Town crafts law vs. drunkenness

GETTING drunk or intoxicated in Tuburan is a crime, according to its approved Ordinance 100, which was submitted to the Provincial Board (PB) for study.

The PB members returned the measure to the local government unit for revision and fine-tuning.

The ordinance provides that a drunk person, once caught for the first time, will be warned. He will be fined P500 on the second time, and will be fined P1,000 or imprisoned for five days once caught for the third time, depending on the court’s decision.

In case an offender is a minor, parents or guardians will suffer the same penalty, as provided in Section 5, under penalties.

Authored by Councilor Eduardo Ondoy, the ordinance declaring drunkenness or intoxication from liquor an offense within Tuburan was passed during their Aug. 22, 2016 regular session and approved by Mayor Democrito Diamante last Aug. 30, 2016.

The ordinance has six sections.

Notes

The PB committee on public safety, peace and order, headed by PB Member Sun Shimura, noted three things: the title is too harsh; “places” under Section 3 on prohibited acts must be specified; and exemptions in Section 4 should be clearly defined.

The committee noted that the title is too harsh in treating drunkenness as a crime, and implying that one violated the Revised Penal code. The committee also believed that “determination whether there is, indeed, a crime committed is within the wisdom and competence of a court.”

The committee suggested that the title should only declare drunkenness and drinking in public places as punishable in Tuburan.

The committee also noted Section 3, Prohibited Acts: “It shall be unlawful for any person who is caught drunk on street alleys, public roads or places.”

The committee wants to know if the word “places” shares the same meaning with the word “public” preceding it. The committee wants the word “places” specified.

Exemptions

The committee also wanted “exemptions” to be specified.

Section 4 merely stated “fiestas, market days and other celebrations” as the days when being drunk is exempted from punishment.

“Other celebrations should be defined clearly as to the limits of its interpretation,” read the committee’s observations.