Republic of the Philippines

City oflloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 31sr REGUL,\R·St:SSION OF THE gTH

SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHIIJPPINES, HELD
AT THE SESSION HALL, 6TH FLOOR NEW CITY HALL .BUILl>ING, PLAZA
LIBERTAD, ILOILO CITY, ON TUESDAY, AUGUST 15, 2017.

PRESENT:
HON. JOSE S. ESPINOSA III
City Vice May<>• & Presiding Officer

Hon. Joshua C. Alim Member

Hon. Lady Julie Grace L. Baronda Member
Hon. Ely A Estante, Jr. Member
Hon. Jeffrey P. Ganzon Member
Hon. R Leone N. Gerochi, ks!. Floor Leader Member
Hon. Rey land V. Hervias, (Pres. Liga ng mga Brgy.) Ex Officio Member
Hon. Mandrie T Malabor Member
Hon. Armand S. Parcon Member
Hon. Eduardo L. Pefiaredondo,F/oor Leader Member
Hon. Jose Efrain G. Trefias Ill Member
Hon. Candice Magdalane A Tupas, M.D. Member

ABSENT:

Hon. Plaridel C. Nava ll (On Sick Leave) Member

~~ Hon. Liezl Joy Zulueta-Salazar (On Special Leave) Member

.: .11.P"~~."°'1
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., REGULATION ORl>INANCE NO. 2017-129

J. ·. ..\\AN ORl>INANCE CREATING THE ILOILO CITY DANGEROUS DRUGS

1 :1'? ADMINISTRATIVE BOAR» (ICDDAB) AND PROVIDING FUNDS FOR ITS
~· I OPERATION

Sponsored by Hon. R Leone N. Gerochi, duly seconded by Hon.

Jose Efrain G. Trefias III and Hon. Candice Magdalane A. Tupas

WHEREAS, Section 52(a) of RA 9165 otherwise known as "The Comprehensive

Dangerous Drugs Act of 2002" provides that any city or municipality may, by ordinance, create
an administrative board to hear complaints regarding nuisances particularly involving any place
or premises which have been used on two or more occasions as the site of the unlawft.tl sale or
~livery of dangerous dru~ or used as. drug den for pot sessions and other similar activities so
...(' u1at the same may be abated expeditiously;

WHEREAS, pursuant to the said provision of law, Mayor Jed Patrick Mabilog urgently
requested the Sanggunian Panlungsod of Iloilo City in writing for the creating of the Iloilo City
Dangerous Drugs Administrative Board;

WHEREAS, the creation of the ICDDA will provide an expeditious remedy to address
and abate structures that are used in the sale, use or trade of illegal drugs.

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod, in session

assemble, that this ordinance be passed, to wit:
 Reg. Ord No. 2017-129. Aug. 15. 2017 Page2

Section I. - The Iloilo City Dangerous Drugs Administrative-Board (ICDDAB) pursuant

to Section 52 ofR.A 9165, is hereby CREATED;
'
Section 2. - Composition. - The ICDDAB shall be composed of the following:

a. City Health Officer as Chairperson

b. City Legal Officer as Member
e. Chief of Police as Member.

Section 3. Function and Authority. - The !CDDAB shall:

a. Accept notarized complaints regarding any place or premises. within the City
oflloilo. that have been used on two or more occasions as the site or venue of
the unlawful sale or delivery of dangerous or illegal drugs, or used as drug
dens for pot sessions and other similar activities~
b. Hear. accept evidence, resolve and impose penalty in relation to Section 3(a)
of this Ordinance. in accordance with the Rules of Procedure prescribed under
Section 4 of this ordinance.
c. File a complaint seeking a pennanent injunction against any place or premises
declared, after the proceedings as nuisance.

Section 4. Procedure. - The hearing of cases filed to the ICDDAB shall be subject to
the following guidelines:

a. Any employee, officer. or resident of Iloilo City may bring a notarized complaint
before the ICDDAB which notarized complaint must be accompanied by documentary
proof of service of a copy of the complaint to the owner of the subject place or
premises, not less than three (3) days before the filing of the same to the ICDDAB;
b. Within three (3) days from receipt of the notarized complaint, a hearing shall be
conducted by the ICDDAB, with notice to both parties, and the ICDDAB may consider
any evidence submitted, including evidence of general reputation of the subject place or
premises
c. The owner/manager of the subject place or premises shall also be given an
opportunity to present any evidence in his/her defense.
d. After hearing the ICDDAB may, as warranted by substantial evidence presented,
declare the place or premises to be a public nuisance;
e. The hearing shall be terminated within ten (10) days from commencement.
f The Rules of court on the weight and admissibility of evidence shall suppletory
/ application to the proceedings.

~ Section 5. Implementation - If the ICDDAB 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 activity on the premises which is conducive to such nuisance. The City Mayor
shall implement the order of the ICDDAB and shall assume full responsibility in seeing to it that
the order is immediately complied with.

The order issued by ICDDAB shall expire after one (1) year. or as such earlier time as
stated in the order.

The ICCDAB. upon showing that the place is no longer a public nuisance, may conduct a
hearing, with due notice to the complainant for the possible lifting ofthe order.
 'l!l I!1
) ;,; f M

Reg. Ord No. 2017-129. Aug. 15. 2017 Page3

In case the subject place or premises declared a nuisance unckr this Ordinance is a
residential house, the implementation of the order shall be in accordance with the guidelines of
the Dangerous Drugs Board, without prejudice to the filing ofa criminal case against the owner
of the subject place or premises under pertinent laws.

This ordinance shall not restrict the right of any person to proceed under the Civil Code
on public nuisance. Neither shall this Ordinance restrict the power of the Sangguniang
Panlungsod to declared or abate any nuisanee tmder Section 458 (a) (4) (i) of the Local
Government Code, to wit:

=
Section 458. Powers, Duties, Functions and Compensation. (a) The Sangguniang
Panlrmgsod, as the legislaiire bcdy ef the city, shall enact ordinances, approve- resolutions and
appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of
this Code and in the proper exercise of the corporate powers of the city as provided for under
Section 22 of this Code, and shall, x x x (4) Regulate activities relative to the use of Jami,
buildings and stn1ctures within the City in order to promote the general welfare and for the
purpose shall {i) Declare, prevent or abate any m1isance nx

Section 6. The City Government shall allocate funds for the implementation of this
ordinance.

Section 7, This ordinance shall take effect ten (IO) days after ils pillical.Wl! !!l a
newspaper of general circulation in Iloilo City_

ENACTED, August 15, 2017.

I hereby certify to the correctness of the above quoted ordinance.

ARlj:j3YO f-tb'#°'
Secretary to the Sl-'-

ATTESTED & CERTIF

TOBED YENACTED: APPROVED:

City

/natsCRN 17-08-1974 (corollary)