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Ord. No.018 2011

Firecracker Ordinance of Guinobatan, Albay (FOGA)

Republic of the Philippines

Province of Albay
Municipality of Guinobatan
OFFICE OF THE SANGGUNIANG BAYAN
Tel. No. (052)484-8257; E-mail: sbguinobatan@yahoo.com

EXCERPTS FROM THE MINUTES OF THE 44th REGULAR SESSION OF THE

SANGGUNIANG BAYAN HELD ON NOVEMBER 14, 2011 AT 9:31 IN THE
MORNING AT THE SANGGUNIANG BAYAN SESSION HALL, GUINOBATAN,
ALBAY.
Present:
Officer

Hon. Wilfredo O. Arevalo, Sr.

Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.

Absent:

Rolando P. Palabrica
Reynaldo O. Namia
Maria Sofia O. Orpiada
Stephen O. Ocfemia
Robert M. Baaga
Carlomagno P. Flores
Paul N. Garcia

Vice Mayor & Presiding

Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor (ABC Pres.)

Hon. Juris L. Villareal

Hon. Julio S. Tingzon IV
Hon. Patrick Polly C. Pintor -

Councilor
Councilor (O.B.)
Councilor (SKF Pres.)

MUNICIPAL ORDINANCE NO. 018-2011

REGULATING
THE MANUFACTURE, SALE, DISTRIBUTION,
POSSESSION AND/OR USE OF FIRECRACKERS OR OTHER
PYROTECHNIC DEVICES AND SUCH OTHER SIMILAR DEVICES AND
THE EXPLODING WITHIN THE MUNICIPALITY OF GUINOBATAN IN
ORDER TO PRESERVE PUBLIC ORDER AND SAFETY, PEACE AND
INTERNAL SECURITY OF THE CONSTITUENCY.
Proponent/Sponsor:
Councilor
Reynaldo
O.
Namia

Be it ordained by the Sangguniang Bayan of Guinobatan, Albay

in session assembled, that:
SECTION 1.
TITLE. This Ordinance shall be known and cited as the
FIRECRACKER ORDINANCE OF GUINOBATAN, ALBAY or
simply as FOGA.
SECTION 2.
PURPOSE. That the primary purpose of this ordinance is
to regulate the manufacture, sale, distribution, possession
and/or use of this firecrackers or pyrotechnic devices within the
Municipality of Guinobatan in order to preserve public order
and safety, peace and internal security of the constituency.
SECTION 3.
LEGAL BASES. This ordinance is anchored on the
following:
1. Section 16 of RA 7160 (Local Government Code of 1991).
General Welfare. 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 general
welfare. Within their respective territorial jurisdiction,

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Ord. No.018 2011

Firecracker Ordinance of Guinobatan, Albay (FOGA)

LGUs shall ensure and support, among other things, the

promotion of health and public safety, maintenance of peace
and order and the preservation of comfort and convenience
of its inhabitants.
2. Section 12 of RA 7183 (Firecrackers and Pyrotechnic
Regulation Act) provides the LCEs with authority to
promulgate necessary rules and regulations, viz-a-viz the
PNP, within their jurisdictions in comformity with national
standards, rules and regulations on the manufacture, sale,
distribution,
use
and
importation,
including
the
determination and review of the gun powder and other raw
material content of firecrackers and pyrotechnic devices in
accordance with the Act.
3. Section 7 par. (b) (10) of RA 9514 (Revised Fire Code of the
Philippines of 2008) which states that fire safety measures
shall be required for the manufacture, storage, handling
and/or use of hazardous materials such that any kind or
form of fireworks materials.
SECTION 4.
TYPES OF FIRECRACKERS AND PYROTECHNIC
DEVICES ALLOWED IN THIS ORDINANCE.
A. FIRECRACKERS paper cylinder containing an explosive and a fuse
and usually discharged to make a noise.
1. Baby Rocket a firecracker with a stick or so construed
that the lighting of a wick will propel the whole thing to lift
as few meters before exploding. The firecracker is about 1
inches in length by 3/8 inch in diameter while the stick is
about a foot in length;
2. Bawang A firecracker larger than the triangulo with 1/3
teaspoon of powder packed in cardboard tied around with
abaca strings and wrapped in shape of garlic;
3. Small Triangulo A firecracker shaped like a triangulo
with powder content less than the bawang and usually
wrapped in brown paper measuring inch in its longest
side;
4. Pulling of Strings A firecracker consisting of a small tube
about an inch in length and less than the of an inch
diameter with strings on its end. Pulling both strings will
cause the firecracker to explode;
5. Paper Caps Minute amount of black powder spread in
either small strips of paper on a small sheet for childrens
toy guns;
6. El Diablo Firecrackers tubular in shape about 1 inches
in length and less than inch in diameter with a wick; also
known as labintador;
7. Judas Belt A string of firecrackers consisting of either
diablos or small triangulos that can number up to a hundred
or thereabout and culminating in large firecrackers usually a
bawang;
8. Sky Rocket (Kwitis) A large version of a baby rocket
designed to be propelled to a height of forty (40) to fifty (50)
feet before exploding; and,
9. Other types equivalent to the foregoing in explosive content.
B. PYROTECHNIC DEVICES:

