Republic of the Philippines
Province of Iloilo
Municipality of Tubungan
Sangguniang Bayan
Municipal Ordinance No. 2009-09
PROVIDING FOR THE COMPREHENSIVE ORDINANCE ON
ENVIRONMENT AND FOR OTHER PURPOSES OF TUBUNGAN,
ILOILO
Honorable Francisco T. Tacadao - Sponsor
that:
Be it ordained by the Sangguniang Bayan of the Municipality of Tubungan
Chapter I
TITLE, POLICIES, PRINCIPLES AND DEFINITION OF TERMS
Section 1. Title. This Ordinance shall be known as the “Ordinance Providing
Comprehensive Ordinance on Environment and for other Purposes of Tubungan,
Iloilo” otherwise known as the “Environmental Code of Tubungan.”
Section 2. Declaration of Policies. The Environmental Code shall be the legal and policy
framework for a holistic approach to enhance the right of the people to a balanced ecology
in the municipality basing on Sections 16 and 17 (2) (ii & iv) of Republic Act No. 7160. It
shall be primarily aimed to contribute to the promotion and attainment of an
environmentally-friendly community by instituting legislative measures and reforms thus,
fulfilling the local government unit’s vision: “an ecologically balanced, peaceful and
progressive Tubungan with unified, self-reliant, healthy and empowered
people living in a just society.”
Section 3. Operative Principles. This Environmental Code shall be based on the following
basic principles:
a) Integration – characterized by comprehensiveness of scope, coherent and
consistent strategies, and cost-effectiveness of results of the policy making and
implementation processes undertaken. Integration is the principle behind the
mandate for local governments to implement and translate into their development
initiatives the national policies, plans and programs.
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b) Interdisciplinarity – refers to the recognition of the need to a diverse field of
knowledge to include natural, social and engineering sciences aside from available
traditional knowledge.
c) Precautionary Principle – wherein local decision makers take immediate
preventive action, using the best available knowledge in situations where there is
reason to think that something is causing a potentially severe or irreparable harm –
even in the absence of conclusive scientific evidence establishing a causal link. This
principle also applies in the formulation of predictive policies in Local Environmental
Management.
d) Polluter Pay Principle – wherein polluters cover the external cost of pollution
upon the community and environment, an example of the Polluter Pay Principle
concept is what is called negotiated compensation for damages done to the physical
environment.
e) Intergenerational Equity – that means ensuring equal access to goods and
resources for people in the present and future generations.
f) Public Participation – that consist in the appropriate access to information held
by public authorities and the participation of the general public in the decision
making process. This is necessary for stakeholders to gain sense of ownership to
the issues sought to be addressed, and to the interventions and solutions, which
are decided upon as necessary. This is also a way to decentralize responsibility for
environmental protection and conservation and ultimately empower communities
without using the coercive power of the state.
g) Indigenous and Community-Based Management – in recognition of effective
traditional practices in environmental management, as well as the right and duty of
local communities to conserve and protect the environment and natural heritage.
Section 4. Definition of Terms. This Environmental Code shall use the following terms in
its implementation, namely:
1) Agricultural Lands - lands of the public domain which are neither forest or
mineral lands nor national park.
2) Agricultural waste – shall refer to waste generated from planting and
harvesting crops trimming or pruning of plants and waste or run-off material
from the farms or fields.
3) Air Pollutant – Any matter found in the atmosphere other than oxygen,
nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or
normal concentrations, and include smoke, dust, soot, cinders, fly ash, solid
particles of any kind, gases, fumes, mists, odors, and radio-active substances.
4) Airborne dust or Dust – minute solid particles released into or carried into the
atmosphere by natural forces or by any fuel burning, combustion, or process
equipment or device, or by construction works, or by mechanical or industrial
processes.
5) Alienation, Disposition or Concession – any of the modes authorized by the
Land Code of the Philippines for the acquisition, lease or use of the lands of
the public domain other than forests, mineral or national park.
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Ambient Air Quality – the average atmospheric purity as distinguished from
discharge measurements taken at the source of pollution. It is the general
amount of pollution present in the broad area.
Assisted Natural Regeneration (ANR) – the process of rehabilitating denuded
forests lands by taking advantage of trees already growing in the area. This
usually involves the following activities: locating and releasing indigenous
trees, maintenance, and augmentation planting and augmentation.
Boulders – are large fragment of rock greater than 200 mm. (8 in.) in
diameter.
Buffer Zones – identified areas outside the boundaries of and immediately
adjacent to designated protected areas that need special development control
in order to avoid or minimize harm to the protected area.
Coconut tree – refers to a full pinnate leaved palm bearing a large edible fruit
called the coconut.
Commercial Lands – portions of alienable and disposable lands of the public
domain classified as suitable and intended for trading of goods and services by
competent authority.
Composting – shall refer to the controlled decomposition or organic matter by
microorganisms mainly bacteria and fungi into a humus like product.
Contract reforestation – implementation of reforestation activities through
written agreements with the community or local government.
Controlled dump – shall refer to a disposal site at which solid waste is
deposited in accordance with the minimum standards of site operation.
Cover Crop Planting – process of conditioning denuded areas which are highly
cogonal, rocky or erodible by planting creeping leguminous perennial plants
such as kudzu, stylosanthes, lablab, bean, psophocarpus, patani, or by
planting suitable non-legumes such as Mora, morning glory vine, wild sun
flower and kikuyu grass, in order to improve soil fertility, organic matter, and
water holding capacity prior to or concurrent with the planting of trees and
other perennial plants in such areas.
Department – shall refer to Department of Environment and Natural Resources
(DENR)
Deregulated tree species – include mahogany, gimelina, acacia, ipil-ipil, and
other planted trees, premium trees and Benguet Pine.
Disposal – refers to a site where solid waste is finally discharge or deposited.
Effluent standards – restrictions established to limit levels of concentration of
physical, chemical, and biological constituents discharged from point sources.
Emission – the act of passing into the atmosphere an air contaminant,
pollutant, gas stream, and unwanted sound from a known source.
Enrichment Planting – process of interplanting fuel wood, timber, and nontimber crops in adequately-stocked reforestation projects previously
implemented for the purpose of increasing wood supply for the people and
enhancing the income-generating potential of such projects.
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22) Environmentally acceptable – shall refer to the quality of being reusable,
biodegradable or compostable, recyclable, and non toxic or hazardous to the
environment.
23) Extraction – refers to an act or process of taking, excavating, and removing
24) Farmlands - lands intended for or actually devoted to the production of food,
including plantations.
25) Fuel-Burning Equipment – any equipment, device, or contrivance and all
appurtenances thereto, including ducts, breechings, fuel feeding equipment,
ash removal equipment, controls, stacks, and chimneys, used primarily, but
not exclusively, to burn any fuel for the purpose of direct applications or
indirect heating such as the production of hot air or hot water.
26) Fugitive Particulate – the particulate matter which escapes and becomes
airborne from unenclosed operation into the outside atmosphere without
passing or being conducted through a flue pipe, stack, or other structure.
27) Generation – shall refer to an act or process of producing solid waste.
28) Generator – shall refer to a person, natural or juridical, who last uses a
material and makes it available for disposal or recycling.
29) Gravel – particles of rock that passes a 7.5 (3”) and retained by 4.76 (N4)
sieve
30) Greenhouse Effect – a warning near the earth’s surface that results when the
earth’s atmosphere traps the sun’s heat. The greenhouse effect received its
name because the earth’s atmosphere acts much like the glass or plastic roof
and walls of a greenhouse. The earth’s atmosphere allows most of the sunlight
that reaches it to pass through and heat the earth’s surface. The earth sends
the heat energy back into the atmosphere as infrared radiation. Much of this
radiation does not pass freely into space because certain gases in the
atmosphere absorb it. These gases include carbon dioxide, ozone, and water
vapor. They grow warm and send infrared radiation back toward the earth,
adding to the warming at the surface.
31) Hay - stems and leaves of rice that was already threshed.
32) Income - Enhancement Planting–process of interplanting fuel wood and food
crops in areas previously planted with trees and perennials to produce income
from these areas while waiting for the trees to mature.
33) Industrial lands – public lands within the zone established by local
governments for the manufacture and production of large quantities of goods
and commodities.
34) Inorganic Fertilizer – commercial fertilizer
35) Land Classification – assessment, appraisal, and determination of land
potentials which include survey and classification of land resources and the
study and mapping of the soil.
36) Land Reclassification – subsequent classification, allocation, and disposition of
alienable and disposable lands of the public domain into specific uses.
37) Land Resources – all terrestrial, subterranean, and all geological features and
land masses of the public domain and private domain of the state, within the
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respective geographical jurisdiction of the local governments, including all flora
and fauna, and aquatic resources that dwell or exists upon it.
Land Use Planning – act of defining the allocation, utilization, development,
and management of all lands within a given territory or jurisdiction according
to the inherent qualities of the land itself and supportive of economic,
demographic, socio-cultural and environmental objectives as an aid to decision
making and legislation.
Limestone – rock consisting mainly of calcium carbonate and used as building
stone and when crystallized by heat and pressure, it becomes marble
Municipal Waste – shall refer to the produce from activities within the local
government units which include a combination of domestic commercial waste
and street litters.
National Park – forest registration essentially of natural wilderness character
which has been withdrawn from settlement, occupancy or any form of
exploitation, except in conformity with approved management plans, and set
aside as such exclusively to conserve the area or preserve the scenery, the
natural and historic objects, wild animals and plants therein and to provide
enjoyment of these features in such areas.
Natural Park – a relatively large area not materially altered by human activity
where extracted resource uses are not allowed and maintained to protect the
outstanding natural and scenic areas of natural or international significance for
scientific, educational and recreational uses.
