---

PRINCIPAL AUTHORS: HON. IRMA C. ALFONSO-JUSON, HON. ARLENE L. CHUA, HON. MARLON M. LACSON, Majority Floor Leader, HON. MA. ASUNCION G. FUGOSO, HON. CRISTINA A. ISIP, HON. ELIZABETH Z. RIVERA, HON. RUBEN F. BUENAVENTURA, Hon. Priscilla Marie T. Abante, Hon. Dennis B. Alcoreza, Hon. Bernardito C. Ang, Hon. Roberto D. Asilo, Hon. Arnold I. Atienza, Hon. Anotonio G. Capistrano, Hon. Joel R. Chua, Hon. Joey S. Hizon III, Hon. Leilani Marie H. Lacuna, Hon. Numero G. Lim, Hon. John Marvin C. Nieto, Hon. Erick Ian O. Nieva, Hon. Roberto R. Ortega Jr., Hon. Joel M. Par, Hon Jocelyn J. Quintos, Hon. Science A. Reyes, Hon. Ramon M. Robles, Hon. Josefina M. Siscar, Hon. Casimiro C. Sison, Hon. Christian Paul L. Uy, Hon. Raymundo H. Yupangco, Hon. Manuel M. Zarcal, Hon. Salvador H. Lacuna, HON. ERNESTO M. DSONISIO, JR., Acting Majority Floor Leader, HON. EDWARD V.P. MACEDA, President Pro-Tempore and Acting Presiding Officer and HON. FRANCISCO "Isko Moreno" DOMAGOSO, Vice-Mayor and Presiding Officer

---

EXPLANATORY NOTE
WHEREAS, Article II, Section 15 of the 1987 Constitution provides that "The State shall promote the right to health of the people and instill health consciousness among them";

WHEREAS, Republic Act 8504 also known as "The Philippine AIDS Prevention and Control Act of 1998" has declared as one of its policies that the State shall promote public awareness about the causes, modes of transmission, consequences and means of prevention and control of HIV and AIDS through comprehensive nationwide educational and information campaign organized and conducted by the State. It further declares that the State shall extend to every person suspected or known to be infected with HIV and AIDS full protection of his/ her human rights and civil liberties, including among others, the right against compulsory HIV testing, right to privacy, right against discrimination and provisions of basic health and social services for individuals with HIV.

WHEREAS, the same law, under Article IV, Section 23 mandates local government units, in coordination and in cooperation with concerned government agencies, non-governmental organizations, persons with HIV and AIDS and group most at risk of HIV Infection, to provide community based HIV prevention and care services;

WHEREAS, the Philippines has committed to address HIV and AIDS in the setting of Millennium Development Goals (MDG) in 2000 and consequently in the UN Political Declaration of HIV and AIDS in 2011. However in 2012, the Philippines has been identified by UNAIDS to be 1 in 9 countries to have increased HIV incidence by 25% since 2000;

WHEREAS, as of July 2013, The National Epidemiology Center of the Department of Health (DOH) has recorded a total number of 14,856 HIV cases since 1984, and 10% of which come from the City of Manila and most (91.44%) are male;

WHEREAS, trends and estimates from the DOH show that as of July 2013, thirteen (13) new people get infected by HIV every day, most of them in the reproductive age group (15-34 years old), in the City of Manila, 1 out of 4 reported cases is a young person aged 24 years old and below, the youngest being 9 years of age;

WHEREAS, addressing the prevention and control of HIV is among the priorities of the City of Manila and is part of its 10-point agenda;

WHEREAS, while there is an existing AIDS Ordinance (Ordinance No. 8179) that has created the City of Manila Council (CMAC) on HIV and AIDS, there is an urgent need to strengthen the city's STI, HIV and AIDS prevention and control mechanisms to address the alarming increase of HIV cases and approximately address the current incidence and trends that data are showing for the City of Manila: NOW, THEREFORE,

Be it ordained by the City Council of Manila, in session, assembled, THAT:

CHAPTER 1
TITLE. SCOPE AND APPLICATION

SECTION 1. TITLE. - This Ordinance shall be known as the 'City of Manila's STI, HIV and AIDS prevention and Control Ordinance of 2013".

