mindanao daily news (february 23, 2013 issue)
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Mindanao Daily News (February 23, 2013 Issue)TRANSCRIPT
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New media group to help mitigate calamity risks
MinPressDev General Assembly, February 22, 2013. Media Practicioners, Public Informations Officers, PNP and Armed Forces of the Philippines information officers from different parts of Mindanao gather together for first ever general assembly of the Mindanao Press Alliance for Sustainable Development at the Kamagong Hall of Pryce Plaza Hotel. In the photo is the lead convener of MinPressDev (Standing 7th from left) Editor-in-Chief of Mindanao STAR Daily - Joe del Puerto Felicilda, together with co-conveners Arjay Felicilda (Standing far left) of Mindanao Daily News, Ruffy Magbanua (Standing 8th from left) of A Brown Company, Inc., Dante Sudaria (Standing 9th from left) CEO of BusinessWeek Mindanao Advertising & Promotions, Shaun Alejandrae Yap Uy Editor-in-Chief of the Cagayan de Oro TIMEs (Standing far right). Pryce Plaza Hotel General Manager and MinPressDev Co-convener Ped Quiam-jot (not in the photo) was also present during the assembly. Also in the photo are the participants and board of directors of the newly founded Mindanao Press Alliance for Sustainable Development. Photo by Rolando Sudaria
By Cheng OrdOnezof Mindanao Daily News
THE Mindanao Develop-ment Authority (MinDA) has vowed to involve the members of the newly-or-ganized Mindanao Press Alliance for Development (MinPressDev) in the gov-ernment’s effort to prepare for the so-called “new nor-mal” situations, referring to disasters and calamities that Mindanao was not used to having, but are becoming regular occurrences these days.
MinDA Development Management Officer V THE Mindanao Development Authority (MinDA) Development Management Officer V Olie Dagala (left) vows to involve the members of the newly-organized
Mindanao Press Alliance for Development (MinPressDev) while Atty. Rene K. Burdeos (right) of the Department of Interior and Local Government (DILG), Region 10 speaks on the local governance.
NOTICE
NOTICE is hereby given that the estate of MARIETTA P. CASTRO, who died intestate in Butuan City, Agusan del Norte on September 19, 1993, consisting of a parcel of land (Lot No. 1, F-13-000460-D) situated in Buhangin, Butuan City covered by Katibayan ng Orihinal na Titulo Blg. 6180 containing an area of 2,373 square meters, is the subject of an EXTRA-JUDICIAL SETTLE-MENT AMONG THE HEIRS OF THE LATE MARIETTA P. CASTRO made and entered into by deceased Marietta P. Castro’s children and only surviving legal heirs, namely, Eleuterio P. Castro, Jr., Mari-lyn Castro-Valenzuela, and Joseph Castro, per Doc. No. 156; Page No. 16; Book No. LXXXIX; Series of 2013 of the Notarial Registry of Atty. Richard L. Lamigo, Notary Public for and in the City of Butuan.
MDN: FEB. 16,23 & March 3 2013
DEED OF EXTRA-JUDICIAL SETTLEMENT OF PORTION OF SHARE OF ESTATE WITH SALE
Notice is hereby given that the intestate estate of the Late VICTO-RIANO CLAUDEL, who died intestate on January 11, 1992, in Quibonbon, El Salvador, Misamis Oriental, upon his death left a parcel of land, which have been inherited by his surviving children and which parcel of land inherited have been partitioned and subdivided by them and each one of these heirs have their own respec-tive share as could be shown by the Subdivision Sketch Plan to which their share are indicated therein, and said parcel of land is particularly described as follows, to wit; “A parcel of land situated at Quibonbon, El Salvador, Misamis Oriental, containing an area of 2,025 square meters, more or less, base in the tax Declaration, however, when actually surveyed it has an area of 3,621 square meters, more or less, under Cad Lot No. 11744-Cad 237. That the share per Subdivision Sketch Plan, of herein VENDOR Albino M. Claudel is located in the South Western part of the land and it is particularly described and bounded as follows to wit; On the North by Remaining part, share of Cenon M. Claudel; on the South by Lot 11691 or Lot 024; on the East by share of Trinidad C. Saplot or Remaining part; on the West by Lot 004; containing an area of 335 square meters, more or less is the subject of DEED OF EXTRA-JUDICIAL SETTLEMENT OF PORTION OF SHARE OF ESTATE WITH SALE made and executed by and between; ALBINO M. CLAUDEL, of legal age, Filipino citizen, married, and resident of Dicklum, Manolo Fortich, Bukidnon, Philippines, hereinafter called the VENDOR; and MANASIS CLAUDEL, likewise of legal age, Filipino citizen, married to Elaine Joy G. Claudel, and resident of Quibonbon, El Salvador, Misamis Oriental, Philippines, herein-after referred to as VENDEE. For and in consideration of the sum of FIVE THOUSAND PESOS (P5,000.00) Philippine currency, paid in cash by the VENDEE unto the VENDOR, as per Doc. No. 360; Page No. 73; Book No. 47; Series of 2003, under Notary Public of ATTY. DAMASO P. TUBELLEJA.
MDN: FEB. 23, MARCH 2 & 9, 2013
Republic of the PhilippineLocal Civil Registry Office
Province of Misamis OrientalMUNICIPALITY OF CLAVERIA
OFFICE OF THE MUNICIPAL CIVIL REGISTRAR
NOTICE FOR PUBLICATION
In compliance with Section 7 of R.A. No. 10172, a notice is hereby served to the public that ZOTICA GALENDEZ PAGULONG – PONCE has filed with this Office a Petition for Correction of Clerical Error in her DATE OF BIRTH from “JANUARY 1, 1958” to “JANUARY 12, 1958” in the Certificate of Live Birth of JOTICA GALENDEZ PAGALONG who was born on JANUARY 12, 1958 at CLAVERIA, MISAMIS ORIENTAL and whose parents are GERONIMO PAGULONG and DOROTEA PAGARAN GALENDEZ.
Any person adversely affected by said petition may file his/her writer op-position with this Office not later than MARCH 4, 2013.
(SGD.) ANNA VICTORIA A. EVANGELISTA Municipal Civil RegistrarMDN: Feb. 23 & Mar. 2, 2013
Media...from page 1
Dagala told members of the media, information officers and civil military operation officers who at-tended the 1st MinPressDev Assembly held on February 22, 2013, at the Kamagong Hall, Pryce Plaza, at Car-men Hills, Cagayan de Oro City, that he sees potential partnership between the Mindanao Communicators Network (MindaComNEt) and the MinPressDev.
“This (MinPressDev) is the kind of media organiza-tion we have been looking for and we see a possible tie-up here on matters of information coordination,
SATURdAy-SUNdAy | FEBRUARy 23-24, 20132
www.mindanaodailybalita.com
Editorial department. : [email protected] department : [email protected]
especially in times of di-sasters and calamities or in what is now called “new normal” that are affecting our lives here in Mindanao,” Dagala said.
Dagala said that forging an inter-partnership is also very useful in achieving “value-chain” and “supply chain” for purposes of attain-ing sustainable development among regions.
Dagala particularly an-nounced the government’s effort to develop Mindanao via the “East-West Lateral” against the old integration scheme for Mindanao proj-ects using “Circumferential Planning.”
Formerly known as MEDCo, MinDA, which
was created by virtue of RA 9996, will establish an Area Management Office here in Cagayan de Oro to look after developments here in Northern Mindanao and the Autonomous Re-gion in Muslim Mindanao (ARMM).
“Mindanao needs a per-manent agency that inte-grates Mindanao’s agenda and effectively articulates these agenda to national government priorit ies. Hence, a permanent agency that looks beyond regional concerns and integrates and harmonizes efforts at a
Mindanao-wide perspective is needed. It will also func-tion as an agency that will strengthen the participation of Philippines focus areas (Mindanao and Palawan) in the BIMP-EAGA,” Dagala explained.
Among the functions MinDA will have are the following: Formulation of an integrated development framework for Mindanao; Integrate Mindanao-wide peace & development pro-grams and projects; promote & facilitate investments; and act as the Philippine Coordinating Office for BIMP-EAGA (PCOBE).
It has as members of the board the following agen-cies: MinDA chairperson, chairpersons of the Region-al Development Councils (RDCs), representative from the Senate, chairperson of the House Committee on Mindanao Affairs, three representatives from the
private sector, Mindanao Local Chief Executive (LCE), president of the CONFED Mindanao, administrator of the SPDA, and the chair-person of the NCMF.
Among the long-term program it will advance are Mindanao 2020 Ap-proaches, which includes (a) Twin Pillars – Peace and Development; (b) Eco-systems approach; (c) Eco-nomic Integration -- both internal and external; (d) Physical Integration through infrastructure development, internally as a coherent unit and externally with links to global markets such as BIMP-EAGA, ASEAN and rest of the world; and (e) Analysis of Mindanao’s Resources -- Comparative and Competitive Advan-tages, Value-chain and sup-ply chain.
MinPressDev is an apo-litical non-sectarian and non-profit organization,
which is envisioned to cre-ate stronger network among media practitioners and information multipliers in Mindanao. Membership is open to newspaper publish-ers, editors and columnists, presidents and chairmen of media organizations, broadcast station owners and managers, program heads, news editors, and reportorial managers, as well as government and non-government information officers and on-line news administrators.
MinPressDev prime movers are Joe del Puerto Felicilda - Editor-in-Chief, Mindanao Star; Managing Editor, Mindanao Daily News; and Training Direc-tor, BWM Media Center, Cagayan de Oro City; Ped Quiamjot - General Man-ager, Pryce Plaza Hotel; and Columnist, BusinessWeek Mindanao & Mindanao Daily News, Cagayan de Oro City; Dante M. Sudar-ia : CEO, BusinessWeek Mindanao Advertising and Promotions; and Publisher/General Manager Sudaria Group of Publications, Cagayan de Oro City; Arjay S. Felicilda - News Editor, Mindanao Star; Section Editor, Mindanao News Daily, Cagayan de Oro City; Shaun Alejandrae Yap Uy - Editor-in-Chief, Cagayan de Oro Times; and Publication Manager, BWM Magazine, Cagayan de Oro City; and Rudy Magbanua – Manager, Public Affairs and Commu-nication, A Brown Company.
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SO. COTaBaTO l n. COTaBaTO l SULTan KUdaraTl Saranggani l gen. SanTOS
KORONADAL City -- A total of 119 land titles were recently awarded to residents of nearby Tan-tangan town.
Information from the regional office of the De-partment Environment and Natural Resources (DENR 12) indicated that said land parcels are located in ba-rangays Maibo, Poblacion, and Bukay Pait.
The activity, held at the municipality’s gymnasium on January 23, coincided with the kick-off of the five-day celebration of the 52nd Foundation Anniver-sary and third Kulitangtang Festival of Tantangan with the theme, “Gearing Up for Prosperity Though Peace
and Unity.” The move was in ac-
cordance with the “Handog Titulo” Program of the De-partment of Environment and Natural Resources (DENR) being implemented by the offices of Provincial ENRO Mama Samaon and Community ENRO Shali-mar Disomangcop stationed in Koronadal and Banga, respectively.
Said officials were among those who handed the land titles to the recipients.
Reynaldo Buhayan III, 27, and resident of Barangay Maibo was elated to have received his land title.
“Nalipay ako kay naba-ton ko ang titulo. Ako na gid ang tag-iya sang isa
ka lote sang duta; remem-brance ko ini sang akon mga ginikanan (I am happy because I received a title. I am now really the owner of a parcel of land; this is my remembrance from my parents),” Buhayan said.
Two other Maibo resi-dents, Perly Manzo, 42, married with three children, and Felipe Guintibano, 55, a widower with four chil-dren, both thanked the concerned offices for the titles to their lots of more than two hectares.
“Madamo gid nga sala-mat kay nabaton ko na ang dugay ko na nga ginahan-dom nga titulo sang akon duta. Amo gid ini ang una nga titulo ko sa bug-os ko
nga kabuhi (Thank you very much for giving me my long-awaited title to my land. This is my first title ever in my whole life.),” Guintibano said.
In his message, DENR 12 regional executive direc-tor Datu Tungko M. Saikol expressed hopes that with the issuance of titles, lives of the recipients and their families will improve and that the local government unit (LGU) of Tantangan will progress.
He urged the land own-ers to take care of their copies of land titles because these are valuable.
Further, the environ-ment official also advised the recipients to do their
part as responsible citizens by paying the right taxes.
He also called on the officials and the residents to take care of the environ-ment.
“Nawa’y magkaisa tay-ong lahat upang kasabay sa pag-asenso ng bayan at nga mamamayan ay panga-lagaan natin ang kapaligi-ran,” (May we be all united so that with the progress of the municipality and its residents comes the protec-tion of the environment),” Saikol said.
Under the Handog Ti-tulo program, legal occu-pants are issued land titles to confirm ownership in accordance with the public land law.
The program is being implemented consistent with the goals of the gov-ernment’s Comprehensive Agrarian Reform Program (CARP) to improve the lives of farmers and their families
With land titles, farm-ers’s claims over their land is also protected form other claimants because without the document, the land they till would remain public domain.
Tantangan is a third class municipality of South Cotabato located some 14 kilometers northwest of Koronadal City, the seat of Region 12. (DED-PIA 12/MCalungsod-Locsin/DENR 12/asf)
DENR awards 119 land titles in South Cotabato
By Danilo E. Doguiles
KORONADAL City - In a move to improve the management of South Cotabato’s forests, a total of 21 technical staff from the province’s local gov-ernment units attended the workshop called by the Department of En-vironment and Natural Resources (DENR) on the development of forest land use plans (FLUP).
“The Forest Land Use Plan will serve as your plan to improve your forest resources to become more productive, which will in turn provide economic benefits to your constitu-ents. However, there is a need to harmonize your actions and plans with the DENR so that our plan would be more compre-hensive,” Forest Resources Development Division (FRDD) chief Mamutur D. Cariga told the par-
DENR assists LGUs in forest land use planning.
KORONADAL City - “This city deserves a national award,” said Regional Ex-ecutive Director (RED) Datu Tungko M. Saikol.The city had to be recognized for its initiative to sustain its tree growing program, which was a big help to strengthen the National Greening Program, he added.
He also wished that all local government units would follow suit and embark on the same initiative.
Saikol gave this statement when he was asked about DENR XII’s willingness in helping the city by providing seedlings for the upcoming Tree Growing Festival on June 29, 2013, the third stretch of the city’s program which started in 2011.
The National Greening Program (NGP) is embodied in an Executive Order 26 signed by President Benigno S. Aquino, Jr., seeking to plant
some 1.5 billion trees cover-ing about 1.5 million hectares for a period of six (6) years from 2011 to 2016 in lands of public domain.
The City Environment and Natural Resources Of-fice, headed by Mr. Augustus Bretana, was also commended for being active in apprehend-ing illegal cutting of trees and as well as in filing of cases against culpable violators.
Moreover, DENR-12 also manifested its support to strengthen eco-tourism programs of LGUs like the City of Koronadal’s Siok Eco-adventure area in B/Mabini & B/Cacub. Saikol suggested that all local government units (LGUs) should identify their own eco-tourism sites and make plans for development. DENR, on the other hand, would be ready to provide assistance to help the LGUs in the project implementation. (web/jdelpf)
Koronadal deserves national
award - DeNr 12
ticipants from the city government of Koronadal and the municipalities of Tupi and Tantangan.
FLUP, according to Cariga, is an important tool in the holistic and efficient management of forest resources, adding that it is an integral activ-ity of comprehensive land use planning to determine
the optimum and balanced use of natural resources to support local, regional and national growth and development.
Fore s t e r B e nj am i n Alangca, one of the re-source speakers, said that among the technical as-sistance the DENR will be providing LGUs include the strengthening of on-
site forest management by identifying appropri-ate forest land use and tenure, clarifying tenure responsibilities, helping resolve conflicts as well as encouraging public-private sector partnership to create livelihood for communities while ensur-ing forest preservation and protection. (web/jdelpf )
MAITUM, Sarangani -- Fi-nally, the agony of holding classes either on stage or under the tree is over for the students and teachers of Wali Integrated School in Maitum, Sarangani Prov-ince.
Long clamored problems of classroom shortage and congestion of school are finally answered by the De-partment of Social Welfare and Development with the recent turnover of newly constructed 1-unit-3 class-room high school building worth P1,825,000 to the
Department of Education and Parents-Teacher As-sociation.
DSWD-12 assistant regional director Gemma Rivera led the turn-over cer-emony of the facility to local government and education officials, parents, community volunteers and beneficiary-students of the project that will help improve the quality of education of the school.
“The newly constructed school building is a symbol of our collaboration for better future of the young generation” Rivera said in
his message.“Unlike before, rain or shine, learning will be hampered no more and indeed, your new classrooms are conducive for learning for everyone,” she added.
Wali, which already ex-isted for more than 50 years was elevated to integrated school status in 2010 with only three considered func-tional buildings to cater the increasing number of enrolment every year.
One of the buildings had reportedly collapsed during an earthquake and was de-clared dangerous to school
children by the provincial government.
The two other build-ings were also found to be termite-infested and are also of danger to collapse, anytime.
This is the second time that Wali Integrated School benefited the school proj-ect of the DSWD through the Kapit-Bisig Laban sa Kahirapan-Comprehensive and Integrated Delivery Social Services (Kalahi-CIDSS), a community –driven development project which empowers individuals
by involving them in the identification and giving addressing to the problems of the community.
In 2011, the DSWD in-augurated a 1 unit-3 class-room building amounting to P1,839,603.19.
Meanwhile, DSWD 12 reported that five more 3 classroom buildings in dif-ferent barangays of Maitum are expected to be completed by March 2013.
By second quarter of the year, six school buildings and one day care center worth P11.7 million will be
constructed under Kalahi-CIDSS Project funded by Australian Agency for In-ternational Development.
“Kalahi-CIDSS school building projects is a sup-ply side of our Pantawid Pamilyang Pilipino Program or 4Ps,” Rivera said.
“Enrolment increases every year, thus, we need more school buildings with the guarantee of safe and protected spaces and classrooms for our school children”. (DEDoguiles-PIA 12/Hilbert Estacion, DSWD-12/asf)
DSWD-12 turns over P1.8m school building in Sarangani
SATURdAy-SUNdAy | FEBRUARy 23-24, 2013 5Editorial. : [email protected] Advertising : [email protected]
Republic of the Philippines SUPREME COURT
4th SHARFA CIRCUIT COURT 4sh Shari’a Judicial District
lligan City
IN THE MATTFR OF JOINT PETITION TOAPPROVE ANT) REG ISTER THE DIVORCE CIVIL CASE NO. 2013-015BETWEEN SPOUSES DANILO S. ALBERCA AND LEA P. BOLANDO-ALBERCA,
DANILO S. ALBERCA AND LEA P BOLANDO-ALBERCA, Petitioners,x-----------------------------------------------------------------------/
ORDER
Before this court is verified Joint Petition for the approval and Registration of the Divorce filed by their counsel and alleging among others: That petitioners are husband and wife, respectively, in a marriage performed under Civil rites on December 1, 2005 at Kidapawan City, they converted to Islam faith, of which conversions to Islam were Registered with this court both of them can be served with summons and notices at Iligan City c/o Atty. Paul Zaide, 2nd floor, Pafs Mejia Bldg., Roxas Avenue, lligan City. Thai said marriage did not last long, due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for over five (5) years now, since early part of 2008 they decide to live physically in bed and board thereby executed Divorce Agreement in order to formalize their separation; since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other’s affairs; petitioner’s seek judicial decree of divorce thereby surviving their marriage bond on December 1, 2005 so that they will have free hand to do what a single man or woman could do without marital burden, reconciliation between them had already been diligently employed but all proved futile. WHEREFORE, finding this joint petition to be sufficient Inform and substance set the initial hearing of this case on February 27, 2013 at 9:00 a.m. at which time, date and place, any inter-ested party may appear and show why the petition should not be granted. Let copy of this Order be published in a news paper of General Circulation in the City of Iligan one week for three (3) consecutive weeks at the expense of the petitioners. SO ORDRRFD. Iligan City, Philippines, this 7th day of February, 2013.