Natural Resources – refer to material objects of economic value and utility to
man produced by nature. They constitute the patrimony of the nation.
Naturally growing Trees – trees which are not planted–include bayoko, tipolo,
salong, lunok, hitang-hitang batino.
NIPAS – the National Integrated Protected Areas System is the classification
and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to
ensure sustainable use of resources found therein, and to maintain their
natural conditions to the greatest extent possible.
Organic Fertilizer – pertains to compost manure or natural fertilizer
Particulates or Suspended Particulates – any material, other than uncombined
water, which exists in a finely divided form as a liquid or solid.
Permit – refers to the written authorization of the PCA allowing the cutting of
coconut tree.
Population, Resources and Environmental Balance – a condition where there is
a harmonious interaction between and among population, resources and
environment towards sustainable development. This means that population
factors such as size, growth, age-sex structure, distribution as well as their
activities do not compromise the replenishment and conservation of the
resources and the preservation of the environment and vice-versa.
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50) Population and Development Planning Approach – the development of a
mindset to look at all the important socio-economic and demographic
interrelationships in formulating, implementing, monitoring and evaluating
plans and programs.
51) Premium Trees – Under DENR Administrative Order No. 78, Series of 1987
include narra, molave, dao, kamagong, ipil, batikuling, betes, banuyo, bolongeta, kalantas, lanete, lambuyao, sangilo, supa, teak, tindalo, and manggis.
52) Private Land – land tax declared alienable and disposable and title lands
53) Production Forests – areas with slope from 0-50% developed to supply both
timber and non-timber products such as bamboo, rattan, horticultural crops,
(e.g. fruits/nut trees), mangrove, gums, and resins, species, fiber trees, or a
combination thereof.
54) Protected Area – identified portions of land and water set aside by reason of
their unique physical and biological significance, managed to enhance biodiversity and protected against destructive human exploitation.
55) Protected Forests – areas regardless of slope which are highly erodible or too
rocky for establishment of production forests, developed for the principal
objective of establishing vegetative cover to prevent erosion, conserve water
and nurture wildlife.
56) Public Domain – Land which belong to the State, province or municipality in its
proprietary capacity.
57) Public Land – refers to such lands of the public domain as are subject to
alienation and disposal by the State in accordance with the Public Land Act
[CA No.141].
58) Quarrying – the process of extracting removing or disposing quarry resources
found on or underneath the surface of public land or private land.
59) Receptacles – shall refer to individual containers used for the source of
separation and the collection of recyclable materials.
60) Reforestation – planting of denuded forest lands with trees and other
perennials. It shall include all direct and indirect activities necessary to
establish forest plantations, such as: identification of sites, surveying,
mapping, and planning, construction of infrastructure; seedling production;
site preparation; planting/replanting; maintenance and protection; covercrop
planting; enrichment planting and inter cropping; monitoring and evaluation.
61) Residential Lands – public lands intended for or devoted to the construction
and establishments of dwellings.
62) Resource Reserve – an extensive and relatively isolated and uninhabited area
normally with difficult access designated as such to protect natural resources
of the area for future use and prevent or contain development activities that
could affect the resource pending the establishment of objectives which are
based upon appropriate knowledge of planning.
63) Sand – particles of rock that passes a 9.5 mm (3/8”) and retained by a 0.150
mm (No. 100) sieve.
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64) Segregation at Source – refers to a solid waste management practice of
separating at the point of origin different materials found in solid waste.
65) Smoke – gas borne particulates resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon ashes, or other
combustion material.
66) Solid Waste – shall refer to all discarded household waste sweepings,
agricultural waste and other non hazardous/non toxic waste.
67) Solid Waste Management – shall refer to the discipline associated with the
control of collection, transfer and transport and disposal of solid wastes to the
dumpsite
68) Source Separation – shall refer to the sorting of solid waste into some or all of
its component parts at the point of generation.
69) Stalk/Straw – main stem or base of rice that remains in the soil after harvest
70) Standard or Limit – the concentration of any air contaminant which, in order to
protect public health and welfare, shall not be exceeded at a particular region
or ozone, and at a specified period of time. Standards are enforceable and
must be complied with by the owner or person in charge of an industrial
operation, process or trade.
71) Strict Nature Reserve – an area possessing some outstanding ecosystem,
features and/or species of flora and fauna of national scientific importance
maintained to protect nature and maintain processes in an undisturbed state
in order to have ecologically representative examples of the natural
environment available for scientific study, environmental monitoring, education
and for maintenance of genetic resources in a dynamic and evolutionary state.
72) Ten Upland Barangays – refers to the ten identified upland barangays with
forest reserve area of 2,288 sq. hectares. They are located in the slope area.
These ten barangays are Igpaho, Igtuble, Molina, Bikil, Bantayanan, Victoria,
Bagunanay, Lanag Norte, Morcillas and Navillan.
73) Unclassified Lands – all lands that have not been qualified into agricultural,
forest, mineral lands, national parks or other classes of lands in accordance
with the Land Code and the Revised Forestry Code.
74) Urbanization – act or process of making an area or a rural group of people
adapt to a city life.
75) Volatile Organic Compound – any compound containing carbon and hydrogen
in combination with any other element which has an absolute vapor pressure
of 0.10 kg/cm2 equivalent to 77.6 mm Hg. or greater under actual storage
conditions. Organic solvents include diluents and thinners and are defined as
chemical compounds of carbon which are liquids at standard conditions and
which are used as dissolvers, viscosity reducers, or cleaning agents.
76) Waste Diversion – shall refer to activities which reduce or eliminate the
amount of solid waste from the waste disposal facilities.
77) Waterways – a channel or tunnel through or along which the water runs – in
this ordinance, shall refer to brook, creek, stream, and river.
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78) Zoning – refers to the delineation/diversion of a municipality into functional
zones where only land specific land uses are allowed. It directs and regulates
the use of all land in the community in accordance with an approved or
adopted land use plan for the municipality. It regulates land uses and
prescribes limitations on structures/infrastructures thereon.
Chapter II
LAND
Section 5. State of the Resources. Lands and land-based resources are vital elements of
the municipality. They are valuable for the preservation of all life forms and the
perpetuation of economic benefits for Tubunganons. The municipality of Tubungan has
the total land area of Eight Thousand Five Hundred Eighteen hectares and Two Hundred
Four [5,518.204 has] being distributed into Residential: 158.9848 has, Forest: 2,224.777
has, Agricultural: 5,827.8238 has, Commercial: 0.900 has. And Industrial: 0.355 has. The
economic and ecological stability of these resources are being threatened by increasing
populations [population density of 2.53], extraction of more resources and imbalances in
spatial distribution [quarrying and kaingin], the discharge of more waste products [944.28
cubic meter] and the rapid conversion of natural areas into farm lands and grazing areas,
coupled with the introduction of intensive, chemically assisted farming techniques is
causing serious contamination of the land, reducing its fertility through the loss of
nutrients, over grazing and soil erosion.
Section 6. Basis of Action. Considering the extent and complexity of degradation,
improving the wholesomeness of the environment has been the subject of a broad range
of local and international policy instruments and action programs. It is therefore necessary
for the Municipality of Tubungan to complement and translate these concerns into tangible
and concrete courses of action. This role is further reinforced in section 2.c of the Local
Government Code stipulating the role of the LGUs in ensuring sustainability of the resource
base and maintenance of the ecological balance. Section 17 outlines the basic services
that LGUs are mandated to provide to its constituents consistent with the attainment of
general welfare in all its aspects; while Section 447 spells out the regulatory function of
the Municipality in the proper management of the resources of the land. Among the salient
points enumerated in this section are provisions for the establishment of facilities that
relate to land-use planning, waste disposal and measures for conservation of resources.
Section 20 further authorizes the Local Governments to seek for the reclassification of
agricultural lands within their respective jurisdictions.
Section 7. Management Direction. It shall be the policy of the Municipality of Tubungan
to ensure, for the benefit of its peoples both in the present and the future generations, the
efficient utilization; the disposition and management on a sustainable basis; and the
renewal and conservation of all land resources within their respective jurisdictions. The
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Municipal Government shall provide for the protection of the rights of local communities to
a judicious and proper utilization of land resources and to all the benefits that may accrue
from its development.
Section 8. Reversion of Lands. Lands that are disposable and alienable, or portions of it,
which have in time supported the growth of trees and other vegetation that has eventually
transformed the land to become ecologically aesthetic shall be recommended for reversion
into the classification of public parks. The Local Government Unit [LGU] shall conduct an
inventory of public lands and forest lands within its jurisdiction and identify and pinpoint all
titled lands that have somehow encroached into such public domain. Thereafter, the LGU
shall coordinate with and assist the appropriate national authorities in ensuring that such
titles are canceled and the lands reverted to the public domain.
Section 9. Production Land Use. The attainment of food security is vital to national
survival and the upliftment of the quality of life of the local populace. This shall be the
principal objective of production land uses. It shall be the policy of this municipality to
ensure that the negative consequences of production and utilization shall be balanced with
measures to improve the lands capacity to resuscitate and sustain its natural and nurturing
processes consistent with sound environmental management. The overall direction shall be
to assume a precautionary and anticipatory approach against land degradation.
Section 10. Maintenance of Productivity of Agricultural Lands. All identified agricultural
lands shall be maintained in its optimum productive state through the promotion of
sustainable farming practices. It shall be the policy of the municipal government to
encourage optimum productivity within the limits of ecological balance through the
conduct of appropriate extension services and educational programs. With assistance of
concerned national government agencies, a monitoring system shall be established within
the Land Use Information Center of the Local Development Council to determine soil
quality and generate necessary information.
The establishment of a data bank as a framework for continuing policy refinements shall
be supported by the determination of soil types and there relative geographic distribution,
the identification of the causes of soil degradation and the subsequent computerization of
this essential data. The development of a Geographic Information System (GIS) shall be
pursued, specifically for the development of thematic maps based on aerial or satellite
photographic interpretations of the NAMRIA and geodetic land use distribution maps.
Section 11. Prevention of Soil Erosion. It is the policy of the municipal government to
provide for the overall maintenance of soil fertility and prevent erosion. To this end, the
following measures shall be considered:
a) Implementation of cover crop planting to condition denuded areas or to make
productive use of cogonal areas. Using legumes as planting materials, cover crop
planting shall undertake as regular community program.
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b) Implementation of enrichment planting using fuel wood or non-timber crops in
between trees of reforested areas or open spaces in order to generate additional
income for organized civic groups and indigenous communities as well as to
enhance soil firmness and fertility.
c) Restriction or banning the use of a number of pesticides for agricultural purposes
due to hazards that they pose to public health, the environment and crops
specifically on
1) The use of organotin compounds (e.g. Brestan, Aquatin, Telustan, 60 WP,
Torque 50 WP), azinphos ethyl (e.g. Gusathion 40 EC, Marsathion 40 EC,
Bionex), methyl parathion (e.g. Folidol M 50 EC, Methyl Fosterno 50 EC, Methion
50 EC, Meptox 50 EC, Parapest M 50 EC, Penncap M, Wofatox 50);
2) Endosulfan and its derivatives to non-palay production only; and
3) Banning the use of chemicals, other than agricultural pesticides, which are
hazardous to human health.
It shall be the policy of the municipal government to support the promotion of Integrated
Pest Management in agriculture, focusing on the adoption of environment-friendly
biological techniques and organic farming.
d) Commitment to intensify efforts to reduce soil erosion through guided farming
approaches before attempting to control its flow, and to implement associated
rainwater management programs. In both cases, the LGU shall seek the assistance
of the Department of Agriculture (DA).
Section 12. Discourage Conversion of Agricultural Lands. It shall be the policy of the LGU
to discourage the further conversion of agricultural lands into other land uses unless such
is extremely desirable and the negative effects of its conversion are mitigated by the
appropriate preventive measures. On the contrary, the LGU shall formulate programs that
would retain the efficiency of production from such lands, to include accessing farmers
and tillers to appropriate lending institutions; provision of technical assistance,
maintenance of seedling banks; and the establishment of irrigation facilities, farm to
market roads and other incentives for agricultural production, with the assistance of
concerned government agencies should be part of land use strategy.
Section 13. Land Speculation and Development. Lands of the private domain, particularly
in the areas of intense economic growth are normally eyed for development or investment
speculation. Consequently, the uncontrolled conversion of such areas may lead to
unproductive uses, loss of aesthetic value, or ecological degradation. In this regard, the
LGU shall include in the LEC appropriate provisions to institute a monitoring system on
land development conform to existing laws on land uses and environmental impact
assessments issued by the Land Management Bureau and the DENR. The LGU shall
formulate policies instituting sustainable management practices in land development and
speculation, as well as devise an accreditation system for developers and speculators to
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ensure that their plans are consistent with and shall positively benefit the municipality
development and environmental management plans.
Chapter III
INFORMATION AND INSTITUTIONAL DEVELOPMENT
Section 14. Measures and Courses of Action. The Municipality of Tubungan shall make
policy reforms and project interventions through this Code. As a basis of sustained
resources management planning and dynamic policy formulation, there shall be adequate
information gathering, dissemination and institutional coordination.
Section 15. Land Use Planning. The Local Governments shall continue to formulate,
update or revise as maybe necessary, local Land Use Plans which should be consistent
with the guidelines stipulated in the National land Use Act and the Comprehensive
Provincial Land Use Plan. Also, these should consider addressing issues of regional,
national and global concerns. In undertaking such, the Local Government shall:
a) Create a Municipal Land Use Committee within the Municipal Development Council
with adequate representation of various sectors, national agencies concerned with
land resources, and relevant local Nongovernmental Organizations and civil society
organizations. The Council shall review provide information and recommend to the
local government measures that will ensure profitable, equitable and sustainable
use of land resources. The committee shall function as a forum for the resolution
resource-use conflicts arising from the sustainable utilization of land resources.
b) Establish Land-Use Information and Monitoring Center. Relative to this, The LGU
should include a provision in the Municipal Development Plan to do a continuing
resource accounting and assessment program in order to generate the proper data
sets, including Geographical Information Systems (GIS), from which to base policy
reforms. The said program shall serve as a document to evaluate the changes
occurring in the resources of the land.
c) Develop local capabilities for long term land use planning and population and
resource management by providing for appropriate training courses and academic
scholarships, and by coordinating with concerned agencies to ensure compliance to
land use regulations.
d) Develop a high degree of awareness for sustainable land use practices among the
local populace though community education programs. Such programs shall cover
matters of general concern such as waste disposal, reforestation and tree planting,
and other communal projects.
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Section 16. The formulation of land use plans and its accompanying zoning ordinance for
settlements development shall be pursued on the basis on an orderly and efficient
development of human settlements and the preservation of the integrity of the
environment. The LGU shall allocate priority to the designation of areas for solid waste
disposal, urban forest, and open or green spaces and recreational areas where people can
commune with the environment.
Section 17. Industrial Zones. In establishing industrial zones and other areas for the
concentration of infrastructure and facilities, the LGU shall consider the long term effects
of urbanization on the stability of the land and shall conduct comprehensive assessments
of its impact on waste disposal, soil erosion and human health.
Section 18. Environmental Management of Urban Establishments. All establishments
within an urban center shall be subject to an environmental monitoring system which shall
be devised and implemented by the LGU in order to ensure that all such establishments
conform to environmental standards set by the local and national governments on affluent
discharge. Such a system shall promulgate the maximum quantity of any pollutant or
contaminant that may be allowed to be discharged by any establishment and the
guidelines by which said firs can adhere to said standards.
Section 19. Urban Forest, Greenbelt Areas and Open Spaces. The importance of
establishing green areas has been recognized in many towns or cities as essential measure
to reduce noise pollution, as absorbers of excessive carbon dioxide, and as areas for
human recreation, aesthetic activities, cultural endeavors and serenity in general. In
consideration of these factors, it shall be the policy of the LGU to establish such areas and
reserve, for this matter, a substantial portion of the total settlement area for open spaces,
greenbelt areas and urban forests. Greenbelt areas, normally designated as parks, shall be
situated between the industrial or commercial areas and human settlements in order to
serve as a buffer zone and as noise breaker. Urban forests, on the other hand, shall be
located exactly within the center of the commercial district. The exact area to be
designated as open space shall be in conformity with existing laws on the matter as
prescribed in the National Building Code and the Urban Development and Housing Act of
1992.
Section 20. Tourism Areas. Designated areas for tourism development shall form the
legal pronouncements of the LGU and shall become part of the land use plan and zoning
ordinance of the municipality where these areas are located. Areas for tourism are
normally prone to high concentrations of waste due to periodic influx of people and the
establishment of support industries. In developing these areas, the LGU shall adopt a
policy of ecological assets that form the very basis of the industry’s existence.
Section 21. Squatting and Slums. While the alleviation of poverty is the immediate goal
of equitable and sustainable land use, the social and moral responsibility of the LGU
towards maintaining sanitary and hygienic conditions in human settlements is equally
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important and imperative for environmental management. Recognizing that the build up
of squatter areas and slums is a principal source of contaminants normally associated with
health risks and pollution, it shall be the policy of the LGU to contain and prevent the
aggravation of squatter settlements and provide for the immediate identification and
development of settlement sites for the affected people, while soliciting the necessary
coordination with the appropriate national government agencies.
Section 22. Environmental Week every Third Week of June. There shall be an annual
celebration of the Environmental Week in the Municipality of Tubungan every Third Week
of June.
Section 23. Creation of the Municipal Environment and Natural Resources Office
[MENRO]. There shall be created an Environment and Natural Resources Office in the
Municipality. The MENRO shall be responsible for the management of the environment.
Section 24. Adoption of Coconut as the “One Town-One Product” [OTOP] of the
Municipality. The Municipality shall adopt the coconut and its byproducts such as copra,
rope, geotextile, basket, organic fertilizer, rooting media and horticulture pots as its “One
Town-One Product.”
Section 25. Institutionalizing the Barangay Agricultural Worker. The Municipality shall
institutionalize the Barangay Agricultural Worker who is responsible for the following:
a) Provide farmers with proper technology in order to improve their production and
increase their income;
b) Represent farmers in their respective barangays in all agricultural fora and
seminars;
c) Lead the farmers in chemical free food production and other farm practices that will
not degrade the environment;
d) Assist farmers in their respective barangays to collect soil sample for soil analysis;
e) Coordinate with agricultural services personnel for crops poultry and livestock
problem assistance;
f) Assist personnel of the agricultural services office in monitoring the programs and
project implemented by the Office;
g) Do other related works which may be requested by the Office of the Municipal
Agricultural Services from time to time;
h) Provide the MAS Office an updated listing of farmers ands its corresponding farm
area;
i) Assist Municipal Agricultural Services personnel to collect planting and production
data and
j) Echo the trainings and seminars he attended to the members of the Farmer’s
Association of the Barangay where he belongs.
