EXCERPTS FROM THE MINUTES OF THE 122^ND REGULAR SESSION OF THE 6^th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE THIRD FLOOR TABACO CITY HALL ANNEX BUILDING ON DECEMBER 03, 2018.

Present:

Hon. Nestor T. San Pablo                             City Vice Mayor & Presiding Officer.

Hon. Luis Renir B. Burce                             President Pro-Tempore & Member,

Hon. Sheina Marie C. Onrubia                              Floor Leader & Member,

Hon. John Gio Ong-Bongao                           Assistant Floor Leader & Member,

Hon. Roderick P. Martirez                                             Member,

Hon. Arnaldo B. Bragais                                                Member,

Hon. Raul Roi B. Borejon                                              Member,

Hon. Oscar R. Rocha                                                     Member,

Hon. Julio C. Azada Chua, Jr.                                        Member,

Hon. Hector D. Rodriguez                                             Member,

Hon. Danilo C. Buenconsejo                                          Member, &

Hon. Eddie S. Perol                                             Pres., LMB & Member.

Absent:

N         O         N         E

On Official Business:

Hon. Allan Earvin S. Burce                            Pres., SK Pederasyon & Member.

 Proponents:     HON. HECTOR D. RODRIGUEZ

                        HON. RAUL ROI B. BOREJON

                        HON. EDDIE S. PEROL

City Ordinance No. 026- 2018

AN ORDINANCE AMENDING ORDINANCE NO. 04-2004, ENTITLED: AN ORDINANCE CREATING A CITY RABIES CONTROL COMMITTEE, REGISTRATION, COMPULSORY VACCINATION AND CONTROL OF WITHIN THE CITY AND APPROPRIATING FUNDS THEREOF.

WHEREAS, Republic Act No. 9482, Otherwise known as the Anti-Rabies Act of 2007, provides and establishes a system for the control, prevention of the spread and eventual eradication of human and animal rabies.

 WHEREAS, under Republic Act No. 9482, Local Government Units (LGUs) shall enact additional Local Ordinances that will support the National Rabies and Control Program.

WHEREAS, rabies, a total communicable disease of both man and animals, continues to be a major public health concern in the city;

WHEREAS, in recognition of the need for an inter-agency coordination to effectively implement a citywide animal rabies control program, agencies compose of the Local Government Unit (LGU), City Schools Division Office of the Department of Education (DepEd), the Philippines National Police (PNP), the Department of Agriculture (DA), though the Bureau of Animal Industry (BAI), should come up with a Memorandum of Agreement (MOA) and create the Rabies Control Consultative Committee (RCCC), and the at same time, be its implementing arm;

NOW THEREFORE, on motion of Hon. Rodriguez, duly seconded and unanimously approved by the members present in the session assembled;

BE IT ORDAINED by the Sangguniang Panlungsod of the City of Tabaco, that:

ARTICLE 1

GENERAL PROVISION

SECTION 1. Title. – This Ordinance shall be known as “RABIES CONTROL ORDINANCE”.

SECTION 2. Definition of Terms. – As used in this Ordinance, the following terms shall be defined as follows:

1. Dog- refers to an animal belonging to the species Canis Familiaris of the Carnivora, or flesh-eating animals.

1. Cat- refers to an animal belonging to the species Felis Catus Domesticus.

1. Owner/Possessor- means any person who is the sole or part owner of any animal.

1. The occupant of the premises on which any animal/s is/are found shall be deemed to the owner/possessor of such animals until the contrary is proven.

1. Stray Dog- Mean any dog not kept in compliance with the regulations for rabies prevention and control and dogs leaving its owners place/premises and no longer under effective control of the owner.

1. Vaccination- means the administration of an approved anti-rabies vaccine to an animal, particularly a dog.

1. Mad Dog- means a stray and uncontrolled, ferocious dog that chases and tends to bite or bites people in the streets or any public thoroughfare, not necessarily a rabid dog.
2. Bitten – refers to an act which a dog/cat seizes, cuts or grips with its teeth’s so that a thin skin of the person has been wounded pierce or scratch.

1. Rabies – refers to highly fatal disease cause by a lyssavirus transmitted mainly through the bite of an infected animal, characterized by muscle paralysis, hydrophobia aerophobia and other neurological manifestation.

1. Euthanasia – refers to the process of painless death to Dogs and other animals.

1. Impound – refers to seize and hold in the custody of the law.

1. Post-Exposure Treatment (P.E.T.) – refers to Anti-Rabies treatment administered after an exposure to Rabies, which include local wound care, Rabies vaccine, with or without Anti-Rabies immunizing agent.

