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Republic of the Philippines

City of lloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 430 REGULAR SESSION OFTHE SANGGUNIANG PANLUNGSOO
OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, 6'" FLOOR NEW CITY HALL
BUILDING, PLAZA LIBERTAD, ILOILO CITY, ON TUESDAY, DECEMBER 02, 2014.
PRESENT:

HON. JOSE S. ESPINOSA Ill

City Vice Mayor & Presiding Officer
HON. LYNDON V. ACAP
HON.RODELF.AGADO
HON. JOSHUA C. ALIM, Floor Leader
HON. LADY JULIE GRACE L. BARONDA
HON. R LEONE N. GEROCHI
HON. JASON R. GONZALES
HON. CARLOS P. GUARIN, President, Liga ng mga Barangay
HON. PLARIDEL c. NAVA II, Asst Floor Leader
HON. ARMAND S. PARCON
HON. EDUARDO L. PENAREDONDO
HON. LIEZL JOY ZULU ETA-SALAZAR
HON. JOSE EFRAIN G. TRENAS Ill
HON. NIELEX C. TUPAS

Member
Member
Member
Member
Member
Member
Ex Officio Member
Member

Member
Member
Member
Member
Member

ABSENT:
None.

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REGULATION ORDINANCE NO. 2014-526

~ ~~~AN ORDINANCE REQUIRING ALL GOVERNMENT AGENCIES AND PRIVATE/PUBLIC AND
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COMMERCIAL ESTABLISHMENTS AND INSTITUTIONS FORMAL AND INFORMAL
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SECTOR TO ESTABLISH LACTATIONIBREASTFEEDING STATION AND PRESCRIBING
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PENALTIES FOR VIOLATION THEREOF

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Sponsored by Councilor Lyndon V. Acap and unanimously co-sponsored by

Councilor Radel F. Agado, Nielex C. Tupas, Liezl Joy Zulueta-Salaza-, Plaridel
c. Nava II, R Leone N. Gerochi, Eduardo L. Penaredondo, Annand S. Parcon,
Jose Efrain G. Trellas Ill, Lady Julie Grace L. Baronda, C311os P. Guarin, Jason
R. Gonzales and Joshua C. Alim

WHEREAS, the 1987 Constitution of the Republic of the Philippines mandates the State to promote the
right to health of the people and instill health awareness among them;
WHEREAS, Section 16 of the Republic Act 7610 provides that the Local Government shail ensure and
promote the general we~are of its constituents, to include among others, the promotion of health and safety;
WHEREAS, the Philippines has adop!ed the World Health Organization (WHO) and United Nations
ln!emational Children's Emergency Fund (UNICEF) '2002 Global Strategy on Infant and Young Child Feeding'
which recommends exclusive breast milk feeding for newborn, and with continued breastfeeding in combination
with complimentary feeding for infants and young children from six (6) months onwards;

Rea. Ord. No. 2014-526. Dec. 02. 2014

Page2

WHEREAS, Section 459, par. A, subpar.1 (iii) of the Local Government Code empowers the Sangguniang
Panlungsod to impose a fine not exceeding Rve Thousand Pesos (PS,000.00) or an imprisonment for a period not
exceeding one year, or both in the discretion of the court, for violation of a city ordinance;
WHEREAS, the RA 7600 as amended by RA 10028 known as 'The Expanded Breastfeeding Promotion

Act No. 7600 of 2009' is one among the State policies to protect women by providing safe and healthful working
condition, taking into account their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the sefvice of the nation;

WHEREAS, the Local Government of 1992 provides: Section 16 General Welfare - Eveiy Local
Government unrt shall exercise the powers expressly granted, those necessarily implied there from, as well as
powers necessary, appropriate, or incidental for ~ efficient and effective governance, and those which are
essential to the promotion of the general welfare.
NOW. THEREFORE, be rt ordained by the Sangguniang Panlungsod of the City of lloilo, in session duly
assembled, that:

Article I
DECLARATION OF PRINCIPLES AND POLICIES

Section 1. . The Philippines is coornitted to the attainment of the Millennium Development Goal No1 on
the reducing hunger and poverty with a measure on reducing child mortality by two thirds by 2015.

Section 2. - The World Health Organization's exper1s have identified breastfeeding as the most costeffective measure to prevent infant and young child deaths.

Section 3. - The Department of Health's National Policy on Infant and Young Child Feeding and the
Nutritional Guideiine of the Philippines (NGP) recommended the following:
a. Breastfeeding initiated within one hour after birth;
b. Exclusive breastfeeding for the first six months of life;
c. Continue breastfeeding up to two years and beyond with the introduction of safe, affordable, and
appropriate complementaiy food.

Section 4. Republic Act No. 10028, an Act Expanding the Promotion of Breastfeeding, amending RA No.
7600, otherwise known as 'An Act Providing Incentives to All Government and Private Health Institutions with
rooming-in and breastfeeding practices and for other purposes; thus otherwise known as the Expanded Promotion
of Breastfeeding Act of 2009, requires all private and public institutions, medical and non-medical, to set-up
lactation facilities in the wori<place with appropriate lactation program to allow employees to express their milk that
would ensure optimum health and proper nutrition of their infants.

