Republic of the Philippines

Province of Aklan
Municipality of Ibajay
Office of the Sangguniang Bayan
MINUTES OF THE 41st REGULAR SESSION FOR CY 2018 OF THE SANGGUNIANG BAYAN
(2016–2019) OF IBAJAY, AKLAN HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON
NOVEMBER 7, 2018.
PRESENT:
Hon. Plaridel M. Solidum Vice Mayor, Presiding Officer
Hon. Cyril M. Alag Sangguniang Bayan Member
Hon. Diva S. Agustin “
Hon. Emilio S. Ilinon “
Hon. Rita S. Magbiray “
Hon. Remar S. Bautista Liga Pres., SB Member (Ex-Officio)
Hon. Joy Clarisse R. Briones Mun. SK Fed. Pres., SB Member (Ex-Officio)
TARDY:
Hon. Mabini M. Ascaño Sangguniang Bayan Member
Hon. Rano B. Hontiveros “
ABSENT:
Hon. Julio M. Estolloso (On Official Business) Sangguniang Bayan Member
Hon. Elmer F. Colangoy “
x x x
“ORDINANCE NO. 225
Series of 2018

“AN ORDINANCE PROHIBITING THE HOME DELIVERY OF INFANTS BY

TRADITIONAL BIRTH ATTENDANTS (HILOTS/MANANÓDS) AND
PROFESSIONAL HEALTH PRACTITIONERS, IMPOSING PENALTIES FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES.
Sponsored by Hon. Rita S. Magbiray

“BE IT HEREBY ORDAINED by the Sangguniang Bayan of Ibajay, Aklan in

session duly assembled that:

“SECTION 1. Title. This ordinance shall be known as the “No Home Delivery
Ordinance of Ibajay, Aklan.”

“SECTION 2. Scope. For the purpose of its implementation this ordinance shall be
applied to the act of delivering birth, the practice of delivering births, the practitioners of
delivering birth, the birthing home facilities, and the other acts involving reproductive
health, situated or undertaken within the territorial jurisdiction of Ibajay, Aklan.

“SECTION 3. Purpose. The Ordinance aims at improving the delivery of health

services through the adoption and implementation of a local ordinance that promotes the
safe delivery of babies at any Birthing Facility in the Municipality.

“SECTION 4. Declaration of Policies. The Municipality of Ibajay, Aklan joins the

effort of the Department of Health (DOH) in promoting safe deliveries of infants. In
doing so, it prohibits the deliveries of babies at home, thus, requiring pregnant mothers
to do it at the municipal Birthing Facility which is manned by professional health workers.
In the implementation of this ordinance, the Municipal Government of Ibajay shall
be guided by the following principles: a) The Municipality recognizes the safe delivery of
births as a primordial responsibility of the government, the primary duty of all expecting
parents and the sacred right of unborn children; b) The Municipality acknowledges the
benefits and advantages being provided by the Philippine Health Insurance Corporation
(PhilHealth) and shall strive to expand its availability to all birthing mothers; c) The
Municipality protects and promotes the right to health of the people, including the rights
of children to survival and full and healthy development as normal individuals.

“SECTION 5. Definition of Terms. As used in this Ordinance, the succeeding terms

shall mean as follows:
Ord. No. 225, s. 2018
Page 2

a. Antenatal Care/Prenatal Check-Up is a comprehensive health care from an

obstetrician or nurse-midwife for a woman during pregnancy. The focus of medical
care is prevention. It is an indicator of access and use of health care.