HON. OSOP M. ALI Presiding JudgeMDN: Feb. 9, 16 & 23, 2013
Republic of the Philippines SUPREME COURT
4th SHARI’A CIRCUIT COURT 4th Shari’a Judicial District
Iligan City
IN RE: PETITION TO APPROVE ANDREGISTER THE DIVORCE BETWEEN CIVIL CASE NO. 2013-013SPOUSES NEMESIO B. TANTAN ANDHANNAH I. AGUILAR,
NEMESIO B. TANTAN AND HANNAH T. AGUILAR, Petitioners.x-------------------------------------------------------------/
ORDER
Before this court is verified Petition for the approval and Registration of the Divorce filed by their counsels and alleging among others: That petitioners are husband and wife, respectively, in a marriage performed under civil rites on May 18, 1996 at Molave, Zamboanga del Sur, they converted to Islam faith of which conversions to Islam were Registered with this court both of them can be served with summons and notices at Iligan City or c/o Zaide Law Office, 2nd floor, Pafs Mejia Bldg., Roxas Avenue, Iligan City. That marriage did not last long, due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for many years already, they decide to live physically in bed and board thereby executed Divorce Agreement in order to formalize their separation; since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other’s affairs; petitioner’s seek judicial decree of divorce thereby severing their marriage bond on May 18, 1996 so that they will have free hand to do what a single man or woman could do without marital burden reconciliation between them had already been diligently employed but all proved futile. WHEREFORE, finding this joint petition to be sufficient Inform and substance set the initial hearing of this case on February 27, 2013 at 9:00 a.m. at which time, date and place, any inter-ested party may appear and show why the petition should not be granted. Let copy of this Order be published in a news paper of General Circulation in the City of Iligan one week for three (3) consecutive weeks at the expense of the petitioners. SO ORDERED. Iligan City, Philippines, this 5th day of February, 2013.
HON. OSOP M. ALI Presiding JudgeMDN: Feb. 9, 16 & 23, 2013
Republic of the Philippines SUPREME COURT
4th SHARTA CIRCUIT COURT4th Shari’a Judicial District
Iligan City
IN RE: PETITION TO APPROVE ANDREGISTER THE DIVORCE BETWEEN CIVIL CASE NO. 2013-014SPOUSES NEMENCIO S. DIMAPILIS AND URIFICATION D. BUNAYOG,
NEMENCIO S. DIMAPILIS AND PURIFICATION D. BUNAYOG. PetitionersX-----------------------------------------/
ORDER
Before this court is verified Petition for the approval and Registration of the Divorce filed by the petitioners and alleging among others: That petitioners are husband and wife, respectively, in a marriage performed under civil rites on June 8, 1978 at Corpus Christi, Tubod, Iligan City, they converted to Islam faith, of which conversions to Islam were registered with this court, both of them can be served with summons and notices at Sabang, Magallanes, Cavite and Tambis St., Bara-as, Iligan City respectively. That said marriage did not last long, due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for many years already they decide to live physically in bed and board thereby executed Divorce Agreement in order to formalize their separation; since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other’s affairs; petitioner’s seek judicial decree of divorce thereby severing their marriage bond on June 8, 1978, so that they will have free hand to do what a single man or woman could do without marital burden, reconciliation between them had already been diligently employed but all proved futile. WHEREFORE, finding this joint petition to be sufficient Inform and substance set the initial hearing of this case on February 27, 2013 at 9:00 a.m. at which time, date and place, any inter-ested party may appear and show why the petition should not be granted. Let copy of this Order be published in a news paper of General Circulation in the City of Iligan one week for three (3) consecutive weeks at the expense of the petitioners. SO ORDERED. Iligan City, Philippines, this 5th day of February, 2013.
HON. OSOP M. ALI Presiding JudgeMDN: Feb. 9, 16 & 23, 2013
Republic of the PhilippinesSUPREME COURT
4th SHARI’A CIRCUIT COURT4th Shari’a Judicial District
Iligan City
GENEVIEVE S. GANTFS, Petitioner, Civil Case No.2013-010 For: “Divorce by Faskh” - Versus - (Judicial Decree of Divorce).
FARSHAD ALAM RATAG. Respondent.X----------------------------------/
ORDER
On January 23, 2013 acting on the Petitioner’s urgent Ex-parte Motion for Leave of Court to effect service of summons by publication therein that an order be issued allowing the petitioner to effect service of summons by publication to respondent FARZHAD ALAM RATAG. pursuant to the Rules of Court being suppletory to the Special Rules of Procedures in Sharia Courts, in view of the failure of the Process Server of this Court to effect personal service of summons on the ground that said respondent is not anymore residing in the given address, nor anybody residing in the address mentioned in the petition is his whereabouts if ever he transferred his residence. WHEREFORE, premises considered, petitioner’s urgent ex-parte motion for leave of court to effect service of summons by publication to respondent, FARZHAD ALAM RATAG, is hereby granted Thus, petitioner is allowed to cause the service of summons to said respondent by publica-tion, in any newspapers of general circulation in three (3) consecutive weeks, at the expense of the petitioner, of this order, and the summons/notice in which case petitioner shall send a copy of this Order, the summons/notice and the petition by registered mail to the last known address of the said respondent, and is directed to show proofs thereof. SO ORDERED. Iligan City, Philippines, February 7, 2013.
HON. OSOP M. ALI Presiding JudgeMDN: Feb. 9, 16 & 23, 2013
Republic of the Philippines SUPREME COURT
4th SHARI’A CIRCUIT COURT4th Shari’a Judicial District
Iligan CityGENEVIEVE S. GANTES. Petitioner, Civil Case No. 2013-010 - Versus - For: Divorce by Faskh (Judicial Decree of Divorce)FARZHAD ALAM RATAG. Respondent.X----------------------------------/
SUMMONSBY PUBLICATION
TO FARZHAD ALAM RATAG Jolo, Sulo
GREETINGS:
WHEREAS, on February 7, 2013, this Court issued an order directing the petitioner to effect service of summons by publications upon respondent FARZHAD A.LAM RATAG in a newspaper of general circulation in this city, one a week for 3 consecutive weeks at the expense of herein petitioner; WHEREAS both parties are Muslims and husband and wife married on August 18, 2011 at Abu Dhabi U.E.A. which marriage was duly registered at Philippine Embassy Abu Dhabi. U. E. A. WHEREAS, petitioner filed this petition against the respondent for violation of Art 52 of P. D. 1083 or the Muslim Code; WHEREAS, That respondent in the late 2012 separated from the Petitioner and right from that time no communication whatsoever took place between them and hence, the herein petitioner is compelled to pursue divorce against him, and since then no support is given by the former to the latter. NOW, THEREFORE, you respondent FARZHAD ALAM RATAG is hereby summoned and required to file with this Court within 15 days from the last date of the Publication of this sum-mons, your comment/answer to the petition furnish copy to the Petitioner care of Atty. Eutiquio M. Fudolin, Jr., No. 2 Jasmin San Sebastian Street, Bacolod City You are reminded of IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002 to observe restrained in filing a motion to dismiss and instead allege the grounds thereof as defenses in the answer/comment. Should you fail to answer/comment to the petition within the aforesaid period, the court shall proceed to receive the evidences ex-parte upon which judgment shall be rendered on the same petition. Iligan City, Lanao del Norte, Philippines. February 8, 2013. NASRODING A. ALI Clerk of CourtMDN: Feb. 9, 16 & 23, 2013
Republic of the Philippines FOURTH SHARP A CIRCUIT COURT
Fourth Shari’a Judicial District lligan City
OLIVIA GALABO VIRTUCIO, Civil Case No. 2013-006 Petitioner -versus- FOR: JUDICIAL DECREE OF DIVORCE
ALBERTO N. VIRTUCIO, JR. Respondent,x--------------------------------------/
ORDER
On February 1, 2013, this Court received petitioner’s Urgent Ex-parte Motion (for leave of court to effect service of Summons/Notice by Publication), praying therein that an order be issued allowing the petitioner to effect service of summons/notice by publication to respondent ALBERTO N. VIRTUCIO, JR., pursuant to the Rules of Court being suppletory to the Special procedures in Shari’a Courts, in view of the failure of the process server of this Court to effect personal service of summons/notice on the ground that said respondent is no longer residing in the address mentioned in the petition and his whereabouts is not known to the community in Tal-ot, Barili, Cebu, if ever he transferred his residence. WHEREFORE, premises considered, petitioner’s Urgent Ex-parte Motion for Leave of Court to effect service of summons by publication to respondent (petitioner’s- husband ALBERTO N. VIRTUCIO, JR.), is hereby granted Thus, petitioner is allowed to cause the service of summons/notice to his said wife by publication in any local newspapers of general circulation, of this order and the summons/notice in which case petitioner shall send a copy of this Order, the summons/notice and the petition by registered mail to the last known address of the said respondent, and is directed to show proofs thereof. SO ORDERED. Iligan City, Philippines, February 5, 2013.
HON. OSOP M. ALI Presiding Judge
MDN: Feb. 9, 16 & 23, 2013
NOTICE TO THE PUBLIC
CCE-0004-2013 RA No. 10172 Date: February 12, 2013
In Compliance with the publication requirement and pursuant to OCRG Memorandum Circular No. 2013-1 Guidelines in the Imple-mentation of the Administration Order No. 1 Series of 2012 (IRR on R.A. 10172), Notice is hereby served to the public that CERILA GALASANAY CABILLON has filed with this Office, a petition for Correction of Entry in sex from “FEMALE” to “MALE” in the certificate of live birth of JEMVIE GALASANAY CABILLON at Laguindingan, Misamis Oriental and whose parents are RODOLFO GAID CABILLON and CERILA CABASA GALASANAY. Any person adversely affected by said petition may file his written opposition with this Office not later than March 6, 2013.
(SGD.) MA. TERESA R. CAYLO Municipal Civil Registrar (Signature over printed name of the C/MCR)
MDN: Feb. 9, 16 & 23, 2013
Republic of the PhilippinesFOURTH SHARI’A CIRCUIT COURT
Fourth Shari’a Judicial District Iligan City
OLIVIA GALABO VIRTUCIO, Civil Case No. 2013-006 Petitioner -versus- FOR: JUDICIAL DECREE OF DIVORCE
ALBERTO N. VIRTUCIO, JR. Respondent,x---------------------------------------/
SUMMONS BY PUBLICATION
TO: ALBERTO N. VIRTUCIO, JR. C/O ALBERTO “BERTTNG” VIRTUCIO, SR. Tal-ot, Barili, Cebu
GREETINGS:
You are hereby required to appear or file within ten (10) days from the date of publication of this summons/notice, either personally or through counsel with this Court at 2nd Floor, Nancy Ali Building, Camague Highway, Tom as Cabili, Iligan City (infront of Seal Oil Gas Station). Your answer-/comment to the petition filed by your wife (Olivia Galabo Virtucio) which in substance he prays for a grant to enter into a subsequent marriage. You are hereby required to serve a copy of your answer/comment upon the petitioner’s address c/o Atty. Hernan R. Tabalba, Tibanga Highway, Iligan City. You are reminded of the provision in the IBP-OCA Memorandum on Policy Guidelines dated Match 12, 2002 to observe restraint in tiling a motion to dismiss and instead allege the grounds thereof as defenses in the answers. Should you fail to come personally or through a representative or file your answer to the petition within the aforesaid period, the court shall proceed to receive the evidence ex-parte upon which judgement shall be rendered. Iligan City, February 5, 2013.
NASRODING A. ALI Clerk of Court
MDN: Feb. 9, 16 & 23, 2013
Congressman Rufus B. Ro-driguez of the 2nd District of Cagayan de Oro City was recently awarded as one of the Twenty Outstanding Congressman of 2012 by Superbrands Marketing International Inc.(SMI) during a ceremony last February 6, 2013 at the Mandarin Hotel in Makati City.
SMI, a publ ishing company engaged in the awards-presentation of consumer products and services and is the global brand arbiter all over the world, represented in more than 80 countries with close to 12,000 brands awarded, has undertaken this annual presentation of awards with the objective of promoting the work of our Represen-tatives and their efforts toward nation building. It also aims to educate and inform the public of what the awardees have done and it also hopes that the award will encourage the recipients to continue their work and inspire others to do the same.
Superbrands is a presti-gious international brand name and polling outfit. In each country that it
Congressman Rufus B. Rodriguez awarded as Outstanding Congressman for 2012 by Superbrands
operates in, it elects a Su-perbrands Council usually comprised of industry ex-perts and practitioners that selects the top brands and personalities under various categories.
Also, last June 2012, Rep. Rodriguez was awarded by the Publishers Association of the Philippines, Inc., a 38 year old organization, as one of the Ten Most Outstanding Congress-men of the Philippines, the awarding ceremony of which was held last June 23, 2012 at the Makati Sports Club. This award is given to House Members who “con-sistently showed impressive
legislative acumen through sponsorship of important bills geared towards na-
tional developments, al-leviation of people’s social and economic conditions and spur growth in the countryside”.
The awards were given to Representatives based on his/her work as leg-islators. They take into consideration the number of bills filed, the number of bills that have become laws, the projects put into place in his/her district and recognition by his/her constituents.
Rep. Rodriguez, for the 15th Congress, ranks first among the 285 members in terms of filing the most number of bills and reso-
lutions with 1090 and he also ranks first in terms of having the most bills which he either authored or co-authored that have become Republic Acts which at present stand at 31, with a few more addition once the President signs them into law.
He also initiated a HEED Program in the 2nd District of Cagayan de Oro City. H is for health, E for Education, E for employ-ment/livelihood and D for
development of infrastruc-tures. His HEED Program includes medical assistance to indigent patients at the Northern Mindanao Medi-cal Center and St. Ignatius Clinic; medical and dental missions and bloodlet-ting programs; academic and technical/vocational scholarships; employment and livelihood funds and promotion; and the con-struction of roads, bridges, drainages, school buildings and day care centers.
The miNDaNao Daily NeWS (mDN) news-paper is published daily at Door 2, Tanleh Building, Abel-lanosa St., Brgy. Consolacion, Cagayan de Oro City. It is
registered with the Department of Trade and Industry (DTI), Region 10 with Certififcate No. 01791042, and with
Business Permit No. 02275, TIN No. 209-980-927Tel. Nos: (088) 856-3344, (08822)72-33-44, Cell nos.: 0917-7121424, 0947-8935776
Website: www.businessweekmindanao.comE-mail: [email protected],
MINDANAO DAILY NEWSPublisher
www.mindanaodailybalita.com
ALLAN M. MEDIANTEEditor-in-Chief
CRIS DIAZAssociate Editor
SHAUN ALEJANDRAE UYSports & Lifestyle Editor
BEN ARCHERegional Editor-DAVAO
pAT SAMoNTERegional Editor-Caraga
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URIEL C. QUILINgUINg Editorial Consultant
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Sta. Ana Manila
RURAL pRESS CoMM. REp. INC. 3055 Tolentino Cor. Balabac Sts.
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6 SATURdAy-SUNdAy | FEBRUARy 23-24, 2013
Editor: RUEL V. PELONE Email: [email protected]. : [email protected] • Advertising : [email protected]
Opinion
Think a minute
Jhan Tiafau hurst
THINK a minute.You’ve heard of people
who try to raise their stan-dard of living at almost any cost. They’ll go without many things to get a higher education, hoping it will later get them a higher-paying job and career. Some even move their family to another country to raise their standard of living.
Still others will only let their children marry someone whose standard of living is the same or higher than theirs.
Many of us spend much of our life working to raise our standard of living in terms of money and status. Then when we finally reach the standard of living we want, we still have to work hard to make sure we stay there!
But there are people whose standard of living never changes, whether they have a lot of money or not. They always enjoy
Raise your standard of living
a high standard of living in their own character and daily lifestyle. They’re al-ways honest, loving, and kind.
They’re quick to forgive others who wrong and hurt them. They’re in control of their physical desires for pleasure, so they al-ways have great fun in life without hurting their own bodies or other people. They enjoy real happiness and closeness every day in their marriage and with their kids.
You see, the kind of person we are inside is what gives us our real standard of
living, not material things or status!
So what kind of char-acter and daily lifestyle do you have? What kind of marriage and family do you have? What kind of friends?
There are many people who have heaps of money and status, but they have a low standard of living, because of the low level of their own personal char-acter.
T h e y ’re d i s h on e s t , greedy, competitive, and jealous of what other people have. They gossip and use people to get what they
want.They don’t have much
love and forgiveness in their heart for people who wrong and hurt them.
There are heaps of rich people who do not possess real love, peace, and satis-faction in their marriage and family!
This is why our Maker is the only One Who can give us the power, honesty, and love we need to raise our standard of living by raising the level of our character.
It’s only when we ask Je-sus Christ to start changing us that we can start enjoy-ing a truly high standard of living.
So why not ask Jesus to take complete charge of your heart and way of living? It’s only then you can start climbing the lad-der of REAL success and satisfaction for the rest of your life.
Just Think a Minute.
The newgeneration
alex a. Podador
MATTHEW 7:13-14 : “Enter through the narrow gate. For wide is the gate and broad is the road that leads to destruction, and many enter through it. 14 But small is the gate and narrow the road that leads to life, and only a few find it.
Jesus is described here as the narrow gate. Jesus says that “small is the gate and narrow the road that leads to life, and only a few find it.
What exactly is meant by this? Just how many are the many and how few are the few?
The Bible teaches us that there is no other way to heaven because He alone is “the way, the truth and
The narrow gate
the life” (John 14:6).Many people will at-
tempt to find an alternative way to God. They will try to get there through man-made rules and regulations, through false religion, and practices.
While there will surely few who go through the narrow gate, compared to
the many on the broad road, there will still be multitudes who will follow the Jesus
Going through the nar-row gate is not easy. Jesus made this clear. No amount of effort saves us; salvation is by the grace of God through the gift of faith (Ephesians 2:8-9).
No one will ever earn
heaven by doing man’s ways. But entering the narrow gate is still difficult because of the opposition of human pride, our natural love of sin, and the opposition of Satan.
What men have to do is to repent and enter the gate and not to just stand and look at it, think about it, complain that it’s too small or too difficult or unjustly narrow.
In as much as we are concerned and consider what is life after death, we should not make excuses or delays now.
If heaven is real, so is hell. Choose Jesus, choose heaven.