Section 5. - Memorandum Circular No. 2011-54 from the Department of Interior and Local Government
emphasizes the implementation and monrtoring of the National Policy on Breastfeeding and setting-up of
workplace lactation program.
Section 6. - Breastfeeding is a gender-related concern and should be incorporated in the GAD (Gender and
Deveiopment) Plan of all government and private agencies and offices for budgetary support.
Article II
SCOPE AND COVERAGE

Reg. Ord. No. 2014-526. Dec. 02. 2014

Page 3

Section 7. Scope. - This ordinance shall apply to all government offices and private/public
establishments and institutions operating within the territorial jurisdiction of the City of lloilo.
Section 8. - Facility. It shall be the duty of the employer to provide a breastteeding room in their
office/establishment to allow mothers to either breastfeed their babies whom they bring to work or express their
breast milk and allow caregiver to give it to infants while the mother is at work. And to allow mothers/customers
who visit an office or establ'1shment to breastteed their babies with the use of the said facility.
In case of establishments with tenants or engage in leasing of building space, it should be the duty of the
building owner or lessor to put-up a lactation station in his/her establishment to accommodate women in
reproductive age who breastteed their infants or express their breast milk.
Section 9. Minimum Requirement. A comfortable breastteeding room shall be provided to ensure that
the health and safety of mothers and their babies are observed. Appropriate breast milk storage, hand washing
facility, table and comfortable chairs shall be provided by the employer.
The minimum requirement provided on the setting of a "Mother-Baby Friendly Workplace" shall be
observed. Proper use of the breastteeding facility shall be free of charge.
Section 10. Criteria in Detennining Exempted Private Establishments. As stated in section 8 of Rule
Ill of the Implementing Rules and regulations of RA 10028, an application for exemption may be granted by the
DOLE Regional Director upon determination by the latter that setting up and providing a lactation station is not
feasible or necessary due to peculiar circumstances of the workplace, taking into account, among others:
a.1. the number of women employees,
a.2. physical size of the establishment,
a.3. average number of women who will use the facility, and
a.4. the exemption granted shall be for a renewal period of two (2) years
Accordingly, the following are exempted from setting up the lactation station:
b.1 Those establishments with limited work area, employing all male workers;
b.2. Those establishments whose women employees are aged 50 years and above or are
no longer capable of child bearing.
Public sector may apply for the exemption from the Chairperson of the Civil Service Commission. The
exemption granted by the Civil Service Commission shall be for a renewal period of two (2) years.
Section 10.1 Procedure in the Filing for Exemption. An application shall be supported by the following
documents and shall be filed by the employer of his/her representative at the nearest Field Offices of the DOLE
Regional Office having jurisdiction over said establishment:

a. One copy of duly accomplished application form signed by the employer or his/her
representative (Annex A) can be downloaded from the DOLE website
b. Written justification signed by the employer and related documents to show sufficient
grounds for applying for the exemption
c. Certificate of previous exemption (if applying for renewal)

Reg. Ord. No. 2014-526. Dec. 02. 2014

Page4

Section 10.2 Display and Validity of Certificate of Exemption. The original certificate of exemption
issued by the DOLE Regional Office or a copy thereof shall be displayed conspicuously at all times in the
work/office premises of the establishment. The certificate of exemption of the covered establishments shall be
renewable every 2 years.
Section 10.3 Non-exclusion from Providing Paid Lactation Periods. All establishments are still
required to provide paid lactation periods or break intervals of not less than 40 minutes for every 8-hour working
period in addition to regular time-off for meals to their nursing employee/s to express breastmilk.
Article Ill
MECHANISM AND ENFORCEMENT
Section 11. - Creation of Tripartite Body. The City Mayor as the head and Appointing Officer of the
Tripartite Body, shall organize a monitoring team to comprise a tripartite body from a different multi-sectoral
agencies/partners and are responsible to conduct a regular visitation and inspection at least once every three
months to ensure the faithful compliance of this ordinance and for the sustainability of this program.
Section 11.1. - Composition. The Tripartite Body as approved by the City Mayor shall compose
representatives from the following:
..

Government Agencies

1. Committee on Health -Sangguniang Panlungsod, Chairman

2. City Health Office - NutritionisVDietician and Breastteeding Coordinator

3. Depatment of Health
4. City Engineers Office
5. And such other person/s that may be authorized by the City Mayor

b. Informal sectors (President or Authorized Representative)

c. Formal Sectors (President/Governor or Authorized Representative)

Section 11.2 - The City Breastteeding Coordinator or such other personls as maybe authorizes by the
City May shall issue a citation ticket to non-complying establishment.
Section 12. - The owner of the building is responsible to put up Breastteeding (Lactation) signage that
be visible to the general public and employees of that particular establishment.
FINAL PROVISION
Section 13. - Penalties. Any person, natural or juridical, found guilty of violating any of the provisions
hereof shall be issued a citation ticket to be settled within three (3) days upon issuance with the City Treasurers
Office;
a. A fine of four thousand pesos (P4,000) on the first offense;
b. A fine of five thousand pesos (P5.000) on the second offense;

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c. A fine of five thousood pesos (P5,000) and/or Rve (5) days impriS011ment shall be imposed to ooy
personls and/or in cases of manager/s, presidenUs and managing director upon sound discretion of the court on
the third offense;

Section 14. - Separability Clause. Should any provision hereof be deciired unconstitutional or ultra vires,
the others not so declired shall remain in full force and effect.

Section 15. - Repealing Clause. All other provisions of existing ordinances, resolutions and executive
issuances inconsistent with this ordinance are hereby repealed, amended or modified accordingly.
Section 16. - Effectivity. This ordinance shall take effect fifteen (15) days after the same has been publish
in a newspaper of general circulation in lloilo City.
ENACTED, December 2, 2014.
I hereby certify to the correctness of the above quoted ordinance.

UTH H. ARROYO
tary to the Sanggu n
ATTESTED AND CERTIFIED
TO BE DULY ENACTED:

City Vice Mayor & Presiding Officer

/nsts/CRN 14-11-165 (corol/BfJ')

APPROVED: