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1 CODE OF GENERAL ORDINANCES

6TH Sangguniang Bayan Municipality Of Datu Abdullah Sangki Province Of Maguindanao

Republic of the Philippines

Autonomous Region in Muslim Mindanao

Province of Maguindanao

MUNICIPALITY OF DATU ABDULLAH SANGKI

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE 6TH

SANGGUNIANG BAYAN OF DATU ABDULLAH SANGKI MUNICIPALITY HELD AT THE

SB SESSION HALL, TALISAWA MAGUINDANAO ON MAY 21, 2018 AT EXACTLY 9:00 IN

THE MORNING.

Present

HON. SAMSODHEN A. SANGKI - Presiding Officer/Vice Mayor

HON. LAHMUDIN G. SANGKI - Pro-Tempore

HON. SOLOMON S. SANGKI - Majority Floor Leader

HON. ROHAINA D. SULAIMAN - SB member

HON. HABIB S. SANGKI - SB Member

HON. ISMAELITA F. GUMANA - SB Member

HON. BAI UNGANG D. AMPATUAN - SB Member

HON. EDRIS D. SANGKI, AL HAJ. - ABC President

Absent:

HON. JEANNOR M. LINTANG - SB Member

RESOLUTION NO. 005-116 DASSB

Series of 2018

A RESOLUTION ENACTING THE CODE OF GENERAL

ORDINANCES OF DATU ABDULLAH SANGKI WHEREAS, the Sangguniang Bayan of the Municipality of Datu Abdullah Sangki deemed it appropriate to organize all of its enacted laws into a single code in order to afford the people of Datu Abdullah Sangki with an easy and convenient access to local legislations; NOW THEREFORE, on motion of Hon. Councilor Solomon S. Sangki, duly seconded by all members present, on joint sponsorship, be it RESOLVED, as it hereby RESOLVED, to enact the following Ordinance:



MUNICIPAL ORDINANCE No. 005-025 DASSB Series of 2018

AN ORDINANCE ENACTING THE CODE OF GENERAL ORDINANCES OF THE

MUNICIPALITY OF DATU ABDULLAH SANGKI, MAGUINDANAO

(Hon. Habib S. Sangki – Author) Co-Authors and Principal Sponsors:

Hon. Rohaina Sulaiman, Hon. Lahmudin G. Sangki Hon. Bai Ungang D. Ampatuan Hon. Ismaelita F. Gumana Hon. Solomon S. Sangki Hon. Edris B. Sangki, Al-haj

Be it enacted by the Sangguniang Bayan of Datu Abdullah Sangki that:

CHAPTER I

GENERAL PROVISIONS

Article I. Title and Scope

Section 1. Title – This Ordinance shall be known as the Code of General Ordinances of the Municipality of Datu Abdullah Sangki, Maguindanao, herein referred to as the “Code”.

Section 2. Scope – This Code covers all general ordinances of the Municipality enacted over the years including Executive Orders by the Municipal Mayor and Resolutions that partake the nature of an ordinance. Otherwise one may refer to the following enacted Municipal Codes for general or special subjects excluded herein:

a) Children and Youth Welfare Code M.O. 010-06, s. 2016 b) Environment Code M.O. 012-09, s. 2016 c) Gender and Development Code M.O. 012-08, s. 2016 d) Health & Sanitation Code M.O. 010-04, s. 2016 e) Investment and Tax Incentive Code M.O. 012-011, s. 2016 f) Market Code M.O. 010-05, s. 2016 g) Public-Private Partnership Code M.O. 009-18B, s. 2017 h) Revenue Code M.O. 012-10, s. 2016

Article II. Rules of Construction

Section 1. Words and Phrases. – Words and phrases embodied in this code but not herein

specifically defined shall have the same meaning as found in legal dictionaries as well as in the existing laws and the rules on statutory construction in which shall be suppletory to this Code.

Section 2. Construction of Provisions. – In construing the provisions of this Code, the following rules shall be observed:



i) General Rule. – All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such other words in this Code which may have acquired a peculiar or appropriate meaning shall be construed according to such technical, peculiar, or appropriate meaning.

ii) Gender and Number. – Every word in this Code importing the masculine gender shall extend to both male and female. Every word importing singular number shall extend and apply to several persons or things as well, and every word importing the plural number extend and apply to one person or thing.

iii) Computation of Time. – The time within which an act is to be done when expressed in days shall be computed by excluding the first day and including the last day except;

“When the last day falls on a Sunday or holiday in which case, the same shall be excluded from the computations and the next business day shall be considered the last day.”

iv) Tenses. - The use of any verb in any tenses shall include the future when applicable. The words “shall have been “shall include past and future cases.

The use of the word “shall” means the act to be mandatory while “may” is permissive.

v) References – All references to Chapter or Sections are to chapter or sections in this Code unless otherwise specified.

vi) Conflicting provisions of Chapters. If the provisions of different chapters conflict with or contravene each other, the provisions of each chapter shall prevail as to all specific matters and questions involved herein.

vii) Conflicting provisions of Sections. If the provisions of different sections in the same chapter conflict with each other, the provisions of the section which is last in point sequence shall prevail.

Section 3. Amendment and Integration of Additional Provisions. – Any amendment to this Code may be introduced to the section concerned. All ordinances enacted subsequent to the date of effectivity of this Code shall be compiled in such a way as to amend the corresponding section to which said ordinances or provisions pertain. The provisions will be integrated into the corresponding section whenever a new printing or reproduction of this Code will be undertaken upon the authority of the Sanggunian.

Section 4. Existing Rights. – No action or proceeding shall commence before this Code takes effect, and no right accrued is affected by this Code. All the procedures after the effectivity of this Code shall conform to the provisions of this Code specifically provided.

Section 5. Effect of Heading. – The section headings do not, in any manner, affect the scope, meaning or intent of the provisions contained in this Code.

Section 6. Relation to prior Ordinances. – The provisions of this Code which are substantially the same as those of previous or existing ordinance particularly when dealing with the same subject matter, shall be construed as restatements and not as new enactments.



CHAPTER II ADMINISTRATIVE PROFILE

Article I. The Municipality Section 1. Vision/Mission

VISION

The Municipality of Datu Abdullah Sangki is envisioned to be a progressive, peaceful, gender-fair, and disaster-resilient community with agro-industrial

based economy, God-fearing and empowered people benefiting from ecologically-sustainable development governed by consultative and

participatory local governance.

MISSION

To implement all programs, projects and policies responsive to the sustainable growth & development of the people of DAS in partnership with Civil Society

Organizations and Government Instrumentalities.

Section 2. History. The Municipality of Datu Abdullah Sangki was created by virtue of Muslim Mindanao Autonomy Act (MMAA) No. 153 which was passed by the Regional Legislative Assembly on August 15, 2003, approved on August 20, 2003 by the Regional Governor and ratified in a plebiscite held on January 3, 2004.

The word “Datu Abdullah Sangki” was derived from the name of the first appointed mayor of the Municipality of Ampatuan in the year 1959. He is the eldest son of Shariff Sangki, the grandson of an Arab missionary Shariff Ampatuan. Being a courageous Muslim religious leader, his impressive influence in controlling peace and order in the locality secured the town against acts of injustice. He inspired his family members as well as his constituents to be God-fearing which gained the people’s respect during his tenure and the same respect inherited by his immediate family. Hence, the local leaders and its peace loving constituents decided to name the town after him to be a symbol of his meaningful historic leadership in this developing municipality.

In 1940’s, Datu Abdullah Sangki was occupied greatly by the ethnic group called “Maguindanaon” which represents about 76.65% of the total population in the area, the other 23.35% represents the ethnic groups and migrants from Luzon, Visayas, and other parts of Mindanao particularly the native Lumads or Tedurays. The ten barangays namely Banaba, Dimampao, Guinibon, Kayakaya, Madanding, Mao, Old-Maganoy, Sugadol, Talisawa and Tukanalugong were already established during that period.

The earlier inhabitants survived through hunting animals and limited inland fishing. The farmers engaged in agricultural productions while others relied on vegetable planting and other produce from the lush forest. The houses were built from bamboos, woods and lumbers.

Under the proclamation of the Martial Law of the late President Marcos, the peaceful community agonized under the cruel authority. The military abused its power



and authority which resulted to numerous cases of reported death. As such, the residents were forced to leave their abode for their safety and their families.

Residents, who evacuated during the military conflict, decided to return to their respective domicile and started progressive social settlements. Most of the settlers expanded their areas which led in building more resident houses. Others replanted crops to satisfy their personal necessities. Unfortunately, the new settlers occupied most of the areas left by the native inhabitants. In 1981, the late President Marcos lifted the Martial law which resulted in the cessation of military harassment and aggravation.

However, remnants of extreme military activities can still be seen on the damaged lush forest and productive community.

In the year 2003, the local leader had decided to separate the 10 barangays from the mother town of Ampatuan. The first municipal mayor, vice-mayor and councilors of the Municipality of Datu Abdullah Sangki were politically arranged by the Sangki descendants to hold office. Infrastructure projects such as farm to market roads, bridges, school buildings, irrigation systems, and Masjid were also built. The rapid increase in the population symbolizes the growth and development of a once quiet community into a progressive municipality.

