The city council has approved Ordinance 63, s. 2021 entitled, “An Ordinance Creating the Public Order and Safety Division under the City Mayor’s Office in the City of Baguio, defining its duties, functions and rules of engagement.”
The measure provides for the scope of power and authority and defines the mission, functions, and responsibilities of the POSD.
Among the duties and functions of the division are to implement laws, ordinances, and executive orders relative to anti-vending, anti-smoking and other anti-vice, anti-mendicancy, anti-peddling, non-wearing of face mask/shield and other health protocols; establish a database with the end view of recommending measures to strengthen responses and provide immediate intervention for the prevention, detection and apprehension of violators; establish a set of rules for enforcers in the conduct of its operations; guide its personnel in the performance of their duties and responsibilities specifically the maintenance of order and safety within the city public market, the central business district, and in areas where they are deployed; provide support to the barangays; and secure the public and maintain public order in conjunction with the police and other law enforcement offices.
Under the operating guidelines, the POSD enforcers, in carrying out their activities, regardless of the type of functions to be performed and/or operation to be conducted, are not allowed to carry firearms and deadly weapons while on-duty; and shall at all times observe due courtesy and proper respect as befitting public servants.
They shall always wear uniforms and identification cards while on duty, except when conducting buy-bust operations in relation to the comprehensive anti-smoking and anti-peddling ordinances, but need to identify themselves as POSD members and present their identification once an apprehension transpired.
Issued violation tickets shall be cited in detail; avoid the use of excessive force; always observe maximum tolerance; and avoid using torture, force, violence, threat, intimidation, or any other means which violates the free will of any individual.
The enforcers shall exhaust all means to pacify resisting violator/s and to seek assistance from the Baguio City Police Office in the arrest and apprehension of person with deadly weapons.
They shall confiscate goods, products, and wares when necessary or only when violator/s refused to voluntarily surrender. Extra care shall be ensured during confiscation in order to avoid unwarranted incidents or scuffles. In the event of refusal to surrender, the violator/s along with the products shall be brought to the proper office for processing.
The division shall maintain records of confiscated goods, mode of disposition and status, and shall submit monthly and year-end accomplishment reports to the mayor and the city treasurer for accounting purposes.
All unclaimed non-perishable products after five days from the date of confiscation shall be turned over to the City Social Welfare and Development Office for proper disposition. Unclaimed perishable items shall be turned over to the same office within two days or earlier to prevent spoilage.
The CSWDO shall submit to the City Mayor’s Office the list of goods received along with the method of disposition.
Disposition of confiscated goods shall be, but not limited to nutrition program of the city, to the Baguio City Jail, donate to government or non-government charities; relief operations during calamity or disaster periods, and by destruction, particularly on electronic gadgets and fashion accessories such as earphones, chargers, cellphone accessories, belts, wallets, and socks, among other things.
The POSD shall conduct a regular orientation/training to its enforcers regarding the efficient and effective implementation of their functions and the rules of engagement prior to deployment in addition to the motivational trainings given the City Human Resource Management Office.
The budget for the efficient and effective implementation of the POSD program and activities shall be under the annual budget of the City Mayor’s Office.
The amount of P200,000 shall be allocated every year to cover expenses for trainings, seminars, orientations, and individual uniforms of one reflectorized orange vest; two pairs of tactical pants; and two pairs of long-sleeved, collared, and full sublimation shirt.
The implementing rules and regulations to be prepared by appropriate offices shall, after approval of the mayor, be submitted to the city council for confirmation within three months.
In addition, rules for disciplinary action to erring enforcers for the proper exercise of their functions and within the bounds their mandates shall be likewise formulated by appropriate offices within three months.
The ordinance was submitted to Mayor Benjamin Magalong for his signature.
April 26, 2024