SEC 2. PURPOSE. - Pursuant to the City of Manila's mandate to promote the health and safety of all persons within its territorial jurisdiction and recognizing the city's vital role in implementing the provisions of Republic Act 8504. otherwise known as the Philippine AIDS Prevention and Control Act, it hereby enacts this Ordinance to amend its existing Ordinance No. 8179 in order to strengthen its STI, HIV and AIDS prevention and control mechanisms towards ensuring the general welfare of its people.

SEC 3. SCOPE AND APPLICATION. - This Ordinance shall apply to all natural and juridical persons within the jurisdiction of the City of Manila with respect to the prevention and control of STI, HIV and AIDS; PROVIDED, HOWEVER, That, certain provisions herein shall specifically apply to business establishments that provide entertainment to its customer which include but not limited to bars, nightclub, disco house, cocktails, lounges, massage clinic, spa clinics and wellness centers, videoke bars, sing-along pub house, and other similar establishments that are required to secure a permit to operate within the City of Manila, PROVIDED, FURTHER, that, with regard to individuals and entertainment establishments, this Ordinance shall cover employees and trainees of the aforesaid of business establishments whose nature of work involve direct and/or bodily interaction with their customers, unless otherwise provided in this Ordinance: PROVIDED, FINALLY, That, this Ordinance shall also apply to freelance workers who may not be formally employed by these entertainment establishments but are engaged in similar nature of work.

SEC 4. DEFINTION OF TERMS. - As used in this Ordinance, following terms are defined as follows;

1. Acquired Immune Deficiency Syndrome (AIDS) - a condition characterized a combination of signs and symptoms, caused by HIV contracted from persons, which attack and weaken the body's immune system, making the affected individuals susceptible to other life-threatening infections
   
   
2. Cruising Sites - are locations,  places, and establishments where high risk behavior of contracting STI, HIV and AIDS is prevalent.
   
   
3. Entertainment establishments - are business establishments that include but not limited to bars, night club, disco houses, cocktail lounges, massages clinics, spa clinics and wellness centers, videoke bars, sing-along pub houses and other similar establishments that are required to secure a permit to operate within the City of Manila.
   
   
4. Free Lance Sex Worker - any person who offers sex in exchange for money or materials in any form and who is not directly or indirectly employed by an entertainment establishments.
   
   
5. Human Immunodeficiency Virus (HIV) - refers to the virus which causes aids.
   
   
6. Minor/Child - refers to a person below 18 years of age, or those over but are unable to fully protect and take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition.
   
   
7. Peer Educator - a person belonging to the same group or same social network to the target population, who is trained to conduct STI, HIV and AIDS health education activities.
   
   
8. Prevention of Mother to Child Transmission - set of interventions with an aim of preventing the spread of HIV among infants and children.
   
   
9. Prophylactic - refers to any agent or device used to prevent the transmission of the disease, i.e. condom.
   
   
10. Reproductive Health - a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity in all matters relating to the reproductive health system and its function.
    
    
11. Serological Surveillance - a systematic and regular collection of blood samples to identify the distribution and trends of HIV infections among selective groups.
    
    
12. Sexually Transmitted Infection (STI) - an infection that is acquired or transmitted through sexual contact.
    
    
13. Social Worker - refers to a licensed social worker who focuses on the activity of helping individuals, group or community, to enhance or restore their capacity for social functioning.
    
    
14. STI, HIV and AIDS Education - the provision of information on the causes, prevention and consequences of STI, HIV and AIDS and activities designed to assist individuals to develop the confidence and skills needed to avoid HIV transmission and to develop a positive attitude towards people living with STI, HIV and AIDS.
    