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Section 26. Establishment of the Municipal Nursery for Fruit-bearing Trees or Green
Brigade Nursery Center. The Municipal Nursery for Fruit-bearing Trees also known as the
Green Brigade Nursery Center shall be established with the following functions:
a) To reforest the municipality thereby protecting the inhabitants thereof from
calamities such as flood and soil erosion and also to protect the municipal
watersheds;
b) To provide the inhabitants of the municipality more fruits to eat, medicinal
alternative and additional income for the families;
c) To augment the Municipal Government’s income from sales of fruit products and
seedlings and
d) To make Tubungan an Ecologically Friendly Municipality.
Section 27. Project Manager. The MENRO shall be designated as the Project Coordinator,
who shall evaluate and recommend measures how the nursery operates under a selfreliant and sustaining entity through effective research, experimental propagation,
seedling distribution and fruitful return of peso investment.
Section 28. Each Barangay, through its Punong Barangay, is entitled for seedlings
produced in the municipal nursery in accordance with the proportionate geographical area
and dependent on the availability of produced seedlings; provided that such procurement
is solely for the reforestation and tree planting program of the municipality, but not
intended for sale by the requesting Barangays. Provided further, that the barangay SK is
regularly providing assistance through their Green Brigade Program. Students, nongovernmental organizations and government offices engaged in the reforestation program
shall, through the MENRO secure seedlings intended for such activities.
Section 29. The Municipal Nursery through its MENRO shall sell the seedlings at
reasonable price, to provide planting materials to individuals and organizations to cope
with financial burdens of operation.
Section 30. The Sangguniang Kabataan Municipal Federation [SKMF] through the
Municipal Green Brigade Program shall assist, both in financial and logistical aspects, in
the operation of this Nursery and Green Brigade Center.
Chapter IV
FOREST RESOURCES
Section 31. Protecting the Forest Resources. The Forest Resources shall be protected in
all aspects of land management aimed at:
a) Protection of
encroachment;
critical
ecosystems
and
biodiversity
from
further
human
14
b) Regeneration and rehabilitation of degraded land resource;
c) Protection of the people from environmental hazards; and
d) Preservation, enhancement and sustainability of the benefits derived from
maintaining the integrity of the municipality’s land resources.
Section 32. It shall be the policy of the Municipal Government to declare all suitable
public lands as protected forest areas as may be provided for in the National Land Use Act
and the Municipal Comprehensive Land Use Plan, and providing for their rehabilitation,
regeneration and continued protection. However, this shall be balanced with objectives to
generate economic benefits from growth in agricultural production and production of raw
materials from cottage-based industries, in coordination with the Department of
Environment and Natural Resources [DENR] and the Land Management Bureau [LMB].
Section 33. Organization of Bantay Gubat or Bantay Kalikasan Task Forces. Bantay Gubat
or Bantay Kalikasan Task Forces or of similar nature shall be organized to implement the
mandate for strict protection, rehabilitation and maintenance of the currently declared
protected area under the National Integrated Protected Area System Act [NIPAS]. Such
Task Force shall be community-based, well trained and adequately equipped for the
management and protection of parks, forest reserves, sanctuaries and other protected
landscapes.
Section 34. It shall be the policy of the Municipal Government to declare protected areas
those outside the coverage of NIPAS but are found to be ecologically fragile. These areas
shall be classified under such NIPAS categories as Natural Reserve, Natural Park, Wildlife
Sanctuary, Resource Reserve and Protected Landscape. However, prior consultations shall
be conducted with the affected communities. Agricultural lands within any protected area
but are outside the coverage of NIPAS should be segregated from the said protected area
for distribution to qualified beneficiaries under the Agrarian Reform Program.
Section 35. Reforestation. Reforestation and Tree Planting shall be a continuing priority
of the Local Government Unit. Priority areas for tree planting shall be:
a)
b)
c)
d)
e)
f)
Residual forest;
Within 20 meters of either side of a river or stream;
Areas identified with historical value;
Areas of high biodiversity;
Eroded slopes; and
All open spaces within the municipality, especially in residential and commercial
areas, including street, islands, promenades, parking area, peripheries, and in wide
sidewalks as may be suitable.
Section 36. Prohibitions. It shall be prohibited to plant trees beneath the electric lines.
Likewise the planting of trees within ten (10) meters from the existing main distribution
line of ILECO is also prohibited.
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Section 37. It shall be the policy of the Municipality to impose the planting of at least two
(2) seedlings of fruit-bearing trees before getting married for would be couple and
graduating elementary pupils and high school students.
Section 38. Monitoring on Slash and Burn. It shall be the policy of the LGU to compel
upland dwellers and other tenurial resource users, including holders of concessional
privileges for the exploitation of a particular forest land or resource to undertake the
sustained rehabilitation of their areas, or portions of it, through assisted natural
regeneration. Such a replenishment component shall form an integral part of the user’s
license or permit to operate and failure to accomplish such task shall be a valid reason for
the LGU to recommend the cancellation or non-renewal of their license, concession or
permit.
Section 39. Ban on Slash and Burn. The practice of slash and burn farming in lands
directly under municipal jurisdiction, especially in protected areas, shall be banned. Where
such a ban shall take place, the LGU shall be responsible for the provision of alternative
sources of livelihood to the affected people.
Section 40. Ban on Cutting of Trees. The cutting of trees shall be banned in all areas of
public domain within the municipal jurisdiction, unless, such cutting shall become
extremely necessary and shall result to long-term benefits for the citizenry. Moreover, any
exemption shall be allowed only upon securing clearance from MENRO and the Community
Environment and Natural Resources Officer [CENRO]. In the same line, the cutting of trees
within private lands shall be strictly monitored and controlled by the MENRO through the
issuance of appropriate clearances. The cutting of grown trees in private lands shall be
allowed only as a measure to regulate over-matured and unproductive trees. Furthermore,
it shall be the obligation of any private individual to replace any tree that he/she has cut
within his/her property.
Section 41. Other Prohibitions. Other prohibitions relative to the cutting of trees shall be:
a) Cutting, gathering and/ or collecting specifically natural growing trees and premium
trees and other forest products within public land without cutting permit from the
Department of the Environment and Natural Resources [DENR];
b) Cutting premium trees and naturally growing trees in private land without cutting
permit from the DENR;
c) Planted trees in private land except for Benguet Pine shall not be restricted for
harvest, transport and sale to promote planting of trees and to give incentive to the
tree farmers;
d) In relevance to the above-mentioned policies, transport of planted trees in private
land shall require a certification from CENRO concerned to the effect that the tree
came from a titled land, declared alienable land and
e) Cutting of planted trees, premium trees, and naturally growing trees 20 meters
from the bank of the river, stream, creek or brook, to protect the waterways.
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Section 42. Replacement of the Cut Trees. It shall be the policy of the municipality that
all trees of any specie that had been cut within its jurisdiction shall be replaced twice the
number.
Section 43. Regulation on Power saw/Chainsaw. The Municipal Government shall require
all owners of power saws and similar tree-felling equipment to register their equipment
/tools. A permit shall be secured from the DENR and a business permit to operate shall be
secured from the Office of the Mayor in the Municipality. In line with this, it shall be
prohibited to posses and operate unlicensed power saws/chainsaws and similar tree-felling
equipment.
Section 44. Declaring all Coconut Trees as Productive or Capable of Rehabilitation
through Fertilization. Cutting of coconut trees within the Municipality of Tubungan shall
not be allowed when exceeding five (5) trees or equivalent to 2,000 board feet.
Replacement shall be made twice the number of coconut trees cut.
Section 45. Exemption. No coconut trees shall be cut except on the following cases:
a. For typhoon damaged coconut trees in declared typhoon calamity area.
b. For trees which pose danger and threat to life, limb or property.
c. For trees in areas covered by land use conversion or crop conversion orders duly
issued by the Department of Agrarian Reform [DAR] or the Department of
Agriculture [DA] respectively.
d. Trees needed for personal use of farmers, for family housing or animal shed but not
exceeding five (5) trees or 2,000 board feet.
e. Only those coconut trees aged sixty (60) yrs. old and above as stipulated in RA
8048 are allowed to be cut for personal use.
Section 46. Transfer of Cocolumber outside of the Municipality. No person shall be
allowed to transport cocolumber outside the Municipality of Tubungan without permit.
Cocolumber transported for purposes of constructing personal or privately owned
residential house shall pay the corresponding fee of P.08/board foot, but limited to a
maximum of 3,000 board feet. In excess of 3,000 board feet, shall be considered for
commercial purposes and the transport of the same outside the Municipality is prohibited.
Section 47. Numbering of Trees. The Municipal Government, in coordination with the
Community Environment and Natural Resources Office [CENRO] and with the cooperation
of civic organizations shall formulate and adopt a program to number all trees within the
municipality’s jurisdiction. The tallying shall be applicable to all trees that are of the
maturing age and shall reflect classification of trees by species, a basic description of their
location, and information of ownership. This particular program shall be part of a broader
resource inventory and monitoring program of the LGU that will aid local authorities in
enforcing the ban on cutting trees.
17
Section 48. Adoption of trees by a household. Accountability and a sense of ownership
infuse legitimate concern for well being. Using this principle, the LGU shall promote a
program of “Tree Adoption” where households shall be requested to “Own” certain trees
near their residences for them to take care of and to ensure their protection and growth.
Section 49. Preservation of Flora and Fauna. Hunting, destroying, removing, or mere
possession of any plant, animal or other products, both living and non-living, derived from
protected areas such as strict Nature Reserves, Resource Reserves and Municipal Parks
shall be banned or regulated depending on their biological stock condition. However, all
flora and fauna listed under the protocols of the Convention on the International Trade of
Endangered species of flora and fauna [CITES], as well as species which are endemic and
unique to the municipality, and species whose existence are considered endangered and
threatened, shall be fully protected and any action that shall result to the taking, capture,
or disturbance of the habitats of said species shall be banned under this Code. In the
same plane, the conservation of bio-diversity shall be a primary concern of the LGU. A
scientific stock assessment and ecological monitoring program shall be designed and
implemented by the LGU, in coordination with specialized authorities, to gather adequate
information from which to base management measures over the long term.
