AN ORDINANCE AMENDING SECTION 19(a) OF MUNICIPAL ORDINANCE NO. 13, SERIES OF 2026, OTHERWISE KNOWN AS “AN ORDINANCE PROVIDING FOR A COMMUNITY-BASED MENTAL HEALTH PROGRAM AND DELIVERY SYSTEM IN THE MUNICIPALITY OF ROXAS, ESTABLISHING MECHANISMS AND GUIDELINES FOR ITS IMPLEMENTATION AND APPROPRIATING NECESSARY FUNDS THEREFOR,” IN COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS OF THE SANGGUNIANG PANLALAWIGAN

WHEREAS, the Sangguniang Bayan of Roxas enacted Municipal Ordinance No. 13, Series of 2026, otherwise known as “An Ordinance Providing for a Community-Based Mental Health Program and Delivery System in the Municipality of Roxas, Establishing Mechanisms and Guidelines for its Implementation and Appropriating Necessary Funds Therefor”;

WHEREAS, Section 19(a) of Municipal Ordinance No. 13, Series of 2026, adopted the penalty clauses provided under Section 44, in relation to Sections 18, 4(c), 4(e), and 5(h) of Republic Act No. 11036, otherwise known as the “Mental Health Act”;

WHEREAS, upon review of the said Ordinance, the Sangguniang Panlalawigan found that the provision of penalties under Section 19(a) may be considered ultra vires, insofar as the Municipality may not impose, modify, or independently prescribe penalties already provided by a national law beyond the authority granted by law;

WHEREAS, Section 44 of Republic Act No. 11036 provides the penalties for violations of the rights and prohibited acts covered by the said law, including, among others, violations relating to informed consent, confidentiality, discrimination, and prohibited treatment;

WHEREAS, the Sangguniang Bayan recognizes the need to amend Section 19(a) of Municipal Ordinance No. 13, Series of 2026, in order to conform the same with Republic Act No. 11036 and to address the findings and recommendations of the Sangguniang Panlalawigan;

WHEREAS, the amendment herein is intended to clarify that the penalties applicable to violations of the pertinent provisions of Republic Act No. 11036 shall be those prescribed by the said national law, and that this Ordinance shall not create or impose penalties beyond those authorized by law;

NOW, THEREFORE, BE IT ORDAINED...

SECTION 1. AMENDMENT OF SECTION 19(a). Section 19(a) of Municipal Ordinance No. 13, Series of 2026, is hereby amended to read as follows:

a. Penalties for Violations. The penalties provided under Section 44 of Republic Act No. 11036, otherwise known as the Mental Health Act, shall apply to violations of the applicable provisions of the said Act, particularly those relating to informed consent, confidentiality, discrimination, and prohibited treatment.

SECTION 2. REPEALING CLAUSE. Any provision of Municipal Ordinance No. 13, Series of 2026, or any existing municipal ordinance, rule, regulation, or issuance inconsistent with the provisions of this Ordinance is hereby repealed, amended, or modified accordingly.

SECTION 3. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.

SECTION 4. EFFECTIVITY. This Ordinance shall take upon approval.

On motion of Councilor Lucille T. Bacay duly seconded by all this Ordinance is hereby ENACTED.

Adopted: 14 September 2026