    
15. STI, HIV and AIDS Prevention and Control - the programs, strategies and measure aimed at protecting non-infected persons from contracting STI, HIV and AIDS and minimizing the impact of the condition on people living with STI, HIV and AIDS.

CHAPTER 2
CITY OF MANILA AIDS COUNCIL

SEC. 5. STRENGHTENING OF THE CITY OF MANILA MULTI-SECTORAL STI, HIV, AND AIDS COUNCIL. - The City of Manila's Multi-Sectoral STI, HIV and AIDS Council is hereby strengthened for the prevention and control of STI, HIV and AIDS in the City of Manila. It shall be known as the CMAC, and shall be hereinafter also referred to as Council for brevity. The CMAC shall be the central advisory, planning and policy making body on the prevention and control of STI, HIV and AIDS in the City of Manila.

SEC. 6. COMPOSITION. - The CMAC shall composed of the following:

	Chairman	-	City Mayor
	Co-Chairman	-	City Health Officer
	Members	-	Chairman of the Committee on Health, City Council
		-	Manila Department of Social Welfare Officer
		-	City Director, DILG
		-	City Budget Officer
		-	Director Head. City Planning and Development Office
		-	Director Manila Barangay Bureau
		-	School Division Superintendent, Department of Education
		-	District Director, Manila Police Office
		-	License Officer, Bureau of Permits
		-	Director, Youth Development and Welfare Bureau
		-	City Director Department of Tourism
		-	City Public Employment Service Office
		-	Five (5) representatives from government accredited NGO's
		-	actively involved in programs, activities, and advocacies with STI, HIV and AIDS prevention, treatment care and support.

A permanent alternate shall be designated by each member of the CMAC, who, in case of their absence, will represent them during meetings or activities of the Council.

The CMAC, may constitute such Committees as it may deem necessary to pursue the purpose of this Ordinance and for effective and efficient performance of its powers and functions as mandated herein.

SEC. 7. TERM OF OFFICE - REPRESENTATIVE FROM NON- GOVERNMENT ORGANIZATION (NGO's) TO THE COUNCIL. - The term of office of the representatives from the NGO's shall be co-terminus with the term of the appointing authority; PROVIDED, That the organizations which they represent must continue to exist and must maintain the purpose for which they were chosen.

SEC. 8. POWERS AND FUNCTIONS. - For the attainment of the purpose stated in Section 3, hereof, the CMAC shall be charged and vested with the following powers and functions.

	a)	Formulate policies and strategies for the prevention and control of STI, HIV and AIDS within the City of Manila;
	b)	Prepare short, medium and long term plans for the prevention and control of STI, HIV and AIDS;
	c)	Monitor and evaluate the implementation of its program and plans, campaigns and strategies;
	d)	Mandate-owners/operators/managers of registered entertainment establishment, sauna and massage parlors to actively participate in the prevention and control of STI, HIV and AIDS in the workplace and assists them in orderly organizing themselves;
	e)	Identify priorities and gaps in local STI, HIV and AIDS related cases and make the appropriate recommendations;
	f)	Ensure the conduct of periodic public information, education and communication activities in the promotion of reproductive health, prevention and control of STI, HIV and AIDS in different communities and barangays;
	g)	Ensure the conduct of regular seminars in all educational institutions from secondary to tertiary levels and non-education institutions and to distribute, disseminate, circulate, publish or broadcast modules, pamphlets, booklets, brochures or other forms of information be it written, verbal, audio or video;
	h)	Ensure the conduct of regular seminars/fora/dialogues in all government institutions and agencies and its subdivisions, whether national or local, including government owned or controlled corporations found within the territorial jurisdiction of the City of Manila, as well as private establishments and to contribute, disseminate, circulate, publish or broadcast modules, pamphlets, booklets, brochures or other form or information be it written, verbal, audio or video;
	i)	Ensure the conduct of capability training activities, which includes: skill trainings, advocacy programs and development strategies to benefit the people with high risk of contracting STI, HIV and AIDS;
	j)	Recommend to the City Council the enactment of ordinances and measures that shall complement and or strengthen the control, prevention and containment of STI, HIV and AIDS;
	k)	Recommend the closure or imposition of sanctions or penalties on any establishment found violating the prohibited acts as mentioned under this Ordinance;
	l)	Assist in the source/request for funding and initiate the allocation resources for STI, HIV and AIDS initiative's;
	m)	To act as the primary agency that shall represent the City of Manila in all conventions, conferences, fora or gatherings of other agencies, organizations, leagues, chambers or groupings whether national, local or international pertaining to the issue of STI, HIV and AIDS and the formulation of policies on the same:
	n)	To monitor, in coordination with the City Health Office, and other related government and private institutions or offices for STI, HIV and AIDS cases and other HIV related activities;
	o)	To assist in identifying STI, HIV and AIDS cases and ensure the appropriate handling of the same;
	p)	To formulate an accreditation process, nomination and selection of representatives pertaining to the NGO members referred to in Section 6. hereof: and
	q)	To perform all other tasks and functions related to thi overall objective in the prevention and control of STI, HIV and AIDS in the City of Manila.

