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,d Republic of the Phihppines Department of Education- National Capital Region

SCHOOLS DIVISION OTFICE

QUEZON CITY Nueva Ecija St., Bago Bantay, QC www.depedqc. ph "ranuary

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DIVISION MEMORANDIIM No. 0D6 ,s.2018 DISSEMINATION OF E)GCUTIYE ORDER NO. 28 DATED JI]NE 20, 2017 (Providing for the Regulation and Control ofthe Use ofFirecrackers and Other Pyrotechnic Devices)

TO

Assistant Schools Division Superintendents Chiefs, SGOD / CID Division and District Supervisors Elcmentary and Secondary School Eeads He-ads of Units AII Concerred

Pursuant to DepEd Mernorandum No. 201, s. 2017 from Honorable Leonor Magtolis Briones, Secretary, Department of Educatiorq Pasig City, enclosed is a copy of Executive Order No. 28 dated

lune 20,2017 from the Oftice of the President erlltled "Providing for the Regulotion and Control of lhe Use of Fbecrackers and Olher ffrotechnic D*ices", the contonts of which is self-explanatory. Attention is invited to sections I to l

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of the said Executive Order.

Immediate and wi,lc dissemination of this Memorandum is dested.

TE Schools

Incl As stated. References: DepEd Memorandum No. 201, s.2017

To be indicated in the Perpetual Index under the following subjects: BUREAUS AND OFFICES LEGISLATIONS POLICY RT'LES AND REGULATIONS

UESADA, CESO on Superintendent

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DeoEd MEMORANDUM 2ot7 ,No: 2 ,

DEC 2017

01 s.

DISAEilTI{ATIOI{ OF EECUTM ORDER I{O. 28 DATED JvfrDzJ,X)t1 (Providing for the Regulation and Conuol of the Use of Firecrackers arrd Other $rrotechnic Devices)

To:

Undersecretaries Assistant Secretaries Eh.rreau and Service Directors Regional Directors Schmls Dvision Superintendents All Others Concerned

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For the information and guidance of a]l concemed, enclosed is a copy of

&ecutive Order No. 28 dated June 20, 2Ol7 ftom the Office of the President entitled

Prsr{llhg for thc Regulatlon ead Coatrol of the Ure of Flrocraclcn and Other Pyrotechalc Devlces.

2.

Immediate dissemination of this Memorandum is desired.

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BRIOtrES

Secretary Encl.:

As stated Reference:

None To be rndicated in the Perpetual Lndex

under the following subjects: BUREAUSAND OFFICES LECISI.ATIONS POUCY RULES AND RFfUT.ATIONS

MCIU/D Di.*oinatiop lO74-liovllutEr 28,

20

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o, thc EO tio. 29 dstcd Junc 20. 2Ol7

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(Enclosure to DepEcl Memoranolrm No. zur, s. 20 t.tl

MALACANAN PALACE MANILA

BY THE PRESIDENT OF THE PHILIPPINES EXECUT]VE ORDER NO. 28 PROVIDING FOR THE REGULATION AND CONTROL OF THE USE OF F]RECRACKERS AND OTHER PYROTECHNIG DEVICES

WHEREAS, it is a Filipino tradition to use firecrackers and other pyrotechnic devices to celebrate events of personal, religious, cultural and national importance;

WHEREAS, Republic Act (RA) No. 7183 contains illusbative lists of what comprises firecrackers and other pyrotechnic devices, and provides for the regulation and control of their manufacture, sale, distribution and use consistent with, and in furtherance of, public safety, order and national security, as well as the enhancement of the cultural haditions;

WHEREAS, the said law authorizes the Philippine National Police (PNP), through its Director-General, to determine what constitutes prohibited firecrackers and other pyrotechnic devices, and to promulgate rules and regulations necessary to regulate and control their use after public hearing and consultation with the firecrackers and pyrotechnic industry; WHEREAS, local chief executives are likewise authorized to promulgate the necessary rules and regulations on firecrackers and other pyrotechnic devices within their tenitorial iurisdiction in conformity with the national standards, rules and regulations;