Aquino govt to blame for Sabah row
Kakampi mo ang batas
Atty. Batas Mauricio
LIFE’S INSPIRATIONS: “… Now if we are children, then we are heirs—heirs of God and co-heirs with Christ, if indeed we share in his sufferings in order that we may also share in his glory…” (Romans 8:17, the Holy Bible).
-ooo-AQUINO GOV’T TO
BL AME FOR SABAH STANDOFF: The Aquino government has no one else to blame except itself on the on-going Sabah standoff, because of its refusal to even talk to Sultan Jamalul Kiram III, the reigning sultan of the Sultanate of Sulu and North Borneo, about the Sultanate’s claim over Sabah even when Kiram went to Malacanang on October 15, 2012 and delivered a letter to President Aquino, sources close to Kiram are saying.
“It is as if the Sultan and his followers were compelled to act on their own, con-sidering that their pleas for the Aquino government to help them have been largely
ignored,” the sources told me the other day. In fact, these sources say, the President did not even want to read the letter of the Sultan, also dated October 15, 2012, in which the Sabah issue was raised, yet again.
I was furnished a copy of this letter, as well as a copy of the letter of the Sultan to then President Arroyo in 2009. I will print these letters here in our subse-quent issues, God willing, so that the perspectives of the Sultanate of Sulu and North Borneo on the Sabah claim will be understood by everyone better.
-ooo-SABAH, THE HIS-
TORICAL PERSPECTIVE:
Former Tarlac Governor Margarita “Tingting” Co-juangco, now a senatorial candidate of the United Nationalist Alliance (UNA), has a short paper detailing the history of how Sabah got ceded to the Sultan of Sulu during the mid-1600s. So everyone may know, I am publishing portions of that short paper, in the interest of historical truth, with Tingting’s permission.
Here are what Tingting wrote: “The ongoing Sabah brouhaha may yet prove to be providential, not only in securing a resolution of the long-running claim over it by the Sultanate of Sulu and North Borneo, but in achieving real and lasting
peace in Mindanao that is respected by all.
“The key, from my point of view, is understanding the factual and historical moorings of the Sabah is-sue, and determine what really took place in the past which could indubitably explain whether the Sultan-ate’s claim is genuinue or not, and whether resolving this claim as expeditiously as possible, could impact on the over-all peace and order situation in South-ern Philippines and on the economic well-being of the entire country…”
-ooo-SABAH AS A GIFT TO
SULTAN OF SULU: “In 1675, the Sultan of Bru-nei Sultan Muaddin, ceded North Borneo to the Sultan of Sulu Sultan Baktiar. The Sultan of Brunei gave this gift to the Sultan of Sulu af-ter the latter aided the Sultan of Brunei in fighting his (the Sultan of Brunei’s) cousin, Sultan Mubin. How did
BLame | page 8
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For Classified Ad ates: Pls contact 088- 856-3344, (08822) 72-3344
SATURdAy-SUNdAy | FEBRUARy 23-24, 2013 7
CAgAYAN DE oRo MAIN BRANCHP & J lim Bldg., Tiano Brothers – kalambagohan sts.,
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Camiguin Tel. # (088) 387-0491CoRRALES BRANCH Corrales Ave., Cagayan de Oro City
DIVISoRIA BRANCH atty. erasmo B. Damasing Bldg., #61 Don a. Velez st., cagayan de oro city Tel. # (088) 857-3631
LApASAN BRANCH Lapasan hi-way, Cagayan de Oro CityTel. # (088) 231-6739a
Pryce Plaza HotelCarmen Hill, CDO,
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KIMBERLITE PAWNSHOP MALAYBALAY BRANCH
Kimberlite Pawnshop will be having an AUCTION SALE on all items that expired on January 2013
EXPIRY DATE
AUCTION MONTH
2012
TAGUM
BRANCH 1
BRANCH 2
MALAYBALAY
November 2011 JANUARY 19 12 26 17
December 2011 FEBRUARY 21 14 28 16
January 2012 MARCH 20 13 29 15
February 2012 APRIL 19 12 26 17
March 2012 MAY 22 15 29 17
April 2012 JUNE 21 14 26 19
May 2012 JULY 24 12 26 19
June 2012 AUGUST 21 14 28 16
July 2012 SEPTEMBER 20 13 27 18
August 2012 OCTOBER 18 12 25 16
September 2012 NOVEMBER 20 15 27 20
October 2012 DECEMBER 11 18 18 13
KIMBERLITE PAWNSHOP
Kimberlite Pawnshop will be having its monthly AUCTION SALE with corresponding expiry dates. All items will be sold to public auction at KIMBERLITE PAWNSHOP on the following dates and venues.
ADDRESS TAGUM MAIN Door 1 Misa Bldg., Pioneer Ave., Misa District, Magugpo West, Tagum City PANABO BRANCH 1 Lot 8 Blk 22 Cor. Mabitad-Quirino Sts., Panabo City, Davao del Norte Tel. No. (084) 628-8165 PANABO BRANCH 2 Blk 10 Stall 7, Panabo Central Market Panabo City, Davao del Norte Tel. No. (084) 628-8529 MALAYBALAY BRANCH Estrada Bldg., Fortich-Don Carlos Sts., Malaybalay, Bukidnon
AUCTION DATE: MARCH 21, 2013Estrada Bldg., Fortich-Don Carlos Sts.,
Malaybalay City, Bukidnon
Editorial. : [email protected] Advertising : [email protected]
SATURdAy-SUNdAy | FEBRUARy 23-24, 20138
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SUPerTreS ii UnLeaShed: The Winning gUideLET’S PLAY LOTTO. SUPPORT PHILIPPINE CHARITY SWEEPSTAKES OFFICE!
YESTERDAY’S RESULT11am: 2-5-4
YESTERDAY’S RESULT4pm: 5-2-0
A N G L E G U I D E
ANG 6 ug ang 0 maayo nga bantayan karong adlawa ug ang mga pairing mao: 46, 56, 76, 86, 04, 05, 07, ug ang 08. Good sa tanan.
Supertres team
this assistance of the Sultan of Sulu to the Sultan of Brunei, come about, lead-ing to the cession of North Borneo to the Sultan of Sulu?
“This started with the killing of a son of Tinkara Abdul Mubin by the son of Mohammad Ali, then the reigning 12th Sultan of Brunei. Mubin went to Mohammad Ali to complain, and, after realizing Moham-mad Ali would not give any justice to Mubin’s son, Mubin killed Mohammad Ali then and there.
Blame...from page 6
“After killing Moham-mad Ali, Mubin then pro-claimed himself the new Sultan of Brunei. His basis for this proclamation was the fact that he, Mubin, was a nephew of the slain Moham-mad Ali, and a grandson as well of Sultan Hasan (the 9th Brunei Sultan), therefore, his lineage supported the proclamation…” There is more to this.
-ooo-REACTIONS? Please call
me at 0917 984 24 68, 0918 574 0193, 0922 833 43 96. Email: [email protected], [email protected]
MOBILE phone operator Sun Cellular has reinvented its original invention, “the unlimited” service that has revolutionized the telco industry.
Sun Cellular’s Chief Ex-ecutive Officer Orlando Vea says they have put new meaning to their unlimited services by launching new and expanded unlimited of-ferings and complementing them with an even better network.
“At the outset, Sun Cel-lular’s network was designed and built to provide un-limited services. And with
Sun Cellular re-invents unlimitedthe coverage, robustness and quality that the PLDT Group network has made available to Sun, everyone in the country can now benefit from the reinvented unlimited services that Sun offer,” Vea said.
Chief Operating Officer Charles Lim, who has been with Sun Cellular since day one says they have delib-erately chosen to provide unlimited services to the market because they listened to what the consumers want-ed. “Once people were free of restraints, they changed their calling and texting
habits, hence our products clicked in the market,” Lim explained.
Lim said their flagship product, the Php25 Call and Text Unlimited has been reinvented with add-ons that boost the current product offerings. “Add-ons include more texts to other networks and mobile inter-net minutes, which have all been well received by our subscribers,” Lim said.
For the postpaid seg-ment, Sun also reinvent-ed unlimited by making smartphones available to a wider market by making
these available for as low as Php350 per month. Add-ons like mobile internet with anti-bill shock features make sure that the its current and potential subscribers could get to enjoy the full benefits of a smartphone at an as-sured least possible cost.
“After introducing af-fordable camera phones in the past to the mass market, we again listened to our customers by being first to offer smartphones to the entry-level segment. Not only can customers avail of one smartphone but for the whole family with
our Group Plan 999. They can now take their mobile communication habits to a whole new level,” Lim said.
Late last year, Sun Cel-lular also launched the Sundroid Rush bundle that offers a Smartphone and a Tablet in just one subscription plan. Boast-ing notable connectivity features, including those for internet.
sharing and WiFi ser-vice, Sun Cellular said the SunDroid offering is designed to perfectly suit today’s dynamic users of both 2G and 3G commu-nication technologies.
All these unlimited ser-vices, Sun officials say, extend to 3G, as unlimited internet packages are of-fered at all price points. “We know we cannot go wrong with unlimited because that is what the market wants, so we de-signed viable offers also for our Sun Broadband customers,” Lim said.
Lim said underlining
all of these unlimited in-novations is a customer service experience that is best in class. Referring to a recent industry Cus-tomer Satisfaction Survey, he shared that the results showed that Sun topped the customer satisfaction ratings in the industry in terms of complaint resolu-tion in both the postpaid and prepaid segments.
“Our subscribers’ pro-file covers highly intel-ligent and practical con-sumers. We are glad that we are able to satisfy their expectations for product utility, service quality, and customer service,” Lim explained.
According to Lim, Sun Cellular will continue in-troducing innovations that respond to the changing demands of the market including “unlimited” in-novations, supporting the company’s position as the Good Choice.
Sun Cellular is a mem-ber of the PLDT Group.
CROSSWORD puzzle
SUDOKUHow to play the game?Fill in completely every rows, columns and diagonals of each puzzle without repitition of the same digit.
Yesterday’sAnswer
ACROSS 1. Indistinct 5. Judge’s mallet 10. Biblical prophet 11. Temple 12. Boy 13. Swamp 14. Armed conflict 15. The Wizard of_ 16. Last 18. Train’s “ Mary_’ 19. Swivel 21. By 23. Atomic weapon 24. Actor Reynolds 27. Nickel symbol 28. Recreational place 30. Iridium symbol 32. Increase in wages 34. Conjunction 35. Race segment
37. Canvas bed 38. Game cube 39. Classify 41. Create 42. Backbone 43. “Golden touch” king
DOWN 1. Courage 2. Female warrior 3. The Lord 4. Objective case of we 5. Infatuated 6. Silver symbol 7. Solemn promise 8. Dutch cheese 9. __and penates 11. Corn bread 12. Nip 16. Impostor 17. Wingless insect 20. Wine cask
22. To and_ 24. Top 25. Group of three 26. _Marner 28. Public disorder 29. Woody plants 31. Scrape 33. Land measure 36. Greek letter 38. Mom’s partner 40. Preposition 41. Music
PEERPRESIDENTPRIMADONNARANEESHAHSHEIK
CIRCLE A WORDMAYORMOGULMONARCHNIZAMPASHA
PROVERB PROBE: VIPS (2)
SHOGUNSTARSUZERAINTYCOONVIZIER
SATURdAy-SUNdAy | FEBRUARy 23-24, 2013 9Editorial. : [email protected] Advertising : [email protected]
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG SANGGUNIANG PANLALAWIGAN OF CAMIGUIN HELD ON JANUARY 30, 2013 AT THE SESSION HALL, CAMIGUIN LEGISLATIVE BUILDING, PROVINCIAL CAPITOL, MAMBAJAO, CAMIGUIN. PRESENT: Hon. Leo Gales Lasacar - Provincial Vice Governor; Presiding Hon. Jesus Diolanto Pacuribot - Provincial Board Member Hon. Virgilio Fajardo Lacerna - Provincial Board Member Hon. Periolo Torayno Banaag - Provincial Board Member Hon. Jose Cultura Ladao - Provincial Board Member Hon. Raquel Bacasnot Ranara - Provincial Board Member; PCL President Hon. Ana Victoria Olaer Uayan - Provincial Board Member; PPSK President Hon. Rodin Modina Romualdo - Provincial Board Member; FABC President
ON LEAVE: Hon. Hermogenes Boholano Lobido - Provincial Board Member
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PROVINCIAL ORDINANCE NO. 2012-01
THE ENVIRONMENT CODE OF THE PROVINCE OF CAMIGUIN.
Be it ordained by the Sangguniang Panlalawigan of Camiguin:
CHAPTER 1 – GENERAL PROVISIONS
ARTICLE I - TITLE, POLICIES, PRINCIPLES AND TERMINOLOGIES
SECTION 1. TITLE. This Code shall also be known and cited as the “CAMIGUIN ENVIRONMENT CODE OF 2011”.
SECTION 2. DECLARATION OF POLICY. Pursuant to the powers granted by the 1987 Constitution, and in conjunction with the General Welfare Clause of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, it is hereby declared the policy of the Provincial Government of Camiguin to fully exercise genuine and meaningful local autonomy as an effective partner of the national government, its people and the civil society in the enhancement of the rights of the people to a balance and healthful ecology in accord with the rhythm and harmony of nature.
SECTION 3. GENERAL OPERATIVE PRINCIPLES. The formulation and implementation of policies and measures for the protection of the environment, sustainable utilization of the natural resources, and the promotion of healthful ecology, shall be guided by the following general operative principles:a. A local network that will promote and sustain relevant, efficient strategies and modern technologies for the protection of the environment and natural
resources, primarily in the areas of research and management, shall be developed and enhanced; b. There shall be formulated relevant and effective policies and strategies that will ensure proper implementation of environmental programs and projects
as well as the strict enforcement of pertinent laws, rules and regulations;c. An accountable, efficient and dynamic organizational structure and operating mechanism shall be established that will plan, implement, direct, assist,
coordinate, monitor and/or evaluate all environmental laws, policies, programs and projects in Camiguin;d. The vesting of duties, responsibilities and accountabilities of personnel shall be accompanied with the provision for reasonably adequate resources
to enable them to discharge their powers and functions;e. The local government units and non-government organizations within the territorial jurisdiction of Camiguin may group themselves for purposes most
beneficial to them and their respective constituencies;f. There shall be institutional mechanisms that will sustain or reinforce the implementation of this CODE, pertinent existing laws and issuances and
promote proper and mutual consultation with the people on matters involving the utilization, development and conservation of natural resources;g. The promotion, development and protection of human resources shall be the paramount consideration in the formulation and implementation of all
environmental programs and activities; andh. Adherence to the basic fundamentals of co-management approach allowing multi-sectoral participation in the discussion and resolution of environmental
issues.
SECTION 4. DEFINITION OF TERMS. As used in this Code, the following terms shall mean or be construed as follows:
AFFECTED COMMUNITIES. The communities, regardless of proximity to the project site, where the existing or the potential adverse impact of a project affects said communities.
AGRICULTURAL WASTES. The wastes generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields.
AQUATIC RESOURCES. These include fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including salt and corals.
BIODIVERSITY. A variety of life formed and found on earth; comprises all living things and the genes they contain, the ecosystem they build and the way they live and interact together.
BIOPIRACY. Refers to the transfer of biological wealth and knowledge from indigenous communities to transnational corporations for the manufacture of commercial products with or without inadequate remuneration or acknowledgement of traditional users of the resources, such as the patenting of biological organisms.
BUFFER ZONES. Identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 of Republic Act No. 7586 that need special development control to avoid or minimize harm to the protected area.
CADC . Certificate of Ancestral Domain Claim CADT. Certificate of Ancestral Domain Title CALT. Certificate of Ancestral Land Title
CARRYING CAPACITY. A capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation.
CO-MANAGEMENT. A collaborative or joint management by two or more social actions. All actions negotiate a fair share of functions and responsibilities for a given development interest. It is a sharing of responsibilities, accountabilities and benefits achieved as result of an integrated and coordinated actions.
CRES. Conservation of Rare and Endangered Species.
CRITICAL WATERSHED. A drainage area for a river/creek system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to widespread denudation that cause erosion and flood.
CULTIVAR. A plant variety developed from a natural specie and maintained through cultivation.
“DE FACTO” OPEN ACCESS. A condition resulting from the inability of a resource owner or manager, such as the State, in the case of marine resource, to enforce its ownership and authority by way of effectively excluding or regulating non- owners from the use thereof, thereby rending the utilization of the resource under open and unregulated conditions as if there is no owner or manager. The failure of regulatory control by resource owners or managers inevitably result in the destruction of the resources and the overall losses in public welfare. In the case of marine resource, “de facto” open access conditions lead to the eventual decline in marine productivity, particularly fish catches in the municipal waters.
DESIGNATED NON-ATTAINMENT AREAS. Area that does not meet one or more of the National Ambient Air Quality Standards for the criteria pollutants designated in the Clean Air Act.
DIPTEROCARP FOREST . A forest dominated by tree species with “two winged” seed that can reach a height of over 20 feet, such as red lawaan, tanguile, white lawaan, bagtikan, mayapis of Philippine mahogany group, apitong and yakal.
DISTRIBUTION UTILITY. Any electric cooperative, private corporation, government-owned utility or existing local government unit with franchise to operate a distribution system.
ECOSYSTEM. An ecological community considered as a unit that consists of non-living factors and its environment.
ECO-TOURISM. A form of sustainable tourism aimed to converse and promote the sustainable use of biological and cultural biodiversity, that facilitates income generation, provides job and business opportunities and shares its benefits equitably with local communities and indigenous people by obtaining their informed consent and full participation in planning and management of ecotourism in a protected area.
ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM (EIAS). A process which consists of identifying and predicting impacts of proposed projects and programs in the biophysical environment and on man’s health and well being. (DAO 03-30)
ENDEMIC. A situation peculiar to a particular locality.
ENDANGERED SPECIES. Threatened or vanishing species of flora and fauna.
ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). A document issued by the DENR certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system.
ENVIRONMENTAL GUARANTEE FUND (EGF). A fund to be set up by a project proponent which shall be readily accessible and disbursable for the immediate clean-up or rehabilitation of areas affected by damages in the environment and the resulting deterioration of environmental quality as a direct consequences of a project’s construction, operation or abandonment. It shall likewise be used to compensate parties and communities affected by the negative impacts of the project, and to fund community-based environment related projects including, but not limited to, information, education and emergency preparedness programs. (DAO 03-30)
ENVIRONMENTAL IMPACT ASSESSMENT (EIA). A process that involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive mitigation and enhance-ment measures and addressing these consequences to protect the environment and the community’s welfare. The process is undertaken by, among others, the project proponent and/or EIA Consultant, EMB, a Review Committee, affected communities and other stakeholders. (DAO 03-30)
ENVIRONMENTAL IMPACT STATEMENT (EIS). A document of studies on the environmental impacts of a project including the discussions on direct and indirect consequences upon human welfare and ecological and environmental integrity. The EIS may vary from project to project but shall contain in every case all relevant information and details about the proposed project or undertaking, including the environmental impacts of the projects and the appropriate mitigating and enhancement measures. (RA 7942)
ENVIRONMENTALLY CRITICAL AREA (ECA). Refers to an area that is environmentally sensitive and is listed under Presidential Proclamation No. 2146, series of 1981, as well as other areas which the President of the Philippines may proclaim as environmentally critical in accordance with Section 4 of Presidential Decree No. 1586.