SEC. 9. MEETING. - The CMAC shall meet at least quarterly or as often as may be necessary. Notice of required meeting shall be served to all members at least a week before the meeting.

SEC. 10. QUORUM. - The presence of a majority of all members of the Council shall constitute a quorum for purposes of doing business.

SEC. 11. THE SECRETARIAT. - The Council shall have a Secretariat at the Manila Health Department.

SEC. 12. FUNCTIONS OF THE SECRETARIAT. - The Secretariat shall have the following functions:

	a)	Prepare the agenda of the meeting of the CMAC and record the minutes of the same;
	b)	Keep all the records, minutes of the meetings, resolutions, and other pertinent documents of Council:
	c)	Submit an annual report to the Council within two month after the close of each calendar year;
	d)	Assist in the implementation of the policies, programs and activities of the Council; and
	e)	Perform such other functions as may be required by the Council.

SEC. 13. HONORARIUM. - Subject to limitations fixed by existing law, the Chairman, Co-Chairman and members of the CMAC shall be entitled to an honorarium of One Thousand Pesos (PhP. 1,000.00) for every meeting actually attended to, but in no case shall it exceed Four Thousand Pesos (PhP. 4,000.00) per month. The Secretary shall likewise be entitled to an honorarium of Five Hundred Pesos (PhP. 500.00) for every meeting actually attended to, but in no case shall it exceed Two Thousand Pesos (PhP. 2,000.00) per month.

CHAPTER 3
GENERAL MANDATES ON STI, HIV AND AIDS
EDUCATION PREVENTION AND CONTROL

SEC. 14. REGULAR STI, HIV AND AIDS EDUCATION. - Timely, accurate, adequate and relevant STI, HIV and AIDS education shall be provided regularly to all population groups, especially to groups with higher risk of acquiring or transmitting the same, in order to empower persons and communities to think and act in ways that protect themselves from HIV infection, minimize the risk of HIV transmission and decrease the socio-economic impact of STI, HIV and AIDS.

Special emphasis on the following shall be provided during the interaction:

	a)	Key human rights principle;
	b)	Transmission of STI, HIV and AIDS;
	c)	Prevention of the spread of STI, HIV and AIDS: and
	d)	Treatment and support measures that may be given to person living with STI, HIV and AIDS.

SEC. 15. AGENCIES TASKED TO CONDUCT SEMINARS. -The Division of Sanitation and Social Hygiene Clinic of the City Health Office, City of Manila, STI, HIV and AIDS Council, and the NGO's accredited by the City Government of Manila are hereby tasked to conduct seminars on STI, HIV and AIDS periodically and to make themselves accessible and available for seminars purposes to the abovementioned individuals and to other persons who may need such services.

SEC.16. PEER EDUCATOR. The city shall likewise ensure the presence of sufficient number of peer educators to conduct, STI, HIV, and AIDS health education activities.  The city shall designate at least ten (10) peer educators in each of its legislative district.