1. Pre-Exposure Prophylaxis (P.E.P.) – refers to an Anti-Rabies vaccination administered before an exposure to Rabies to those who are at high risk of getting Rabies.
2. Veterinary or Human Barbiturates – refer to drugs that depress the function of the central nervous system.

1. “Magtatambal” (Bicol term) or “Magtatandok” (Tagalog term) – refers to any person who performs fraudulent or ignorant medical practices while treating a person bitten by a rabid animal, with or without payment.

1. Rabies Transmission – refers to the transmission or passage of the Rabies virus through a bite by an infected animal, or through contamination virus-laden saliva on breaks in the skin and of mucous membranes such as the eyes, the lips, the mouth, or the genital organs.

1. Neutering – refers to a sterilizing method in animals by removing a female animal’s reproductive organ and removal of testicles in male animals.

SECTION 3. Creation of the City Rabies Prevention and Control Committee (CRPCC). – There is hereby created a City Rabies Prevention and Control Committee (CRCC), here in after referred to as the Committee or CRPCC in the Local Government Unit of Tabaco to be composed of the following:

Chairperson:               –           City Mayor

Vice Chairperson:        –           City Veterinarian Officer

Co-Vice Chairperson: –           City Health Officer

Secretariat:                  –           City Veterinarian Office

Members:                    –           Sangguniang Panlungsod (SP) Chairperson

Committee on Health Social Services

• SP Chairperson Committee on Agriculture
• President Liga ng mga Barangay
• Sangguniang Kabataan (SK) Federation President
• Tabaco Philippine National Police (PNP) Chief of

Police

• Public Safety Office (PSO)
• City Legal Officer
• City Planning and Development Coordinator
• City Budget Officer
• Representative of Government Hospital

Organization (ZIGA MEMORIAL HOSPITAL)

SECTION 4. Function of the Committee. – The Committee shall have the following functions:

1. Formulate and implement immediate and long-term policies.

1. Provide a medium for the involvement of all local officials and inhabitants in the control of rabies.

1. Provide a mechanism for linkages with the Regional and National Rabies Control Consultative Committee (RRCCC).

1. Formulate a system of monitoring, evaluation and reporting of the accomplishment of rabies control programs.

1. Develop appropriate information and educational materials on rabies.

1. Perform such other functions.

SECTION 5. Organization of a Barangay Level of the Committee. – Within a month after the effectivity of the ordinance, the Committee shall undertake to organize its barangay level patterned as much as possible on its own set-up and headed by the Punong Barangay and Council Members, respectively.

ARTICLE II

REGISTRATION

SECTION 6. Duty of the Barangay Chairperson, Owner/Possessor of Dogs and Cats. – It shall be mandatory for the Barangay Chairman to cause the registration of all dogs/cats in his/her jurisdiction.

If the Barangay Chairman fails, omits or neglects his duty to cause such registration, he/she could be charged administratively for non-feasance in the conduct of his/her official duties subject for further civil liability for damages in accordance with the provision of the New Civil Code of the Philippines.

It shall be the duty of every owner/possessor to cause his dog and possibly, cats to be registered with the Office of the Barangay Chairperson concerned within one (1) week after birth or within (5) days from date of arrival within the barangay if the same was brought from elsewhere. After a month of effectively of this ordinance, all dogs and cats present in the respective barangays must be registered with the Office of the Barangay Chairperson. Furthermore, registration of dogs and cats which are already in the period of the said month to the registering committees in the area. This hold true in the years to come.

SECTION 6-A. – The mandatory registration shall require corresponding fees from the owner/possessor of dogs/cats on a per head basis. The amount shall be determined by the Barangay Council which, in no case, shall not exceed Fifty pesos (₱ 50.00). The proceeds to be shared accordingly: eighty percent (80%) to the barangay concerned: twelve percent (12%) to the City and eight percent (8%) to the Provincial Government.

SECTION 7. Creation of the Barangay Rabies Prevention and Control Committee (BRPCC). – BRPCC shall be created in all the barangays within the city with the following composition to wit:

Chairperson:               –           Punong Barangay

Vice Chairperson:        –           Sangguniang Barangay (SB) Chairperson –

                                                    Committee on Health and Sanitation

Secretariat:                  –           Barangay Secretary

Members:                    –           School Principal

• SK Chairperson
• Day Care Teacher
• Chief of Barangay Tanod (BPSO)
• Barangay Treasurer
• Barangay Rabies Coordinator (BHW)
• Purok Presidents
• Representatives of Non-Government

Organization (NGO) as recommended by City Rabies Control Committee

• President of Home owners Association as

applicable

SECTION 7-A. Duties and Function of Barangay Rabies Prevention and Control Committee. –