Section 50. Measures aimed at the preservation of bio-diversity shall be pursued
including the following:
a) Banning of the taking, cutting, possession and transport of ecologically important
flora and fauna;
b) Establishment of seed banks and nurseries for the continuing replenishment,
propagation and improvement of ecologically and economically important flora;
c) Rehabilitation of fragile and important habitats of wildlife;
d) Conduct of a comprehensive community-based, multi-media educational program
on resources conservation and management to raise people’s awareness and shore
up participation; and
e) Adoption of tree or forest-dwelling wild life species (such as a bird or a mammal) in
the official seal of the municipality.
Section 51. Regulating the selling of Bamboo Shoots. Selling of Bamboo shoots shall be
regulated to safeguard the local bamboo industry.
Chapter V
MINERAL LANDS
Section 52. Management Direction. The LGU shall assist the national government
agencies in undertaking a system of gainful exploitation and rational utilization of
mineral resources through the designation, allocation and disposition of mineral lands for
18
development purposes. However, the LGU shall emphasize and ensure that all mining and
extraction activities shall be within the limits of a sound ecological balance. It shall impose
compliance by all resource users to environmental standards and measures that it may
promulgate to protect the sustainability of the mining industry and the surface resources
that are affected by mineral extraction. In pursuing these tasks, provisions in the code
shall compliment those that are prescribed in RA 7942 or the Mining Act of the Philippines.
Section 53. Mine Tailings. The LGU shall ensure that mine tailings and wastes are
properly disposed in sanitary landfills duly approved and indicated in the Municipal Solid
Waste Management Plan. In no case shall landfills, or mine tailings for that matter, shall
be located along the river banks or near population centers or agricultural lands where
such wastes shall pose dangers to human health, both in shorter and longer terms.
Section 54. Protection of Surface Resources. All mining activities shall be required to pass
a periodic environment clearance from the local government for the purpose of ensuring
that surface resources and those activities dependent on them, such as farming, will not in
any way be aversely affected by mining operations. The coverage of protection shall
include measures to prevent the loss of wildlife or disturbance of their habitats, prevent
the dislocation of indigenous communities and prevent contamination of riverine systems
that support other economic endeavors. It shall be the obligation of all mineral land users
to adhere to this policy. Non-compliance thereto shall be a ground for cancellation of their
permits.
Section 55. Reversion of Mineral Lands. The LGU shall identify exhausted mineral lands
and immediately move for their reversion into the category of forest lands. Thereafter, the
LGU shall work for the rehabilitation and reforestation of said reverted lands, assisted
where feasible, by those who extracted natural wealth in the area.
Section 56. Extraction of Sand and Gravel. Sand and Gravel protects the natural
configuration of river systems and its alteration causes a disruption of the natural
hydrological process. Moreover, the accretion of these minerals had taken nature a great
degree of time; one cubic meter of sand or gravel that is extracted shall be regulated by
the LGU according to the sustainable capacity of the resource base, and according to
reasonable economic rents. Such measure shall also take into consideration that any such
extraction shall not in any way impede, disrupt or alter the natural flow of riverine systems
or cause environmental hazards. For purposes of effort regulation and ensuring
compliance to environmental sustainability, concessionaires shall be required to secure
annual Environmental Clearance Certificates from the LGU.
Section 57. Prohibiting the Hauling/Extracting of Sand and Gravel and Boulder within the
territorial jurisdiction of the Municipality without quarrying permit from the Office of the
Provincial Governor.
19
Section 58. Quarrying for commercial purposes in the Ten (10)Upland Barangays. It shall
be prohibited to quarry for commercial purposes or to extract materials in huge volumes in
the ten upland barangays with the following reasons:
a) These upland barangays are situated in sloping area; and
b) In these sloping areas, quarrying may loosen the soil which can cause landslide
which will endanger and damage lives and properties.
Section 59. In consideration of the constituents of these Ten (10) Upland Barangays,
extraction of sand and gravel in the area for personal and residential use shall be allowed.
This is for the reason that materials for residential or personal use, require smaller
volumes compared with commercial purposes which comes in huge volumes.
Section 60. Collection or extraction of sand and gravel in the area of these barangays for
government projects like roads and pavements are not exempted from prohibitions,
unless, the project is implemented by administration.
Section 61. Quarrying for commercial purposes, especially those involving big
machineries and vehicles are strictly prohibited.
Chapter VI
AIR
Section 62. Basis for Action. The air we breathe directly affects humankind’s ability to
lead healthy and productive lives. Over the last decade, the burdens on the quality of air
brought about by mass production and mass consumption amidst a fast growing
population have increasingly led to its deterioration. The atmosphere has been considered
to be the most unstable. This is partly due to the long persistence of contaminants that is
absorbed within it. The constant advection processes that are occurring in ordinary, daily
human activities and the slow process of natural renewal and cleansing that is
characteristic of the atmosphere.
Section 63. The Air Pollution therefore presents an environmental dilemma in global
proportions. The atmosphere recognizes no borders. Its deterioration preempts the
comfortable existence of future generations over very wide areas. Atmospheric changes
have been the subject of increasing international intention. The prospect of global
warming conveys a sense of impending economic calamity that can affect not only human
health, but food supplies as well.
Section 64. Management Direction. The LGU shall prevent, to the greatest extent
permissible, the continued degradation of air quality in its respective jurisdictions and to
achieve, based on available information and technical support, such levels of air quality as
prescribed or to be standardized by the DENR. The LGU shall be guided by the Air Quality
20
Indices set under AO No. 14 and shall undertake the necessary precautionary and
preventive measures to ensure that the maintenance of said indices are pursued.
Section 65. Information and Institutional Arrangements. With technical guidance from
the DENR and EMB, the LGU shall, after public consultations formulate its Air Quality
Action Plan, consistent with national laws, for long term implementation. Such plan shall
contain, among others, the strategies which need to be undertaken within a specified
period of time for the attainment, control and maintenance of ambient air quality
standards set by the DENR for the region. The Implementation of the action plan shall
require the establishment of an air quality monitoring and evaluation system within the
local environment office and the building-up of sufficient personnel capabilities to conduct
monitoring and evaluation procedures.
Section 66. Establishing Ambient Air Quality Compliance. – The levels of air quality for
suspended particulates, sulfur dioxide, photochemical oxidants or ozone, and carbon
monoxide and the indices to compare whether such atmospheric parameters are within
acceptable levels have been established by the DENR (Administrative Order No.14) for all
areas in the Philippines. It shall be the duty of the LGU to ensure compliance to these
standards by:
a) Coordinating with the DENR the conduct of inspection of all industrial facilities,
including all equipment emitting potential air pollutants, to ensure that such
establishments are complying with established standards;
b) Requiring all holders of business permits using fossil fuel in any part of their
business operation to submit environmental clearance certificate issued to them by
the DENR as a pre-requisite to the renewal of their business permits;
c) Inform all other establishments of the municipality’s policy of adhering to the air
quality standards;
d) In compliance to the ambient air quality standard set by the DENR, the LGU shall
pass a resolution subjecting to environmental inspection control and banning as
may be appropriate, the erection, use, installation or operation of any article,
machinery, plant, or any contrivance which would release air pollutants into the
atmosphere which, together with the concentrations of existing air pollutants in the
municipality, would result to ambient air concentration greater than the quality
standards set by the DENR. To enforce such a regulation, the LGU shall periodically
seek the assistance of the DENR in conducting emission tests for all such devices,
equipments or plants.
Section 67. Fugitive Particulates. Pursuant to existing laws, the LGU shall ensure that no
person shall allow the emission of fugitive particulates from any source whatsoever,
including, but not limited to vehicular movement, transportation of materials, construction,
alternation, demolition or wrecking, or industry related activities such as loading, storing
or handling without taking reasonable precautions to prevent such emissions. In line with
such precautions, the following restrictions shall be observed:
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a) Covering of open loaded trucks transporting materials likely to give rise to airborne
dust;
b) When dusts, fumes, gases, mists, odorous matters or vapors or any combination
thereof escape from a building or equipment in such a manner and amount as to
cause nuisance or to violate any regulations, the LGU shall file a protest with the
DENR in order that the owner of building or equipment will be compelled to treat
or remove all air pollutant before discharge into the open air. In the same
manner, an ordinance shall be promulgated stating that no person or activity by
any group of persons shall cause or permit the discharge of visible fugitive dusts
beyond the boundary line of the property from which the emissions originate. In
case of building erection or demolition, quarrying operations or clearing of land,
precautions shall be carried out in order that fugitive dusts remain within the
premises of the activity being conducted.
Section 68. Storage and Handling of Volatile Compounds. As stipulated in appropriate
anti-pollution laws, the LGU shall see to it that within its territorial jurisdiction, no person
shall be allowed to place, store or hold in any stationary tank, reservoir, or other container
of more than 150,000 liters capacity of any volatile organic compounds unless such tank,
reservoir, or other container is pressure efficient, under normal conditions, to prevent
vapor or gas loss or leakage to the atmosphere, or is designed and equipped with
adequate vapor loss control devices.