The previous local officials had established the seat of the local government in Barangay Banaba which was eventually transferred under the proclamation of MMAA No. 153, section 2 thereof restoring the seat of the local government including its line agencies to Barangay Talisawa which was considered and named as Poblacion.

Section 3. Foundation and Establishment - The Municipality of Datu Abdullah Sangki was

created in August 2004 thru MUSLIM MINDANAO AUTONOMY ACT NO, 153.

Section 4. Role of the Municipality – The Municipality is composed of 10 barangays, and as a political and corporate unit of government, serves as a dynamic mechanism for development processes and governance of local government units within its territorial jurisdiction, especially the promotion of the general welfare as mandated under Section 16 of RA 7160 (General Welfare).

Section 5. Component Barangays – The following are the 10 component barangays of the Municipality:

1) Banaba

2) Dimampao

3) Guinibon

4) Kayakaya

5) Madanding

6) Mao

7) Old Maganoy

8) Sugadol

9) Talisawa

10) Tukanalugong



Section 6. Geographical Features

a. Topography Slope

The physical surface form of the Municipality is relatively plain to sloping. The Municipality is basically known as a low lying area with a minor upland portion at One Barangay level. The agricultural land is more or less 91.94% percent of the total land, 0.45% is residential while 2.84% percent is mountainous or hilly which comprises the upland area and 2.5% percent comprises the marshy/idle land or soft & wet land with grassy vegetation which is distributed over widely spaced and irregular intervals along the agricultural land of the Ten Barangays.

b. Slope.

The parcels of land bounded at Southwestern area of the Poblacion (Sitio Bisang, Barangay Talisawa) has the higher slope with 8-18% where the natural water supply irrigating the Poblacion and Barangay Mao is impounded, while the Northern and Eastern areas are relatively the lower elevation with 0-3% and classified as flood prone area.

c. Land Classification

20,226.10 Hectares – Agricultural land

99.69 Hectares – Residential

625.00 Hectares – Forest land / Upland

550.00 Hectares – Idle Land / Alienable / Disposable Land

1,049.21 Hectares – Others

d. Geographical Location. The Municipal Government of Datu Abdullah Sangki lies along the national highway which is approximately 65 kilometers away from Cotabato City. The central business district of the municipality and the seat of Local Government Unit (LGU) is located at Barangay Talisawa and is navigated through the Global Positioning System (GPS) with its coordinates 6°45'6.2" North latitude and 124°29'30.7" East longitude. It is bounded on the north by Ampatuan and Mamasapano Municipalities; south by Esperanza, Sultan Kudarat Province and Ampatuan, Maguindanao; southwest by Ampatuan, Maguindanao; northeast by Sultan sa Barongis and Rajah Buayan Municipalities; west by Ampatuan and South Upi Municipalities; and east by Lambayong, Sultan Kudarat.

Section 7. Seat of the Municipal Government. The seat of the Municipal Government of Datu Abdullah Sangki, Maguindanao where the Executive and Legislative Offices are located is at Barangay Talisawa.



Section 8. Municipal Hymn –

DAS HYMN DAS HYMN

I

Kami’y nagagalak, na mamuhay ng mapayapa

Panatag ang loob, dahil may pagbabago

Aming iingatan, ang mahal naming bayan

DAS Maguindanao ang kanyang pangalan

Chorus

Sa DAS Maguindanao, ang laki ng pagbabago

DAS Maguindanao ay may kaunlaran

DAS Maguindanao, puno ng kasaganaan

DAS Maguindanao ika’y aming iingatan

II

Aming nadarama, ang tunay na saya

Mamumuhay ng mapayapa, sa piling ng bayang ina

Ika’y aming tutulungan, sa daan ng pagbabago

Tungo sa kaunlaran at kasaganaan

Repeat Chorus

III

Lahat ay nagkaisa, itinayo ang bandila

Lumad, Muslim at Kristiyano

Sama–sama hawak kamay sa pagpaplano

Upang ang lahat, sabay-sabay sa pag-angat

Tutulungan ka, alagaan ka, para umaasenso ka

Repeat Chorus & III

Repeat Chorus

IV

Sulong ka, sumulong ka, Mahal naming bayan

Sulong ka, sumulong ka, DAS Maguindanao

Composer : Noli E. Gumana Arranger : Ernesto Gestupa Jr. Interpreter : Mae Raboy



Section 9. Special Day - “The Kagalawan Festival” Establish in 2014 and celebrated each year every 26th day of the month of September.

Article II. MUNICIPAL GOVERNMENT STRUCTURE

Section 1. Elective Officials. The following are the Municipal Elective Officials:

Municipal Mayor

Municipal Vice Mayor

Members of the Sangguniang Bayan

Section 2. Appointive Officials. The mandatory Appointive Officials of the municipality are the following:

1. Secretary to the Sangguniang Bayan

2. Municipal Treasurer

3. Municipal Assessor

4. Municipal Budget Officer

5. Municipal Accountant

6. Municipal Planning and Development Coordinator

7. Municipal Engineer

8. Municipal Civil Registrar

9. Municipal Health Officer

10. Municipal Disaster Risk Reduction and Management Officer

The Optional Appointive Officials of the municipality are the following:

1. Municipal Administrator

2. Municipal Legal Officer

3. Municipal Agriculturist

4. Municipal Social Welfare and Development Officer

5. Municipal General Services Officer

Any creation thereof and appointment thereto shall be subject to the provisions of the Local Government Code of 1991 and Civil Service Commission (CSC) Rules, Regulations and Policies.

Section 3. Powers, Duties and Functions - The powers, duties and functions of elective and appointive officials of Ibaan, both mandatory and optional are those as provided under RA 7160, otherwise known as the Local Government Code of 1991.



Article III. EXECUTIVE ADMINISTRATION

Section 1. Human Resource and Development. The municipality shall adopt and implement an organizational structure and staffing pattern based on service requirements and financial capability of the town subject to the guidelines prescribed by the Civil Service Commission.

The Municipal Mayor shall be responsible for human resources and development of the local government unit in accordance with the civil service laws, rules and regulations including standard policies and guidelines.

Section 2. Personnel Management. The Human Resource Management Office which is under the control and supervision of the Municipal Mayor shall take charge in the personnel management and development of the LGU under the established policy, rules and regulations of the Civil Service Commission.

Section 3. Recruitment, Selection and Placement System. For purposes of recruitment selection, placement and appointment to regular positions, the MERIT SELECTION PLAN of the LGU now on file and under the custody of the Human Resource Management Officer II shall be adopted. Personnel Selection Board is in place. (Annex A)

Section 4. Settlement of Grievance. A Grievance Committee is created to resolve expeditiously any grievance against any official or employee.

Composition:

Chairman Municipal Mayor

Vice Chairman Municipal Administrator

Members Highest HRMO position

Two (2) Department Heads

One (1) Representative from the Second Level

One (1) Representative from the First Level

The Grievance Machinery of the town under the custody of HRMO shall be adopted and shall form part of this Code in settling any grievance.

Section 5. Strategic Performance Management System. For the improvement of individual employee’s efficiency or organizational effectiveness, and development of each division and in line with CSC MC No. 5, series of 2012, the municipality hereby adopts the Strategic Performance Management System (SPMS) enacted on September 17, 2012 approved by the Civil Service Commission on November 29, 2012 further filed and in custody of the HRMO. (Annex B)

Section 6. Awards and Incentives. To encourage creativity, innovativeness, efficiency, integrity and productivity, the municipality also adopts its “PRAISE” (Program on Awards and Incentives for Service Excellence) also on the file at the HRM Office. This award is conferred during the Municipal Government’s Year End Evaluation.



PRAISE Committee Composition:

Chairman Municipal Mayor

Vice Chairman Municipal Administrator

Members:

MPDC

Highest HRMO position

Budget Officer

Two (2) Department Heads

One (1) Representative from the Second Level

One (1) Representative from the First Level

The agency shall allocate 5% of the HRD funds for the PRAISE and incorporate the same in the annual Work and Financial Plan and Budget

Section 7. Flag Ceremony and Invocation - All officials, LGU department heads, national offices employees, regular employees and casuals are required to attend the flag raising ceremony on every first working day of the week with convocation lead by the different department employees, and flag retreat every last working day of the week.

Section 8. Code of Ethics - All municipal officials and employees shall, at all times be accountable to the people and to discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead modest lives and uphold public interest over personal interest.

Section 9. Random Drug Testing of Municipal and Barangay Officials and Employees

This promulgate and set the rules in the conduct of random drug testing for Municipal and Barangay officials/employees as per RA 9165, otherwise known as “An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing RA No. 6425, otherwise known as The Dangerous Drugs Act of 1972, As Amended, Providing Funds Therefore, and For Other Purposes” supplemented by Civil Service Commission, Memorandum Circular No. 13, Series of 2010 “Guidelines for a Drug-Free Workplace in the Bureaucracy.

The Office of the Municipal Administrator, in coordination with the Municipal Health Office, shall coordinate with any recognized drug testing center and/or the PNP Crime Laboratory for the conduct of drug testing for concerned municipal and barangay officials and employees.

Random drug test shall be conducted, without notice to the concerned officials and employee/s to avoid any action that would frustrate the ends of drug testing.

Drug testing shall be in coordination with the Ibaan Police Station which shall provide security. If feasible drug test shall be conducted at the municipal bldg. where the officials/employees concerned shall not be permitted to leave until the completion of the drug test.