1. Appoint a Barangay Anti-Rabies Control Coordinator among the Barangay Health Worker.

2. Implement, Supervise and monitor rabies prevention and control activities of barangay.

3. Formulate measure on control of stray dogs and cats.
4. Provide a temporary animal holding/shelter facility.

5. Support and assist City Rabies Control Committee:

1. Management of updated dog population in the barangay every January or as required by the City Anti-Rabies Control Committee;

1. Provide assistance during house to house vaccination campaign;

1. Provide assistance in the control of stray dogs and cats;

1. Submit required reports to the city veterinary office and other concern agency strictly to enforce mandated provision of Republic Act No. 9482;

1. Allocate and utilize resources as well as mobilize barangay personnel of this purpose;

1. Identify activities and subjects to execute rabies elimination and provide conduct of performance evaluation;

1. Establish guidelines and procedures in the registration monitoring detection and quarantine of dogs and cats; and

9482. Signages must be established in conspicuous places within the Barangay, citing the Mandate of Republic Act No. 9482.

SECTION 8. Central Registry Office. –The city veterinary office shall be the central registry of all rabies incidents in the city. As such as the office shall established a central data base system for registered vaccinated dogs. All barangays including private clinics and private veterinary practitioners, conducting registration and vaccination are directed to submit updated reports in the City Veterinary Office. It shall constantly coordinate with the Provincial Health Office on Rabies related incidents.

Within a year after the enactment of this amended ordinance an animal pound shall be established by the City.

SECTION 9. Notice of Death, Loss or Transfer. – It shall be the obligation of every owner/possessor, having registered his dog or cat to notify the Office of the Punong Barangay of such death or transfer within a period of two days and, in case of loss, immediately hereafter.

ARTICLE III

COMPULSORY VACCINATION AGAINST RABIES

SECTION 10. Duty of Owner/Possessor of Dogs and Cats Before and After Registration. – Owners within the City shall submit their dogs and cats three (3) months of age or older for anti-rabies vaccination by the licensed private or government veterinarian and every two (2) years thereafter or as indicated on the label/literature of the vaccine but in no case should exceed twenty-four (24) months.

SECTION 11. Responsibilities and Obligations of Pet Owner. – All pet owners shall be required to:

• Have their Dog regularly vaccinated against Rabies and maintain registration card which shall contain all vaccinations conducted on their Dog, for accurate record purposes.

• Submit their Dogs for mandatory registration.

• He shall keep the registration card for record purposes and present the same during annual vaccination and when deemed necessary.

• Maintain control over their Dog and not allow it to roam the streets or any Public Place without a leash.

• Be a responsible Owner by providing their Dog with proper grooming adequate food and clean shelter.

• Within twenty-four (24) hours, report immediately any Dog biting incident to the Concerned Officials for investigation or for any appropriate action and place such Dog under observation by a government or private veterinarian.

• Assist the Dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries.
• He shall limit his pet reproduction through spaying or neutering containment or managed breeding.
• He shall be obliged to observe the animal for fourteen (14) days as part of the observation period. In case of an eventual death of the animal, he shall immediately notify the City Veterinary Office.

• He shall assist the victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim injury.

• Shall comply with the provisions of Republic Act No. 8485 in the promotion of Animal Welfare.

SECTION 12. Issuance of Certificate of Vaccination. – Upon vaccination, a Certificate of Vaccination shall be correspondingly issued to the owner/possessor who shall, at all times, be prepared to present the same to the proper authorities upon demand.

SECTION 13. Cost of Vaccines. – The Committee is hereby authorized to determine and collect the reasonable cost of the vaccines administered if the situation warrants it, which shall be paid by the owner or possessor.

SECTION 14. Mass Vaccination. – During free, mass dog and cat rabies vaccination campaigns in high risk areas instituted by the City Veterinary Services and in coordination with the Provincial Veterinary Office in terms of Vaccination Program to meet Zero Rabies in the Province of Albay. Every dog, three (3) months of age and older should be submitted by the owner for vaccination. Appropriate tag or collars identifying the vaccinated from the unvaccinated shall be attached to dogs and cats in such areas.

ARTICLE IV

OTHER RABIES CONTROL MEASURES

SECTION 15. Reporting of Rabies Cases. – Any person who knows or suspects a dog or a cat to be affected with rabies under any circumstances shall immediately notify the city veterinarian, the City Mayor or the barangay officials of the incidence of such disease

SECTION 16. Mandatory Leashing or Confinement of Dogs/Cats and the Establishments of Dog Pound. – Immediately after the effectively of this ordinance, all owners are ordered to leash or provide appropriate confinement to their dogs and cats in order to curtail the transmission of disease by direct contact. Failure of the owner/possessor to leash or confine the dog/cat the Barangay Council shall impound the same in a dog pound mandatory established by the council.