FISH SANCTUARIES. A natural area where fish are hatched, bred and protected until they are fully grown.
FISHERFOLKS COOPERATIVE. An organized group, association, federation, alliance of an institution or fisher folks which has at least fifteen members, a set of officers, a constitution and by-laws, an organizational structure and a program of action, registered with the Cooperative Development Authority.
FISHERIES. All activities relating to the business of fishing, culturing, processing, marketing, developing and managing of aquatic resources and fishery areas, with the privilege to fish or take aquatic resource thereof.
GRAVEL. Particles of rock ranging size from 0.08 inch to 1 inch in diameter.
GENETIC ENGINEERING. It shall be understood as the introduction of genes by laboratory techniques. (RA 9168 or the Philippine Plant Variety Protection Act of 2002)
GREENBELT. A belt of parkways, parks, or farmlands that encircle a community.
HAZARDOUS WASTES. The combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may pose a substantial or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise mismanaged.
ILLEGAL LOGGING . The cutting, removing, collecting, gathering, possessing and the transporting of forest products without license or permit issued by proper authorities. (PD 705)
INDEPENDENT POWER PRODUCER (IPP). An existing private power generating entity not owned by the National Power Corporation.
INLAND FRESHWATER FISHERY. A freshwater fishery and brackish water fishpond.
IN-PLACE MANAGEMENT SYSTEM. The technique used in utilizing the capacity of resources including manpower existing in the place covered by management.
KAINGIN. The clearing of a tract of land through the cutting/slashing/burning of trees, bushes and other plants, as in a forest, so that the area being cleared will be utilized for the planting of crops.
SANGGUNIANG PANLALAWIGANProvince of camiguin
MANAGEMENT ZONE. It is a relatively homogeneous unit of land, identifiable, locatable and whose inherent characteristics dictates that the response or effects of management will be relatively the same for all hectares within the area considering each suitable management prescription and the stated decision variables. (DENR Circular No. 93-04)
MINERAL RESOURCES. Any concentration of metallic and non-metallic minerals/rocks.
MINERALS. The naturally occurring inorganic substance in solid, gas, liquid or any intermediate state, including energy materials such as coal, petroleum, natural and radioactive materials and geothermal energy.
MINING OPERATION. The mining activities involving exploration, feasibility, development, utilization and processing.
MUNICIPAL WATERS. These are streams, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586. (The NIPAS Law)
NATURALLY GROWING TREES. Trees that grow naturally in any area (forest or private land) without human intervention.
NCIP. National Commission on Indigenous Peoples.
OPEN DUMPS. The disposal areas wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards.
OPEN-PIT MINING. A surface mining operation in which blocks of earth are dug from the surface to extract the ore contained therein. Open-pit mining also refers to a method of extracting rock or minerals from the earth by their removal from an open pit or burrow. The term is used to differentiate this form of mining from extractive methods that require tunneling into the earth.
OZONE DEPLETING SUBSTANCES. Those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and environment such as, but not limited to, chlorofluorocarbons, halons and the like.
POLLUTION. An addition of a chemical, physical or biological agent into the air, water or soil in an amount or rate that threatens human health, wildlife, plants or disrupt the orderly functioning of the environment; a contamination.
PRECAUTIONARY PRINCIPLE. The 1990 Bergen Declaration which declares: “In order to achieve sustainable development, politics must be based on the Precautionary Principle. Environmental measures must anticipate, prevent and attack the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty, should not be used as a reason for postponing measures to prevent environmental degradation”.
PRODUCTION FOREST. It refers to forestlands designated as such for the sustainable production of timber and/or non-wood forest products. (DAO 99-53)
PROTECTION FOREST. It refers to forestlands not the subject of commercial or industrial activities that include all areas under NIPAS and such other areas the DENR Secretary may designate. (DAO 99-53)
QUARRY RESOURCES. Any common rock or other mineral substances as the Director of Mines and Geosciences Bureau may declare as quarry resources, such as, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic glass, provided, that such quarry resources do not contain metals or metallic constituents and/or other valuable minerals in economically workable quantities. Non-metallic minerals such as kaolin, feldspar, bull quartz or silica, sand and pebbles, bentonite, talc, asbestos, barite, gypsum, bauxite, magnetite, dolomite, mica, precious and semi-precious stones and other non-metallic minerals that may later be discovered and which the Director of Mines declares the same to be or economically workable quantities shall not be classified under the category of a quarry resource.
QUARRYING. A process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land.
RATIONALIZATION. It refers to the action of an organization of a business or industry using scientific business management principles and simplified procedures to obtain greater efficiency of operation.
RECREATION FOREST. A track of public lands, forested or non-forested, which may contain production and protection forests, developed for additional or for the primary purpose of providing non-destructive recreational pursuits.
RECEIVING WATER BODY. A river, ocean, stream, spring or other watercourse into which wastewater or treated effluent is discharged.
REPLEVIN. An action to recover possession of movable property.
RICH. Rescue Important Conservation Hotspots.
SANITARY LANDFILL. A waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility.
SANITARY TOILETS. Comfort rooms with septic tank.
SMALL-SCALE MINING. A single unit mining operation having an annual production not exceeding 50,000 metric tons of run-off-mine ore with the following requisites: (1) the working area is artisanal, either open cast or shallow underground mining, without the use of sophisticated mining equipment; (2) minimal investment on infrastructures and processing plant; and (3) heavy reliance on manual labor.
SEWAGE. It means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, buildings, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain wastes, or other places or the combination thereof. (RA 9275 – Philippine Clean Water Act of 2004)
SOCIAL ACCEPTABILITY. The acceptability of a project by affected communities based on timely and informed participation in the EIA process particularly with regard to environmental impacts that are of their concern. (DAO 03-30)
SOLID WASTE. It means all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and, other non-hazardous/non-toxic solid waste.
STAKEHOLDERS. These are individuals, groups or communities, institutions and entities who are directly or indirectly affected by any undertaking or activity.
STRICT PROTECTION ZONE. An area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance main-tained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state.
SUBSISTENCE FISHING. Refers to the taking of fish through hook and line by municipal fisherfolks, using fishing vessels less than three gross tons, or fishing not requiring the use of fishing vessels. (Joint DENR-DA-DILG-DND Memorandum Order No. 2000-01)
SUSTAINABLE DEVELOPMENT. The harmonious integration of sound and viable economy, responsible governance, social cohesion/harmony and ecological integrity to ensure that development is a life-enhancing process for human beings for the present and future generations.
USUFRUCT PERMIT. It gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. (Civil Code)
TREATED LIQUID WASTE. It is the process of removing contaminants from wastewater and household sewage, both runoff (effluents) and domestic. It includes physical, chemical, and biological processes to remove physical, chemical and biological contaminants. Its objective is to produce an environmentally-safe fluid waste stream (or treated effluent).
WATERSHED. It refers to a land area drained by a stream or a fixed body of water and its tributaries having common outlet for surface run-off which filters pollutants along the way and provide water to households, farms and industries. It also refers to the esoteric basin, barrel catching precipitation that falls on land and channeling the same to streams, rivers, aquifer and lakes. (Based on PD 705)
WATERSHED MANAGEMENT. It shall mean as the process of guiding and organizing the management of land and other resources used to provide desired goods and services, without adversely affecting soil and water resources.
WILDLIFE SANCTUARY. An area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation.
ARTICLE II - MANDATE AND OBJECTIVES
SECTION 5. MANDATE. Pursuant to Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the Provincial Government of Camiguin “shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare of its constituents as enshrined in the 1987 Con-stitution.” Within its territorial jurisdiction, the Provincial Government shall ensure and support among other things; programs, policies and measures geared towards the promotion of health and safety, the enhancement of the people’s lives in a balanced ecology, the encouragement and development of appropriate environment-friendly technologies, improvement of public morals and social justice and the preservation of the comfort and convenience of its inhabitants.
SECTION 6. OBJECTIVES. This Code is promulgated to provide the Provincial Government of Camiguin policy direction in the planning and execution of programs and strategies that will:
a. Ensure ecologically sound and sustainable development through collaborative efforts of concerned government agencies, non-government agencies, business communities and other concerned sectors;
b. Establish policies and mechanisms for the protection, preservation and management of the province natural resources and environment; andc. Ensure strict enforcement of environmental laws, regulations, policies and issuances; and consider socio-cultural interests and strengthen people’s
participation.
CHAPTER II - NATURAL RESOURCES MANAGEMENT
ARTICLE I - FOREST RESOURCES
SECTION 7. SCOPE OF POWERS. In the exercise of their respective mandates, the local government units shall:
A. Provincial Government of Camiguin shall:
1. Enforce forestry laws pertaining to illegal logging, unlawful occupation and destruction of forest lands;2. Apprehend violators of forest laws, rules and regulations and assist in the preparation and filing of criminal complaint in the Office of the Prosecutor;3. Assist in the confiscation, forfeiture and disposition of illegally cut and transported conveyed forest products, conveyances, equipment and other imple-
ments used in the commission of offenses penalized under existing laws;4. Establish Integrated Social Forestry, Communal Forests and watersheds or sub-watersheds;5. Participate in the inventory of forest products and issue clearance for the establishment of wood processing and treatment plants prior to the approval
of DENR for utilization and disposition; and6. Issue clearance and monitor activities to see to it that laws, rules and regulations on wood processing and treatment of plants, logs and lumber and
furniture shops operation are complied with by the permittees.B. Municipal Governments shall:
1. Implement the following projects, programs and activities:a. Integrated social forestry programs and similar projects pursuant to Section 17 of Republic Act No. 7160, except those located in protected areas
and critical watersheds;b. Regular reforestation projects, including those located in protected and critical watershed areas;c. Community-based contract reforestation projects and other similar projects subject to policies and procedures prescribed by the Department of
Environment and Natural Resources;d. Forest Land Management Agreement and/or Community-Based Forest Management Agreement in accordance with the policies promulgated by
the DENR; and e. Rules and Regulations pursuant to Section 12 of Executive Order No. 263, and other DENR guidelines.
2. Establish and maintain communal forests with an area not exceeding fifty square kilometers, pursuant to Section 17 of Republic Act No. 7160; provided, that the concerned local government unit shall endeavor to convert into a community based forestry projects;
3. Establish a locally-based forest management program considering the model established which is operationally known as the Barangay Forest Protection and Management Scheme, a project under the Provincial Co-Management Model;
4. Manage, protect, rehabilitate and maintain small watersheds which are sources of local water supply as identified or to be identified by the DENR and/or the LGU concerned;
5. Establish, protect and maintain tree parks, greenbelts, pursuant to Section 17 of Republic Act No. 7160 and other tourism related areas identified and delineated by the DENR and/or LGU, except those within protected areas, and collect fees for services rendered and the use of facilities established therein;
6. Regulate extraction, utilization and introduction of flora and fauna outside the National Integrated Protected Areas (NIPAs), including industries and busi-nesses engaged in their propagation and development, such as orchidaria and nurseries, as well as exportation and importation of the same; Provided, that such businesses and industries are registered with the DENR for monitoring purposes;
7. Implement the Rehabilitation in Conservation Hotspots (RICH) and Conservation of Rare and Endangered Species (CRES) activities in areas identified and delineated by the DENR and/or by LGU concerned, except within the protected areas; and
8. Implement Soil Resource and Conservation Projects. C. Barangay Governments shall:
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SECTION 24. REHABILITATION. Environmentally damaged or degraded portions of areas subjected to quarrying and mining shall be immediately rehabilitated by the proponent during or upon completion of operations. Said rehabilitation program shall be included in the program of work to be submitted while securing the permit for the operation. (Revised based on Section 19 of RA 7942)
SECTION 25. USER’S FEE. There shall be a user’s fee to be collected from quarrying operators which shall be deposited as trust fund/revolving fund for environ-mental management programs.
ARTICLE III - WATER RESOURCES
SECTION 26. SCOPE OF POWERS. In the exercise of the powers, functions and responsibilities to regulate and monitor the exploitation and utilization of the water resources of the province, LGUs, in coordination with the Department of Environment and Natural Resources shall:
a. Ensure effective management, protection and maintenance of watersheds which are sources of local water supply;b. Conduct comprehensive study on hydrological mapping of water resources;c. Undertake immediate rehabilitation of critical watershed of irrigation systems;d. Implement measures for safe and adequate potable water supply; ande. Collect fees and charges to water users in accordance with Section 289 of RA 7160.
SECTION 27. OPERATIVE PRINCIPLES. Water resources protection, conservation, management and utilization shall be guided by the following:
a. Water resources shall be managed:a.1 Primarily, to meet the basic requirement for potable water of all residents and for sustained agricultural production;a.2. Secondarily, to secure the availability of adequate supplies of water for the growing industrial, recreational and commercial development activi-
ties;b. Effective institution of pollution control measures to ensure safe water supply;c. Sustainable water supply requires conservation of protection forest and restoration of forest cover; andd. Adopt the principle of integrated water resources management.
SECTION 28. WATERSHED MANAGEMENT PLAN. A strategic plan for the Camiguin Watershed Network shall be formulated and forms part of the Camiguin Provincial Environment Plan in consonance with the provisions of PROTECTED AREA MANAGEMENT BOARD (PAMB).
SECTION 29. CAMIGUIN WATERSHED NETWORK. The Camiguin Watershed Network (CWN) is hereby created to be composed of the watersheds from the five municipalities of Mambajao, Mahinog, Guinsiliban, Sagay, and Catarman which shall be managed and governed pursuant to provincial laws, rules and regulations and the on-site management agreements.
SECTION 30. ADDITIONAL AREAS TO THE CAMIGUIN WATERSHED NETWORK. The CWN shall include watersheds and sub-watersheds established by the barangay, municipal and provincial governments and those deemed as strict protection zones for water sources.
SECTION 31. BUFFER ZONES. There shall be established peripheral buffer zones of identified water sources as provided for by law, to protect the same from activities that will result to direct or indirect damages.
SECTION 32. ESTABLISHMENT OF WATER RESOURCES TRUST FUND. There is hereby created a Water Resources Trust Fund comprising all amounts domi-nated as “share of national wealth” generated from the operation of water utilities, corporate users, national government agencies and instrumentalities and Communal Irrigation Systems (CIS) which shall be managed and administered by the Provincial Government. It shall be used for the purpose of vegetative rehabilitation, livelihood project support and capability building of watershed occupants upon the recommendation of the Multi-Sectoral Water Resources Watershed Committee (MSWRWC), subject to government accounting and auditing rules and regulations.
SECTION 33. PROTECTION OF RIVERBANKS, EASEMENTS, RIGHTS-OF-WAY AND GREENBELTS. The Provincial Government shall adopt adequate measures for establishing clearance and greenbelts along river banks, creeks and lake areas as prescribed by law, to recover easements as provided by Presidential Decree No.1067 and other applicable laws which provides that banks of rivers and streams and the shores of the lakes throughout their entire length and with a zone of three meters in urban areas, twenty meters in agricultural areas and forty meters in forest areas, along margins are subject to easement for public use in the interest of recreation, navigation, floatage and fishing.
Deputation of Barangay River/Creek Wardens, Barangay Tanod Members under the supervision of the Provincial Task Force in close coordination with the barangay and municipal officials for the protection and preservation of rivers, creeks and lakes, appropriate easements, rights of way and greenbelts is mandated.
SECTION 34. SEWERAGE SYSTEM. The Provincial Government shall adopt necessary measures to ensure that all drainage systems are adequately established and maintained to prevent the negative effects of all types of effluents on both surface and underground water.
SECTION 35. LIQUID WASTE DISPOSAL. Adequately treated liquid waste can be discharged wholly or partially through the use of drainage, bypass canals and/or pumps and other authorized means. Otherwise, there shall be appropriate septic tanks to be established for all public markets, hospitals and clinics, poultry and piggery, funeral homes and all residential, commercial establishments and institutions to protect the environment.
SECTION 36. HEALTH AND SANITATION MEASURES. The Provincial Government through the Provincial Health Office in coordination with the municipal and barangay officials, shall strictly enforced the policy on the construction of sanitary toilets to all households.
SECTION 37. SOIL AND WATER CONSERVATION. The Provincial Government shall assist the municipal and barangay governments to improve soil and water conservation techniques in agricultural and industrial projects and activities in coordination with the Provincial Agricultural Office, Department of Environment and Natural Resources and Department of Public Work and Highways.
ARTICLE IV – INLAND FRESHWATER, COASTAL AND MARINE RESOURCES
SECTION 38. SCOPE OF POWERS. The Provincial Government shall provide the following inland freshwater, coastal and marine resources management and services in coordination with the LGUs, DENR and the Bureau of Fishery and Aquatic Resources (BFAR):
a. Enforcement of Fishery Laws in municipal waters, both nationally and locally promulgated, including the conservation of inland freshwater, coastal and marine habitats not limited to mangrove areas, seagrass beds and coral reefs;
b. Regulation of fish ports and landing centers;c. Assist in the enforcement of pollution control and environmental laws, rules and regulations;d. Assistance to fisherfolks cooperatives and other organizations, schools and training centers offering aquaculture fisheries, environmental science and
resources management courses in terms of the transfer of ecological and environmental protection technology;e. Coordinate with BFAR, DENR, academic institutions and NGOs the implementation of extension services and conduct of on-site research services; andf. Deputation of Inland Freshwater and Coastal Water Wardens (Bantay-Dagat and Bantay-Lawa)
SECTION 39. OPERATIVE PRINCIPLES. Management, protection, conservation, and utilization of inland freshwater, coastal and marine water resources shall be guided by the following principles:
a. The capabilities of local government units, in the exercise of their duties, powers and responsibilities towards effective and sustainable management of coastal and marine resources shall be enhanced;
b. The utilization, development and management of municipal waters shall not jeopardize the conservation of biodiversity and preservation of cultural heritage; and
c. Unique freshwater and coastal water features and productive habitats such as fish sanctuaries, breeding grounds, declared and delineated parks and other water bodies shall be conserved and protected.
SECTION 40. PROVINCIAL INLAND FRESHWATER, COASTAL AND MARINE RESOURCES MANAGEMENT FRAMEWORK.
a. Within six months upon the effectivity of this Code, the Provincial Government shall mandate the local government units to formulate, develop and update the Integrated Coastal Resources Management Plan to provide a framework for the management of the municipality’s coastal zone, municipal waters and resources therein.
b. Within six months upon the effectivity of this Code, the Provincial Government shall mandate the local government units to formulate, develop and update the Integrated Inland Freshwater Management Plan to provide a framework for the management of the municipality’s freshwater resources.
The Provincial Government shall take the lead in the integration of the Municipal CRM Plans eventually formulating the Provincial CRM Plan and provide guidance and assistance through adaptive management, the regular monitoring and evaluation as well as funding allocation.
In addition, the Provincial Government shall mandate LGUs to include formulation and development of individual management plans for locally-declared fish sanctuaries/marine protected areas and provide direction in the networking of these sanctuaries including the creation and institutionalization of a Provincial Fish Sanctuary/Marine Protected Area (MPA) Network Management Council.