Drug testing shall be conducted in the presence of the department head/immediate supervisor to whose office the employee concerned belongs.

Officials/Employees who refuse to be subjected to random drug test can be charged administratively. Refusal to undergo drug testing without any justifiable cause shall give rise to the presumption that, had the test been conducted, the result would have been positive for the use of prohibited drugs.

Officials/Employees found to be positive for the use of illegal drugs shall be charged administratively. Prior to the investigation, however the official/employee can opt to voluntarily resign from his/her position.

Article IV. The Legislative

Section 1. Legislative Policy - It shall be the policy of the Sangguniang Bayan of Datu Abdullah Sangki, Maguindanao to enact ordinances and adopt resolutions to promote, protect, ensure, enhance and maintain stability, prosperity, employment, livelihood, education, peace and order, health, social justice, culture, moral values, technology, comfort and general welfare of the community and the inhabitants thereof.

Section 2. Legislative Management System. To strengthen the legislator’s capability in its legislative tasks and functions and to keep track of its existing measure for their predictive legislations, a Legislative Management System (LMS) known as the Sanggunian Information System (SIS) shall be established with the use of modern information technology through computer. The system shall cover, but not limited to the following features:

Automatic format of resolutions or ordinances

Automatic format of resolution or ordinances by category

Database of legislator’s legislative performance through authoring

Minutes, resolutions and ordinances

Other useful features

Section 3. The Sanggunian Rules of Procedures. The Sanggunian Rules of Procedures, otherwise known as the Internal Rules of Procedures (IRP) of the Sanggunian is enacted separately but shall form part of this Code.

Section 4. The Sanggunian Committees. The standing committees, ad hoc and special committees of the Sanggunian is included in the IRP of the Sanggunian,



Article V. Rules and Procedures in Administrative Investigations

Rule I – GROUNDS FOR ADMINISTRATIVE DISCIPLINARY ACTION

Section 1. Grounds. An elective local official may be disciplined, suspended, or removed from office on any of the following grounds:

a) Disloyalty to the Republic of the Philippines;

b) Culpable violation of the Constitution;

c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

d) Commission of any offenses involving moral turpitude or an offense punishable by at least prison mayor, which is from six (6) years and one (1) day to twelve (12) years’ imprisonment.

e) Abuse of authority;

f) Unauthorized absence for fifteen (15) consecutive working days in case of local chief executives and four (4) consecutive sessions in the case of members of the sanggunian;

g) Application for, or acquisition of, foreign citizenship or residence of the status of an immigrant of another country; and

h) Such other grounds as may be provided by the Local Government Code of 1991; Republic Act No. 6713; Republic Act No. 3019; Administrative Code of 1987; Revised Penal Code; and all other applicable general and special laws.

Rule II – RULES AND PROCEDURES

Section 2. Filing of Verified Complaint. A verified complaint with the corresponding affidavit or affidavits to support complaint and documents, if any, shall be filed with the Sangguniang Bayan through the Secretary of the Sangguniang Bayan. A copy of the complaint shall be furnished to each respondent, local chief executive, Department of the Interior and Local Government, and the presiding officer of the Sangguniang Bayan.

Section 3. Endorsement of Complaint. The secretary shall endorse the complaint to the Presiding Officer and calendar the same for business.

Section 4. Period to Submit Verified Answer. Within seven (7) days after the complaint is filed, the Sangguniang Bayan through the Presiding Officer shall require the respondent to submit his verified answer within fifteen (15) days from receipt thereof with corresponding counter-affidavits and documents, if any, and commence the investigation of the case within ten (10) days after receipt of such answer of the respondent.

Section 5. Determination of Prima Facie Case. The Sanggunian shall determine whether or not there is a prima facie case to warrant the commencement of the investigation with or without the respondent filing his answer. If no prima facie case exists, the Sanggunian shall motu propio dismiss the case. If prima facie case exists, the Sanggunian shall calendar the case for a preliminary conference,



Section 6. Preliminary Conference. The preliminary conference shall consider the following:

Simplification of issues

Stipulation or admission of facts and of documents

Limitation of number of witnesses

Possibility of an amicable settlement or compromise

Schedule of formal investigation and

Such other matters that may aid in the prompt disposition of the case.

Rule III - PREVENTIVE SUSPENSION

Section 7. Power to suspend. Preventive suspension may be imposed by the Municipal Mayor, being the disciplining authority over elective barangay officials.

Section 8. 90-day ban. No preventive suspension shall be imposed within ninety (90) days immediately prior to any local election. If the preventive suspension has been imposed prior to the 90-day period immediately preceding a local election, it shall be deemed automatically lifted upon the start of aforesaid period.

Section 9. Grounds. Preventive suspension may be imposed at any time after the issues are joined, that is, after respondent has answered the complaint, when the evidence of guilt is strong and, given the gravity of the offense, there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence.

Section 10. Duration. Any single preventive suspension of local elective officials shall not extend beyond sixty (60) days; provided that, in the event that several administrative cases are filed against an elective official, he cannot be preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension.

Section 11. Automatic reinstatement. Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within one hundred twenty (120) days from the time he was formally notified of the case against him. However, if the delay in the proceeding of the case is due to his fault, or request, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case.

Section 12. Salary of respondent pending suspension. The respondent, who is preventively suspended from office, shall receive no salary or compensation during such suspension; but, upon subsequent exoneration and reinstatement, he shall be paid his full salary or compensation, including such emoluments accruing during such suspension.



Rule IV - FORMAL INVESTIGATION

Section 13. Affidavit and Counter-Affidavit as Testimonies. The affidavits submitted by the complaint shall serve as the testimony on direct examination subject to the cross-examination by the respondent and clarificatory questions by the members of the Sanggunian

The counter-affidavits submitted by the respondent shall serve as his testimony on direct examination subject to the cross examination by the complainant and clarificatory questions by the members of the Sanggunian.

Section 14. Failure to Submit Affidavits/Counter Affidavits. The failure of the parties to submit affidavits and counter-affidavits shall be considered a waiver to present evidence in their behalf.

Section 15. Notice of hearing. The parties and their witnesses shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing.

Section 16. Venue of hearing. The formal investigation as contemplated in this Rule shall be conducted in the place where the Sanggunian is located.

Section 17. Request for subpoena. If a party desires the attendance of a witness or the production of documents, he should make formal request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing.

Section 18. Postponement. Postponement of investigation shall be discouraged and shall be allowed only in meritorious cases, like illness of the parties or counsels and other similar case. No postponement for a period longer than seven (7) days shall be allowed, and in no case shall the total number of postponements for one party be more than twenty (20) days.

Section 19. Presentation of Rebuttal or Surrebuttal. In case of presentation of rebuttal or surrebuttal evidence, the parties may be allowed to present oral testimonies of witness, subject to cross-examination and clarificatory questions.

Section 20. Ruling on Motion or Objection. The Presiding Officer may be authorized by the Sanggunian to rule on any motion or objection.

Rule V - TERMINATION OF INVESTIGATION AND DECISION

Section 21. Termination of Investigation and Decision. The investigation of the case shall be terminated within ninety (90) days from start thereof. Within thirty (30) days after the end of the investigation or after the lapse of the period of submission of memoranda or position papers by the parties, the Sanggunian Bayan shall render a decision in writing stating clearly and distinctly the facts and reasons for such decision. Copies of said decision shall immediately be furnished to the respondent and all interested parties.

Section 22. Finality of decision. The decision of the Disciplining Authority shall become final and executory after the lapse of thirty (30) days from receipt of a copy thereof by the complainant or the respondent, as the case may be, unless a motion for reconsideration is filed before the Sangguniang Panlalawigan within the said such period. In exceptionally meritorious cases, only one motion for reconsideration by any one party shall be allowed, which shall suspend the running of the 30-day reglementary period.



Section 23. Execution pending appeal. An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event the appeal results in an exoneration, the respondent shall be paid his salary and such other emoluments accruing during the pendency of the appeal.

Rule VI - PENALTIES

Section 24. Suspension or removal. A respondent found guilty of any of the offenses enumerated in Rule I hereof may be meted the penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Disciplining Authority.

Section 25. Suspension. The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.

Section 26. Removal. An elective barangay local official may be removed from office on the grounds enumerated in Rule I hereof by order of the proper court .The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.

Section 27. Opportunity to Confront and Cross-Examine. The parties shall be accorded opportunity to confront and cross-examine witnesses against them in person or by counsel, and to require the attendance of witnesses and the production of documentary evidence in their favor through the compulsory process of subpoena duces tecum.

Section 28. Rules of Court as Suppletory. The Rules of Court of the Philippines shall have suppletory effect.



CHAPTER III GENERAL ORDINANCES

Article I. BARANGAY AFFAIRS

Article I.A – VAWC Desk Municipal Ordinance No. 012-13A DAASB, s.2016

Section 1. Title – This Ordinance shall be known as an act establishing the Barangay Violence against Women and Children (VAWC) Desk in the Municipality of Datu Abdullah Sangki.

Section 2. Declaration of Policy – It is the policy of the Municipality of Datu Abdullah Sangki to see to it that women and children’s rights are recognized, uphold, and protected at all times.

Section 3. Definition of Terms:

a. Violence against Women and Children (VAWC) – refers to any act of gender-based violence that results in, or is likely to result in physical, sexual, or psychological harm of suffering to women, including threats of such acts, coercion, or arbitrary, psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking in women, and prostitution, and physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs. It also includes acts of Violence against Women and Children as defined in Republic Act No. 9262. Under the Magna Carta of Women, this term is used interchangeably with gender-based violence.

b. VAWC Desk – refers to a facility that would address VAWC cases in a gender responsive manner, managed by a person designated by the Punong Barangay. It is situated within the premises of the barangay hall in the absence of the barangay hall, the VAWC Desk shall be established within the premises where the Punong Barangay holds office.

c. VAWC Desk Person/In-charge – refers to a person trained in gender-sensitive

handling of cases, preferably a woman barangay kagawad or woman barangay tanod.

Section 4. Establishment of VAWC Desk in Every Barangay - The Punong Barangay shall designate an area within the Barangay Hall for the VAWC desk and shall provide the necessary furniture and fixtures such as, but not limited to table, chairs, separate filing cabinet and log book for record-keeping of cases and shall ensure the confidentiality of the case and privacy and safety of the victim-survivor.

Section 5. Designation of VAWC Desk Person/In-charge - The Punong Barangay shall designate a VAWC Desk Person/In-charge who is trained in gender sensitive handling of cases, preferably a woman Barangay Kagawad or woman barangay tanod. In cases where there are no trained personnel, ensure that the person assigned shall undergo basic gender sensitivity training and orientation on anti-VAWC laws.

Section 6. Functions of the VAWC Desk Person/In-Charge - The VAWC Desk Person/ In charge shall perform the following tasks:



1. Respond to gender-based violence cases brought to the barangay;

2. Record the number of gender-based violence handled by the barangay and submit a quarterly report on all cases of VAWC to the Municipal Local Government Operations Officer (MLGOO) and the Municipal Social Welfare and Development Officer – Gender and Development (MSWDO-GAD) Focal Person;

3. Keep VAWC case records confidential and secured, and ensure that only authorized personnel can access it;

4. Develop the Barangay’s Gender-Responsive Plan in addressing gender-based violence, including support services, capacity building and referral system.

5. Coordinate with and refer cases to government agencies, Non-Government Organizations (NGOs), institutions, and other services, and

6. Perform other related functions as may be assigned.

Section 7. Protocol in Handling VAWC Cases at the Barangay Level – The following procedures shall be observed by the Barangay VAWC Desk Person/In-charge when responding to VAWC situations:

1. Make the woman (and children, if applicable) comfortable in a safe and private room giving her water and other immediate needs, if any.

2. Assess the situation and get initial information to determine the risk on hand and if immediate medical attention is needed. If so, facilitate referral to the nearest medical facility.

3. After the victim-survivor has stabilized, assist the Punong Barangay/Kagawad in the conduct of investigation in a gender-sensitive and non-judgmental manner in a language understood by her.

4. Inform her of her rights and the services available and the processes involved particularly in relation to the Barangay Protection Order (BPO). Assist her to the application, if she decides to have a BPO.

5. Record the incident using the National VAWC Documentation System barangay form (RA 9262 Annexes).

6. If victim-survivor desires to be in a safe shelter, seek the assistance of the other Barangay Officials, barangay tanod or the police in getting her belongings and refer to a shelter/women’s center or to the MSWDO.

7. Assist the victim-survivor to file a Temporary Protection Order (TPO) or Permanent Protection Order (PPO) with the nearest Regional Trial Court (RTC) or Family Court within 24 hours after issuance of the BPO, if the victim-survivor so desires or she applies directly for the TPO/PPO instead of BPO.

8. Assess the situation and facilitate the rescue of the victim-survivor when necessary to ensure her safety, and when applicable the safety of her children.

9. Refer victim-survivor for medical care and temporary shelter and other services needed based on the assessment done.



10. Report the incident within eight (8) hours to the Women and Children Protection Desk- Philippine National Police (WCPD-PNP) and to the Municipal Social Welfare Development Office (MSWDO).

11. Rape cases, trafficking in persons and other cases which do not fall under the jurisdiction of the barangay, the VAWC Desk Person/In-charge shall assist the victim-survivor to file a complaint at the Women and Children Protection Desk (WCPD-PNP) or to the nearest National Bureau of Investigation (NBI).

Section 8. Recording and Reporting System – Proper recordkeeping and regular reporting by the VAWC Desk Person/In-charge are important to keep track of VAWC incidents and to generate data. The relevance of the data will help in determining and developing needed remedies effective advocacy program and better laws and policies addressing VAWC. All records pertaining to cases of Violence against Women and their children shall be held confidential (confidentiality clause, Section 44, RA 9262). The VAWC Desk must use the prescribed VAWC Documents Forms (RA 9262 Annexes). The Barangay VAWC Desk Person/In-charge shall submit a quarterly report on all the cases of VAWC to MLGOO and to the Municipal Social Welfare and Development Office (MSWDO) particularly to the GAD Focal Person.

Section 9. Funding – The cost of the establishment and operations of the Barangay VAWC Desk shall be charged under the respective Barangay Gender And Development (GAD) budget. The Capability Building of the VAWC Desk Person/ In-Charge shall be charged to the LGU GAD budget.

Article II. ENVIRONMENT

Article II.A - Solid Waste Management Municipal Ordinance No. 011-07A DASSB, s.2016

Section 1.Title – This ordinance shall be known as the Municipality of Datu Abdullah Sangki Integrated Ecological Solid Waste Management Ordinance of 2017;

Section 2. Declaration of Policy – It is the policy of the Municipality to adopt and implement a comprehensive, integrated and ecological Solid Waste Management program which shall;

a.) Ensure the protection of public health and environment;

b.) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conversation and recovery;

c.) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery and others, before collection, treatment and disposal in appropriate and environmentally-sound solid waste management facilities in accordance with ecologically sustainable development principles;

d.) Strengthen the integration of ecological, solid waste management and resources conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among citizenry;



e.) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration;

f.) Encourage greater private sector participation in solid waste management;

g.) Implement local enforcement plan with barangays and other local government units, non-government organizations, and the private sector;

h.) Institutionalize public participation in the development and implementation of integrated, comprehensive and ecological waste management programs;

i) Promote research and development programs for improved solid waste management;

Section 3. Coverage – This ordinance shall apply to all residential houses, commercial and agro-industrial establishments, institutions, like hospitals or Rural Health Unit, schools both public and private offices, other establishment of any kind and agricultural areas within the Municipality of Datu Abdullah Sangki;

Section 4. Definition of Terms – For the purposes of this Ordinance:

a.) Agricultural waste shall refer to the waste generated from planting or harvesting of crops, trimming or pruning of plants and waste or run-off materials from farms or fields.

b.) Biodegradable waste shall refer to any material that can be reduced into four particles, degraded or decomposed by microbiological or enzymes. This is synonyms with compostable.

c.) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because or either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcase, filing cabinets, and other similar items.

d.) Bureau shall refer to the Environmental Management Bureau.

e.) Business establishments refer to establishments that are required to secure business permits prior to operation.

f.) Buy-back center shall refer a recycling center that purchases or otherwise accepts recyclable materials from the public for the purposes of recycling such materials.

g.) Collection shall refer to the act removing solid waste from the source or from a communal storage point.

h.) Composting shall refer to the controlled decomposition of organic matter by micro-organism, mainly bacteria and fungi, into a humus like product.

i.) Consumer electronics shall refer to special wastes that include worn-out, broken, and other discarded items such as radios, stereos, and TV sets.

j.) Controlled dump shall refer to a disposal site at which solid waste id deposited in accordance with the minimum prescribed standards of site operation.

k.) Department shall refer to the Department of Environment and natural Resources.



l.) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking, or placing of any solid waste into or in any land.

m.) Disposal site shall refer to a site where solid waste is finally discharged and deposited.

n.) Ecological Solid Waste Management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment.

o.) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment.

p.) Environmental fee a fee imposed to household, establishment, institutions, and all waste generators as prescribed in RA 9003.

q.) Food waste shall refer to organic wastes generated from restaurants, canteens, eateries and similar establishments.

r.) Generation shall refer to the act or process of producing solid waste.

s.) Generator shall refer to a person, natural or judicial, who last uses a material and makes it available for disposal or recycling.

t.) Hazardous waste shall refer solid waste or combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may: 1.) cause, or significantly, contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

u.) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials.

v.) Materials recovery facility includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility.

w.) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic, commercial institutional and industrial wastes and street litters.

x.) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards.

y.) Opportunity to recycle shall be refer to the act of providing a place for collecting source-separated recyclable material, located either at a disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated recyclable material from collection program that gives notice to each persons of the opportunity to recycle and encourage source separation of recyclable material.

z.) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations.



aa.) Post –consumer material shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap.

bb.) Receptacles shall refer to individual containers use for the source separation and the collection of recyclable materials.

cc.) Recovered materials shall refer to material and by-products that have been recovered or diverted from solid waste for the purposes of being collected, processed and used a raw material in the manufacture of a recycled products.

dd.) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, 21ulfil21um, glass, office paper, tin cans and other materials as may be determined by the Commission.

ee.) Recycled material shall refer to post-consumer material that has been recycled and returned to the economy.

ff.) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity, and which may be used as raw materials for the production of other goods or services, provided that the collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act.

