City Council passes ordinance on mandatory use of QR code

File photo
File photo

VIOLATORS of the mandatory Safe Davao QR (DQR) code will now be fined or arrested, after the 19th Davao City Council passed on third and final reading the ordinance institutionalizing the QR code implementation within the city for Covid-19 contact tracing purposes.

The City Council passed the ordinance requiring the mandatory implementation of the DQR for all establishments and all individuals, including non-city residents on Monday, December 7.

The DQR implementation, which will be formally enacted as a city law in the coming days, will now have a hefty provision as violators of the QR code system will now be penalized.

According to the ordinance, among the prohibited acts are the use of DQR for non-essential movements, lending of a personal DQR to another permitting the use or abusing its use, possession of a fake DQR, and use of a cancelled DQR.

The ordinance will also penalize those who failed or refuse to present a valid DQR or scanning or inspection purposes required by persons in authority; use of fake ID, birth certificate, and business registration number, or another individual's important document to register for a DQR; making or selling fake IDs for DQR registration; hacking of the DQR system and/or identity theft; and failure to comply with the provisions of the ordinance.

Violators will be fined P500 for the first offense, P1,000 for the second offense, and P1,500 or one month imprisonment, or both, for the third offense.

Meanwhile, any shop or person who will be found guilty of tampering or hacking the online link will be prosecuted in violation of the Republic Act (RA) 10175 or the Cybercrime Prevention Act of 2012, and RA 10173 or the Data Privacy Act.

DQR holders in violation of its use for non-essential movement, use of a cancelled DQR, and failure or refusal to present a valid DQR will be reprimanded in the first offense; while a P500-fine or a community service penalty, or both for the second offense; and a P1,500 fine or one month imprisonment, or both for the third offense.

If the violation was committed by an establishment or "juridical entity", the owner, officer-in-charge, or high ranking official will be held liable.

While violators who are either a public officer or employee may face administrative charges, in pursuant to the Local Government Code of 1991 or the Civil Service Law.

For offenders apprehended by barangay officials, all fines collected will be divided, wherein the barangay will have a 60-percent share, while the remaining 40-percent will go to the city's general fund.

According to the ordinance, violators shall be given citation tickets, wherein it will be issued by the barangays, Davao City Police Office, Task Force Davao, and other authorized enforcers.

A "no contest" provision will also apply for violators who do not wish to contest the offense, and are willing to pay the imposed administrative penalty before the filing of formal charges in court.

DQR is an electronic contact tracing and travel pass platform intended to be implemented for several purposes, which will be used by the city government to improve its contact tracing efforts.

As defined by the ordinance, it will be used as a pass to enter and travel within the city for essential purposes such as accessing basic goods and services, or for work or business purposes; a pass in checkpoints; contact tracing record for entry and exit in all offices and establishments; for random scanning to people outside their residences beyond three meters; and all airplane passengers landing at the Francisco Bangoy International Airport (Davao International Airport).

Davao City Mayor Sara Duterte-Carpio issued Executive Order 60, which formalizes the implementation of DQR within Davao City.

However, the mayor previously said there is a need to institutionalize the DQR in the city.

At present, only selected establishments are enforcing the DQR scanning, including selected malls, government offices, and other offices.

Based on their latest figure, there are an estimated 76,000 registered establishments, which are already under "post-audit," removing individuals who registered on the establishment link and those establishments who doubled their registration.

Duterte-Carpio said the city has not yet denied entry to non-city residents because of failure to present their DQR.

The DQR was already implemented beginning November 23, but is still under gradual implementation.

City Human Resources Management Office head Lemuel Ortonio said the city is nearing its full implementation, and will be announced in the proper time.

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