SECTION 41. PROVINCIAL ZONING GUIDELINES FOR FRESHWATER AND COASTAL /MARINE RESOURCES MANAGEMENT.
a. In addition to the CMRMF cited in Section 39 a. hereof, the Provincial Government shall formulate provincial coastal and marine zoning and manage-ment planning guidelines which will serve as bases in formulating municipal coastal and marine water zoning and management plans. The plan shall be based on co-management approach where the municipal government shall work with resource users and build upon existing laws, particularly in the institutionalization of the Fisheries and Aquatic Resource Management Councils (FARMCs).
b. Freshwater municipal zoning and management guidelines. The IFRMF cited in Section 39 b. hereof, the Provincial Government shall formulate pro-vincial inland freshwater zoning and management planning guidelines which will serve as bases in formulating municipal inland freshwater zoning and management plans. The plan shall be based on co-management approach where the municipal government shall work with resource users particularly in the institutionalization of the Fisheries and Aquatic Resource Management Councils (FARMCs).
SECTION 42. DELINEATION OF MUNICIPAL WATERS. The Provincial Government, in collaboration with the municipal governments and concerned national government agencies, shall maintain and sustain the existing delineation of municipal waters of the Province.
SECTION 43. THE CREATION OF CAMIGUIN COASTAL AND MARINE RESOURCES MANAGEMENT COUNCIL. The Provincial Government shall initiate the creation of council to be composed by Local Government Units (LGUs), National Irrigation Administration (NIA), Local Water Utilities Administration (LWUA), Department of Public Works and Highways (DPWH) and the Department of Environment and Natural Resources (DENR). Camiguin Integrated Water Works Cooperative (CIWASCO) shall be an automatic member of this council.
The Department of Environment and Natural Resources (DENR), Bureau of Fisheries and Aquatic Resources (BFAR), FARMCs, CPSC, NEDA, Phil. Coast Guard, PNP-Maritime shall also be represented.
SECTION 44. MANAGEMENT AND PRESERVATION OF INLAND AND COASTAL WATERS. The Provincial Government shall initiate the protection, management and preservation of all inland waters such as rivers and creeks, and municipal coastal waters, in coordination with other concerned government agencies.
SECTION 45. ENVIRONMENTAL IMPACT ASSESSMENT (EIA). All inland and coastal water projects are subject to Environmental Impact Assessment (EIA), in coordination with the Provincial Agricultural Office, and the consultation with the Environmental Management Bureau of the DENR.
ARTICLE V - SUSTAINABLE AGRICULTURE DEVELOPMENT
SECTION 46. SCOPE OF POWERS. In the exercise of its powers, functions and responsibilities, LGUs, among others, shall prescribe measures to safeguard the environment and natural resources, by promoting rural development through sustainable agriculture within their respective areas of jurisdiction through:
a. Promotion and development of environmentally sound and economically viable agricultural production systems for both lowland and upland ecosystems, preferably of organic, diversified and integrated agriculture, in reference to and consistent with existing Barangay Development Plans and Comprehensive Land Use Plans;
b. Provision of efficient support services and incentives to farmers practicing sustainable agriculture and to strengthen the participation of, and cooperation among concerned entities such as; the Department of Agriculture, Local Government Units, civil society, the academe and other stakeholders;
c. Establishment of Geophysical Information System (GIS)-based Resource Management Information System (RMIS) as a tool in the assessment on the impact of existing agricultural production system to the agricultural resource base in the province and as basis for the formulation of Sustainable Agriculture Master Plan (SAMP); and
d. Creation and capacitation of community-based agricultural extension teams through:d.1 Establishment of community learning centers for appropriate technologies;d.2 Diversified Farming System including use of short-term, medium-term and long-term crops and propagation of small livestock production;d.3 Promotion of Soil and Water Conservation measures in both lowland and upland areas;d.4 Enforcement of laws and ordinances banning or regulating the use of synthetic chemical agricultural inputs;d.5 Adoption of the Sloping Agricultural Land Technology (SALT) in the rolling areas; and d.6 Maximize recycling of agricultural waste, minimize external inputs and optimize internal inputs.
SECTION 47. OPERATIVE PRINCIPLES. Policies on agricultural/cropland resources in the Province are anchored on the following operative principles:
a. The integrity and carrying capacity of the agricultural resource base, especially land, water and genetic resources of both plant and animals shall not be degraded in the process of development;
b. Inclusion of sustainable agricultural development practices as essential component of agro-ecological considerations towards maximum productivity and profitability;
c. Policy of piloting or on-the-ground testing as an essential requisite for adaptability, adoptability, efficiency in local situations and bias for the environ-ment for acceptability and utilization of research-based generated technologies;
d. Policy decisions are based on studies on biological limits and scientific result of agricultural and natural resource productivity;
1. Protect and manage remaining forest pockets;2. Establish community-based nurseries;3. Create Barangay Forest Protection and Management Committee (BFPMC) unit through a Barangay Resolution and a Memorandum of Agreement (MOA)
headed by the Barangay Chairman with the following members from the People’s Organization (PO), Department of Environment & Natural Resources (DENR), Municipal Local Government Unit (MLGU), Provincial Local Government Unit (PLGU) and National Commission on Indigenous People (NCIP), if Indigenous People (IP) are involved; and Tribal Council, if the same is present in the area;
4. Pass ordinances on Barangay Forest Protection;5. Implement tree planting activities;6. Monitor projects on the ground.
SECTION 8. OPERATIVE PRINCIPLES. The Forest Resources Management initiatives stipulated in this Code shall be consistent with the following:
a. The right of the future generation to enjoy the benefits from forest resources shall be recognized and protected;b. The Barangay Council, with the participation of locally-based Peoples Organizations (POs) involved in environmental protection, shall establish its own
BFPMC to directly protect, conserve and manage its local forest resources;c. The establishment and enforcement of a rational system of utilization and conservation of forest resources, wildlife and biodiversity to ensure sustainable
productivity;d. Everyone shall have the right to information and education on forestry laws, rules and regulations;e. Through an Integrated Watershed Management System a sustainable water supply to the municipality and barangay shall be ensured;f. The development of private tree farms and other forest products supportive of wood requirements of construction, wood processing, furniture, handicrafts
and other wood industries shall be encouraged;g. The In-Place Management System of forest occupants through Community-Based Forestry Management Programs shall be adopted and implemented
to enhance participation of the communities in activities involving forest development management and protection;h. Penalties, incentives and reward systems shall be the guiding policy in the implementation of forestry laws;i. A Forest Resource Management Information System shall be installed as an effective tool in planning, policy making and implementation;j. The participation of Indigenous Peoples (IPs) shall be tapped in the implementation of programs and projects; andk. A monitoring and evaluation system for forest resources shall be established to ensure proper compliance with existing policies, rules and regulations
and effective implementation of programs and projects.
SECTION 9. FOREST RESOURCE MANAGEMENT FRAMEWORK. In coordination with the Department of Environment and Natural Resources (DENR), other concerned national government agencies (NGAs), non-government organizations (NGOs), Peoples Organization (POs), and the local government units (LGUs) shall formulate the Provincial Strategic Forest Resource Management Framework which shall reflect a collaborative initiative on the conservation, protection and sustainable development of forest resources.
SECTION 10. DEVELOPMENT OF PRODUCTION FOREST. In order to provide adequate raw materials to meet the demands of households, infrastructure, agriculture and industry for wood and other forest products the following strategies and measures shall be implemented:
a. Operationalization of Production Forest and Related Management Functions. The provincial government shall promote and encourage the municipal governments for the establishment and operationalization of communal forests, community-based-forestry projects and similar reforestation undertakings;
b. Management of Integrated Social Forestry (ISF). The Provincial Government shall periodically conduct monitoring and evaluation of the performance of municipal ISF projects;
c. Establishment of Sustainable Agro-Forestry and other Income Generating Projects. The provincial government shall encourage agro-forestry and other income generating support programs for the benefit of the ISF stakeholders and other production forest area beneficiaries; (E.O 263 Sec. 1 and Sec. 2)
d. Formulation and Enforcement of Total Log Ban Policy on Naturally Growing Trees. The provincial government, in coordination with the DENR, shall formulate and enforce a Total Log Ban Policy for naturally growing trees within forest lands. However, in cases of private lands permits from Department of Environment and Natural Resources shall be secured supported by certifications of the barangay and municipal governments.
e. Establishment of Seed Production Area. There shall be established in every municipality a Seed Production Area of dipterocarps and other naturally growing trees, reforestation and ornamental species which shall supplement the seed requirements of public and private nurseries;
f. Rationalization of Community Mini-Sawmills and Lumber Dealers. The establishment of community mini-sawmills and lumber dealers shall be regulated to ensure that only planted species shall be processed. The provincial government, in coordination with the DENR and municipal governments, shall establish a system for the issuance of licenses or business permits for the establishments and operations of community mini-sawmills and lumber dealers. Appropriate guidelines for its regulation shall be promulgated therefore;
g. Registration and Monitoring on the Use of Chainsaw. The Provincial Environment Management Office (PEMO) shall issue clearance prior to registration of chainsaws by the DENR. In coordination with the Department of Environment and Natural Resources (DENR), it shall monitor the usage of chainsaws in the province. All unlawful chainsaw operators shall be meted with appropriate penalties in accordance with the provisions of Republic Act No. 9175; and
h. Information and Education Campaign (IEC). The Provincial Government through the PEMO shall, in coordination with the Municipal ENROs, DENR – PENRO and other concerned offices and agencies, periodically conduct IEC activities to promote awareness and involvement in forest protection and conservation activities by all sectors.
SECTION 11. MANAGEMENT OF PROTECTED FORESTS. In the effective management of Protected Forests, the following strategies are hereby adopted:
a. Design measures which will ensure shared responsibilities with the national government, particularly the DENR and the Protected Area Management Board (PAMB), MLGU, BLGU and the communities within the area as primary stakeholders, in securing the continuous existence of all endemic and endangered species of flora and fauna in the province; and
b. In partnership with all concerned agencies, the Provincial Government shall undertake programs and projects geared towards the effective management of the protection of forests for sustainable water supply, inland habitat protection, conservation of waterways, water basins and right-of-ways, forest based recreation, biodiversity conservation and scientific and educational advancement.
SECTION 12. WATERSHED MANAGEMENT AND PROTECTION. The provincial, municipal and barangay governments, in the proper management and protection of watersheds, shall:
A. Identify, delineate and declare their respective watersheds. The identification, delineation and declaration of particular areas shall be coordinated with the following government agencies:
a. The DENR for areas within public forest lands;b. The DA and DAR for alienable and disposable lands;c. The PAMB for watersheds within protected areas; andd. The NCIP for areas covered by CADC, CADT and CALT
B. All LGUs with identified and declared watersheds shall prepare their own Watershed Management Plan, which shall include the following:a. Comprehensive Watershed Protection Plan;b. Short, medium and long term Vegetative Rehabilitation Program which shall encourage the involvement of local communities within the area;c. Conduct of immediate census of existing occupants in the identified watershed areas;d. Establish Barangay Forest Protection Management Scheme, a scheme designed to involve local people to co-manage forest resources together
with the concerned BLGU and MLGU, DENR, NCIP, among others;e. Prohibition of the entry of new migrants in the area and limiting the area occupancy of existing forest occupants;f. Introduction of sustainable alternative livelihood projects to existing watershed occupants;g. Sound infrastructure planning and bio-engineering intervention on critically erodible areas; h. Identification and delineation of key production area; adoption of appropriate bio-dynamic and organic farming technologies for sustainable
agricultural production, with emphasis on soil conservation and protection; andi. The conduct of massive and sustained information-education and advocacy campaign.
C. Identify critical watersheds and recommend appropriate strategies and measures for immediate rehabilitation of damaged areas.
SECTION 13. FOREST PROTECTION AND LAW ENFORCEMENT. Inherent to their duties and responsibilities, the governor/mayors/punong barangays shall provide effective leadership through:
a. Creation, operationalization and strengthening of inter-agency, inter-municipality and multi-sectoral efforts for forest protection and law enforcement in close collaboration with the DENR and other law enforcement agencies;
b. Capability building for all LGU officials and personnel relative to forestry laws, policies, rules and regulations, its implementation, enforcement and litigation;
c. Coordination with the DENR for the periodic assessment of forestry laws implementation and formulation of schemes to improve enforcement;d. Establishment of a legal desk under the Office of the PEMO to assist in the preparation and filing of environment and natural resources cases; ande. Creation and operationalization of the Multi-Sectoral Forest Protection Committee (MFPC) in every component municipality.
SECTION 14. DEVELOPMENT OF RECREATION FORESTS. All local government units shall be encouraged to establish community-based forest recreation projects, such as, forest parks, botanical gardens and camping grounds.
SECTION 15. ROLE OF INDIGENOUS PEOPLE. Cognizant of the inherent rights of the Indigenous People (IP) to enjoy to the fullest the benefits of their heritage as provided for by the Indigenous Peoples Rights Act (IPRA), all local government units shall ensure full participation of IPs and that their indigenous knowledge, systems and practices are harmonized in the protection, conservation, rehabilitation, development and management of forest resources of their respective ancestral domains.
ARTICLE II - QUARRY RESOURCES
SECTION 16. POLICY DECLARATION. It is hereby declared the policy of the Provincial Government of Camiguin to prohibit large scale mining activities in the Province.
SECTION 17. SCOPE OF POWERS. In the exercise of their respective mandates, the local government units shall:
A. Provincial Government –a. Organize and operationalize a Provincial Mining Regulatory Board focusing on sand, gravel, soil and boulder only;b. Require the proponent to undertake Environmental Impact Assessment (EIA) and to submit EIS, IEE or Project Description as the case maybe;c. Monitor and regulate any quarrying activity; andd. Participate as a member of the Mine Rehabilitation Fund Committee as provided for in Sections 182 to 187 of DAO 96-40, as amended (Revised
IRR of RA 7942).
SECTION 18. CAVE RESOURCES. In coordination with the DENR and other concerned agencies, the Provincial Government shall:
a. Formulate policies and guidelines governing the management and protection of cave resources in the province;b. Enter into a memorandum of agreement with DENR for the preservation, development and management of cave or caves located in the province; andc. Tap the cooperation of people’s and non-governmental organizations as active partners in the conservation and protection of caves and cave resources.
(RA 9072)
SECTION 19. GOVERNING LAWS. The pertinent mineral resources provision of this Code shall be governed by, but not limited to, the following national laws and regulations:
a. Republic Act 7160 otherwise known as the Local Government Code of 1991;b. Republic Act No. 7942 (Philippine Mining Act of 1995);c. DENR Administrative Order No. 23, series of 1995, as amended by DAO 96-40, series of 1996 entitled “Implementing Rules and Regulations of the
Mining Act of 1995.
SECTION 20. OPERATIVE PRINCIPLE. Development of resources shall be governed by the principle that the use of mineral wealth be based on contributions to the economic growth and general welfare of the constituents of the province, subject to the following terms:
a. Social acceptability shall be the foremost consideration before any activity/operation is implemented; thus prior consultation with the local government units concerned, civil society, IPs and other concerned stakeholders of the community shall be made, and prior approval of the local sanggunian concerned shall be obtained to ensure maintenance of an acceptable and sound ecology;
b. There shall be a system of utilization, exploration and extraction of mineral resources in accordance with environmental laws, rules and regulations; and
c. Mining and other quarrying activities shall be allocated to projects geared towards sustainable environmental development.
SECTION 21. QUARRY OPERATION. Quarry resources within the province may be operated/utilized by public or private entities only through a permit issued exclusively by the Provincial Governor upon the endorsement of the Provincial Mining Regulatory Board (PMRB). The permit will only be given to qualified persons; provided, all individuals, partnerships, corporations or public entities engaged in the development and utilization of quarry resources for construction of infrastructure projects, shall be required to restore or rehabilitate the subject areas thereof or those affected thereby.
SECTION 22. REGULATORY PROVISIONS. Quarrying and extraction of quarry materials and mineral deposits shall be governed by the following provisions:
a. Quarrying activities within the Province of Camiguin shall be subject to prior Environment Impact Assessment, as provided under the Philippine Envi-ronmental Impact Assessment System;
b. The extraction or removal of quarry resources shall be allowed except those within one kilometer from the bridges and dams upstream and downstream. The desiltation shall be allowed provided that a written consent is secured from government agencies or private entities concerned.
SECTION 23. MONITORING AND EVALUATION. It shall be the responsibility of the PEMO in coordination with concerned agencies to monitor and evaluate the quarrying activities in the province, for the purpose of ensuring compliance of the permittees and/or licensees with the provisions stipulated in the permits and/or licenses issued, pursuant to existing laws, rules and regulations. (Revised based on Section 19 of RA 7942)
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b. Preparation of a common action plan;c. Coordination of functions among its members; andd. Submission and publication of an annual air quality status report for each airshed.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including reloca-tion and indemnification, whenever necessary, to protect the health and welfare of residents in the area. (Sec. 9 and 10 of RA 8749 “Clean Air Act”)
SECTION 83. BAN ON PERSISTENT ORGANIC POLLUTANTS (POPs). The processing, sale, distribution, use and disposal of Persistent Organic Pollutants (POPs) and mixtures to include organochlorine pesticides such as but not limited to aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane; and organochlorine by-products such as hexachlorobenzene, dioxins and furans shall be prohibited unless a special permit from concerned government agencies shall be secured because of the exigency of use of such material. (UNFCCC and the Kyoto Protocol)
SECTION 84. REDUCTION OF GREENHOUSE-CAUSING GAS EMISSIONS. Together with concerned agencies, the Provincial Government shall fully implement plans and programs to reduce greenhouse-causing gas emissions from deforestation, motor vehicles, waste management practices and intensive agriculture.
SECTION 85. PHASE-OUT OF OZONE DEPLETING SUBSTANCES (ODS). Pursuant to the Stockholm Convention of 2001, the Provincial Government, together with concerned agencies, shall implement plans to phase-out ozone-depleting substances which are known to cause harmful effects on the ozone layer, and enforce the ban on persistent organic chemicals.
SECTION 86. SEWERAGE SYSTEM. The Provincial Government, in coordination with other agencies, shall adopt necessary measures to ensure that all drainage systems are adequately established and maintained to prevent flooding and the negative effects of all types of effluents on both surface and underground water.
SECTION 87. LIQUID WASTE DISPOSAL. To avoid deterioration of the quality of a Receiving Water Body (RWB), commercial and agricultural plants with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather conditions is insufficient to maintain its prescribed water quality according to its usage and classification. Further, no person, entity or establishment shall discharge, wholly or partially, untreated or inadequately treated directly into bodies of water or through the use of bypass canals and or pumps and other unauthorized means of disposal.
SECTION 88. HEALTH AND SANITATION MEASURES. The Provincial Government shall adopt appropriate measures to assist municipal governments in improv-ing environmental sanitation by expanding the use of sanitary toilets for waste disposal. Such assistance shall include direct investments in public health education and strict enforcement of the Building Code.
SECTION 89. ZONING IN THE USE OF PYROTECHNICS AND FIRECRACKERS. The use of pyrotechnics and firecrackers, especially during celebrations and special events, must be regulated. It shall be the responsibility of the respective sanggunians of the component municipalities, in consultation with all concerned sectors, to pass an ordinance designating specific areas where the manufacturing of pyrotechnics and firecrackers shall be done, away from residential areas in the community.