gg.) Residual wastes refer to any material which has no more use at all and therefore be disposed of from source.

hh.) Resource conservation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recovered resources.

ii.) Resource recovery shall refer to the collection, extraction or recovery or recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use. Provided, that such resource recovery facilities exclude incineration.

jj.) Re-use shall refer to the process of recovering martials intended for the same or different purposes without the alteration of physical and chemical characteristics.

kk.) Sanitary landfill shall refer to 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.

ll.) Schedule of Compliance Shall refer to an enforceable sequence of actions or operations to be accomplished within a stipulated time frame leading to compliance with limitation,



prohibition, or standard set forth is this act or any rule or regulation issued pursuant thereto.

mm.) Secretary shall refer to the Secretary of the Department of Environment and Natural Resources.

nn.) Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal.

oo.) Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal.

pp.) Solid waste shall refer to 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.

qq.) Solid waste management shall refer to the discipline associated with the control of generation, segregation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with aesthetics, and other environment considerations, and that is also responsive to public attitudes.

rr.) Solid waste management facility shall refer to any resource recovery system or component thereof, any system, program or facility for resource conservation, any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste.

ss.) Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream be methods such as product design, materials substitution, materials re-use and packaging restrictions.

tt.) Source Separation shall refer to the sorting of solid waste into some or all its component parts at the point of generation.

uu.) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil and tires. These wastes are usually handled separately from other residential and commercial wastes.

vv.) Storage shall refer to the interim containment of solid waste after generation and prior to collection for ultimate recovery or disposal.

ww.) Transfer stations refer to those facilities utilized to receive solid wastes, temporarily

store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport.

xx.) Waste diversion shall to activities which reduce or eliminate the amount of solid wastes

from waste disposal facilities.



yy.) White goods shall refer to large worn-out or broken household, commercial and industrial appliances such as stoves, refrigerators, dishwaters, and clothes washers and dryers collected separately. White goods are usually dismantled for the recovery of specific materials (e.g., copper, 23ulfil23um, etc.)

zz.) Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetables residue that is recognizable as part of a plant or vegetable and other materials identified by the commission.

Section 5. Solid Waste Management Functions – The following functions shall be performed by the Office of the Municipal Planning and Development Coordinator (MPDC) until such time that the Municipal Environment and Natural resources Office (MENRO) is created and funded:

a.) Conduct of necessary studies (i.e. time and motion study of collection routes, feasibility studies and environmental impact assessment) related to collection, Materials Recovery Facility (MRF), composting and disposal facility.

b.) Provide technical assistance, logistical and training support to barangays and communities to help them formulate SWM strategies and plans, and implement, monitor and evaluate SWM projects.

c.) Formulate, review and refine procedures for SWM operations and enforcement, including coordination with groups and sectors providing support to the SWM program.

d.) Formulate, review and refine incentives and command and control systems to reinforce the proper practice of solid waste management.

e.) Conduct information, education and communication (IEC) campaigns.

f.) Provide technical and logistical support to the Speaker’s Bureau, volunteer enforcers, multi-sectoral monitoring and evaluation team and other groups / task forces organized to help implement the ISWM plan.

g.) Periodically monitor actual implementation of specific SWM initiatives.

h.) Periodically prepare reports on the performance status and analysis of implementation and enforcement of solid waste management ordinances.

i.) Prepare annual work and financial plans.

j.) Serve as the secretariat of the ESWM Board. The periodic reports on SWM that it will prepare will be submitted to the Board. It shall conduct research and data analysis to support the policy-making function of the Board. The annual SWM work and financial plan will be submitted to the ESWM Board for its endorsement to the SB so such can be included in the annual budget of the Municipality of Datu Abdullah Sangki. It shall keep records of all meetings and decisions of the Board, and ensure that such decisions are carried out.

Section 6. Incorporation by Reference – The Municipal Integrated Solid Waste Management Plan adopted and approved by the Sangguniang bayan through Resolution No. 009-04A DASSB is hereby incorporated by reference.



Section 7. Implementation – the Municipal Integrated Solid Waste Management Plan shall be implemented in accordance with the implementation schedule strategies and guidelines contained in the said plan.

Section 8. Mandatory Segregation of Solid Waste – The segregation of solid waste shall be mandatory. Segregation shall primarily be conducted at the source to include household, institutional, industrial, commercial and agricultural sources.

Section 9. Categories of Solid Waste – Solid waste shall be segregated into the following categories.

a.) Compostable or Biodegradable

b.) Recyclable

c.) Residual

d.) Special Waste

Section 10. Requirements for Segregation and Storage of Solid Waste – the sources of solid waste as listed above shall have separate receptacles or containers (i.e. sacks, bins, boxes, cans, bags, etc.) for each type of solid waste. The solid waste receptacle, depending on its use, shall be properly marked or identified for on-site collection as “compostable”, “recyclable”, or special waste”. The receptacles shall be properly covered, secured or protected to prevent spillage or scattering of the waste and to ensure its containment.

Section 11. Additional requirements for Premises Containing Six (6) or More residential Units – The owner or person in charge of premises containing six (6) or more residential units shall provide for the residents a designated area and containers in which to accumulate source separated recyclable materials for collection. In addition, such owner or person in change shall notify the residents or occupants of such premises of the requirements of segregation

Section 12 Additional Requirements for All Commercial, Institutional and Industrial Establishments – The owners or heads of all commercial, institutional and industrial establishments shall provide a designated areas and containers in which to accumulate source separated recyclable materials for collection. In addition, such owner or head of the institution shall notify all workers, employees, and entities working in the premises of the requirements of segregation. No scavenging or unauthorized collection in designated containers or areas shall be allowed.

Section 13. Municipal MRF – The establishment and operation of the MRF shall be in accordance with the strategy and guidelines prescribed in the municipal ISWM plan. Likewise, the minimum requirements for establishment and operation prescribed in RA 9003 and its IRR shall be complied with.

Section 14. Barangay’s MRFs – In addition to the municipal MRF, materials recovery facilities shall be established in the barangay’s or clusters of barangays. The barangay MRFs shall be established and operated in accordance with the strategy and guidelines prescribed in the municipal ISWM plan. Likewise, the minimum requirements for establishment and operation prescribed in RA 9003 and its IRR shall be complied with.

Section 5. Backyard Composting – In areas where, space is available, compost heap/bins shall be established in every household or cluster of households, institutions and establishments.



Section 16. Incineration – Incineration or open burning of solid waste shall be strictly prohibited. Segregated residual and special waste shall be disposed of at the municipal disposal facility which shall be established in accordance with the schedule and guidelines prescribed in the ISWM plan.

Section 17. Sanitary Landfill – A sanitary landfill shall be established by the Municipality in accordance with the schedule and guidelines prescribed in the ISM plan. In the establishment and operations of the sanitary landfill, the requirements and guidelines set out in the IRR of RA 9003 and the municipal ISWM plan shall be complied with.

Section 18. Information, Education and Communication – An IEC program shall be implemented by the Municipality pursuant to the strategies, mechanisms and guidelines contained in the municipal ISWM plan. The Sangguniang Bayan shall appropriate the necessary funds to support the implementation of the IEC program. The appropriation/s shall be based on the budget to be submitted by the MPDC / MENRO for the purpose.

Section 19. IEC Materials – A variety of IEC materials shall be developed to support the SWM communication program. Print materials such as information sheets, posters, flyers, billboards and banners shall be developed, reproduced and distributed to target audiences. Public service announcements, radio and TV plugs / programs shall be developed and aired through the local radio stations and local cable network.

Section 20. Issuance of Ecological Solid Waste Management Clearance – All commercial, industrial and individual establishments and agriculture business shall secure an Ecological Solid Waste Management Clearance / Certificate which will be issued by the Municipal Environment and natural resources Office 9MENRO) as a prerequisite for the application of a Mayor’s Permit or its renewal. The ESWM Clearance / Certificate will serve as a proof that the owner / manager has undergone orientation on ESWM conducted by the MENRO.

Section 21. Certification Fee – for the issuance of ESWM Clearance / Certificate, the applicant shall pay the amount of THIRTY (P 330.00) PESOS. Said amount shall be included as additional fee in the application / renewal of Mayor’s permit and payable at the Office of the Municipal Treasurer.

Section 22. Prohibited Acts – In addition to the prohibitions contained in the above provisions, the following acts are likewise prohibited.

a. Littering or throwing of waste matters in public places.

b. Dumping of garbage in public and private places.

c. Non-segregation of solid waste at source.

d. Unscheduled bringing out of waste.

e. Unauthorized dumping of solid waste at the disposal facility.

f. Improper dumping of solid waste at the disposal facility.

g. Transport of solid waste without nets or covering materials on the collection vehicles.

h. Open burning of solid waste.

i. Burning of agricultural waste.



Section 23. Fines and Penalties – The following fines and penalties shall be imposed for violation of this ordinance.

a. First Offense - P 500.00 or 8 hours community service.

b. Second Offense – P 1,000.00 or 16 hours community service.

c. Third Offense - P 2,500.00 or 40 hours community service.

d. Fourth Offense – Imprisonment of one (1) month to six (6) months at the discretion of the court.