b. Barangay Health Worker (BHW) is a person who has undergone training on primary
health care services under any accredited government or non-government
organization and who voluntarily render primary health care service in the
community after having been accredited to function as such by the local health
board in accordance with the guidelines promulgated by the DOH.
c. Basic Emergency Obstretic and Newborn Care (BEmONC) is a capable private health
facility or an appropriately upgraded public health facility that is either a
Rural Health Unit (RHU) and/or its satellite Barangay Health Station (BHS) or
hospital capable of performing the following emergency obstetric functions: (1)
parenteral administration of oxytocin in the third stage of labor; (2) parenteral
administration of loading dose of anticonvulsants; (3) parenteral administration of
initial dose of antibiotics; (4) performance of assisted deliveries in imminent
breech; (5) removal of retained placenta; and (6) manual removal of retained
placenta. This facility is also able to provide emergency neonatal interventions,
which include at the minimum (1) newborn resuscitation; (2) treatment of
neonatal sepsis/infection; (3) oxygen support. It can also be a single or stand
alone facility or part of a network of facilities in an inter-local health zone.
d. BHW Registration and Accreditation Committee is created and tasked purposely to
facilitate the registration and accreditation of barangay health workers of the
municipality implementing rules and regulation and accreditation of Republic Act
7883 otherwise known as the barangay health worker’s benefits and incentives act
of 1995.
e. Birthing Facility refers to a public or private birthing place catering to the deliveries
of normal full-term pregnancies. This shall include Barangay Health Centers, Rural
Health Units, private and public birthing homes/clinics, lying-in centers, and
hospitals.
f. Comprehensive Emergency Obstretic and Newborn Care (CEmONC) are the
interventions provided to pregnant women and newborns experiencing fatal
complications, including severe bleeding, infection, prolonged or obstructed labor,
eclampsia, and asphyxia in the newborn. It is a tertiary level provider which may
be a regional hospital or medical center, provincial hospital or an appropriately
upgraded district hospital. It can also be a capable privately operated medical
center. It is capable of performing emergency obstetric function as a BEmONC
provider facility, as well as providing surgical delivery (caesarian section), blood
bank transfusion services, and any other highly specialized obstetric interventions.
It also able to provide emergency neonatal care. It can also serve as high volume
providers for intra-uterine device (IUD) and voluntary surgical contraception (VSC)
services.
g. Health Care System is the organization of people, institution, and resources that
deliver health care services to meet the health needs of target populations.
h. Hilot, Paltera, or Mananód refers to a traditional birth attendant who does not have
proper training or formal education in delivering babies.
i. Home Delivery is birth that takes place in a residence rather than a health facility.
j. Rural Health Center and Birthing Facility (RHC&BF) is the health facility of the LGU
where pregnant mothers deliver their babies, and where deliveries of babies are
being safely practiced.
k. Infant is the baby upon birth (when referred to in this program)

l. Maternal Care Package (MCP) refers to services covered by PhilHealth up to the

fourth normal delivery which includes prenatal, delivery and postpartum.
m. Midwife is a licensed health worker specialized in midwifery.

n. Professional Health Workers refers to doctors, nurses, midwives, dentist, etc.

o. Qualified Practitioner refers to competent, trained and licensed doctor, nurse, or

midwife to handle deliveries including prenatal and postnatal care.
 Ord. No. 225, s. 2018
Page 3

p. Referral System is a means to facilitate the flow of patient referrals among health
care providers. It is a process in which a health worker at a one level of the health
system, having insufficient resources (drugs, equipment, skills) to manage a
clinical condition, seeks the assistance of a better or differently resourced facility
at the same or higher level to assist in, or take over the management of, the
client’s case. Key reasons for deciding to refer either an emergency or routine
case include:
1) to seek expert opinion regarding the client
2) to seek additional or different services for the client
3) to seek admission and management of the client
4) to seek use of diagnostic and therapeutic tools
Referral does not mean transferring responsibility; but, sharing responsibility in
patient care.
q. Skilled Birth Attendants (SBAs) are people with midwifery skills (e.g. midwives,
nurse and doctor) who have trained to proficiency in the skill necessary to manage
normal deliveries and diagnose obstetric complications.
r. Traditional Birth Attendants (TBAs) are independent, non-formal trained and
community based providers of care during pregnancy, childbirth and postnatal
period.

“SECTION 6. Mandatory Provisions.

a. All pregnant women in Ibajay, Aklan shall deliver in the birthing facilities;
provided however, that these birthing facilities are attended by qualified
practitioners. Hence, it shall be unlawful for any pregnant women to deliver in
their respective homes or any places other than in the birthing facilities.
b. All pregnant women must receive at least four (4) antennal care/prenatal
check-ups during her pregnancy.
c. All deliveries/childbirth must be attended by a skilled birth attendant: a
doctor, nurse or midwife.
d. Home deliveries by traditional birth attendants or hilot/mananód and BHWs
are prohibited.
e. All post-partum mothers must have two (2) follow-up check-ups after their
delivery/childbirth.