SECTION 90. NOISE LEVEL REGULATION AND MONITORING. The municipal governments and concerned agencies shall strictly regulate and monitor the operation of all noise-producing equipment such as; but not limited to construction and transportation equipment, stationary engines, electrical, electronic and similar equipment and contrivances to ensure that the generated noise and vibration levels are within the noise level standards.
SECTION 91. INFORMATION, EDUCATION AND ADVOCACY. The Provincial Government shall assist the municipal governments, in cooperation with the academe, civil society and the business community, in the implementation of continuing information and education campaign to encourage awareness and vigilance among the citizenry on air/water quality and noise pollution management.
ARTICLE III - CLIMATE CHANGE AND DISASTER RISK REDUCTION
SECTION 92. SCOPE OF POWERS. In the exercise of their respective mandates, the
A. Provincial Government of Camiguin shall:1. Provide technical assistance, enforcement and information management in support of municipal climate change action plans; (Sec. 14, RA 9729
“Climate Change Act of 2009’)2. Maximize the inter-local government unit collaboration in the conduct of climate-related activities;3. Appoint the PEMO for the formulation and implementation of the provincial climate change action plans; (Sec. 18, RA 9729)4. Allocate from its annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building
and direct intervention of its climate change programs and plans; (Sec. 18, RA 9729)5. Conduct, through the PEMO), public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these
effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas;6. Regularly update its action plan to reflect changing social, economic and environmental conditions and emerging issues;7. Furnish the Climate Change Commission established under RA 9729 with copies of its action plans and all subsequent amendments, modifica-
tions and revisions thereof, within one month from its adoption;8. Mobilize and allocate necessary personnel, resources and logistics to effectively implement its climate change action plans; and9. Coordinate with the national government agencies concerned in technical and financial assistance to LGUs in accomplishing Local Climate
Change Actions Plans.
B. Municipal Governments shall:1. Consider climate change adaptation and mitigation as one of their regular functions;2. Formulate, plan and implement their respective climate change action plans consistent with the provincial action plan;3. Appoint the person responsible for the formulation and implementation of their local action plan; (Sec. 18, RA 9729)4. Conduct, through their respective Municipal Environment and Natural Resources Office (MENRO), public awareness campaigns on the effects
of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas;
5. Regularly update their respective action plan to reflect changing social, economic and environmental conditions and emerging issues;6. Furnish the Climate Change Commission established under RA 9729 with copies of its action plans and all subsequent amendments, modifica-
tions and revisions thereof, within one month from its adoption; and7. Mobilize and allocate necessary personnel, resources and logistics to effectively implement its action plans on climate change.
C. Barangay Governments shall:1. Be directly involved with the municipal governments in prioritizing climate change issues and in identifying and implementing best practices
and other solutions; and2. Mobilize and allocate necessary personnel, resources and logistics to effectively implement its climate change action plans.
SECTION 93. OPERATIVE PRINCIPLES. Cognizant of its share in the country’s participation to the United Nation Framework Convention on Climate Change (UNFCC), the provincial government adopts the following:
a. The ultimate objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interfer-ence with the climate system;
b. Precautionary principle shall be the guide in all decision making in climate risk management;c. Climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity.;
andd. The concept of climate change shall be systematically integrated in various phases of local policy formulation, development plans, poverty reduction
strategies and other development tools and techniques by all LGUs.
SECTION 94. LOCAL CLIMATE CHANGE ACTION PLAN. The local government units shall be the frontline agencies in the formulation, planning and implementa-tion of climate change action plans in their respective areas consistent with the provisions of the Local Government Code, the United Nation Framework on Climate Change, and the National Climate Change Action Plan. (Section 14, RA 9729). In the development and implementation of the Local Climate Change Action Plans, the LGUs shall coordinate with the national government agencies, local disaster coordinating councils, non-government organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.
SECTION 95. FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE AND DISASTER RISK REDUCTION. Consistent with the National Framework Strategy, the LGUs shall formulate their respective Local Plan and Program on Climate Change and Disaster Risk Reduction as basis for planning, research and development, extension and monitoring of activities to protect vulnerable communities. The Plan shall be formulated based on climate change and disaster vulnerabilities, specific adaptation needs and mitigation potentials. (Sec. 14, RA 9729)
SECTION 96. FUNDING ALLOCATION FOR CLIMATE CHANGE AND DISASTER RISK REDUCTION. LGUs shall appropriate and use the amount from their Internal Revenue Allotment necessary to effectively implement the local plan on climate change, any provision in the Local Government Code to the contrary notwithstanding.
CHAPTER IV - TOURISM, ENERGY, LAND USE AND ENVIRONMENTAL IMPACT ASSESSMENT
ARTICLE I - ECOLOGICAL TOURISM
SECTION 97. SCOPE OF POWERS. In the exercise of their inherent powers, the local government units shall develop and promote programs on ecological tourism industry and regulate and/or supervise tourism-related business concessions and their operation in accordance with existing applicable laws and issuances.
SECTION 98. OPERATIVE PRINCIPLES. The pursuit of ecological tourism shall be guided by the following operative principles:
A. Ecological tourism is a strategy for:1. The promotion of the natural attractions of the province as a tourist destination;2. The preservation of the unique and cultural heritage;3. The creation of employment opportunities for local residents and ground stakeholders;4. The generation of revenues for the local government units and the communities; and5. The conservation of biological diversity.
B. Prior consultation and consent of the affected community in an assembly called for the purpose shall be the primary consideration in the operation and/or utilization of ecological tourism sites. (E.O No. 774, Sec. 16.c & Sec.16.d; LGC, Sec. 2.c; Sec. 2.i, Tourism Act of 2009)
SECTION 99. COMMUNITY-BASED ECOLOGICAL TOURISM. The Provincial Government hereby adopts community-based ecological tourism to promote com-munity entrepreneurship and biodiversity conservation subject to guidelines which may hereinafter be promulgated.
SECTION 100. SELECTION OF ECOLOGICAL TOURISM SITES. The Provincial Government, in collaboration with the Department of Tourism, DENR, concerned LGUs and stakeholders shall determine, authorize and prescribe parameters for ecological tourism sites visitation and development.
SECTION 101. PREPARATION OF PROVINCIAL ECOLOGICAL TOURISM FRAMEWORK PLAN. In the interest of environmental conservation, the Governor shall direct the development of a Provincial Ecological Tourism Framework Plan based on the ecological tourism standards and guidelines for the develop-ment of sustainable ecological tourism. In the absence of a municipal eco-tourism plan, the Provincial Government may provide technical assistance for the drafting of the said plan. No ecological tourism sites shall be authorized for commercial visitation, development or operation without a duly approved municipal ecological tourism plan.
SECTION 102. PROVINCIAL ECOLOGICAL TOURISM PLAN REVIEW. The Provincial Ecological Tourism Council (PETC) shall be created to review the Provincial Eco-Tourism Plan taking into consideration the following:
A. Prioritization of existing ecological tourism sites for development on the basis of the following factors:1. market potential;2. infrastructure investment requirement;3. economic viability;4. strategic position for tourism expansion;5. community participation;6. biodiversity conservation;7. environmental rehabilitation advantage; and8. institutional arrangement with LGUs, NGAs and CSOs
B. Determination of appropriate type of development and management for each prioritized site.
ARTICLE II - ENVIRONMENTAL IMPACT ASSESSMENT
SECTION 103. SCOPE OF POWERS. In the exercise of their inherent powers, duties and functions, the local chief executives shall ensure appropriate preventive and mitigating measures to safeguard the environment in the implementation of projects or undertakings.
SECTION 104. OPERATIVE PRINCIPLES. The Provincial Government recognizes the need of an effective instrument for ensuring environmental soundness of all development projects to achieve a balance between economic growth and community development and ecosystem in the province. As such, the Province adopts the following:
a. The Environmental Impact Assessment (EIA) system shall be strictly required in the preparation, identification and implementation of all development projects covered by the system;
b. The right of people to safe water and clean air shall be given paramount consideration in the identification and implementation of development projects; and
c. The need for free-prior informed-consent of affected communities by the proposed development programs shall be secured aside from the Environmental Compliance Certificate (ECC). (DENR Circular 08-2007)
SECTION 105. VALIDATION OF SCOPING SESSIONS. The Governor, through the PEMO), shall participate in the scoping sessions and assist EIA preparers and EMB in identifying and validating the stakeholders.
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e. Access and autonomy in the management of common resource such as water and biodiversity of domesticated animal and plant genetic resources in agriculture shall be assured;
f. Environmental management tools shall be adopted in policy and decision-making for all stages of economic productivity;g. Environmental protection is a shared responsibility of all;h. Environment-friendly and location-specific technologies in sustainable agriculture shall be promoted;i. In agricultural genetic engineering, precautionary principle must always be upheld; andj. Food self-sufficiency and security shall be of utmost consideration in all economic and development activities.
SECTION 48. AGRICULTURAL POLICY REVIEW AND AGRICULTURAL IMPACT ASSESSMENT. The Office of the Provincial Agriculturist, in collaboration with research institutions and concerned agencies, shall conduct a comprehensive survey, benchmark study and assessment of the impact of agriculture to various ecosystems every five years, or as the case so requires, which shall be the basis in the conduct of agricultural policy review.
SECTION 49. PROVINCIAL SUSTAINABLE AGRICULTURE MASTER PLAN. Within one year upon the approval of this Code, the Office of the Provincial Agriculturist shall formulate a Provincial Sustainable Agriculture Master Plan (PSAMP).
SECTION 50. PLANT AND ANIMAL GENETIC RESOURCE BASE. The Province of Camiguin shall assist, support, encourage and access Camiguin-based institu-tions of higher learning offering agriculture courses to establish their own Gene Bank of indigenous species, traditional varieties and cultivars of rice, corn and other food crops, as well as a data bank of indigenous knowledge systems and practices related to traditional and organic farming inherent to the people.
SECTION 51. PROTECTION FOR SMALL FARMERS. There shall be an Agri-Business Section in the Office of the Provincial Agriculturist that is responsible for marketing information and networking with informal and institutional buyers, to facilitate information dissemination of farm and other products to producers and potential market outlets. The section shall ensure that small farmers are protected from exploiters from among the traders, financiers or any market force or group.
SECTION 52. CONSERVATION OF ANIMAL AND PLANT GENETIC RESOURCES. There shall be a program for breeding, conservation and sustainable utilization of animal and plant genetic resources for food and sustainable agriculture in the province through the process of participatory technology development which shall be managed and directed towards the primary stakeholders, the farmers.
SECTION 53. MARKETING SUPPORT. Special Marketing and Promotions support mechanisms for all programs under this Article shall be provided by the existing Camiguin Island Traders Cooperative (CITC) in coordination with concerned government agencies and LGUs.
ARTICLE VI - WILDLIFE, GENETIC RESOURCES AND BIODIVERSITY
SECTION 54. SCOPE OF POWERS. In the exercise of their powers, functions and responsibilities, the LGUs shall enforce biodiversity conservation and formulate legislation for the protection of species of flora and fauna endemic to the province inconformity with Wildlife Resources Conservation and Protection Act (RA 9147) and other existing laws, rules and regulations.
SECTION 55. OPERATIVE PRINCIPLES. Policies on wildlife, genetic resource and biodiversity conservation, protection and development in the province shall be guided by the following operative principles:
a. The integrity and carrying capacity of resource base, especially genetic resources of both plant and animals shall not be degraded in the process of development;
b. Policies shall be based on studies of biological limits of natural resource capacity, resilience and renewability;c. Environmental protection especially of wildlife habitat, niche and genetic biodiversity belts shall be viewed by all as a shared responsibility;d. Biological diversity shall be conserved through institutional support and direct involvement of local communities especially the Indigenous Peoples; ande. The Precautionary Principle shall at all times be upheld in the face of contentious issue of genetic-based erosion and genetic pollution vis-a-vis transgenic
organisms through genetic engineering.
SECTION 56. RESOURCE PROFILING. The Provincial Government in coordination with concerned government agencies and Civil Society Organizations (CSOs) shall conduct resource profiling of existing vegetative cover, endemic species of flora and fauna, particularly threatened and endangered species, as well as their important habitat, nesting and breeding sites especially in Mt. Timpoong Hibok-Hibok Natural Monument Protected Area.
SECTION 57. DECLARATION OF THE SPECIFIC AREAS/HABITATS AS GAME REFUGE AND WILDLIFE SANCTUARY. The Provincial Government shall coordinate with the Protected Area Management Board in the identification of specific areas within its territorial jurisdiction, which shall be declared as game refuge and wildlife sanctuaries.
SECTION 58. SANCTUARY FOR CAMIGUIN HANGING PARROT (KUSISI), APOMYS SPECIES (BAGTOK), TURTLE SANCTUARIES ESPECIALLY IN MANTIGUE ISLAND, AND OTHER ENDANGERED ENDEMIC SPECIES. Each municipal government shall identify and delineate habitats for endangered and endemic species in their localities. Appropriate ordinance shall be passed declaring sanctuaries for the same as well as the establishment of refuge and rescue centers.
SECTION 59. REGULATION OF PROSPECTING BIOLOGICAL AND GENETIC RESOURCES, THEIR BY-PRODUCTS AND DERIVATIVES FOR COMMERCIAL, SCIENTIFIC AND OTHER PURPOSES. All individuals and business entities engaged in the prospecting of biological and genetic resources, their by-products and derivatives for scientific and other purposes shall be subject to existing laws, rules and regulations for said purposes. The Provincial Government shall formulate policies and regulations for the protection and conservation of endemic species and habitat diversity protection. Such policies shall give priority for the promotion of local capability and indigenous knowledge systems, science and technology.
SECTION 60. PROVINCIAL GENETIC RESOURCES BIODIVERSITY AND SEED BANK. The Provincial Government, in collaboration with the DENR, local research centers, appropriate government research centers, concerned government agencies and civil society organizations shall establish, operate and manage community-based “in-situ” and “ex-situ” Provincial Genetic Resources Biodiversity and Seed Bank.
SECTION 61. PARTICIPATION OF THE INDIGENOUS PEOPLES IN BIODIVERSITY PROTECTION. The Provincial Government, in recognition of the natural link of indigenous people to nature, shall harness their participation in the protection of genetic biodiversity resources from extinction and bio-piracy. Provided, that this indigenous people are genuine replica of an indigenous tribe.
CHAPTER III - ENVIRONMENT MANAGEMENT
ARTICLE I - ECOLOGICAL SOLID WASTE MANAGEMENT
SECTION 62. SCOPE OF POWERS. In the exercise of their respective mandate, the local government units shall:a. Establish a solid waste management system that promotes waste reduction, segregation, reusing, recycling, recovery and composting;b. Provide services and facilities related to general hygiene and sanitation, beautification, and solid waste collection particularly on compostable and
recyclable wastes;c. Ensure the proper segregation, collection transport, storage, treatment, and disposal of solid waste through the formulation and adoption of the best
environmental practices;d. Enforce pollution control laws and other laws for the protection of the environment in coordination with other agencies; ande. Formulate and enforce solid waste management in conformity with R.A. 9003 “ Ecological Solid Waste Management Act of 2000”.
SECTION 63. OPERATIVE PRINCIPLES. The initiatives of the Provincial Government on general hygiene and sanitation, environment protection and sustainable development shall be governed by the following principles:
a. The people have the right to a balance, beautiful and healthful environment;b. Efficient management of solid waste shall be a shared responsibility of the populace and government; c. Sustainable ecological solid waste management shall be guided by the 3Rs: Reduce, Reuse and Recycle; andd. The Local Government Unit at the Barangay level should strictly implement the waste segregation program (3Rs: Reduce, Reuse and Recycle) and
the establishment of the respective Material Recovery Facilities (MRFs).
SECTION 64. PROVINCIAL SOLID WASTE MANAGEMENT PLAN. The Provincial Government, through the Provincial Solid Waste Management Board, shall formulate a 10-year Provincial Solid Waste Management Plan based on thorough evaluation of the existing best practices and/or the solid waste management plans of the barangays and municipalities.
SECTION 65. MONITORING, EVALUATION AND UPDATING. The Provincial Government shall oversee the implementation of the Provincial Solid Waste Manage-ment Plan and regularly assess solid waste management within the province through periodic monitoring and evaluation of the plan implementation. Further, the local government units shall undertake parallel activities through their respective Local Solid Waste Management Boards and Committees.
SECTION 66. DECLARING CAMIGUIN AS A PLASTIC FREE ZONE.
SECTION 67. LOCAL WASTE CHARACTERIZATION SCHEME. The Provincial Government shall enforce the compliance of the municipal and barangay govern-ments in the characterization of waste disposal.
SECTION 68. PROVINCIAL SOLID WASTE DIVERSION TARGET. The Provincial Government shall enforce the mandated solid waste diversion target of 25% of all solid wastes from waste disposal facilities through the 3Rs approach, and adopt waste diversion target set by the National Solid Waste Management Commission (NSWMC).
SECTION 69. CLOSING OF OPEN DUMPS AND GRADUAL PHASING OUT OF CONTROLLED DUMPS FOR SOLID WASTE. The Provincial Government shall assist the lower LGUs in the closing of open dumps and gradual phasing out of controlled dumps and the establishment of sanitary landfill or cluster sanitary landfills. That the LGUs shall appropriate funds to support the establishment and operation of sanitary landfill.
SECTION 70. IDENTIFICATION OF AREAS AND LGUs WITH COMMON SOLID WASTE MANAGEMENT PROBLEMS. The Provincial Government, through the Provincial Solid Waste Management Board, shall identify areas and LGUs with common solid waste management problems, in accordance with existing guidelines, and integrate the existing 10-year Solid Waste Management Plans of concerned LGUs.
SECTION 71. SUPPORT TO COMPONENT MUNICIPALITIES. The Provincial Government may provide or augment the basic services and facilities assigned to lower level LGUs when such services or facilities are not available or inadequate to meet the requirements of its constituency. Likewise, component municipality shall assist barangay LGUs and ensure that segregation and collection of wastes are implemented at the barangay level.
SECTION 72. SUPPORT TO ECONOMIC ENTERPRISE. The Provincial Government shall extend technical support to cooperatives, individuals and entities who shall engage in project/enterprise that will complement the efforts of LGUs in mitigating solid waste management problems, subject to reasonable guidelines.
SECTION 73. PENALTIES AND ADMINISTRATIVE SANCTIONS. Imposition of penalties and administrative sanctions for violations of the provisions of RA 9003, specifically Sections 49, 50 and 88 and the Solid Waste Management Ordinance shall be determined by the respective Municipal Sanggunians. However, some violations not covered by RA 9003 shall be dealt with Article IV.
ARTICLE II - AIR QUALITY, WATER QUALITY AND NOISE POLLUTION MANAGEMENT
SECTION 74. SCOPE OF POWERS. In the exercise of their inherent powers, the local government units shall:
a. Monitor air quality, water quality and noise pollution management of industries, motor vehicles, slaughterhouses, markets, agri-industries, hotels, busi-nesses and other activities that contribute to pollution;
b. Implement measures to prevent and control, air, water and noise pollution in coordination with LGUs and other agencies/offices;c. Enact and enforce measures for the abatement of air, water and noise pollution.