Section 69. Reducing CO2 Emissions. Carbon dioxide [CO2] is produced through the
combustion of oil, coal and other fossil fuels. The natural balance of carbon dioxide in the
atmosphere has been greatly impaired by excessive fossil fuel use on one hand, and on
the other, the cutting down of large tracts of forests which would have otherwise used up
the CO2. On a global scale, the productions of excessive amounts of CO2 contribute half of
the global warming phenomenon. To curtail unnecessary emissions of CO2, the following
broad actions shall be considered:
a) Establishment, replenishment and overall maintenance of municipal greeneries such
as forest tree parks and greenbelt areas which act as “carbon sinks”,
b) Implementation of restrictions on CO2 emissions from stationary fossil fuel powered
facilities as prescribed by the DENR;
c) Propagation of energy-saving measures such as daylight saving time; fostering of
cooperative ventures in use of power generating machines; promotion of mass
transport system to encourage vehicle owners to leave private cars at home;
d) Strict enforcement of the anti-smoke belching program. The LGU shall decree that it
will be unlawful for any operator of a vehicle to allow it to discharge air pollutants
at levels greater than the acceptable concentration standard prescribed by the
DENR.
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e) Development of more efficient power generation systems, including the use of
hydraulic or geothermal energy. The LGU shall strive to seek assistance from the
public and private sectors in this endeavor.
Section 70. Reducing Emissions of Other Greenhouse Gasses. The emission of green
house gasses other than CO2 – Nitrous oxide and methane, are the main causes of global
warming from within the Earth’s surface. The former is produced through chemical
fertilizers, burning of timber and crops residues, and burning of fossil fuels. The latter, on
the other hand, is a natural byproduct of anaerobic breakdown of organic matter. The
approach shall be to raise public awareness on the dangers that these pollutants pose to
public health and global climate in general. As part of its information build up and
dissemination program, the LGU shall coordinate with the DENR- EMB and other
concerned national government agencies on the campaign against the emission of green
house gasses. Moreover, the LGU shall advocate organic farming and promote
environmentally-friendly-made materials such as furniture and fixtures, for use in public
offices.
Section 71. Reducing Emissions of Substances that Deplete the Ozone Layer. The ozone
layer is a fragile protective layer located 20-40 kilometers above the earth’s surface that
shield the earth from the harmful ultraviolet rays of the sun (UV-B). Too much exposure to
UV-B causes a person to be prone to skin cancer, eye cataract and blindness. UV-B is also
toxic to plants and affects the marine food chain. In this regard, the LGU shall:
a. Advice the local populace not to use aerosols with CFCs;
b. Convince buyers of air conditioners to purchase newer models that do not use
CFCs; and when air conditioning units are being serviced, the owners should
require that the CFCs be captured instead of being released directly into the
atmosphere;
c. Require entrepreneurs not to use such substances in metal cleaning of wrist
watches, cameras and electronic equipment;
d. Convince consumers not to patronize foam furnishings and mattresses that contain
CFCs and instead buy firmer, denser foams that do not use substances; and
e. Phase out the use of yellow fire extinguisher containing halons and replace with
extinguishers which use dry powder or CO2.
Section 72. Abatement of Urban Air Pollution from Motor Vehicles. In compliance to PD
1181, it shall be the policy of the LGU to ensure that precautions are undertaken to
prevent the emission of excessive carbon monoxide, particulates and sulfur dioxide from
motor vehicles. Some primary considerations are the enforcement of the anti-smoke
belching program, the intensification of coordination among concerned agencies on the
use of unleaded gasoline and reduce sulfur dioxide content in diesel fuel, the
establishment of a Traffic Mitigation Program to ensure the smooth flow of vehicles, and
the promotion of mass transport systems.
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Section 73. Prevention of Open Burning. No person or organization shall ignite, cause to
be ignited, or maintain any open fires except in the following activities:
a)
b)
c)
d)
Open fires for cooking of food for human consumption;
Fires for recreational or ceremonial purposes;
Fires for the prevention and control of diseases or pests;
Fires for the disposal of dangerous materials or wastes, when there is no practical
alternative method for disposal, provided that a clearance is secured from the
Mayor’s office;
e) Fires for training personnel in the methods of fighting fires;
f) Fires purposely set for recognized agricultural, forest and wildlife management
practices; and
g) Open fires expressly approved by the DENR and the LGU.
Section 74. Noise Reduction. The LGU shall set standards for both mobile and stationary
devices such as vehicles, construction and digging equipment, stationary engines,
factories, pub houses, restaurants, karaokes, and amusement parks. As a general measure
of noise abatement in vehicle-congested areas, the LGU shall see to it that greenery
buffers are established between such areas and residential sites.
Section 75. Measures against Offensive Odor. Although foul smell may not cause as
much nuisance and damage as polluted air, odor, nonetheless, is undoubtedly the most
complex of all air pollution problems. In many instances bad odor is caused by very
minute quantities of substances. Foul smell may be emitted by many industries and while
its primary effect is human nuisance, it also causes secondary disturbances as nausea,
insomnia and overall discomfort. On the economic front, persistence of foul odors may
cause the loss or deceleration of property values of areas near waste dumping sites,
slaughter houses and effluent pits of tanneries, pulp mills, fertilizer plants, foundries and
factories. In relation to this, the LGU shall adopt the following measures:
a) Odor control at the source is the best preventive measure and the LGU shall see to
it that probable sources of foul odor are practicing good sanitation and hygiene;
b) If foul smell is indeed emitted, the LGU shall require the source of pollution to
adopt measures that will mitigate odor pollution, including dilution by ventilation or
dispersal, combustion or oxidation, neutralization or odor masking.
Section 76. Public Education. The LGU shall embark on a continuing community
education program to raise awareness and peoples participation in the maintenance of
ambient air quality.
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Chapter VII
ECOLOGICAL SOLID WASTE MANAGEMENT
Section 77. Declaration of Policies. It is hereby declared the policy of the Municipality to
adopt a systematic, comprehensive and ecological Solid Waste Management Program
which shall:
a) Ensure the protection of Public Health Environment;
b) Utilize environmentally sound methods that maximize the utilization of valuable
resources and encourage resources conservation and recovery;
c) Ensure the proper segregation, collection, transport and disposal of solid wastes
through the formulation and adoption of the best environmental practices in
ecological waste management;
d) Encourage active participation of public and private sectors in solid waste
management;
e) Retain primary enforcement and responsibility of solid waste management with the
barangays, NGO’s and the private sector;
f) Encourage cooperation and self regulation among waste generators to practice
proper waste management segregation and disposal;
g) Strengthen the integration of ecological solid waste management and resources
conservation and recovery topics into the academic curricular environment
awareness and action among citizenry.
Section 78. Municipal Waste Management Council. There is hereby established a
Municipal Solid Waste Management Council that shall prepare, submit and implement a
plan for the safe and sanitary management of Solid Wastes generated in areas under its
geographical coverage.
Section 79. The Municipal Waste Management Council shall have the following duties and
responsibilities:
a. Develop the Municipal Solid Waste Management Plan that shall ensure the long
term management objectives and strategies of the barangays in its area of
jurisdiction in the Development of Solid Waste Management Plan and shall conduct
consultation with the various sectors of the community.
b. Adopt measures to promote and ensure the viability and effective implementation
of Solid Waste Management Programs in its component barangays.
c. Monitor the implementation of the Municipal Solid Waste Management Plan through
its various political subdivisions and in cooperation with the private sectors, the
NGO’s and the PO’s.
d. Adopt specific generating measures to promote the viability of its Solid Waste
Management Plan.
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e. Convene regular quarterly meetings for purposes of planning and coordinating the
implementation of the Solid Waste Management Plans of the respective barangays.
f. Oversee the implementation of the Municipal Solid Waste Management Plan.
g. Develop the specific mechanics and guidelines for the implementation of the
Municipal Solid Waste Management Plan.
h. Recommend resolutions and ordinances to the Sangguniang Barangay that will
ensure enforcement and implementation of its Solid Waste Management Program.
i. Recommend measures and safeguards against pollution and the preservation of the
natural ecosystem; and
j. Coordinate the efforts of its component barangays in the implementation of the
Municipal Solid Waste Management Plan.
Section 80. The Municipal Solid Waste Management Plan. – the Municipality through its
Local Solid Waste Management Council shall prepare its 10-Year Solid Waste Management
Plan consistent with the Provincial Solid Waste Management framework provided, that
solid waste management plan shall cater primarily on composting and/or maybe reusing
and recycling of solid wastes generated in its respective jurisdiction.
Section 81. The Components of the Municipal Solid Waste Management Plans. The Solid
Waste Management Plan shall include, but not limited to the following components:
a) Municipal Profile – the plan shall indicate the following background information of
the Municipality and its component barangays, covering important highlights of the
distinct geographic and other conditions:
1. Estimated population of each barangay within the Municipality and
population projection for 1 year period.
2. Illustration map of the Municipality indicating location of residential,
commercial and industrial centers and agricultural area as well as dump
sites/landfills and other solid waste facilities.
3. Estimated solid waste generation and projection by sources such as
residential, market/commercial, industrial construction/demolition, street
waste, agricultural, agro-industrial, institutional and other wastes and
4. Inventory of existing waste disposal and other solid waste facilities and
capacities.
b) Collection and transfer – the plan shall take into account the geographic
subdivisions to define the coverage of the solid waste collection area that shall be
responsible for insuring a 100% collection.
c) Efficiency of collection from residential, commercial, industrial and agricultural
sources where necessary within its area of coverage is achieved. Towards this end,
the plan shall define and identify the specific strategies and activities to be
undertaken by the subject barangays, taking into account the following concerns:
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1. Availability and provision of properly designed containers or receptacles in
selected collection and transfer to the disposal site.
2. Segregation of different types of solid wastes for disposal and composting.
3. Hauling and transfer of solid wastes from the source or collection points to
dumpsite.