“SECTION 7. It is unlawful for the hilot/paltera/mananód or BHW to directly

attend to the delivery, except:
a. During emergency cases when the mother is about to deliver a baby; Provided
that after the normal delivery, the mother and the child shall be brought
immediately to the nearest birthing facility for postpartum care.
b. When the hilot/paltera or mananód or BHW is just assisting a qualified
practitioner during delivery in a birthing facility.

“SECTION 8. Birthing Clinic Hours. All birthing clinics in Ibajay shall be open for
twenty-four hours seven days a week (24/7) to render health services to pregnant
women. In case the health personnel attending delivery in the concerned barangay is
absent, and the absence is justifiable, the pregnant women shall proceed to the nearest
birthing facility. When the pregnant woman delivers a baby while on the way to birthing
home, she shall be given assistance by the individual or health personnel available in the
nearest vicinity. Thereafter, she shall be brought to the nearest birthing facility for proper
postpartum care.

“SECTION 9. Fees and Charges. In order to sustain the operation and

maintenance of the birthing facility, the following fees and charges shall be imposed:
a. Non-PhilHealth members shall be charged of a User’s Fee in the amount of
P2,500.00 only. The said amount shall cover the medicines and other supplies
used, and BEmONC and EINC services rendered to the patient and the baby,
respectively. It shall also include the newborn screening test of the baby. The
User’s Fee shall be paid at Municipal Treasurer’s Office after delivery/childbirth
which shall accrue to the trust fund/special fund for maternal health program.
b. PhilHealth members shall be free of charge/fees (no balance billing).
c. Qualified Professionals in the government birthing facilities who render services
during holidays and rest days shall be entitled for overtime pay from LGU.
 Ord. No. 225, s. 2018
Page 4

“SECTION 10. Recruitment of hilots/traditional birth attendants. Hilots/mananóds

or traditional birth attendants, whether trained or untrained, who are willing, able and
committed to serve as health volunteers in the community shall be included in the health
care system. Hilots/mananóds or TBAs shall be recruited to become barangay health
workers (BHW) and shall undergo the process of registration and accreditation for BHWs
under the barangay health worker registration and accreditation committee (BHW RAC).
Once a hilot/mananód decides and commits to become a BHW, the said hilot/mananód or
TBA shall be addressed as “reformed mananód” and shall still be prohibited from
performing home deliveries. Reformed hilot/mananód shall not anymore function as
traditional birth attendant or hilot but instead he/she must perform the roles, duties and
responsibilities of a BHW and must possess the qualities of a good BHW enumerated in
the reference Manual for BHWs. Above all, the reformed hilot/mananód must undergo
the required Basic training Course for BHWs prior to registration.

“SECTION 11. Functions, Duties and Responsibilities of Reformed Hilots/TBAs. The

following shall be the functions, duties and responsibilities of Reformed Hilots/
Mananóds/TBAs in maternal healthcare service delivery in the barangay:
a. Identify, locate and enlist pregnant women in his/her assigned barangay
b. Guide and refer the pregnant woman to the RHU or hospital for prenatal check-up
c. Assist the pregnant woman in developing her birth plan and preparing the needed
pre-packed materials for delivery
d. Conduct household visit to remind pregnant woman of the schedule of her next
prenatal visit
e. Refer and accompany pregnant woman who is in labor during transport to the
health facility(RHU or hospital) for childbirth
f. May serve as companion of the pregnant woman during her labor, deliver and
recovery while at the birthing facility
g. Assist the RHU staff on-duty during labor watch of the pregnant woman.
h. Conduct pregnancy tracking of pregnant women who are approaching their
expected date of confinement (EDC)
i. Follow-up compliance to postpartum visit by the mother and render assistance to
the postpartum mother during breastfeeding
j. Report to the midwife or any health facility staff any untoward signs and
symptoms noted in a pregnant woman or postpartum mother

“SECTION 12. Role of Reluctant Hilots/Mananóds/Traditional Birth Attendants. Hilots

or traditional birth attendants, whether trained or untrained, who are willing to serve as
health volunteers and refuses recruitment to become BHW in the community shall still
be included as a support system only in the healthcare delivery. The role of such hilot/
mananód/TBA shall only be limited to giving supportive care to pregnant women and
postpartum mothers during prenatal, perinatal and post-natal period. Other maternal
healthcare services delivered by reluctant hilots/mananóds/TBAs beyond giving
supportive care, particularly their attendance at home delivery, shall be penalized
accordingly.