WHEREAS, as there continues to be a substantial number of firecracker related injuries, even casualties, recorded every year, some involving mere bystanders, the promulgation of stricter national standards, rules and regulations is wanantedi

WHEREAS, Article Vll, Section 17 of the Constitution provides that the President shall have control over all of the executive departments, bureaus and offices, and shall ensure that the laws are faithfully executed; NOW' THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic

of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

Sectlon 1. Community Fireworks Display, To minimize the risk of injuries and casualties, the use of lirecrackers shall henceforth be confined to community fireworks displays.

THE PRITSIDENT oF TllE PHILIPPINES

A display of fireworks qualifies as a community fireworks display if it complies with all of the following conditions:

.

a.

lt is conducted on the occasion or as part of a celebration, competition, or simalar event held in a venue other than a place of residence,

b. lt is conducled under

the supervision of a hained person duly licensed by

the PNP; and

c.

lt is allowed by the municipality/city concerned through a permit specifytng the date and tirne of the fireworks display and the specific area in which the display will be conducted, in conformity with national standards, rules and regulations.

S€ctlon 2. Other PyroGchnic Devicer, Pyrotechnic devices other than firecrackers may be used outside community fireworks displays subject to existing laws, rules and regulations. Section 3. Prohibited Firecrackerc and Pyrotechnlc Device. Pursuant to RA No. 7183, the Director-General of the PNP is hereby directed to promulgate criteria for what constitutes prohibited firecrackers and pyrotechnic devices within thirty (30) days from the effectivity of this Order, and also to provide specific lists of such devices as may be necessary for the guidance of the public, which will be disseminaled to all concemed. All fireworks falling under such criteria may not be manufac'tured, sold, distributed or used even as part of a community fireworks display.

Section 4. lmplementing Rules and Regulations. The PNP, in coordination with the Department of Health (DOH), the Department of the lnterior and Local Govemment (DILG), the Department of the Environment and Natural Resources (DENR), and the Bureau of Fire Protection (BFP), afler the appropriate public consultation, shall promulgate rules and regulations for the implementation of this Order, which shall indude guidelines on allowable areas where community fireworks displays may be conductred. Such rules and regulalions shall form an integral part of the lmplementing Rules and Regulations of RA No. 7183.

Socdon 5. Admlnistrafron and Enforcement. The PNP, in coordination with other concemed agencies and the local government units, shall be primarily responsible for the enforcement of RA No 7183 and this Order, \uhich shall include the conduct of inspections, and the confiscation and destruction of prohibited lirecrackers and pyrotechnic devices in accordance with law.

Section 6. Support of Other Govemment Agencles. All other departments, agencies and instrumentalities of the govemment, including government -owned and {ontrolled corporations are directed to provide the support and assistance required in the implementation of this Order. Sectlon 7. lnformaflon Campaign. The DOH, tho Departnent of Education, BFP, PNP, the DENR, and local govemment units, shall conduci information campaigns on the danger of using fireworks.

Secton 8. Report The PNP, DILG and DOH shall submit a consolidated rBport to the Ofrce of the ftesident regarding the implern€ntation of this &der within hirty (30) days from the effec'tivity of this Order and every six (6) months thercafter, including statistics on the victims of firecrackers and other pyrotechnic devices per municipality or cig. Section 9. Fundlng. The amounts neoessary for the implementation of this Order shall be sourced hom the appropriations of all concerned departments, agencies and local government units.

Section 10, SeparEblllty. lf any provision of this Executive Ord€r is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. Section 1f . EtrGctvaty

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This Executive Order shall take efieci imm€diately.

DONE, in the City of Manila, thisZOtday of Lord, Two Thousand and Seventeen.

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in the year of Our

By the President:

ttSAL Executive

C. TIEDIALDEA

Secretary A

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