdiction of the city, to wit:

a. That, all the above-mentioned establishments covered by this Ordinance are required to provide additional special parking spaces for PWDs in the following proportion:

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• • i. Establishments whose parking space for vehicles consists of

1-15 lanes shall each provide or allot and designate at least one (1) parking lane for PWDs.

ii. Establishments whose parking space for vehicles consists of more than fifteen (15) lanes shall each provide or allot and designate at least two (2) parking lanes for PWDs.

b. That, establishments with multistoried parking spaces such as malls or other similar large business establishments shall strictly observe and apply the preceding provision hereof in the distribution of parking lanes for PWDs per storey or floor.

c. That, all public facilities and private commercial establishments, in particular to malls and other large establishments, found within the territorial jurisdiction of the city, except those whose parking spaces are limited only to fifteen (15) parking lanes or less, are hereby enjoined to conduct, from time to time, a statistical survey of the likely population of their PWD clients as basis to help them be able to allot and designate enough number of exclusive parking spaces for PWDs.

d. That, all public facilities and private commercial establishments whose parking space consists of fourteen (14) lanes or lesser are hereby enjoined to do their best to also craft and thus implement internal arrangements which are deemed efficient and effective towards ensuring the provision of exceptional accommodation to PWDs in terms of vehicle parking, whenever necessary or appropriate.

e. That, all special parking space for PWDs shall be installed with noticeable and conspicuous signage to inform the public.

f. That, all exclusive parking space for PWDs shall be located and positioned in such a manner as to provide the most efficient and most conducive access to the entrance and exit of the establishment covered under this ordinance.

Section S. Guards on Duty to Monitor Strict Implementation of this Ordinance. - To ensure the efficient and effective implementation of the preceding Section hereof, security guards on-duty at both public facilities and private commercial establishments are hereby deputized to see to it that no vehicle other than those of PWDs shall park at exclusively designated parking spaces intended there for and, thus, authorized to cite for violation of this Ordinance any person who, after due advice, still willfully insists to park his or her vehicle thereat.

a. As deputy officers, such security guards on-duty shall maintain a logbook or a record book for violators wherein they shall list down the name of the offender, the plate number of the vehicle the offender was driving at the time he or she was cited for violation, the appropriate time and day such violation was committed, and some other important narrative facts or data consistent of other imprudent acts that could be possibly recorded in relation to the violation committed.

b. Records of violations shall be immediately turned over to the management for formal endorsement, within twenty-four (24) hours

Ordinance No. 11, Series of 2015

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• • from the commission of the offense, to the City Treasurer's Office copy furnished the nearest Land Transportation Office or LTO station within the city, for the appropriate issuance of the corresponding citation ticket and other applicable sanctions whatsoever.

Section 6. Extra-Judicial Sanctions to Offenders. - a). Without prejudice to the imposition of other appropriate penalties stated under applicable laws and rules, any person who violates this Ordinance shall, upon the issuance of the corresponding citation ticket by the City Treasurer's office, be fined One Thousand Pesos (P1,000.00) for first offense, Three Thousand Pesos (P3,000.00) for second offense, and Five Thousand Pesos (P5,000.00) for third offense plus revocation of Driver's License by the Land Transportation Office. b). Any private commercial establishment who willfully refuses to implement this Ordinance shall, upon the issuance of the corresponding citation ticket by the City Treasurer's office, be fined an amount of Five Thousand Pesos (P5,000.00) plus revocation of Permit to Operate Business.

Section 7. Suppletory Clause. - The pertinent provisions of Republic Act Numbered Seventy-Two Hundred and Seventy-Seven (RA 7277), otherwise known as "The Magna Carta For Disabled Persons," insofar as applicable to any given case or circumstance under consideration with respect to the proper implementation of this Ordinance within the territorial jurisdiction of the city, shall be adopted to supplement the provisions hereof.

Section 8. Amendatory Clause. - The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly.

Section 9. Implementing Rules and Regulations. — The Implementing Rules and Regulations (IRR) providing guidelines for the implementation of the said ordinance shall be formulated by the Technical Services Division of City Social Welfare Development Office (CSWDO) which will be completed within 30 days after the approval of this ordinance.

Section 10. Separation Clause. - In the event that a provision or some provisions hereof are found or decreed to be invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain to be in full force and effect.

Section 11. Effectivity Clause. - This Ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within General Santos City.

Enacted by the 17th Sangguniang Panlungsod, City of General Santos on its 94th

Regular Session held on June 16, 2015.

CERTIFIED CORRECT:

Am. ROSENDO A. ROQUE Secretary to the Sanggunian

W Ordinance No. 11, Series of 2015

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ATTESTED BY:

SHIRLYN L. -NO RALES City Vice-Ma or and Presiding Officer

Approved by His Honor, the City Mayor on 'JUN 2 6 2015

2015.

t

RONNEL C. RIVERA City Mayor

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