“SECTION 13. Referral Incentive. The LGU shall employ an incentive system for
referral of pregnant women made by reformed hilot/mananód/TBA. Reformed
hilots/mananóds/TBAs who refer, accompany and bring a pregnant woman who is in
labor to the RHU for childbirth/delivery shall receive an incentive from the LGU. The
referral incentive shall come from a trust fund/special fund for maternal health program.
An amount of Five Hundred Pesos (P500.00) per pregnant woman in labor brought to the
RHC&BF for delivery shall be given to the reformed hilot/mananód/TBA upon presentation
of supporting documents.
A logbook for referral made by reformed hilots shall be maintained at the Rural
Health Center and Birthing Facility (RHC&BF), and used to record the name, age and
address of pregnant woman in labor brought to the RHC&BF as well as the name and
address of the hilot/mananód/TBA who accompanied the patient. It shall also contain the
name, signature and designation of the healthcare provider/RHC&BF staff who received
the pregnant woman at the birthing facility and shall be countersigned by the MHO or
RHP or the OIC/representative whenever the MHO/RHP is on travel. It shall likewise bear
the date and time when the patient arrived at the RHC&BF.
 Ord. No. 225, s. 2018
Page 5

The logbook may adopt the following format:

Date Pregnant Woman Hilot/TBA Healthcare Provider MHO/
& Name Age Address Name Address Name Designation Signature RHP
Time

“SECTION 14. Ibajay Rural Health Center and Birthing Facility (RHC&BF): Management
and Staff. The management of Ibajay Rural Health Center and Birthing Facility (RHC&BF)
shall ensure the following: 1) validity of its License to Operate (LTO) as birthing facility;
2) Compliance to the PhilHealth accreditation for Maternal Care Package (MCP) along with
Newborn Care Package; and 3) the availability of BEmONC trained healthcare providers
as well as emergency transport vehicle for referral of emergency cases.
A team composed of BEmONC trained doctor, nurse and midwives MUST attend to
ALL deliveries at the birthing facility. In cases where there are risk factors identified and
danger sign detected on a pregnant woman, the RHC&BF management and staff has the
duty and responsibility to refer the patient to a higher healthcare facility/CEmOnc.

“SECTION 15. Implementation, Monitoring and Evaluation. A Bantay Nanay Task

Force shall be created to track all pregnant women and monitor the activities of BHWs,
and reformed hilots/TBAs in the Municipality of Ibajay, Aklan. It shall likewise ensure the
proper implementation of this ordinance and shall be composed of:
Chairman : Municipal Mayor
Vice Chairmen : Rural Health Physicians
BEmONC Team : RHPs, RHNs, RHMs
Coordinators : DOH deployed personnel (NDPs, RHMPPs, UHCI, FHA, PHA)
Implementers : LCE, SB on Health, MTO, Barangay Captains, Kagawads
Advocates : SK/Kagawad on Health, Barangay Captains, All health
workers, BHWs, Reformed hilots/TBAs
Evaluator : DMO, MHO, PHN, RHM
Trackers : RHMs, RHMPPs, BHWs, Reformed hilots
Care Givers : BHW, Reformed hilots, Folks of expectant mothers

The Bantay Nanay Task Force shall perform the following functions, roles and
responsibilities:
Chairman Over all in-charge for the full implementation of the ordinance
Vice Chairman Administer/manage the operation of the RHC&BF based on its
protocol and procedures
BEmONC Team Attend to all pregnant mothers expected to deliver in a health
facility and abide by the protocol and procedure that will ensure
the safe delivery of the mother
Coordinators Augment and help the BEmONC team for all expected mothers
to deliver in a health facility following the protocol and
procedure of the health facility
Implementers Inform all barangays about the existing ordinance
Advocates Notify all people in the community regarding the ordinance and
promote facility-based delivery handled by skilled birth
attendant
Evaluator Monitor and evaluate the RHC&BF’s performance and help
improve and create strategies that will increase facility-based
delivery handled by skilled birth attendants
Trackers Track all pregnant mothers and refer to health facility for quality
prenatal check up and to deliver in a health facility handled by
skilled birth attendant
Care Givers Act as surrogate mothers and/or provide support care services

