MANILA — The Quezon City Police District (QCPD) on Wednesday welcomed the approval of a new ordinance aimed at easing procedures on the apprehension of city ordinance violators.
QCPD director Chief Supt. Joselito Esquivel said City Ordinance 2752-2018 or “An Ordinance Providing for the Procedure in Cases of Violation of City Ordinances Imposing Fines, Penalties and Community Services” will make it easier for both the apprehending authorities and suspects to address violations and corresponding penalties, help minimize congestion of QCPD custodial facilities, and protect the rights of the people.
The city ordinance tapped local law enforcement units such as the Barangay Public Safety Officers (BSPO), Department of Public Order and Safety, and Environmental Protection officers to enforce the new measure.
“Nagpapasalamat po kami sa ating butihing Mayor (Herbert) Bautista sa pag-apruba ng ordinansang ito. Magsisilbi itong gabay hindi lamang sa publiko kundi pati na rin sa ating kapulisan kung paano mapapadali ang pagproseso sa mga lumalabag ng mga ordinansa ng Lungsod Quezon (We thank our good Mayor Herbert Bautista in approving this ordinance. This will serve as a guide not only for the public but the police as well as it will ease processing of violators of Quezon City ordinances),” Esquivel said in a message sent to reporters.
Since June 13, a total of 235,427 violators of city ordinances were accosted, wherein 205,339 were warned, 2,044 were fined and 28,044 were charged.
Under the new ordinance, any person caught for violation of any provision of an ordinance may be issued with an Ordinance Violation Receipt (OVR).
If the violator will not contest the violation and is willing to pay the fine, which may be imposed prior to the filing of a complaint, he or she shall be allowed to pay the fine at the City Treasurer or in the barangay where the arrest took place.
The case shall be considered closed after payment and after presenting the OVR to the apprehending authority, who shall attach a certified true copy of the receipt along with the document of the case.
Violators will be given five working days from the issuance of the OVR to pay the fine.
Furthermore, under the new ordinance, the fine shall be the minimum imposable by the ordinance violated. If there are fines imposed in the second and third offenses, the minimum fine in the second and third offenses shall be charged.
If the violator had already availed of the No Contest Provision three times, he/she could no longer avail of the privilege, and a case with maximum penalty imposed shall be filed against the violator.
If a violator has no capacity to pay the fine, he/she may render community service from one to two days of community service for the first offense, two to three days for the second offense, and three to four days of community service for the third offense.
When an offender is a corporation, partnership, organization or any similar entity, the OVR shall be issued to its president and/or general manager or managing partner, or any other officer-in-charge of the organization.
Fines paid by violators, who availed of the “No Contest Provision”, shall be equally shared by the city government and the barangay, which also cover meals and other allowances of the BPSO and the deputized agent.
Anyone below 18 years of age is exempted from the issuance of OVR.
A child who is cited for violation of a city ordinance shall be recorded as a “child at risk” and not as a “child in conflict with the law.”
The violator shall be brought to any barangay official at the barangay hall and referred to the City Social Services Development Department (SSDD), with the assistance of the barangay, for release to the custody of parents or guardian, or, if neither is present, the child’s nearest relative.
If the parents, guardians or relatives cannot be located, or if they refuse to take custody, the child may be released to a duly registered non-government or religious organization, barangay official or a member of the Barangay Council for the Protection of Children, SSDD or any other appropriate agency.
The SSDD shall determine and design the intervention program for the child.
The program shall consist of counseling, attendance in group activities for children, and for the parents, attendance in parenting education seminar as provided under Republic Act 10630 or “Juvenile Justice and Welfare Act of 2006.”
If the child has been found by the SSDD to be dependent, abandoned, neglected or abused by their parent and the best interest of the child is to be placed in the Youth Care Facility, the child’s parents or guardians must first execute a written authorization for the child’s voluntary commitment.
In the absence of parents or guardians, or if they refuse to execute a written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the SSDD as provided under Section 21 of RA 9344, “Procedure for taking the child into custody shall at all times be observed by any law enforcer who takes a child into custody.” (/PNA)