SEC. 17. POLICY IN THE WORKPLACE. - All establishments within the City of Manila shall be required to create a policy in handling STI, HIV and AIDS related cases and concerns. Such policy should be in line with R.A. 8504. DOLE-OSCH guidelines, DOH prevention and treatment guidelines. CSC guidelines and this Ordinance. The said policy shall be submitted to the City Health Office, copy furnished to the License and Permits Office, within six (6) months after the approval of this Ordinance and shall be a pre-requisite in the approval and/or renewal of licenses/permits.

SEC. 18 PROHIBITION AGAINST COMPULSORY HIV TESTING. - Pursuant to Republic Act 8504, compulsory HIV shall be considered unlawful unless otherwise provided in law, PROVIDED, HOWEVER, That, voluntary HIV testing may be offered to any person who is willing and has expressly given consent to undergo the test.

SEC. 19. MONITORING PROGRAMS. - The Council shall establish a comprehensive STI, HIV and AIDS monitoring program to determine and monitor the magnitude and progression of STI, HIV and AIDS in the City of Manila, and for purposes of evaluating the adequacy and efficacy to the countermeasures being employed by the Council, City Health Office and NGOs.

SEC. 20. HEALTH SURVEILLANCE ACTIVITIES.- Health surveillance activities may be pursued by the CMAC in coordination with the City Health Office; PROVIDED, That, such shall not contravene to the general purpose of R.A. 8504, the Millennium Development Goals and DILG Memorandum 233-99.

SEC. 21. AVAILABILITY AND ACCESSIBILITY OF PROPHYLACTICS. -  All establishments covered under this Ordinance shall ensure that prophylactics are readily and easily accessible to their customers and employees.

SEC. 22. AVAILABILITY AND ACCESSIBILITY INFORMATION, EDUCATION AND COMMUNICATION MATERIALS. - All establishments shall provide information aids or materials, such as fliers, brochures, and leaflets on causes and effects of STI, HIV and AIDS.

SEC 23. PREVENTION OF MOTHER TO CHILD TRANSMISSION (PMTCT). - All women and their partners shall be given basic and essential information on STI, HIV and AIDS including PMTCT through their individual or group education.  They shall also be given information on the availability and accessibility of HIV counseling and testing services.

Antenatal care provides are expected to have trained healthcare workers/s that can provide basic HIV information to all pregnant women they encounter in their work.  Voluntary HIV testing shall be offered to all pregnant women: PROVIDED, HOWEVER, That, the healthcare worker must obtain the express consent of the pregnant women to undergo the HIV test. All women and partners who tested positive for HIV shall be referred to the nearest treatment hub in order to access proper treatment and care such as antiretroviral prophylaxis and treatment.

SEC. 24. BASIC HEALTHCARE AND SUPPORT SERVICES.- Basic healthcare and support services shall be made accessible to persons living with STI, HIV and AIDS.

CHAPTER 4
RIGHT TO PRIVACY AND CONFIDENTIALITY

SEC. 25. RIGHT TO PRIVACY. - In accordance to Republic Act 8504, the right to privacy of any person suspected assumed or is living with HIV and AIDS shall be guaranteed.

SEC. 26. CONFIDENTIALITY OF HIV STATUS AND RELATED CIRCUMSTANCES. - All HIV-related information should be kept confidential. All health professionals, medical instructors, workers, employers, hospitals, laboratories, recruitment agencies, insurance companies, data encoders and other custodians of any medical records, files, data or test results are directed to strictly observe confidentiality in the handling of all medical information and particularly the identity and status of persons with STI, HIV and AIDS. Any person who has acquired directly or indirectly any information with respect to the same shall refrain from making disclosures, unless otherwise permitted by law.