“SECTION 16. Information and Education Campaign (IEC).

a. The Municipal Health Office, through the Rural Health Physician shall
coordinate with the Liga ng mga Barangay regarding the dissemination and
implementation.
 Ord. No. 225, s. 2018
Page 6

b. The Barangay Health Workers and the Chairmen of the Committee on Health
of the Sangguniang Barangays shall assist in the information campaign and
monitoring work.

“SECTION 17. Funding. The Local Government Unit of Ibajay shall allocate funds
for the maternal and neonatal healthcare program in the amount of at least One Hundred
Thousand Pesos (P100,000.00) per annum. A trust fund/ special fund shall be created
for the purpose. Furthermore, it shall also finance health activities related to the
implementation of this Ordinance which includes, but not limited to, the following:
a. enrollment of non-member pregnant women with the PhilHealth (30%)
b. referral incentive (40%)
c. conduct of annual Buntis Congress (10%),
d. financial assistance for compliance of diagnostic and laboratory test (20%)

“SECTION 18. Implementing Rules and Regulations. The Local Health Board, in
consultation with the Municipal Health Office and Sangguniang Bayan, shall formulate the
implementing rules and regulations relative to this Ordinance.

“SECTION 19. Penalty Clause. Any person (pregnant woman, qualified

practitioner, hilot/mananód) found to have violated any provision of this Ordinance shall
be penalized as follows:
First Offense : Fine of One Thousand Pesos (₱1,000.00) or one month
imprisonment or both upon the discretion of the court.
Succeeding Offense : Fine of Two Thousand Five Hundred Pesos (₱2,500.00)
or two months imprisonment or both upon the
discretion of the court.
Violators shall pay the fines at the Municipal Treasurer’s Office, which amount
collected shall accrue to the special/trust fund prescribed in Section 17 hereof.

“SECTION 20. Supplementary Clause. On matters not provided in this Ordinance,

any existing applicable laws and their corresponding implementing rules and regulations,
executive orders and relevant issuances thereof shall be applied in a supplemental
manner.

“SECTION 21. Separability Clause. If for any reasons any part or provisions of this
ordinance shall be held unconstitutional or invalid, other parts or provisions thereof which
are not affected thereby shall continue to be in full force and effect.

“SECTION 22. Repealing Clause. All previous ordinances, rules and regulations or
parts thereof inconsistent with this ordinance are hereby repealed or modified
accordingly.

“SECTION 23. Effectivity Clause. This Ordinance shall take effect upon its
approval and publication in a newspaper of local circulation or posting in three
conspicuous places in the Municipality of Ibajay, Aklan.

“APPROVED & ENACTED. - - - - November 7, 2018.”

x x x
CERTIFIED CORRECT:

MUJANE BEGONIA C. MIROY

Secretary to the Sanggunian
ATTESTED:

PLARIDEL M. SOLIDUM
Vice Mayor, Presiding Officer
APPROVED:

JOSE ENRIQUE M. MIRAFLORES

Municipal Mayor
 Republic of the Philippines
Province of Aklan
Municipality of Ibajay
Office of the Sangguniang Bayan
MINUTES OF THE 42nd REGULAR SESSION FOR CY 2018 OF THE SANGGUNIANG BAYAN
(2016–2019) OF IBAJAY, AKLAN HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON
NOVEMBER 14, 2018.
PRESENT:
Hon. Plaridel M. Solidum Vice Mayor, Presiding Officer
Hon. Cyril M. Alag Sangguniang Bayan Member
Hon. Diva S. Agustin “
Hon. Emilio S. Ilinon “
Hon. Mabini M. Ascaño “
Hon. Elmer F. Colangoy “
Hon. Rita S. Magbiray “
Hon. Remar S. Bautista Liga Pres., SB Member (Ex-Officio)
TARDY:
Hon. Rano B. Hontiveros Sangguniang Bayan Member
ABSENT:
Hon. Julio M. Estolloso (On Official Business) Sangguniang Bayan Member
Hon. Joy Clarisse R. Briones Mun. SK Fed. Pres., SB Member (Ex-Officio)
x x x
“ORDINANCE NO. 226
Series of 2018