4. Issuance and enforcement of ordinances to effectively implement a collection
system in the subject barangay and
5. Provision of properly trained officers and workers to handle solid waste disposal.
The plan shall identify existing and proposed disposal sites and waste management
facilities in the Municipality. The plan shall specify the strategies for the efficient disposal
of wastes, through existing disposal facilities and identification of prospective sites for
future use. Open dumpsites shall not be allowed as final disposal sites. If an open
dumpsite exists in the municipality the plan shall make provisions for its closure or
eventual phase out.
Section 82. Education and Public Information. The education and public information
component shall describe how the municipality will educate and inform its citizens about
the source reduction and composting programs. The plan shall make provisions to ensure
that information on waste collection services, solid management and related health and
environmental concerns are widely disseminated among the public. This is undertaken
through the effort of all government agencies and the non-governmental organization of
the municipality. The Department of Education shall be involved in information
dissemination and in the education of the primary and secondary schools students about
the solid waste management rules.
Section 83. Waste Characterization. The Municipal Environment and Natural Resources
Officer (MENRO) in coordination with the Solid Waste Management Council (SWMC) shall
be responsible for the establishment of the guidelines for the accurate characterization of
wastes including determination of whether or not wastes will be compatible with the
containment feature and other wastes and whether or not wastes required to be managed
are hazardous wastes under RA-6969 otherwise known as the Toxic Substance and
Hazardous Nuclear Wastes Control Act.
Section 84. Mandatory Segregation of Solid Wastes. The Municipality of Tubungan shall
evaluate alternative roles for the public and private sectors in providing collection services,
type of collection system or combination system that best meet their needs. Provided, that
segregation of wastes shall primarily be conducted at the source, to include household,
industrial, commercial and agricultural sources. Provided further, that wastes shall be
segregated into the categories provided in Section 85 of this Ordinance.
Section 85. Requirement for the Segregation of Solid Waste. The following shall be the
minimum classification and requirements for the segregation of solid waste pending
collection:
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a) There shall be a separate container for each type of waste from all sources
provided that in the case of bulky wastes it will be collected in a separate manner
that may not hamper the smooth transport to the site. “No segregation no
collection”
b) The solid waste container to be used shall be properly marked to identify for non
site collection as biodegradable or non-biodegradable receptacle and/or any
identification as maybe determined by the Solid Waste Management Council.
Section 86. Requirements for Collection of Solid Wastes. – The following shall be the
minimum classification and requirements for the collection of solid wastes:
a) All collection personnel directly dealing with collection of solid wastes shall be
equipped with paraphernalia to protect them from the hazards of handling solid
wastes.
b) Necessary training shall be given to the collectors and personnel to ensure that the
solid waste are handled properly and in accordance with the guidelines pursuant to
this ordinance and
c) Collection of solid waste shall be done in a manner that will prevent damage to the
container and spoilage of solid waste within the collection vicinity.
d) Service fee shall be collected monthly as follows:
a) 5.00 per household
b) 10.00 per commercial establishment
c) 15.00 per industrial establishment
Section 87. Requirement for the Transport of Solid Wastes. The solid wastes shall be
collected and transported from the origin to the dumping site by a vehicle designated for
the purpose and specified schedule shall be observed. For the safety of constituents to any
contamination hazards, biodegradable wastes shall be collected every Tuesday and Friday.
Non-Biodegradable wastes shall be collected every Monday and Thursday.
Section 88. Inventory of Market for Composts. Within six (6) months after the effectivity
of this ordinance, the MAS Office shall publish an inventory of existing markets and
demands of compost. Said inventory shall be thereafter updated and published annually.
Provided composting of agricultural wastes and other compostable materials, including but
not limited to garden wastes shall be encouraged.
Section 89. Guidelines for Composting Quality Compost. Products intended to be
distributed commercially shall conform to the standards for organic fertilizers set by the
DA. The DA shall assist the compost procedure to ensure that the compost products
conform to such.
Section 90. Prohibiting Against the Use of Open Dumps for Solid Waste. No open dumps
shall be established and operated, nor any practice or disposal of solid waste by any
person including the Municipality and Barangay which constitutes the use of open dumps
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for solid wastes be allowed after the effectivity of this ordinance. Provided, that no
controlled dumps shall be allowed after five (5) years following effectivity of this
ordinance.
Section 91. Criteria for Controlled Dumps. The following shall be the minimum
considerations for the establishment of the controlled dumps:
a) The site selected must be considered with the over-all land use plan of the
municipality.
b) The site must be accessible from major road way or thoroughfares.
c) The site should have an adequate quantity of earth cover materials that is easily
handled and compacted.
d) The site must be chosen with regards for the sensitivities of the community
residence.
e) The site should be large enough to accommodate the community wastes for a
period of ten (10) years during which people must internalize the values of sound
and sustainable solid waste disposal, and
f) Designation of a separate containment area for household hazardous wastes.
Section 92. Guidelines for Identification of Common Solid Waste Management Problem.
For the purpose of encouraging and facilitating the development of local government plans
for solid waste management, the Solid Waste Management Council shall, as soon as
practicable but not later than six (6) months from the effectivity of this ordinance, publish
guidelines for the identification of those area which have common solid waste
management problems. The guidelines shall be based on the following:
a. The size and location of areas which should be included.
b. The volume of wastes which should be generated.
c. The available means of conducting barangay development plan, possible integration
of such with the Municipal Development Plan, and
d. Possible life span of the disposal facilities.
Section 93. Prohibited Acts. The following acts are prohibited:
a. Littering, throwing, dumping waste matters in public places, such as roads,
sidewalks, canals, “esteros” or parks and establishment, or causing or permitting
the same.
b. Undertaking activities or operating, collecting or transporting equipments of
sanitation operation and other requirements or permits set forth or established in
this ordinance.
c. The open burning of solid wastes.
d. Causing or permitting the collection of non-segregated or unsorted wastes.
e. Squatting in open dumps and landfills.
f. Open dumping/burying of biodegradable and non-biodegradable materials in floodprone areas.
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g. Establishment or operation of open dumps as engaged in this ordinance.
h. Transport and dumping of collected domestic, industrial, commercial and
institutional wastes in areas other than in centers of facilities prescribed under this
ordinance.
i. Site preparation, construction, expansion or operation of waste management
facilities without an ECC required pursuant to P.D. No. 1586 and this ordinance not
conforming to the land use plan of the municipality.
j. Disposal of wastes by other LGUs in any portion of Tubungan.
Section 94. Regulating the Burning of Rice Hay and Stalk.
a) The burning of rice hay and stalk in the Municipality of Tubungan is hereby
regulated for the purpose of avoiding health and environmental hazards, and to
preserve these materials for the production of organic fertilizers.
b) Burning of the said materials shall only be allowed if the harvested palay is infected
with virus and fungal diseases, provided a certification or permit is previously
secured from the Municipal Agricultural Services Office.
c) Both the elected and appointed Barangay Officials are hereby directed to monitor
the activities of the farmers after harvesting within their jurisdiction and to
apprehend and endorse the violators to the Municipal Treasurer for penalty as
stated under MO No. 2009- __ .
Section 95. Anti-Littering and Provision of Trash Cans. Maintenance of cleanliness in all
parts of the municipality or barangay shall be a primary concern of the local government.
Towards this end, it shall be promulgated to invoke the citizen’s responsibility to ensure
that all areas, including those within the private domain, shall be kept clean and tidy at all
times. It shall be the duty of the LGU, however, to provide trash cans and garbage bins in
strategic points in public places in order to discourage the indiscriminate discarding of
trash.
Section 96. Collection of Household Trash/ Garbage. It is incumbent on the Municipal
Government to provide adequate trash collection services to its constituents. However, it is
equally the responsibility of the people to properly handle, store, sort and place their
garbage in the appropriate containers to facilitate orderly collection. For this purpose, the
LGU shall conduct an information campaign to educate the people on proper garbage
disposal and recycling.
Section 97. Greening of Street Shoulders and Islands. Street islands, as well as both
shoulders of all roads or streets in the poblacion proper, its barangays, subdivisions, and
compounds, shall be planted with shade or ornamental trees in a matter that is
scientifically and agriculturally acceptable, or at intervals sufficient to provide the healthy
growth of such flora and create adequate shade. No development permit shall be issued
by the Local Executives for subdivision projects unless there are provisions for the planting
of trees in the development plans.
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Section 98. Sewage and Sludge. Municipal treatment plants and settling facilities are
sophisticated and costly, and normally not within the financial and administrative
capacities of Philippine local governments. The most logical approach is for the LGU to
seek technical, as well as financial assistance from specialized national and international
agencies for that matter. In the meantime, however, the LGU shall exert all efforts to
establish an efficient sewage disposal system by ensuring that sewage canals are
maintained, unclogged and uncontaminated by toxic effluents.
Section 99. Disposal of Funeral, Animal Slaughterhouse and Gasoline Station Wastes.
The indiscriminate disposal of funeral wastes, animal slaughter house discards and
gasoline station waste products shall be banned by the LGU in their operations.
Section 100. Disposal of Dredge Materials. Dredging and unnecessary excavations shall
be avoided through the formulation of an efficient physical framework plan. Where dredge
materials are produced, however, these shall be disposed of properly in landfills
appropriately designated by the LGU. In no case, shall the LGU allow the indiscriminate
disposal of dredge materials to the body of waters, especially if such become
contaminated with industrial effluents along the process of disposition.
Chapter VIII
ENVIRONMENTAL IMPACT ASSESSMENT
Section 101. Basis for Action. The expanded powers granted by the Local Government
Code have granted LGUs the opportunity to set the pace of progress in their respective
jurisdictions. Following the goal of sustainable development LGUs have to take steps to
ensure that economic objectives are balanced by measures to protect the environment
and natural resources.