SECTION 17. Destruction by the Slaughter of Humane Way of Liquidation (Euthanasia) of Stray and Infected Dogs and Cats. – Within the same period as indicated in the preceding section, any stray dog or cat shall be eliminated through shooting with tranquilizer darts to immobilize the animal at the expense of the owner/possessor or to be impounded at the City Dog Pound. If impounded after three (3) days, the LGU concerned can eliminate the dog/cat by slaughter or euthanasia. Mad dogs however, may be summarily abated, as they are considered nuisance, per se.

SECTION 18. Massive Information Drive on Rabies. – The Committee shall formulate and implement an information system to effectively inform the residents of the provisions of this Ordinance to maximize compliance.

SECTION 19. Impounding and Disposition of Unregistered Stray and Unvaccinated Dogs and Cats. – Unregistered stray or unvaccinated dogs and cats shall be impounded and kept in the city designated animal pound and shall be properly disposed of after three (3) days of impounding.

SECTION 20. – The City shall establish a “Dog Pound Facility” which includes Euthanasia processing.

SECTION 21. Massive Information and Campaign. –

1. Lectures in responsible in ownership and rabies awareness shall be conducted during public assemblies in the barangay including schools the national annual rabies consciousness and the “Rabies Awareness Month” shall be observed every month of March and “World Rabies Day” every September 28 respectively.
2. Citywide “Pet Dog Show” shall be a regular activity during TABAK festival to promote responsible pet ownership. As much as necessary reading material on responsible pet ownership and rabies awareness shall be distributed to schools, like wise poster shall be establish in barangay halls and pet shops.

ARTICLE V

MISCELLANEOUS PROVISIONS

SECTION 22. Penalties. – Violation of any section of this Ordinance shall be penalized as follows:

• First Offense – A fine of One Thousand Pesos (₱ 1,000.00) and/or imprisonment to five to ten (5 – 10 ) days or both at the discretion of the Court.

• Second Offense – A fine of Two Thousand Pesos (₱ 2,000.00) and/or imprisonment of fifteen to twenty (15 – 20) days or both at the discretion of the Court.

• Third and Subsequent Offenses – A fine of Three Thousand Pesos (₱ 3,000.00) and/or imprisonment of twenty-five to thirty (25 – 30) days or both at the discretion of the Court.

• In cases of impounded stray animals the owner shall be fined with the amount of Five Hundred Pesos (₱ 500).

SECTION 22-A. – Should a stray dog, vaccinated or unvaccinated, against rabies, bites a person or group of persons, the owner/possessor of the animal is responsible for the damage that it may cause although it may esc ape or get lost. The damage shall include but not limited to hospital bill or the cost of the human anti-rabies vaccine plus the funeral cost of the person in an unlikely event of death caused by a dog bite as certified by a government physician. This responsibility shall cease only in cases where the damage emanates due to force majeure or from the negligence/fault of the person who suffered the damage.

SECTION 23. Period Given to the Offender. – The Offender shall be given seventy-two (72) hours or three (3) working days within which to pay the fine to the City Treasurer’s Office; otherwise, appropriate charges shall be filed in court against the offender for violation of this ordinance.

SECTION 24. Distribution of Fines. – Fifty percent (50%) of the fine shall be remitted to the City Treasurer’s Office and shall accrue to the trust fund of CRPCC and the other fifty percent (50%) shall accrue to the trust fund of BRPCC.

SECTION 25. Allocation of One Million Pesos. – Every year, the City Government shall allocate One Million Pesos (₱ 1,000,000.00) for the implementation of this Ordinance.

SECTION 26. SEPARABILITY CLAUSE. – If for any reason, any section of this Ordinance shall be held unconstitutional or invalid, other sections which are not affected thereby shall continue to be in full force and effect.

SECTION 27. REPEALING CLAUSE. – All ordinances, rules and regulations or parts thereof in conflict with this Ordinance are hereby repealed, provided that rights that are vested at the time of the effectivity of this Ordinance shall not be impaired.

SECTION 28. EFFECTIVITY CLAUSE. – This ordinance shall take effect fifteen (15) days after publication in a newspaper of general circulation.

APPROVED, this 3^rd day of December 2018.

We hereby certify to the correctness of the foregoing Ordinance.

(Sgd.)

HECTOR D. RODRIGUEZ              RAUL ROI B. BOREJON

                             Proponent                                          Proponent

EDDIE S. PEROL                     NESTOR T. SAN PABLO  

                             Proponent                        City Vice Mayor & Presiding Officer

Attested:

GLENDA B. PANTI

Secretary to the Sangguniang Panlungsod

Approved:

                                                 CIELO KRISEL LAGMAN-LUISTRO

                                                                           City Mayor