“AN ORDINANCE PRESCRIBING THE RULES AND REGULATIONS IN THE OPERATION OF

VIDEOKE/KARAOKE SYSTEMS OR OTHER AMPLIFIED AUDIO DEVICES IN THE
MUNICIPALITY OF IBAJAY, AKLAN AND PROVIDING PENALTIES FOR VIOLATION
THEREOF.
Sponsored by Hon. Emilio S. Ilinon
“WHEREAS, Section 16 of the Local Government Code of 1991, partly states that: “Every Local
government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well
as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which
are essential to the promotion of the general welfare”;

“WHEREAS, some local residents or groups are accustomed in making use of videoke/karaoke
systems, amplified audio devices as form of amusement, recreation or for private audience;
“WHEREAS, the making and creation of excessive, unnecessary or unusually loud sounds from
videoke/karaoke systems, amplified audio devices beyond limits and at unacceptable levels during
unholy hours cause serious discomfort and have generated numerous complaints and public censure;
“WHEREAS, the making, creation or maintenance of such unnecessary, unnatural or unusually
loud sounds which are prolonged, unusual and unnatural in their time, place and use effect are
detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents;
“WHEREAS, it is the policy of the Municipal Government of Ibajay to protect the welfare of its
citizens from the excessive sound and vibration and inadequately controlled noised which are serious
hazards to public health and safety and is a source of annoyance to the local populace;

“WHEREFORE, BE IT HEREBY ORDAINED by the Sangguniang Bayan of Ibajay, Aklan, in

session duly assembled that:
“SECTION 1. Title. This ordinance shall be known as the “Videoke and Karaoke Operation
Regulating Ordinance of Ibajay, Aklan”.

“SECTION 2. Definition of Terms. As used in this Ordinance, these terms shall be construed
to mean as follows:
Videoke/Karaoke System is any audio-video equipment operated and built to produce images
and/or lyrics of a song on a television screen to afford a person to sing along using any
electronic device. Such operation may be free or for a fee or thru operation by dropping
tokens/coins on the machine.
Person(s) includes any being, natural or juridical, with susceptible rights and obligations or being
the subject of legal action.
 Ord. No. 226, s. 2018
Page 2

Public Right of Way means any street, avenue, alley, sidewalk or public space which has been
dedicated for use the general public and the dedication of which has been accepted by
governmental entity.
Noise means any sound which annoys or disturbs humans or which causes or tend to cause
an adverse psychological effect on humans.
Disturbance means any sound which (a) endangers or injures the safety or health of humans
or (b) annoys or disturbs.
Sound Amplifying Equipment means any machine or device for the amplification of the human
voice, music or any other sound.
Unreasonably Loud is any noise which is substantially incompatible with the time and location
where created to the extent that it creates an actual or imminent interference with peace
and good order.
Disturbing is any noise which is perceived by a person or ordinary sensibilities as interrupting
the normal peace and calm of the area.
Reasonable person is an objective standard against which any individual’s conduct can be
measured. It is used to determine if a breach of the standard of care has occurred,
provided a duty of care be proven. The reasonable person holds: each person owes a
duty to behave as a reasonable person would under the same or similar circumstances.
Renter or Rentee is one who rents property from another and pays for the use of said
property, in this case, a videoke/karaoke system and/or other amplified audio devices.

“SECTION 3. Prohibitions, Rules and Regulations. Operation and use of videoke/karaoke

