Full TEXT:

ORDINANCE NO. 2026-027

AN ORDINANCE REQUIRING OPERATORS, OWNERS, OR PROPRIETORS OF RESTAURANTS, FAST FOOD CHAINS, CANTEENS, FOOD COURTS, CARENDERIAS, BARS, MOBILE FOOD CARTS, AND OTHER SIMILAR ESTABLISHMENTS OPERATING WITHIN NAGA CITY TO PUT-UP A POTABLE DRINKING WATER SYSTEM ACCESSIBLE TO THE CUSTOMERS, OR SERVE THE SAME WITHOUT COST, AND PROVIDING PENALTIES THEREFOR:-

Authors: City Councilor Jessie R. Albeus
City Youth Councilor Chloe Gail C. Paco Senior Citizen
City Councilor Simeon Jesus B. Adan Jr.

Be it ordained, by the Sangguniang Panlungsod, in session assembled, that:

SECTION 1. TITLE. This Ordinance shall be known as the “Customer Access to Free Potable Drinking Water Ordinance in the City of Naga.”

SECTION 2. DECLARATION OF POLICY. It is the declared policy of the City Government of Naga to uphold and promote the general welfare of everyone, protect and promote everyone’s right to health, and ensure the delivery of basic services. Recognizing water as a basic necessity, it is hereby declared as a policy of the City Government of Naga to ensure that potable water is accessible to customers, not only when the customer asks for it.

SECTION 3. LEGAL BASIS.

Presidential Decree No. 856, otherwise known as the “Sanitation Code of the Philippines” requires drinking water to meet the national standards and regulates water sources and treatment.

SECTION 4. DEFINITION OF TERMS. As used in this Ordinance, the following words, terms, and phrases shall mean, as follows:

Operators, owners or proprietors – shall mean those persons who are in-charge of managing the restaurant, fast food restaurant, canteens and other similar establishments;

Restaurants and other similar establishments – shall mean business establishments where meals and refreshments are served and operating within the City of Naga;

Mobile Food Cart – is a compact wheeled unit either motorize or non- motorize use to sell prepared foods or beverages.

Customer – refers to one who avails of the services in a restaurant or food establishment; and

Potable water – refers to water that is safe to drink and that is compliant with Administrative Order No. 2017-0010 issued by the Office of the Secretary, Department of Health (DOH) or the “Philippine National Standards for Drinking Water” or PNSDW.

Bars – are establishments that are open late into the night and offer a space for social interaction, dancing, and entertainment such as dancing, live music, DJs, and performances, typically including the sale of alcoholic beverages and food.

Water filtration – shall mean as the physical removal or microorganism and suspended particles from water by passing it through a porous structure or membrane, which retains contaminants based on size exclusion. It is widely utilized to obtain safe drinking water, particularly in developing countries.

Certificate of Potability – shall mean as an official document issued by a Government health authority (such as city or municipal health officer) that certifies a specific water source or supply system is safe for human consumption.

Water Refilling Station (WRS) – shall mean as a business that sells purified drinking water, typically to customers to bring their own containers to be refilled.

Water Station (WS) – shall mean as a facility or unit that provides potable, purified, or filtered drinking water for consumption, frequently used for refilling reusable containers to reduce plastic waste. These stations ions can range from commercial, small scale refilling businesses to public hydration stations, dispensers, or fountains in public areas, workplaces, and schools.

SECTION 5. SERVICES AND FACILITIES.

5.1 All restaurants and other similar establishments operating business within the City of Naga are:
a) mandated to provide access to free potable water to its customers either through direct serving of free drinking water or putting-up of a water station.
b) must regularly maintain and clean their water dispensers and water storage containers.

5.2 Food Courts and Canteens with multiple food providers are required to set up a Water Station, complete with provisions for glasses or cups.

SECTION 6. WATER SOURCES
6.1. Water Refilling Stations operating within the City of Naga with valid permits from the City Health Office
6.2. Own drinking water with water filtration system
6.3. Metro Naga Water District (MNWD) Water Supply

SECTION 7. MINIMUM OF FREQUENCY OF SAMPLING FOR MICROBIOLOGICAL EXAMINATION OF DRINKING WATER.
7.1 Small Food Establishment such as Carenderias and Mobile Food Carts- every Six (6) Months.
7.2 For Industrial, Commercial, and Institutional Food Establishments- Monthly Sampling in accordance with Presidential Decree No. 856 (the Sanitation Code of the Philippines).

SECTION 8. FUNCTIONS OF THE CITY HEALTH OFFICE (CHO). The City Health Office (CHO) is hereby tasked to conduct an inspection of all restaurants and other similar establishments to ensure their compliance with the Sanitation Code of the Philippines.

All restaurants and other similar establishments shall display in a visible place their business permit together with the up to date water test result.

The City Health Office shall be the receiving office for any complaints relative to the violation of this ordinance.

SECTION 9. PENALTY. Any restaurant and other similar establishments that does not comply with the provisions of this Ordinance shall be liable for the following penalties:

9.1 First Offense           – Reprimand

9.2 Second Offense     – a fine of P3,000.00 and shall be given a final notice of violation;

9.3 Third Offense         – a fine of P5,000.00 and a suspension of business permit and closure until such time the restaurant and other similar establishment complies with the Ordinance.

SECTION 10. SEPARABILITY CLAUSE. If any provision or section of this Ordinance, or the application thereof to any person or circumstance is later declared invalid by any court of competent jurisdiction, the other provisions of this ordinance, as far as severable, shall remain in full force and effect.

SECTION 11. REPEALING CLAUSE. All other prior Ordinances, Executive Orders, Administrative Orders, Resolutions, Rules and Regulations, or parts thereof which are inconsistent with any of the provisions of this Ordinance are likewise deemed repealed or amended.

SECTION 12. EFFECTIVITY CLAUSE. This ordinance shall take effect immediately upon its approval and publication in a newspaper of local circulation and posting at the official social media account of the City Government of Naga.

ENACTED: March 2, 2026

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GABRIEL H BORDADO JR.
City Vice Mayor & Presiding Officer

LILIAN PASCUAL
Acting Secretary to the Sangguniang Panlungsod

APPROVED:

MARIA LEONOR G. ROBREDO
City Mayor