CHAPTER VII
PENAL PROVISIONS
Section 33. Violation of the provisions of this Code shall be penalized as follows:
(a) Any person found guilty of violating the provisions of Chapter IV, Section 12 (b) shall be punished with a fine of Two Thousand Five Hundred Pesos (Php2,500.00) or imprisonment of six (6) months, or both, at the discretion of the Court without prejudice to the filing of appropriate charges against the offender under Republic Act No. 7610 and other related laws.
(b) For violation of the provisions of Chapter V:
(1) Article 1 – by any operator, owner, seller, or distributor of video games and machines;
(2) Article 2 – by any person instructing, ordering, sending to an errand or coopting a minor to buy or acquire cigarettes, tobacco products or any kind of liquor or intoxicating drinks, except parent/s, guardian/s and/or family members of such minor/s (second paragraph, Section 22); by any person, whether manufacturer, wholesaler or retailer, found to be selling cigarettes, tobacco products or any kind of liquor or intoxicating drinks to minors (Section 23); and,
(3) Article 4 – by the owners, operators, sales clerks, employees/representative of hardware stores and other establishments selling/distributing rugby and other solvents;
First Offense: Fine of One Thousand Pesos (Php1,000.00) or an imprisonment of not more than one (1) month, or both, at the discretion of the Court, including the confiscation/destruction of video machines and other related paraphernalia/materials and merchandise (i.e., cigarettes, tobacco products, liquor/intoxicating drinks, rugby and solvents) and suspension of business permit for a period of one (1) month.
Second Offense: Fine of One Thousand Five Hundred Pesos (Php1,500.00) or an imprisonment of not more than three (3) months, or both, at the discretion of the Court, including the confiscation/destruction of video machines and other related paraphernalia/ materials and merchandise (i.e., cigarettes, tobacco products, liquor/intoxicating drinks, rugby and solvents) and suspension of business permit for a period of three (3) months.
Third Offense: Fine of Two Thousand Five Hundred Pesos (Php2,500.00) or an imprisonment of not more than six (6) months, or both, at the discretion of the Court, including the confiscation/destruction of video machines and other related paraphernalia/ materials and merchandise (i.e., cigarettes, tobacco products, liquor/intoxicating drinks, rugby and solvents) and the automatic cancellation/revocation of business permits or licenses and closure of the business establishment.
However, in the case of a corporation, partnership or association, the penalty shall be imposed upon the officials responsible for such violation.
(c) Violation of the provisions of Articles 3 and 5, Chapter V, the owners, proprietors, operators, possessors, managers, or administrators of bars, night clubs, restaurants, cafes, refreshments, convenient stores, computer or video establishments or places of similar in nature shall be liable if found:
(1) Violating the first paragraph of Section 27 and Section 29 of this Code:
First Offense: Fine of Three Hundred Pesos (Php300.00) for every minor caught inside their establishment;
Second Offense: Fine of Five Hundred Pesos (Php500.00) for every minor caught inside their establishment and three (3) months suspension of business permit/license; and
Third and Subsequent Offense: Fine of One Thousand Pesos (Php1,000.00) for every minor caught inside their establishment and revocation of business permit and permanent closure of business.
(2) Failure to post signs as provided under Section 24 (Article 2), second paragraph of Section 27 (Article 3), and Section 29 (Article 5), Chapter V, of this Code:
First Offense: Fine of Three Hundred Pesos (Php300.00);
Second Offense: Fine of Five Hundred Pesos (Php500.00) and three (3) months suspension of business permit/license; and
Third and Subsequent Offense: Fine of One Thousand Pesos (Php1,000.00) and revocation of business permit and permanent closure of business.
Section 34. Any parent or guardian found to be grossly negligent in the performance of the duties and obligations imposed by this Code shall be penalized, as follows:
First Offense: Admonition by the MSWDO;
Second Offense: Counseling by the MSWDO and with a notice of the imposition of criminal liability for subsequent apprehension; Third and Final Offense: The filing by any responsible person of the appropriate criminal charges against the parent or guardian of the minor who shall be punished with a fine of One Thousand Pesos (P1,000.00), or imprisonment of not more than ten (10) days, or both, at the discretion of the Court. The penalty imposed by this ordinance shall be without prejudice to the filing of other charges against the offender under Republic Act No. 7610 (An act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination).
Section 35. In addition to the penalties imposed by the foregoing Section 34, the parent/s, nearest relative/s or guardian/s of minors/children found violating the provisions of Section 12 (c), Chapter IV, second paragraph of Section 22, Article 2 and Section 26, Article 3 of Chapter V of this Code must pay the fine of Two Hundred Pesos (Php200.00) for the first offense, Three Hundred Pesos (Php300.00) for the second offense and Five Hundred Pesos (Php500.00) for the third and subsequent offenses.
Section 36. Any minor caught violating the provisions of this Code shall be processed as provided for in the following Chapter.