system and other amplified audio devices for any event or activity shall be allowed only upon securing
of a permit from the Barangay who has jurisdiction over the area and under the condition to wit:
a. No operator or owner of videoke/karaoke shall be allowed to operate in roadsides, open
bus terminals, repair or vulcanizing shops or in any open spaces that would disrupt
vehicular and pedestrian traffic or cause inconvenience or nuisance to the public.
b. The commercial operation of a videoke/karaoke operating in a non-enclosed or enclosed
but of light materials, room or business/commercial space, shall be allowed to operate only
in the following hours, to wit:
1) In Residential Zone or Institutional Zones – from 3:00 o’clock in the afternoon to 10:00
o’clock in the evening.
2) In Non-Residential Zone or Commercial or Industrial Zones – from 9:00 o’clock in the
morning to 10:00 o’clock in the evening except on Fridays and Saturday nights, wherein
the operations may be allowed until 12:00 o’clock midnight, provided that the volume is
decreased to one-third (1/3) of the standard maximum volume allowed, but in no case
shall the videoke/karaoke or other amplified audio devices be allowed to operate
beyond 12:00 o’clock midnight.
c. Videoke/karaoke operating or other amplified audio devices in an enclosed room or
business/commercial space, shall be allowed to operate from 9:00 o’clock in the morning
and beyond 10:00 o’clock in the evening, provided, that after 10:00 o’clock in the evening,
the volume of the videoke/karaoke machine shall decreased to one-half (½) of the
standard volume allowed, unless the proprietor can show that his rooms are soundproof.
d. Private birthday celebration, fiesta, or Christmas or other celebrations made in a private
house, for non-profit purposes, using videoke/karaoke machine or other amplified audio
devices shall be allowed beyond 10:00 o’clock in the evening, provided that the volume of
said machine shall be decreased to one-third (1/3) of the standard maximum volume.
e. No operator or owner of videoke/karaoke shall be allowed to operate in any location within
100 meters of a public office, school or place of worship during the hours of school or
worship respectively, or within 100 meters of any hospital or other institution caring for the
sick or infirmed.
f. All pictures or video shown therein shall not be indecent/immoral/obscene, or seditious or
contrary to public morals.

“SECTION 4. The following acts shall be declared to be unreasonably loud, disturbing and
unnecessary noise in violation of this Ordinance:
 Ord. No. 226, s. 2018
Page 3

a. The operating, playing or permitting the operation or playing of any radio, cd player,
television set, amplified musical instrument, drums, loudspeaker, videoke or karaoke
system, or other sound producing device in such manner or with such volume so as to
annoy the quiet, comport or a reasonable person or normal sensitivities in any dwelling or
residence; or with louder volume than is necessary for convenient hearing for the persons
who are in the place in which such device is operated.
b. The operation of such set, machine or device in such manner as to be plainly audible at a
distance of 50 feet from the place in which it is located shall be prima facie evidence of a
violation of this ordinance.

“SECTION 5. In determining whether a sound is unreasonably loud and disturbing, the

following factors incident to such noise are to be considered:
a. Time of the day, proximity to residential structures;
b. Whether the noise is recurrent, intermittent, or constant;
c. The volume and intensity;
d. Whether the noise has been enhanced in volume of range by any types of electronic or
mechanical means;
e. The character and zoning area;
f. Whether the noise is subject to being controlled without unreasonable effort to expense
to the creator thereof.

“SECTION 6. Licenses and Permits.

a. Owners and operators of videoke/karaoke machines must separately and individually
apply for a permit to either lease out or operate such machines with the Business Permit
and Licensing Office of Ibajay, subject to existing rules and regulations pertaining to
licensing of movable equipment. Fees and other taxes due and emanating from these are
to be imposed and collected based on existing regulatory fees and Municipal Revenue
Code of Ibajay, Aklan.
b. All owners or lessors or franchisees of videoke/karaoke machines shall register and allow
their machines to be inspected to assure compliance of Paragraphs e and g of Section 3,
and must show that their machine cannot increase its volume beyond the maximum
allowable standard volume; and all machines passing such requirement shall bear a
sticker from the Ibajay government, which states the fact that said machine was
inspected, its volume is regulated and contains no indecent scenes, and that the same is
valid only for one (1) year after date of inspection.
c. An Inspection fee of P150.00/unit shall be collected from all applicants and operators.
d. All owners or operators or lessors or franchisees of videoke/karaoke machines or any
sound amplifying systems shall require the renter to present a Barangay Permit for the
activity prior to releasing the rented unit/system to the aforesaid rentee.