Section 24. Violations of the Ordinance – The following procedure shall be observed in case of violation of this Ordinance.

a. Apprehension

b. Issuance of Citation Ticket

c. Payment of fine or render community service depending on prescribed penalty

d. Filing of case in court, if necessary

ARTICLE II.C – Watershed Protection Municipal Ordinance No. 004-07A DASSB, s. 2016

Section 1. Title - This ordinance shall be known as the “WATERSHED PROTECTION, CONSERVATION AND MANAGEMENT PROGRAMS OF DATU ABDULLAH SANGKI MUNICIPALITY”

Section 2. Declaration of Policy – The Municipality of Datu Abdullah Sangki hereby declares the following as its policies:

a. Recognize that a healthy and ecologically sound watershed area is vital to ecological balance where man and nature thrive in perfect harmony with each other;

b. Recognize the watershed areas are the corner stone of the aspirations of a livable municipality for the “DASENYOS” who must maintain its sustainability though a participative, empowered and environmentally conscious community;

c. Recognize that watershed are recharge areas for aquifers which are sources of drinking water that must be protected, conserved and managed for the continued and full enjoyment of the present and future generations;

d. Recognize that in the conservation of the watershed, it is deemed to be beyond the commerce of man and therefore it is not subjected to any processes by a private individual or a juridical person or entity;

Section 3. Definition of Terms – The following definitions of terms are hereby adopted for purposes of this ordinance.



a. Watershed areas – are areas of land on which rainwater drains from a river system to a common outlet such as dam, lake or sea or a topographically delineated area of land from which rainwater can drain as surface run-off via a specific river or stream system to a common outlet point which may be a dam, irrigation system or a municipal water supply take-off point or where a river or stream discharges water into a larger river, stream or lake.

b. Watershed Management - is the process of guiding and organizing uses of land and

other resources in a watershed to provide desired goals and services without adversely affecting the watershed areas and water resources.

c. Recharged areas of aquifers – refer to sources of water replenishment where

rainwater or seepage actually enters the aquifers. d. Organic farming – is a farm of agricultural practice using organic farm production

inputs and pest control agents. e. Non-organic - is when substances other than compostables inputs are used in the

production of any material or supply. f. Stakeholders – are persons or groups significantly affected by a project or

undertaking such as members of the community, industry, local government units, non-government organizations or people’s organization.

g. Monocrop agriculture – is s form of agricultural practice using only one crop

planted over large areas like bananas and pineapple farming. h. Aerial sprayings – is the use of airplanes in the application of farm chemicals over

large tracts of farms. i. Buffer Zones – are areas outside of the identified conservation and agro-forestry /

agricultural non-tillage areas but adjoining it, excluding public lands, public roads or adjacent private properties and planted with diversified trees that grow taller than what are usually planted and grown in plantations applying or using pesticides or other harmful chemicals in their operations.

j. Tenurial agreements – refer to the authority granted by DENR to any corporation,

trust, firm association or any juridical or natural person to occupy and utilize any part of the identified watershed and / or environmentally critical areas which are covered by written and official DENR documents.

k. Aquifer – means a layer of water - bearing rock located underground that transmits

water in sufficient quantity to supply wells or natural springs.

l. Aquatic life – means all organisms living in fresh water, brackish and marine environments.

m. Beneficial Use - means the use of the environment or any element or segment

thereof conducive to public or private welfare, safety and health and shall include but not limited to the use of water for domestic, municipal, irrigation, power, generation, fisheries, livestock raising, industrial, recreational and other purposes.



n. Contamination – means the introduction of substances not found in natural

composition of water that makes the water less desirable or unfit for intended use.

o. Discharge – includes, but is not limited to the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or on land from which it might flow or drain into said water.

p. Dumping – means any unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous material.

q. Effluent – means discharges from known sources which are passed into a body of water or land or waste water flowing out of manufacturing plant, industrial plant including domestic, commercial and recreational facilities.

r. Efficient Standard – means any legal restriction or limitation on quantities, rates and or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land.

s. Environmental Management – means the entire system which include but is not limited to, conservation, regulations and minimize pollution clean production, waste management, environmental law and policy, environmental education and information, study and mitigation of the environmental impacts of human activity and environmental research.

t. Hazardous Waste – means any waste or combination of wastes of solid, liquid, contained gaseous, or semi-solid from which causes or contribute to an increase in mortality or an increase in serious irreversible or to incapacitation reversible illness, taking into account toxity of such waste, its persistence and degradability in nature, its potential for accumulation or concentration in tissue and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of person or organisms.

u. Industrial Waste – means any solid, semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material.

v. Pollutant – shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly.

(i) Alters the quality of any segment of the receiving water body so as to affect adversely any beneficial use thereof;

(ii) is hazardous or potentially hazardous to health;

(iii) Imparts objectionable odor, temperature change, or physical. Chemical or biological change to any segment of the body water;

(iv) is in excess of the allowable limits or concentrations or quality standards specified, or in contravention of the condition, limitation or restriction prescribed in RA 9275;

w. Pollution Control Technology – means pollution control devices or apparatus process or other means that effectively prevent, control or reduce pollution of water



caused of efficient and other discharges from any point source at levels within the water pollution standards.

x. Sewerage– includes but is not limited to any system or network pipelines, ditches, channels or conducts including pumping stations, lift stations, and force man service, connections including other construction devices and appliances appurtenant thereto, which involve the collection, transport, pumping and treatment of sewage to a point of disposal.

y. Sewage – means water borne human or animal wastes, infections agents, excluding oil or wastes, removed from residences, buildings, institutions industrial and commercial establishment, together with such ground water, surface water and storm water or maybe present including such waste from vessels, offshore structure, other receptacles intended to receive or retain wastes or other places or the combination thereof.

z. Water body – means both natural and man-made bodies of fresh brackish and saline waters includes but is not limited to aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoir, lakes, bays, estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used purposely as water treatment facilities and or storage for recycling and re-use which are integral to process industry or manufacturing.

Section 4. Scope and Application – This ordinance shall cover all possible undertakings to protect preserve watershed system which are source of water of the Municipality of Datu Abdullah Sangki, as well as all programs to conserve water as to quantity and quality and to reserve ecological balance for purpose of maintaining water supply and quality.

Section 5. Other watershed areas – to be included in the above mentioned are all other areas that may be declared later in separate study conducted by the mines and geoscience Bureau – DENR and the Municipal Planning and Development Office which shall be adopted by this ordinance.

Article III. FINANCE AND APPROPRIATION

ARTICLE III.A – One Stop-Shop Operation Municipal Ordinance No. 003, s 2016

Section 1. Title - This One-Stop Shop operation is to provide a better and faster government action in processing both constituents of Datu Abdullah Sangki and private individuals who may have business dealings with the LGU especially in the filing of application and renewal of business permits within a specific day. Front line services includes procuring residence certificates, health and sanitation clearances, payment of fees and charges on building permits, real property assessment, fire hazard clearances and other related payments of community taxes.

Section 2. Henceforth, the Local Executive Departments and Line Agencies representatives are obliged to converge in the designated convenient area of the LGU during office hours from January 20, as follows:



1. Municipal Mayor’s Office;

2. Municipal Treasure’s Office;

3. Municipal Planning and Development Office;

4. Municipal Engineer’s Office;

5. Municipal Assessor’s Office;

6. Municipal Civil Registrar’s Office;

7. Philippines National Police;

8. Bureau of Fire Protection;

9. Municipal Health Office; and

10. Sanitary Inspector

Article IV. HEALTH AND SANITATION

ARTICLE IV.A – Smoking Ordinance Municipal Ordinance No. 09-02B DASSB, s.2016

Section 1. Title — This Ordinance shall be known as the “Smoke Free Ordinance of Datu Abdullah Sangki Municipality”

Section 2. Declaration of Policy — It is the policy of the Municipality to safeguard public health and ensure the well-being of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption.

Section 3. Coverage — This Ordinance shall apply to all persons, whether natural or juridical, whether resident or not, and in all places, found within the territorial jurisdiction of Datu Abdullah Sangki.

Section 4. Definition of Terms. — As used in this Ordinance, the terms below shall have the meanings ascribed to them in this section. Any words or terms not defined shall be given their plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance.

a. Advertising and promotion means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly.

b. Civil society organization (CSO) refers to a legally constituted voluntary civic and social organization or institution created with no participation of government, including but not limited to, charities, development non-governmental organizations (NGOs), community groups, women’s organizations, faith-based organizations, professional associations, coalitions and advocacy groups. As used in this Ordinance, CSO does not include organizations or associations related to or connected with the tobacco industry in any way.



c. Enclosed or partially enclosed means being covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary.

d. Minor refers to any person below eighteen (18) years old.

e. Outdoor advertisement refers to any sign, model, placard, board, billboard, banner, bunting, light display, device, structure or representation employed outdoors wholly or partially to advertise or promote a tobacco product to the public.

f. Person-in-charge refers to: in case of public places, public outdoor spaces and workplaces, the president/manager in case of a company, corporation or association, the owner/proprietor/operator in case of a single proprietorship, or the administrator in case of government property, office or building; in case of public conveyances, the owner, driver, operator, conductor, or the captain of the public conveyance.

g. Point-of-sale refers to any location at which an individual can purchase or otherwise obtain tobacco products.

h. Public conveyances refers to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.

i. Public places means all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including, but not limited to, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways, entrance ways, waiting areas, and the like.

j. Second-hand smoke means the smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker.

k. Smoking means being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled

.l. Tobacco Products means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as cigarettes and cigars.

m. Workplace means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces.