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Ord. No.018 2011

Firecracker Ordinance of Guinobatan, Albay (FOGA)

1. Sparklers Pyrotechnic devices usually made of black

powder on a piece of wire or inside a paper tube designed to
light up and a glow after igniting;
2. Luces Any of several kinds of sparklers;
3. Fountain A kind of sparkler conial in shape which is
lighted on the ground and designed to provide various rising
colors and intermittent lights upon being ignited;
4. Jumbo Regular and Special A kind of sparkler similar to
a fountain but bigger in size;
5. Mabuhay Sparklers bunched into a bundle of a dozen
pieces;
6. Roman Candle A sparkler similar to a fountain but
shaped like a big candle;
7. Trompillo A pyrotechnic device usually fastened at the
center and designed to spin first clockwise and then
counter-clockwise and provides various colored lights upon
being ignited;
8. Airwolf A kind of sky rocket shaped like an airplane with a
propeller to rise about forty (40) to fifty (50) feet and
provide various kinds of light while aloft;
9. Whistle Device Any of the various kinds of firecrackers or
pyrotechnic designed to either simply emit a whistle-like
sound or explode afterwards upon being ignited;
10.Butterfly Butterfly-shaped pyrotechnic device designated
to lift above while providing light;
11.All kinds of pyrotechnic devices (pailaw); and,
12.Other types equivalent to the foregoing devices.
SECTION 5.
PROHIBITED TYPES OF FIRECRACKERS AND
PYROTECHNIC DEVICES. The sale, distribution and use of
other types of firecrackers and pyrotechnic devices not
mentioned in the preceding section of such explosive content
and hazardous effect when ingested that could endanger the
life and limb, such as but not limited to atomic big triangulo,
super lolo, watusi and picollo and their equivalent are hereby
prohibited. Determination of what constitutes prohibited
firecrackers and pyrotechnic devices shall be vested with the
Chief of Police of Guinobatan, Albay.
SECTION 6.
MANUFACTURE
OF
FIRECRACKERS
AND
PYROTECHNIC DEVICES. The act of manufacturing
firecrackers and pyrotechnic devices is strictly outlawed within
the territorial boundaries of the Municipality of Guinobatan.
SECTION 7.
DISTRIBUTION, SELLING
CENTER
OF
FIRECRACKERS
DEVICES.

AREA
AND

AND DISPLAY
PYROTECHNIC

1. The distribution, sale and display of firecrackers and

pyrotechnic devices will be limited to a single zone which is
designated as a specific area for the purpose within the
vicinity of the Commercial Area of Guinobatan which is
designated specifically at D. Paulate Street or to such most
appropriate place within the Commercial Area of the
municipality that shall be determined by the Chief of
Guinobatan PNP and the Guinobatan Fire Marshal in
coordination with the Market Head and the Municipal
Engineer.
2. The distribution, sale and display of firecrackers and
pyrotechnic devices within the forty-four (44) barangays of
Guinobatan, Albay shall be designated by the respective

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Ord. No.018 2011

Firecracker Ordinance of Guinobatan, Albay (FOGA)

Punong Barangays to a single zone area of concerned

Barangays, subject to inspection of the Philippine National
Police (PNP), Guinobatan, Albay and the Guinobatan Fire
Marshal.
3. As a safety precaution, malls and similar establishments
within the municipality, shall not be utilized as display
centers for distribution and selling of firecrackers and
pyrotechnic unless done through media presentation or
other means without necessarily displaying firecrackers
therein.
4. Furthermore, the distribution, sale and display as herein
allowed shall be undertaken only by those duly issued a
license and permit by the Office of the Mayor.
5. The distribution, sale and display of firecrackers and
pyrotechnic devices within the territorial boundaries of
Guinobatan, Albay will be allowed only from December 15 to
January 2 of the year concerned, during Chinese New Year
and other public occasions provided however, that a permit
for such have been procured from the Office of the Mayor. In
the event that an exemption will be granted, the safety
precaution to be undertaken by the grantee shall be so
stated in the order of exemption.
SECTION 8.
REQUISITES FOR ISSUANCE OF MAYORS PERMIT
OR LICENSE.
1. For Distributor:
a. Police Clearance
b. Fire Safety Clearance
c. Building/Sanitary Clearances
d. Payment of Necessary Fees
e. Certified photocopy of permit to distribute from the
legitimate manufacturer.
2. For Seller/Display Center:
a. Police Clearance
b. Fire Safety Clearance
c. Payment of Necessary Fees
d. Certified photocopy of permit to sell/display from the
legitimate distributor.