SECTION 75. OPERATIVE PRINCIPLES. The policies on air quality, water quality and noise control management shall be governed by the following:
a. Air/water quality and effective noise management are imperatives to authentic human development and progress; andb. Maintenance of air/water quality and noise control is a shared responsibility of all stakeholders.
SECTION 76. VEHICLE EMISSION CONTROL. The Provincial Government, in collaboration with the Department of Transportation and Communication, Land Transportation Office and Department of Environment and Natural Resources , shall establish a monitoring system to ensure that the emissions of vehicles operating within the province are in accordance with the approved air quality standards.
SECTION 77. POLLUTION CONTROL. Commercial firms and other pollution point sources operating in the province shall comply with the air/water quality standards prescribed by law.
SECTION 78. SMOKING REGULATION. The LGUs shall enforce the prohibition of smoking in public places and ensure that the owner, proprietor, possessor, manager or administrator of such places has established smoking areas pursuant to Republic Act No. 9211 (ANTI-SMOKING ORDINANCE) and Provincial Ordinance No. 2008-06. Hence, there shall be no smoking areas to be designated in all government institutions.
SECTION 79. MONITORING. A Multi-Sectoral Monitoring Team is hereby created to monitor the compliance of commercial firms with the air quality standards and to respond to complaints on air, water and noise pollution.
SECTION 80. BAN ON BURNING. Burning of any material contributory to air and water pollution shall be banned except for traditional small-scale method of com-munity/neighborhood sanitation “haling”, traditional, agricultural kiln drying, cultural, health and food preparation and crematoria.
SECTION 81. ZONING CLEARANCES AND BUILDING PERMITS. The municipal governments shall be responsible in enforcing compliance with zoning and building regulations in all infrastructure projects and other economic activities which may generate air, water and noise pollutions.
SECTION 82. MANAGEMENT OF AIRSHEDS AND NON-ATTAINMENT AREAS. The Camiguin Air Shed Governing Board (CAGB) is hereby created which shall perform the following functions:
a. Formulation of policies; OrdinanCe | page 12
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SATURdAy-SUNdAy | FEBRUARy 23-24, 201312E. Lakes and Waterfalls Development Program which shall develop the marshes, lakes and waterfalls of the province. Communities surrounding these
bodies of water shall be partners of the government to achieve sustainable and mass-based programs.
F. Resorts Development Program which shall encourage the development of environment-friendly resorts as avenues for the promotion of ecological awareness and advocacy campaign, natural habitat conservation, proper waste management and other similar undertakings to further promote healthful ecology.
G. “Luntiang-Camiguin” Program which shall provide a greener and healthier environment through massive reforestation and afforestation. The PEMO shall identify areas for community-based reforestation.
H. Camiguin Tree Planting Program. Planting of trees every Camiguin Foundation Day Celebration at least 10 seedlings each government employee.
I. “TanimKo, AlagaanKo, PamanaKo” (TAP). A program which shall require all public and private graduating pupils and students in all levels to plant a tree each at the start of the school year in a designated or preferred areas.
J. Establishment of Agro-Forest Nurseries for each municipality.
K. Establishment of Seed Bank for storage, propagation of endemic and indigenous seeds and seedlings as a backbone strategy in the province’ refor-estation and afforestation.
L. “Bantay Kalikasan” is a community-based program which shall be established to promote vigilance in the protection and conservation of the environment among the local residents.
M. Sloping Agricultural Land Technology or SALT shall require the gradual adoption of the SALT approach in all sloping agricultural areas.
ARTICLE III - PROHIBITED AND PUNISHABLE ACTS
SECTION 130. FOREST RESOURCES. Under Article I of Chapter II, the following acts shall be prohibited and punishable:
a. Cutting, gathering, collection, removing or selling of natural growing trees from forest land;
Unauthorized cutting, gathering, collection, selling of natural growing trees from alienable and disposable lands and from private lands;
Unauthorized movement of timber/lumber from one place to another.
b. Use of unregistered or unlicensed chainsaws and similar tree-felling equipment unless a current and valid license or permit for the use thereof is issued by authorized agencies;
c. Operation of sawmills and other wood processing plants without the required permit to operate;d. Hunting, destroying or mere possession of any plant, animal or other forest product both living and non-living and other species considered endangered
or threatened pursuant to existing laws; ande. Use of unregistered or unlicensed hunting paraphernalia such as airguns, shotguns, and similar devices unless covered by a valid permit.
SECTION 131. MINERAL AND OTHER QUARRY RESOURCES. Under Article II of Chapter II, the following acts shall be prohibited and punishable:
a. Quarrying and mining activities without a permit or license duly issued by the Governor or appropriate agency having authority and jurisdiction thereto;b. Presentation of any false application, declaration or evidence to the government or publishes or causes to be published any prospectus or other informa-
tion containing any false statement relating to quarrying and mining operation;c. Extraction or removal of quarry materials within public water supply within a distance of one kilometer radius from the boundaries of water source
established and historical sites and any public or private works or structures; (Ordinance No. 8, Series of 2003)d. Extraction or removal of quarry material within the fifty-meter distance from riverbanks and tributaries and within one kilometer from bridges and dams
upstream and downstream; ande. Preventing or obstructing the holder of any permit, agreement or lease from undertaking quarrying operations without justifiable cause.
SECTION 132. WATER RESOURCES. Under Article III of Chapter II, the following acts shall be prohibited and punishable:
a. Discharging wastewater and sewage system without adequate and effective treatment facilities;b. Discharging treated or untreated industrial or domestic sewage into potable water source and water suitable for marine life;c. Building, installing or using any equipment concealing an effluent;d. Constructing houses and other physical structures within the lakes or riverbanks except for areas identified by the CLUP as multiple use or buffer zones;e. Developing a stream, lake, waterfalls, marshland or pond for recreational or commercial purposes without the necessary permit from the National Water
Resources Board and the local government unit concerned in addition to an Environmental Compliance Certificate;f. Raising or lowering of the water level of a stream, river, lake, marsh or pond or draining of the same without the necessary government clearance and/
or permit;g. Water impounding prejudicial to downstream or upstream communities; andh. Drilling of well for commercial and industrial purposes without a permit from the National Water Resources Board and the necessary clearances issued
by the concerned local government units.
SECTION 133. COASTAL AND MARINE WATER RESOURCES. Under Article IV of Chapter II, the following acts shall be prohibited and punishable:
a. Fishing through the use of explosives, noxious or poisonous substances and electricity;b. Use of fine mesh net;c. Fishing in over-fished area and during closed season;d. Fishing in fishery reserves, refuge and sanctuaries;e. Fishing or taking rare, threatened of endangered flora and fauna species; andf. Fishing with the aid of air compressor or “huka”.
SECTION 134. WILDLIFE, GENETIC RESOURCES AND BIODIVERSITY. Under Article VI of Chapter II, the following acts shall be prohibited and punishable:
a. Exploitation, hunting and unauthorized collection of endangered species;b. Unauthorized bio-prospecting;c. Transfer and unauthorized sale of seeds from the seed bank; andd. Sale of flora and fauna from the protected areas.
SECTION 135. ECOLOGICAL SOLID WASTE/WATER MANAGEMENT. Under Chapter III, the following acts shall be prohibited and punishable:
a. Littering in public places and improper disposal of garbage and other form of uncleanliness pursuant to Presidential Decree No. 825, otherwise known as the “Garbage Disposal Law of 1975” and Presidential Decree 856, otherwise known as the “Code of Sanitation of the Philippines”;
b. Construction of dumpsites or industrial settlements and waste treatment plants within one kilometer from rivers or any water bodies pursuant to existing laws;
c. Dumping or disposing of waste into any body of water where waste are likely to be washed into the water; andd. Other prohibited acts as cited under Republic Act 9003, otherwise known as the Ecological Solid Waste Management Act of 2000 and similar laws,
ordinances and issuances, such as:
1. Open burning of solid waste;2. Squatting in dumpsites and landfills;3. Open dumping, burying of biodegradable and non-biodegradable materials in flood prone areas;4. Manufacture, distribution or use of non-environmentally acceptable packaging materials;5. Dumping of toxic substances, nuclear and hazardous waste; and6. Construction of any establishment within two hundred meters from dump sites or sanitary landfills.
SECTION 136. AIR QUALITY, WATER QUALITY AND NOISE POLLUTION MANAGEMENT. Under Article II of Chapter III, the following acts shall be prohibited and punishable:
a. The operation of any vehicle that discharges air pollutants above the prescribed levels;b. Burning of agricultural and hospital wastes;c. The processing, sale, distribution, use and disposal of persistent organic pollutants;d. Generating noise and vibration levels which are not within the acceptable noise standards;e. Smoking in non-designated smoking places and conveyances; andf. Misdeclaration and manipulation of emission test procedure and results.
SECTION 137. ECOLOGICAL TOURISM. Under Article I of Chapter IV, the following acts shall be prohibited and punishable:
a. Developing ecological tourism sites, such as streams, lakes, marshlands, ponds, caves, mountain trails, hot springs, camp sites, springs, sanctuaries and waterfalls and other eco-tourism potential resources for recreational or commercial purposes, without appropriate permit from the agencies concerned;
b. Unlicensed and unaccredited tourist guides, drivers, escorts, promoters, service providers, coaches, conveyances and other tourism-related services;c. Destruction and unauthorized collection and selling of wild flora and fauna in ecological tourism sites;d. Charging exorbitant fees to tourists and visitors;e. Abusive behavior towards tourists and visitors and vice-versa;f. Vandalism;g. Deliberate and unauthorized entry to restricted areas;h. Desecration of sacred cultural , archeological and historical areas and sites; andi. Indiscriminate disposal of garbage and wastes;
ARTICLE IV - PENAL PROVISIONS
SECTION 138. GENERAL PROVISIONS. The “person” or “persons” as used in this Chapter shall refer to individuals, corporations or entities who may be subjected to civil, penal or monetary liability and penalized as imposed, at the discretion of a competent court.
The penalty provided herein shall be in addition to the penalty that may be provided by any other law or ordinances, provided however, that the prosecution or law enforcer shall charge the offender or violator with the law providing a heavier penalty in case it appears that a single act is punishable by two or more laws, ordinance and provisions thereof with different penalties or in case filing more than one charges may amount to double jeopardy.
SECTION 139. FINES AND PENALTIES. Any person found guilty of violation of any provision of this Code shall be punished with an imprisonment of not exceeding one year or a fine of not more than P5,000 or both in the discretion of the court, without prejudice to the filing of the appropriate administrative, civil or criminal action.
SECTION 140. ADMINISTRATIVE SANCTIONS. Government officials and employees who fail to comply with and enforce the provisions of this Code and its imple-menting rules and regulations shall be charged administratively in accordance with existing laws, rules and regulations.
SECTION 141. OTHER SANCTIONS. Violation of Sections 89, par. 2 and 126 – 133 hereof shall be penalized in accordance with the provisions of this Code. In addition to confiscation and/or cancellation of permits or licenses, closure of establishments and/or replevin, violators shall also be liable to any damage and compensation. In the case of associations, partnerships or corporations, the president and the governing board thereof shall be responsible for the acts committed by such entity.
CHAPTER VI - IMPLEMENTING MECHANISMS
ARTICLE I – CAMIGUIN ECOLOGICAL SOLID WASTE MANAGEMENT BOARD
SECTION 142. CREATION. The Camiguin Ecological Solid Waste Management Board, hereinafter referred to as CESWMB, is hereby established pursuant to Republic Act No. 9003, otherwise known as The Ecological Solid Waste Management Act of 2000.
SECTION 143. POWERS AND FUNCTIONS. The CESWMB shall prepare, submit and oversee the implementation of plans for the safe and sanitary management of solid waste generated in areas within the province.
SECTION 144. MEETINGS. Regular meetings of the CESWMB shall be at least twice a year. Special meetings may be called by the Chairperson as the need arises or at the request of at least four members thereof; provided, that such notice of special meeting shall be served at least three days before the scheduled date.
SECTION 145. COMPOSITION OF THE CESWMB. The CESWMB shall be composed of the following:
a. All the mayors of the component municipalities;b. One representative from the Sangguniang Panlalawigan to be represented by the chairperson either by the Committee on Environment or the Committee
on Health or their representatives to be nominated by the presiding officer;c. The Provincial Health and/or Provincial General Services Officer, whomever may be recommended by the Governor;d. The Provincial Environment Management Officer;e. The Provincial Engineer;f. Congressional representative from each congressional district within the province;g. Representative from the recycling industry, if there is any;h. Representative from the manufacturing or packaging industry, if there is any;i. Representative from each concerned government agency relevant to technical and marketing expertise as may be determined by the Board; andj. At least three representatives from NGOs.
Ordinance...from page 11SECTION 106. CONSISTENCY OF THE PROPOSED EIS DOCUMENT TO THE PROVINCIAL POLICIES AND PLANS. The Governor, through the PEMO, shall ensure
that the proposed project or undertaking shall adhere to the over-all policies and plans of the Provincial Government relative to the environmental conservation and protection. This shall be undertaken in the early stage of the EIA process particularly during the conduct of scoping
SECTION 107. SOCIAL ACCEPTABILITY. The acceptability of the environmental impact of a project or undertaking can only be fully determined through meaningful public participation and a transparent EIS process. In determining social acceptability, the provincial government shall consider, among others, the following factors:
a. ecological/environmental soundness of the proposed project;b. effective and open public participation process;c. resolution of conflicts;d. promotion of social and inter-generational equity and poverty alleviation;e. participation and approval of concerned LGUs;f. effective environmental monitoring and evaluation; andg. mitigation and enhancement measures.
SECTION 108. ENDORSEMENT OF PROJECTS OR UNDERTAKINGS. Projects or undertakings requiring EIA shall secure an endorsement through a Sanggunian resolution from the LGUs at all levels.
SECTION 109. REVIEW OF THE IEE OR EIS DOCUMENT. When public interest so dictates or for other compelling reasons, the Provincial Governor, through the PENRO, shall convene the Provincial EIA Review Committee (PEIARC) to validate the IEE/EIS through appropriate methods such as ocular inspection/site visits and technical studies conducted by experts and relevant institutions prior to endorsing the project or undertaking through a resolution to the DENR-EMB.
SECTION 110. COMPOSITION OF THE PROVINCIAL EIA REVIEW COMMITEE. There is hereby created an interdisciplinary and multi-sectoral Provincial EIA Review Committee (PEIARC) which shall be responsible for undertaking the substantive review of the IEE/EIS submitted by the proponent. However, only accredited reviewer can be a member of the PEIARC.
SECTION 111. LAW ENFORCEMENT. The Governor, through the EIA Multi-Sectoral Monitoring Team, and in coordination with the DENR, shall ensure the strict enforcement of existing environmental laws, rules and regulations and mitigating measures provided in the EIS.
SECTION 112. COMPLIANCE FOR PROJECTS COVERED BY THE EIA SYSTEM. The DENR, through its EMB, shall furnish the Governor list of projects and establishments covered by the EIA system.
SECTION 113. ENVIRONMENTALLY CRITICAL AREAS. The Provincial Government, in close collaboration with the DENR–EMB and other government agen-cies, shall identify the location of Environmentally Critical Areas (ECAs) for the integration of the identified ECAs in the Provincial Physical Framework Plan.
SECTION 114. ENVIRONMENTAL GUARANTEE FUND (EGF). The Provincial Government, through the Multipartite Monitoring Team (MMT) Executive Committee, shall participate in the negotiation and review of the Memorandum of Agreement (MOA) by and between the project developer and concerned parties for the establishment of an Environmental Guarantee Fund (EGF) for projects posing significant risks to answer for damage to life, health, property and the environ-ment caused by such risk, or for those requiring rehabilitation or restoration measures.
ARTICLE III – ENERGY
SECTION 115. SCOPE OF POWERS. In the exercise of their powers, duties and functions, the Provincial Governor, Municipal Mayors and Punong Barangays shall adopt measures to safeguard and conserve the environment in general. Local government units shall adopt measures for the protection of the environment in relation to the development and generation of electric power from indigenous and renewable resources such as geothermal, solar, hydro, wind farm and other natural sources.
SECTION 116. OPERATIVE PRINCIPLES. The Provincial Government recognizes the fact that it has varied renewable energy sources such as geothermal, solar, hydroelectric and other natural sources, and that unless appropriate proactive measures are put in place, energy development in the province will have ir-reparable damage to the environment and to the socio-cultural well-being of the people. Thus, energy utilization and management in the Province of Camiguin shall be guided by the following:
a. The free and favorably informed consent of the people and the prior endorsement through a sanggunian resolution from the LGUs at all levels shall be the paramount consideration in carrying out all energy development initiatives in the Province of Camiguin.
b. Every national agency or government-owned or controlled corporation authorizing or those involved in the planning and implementation of any project or program shall be required to consult with the local government units, civil society organizations and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof pursuant to Section 26 of Republic Act No. 7160;
c. Environmental laws, rules and regulations shall always govern the generation, distribution and transmission activities of power producers in the province;d. Host communities shall enjoy the right to an equitable share from the wealth generated from the utilization of the province’ energy resources; ande. The primary consideration of the province in entering into agreements with power developers shall be the comparative cost advantage which the end-
users of the province shall enjoy over those outside the province.
SECTION 117. RESOURCE UTILIZATION. Cognizant of the vital role of electric power in economic development, the Provincial Government shall encourage the development and utilization of indigenous and renewable energy sources such as solar, natural gas, windmill, biomass and hydropower for immediate and future applications.
SECTION 118. MANAGEMENT ZONE. Power producers are required to establish, protect, maintain and develop management zones.
SECTION 119. BENEFITS TO HOSTS.
a. COMMUNITIES. Power generation facilities and/or energy resources development projects shall provide the inhabitants of host communities financial benefits and lower electricity cost either through subsidy and/or non-subsidy schemes.
b. LGUs. Host LGUs shall be entitled to an equitable and just share of the proceeds derived from the development and utilization of the national wealth.c. PROVINCE. The Provincial Government hereby adopts the “One Province, One Electric Cooperative” policy.
Further, it shall enter into agreement with power generation companies and/or energy resource developers to commit funds to be managed by the Provincial Government for:
1. Research and Development;2. Consumer Welfare;3. Monitoring and Evaluation; and4. Fund for affected communities.
SECTION 120. EDUCATION AND PROTECTION. The Provincial Government, in coordination with concerned national agencies, local government units, service utilities, academe, tri - media, civil societies and consumer groups or associations, shall undertake continuing education, information and consumer welfare and protection programs for energy sector consumers.
ARTICLE IV - LAND USE
SECTION 121. SCOPE OF POWERS. In the exercise of their inherent powers, duties and functions, the local government units shall adopt adequate measures to safeguard and conserve land, mineral, fresh water, forest and other resources pursuant to Republic Act No. 7160 and other related laws and issuances.