SEC. 27. EXCEPTIONS TO THE MANDATE OF CONFIDENTIALITY. - Medical confidentiality shall not be considered in the following:

	a)	When informing other health workers directly involved or about to be involved in the treatment or care of a person with STI, HIV and AIDS: PROVIDED, That such treatment or care carry the risk of HIV transmission; PROVIDED FURTHER, That such workers shall not be obliged to maintain the shared medical confidentiality;
	b)	When responding to a subpoena duces tecum and subpoena ad testificandum issued by the court with jurisdiction over legal proceedings were the main issue is the HIV status of an individual: PROVIDED, That, the confidential medical record shall be properly sealed by its lawful custodian after being double checked for accuracy by the head of the office or department, hand delivered, and personally opened by the judge; PROVIDED FURTHER, That, the judicial proceedings be held in executive sessions; and
	c)	In research, provided that ethical considerations are exercised to the fullest.

SEC. 28. RELEASE OF STI, HIV AND AIDS TEST RESULTS. -All results of STI, HIV and AIDS testing shall be confidential and shall be released only to the following persons:

	a)	The person who submitted himself/herself to such test;
	b)	Either parent of a minor child who has been tested;
	c)	A legal guardian in the case of insane persons or orphans;
	d)	A person authorized to receive such result in conjunction with the surveillance program of the City Health Office as provided in accordance with the provisions of Section 27, R.A. 8504; and
	e)	Ajustice of the Court of Appeals or the Supreme Court, as provided in accordance with the provisions of Section 16, R.A. 8504.

SEC. 29. REPORTING PROCEDURES. - All hospitals, clinics, laboratories, blood banks, and testing centers for STI, HIV and AIDS shall adopt measures in assuring the reporting and confidentiality of any medical record, personal data and file including all data which may be accessed from various data banks information systems to the City Health Office, furthermore, all hospitals, clinics, laboratories and testing centers for STI, HIV and AIDS are required to immediately report to the Manila Health Department any identified STI, HIV and AIDS cases.

SEC. 30. DISCLOSURE TO SEXUAL PARTNER. - Any person diagnosed positive for HIV is obliged to disclose his/ her HIV status and health condition to his/her spouse or sexual partner at the earliest opportune time.

CHAPTER 5
MANDATORY STL HIV AND AIDS EDUCATIONAL
AND WORK PRE-REQUISITES IN ENTERTAINMENT
ESTABLISHMENTS

SEC. 31. MANDATORY STI, HIV AND AIDS EDUCATION. - STI, HIV and AIDS Education shall be mandatory to all operators and/or managers, entertainers of entertainment establishments, masseuses or masseur of barber shops, massage, spa clinic and wellness centers to attend seminars on STI, HIV and AIDS prevention conducted by the City Health Office of the City of Manila. A certificate of attendance in the STI, HIV and AIDS seminars shall be issued with a reasonable fee.

SEC. 32. ROSTER OF ENTERTAINMENT ESTABLISHMENTS. - The CMAC shall maintain a roster of entertainment establishments covered under this Ordinance, monitor their compliance with the provisions of this Ordinance and make appropriate findings and recommendations thereon.

SEC. 33. REGULAR STI SCREENING FOR ENTERTAINERS AND OTHER SIMILAR OCCUPATIONS. All entertainers, masseurs and other persons who perform similar occupations shall undergo at least bi-annual STI screening to be conducted by the Social Hygiene Clinic of the Manila Health Department. A health card shall be issued indicating therein the establishment, occupation performed, the medical examination done, the name and signature of the attending and duly authorized physician at the Manila Health Department, City of Manila. A reasonable fee for the issuance of the health card and its succeeding medical examinations relative to Section 25, is hereby imposed.

CHAPTER 6
PROHIBITED ACTS AND PRACTICES

SEC. 34. DISCRIMINATION IN THE WORKPLACE. -  Discrimination in any form, from pre-employment to post-employment, including hiring, promotion or assignment, based on actual, perceived or suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.

SEC. 35. PROHIBITION AGAINST HIRING OF MINORS. -  Operators/managers of entertainment establishments shall in no case allow the employment of a person below eighteen (18) years of age.