SECTION 9.
DESIGNATED PLACE OF USE AND/OR EXPLOSIONS
OF FIRECRACKERS AND PYROTECHNIC DEVICES.
1. The use and/or explosions of firecrackers and pyrotechnic
devices in the Municipality of Guinobatan, Albay will be
limited to a single zone which shall be determined by the
Chief of Guinobatan PNP and the Guinobatan Fire Marshal
in coordination with the Market Head and the Municipal
Engineer.
2. The use and/or explosions of firecrackers and pyrotechnic
devices within the forty-four (44) barangays of Guinobatan,
Albay shall be designated by the respective Punong
Barangays to a single zone area of said Barangays, subject
to inspection of the Philippine National Police (PNP),
Guinobatan, Albay and the Guinobatan Fire Marshal.

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Ord. No.018 2011

Firecracker Ordinance of Guinobatan, Albay (FOGA)

3. The use and/or explosions of firecrackers and pyrotechnic

devices are hereby prohibited in the following instances and
places, to wit:
a. Anytime of the day and night within 100 meter radius
from any police outposts and headquarters;
b. During office hours within the perimeter of schools and
public buildings;
c. When liturgical services or masses are going on within
the perimeter of the churches; and
d. Anytime of the day and night inside utility vehicles;
SECTION 10.

PROHIBITED ACTS/ITEMS TO ENSURE SAFETY.

1. Manufacturing of firecrackers and pyrotechnic devices

within the territorial boundaries of the Municipality of
Guinobatan, Albay;
2. Distribution, sale, display and use of firecrackers and
pyrotechnic devices outside the designated zone area;
3. Smoking within fifteen meters (15m) from distribution,
selling area and display center;
4. Testing of firecrackers and pyrotechnics at distribution,
selling area and display center; and,
5. Presence of stoves, exposed flames and portable electric
heaters at distribution, selling area, display center and place
of use and/or explosions of firecrackers and pyrotechnics.
SECTION 11.

DISPOSAL OF UNFIRED FIREWORKS.

Any fireworks that remain unfired after the display is concluded shall
be immediately disposed properly.
SECTION 12.

PENAL PROVISION.

1. For Minor Individual: Counselling by the MSWDO and

appropriate community service
2. For Adult Individual:
a. 1st Offense
- a fine of P300.00 pesos
b. 2nd Offense
- a fine of P500.00 pesos
c. 3rd & succeeding offenses
- a fine of P1,000.00 or
one (1) day imprisonment, or both fine and
imprisonment, at the discretion of the court; and,
3. For Distributors, Sellers and Manufacturers:
Section 2 of RA7183 shall apply, to wit:
Any person who manufactures, sells or distributes
firecrackers and other pyrotechnic devices in
violation of the provisions of this Act (RA7183) shall
be punished by a fine of not less than Twenty
Thousand Pesos (Php20,000.00) or more than Thirty
Thousand Pesos (Php30,000.00) or imprisonment of
not less than six (6) months or more than one (1) year
or both such fine and imprisonment, at the discretion
of the court in addition to the cancellation of his
license and business permit and the confiscation by
the Government of his inventory or stock.
SECTION 13.
IMPLEMENTING AGENCY AND DISPOSITION OF
FINES.

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Ord. No.018 2011

Firecracker Ordinance of Guinobatan, Albay (FOGA)

The Philippine National Police (PNP) of Guinobatan, Albay shall be the

lead agency. All Barangay Captains are hereby deputized to carry out this
ordinance effectively.
SECTION 14.
SEPARABILITY CLAUSE. If, for any reason or reasons,
any part or provision of this Ordinance shall be held to be
unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force
and effect.
SECTION 15.
EFFECTIVITY. This ordinance
immediately upon its approval.

shall

take

effect

ENACTED: November 14, 2011.

Voting on the Ordinance:
In Favor:
All SB Members
Present
Not In Favor:
None
x--------------------------------------------------------------------------------------------------------------x
WE HEREBY CERTIFY as to the correctness of the foregoing
ordinance duly approved on third and final reading on November 14,
2011 during the 44th SB regular session.

REYNALDO O. NAMIA
Proponent/Sponsor

WILFREDO O. AREVALO, SR.

Vice Mayor & Presiding Officer

ATTESTED:
CHRISTOPHER O. PALEVINO
Secretary to the Sangguniang Bayan

APPROVED:
________________

JUAN MIGUEL M. GARCIA

Municipal Mayor