“SECTION 7. Application for Permit.

a. Pursuant to Section 3 of this Ordinance, the operation or use of videoke/karaoke system
and other amplified audio devices for any event or activity shall be allowed only upon
securing of a permit from the Barangay who has jurisdiction over the area.
b. Applicant for a permit to operate or use videoke/karaoke system and other amplified
audio devices for any event or activity shall complete and fill an application form and file
the same with the Barangay within five (5) working days prior to the date of the intended
activity.
c. The application shall describe the nature of the intended activity, the type of audio device,
the specific location at which such audio device is to be used or operated and, such other
pertinent information as is necessary for the Barangay to carry out its duties under this
section.

“SECTION 8. Issuance of Permit.

a. The Barangay or its duly authorized representative shall issue a permit for the operation
or use of videoke/karaoke system and other amplified audio devices only upon compliance
with the provisions of the preceding Section.
b. The issuance of permit signed by the Punong Barangay shall describe the nature of the
intended activity, specific location and type of audio device to be used or operated
thereunder, and the period of time for which such device may be operated. It shall
specify such other terms and conditions as are essential to secure and protect the public
safety.
 Ord. No. 226, s. 2018
Page 4

“SECTION 9. Enforcement and Abatement, Monitoring and Supervision.

a. It is the duty of the Barangay and the Ibajay Police, along with other law enforcement
agencies/entities, to enforce the provisions of this Ordinance.
b. Any person or person(s) who violates the provisions of this Ordinance shall receive a
verbal order to cease or abate the loud sounds generated from videoke/karaoke system
or other amplified audio device immediately or within a reasonable time period, provided
however, that if the violation is deemed to be excessive, the Barangay authorities need
not issue a verbal reprimand to cease or abate the loud sound, but may in lieu thereof
charge the offending person or person(s) with violation of this ordinance.
c. Aside from the personnel of Municipal Treasurer, the Municipal Health Office, Business
Permit and Licensing Office, and officials of the barangays shall also be tasked to monitor
the compliance of the provisions of this Ordinance in their respective communities.
d. The Municipal Treasurer shall be responsible in inspecting the videoke/karaoke machines,
to make sure that Paragraphs e and g of Section 3 are complied.

“SECTION 10. Penal Provision. Any person(s) who violates the provision of this Ordinance
shall be penalized as follows:
First Offense : Fine of One Thousand Pesos (₱1,000.00), or one month
imprisonment or both upon the discretion of the court.
Succeeding Offense : Fine of Two Thousand Five Hundred Pesos (₱2,500.00), or two
months imprisonment or both upon the discretion of the court.
In the case of businesses:
First Offense : Fine of One Thousand Pesos (P1,000.00)
Second Offense : Fine of One Thousand Five Hundred Pesos (P1,500.00) and
suspension of business operation for 30 days
Third Offense : Fine of Two Thousand Five Hundred Pesos (P2,500.00), revocation
or cancellation of permit, and confiscation of unit(s).
Violators shall pay the fines at the Municipal Treasurer’s Office, which amount collected shall
accrue to the General Fund of the Municipality.
Should the apprehension occur in and/or is undertaken by a Barangay, aforesaid Barangay
shall be entitled to a fifty-percent (50%) share in the corresponding penalty paid by the violator to the
Municipal Treasurer, which may be apportioned, to wit:
a. The equivalent of twenty percent (20%) of the total amount of penalty shall accrue to the
apprehending officer as incentive, subject to the usual accounting and auditing rules; and
b. The remaining thirty percent (30%) of the proceeds from penalties collected as payment
by violators shall accrue into the General Fund of the Barangay concerned.

“SECTION 11. Separability Clause. If for any reason or reasons, any part or provision of
this Ordinance is declared invalid, null and void, the other parts or provisions hereof which are not
affected thereby and shall continue to be in full force and effect.

“SECTION 12. Repealing Clause. All existing ordinance, rules and regulations or parts
thereof in conflict with or inconsistent with any provisions of this Ordinance are hereby repealed,
amended or modified accordingly.

“SECTION 13. Effectivity. This Ordinance shall take effect upon its approval and after due
posting and publication as provided in the Local Government Code of 1991.

“APPROVED & ENACTED. - - - - November 14, 2018.”

x x x
CERTIFIED CORRECT:

MUJANE BEGONIA C. MIROY

ATTESTED: Secretary to the Sanggunian

PLARIDEL M. SOLIDUM
Vice Mayor, Presiding Officer APPROVED:

JOSE ENRIQUE M. MIRAFLORES

Municipal Mayor