Section 5. Prohibited Acts — The following acts are declared unlawful and prohibited by this Ordinance:

a. Smoking in enclosed or partially enclosed public places, workplaces, public conveyances, or other public places, as defined in Section 4.



b. Selling or distributing tobacco products in a school, public playground or other facility frequented by minors, or within 100 meters from any point in the perimeter of these places.

c. Selling or distributing tobacco products to minors.

d. Purchasing tobacco products from minors.

e. Placing, posting, or distributing advertising materials of tobacco products, such as leaflets, posters and similar materials, outside the premises of point-of-sale establishments.

f. Placing, posting, or distributing advertising materials of tobacco products, such as leaflets, posters and similar materials, even if inside the premises of point-of-sale establishments, when the establishments are not allowed to sell or distribute tobacco products, as in Section 5(b) above Persons-in-charge shall be held similarly liable for the above acts if they are found to have allowed, abetted, or tolerated the same.

Section 6. Persons Liable — The following persons shall be liable under this Ordinance:

a. Any person who commits any of the prohibited acts stated in Section 5 hereof

b. Persons-in-charge who knowingly allow, abet, or tolerate the prohibited acts enumerated in Section 5, or who otherwise fail to fulfil the duties and obligations enumerated in

Section 7. Penalties —The following penalties shall be imposed on violators of this Ordinance:

a. Violation of Section 5 (a)

i. First Offense P300.00 or 1hr Community Service or both

ii. Second Offense P500.00 or 2hr community service or both

iii. Third and Subsequent Offenses P1,500.00 or half day Community Service

or imprisonment for a period not exceeding 1 month, or both at the discretion of the court

b. Violation of Section 5 (b), (c), and (d)

i. First Offense P500.00

ii. Second Offense P1,000.00

iii. Third and Subsequent Offenses P2,000.00, or imprisonment for a period not exceeding 1 month, or both at the discretion of the court

Revocation of business license or permit (in case of a business entity or establishment)

c. Violation of Section 5 (e), (f), and (g)

i. First Offense P1,000.00

ii. Second Offense P1,500.00

iii. Third and Subsequent Offenses P2,000.00, or imprisonment for a period not exceeding 1 month, or both at the discretion of the court



Revocation of business license or permit (in case of a business entity or establishment)

d. Suspension of License. The license to operate of any establishment or of any public conveyance covered by this Ordinance shall be suspended for at least one (1) week but not more than one (1) month.

e. Community Service. If a violator is unable to pay the fines imposed, he or she may choose to render community service to the municipality. For every hour of community service rendered, his outstanding fine shall be reduced by an amount equivalent to triple the hourly minimum wage of the municipality.

Article IV.B – ZERO OPEN DEFECATION Municipal Ordinance No. 12-20 DASSB, s.2017

Section 1. Title – This Ordinance shall be known as the affirmation of Datu Abdullah Sangki, a

Zero Open Defecation Municipality.

Section 2. Declaration of Policy – The Local Government of Datu Abdullah Sangki shall pursue a policy on sustainable sanitation to protect Public Health and Human Development as a fundamental Human Right, uphold and promote the Sanitation of the citizen regardless of race, gender, faith, status, and doctrine to engage and participate in promoting good sanitation and hygiene practices for them to attain healthy and sustainable living condition.

Section 3. Definition of Terms– As used in this Ordinance, the following terms shall mean:

a. SANITATION- refers to public health conditions related to clean drinking water and adequate treatment and disposal of human excreta and sewage.

b. HYGIENE – refers to conditions and practices that help to maintain health and prevent the spread of diseases.

c. ZERO OPEN DEFECATION (ZOD) – means the community exercises proper waste disposal.

Article IV.C – LOCAL HEALTH BOARD

Section 1. Creation and Composition of Local Health Board (LHB) – There shall be created a Municipal Local Health Board composed of the following:

Chairman: Municipal Mayor

Vice Chairman: Municipal Health Officer

Members: SB Chairman, Committee on Health

CSO Representatives

DOH Representative



Section 2. Duties and functions - The LHB shall have the following duties and function:

1. To propose to the Sangguniang concerned, in accordance with the standards and criteria set by the Department of Health, annual budgetary allocation for the operation and maintenance of health facilities and services within the Municipality;

2. To serve as an advisory committee to the Sanggunian concerned on health matters such as, but not limited to, the necessity for, and application of, local appropriations for public health purposes; and

3. Consistent with the technical and administrative standards of the Department of Health creates committees which shall advise local health agencies on matters such as, but not limited to, personnel selection and promotion, bids and awards, grievance and complaints, personnel discipline, budget review, operation review and similar functions.

Section 3. Meetings and Quorum - The Local Health Board (LHB) shall set their meetings in the accordance with the following:

(a) The LHB shall once a month or as often as may be necessary; and

(b) A majority of the members of the board shall constitute a quorum, but the Chairman or the Vice-Chairman must be present during the meetings where budgetary proposals are being prepared or considered. The affirmative vote of all the majority of the members shall be necessary to approve such proposals.

Section 4. Compensation and Remuneration - The Chairman, Vice-Chairman, and members of the Municipal Health Board shall perform their duties as such without compensation or remuneration. Members thereof who are not government official or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local Health Board concerned, subject to existing accounting and auditing rules and regulations.

Article V. HOUSING, PLANNING AND DEVELOPMENT. LAND USE

Article V.A – COMPREHENSIVE ZONING ORDINANCE Municipal Ordinance No. 003-14DASSB, s. 2017

Section 1. Title - This Ordinance shall be known as the Comprehensive Zoning Ordinance of the Municipality of Datu Abdullah Sangki, Province of Maguindanao.

Section 2. Authority - This Ordinance is enacted pursuant to the provisions of the New Local Government Code, RA 7160 Section 447 a.2 (7-9) dated 10 October 1991, “Authorizing the Municipality through the Sangguniang Bayan to adopt Zoning Ordinance subject to the provisions of existing laws”, and in conformity with Executive Order No. 72.

Section 3. Purposes. This Ordinance is enacted for the following purposes: 1. Guide, control and regulate future growth and development of Datu Abdullah

Sangki in accordance with its Comprehensive Land Use Plan.



2. Protect the character and stability of residential, commercial, institutional, forestry, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same.

3. Promote and protect health, safety, peace, comfort, convenience and general welfare of the inhabitants in the community.

Section 4. General Zoning Principle - This Zoning Regulations is based on the approved Land

Use Plan as per Resolution No. 003-021ADASSB dated March 28, 2017 for the Municipality of Datu Abdullah Sangki, Province of Maguindanao.

1. The Ordinance reflects the Municipality’s vision “to be a progressive, peaceful, gender fair and disaster-resilient community with agro-industrial based economy, God fearing and empowered people benefiting from ecologically-sustainable development governed by consultative local governance.”

2. The local government unit recognizes that any land use is a use by right but provides however that the exercise of such right shall be subject to the review standards of this Ordinance;

3. The Ordinance gives the free market the maximum opportunity to spur the Municipality’s development within a framework of environmental integrity and social responsibility;

4. The Ordinance has been designed to encourage the evolution of high-quality developments rather than regulating against the worst type of projects;

5. The Ordinance has been crafted in a manner that is fully responsive to the ever-changing conditions that the Municipality continually face;

6. The Ordinance functions as a tool for informed decision-making on the part of land use administrators by way of providing specific criteria to judge the acceptability of developments;

7. The Ordinance provides a direct venue for community empowerment where the stakeholders become involved especially in critical development decisions; and

8. The regulations in the Zoning Ordinance are considered as land use management tools that are necessary to provide a clear guidance to land development in order to ensure the community’s common good.

Section 5. Definition of Terms - The definition of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and Regulations promulgated by HLURB. The words, terms and phrases enumerated hereunder shall be understood to have the meaning corresponding indicated as follows:

1. Agricultural Zone (AGZ) - an area within a Municipality intended for cultivating/fishing and pastoral activities e.g. fishing, farming, cultivation of crops, goat/cattle raising, etc.

2. Agro-Industrial Zone (AIZ) - an area within a Municipality intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc.



3. HLURB/BOARD - mean the Housing and Land Use Regulatory Board.

4. Buffer Area – these are Yards, Parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where no permanent structures are allowed.

5. Central Business District - shall refer to areas designated principally for trade, services and business purposes (Commercial 1 Zone).

6. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance.

7. Compatible Use - uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground.

8. Comprehensive Land Use Plan (CLUP) - a document embodying specific proposals for guiding, regulating growth and/or development. The main components of CLUP in this usage are the ecosystem and sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use.

9. Conflicting Use - uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to residential plants.

10. Conforming Use - a use which is in accordance with zone classification as provided for in the Ordinance.

11. Easement - open space imposed on any use/activities sited along waterways, right-of-ways, cemeteries/memorial parks and utilities.

12. Environmentally Critical Areas - refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981. (Refer to Annex A)

13. Environmentally Critical Projects - refers to those projects which have high potential for negative Environmental Impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981. (Refer to Annex A).

14. Exception - a device which grants a property owner relief from certain provisions of a Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.

15. Floor Area Ratio or “FAR” - is the ratio between the gross floor area of the building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. The gross floor area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support. (refer to Annexes B-F)

16. Forest Zone (FZ) - an area within a City or Municipality intended primarily for forest purposes.



17. General Commercial Zone (GCZ) - an area within a City or Municipality intended for trading/services/business purposes.

