EXECUTIVE ORDER NO. 044, S-2020
PROHIBITING THE USE OF VIDEOKE MACHINES, NOISE-PRODUCING DEVICES, AND OTHER AMPLIFIED AUDIO SYSTEMS DURING STUDY HOURS AND WORKDAYS IN VIEW OF THE IMPLEMENTATION OF BLENDED LEARNING SYSTEM AND WORK-FROM-HOME ARRANGEMENT IN THE MUNICIPALITY OF ASINGAN, PANGASINAN
WHEREAS, it is the declared policy of the State to promote and protect the right to health of its citizens as mandated by Article 2, Section 15 of the 1987 Constitution, and the exercise of necessary, appropriate, and incidental powers by the Local Government Units (LGUs) for the efficient and effective governance, and those which are essential to the promotion of the general welfare as embodied in Section 16 of the Republic Act No. 7160 or the Local Government Code;
WHEREAS, Section 444(b)(1)(vii) of the Local Government Code authorizes the Local Chief Executive to carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;
WHEREAS, as a measure against the Coronavirus disease (CoViD-19), the Department of Education (DepEd) has devised the Basic Education Learning Continuity Plan to limit face-to-face interactions as an alternative to the conventional method of teaching in public and private elementary and secondary schools. Meanwhile, the Commission on Higher Education (CHED) implemented the Flexible Learning that makes use of online and blended learning technology and self-instructional modules and offline activities for Higher Educational Institutions (HEIs);
WHEREAS, in the October 7, 2020 press briefing, DILG Secretary Eduardo M. Alio urged local government units to prohibit videoke and other loud, distracting noises during schooldays when online classes and blended learning are conducted;
WHEREAS, it is imperative to create an environment conducive and optimal for the students to learn and accomplish school requirements without the unnecessary distractions and challenges brought by amplified sound systems and noise-producing devices to adjust with alternative learning pedagogy and to allow working residents to focus on their online work under the work-from-home arrangement;
NOW, THEREFORE, I, Engr. CARLOS F. LOPEZ, JR., Municipal Mayor of Asingan, Pangasinan, premises considered, by virtue of the powers vested in me by law, do hereby ORDER THE PROHIBITION ON THE USE OF VIDEOKE MACHINES, NOISE-PRODUCING DEVICES, AND OTHER AMPLIFIED AUDIO SYSTEMS DURING STUDY HOURS AND WORKDAYS IN VIEW OF THE IMPLEMENTATION OF BLENDED LEARNING SYSTEM AND WORK-FROM-HOME SETUP IN THE MUNICIPALITY OF ASINGAN, PANGASINAN, TO WIT:
SECTION 1. BANNING THE USE OF AMPLIFIED AUDIO SYSTEMS. The operation of amplified audio systems, including but not limited to videoke, karaoke, and other noise-producing devices shall be prohibited during study/work hours from Monday—Saturday, 7:00 AM to 5:00 PM for the entire school/academic year or until the community quarantine is lifted.
SECTION 2. WINDOW HOURS FOR OPERATION. The window time to operate amplified audio systems shall be from 5:01 PM to 8:00 PM on Mondays thru Saturdays, with utmost consideration and restraint so as not to disturb residents and other neighboring establishments.
SECTION 3. OPERATION ON SUNDAYS, HOLIDAYS, AND NON-SCHOOLDAYS. Amplified audio systems shall be allowed during Sundays, holidays, and non-school/workdays provided that the operator/owner exercises restraint to avoid excessive volume and disturbance. Provided, that the use of videoke, karaoke, and other amplified audio systems for celebrations and entertainment shall only be allowed from 8:00 AM to 8:00 PM.
SECTION 4. MASS GATHERINGS. Weddings, birthdays, wakes, etc. shall be properly coordinated with the LGU, PNP, and the barangays by securing necessary permits to ensure observance of minimum public health and safety protocols and 50% of seating/space capacity during its conduct as per the October 22, 2020 IATF Omnibus Guidelines on Community Quarantine. Likewise, blowing of horns, blaring of sirens, or excessive sound from vehicles, except for emergency purposes, are prohibited.
SECTION 5. ENFORCEMENT. The Philippine National Police (PNP) Asingan Police Station shall be the lead implementer to apprehend and prosecute all violators including the filing of criminal cases such as, but not limited to Alarms, Unjust vexation, Violation of Article 151 of the Revised Penal Code (Resistance and disobedience to a person in authority or the agents of such person) and any applicable laws and statutes. All respective Barangay Councils are likewise enjoined to abide by this Executive Order and other applicable national and local laws and statutes.
SECTION 6. SEPARABILITY CLAUSE. If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
SECTION 7. REPEALING CLAUSE. All previous executive orders, rules, regulations, and issuances, or parts thereof, which are inconsistent with the provisions of this Order are hereby repealed, modified, or amended accordingly.
SECTION 8. EFFECTIVITY CLAUSE. This Executive Order shall take effect immediately and shall remain in effect unless sooner revoked or amended.