Section 102. Management Direction. While Presidential Decree 1586 has assigned the
Department of Environment and Natural Resources as the lead agency in implementing
the environmental impact statement system, it is imperative for LGUs to take a more
active role towards this end. It shall therefore, be the policy of the local government to
incorporate the environmental assessment process in its decision making functions for
development activities. It shall issue resolutions and ordinances supporting the following
concerns:
a) Both private and public sector activities under the local government’s jurisdiction
undergo environmental assessment.
b) LGUs, People’s Organizations and Cause-Oriented Groups are to be consulted
before the implementation of developmental activities in their localities – pursuant
to Section 26 of the Local Government Code.
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c) The LGU, asserting their right to be consulted, are able to present a position based
on a rational analytic process, such as the Environmental Impact Assessment
(EIA).
d) Private sector activities and investments – especially those involving the extraction
and exploitation of natural resources on land undergo Environmental Impact
Assessment (EIA).
e) Community participation in the Environmental Impact Assessment (EIA) process is
encouraged alongside efforts to develop in them environmental consciousness.
Section 103. Environmental Assessment of Policies, Plans, Programs. LGUs shall subject
to the environment impact assessment policies, plans and programs that are proposed to
be implemented in their respective localities. The process shall facilitate:
a. Anticipation of the cumulative impacts of sectoral developments on an identified
geographical area.
b. Anticipation of impacts of indirect activities resulting from the development.
c. Identification of a broader set of alternatives in relation to a development goal.
d. Early screening of projects and scoping of project-level environmental impact
assessment.
e. Strengthen environmental awareness of institutions and interest groups involved.
Chapter IX
MISCELLANEOUS PROVISIONS
Section 104. Penalties. Violation of any provision of this Code shall be imposed a fine not
exceeding Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment for a period
not exceeding six (6) months or both at the discretion of the court.
Section 105. National Law and the Municipal Code. In enacting ordinances imposing
penalties for acts that endanger the environment, LGUs must note the acts already
penalized under national laws and statutes. This is because the Constitution provides that
if an act is punished by a law and an ordinance, a conviction or acquittal under either shall
constitute a bar to another prosecution for the same act (Constitution, Art. III, Sec. 21). In
order to avoid double jeopardy complications, it would be advisable for ordinances enacted
by LGUs to penalize only those acts that are not yet covered by national penal statutes.
And insofar as acts already penalized by national laws, local ordinances may provide the
strategies or modes to make their enforcement more effective, with the sanctions to be
imposed in accordance with pertinent national laws or statutes.
Section 106. National Penal Laws on Environment. Acts and omissions already penalized
by national laws are as follows:
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Forest Conservation
 Cutting, gathering and/or collecting timber or other forest products without
authority (P.D. 705, Sec. 68). The penalty for violation of the law is imprisonment
of 2-20 years depending on the value of timber cut, gathered or collected.
 Possession of timber or other forest products without legal documents as required
under existing forest laws and regulations (P.D 705, Sec. 68). The penalty is
imprisonment of 2-20 years depending on the value of timber possessed.
 Unlawful occupation or destruction of forest lands. The penalty consist of fine
ranging from P5,000.00 to P20,000.00 and imprisonment ranging from 6 months to
2 years, and payment of 10 times the rental fees and other charges which would
have accrued (P.D. 705, Sec. 69).
Pollution Control
 Throwing, running, draining, or disposing into any of the water, air and/ or land
resources any organism or inorganic matter or any substance in gaseous or liquid
form that shall cause pollution (P.D. 984, Sec. 8). The penalty consist of fine of
P200.00 to P5, 000.00 per day during which the violation continues or
imprisonment from 1 month to 6 years or both.
 Throwing, discharging, disposing, dumping from manufacturing establishment or
mill, any refuse matter other than the flowing from streets and sewers (P.D. 979.
Sec.4 [b]). Penalty for violation is imprisonment of 30 days -1 year or a fine of
P200.00 to P1, 000.00 or both.
 Disposing material of any kind in any place on the bank of any navigable river (P.D.
979, Sec.4[c]). Penalty for violation is imprisonment of 30 days – 1 year or a fine of
P200.00 to P1, 000.00 or both.
Environmental Protection
 Operating any environmentally critical project or area without securing an
Environmental Compliance Certificate (ECC) (P.D. 1586, Secs. 4 and 9). Penalty is a
fine of P50,000.00
 Violation of terms and conditions in the issuance of ECC (P.D. 1586, Sec. 9). Penalty
is fine of P50, 000.00 for every violation.
Toxic Substance and Hazardous Wastes
 Knowingly use of a chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of R.A. 6969 and its rules and
regulations (R.A. 6969, Sec. 13 [a]). Penalty is imprisonment of 6 months and 1 day
and fine of P600.00 to P4, 000.00.
 Failure or refusal to submit reports, notices or other information, access to records
or permit inspection of establishment where chemical use are manufactured,
processed, stored or held (R.A. 6969, Sec. 13 [b]). Penalty is imprisonment of six
months and 1 day to 6 years and 1 day and fine of P600.00 to P4, 000.00.
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 Failure or refusal to comply with pre-manufacture and pre-importation requirements
(R.A. 6969, Sec. 13 [c]). Penalty is imprisonment of six months and 1 day to six
years and 1 day and fine of P600.00 to P4, 000.00.
 Storage, importation or buying into Philippine territory any amount of hazardous
and nuclear wastes (R.A. 6969, Sec. 13 [d]). Penalty is imprisonment of 12 years 1
day to 20 years.
Protected Areas
 Hunting, destroying, disturbing, or mere possession of any plants or animals or
products derived from protected areas without a permit (R.A. 7586, Sec. 20 [a]).
 Dumping of any waste products detrimental to the protected area, to the plants and
animals or inhabitants therein (RA 7586, Sec. 20[b]).
 Use of equipment within protected areas without a permit (R.A. 7586, Sec.20 [c]).
 Mutilating, defacing or destroying objects of natural beauty, or objects of interest to
cultural communities (RA 7586, Sec. 20[d]).
 Damaging and leaving roads and trails in protected areas in damaged condition (RA
7586, Sec. 20[e]).
 Squatting, mineral locating or otherwise occupying land in protected areas (RA
7586, Sec. 20 [f]).
 Constructing and maintaining any kind of structure, fence or enclosures conducting
any business enterprise in protected areas without a permit (RA 7586, Sec. 20[g]).
 Altering, removing, destroying or defacing boundary marks or signs within
protected areas (RA 7586, Sec.20 [h]).
The penalty for the commission of any of the above acts is fine of P5, 000.00 to
P50, 000.00 exclusive of the value of the thing damaged, or imprisonment of 1-6 years, or
both.
Section 107. “Polluter Pay” Principle. Consistent with the powers expressly bestowed to
the LGUs by the State in ensuring the wholesomeness of the environment for long term
economic benefits, it shall promulgate appropriate penal provisions against pollution and
degradation of land resources. The basic policy to be adopted is the imposition of a
polluter-pay scheme where polluters and resource users found to have inflicted adverse
damages to the land or to the ecological processes dependent on it shall be required to
pay the costs of rehabilitation for such damage or to undertake the corrective measures
themselves. Such a principle, however, does not preclude the polluter from undertaking
measures to prevent further occurrence of the damaging offshoot of their operation, and
the LGU shall reserve the right to withdraw, cancel or prevent them from further pursuing
their activities.
Section 108. Fiscal Regime. The application by the local government of any tax measure
on land use within the limits of the rights granted to them by the national laws shall also
be in consideration of the maintenance of ecological balance. Significant portions of
revenues accruing from such fiscal measures therefore, shall be properly channeled to the
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implementation of provisions of the local environment code, Particularly in the
maintenance of administrative and enforcement costs, in the development of technical
capabilities, and in the establishment or procurement of equipment, information and
facilities for environmental monitoring and rehabilitation.
Section 109. Administrative Sanctions. The LGU shall also impose sanctions, other than
penal ones, for violation of local ordinances. The authority to impose administrative
sanctions proceeds from the management and regulatory functions of the LGUs. They may
come in the form of refusal of local permits, suspension or cancellation of such permits,
declaration and abatement of nuisance, or payment of the cost of rehabilitation of polluted
or damaged areas and resources. The last mentioned sanction, an adoption of the
“polluters pay principle”, could be made a strict condition for the issuance or renewal of
local permits and licenses.
Section 110. Separability Clause. In the event that any section, paragraph, sentence,
clause, or word of this Code is declared invalid for any reason, other provisions thereof
shall not be affected thereby.
Section 111. Repealing Clause. All ordinances, as well as pertinent rules and regulations
thereof, which are inconsistent with the provisions of this Code are hereby repealed or
amended accordingly.
Section 112. Effectivity. This Code shall be deemed effective upon approval.
On motion of SB Member Francisco Tacadao and seconded by SB Members Pedro
C. Tagabi, Arlynn L. Tacsagon, Arturo Taniñas, Eugenio Tamises and Danilo Escobañez,
the foregoing Ordinance was ADOPTED.
Adopted during the regular session held at the Sangguniang Bayan Session Hall on
September 8, 2009.
----------------------------------------------------------------------------------------------------------I hereby certify to the correctness of the above-quoted ordinance.
JULIETA T. TANIÑAS
Secretary to the Sangguniang Bayan
CONCURRED:
JOB T. ARANDA
Vice-Mayor, Presiding Officer
APPROVED:
VICTOR T. TABAQUIRAO
Municipal Mayor
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