SEC. 36. DISCRIMINATION IN SCHOOL. - No educational institution shall refuse admission or expel, discipline, segregate, deny participation, benefits or services to a student or perspective student on the basis of his/her actual perceived or suspected HIV status.

SEC. 37. RESTRICTION ON TRAVEL AND HABITATION. - The freedom of abode, lodging and travel of a person with HIV shall not be abridged. No person shall be quarantined, placed in isolation or refuse lawful entry into or deported from Philippine territory on account of his/her actual, perceived or suspected HIV status.

SEC. 38. VIOLATION OF RIGHT TO PRIVACY AND CONFIDENTIALITY. - No person shall be allowed to divulge any information with respect to any person's STI, HIV and AIDS related information, unless otherwise express written consent has been given by the direct person concerned or unless otherwise authorized under the law.

SEC. 39. NON-COMPLIANCE WITH THE MANDATORY EDUCAT  ION AND WORK PRE-REQUISITES.- No entertainment establishments that are covered in this Ordinance shall be allowed to operate without complying with the mandatory education and work pre-requisites provided herein, nor shall any person be issued with occupational/working permit without complying with the same.

CHAPTER 7
PENALTY PROVISION

SEC. 40. PENALTY CLAUSE. - Any person found guilty of violating any of the provisions of this Ordinance or any rules and regulations issued thereunto, shall be punished by the following penalties:

	a)	First Offense - a fine of-Three Thousand Pesos (PhP. 3,000.00) and/or imprisonment of four (4) months and/ or suspension or permit to operate for a period of four (4) months;
	b)	Second Offense - a fine of Four Thousand Pesos (PhP. 4,000.00) and/or imprisonment of six (6) months and/or suspension of permit to operate for a period of six (6) months; and
	c)	Third Offense - a fine of Five Thousand Pesos (PhP. 5,000.00) and/or imprisonment of one (1) year and/or permanent closure of the business establishment.

PROVIDED, FURTHER, That, non-compliance with the provisions of this Ordinance shall be a ground for the non-issuance, non-renewal, termination and/or revocation of their Business Permit and occupation/Working Permit.

PROVIDED, FURTHERMORE, That any aggrieved party whose rights may have been violated, may file such other appropriate civil and criminal charges, if warranted.

CHAPTER 8
FINAL PROVISIONS

SEC. 41. DECLARATION OF AIDS AWARENESS MONTH. - The month of may is hereby declared as AIDS Awareness Month to coincide with AIDS Candlelight Memorial in commemoration for persons who died by reasons of HIV-related conditions and for persons living with HIV and AIDS. Further, AIDS awareness shall culminate on December 1, which is internationally designated as the World AIDS day.

SEC. 42. APPROPRIATIONS. - The initial amount of Two Million Pesos (PhP. 2,000,000.00) or so much thereof, may be necessary, and every year thereafter be increased to additional ten percent (10%), shall hereby be appropriate in the City Treasury, to be made available for the operation of the CMAC and for the implementation of its policies and programs.

SEC. 43. FORMULATION OF IMPLEMENTING RULES AND REGULATIONS. - Within three (3) months after the approval of this Ordinance, the CMAC shall formulate and issue the appropriate rules and regulations necessary for the efficient and effective implementation of any of the provisions of this Ordinance.

SEC. 44. SEPARABILITY CLAUSE.- If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or innvalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 45. REPEALING CLAUSE. - All ordinances, resolutions, executive orders and administrative orders or parts thereof, which are inconsistent with any of the provisions of this Ordinance, are hereby repealed or modified accordingly.

SEC. 46. EFFECTIVITY CLAUSE. - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

This Ordinance was finally enacted by the City Council of Manila on July 1, 2014.


ATTESTED:

    (Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
     (Secretary to the City Council)

APPROVED BY HIS HONOR, THE MAYOR, ON JULY 17, 2014.


ATTESTED:

     (Sgd.) EDWARD S. SERAPIO
City Government Department Head III
        (Secretary to the Mayor)