SECTION 122. OPERATIVE PRINCIPLES. Land Use Planning shall be based on the following operative principles:a. Watershed planning and disaster risk reduction approaches shall be paramount in the preparation of Provincial and Municipal Comprehensive Land Use
Plans (CLUPs);b. The formulation and updating of CLUPs shall be based on land suitability assessment without prejudice to the environment;c. Utmost precaution against the following conditions shall be considered in the conversion or reclassification of land:
c.1 soil erosion, siltation and sedimentation, and destruction of critical habitats;c.2 reduction of agricultural lands beyond the limits prescribed by law;c.3 destruction of fishery grounds and the decline in fish catch; andc.4 destruction of natural heritage assets due to mining and quarrying activities in environmentally critical areas.
d. Unless otherwise identified as eco-tourism sites, river banks, buffer zones and other public easements shall not be subject to human exploitation or manipulation;
e. The rights of the indigenous people in their ancestral domain shall be protected;f. Appropriate management and maintenance of duly classified wetlands and production forest ensures sustainability, productivity and stability;g. Programs and projects affecting land use implemented within the territorial jurisdiction shall be co-managed by the LGUs and respective national agen-
cies; andh. Transparency, accountability and participatory process in the preparation of the CLUP shall be strictly observed.
SECTION 123. CLUP FORMULATION. The local government units shall formulate and update their respective CLUPs in conformity with the standards and guidelines prescribed by the Housing and Land Use Regulatory Board (HLURB) and the Provincial Physical Framework Plan.
SECTION 124. LAND USE RECLASSIFICATION. The local government units may cause the reclassification of agricultural lands where the land ceases to be economically feasible or sound for agricultural purposes as determined by the Department of Agriculture, or where the land shall have substantially greater economic value for residential, commercial uses as determined by the Sanggunian concerned. All land reclassified as non-agricultural by virtue of the CLUP are hereby exempt from the Department of Agrarian Reform proceedings.
SECTION 125.CLUP REVIEW AND APPROVAL. The Sangguniang Panlalawigan shall review and approve the comprehensive land use plans enacted through zoning ordinance of municipalities. The CLUP technical review shall be conducted to:
a. Ensure that the land use plans of municipalities are consistent with the Provincial Physical Framework Plan (PPFP);b. Recommend solutions to settle disputes among component units over alternative uses of land resources; andc. Promote community-based programs for sustainable development.
SECTION 126. PROVINCIAL LAND USE COMMITTEE (PLUC). The PLUC shall assist the Sangguniang Panlalawigan in reviewing the Comprehensive Land Use Plans of municipalities. For the purpose of policy coordination and uniformity in operation direction, the PLUC shall be under the Provincial Development Council. Any local planning and development coordinator, other officials of component units and field officers of national government agencies operating in the province or region may be called upon by the PLUC to assist in the formulation of the said land use plans. Among others, it shall be the duty of the PLUC to:
a. Call upon the concerned Municipal Planning and Development Coordinator (MPDC) and their respective Municipal Land Use Committees (MLUCs) whenever their respective land use plans are deliberated on by the committee; and
b. Submit its findings and recommendations to the Sangguniang Panlalawigan through the Chairman, Committee on Urban Planning, Housing Resettlement and Landed Estate;
SECTION 127. COMPOSITION OF THE PLUC. The PLUC shall be composed of the Provincial Planning and Development Officer as Chairman, the Provincial Agriculturist, the Provincial Assessor, the PEMO, representative/s of civil society organization that are represented in the Provincial Development Council and representatives from the concerned national government agencies as members.
CHAPTER V - MISCELLANEOUS AND PENAL PROVISIONS
ARTICLE I - INCENTIVES AND AWARDS
SECTION 128. INCENTIVES AND AWARDS SYSTEM. The Provincial Government shall adopt an incentives and awards system to recognize local government units, agencies, organizations and individuals that have undertaken outstanding and innovative projects, techniques, initiatives or activities in the conservation of the natural resources and ecosystem of the Province.
ARTICLE II - SPECIAL ENVIRONMENTAL PROGRAMS AND PROJECTS
SECTION 129. SPECIAL ENVIRONMENTAL PROGRAMS. There shall be established special conservation and/or development programs and projects addressing specific environmental concerns aimed to accomplish long-term initiatives, such as:
A. Camiguin Eco-Park to strengthen the community within the reservation and protected area that shall serve as showcase of indigenous heritage and culture to promote tourism. The occupants of the village shall be an integral part of the eco-tourism park. Its sub-projects may include the following:1. Lingap-hayop Conservation Project to protect and conserve the different species of important fauna including eagle, civet and kusisi sanctuary.2. Butterfly Farm Dome and Orchidarium for the conservation of different species of butterflies and endemic orchids.3. Botanical Garden to showcase different species and varieties of flora.
B. Caves Preservation Program which shall encompass the safeguarding of the existing wildlife, creatures and conservation of natural habitat and forma-tions including archaeological , speleological and paleontological remains.
C. Springs and Waterfalls Conservation Program which deals with the conservation of the existing springs and waterfalls of the Province.
D. Rivers, Streams and Creeks Conservation and Rehabilitation Program which focuses on the protection from pollution, denudation and soil erosion through riverbank rehabilitation and vegetative means and provision of easements.
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ARTICLE II – SPECIAL CONCERNS
SECTION 146. THE CAMIGUIN RIVER/CREEK SYSTEM. The Provincial Government shall initiate programs and enact ordinances that aim to protect, preserve, rehabilitate and develop the river/creek system within the province.
SECTION 147. THE TAGUINES LAGOON CONSERVATION AND DEVELOPMENT COUNCIL (TLCDC). There shall be created a Taguines Lagoon Conservation and Development Council. The Provincial Government shall support, strengthen and enable the said council.
SECTION 148. MT. TIMPOONG-HIBOK-HIBOK NATURAL MONUMENT. The Provincial Government shall work closely with the PAMB in the management of the Mt. Timpoong-Hibok-Hibok Natural Monument. It shall support government and private initiatives for its rehabilitation and development.
SECTION 149. THE CAMIGUIN MARINE PROTECTED AREA NETWORK and MANAGEMENT COUNCIL. The Provincial Council shall continue to support, strengthen and enable the Camiguin MPA Network and its Management Council. Enact relevant guidelines, policies and provide funding support for the management and development of the overall coastal and marine habitats and its resources.
ARTICLE III - ENVIRONMENTAL IMPACT ASSESSMENT MULTI-PARTITE MONITORING TEAM
SECTION 150. CREATION. The Governor, through an executive order, shall create an interdisciplinary-multi-partite Environmental Impact Assessment Monitoring Team, the officers of which shall be elected from among the members thereof.
SECTION 151. FUNCTIONS. The functions, duties and responsibilities of the Team shall be as follows:
a. Monitor the implementation of projects within the context of the approved project proposal and conditions embodied in the EIS;b. Monitor the level of proponent’s compliance on conditions set by the DENR on ECC and permits issued to projects operating in the province;c. Gather relevant information to determine cause of environmental damage and respond to public complaints about the subject project;d. Prepare, integrate and disseminate monitoring status reports and undertake community education and information dissemination;e. Participate in environmental law enforcement;f. Conduct regular inventory of establishments operating in the province;g. Submit proposed annual budget and periodic status reports to the Governor, through the PEMO; and
SECTION 152. COMPOSITION. Membership of the Multi-Partite Monitoring Team shall include the following:
1. A representative from each of the host municipal governments, DENR, academe, concerned ground stakeholders, Chairman of Environmental Committee of the Sangguniang Panlalawigan;
2. Two members from the private sector, who are on-call and on a project specific bases.
SECTION 153. SUBMISSION OF THE ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). All permittees/licensees are required to submit a copy of their Environmental Compliance Certificate (ECC) to the Environmental Impact Assessment Multi-partite Monitoring Team (EIA-MMT).
CHAPTER VII
ARTICLE I - SPECIAL EVENTS AND DAYS OF ACTION
SECTION 154. SPECIAL EVENTS AND DAYS OF ACTION. The Provincial Government shall observe/celebrate/commemorate special events and days of action in coordination with all local government units, concerned government agencies and civil society organizations (CSOs) to raise the level of environmental awareness and consciousness among the people of Camiguin, subject to existing laws, rules and regulations.
SECTION 155. PROVINCE-WIDE TREE PLANTING DAY. There shall be a regular observance of a province-wide annual synchronized tree planting day activity every 5th Day of January of every year to be spearheaded by the Provincial Government in coordination with other local government units, national government agen-cies, academe, civil societies and business communities in any of the established or identified communal or community-based forest projects in the province.
SECTION 156. LEAD AGENCY. The PEMO shall be the lead agency in the conduct of the Province-Wide Tree-Planting Day.
SECTION 157. EARTH DAY. Pursuant to United Nations Resolution of 1972, the Provincial Government shall lead in the celebration of Earth Day every 22nd day of April of every year.
SECTION 158. ENVIRONMENT MONTH. The Province shall observe the month of June of every year as the Environment Month to culminate and showcase the
year-round activity thereby synchronizing all efforts in the protection, preservation and conservation of the province’s natural resources and ecosystems.
SECTION 159. ACTIVITIES. The Provincial Government, though the PEMO, shall conduct and/or undertake various activities in the observance of the environment month.
SECTION 160. ENVIRONMENTAL AWARENESS MONTH. Pursuant to the Republic Act 9512 or the “National Environment Awareness and Education Act of 2008”, the Province shall observe the month of November as the Environmental Awareness Month to promote awareness on the role of natural resources in economic growth and the importance of environmental conservation and ecological balance towards sustained development.
SECTION 161. WORLD WATER DAY. The Province shall celebrate World Water Day on every 22nd of March of each year with appropriate and meaningful activities.
SECTION 162. INTERNATIONAL DAY FOR THE PRESERVATION OF THE OZONE LAYER. The International Day for the preservation of the Ozone Layer shall be celebrated within the Province every September 16 of every year with activities that will highlight concern and awareness for the protection of the ozone layer.
SECTION 163. CLEAN AIR MONTH. The whole month of November of each year is declared as Clean Air Month with appropriate activities.
CHAPTER VIII - TRANSITORY PROVISIONS
ARTICLE I - TRANSFER AND VESTED RIGHTS
SECTION 164. TRANSFER OF ENVIRONMENTAL OFFICES, PROGRAMS AND PROJECTS TO PEMO. The PEMO shall assume all the existing programs, re-sponsibilities, facilities and appropriations of the different provincial government offices engaged in watershed management, solid waste management, small scale mining, quarry regulation, integrated social forestry, eco-tourism, spring development and other concerns included in this Code. The personnel of the above-mentioned offices, projects and programs shall automatically become an integral part of the PEMO.
SECTION 165. VESTED RIGHTS. Rights and obligations existing on the date of effectivity of this Code and arising out of contracts shall be governed by the original terms and conditions of said contract or the law in force at the time such rights were vested.
ARTICLE II - FUNDING AND IMPLEMENTING RULES AND REGULATIONS
SECTION 166. FUNDING/APPROPRIATION. The Provincial Government shall appropriate funds to ensure the effective enforcement of this Code.
SECTION 167. IMPLEMENTING RULES AND REGULATIONS. The Governor, through a Technical Working Group, shall formulate the Implementing Rules and Regulations (IRR) necessary to effectively carry out the provisions of this Code within six months from its approval.
CHAPTER IX
ARTICLE I - FINAL PROVISIONS
SECTION 168. PRIOR CONSENT OF SANGGUNIANS. Private entities, government agencies and its instrumentalities are hereby required to secure prior consent of the concerned sanggunians in the implementation and development of investment programs or projects affecting the environment.
Natural resources development, utilization or processing project, lease, license or agreement or usufruct permit shall not be issued by national government agencies without prior consultation with; and consent of; local government units, affected communities and stakeholders in the province.
SECTION 169. APPLICABILITY CLAUSE. All other matters not covered by this Code shall be governed by pertinent laws, rules and regulations.
SECTION 170. CONFLICTING PROVISIONS OF CHAPTERS. If the provisions of different Chapters are in conflict with each other, the provision of each Chapter shall prevail as to specified matters and questions involved therein.
SECTION 171. CONFLICTING PROVISIONS OF SECTIONS. If the provisions of the different Chapters are in conflict with each other, the provisions of the Section which is the last in point of sequence shall prevail.
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF CAMIGUIN HELD ON JANUARY 16, 2013, AT THE SP SESSION HALL, CAMIGUIN LEGISLATIVE BUILDING, PROVINCIAL CAPITOL, MAMBAJAO, CAMIGUIN.
PRESENT: Hon. Leo Gales Lasacar - Provincial Vice Governor; Presiding Hon. Jesus Diolanto Pacuribot - Provincial Board Member Hon. Virgilio Fajardo Lacerna - Provincial Board Member Hon. Periolo Torayno Banaag - Provincial Board Member Hon. Jose Cultura Ladao - Provincial Board Member Hon. Rodin Modina Romualdo - Provincial Board Member; FABC President Hon. Raquel Bacasnot Ranara - Provincial Board Member; PCL President Hon. Ana Victoria Olaer Uayan - Provincial Board Member; PPSK President
OTHER PRESENT: Hon. Hermogenes Boholano Lobido - Provincial Board Member; Acting Governor
===============================================================
EXPLANATORY NOTE
Camiguin Polytechnic State College has been implementing a Special Project on the Culture of Bees;
This project tries to culture bees known scientifically as Apismellifera which species is distinctly called Ligus-tica and Carnica. So that the LGU of Camiguin and the Camiguin Polytechnic State College (CPSC) entered into a memorandum of agreement on bee culture to initiate or support scientific studies on the conservation of biological diversity.
For this laudable endeavor to prosper, there is a need to protect and preserve to the fullest the integrity-process of Camiguin Bee Culture as a special project of Camiguin Polytechnic State College; Hence, the enactment of an ordinance is imperative.
PROVINCIAL ORDINANCE NO. 2012-01
“AN ORDINANCE PROTECTING THE BEE CULTURE INDUSTRY IN THE PROVINCE AND PROVIDING PEN-ALTIES FOR VIOLATION THEREOF”
Be it enacted by the Sangguniang Panlalawigan of Camiguin:
Section 1. Title: This Ordinance shall be known as the “Bee Culture Protection Ordinance of 2012”.
Section 2. Definition of Terms: As used in this ordinance, the following terms shall be construed as:
Bee - ApismelliferaBee Culture - Raising of bees for scientific endeavor and Economic Enterprise Development Projects;Bee culture by-products:
a. Bee Pollen - It is actually the male seed of a flower blossom which are collected by the honey bees and mixed with the bee’s digestive enzymes;
b. Bee Wax - Is a natural secretion from wax glands on the sides of the body of honey bees and is used primarily as a build block for the bee’s honeycomb cells in which the young are raised and honey and pollen are stored;
c. Royal Jelly - Royal jelly is the queen bee’s extraordinary source of food. It is a blend of secretions from the salivary glands of the worker bee and contains a high concentration of vitamins B5, B6, and amino acids and is believed to be a potent antioxidant a special rejuvenating substance that promotes tissue growth, muscle and cell regeneration;
d. Propolis - Honey bees collect sticky resins that ooze from the buds of some trees and conifers. After chewing them and mixing them with their saliva and other substances, Propolis or sometimes called “sticky glue”. It is antibacterial, antifungal, antiviral, anti-inflammatory and antioxidant effects. It is also used as ointments for healing cuts and wound;
e. Honey - is a sweet food made by bees using nectar from flowersf. Mead - Mead, simply put is honey wine. It is the first alcoholic drink brewed by men, earlier than wine
or beer;g. Bee Bread - it is the main source of food for most larvae and bees. It is fed to all larvae except those
that are selected to become queens as the queen larvae are fed royal jelly instead;
Bee Ligustica and Carnica - Two different species of Apis mellifera;Miel International Inc. - An agency engaged in beekeeping project mainly on queen breeding and honey production;Transport - The bringing of species of bees from any port outside of Camiguin.
Section 3. Prohibition. It shall be unlawful for any person to:3.a Transport cultured bees into the Province;3.b Sell honey and other bee by-products such as bee pollen, bee wax, royal jelly, propolis, mead and bee
bread, without the necessary permits; 3.c Sell adulterated honey.
Section 4v Penalty: Any person found violating Section 3 of this Ordinance shall be meted with the following fines:
First Offense - P 500.00 Second Offense - 1,500.00 or an imprisonment of 30 days or both in the discretion of the court
Apismellifera species and its by-products transported to Camiguin other than that of Miel International shall be confiscated and turn them over to Camiguin Polytechnic State College (CPSC) for proper disposal.
Section 5. Effectivity: This Ordinance shall take effect after compliance of the publication and posting requirement.
APPROVED.”
SANGGUNIANG PANLALAWIGANProvince of camiguin
MDN: Feb. 9, 16 & 23, 2013
14Editor: SHaUN aleJaNDrae Uy
Editorial. : [email protected] • Advertising : [email protected]
billboard SATURdAy-SUNdAy | FEBRUARy 23-24, 2013
DA to award NorMin’s outstanding rice achievers
Cagayan de Oro City – FOR their meri-torious commit-
ment and performance in the government’s pursuit to advance the rice sector, the Department of Agri-culture (DA) will honor the 2012 Agri-Pinoy Rice Achievers throughout the country, including two municipalities and 11 agricultural extension
workers (AEWs) from Northern Mindanao (Re-gion 10), in an awarding rite on March 15, 2013 at the Philippine Conven-tion Center in Manila. Envisioning the coun-try as a surplus sup-plier of rice with the year 2013 as its earliestt a r g e t , t h e d e p a r t-ment lauded the towns, n a m e l y : K a p a t a g a n
of L a nao de l Nor te(LDN) and Opol of Misamis Oriental as the outstand-ing rice municipalities. Meanwhile, emerging as the commendable AEWs are Sagrada P. Alvarez(Oroquieta City), Agnes Garcia Sue S. Butalid and Bonida A. Onos (Clarin) ofMisa mis Occidenta l . O t her honore e s of t he for mer categor y
a lso include Emerita P. Capayas , Fedel inaM. Cuaresma, Manuel P. Sabillo, Fe A. Enriquez, Vi-oleta B. Florin, Ma. Luisa Q.Gabutin, Estrella M. Mo-rilla and Josefina J. Sa-billo of Kapatagan, LDN. Exemplif y ing as the excel lent r ice towns, t he DA c ho s e n t he abovesa id luminariesbased on the following criteria, but not l im-ited to the fol lowing condit ions: increasedrice product ion, area h a r ve s t e d a nd p e r-cent cont r ibut ion to the national/provincialrice production; total num-ber of rice-related projects initiated and rice farmersserved; and high qual-ity rice seeds utilization. The department like-wise selected the praise-worthy AEWs by go-ing over through theservices they have ren-dered in terms of num-ber of trainings/Farm-e r s ’ F i e l d S c h o o l sconducted, trainings at-tended, among others. As va lue to the rice achievers’ meritable ef-forts, the municipali-t ies wi l l be bestowedwith P 1 million worth of agr icu ltura l proj-ects whi le the AEWs will be granted with P2 0 , 0 0 0 e a c h a s c a s h i n c e n t i v e . With the said recog-n it ion, cover i ng t he 2011-2012 dry season and 2012 wet season,the DA is also expect-a nt i n e nc ou r a g i n g more local government u nit s ta keholders tobecome more respon-sive and conscientious in carry ing out their respec t ive f u nc t ionsand responsibilities. # (Joanne L. Olson, DA-10)