18. General Institutional Zone (GIZ) - an area within a City or Municipality principally for general types of institutional establishments e.g. government offices, schools, hospitals/clinics, academic/research, convention centers.

19. General Residential Zone (GRZ) - an area within a City or Municipality principally for dwelling/housing purposes.

20. General Zoning Map - a duly authenticated map delineating the different zones in which the whole Municipality is divided.

22. Innovative Design - introduction and/or application of new/creative designs and techniques in development projects e.g. Planned Unit Development (PUD), Newtown, etc.

24. Locational Clearance - a clearance issued to a project that is allowed under the provision of the Zoning Ordinance as well as other standards, rules and regulations on land use.

25. Mitigating Device - a means to grant relief in complying with certain provisions of the Ordinance.

26. New Town - shall refer to a town deliberately planned and built which provides, in addition to houses, employment, shopping, education, recreation, culture and other services normally associated with a City or town.

27. Non-conforming Use - existing Non-conforming Uses/Establishments in an area allowed operating in spite of the non-conformity to the provisions of the Ordinance subject to the conditions stipulated in the Zoning Ordinance.

28. Park and Recreation Zone (PRZ) - an area designed for diversion/amusements and for the maintenance of ecological balance of the community.

29. Planned Unit Development (PUD) - it is a land development scheme wherein project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building siting, complementarity of building types and land uses, usable open spaces and the preservation of significant natural land features.

30. Quarrying – open or surface, excavation of rock /sand and gravel used for various purposes, including construction, ornamentation, road building and as industrial raw material.

31. Rezoning - a process of introducing amendments to or a change in the text and maps of the zoning ordinance. It also includes amendment or change in view of reclassification under Section 20 of RA 7160.

32. Rural Area - area outside of designated urban area.

33. Setback - the open space left between the building and lot lines.

34. Socialized Housing Zone (SHZ) - shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279.



35. Tourist Zone (TZ) - are sites within Municipalities endowed with natural or man-made physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.

39. Variance - a special Locational Clearance which grants a property owner relief from certain provisions of Zoning Ordinance where, because of the particular physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.

40. Warehouse - refers to the storage and/or depository of those in business of performing warehouse services for others, for profit.

41. Water Zone (WZ) - are bodies of water within municipalities which include rivers, streams, lakes and seas except those included in other zone classification.

42. Zone/District - an area within the Municipality for specific land use as defined by man-made or natural boundaries.

43. Zoning Administrator/Zoning Officer - a Municipal employee responsible for the implementation/enforcement of the Zoning Ordinance in a community.

44. Zoning Ordinance - a local legal measure which embodies regulations affecting land use.

Section 6. Division into Zones or Districts. To effectively carry out the provisions of this Ordinance, the Municipality is hereby divided into the following zones or districts as shown in the Official Zoning Maps.

Sample only:

1. General Residential Zone (GRZ)

2. General Commercial Zone (GCZ)

3. General Institutional Zone (GIZ)

4. Infrastructure

5. Open Space

6. Agricultural Zone (AGZ)

7. Agro-Industrial Zone (AIZ)

8. Forest Zone (FZ)

9. Parks and other Recreation Zone (PRZ)

10. Water Zone (WZ)

11. Tourist Zone (TZ)

12. Special Use

12. Quarrying



12.2 Grassland/Pasture

Section 7. Zoning Maps. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Maps for urban & rural areas and for the Municipality (General) wherein the designation, location and boundaries of the districts/zones herein established are shown and indicated. Such Official Zoning Maps shall be signed by the local chief executive and duly authenticated by the Sangguniang Panlalawigan.

Section 8. Zone Boundaries. The location and boundaries of the above mentioned various zones into which the Municipality has been divided are hereby identified and specified as follows:

Section 9. Interpretation of Zone Boundary. In the interpretation of the boundaries for any of the zones indicated on the Zoning Map, the following rules shall apply:

1. Where zone boundaries are so indicated that they approximately follow the center of street or highway, the street or highway right-of-way lines, shall be construed to be the boundaries.

2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

3. Where zone boundaries are so indicated that they approximately parallel to the center lines of right-of-way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at such distance there from as indicated in the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown in the said zoning map.

4. Where the boundary of the zone follows approximately a railroad line, such boundary shall be deemed to be the railroad right-of-way.

5. Where the boundary of the zone follows a stream, lake or other bodies of water, said boundary line shall be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines.

6. Where a lot of One ownership, as of record at the effective date of this Ordinance, is divided by a zone boundary line, the lot shall be construed to be within the zone where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the zone where the principal structure falls.

7. The textual description of the zone boundaries shall prevail over that of the official Zoning Maps.

Section 10. General Provision. The uses enumerated in the succeeding sections are not exhaustive or all inclusive. The LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS [LZBAA] shall, subject to the requirements of this Ordinance, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed.

Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the locality with due regard to the maintenance of the essential qualities of the zone.



Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within the zone of higher density (R-2, R-3) but not vice versa, nor in another zone and its subdivision (e.g. GC, C-1, C-2), except for uses expressly allowed in said zones, such the cumulative effect of zoning shall be intra-zonal and non-inter-zonal.

Section 11. Use Regulations in General Residential Zone (GRZ) - A GR zone shall be used principally for dwelling/housing purposes so as to maintain peace and quiet of the area within the zone. The following are the allowable uses:

1. Detached family dwelling

2. Apartment

3. Boarding House

5. Customary accessory uses like:

a. Guard House

b. Private garage

6. Home occupation for the practice of one’s profession or for engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:

a) The number of persons engaged in such business/industry shall not exceed Five (5), inclusive of owner;

b) There shall be no change in the outside appearance of the building premises.

c) No home occupation shall be conducted in any customary accessory uses cited above.

d) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and in a place other than the required front yard.

e) No equipment or process shall be used in such home occupation which create noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage of the premises.

7. Home Industry classified as cottage industry provided that:

a) Such home industry shall not occupy more than thirty percent (30%) of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance.

b) Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI).

c) Such shall consider same provisions as enumerated in letters c, d, and e number 12, home occupation, this section.



8. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as:

a) Swimming pool

b) Others

9. Nursery/Elementary School

10. High School

11. Religious Use

12. Multi-purpose hall/Barangay hall

13. Clinic, nursing and health center

14. Plant nurseries

Section 12. Use Regulation in General Commercial Zone (GCZ). A GC Zone shall be for business/service uses. Within the zone the following types of establishments shall be allowed:

1. Offices like:

a) Office Building

2. Food markets and shops like:

a) Bakery and Bake Shop

b) Grocery

c) Supermarket

3. Personal service shops like:

a) Beauty Parlor

b) Barber Shop

c) Massage Clinic

d) Dressmaking and Tailoring Shops

4. Recreational center/establishments like:

a) Play court e.g. billiard hall

b) Swimming Pool

c) Other Sports and Recreational Establishment



5. Restaurant and other eateries

6. Store rooms but only may be necessary for the efficient conduct of the business

7. Commercial Housing like:

a) Hotel

b) Apartment

c) Boarding House

8. Filling Station/Service stations

9. Clinic

10. Messenger Services

11. Bank and other financial institutions

12. Radio and Television station

13. Building Garage, Parking Lot

14. Bakery and Baking of Bread, Cake, Pastries, Pies and other similar perishable products.

15. Custom Dressmaking Shop

16. Custom Tailoring Shop

17. Commercial and Job Printing

18. Typing and Photo Engraving Services

19. Repair of Clock and watches

20. Transportation Terminals/Garage with and without repair

21. Repair Shops like:

a) House Appliance repair shops

b) Motor Vehicles and accessory repair shops

c) Home Furnishing Shop

22. Printing /Publishing

23. Machinery Display Shop/Center

24. Gravel and Sand

25. Lumber/Hardware

26. Printing and Publishing of Books and pamphlets, printing cards, and stationary

27. Manufacture of signs and advertising displays (except printed)



28. Manufacture of wood furniture including upholstered

29. Manufacture of rattan furniture including upholstered

30. Welding Shops

31. Machine shop services operation (repairing/rebuilding, or custom job orders)

32. Medium Scale junk shop

33. Repair of motorcycles

34. Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried bakery products.

35. Other bakery products not elsewhere classified (n.e.c.)

36. Repacking of food products e.g. fruits, vegetables, sugar and other related products.

37. Plant Nursery

38. Parking lots and garage facilities

39. Other commercial activities not elsewhere classified

Section 13. Use Regulations in General Institutional Zone (GIZ). In GI Zone, the following uses shall be allowed:

1. Government center to house national, regional or local offices in the area.

2. Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of higher learning.

3. General Hospital, medical centers, multipurpose clinics

4. Religious structures e.g. church, seminary, convents

5. Student housing e.g. dormitories, boarding house

Section 14. Use Regulations in Special Institutional Zone (SIZ). In SI Zone, the following uses shall be allowed:

1. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, ex-sanitaria inmates and similar establishments

2. Penitentiary and correctional institution.

Section 15. Use Regulations in Parks and Recreation Zone (PRZ). The following uses shall be allowed in Parks and Recreation Zones:

1. Parks/Gardens

2. Open air or outdoor sports activities and support facilities, including, gyms, amphitheaters and swimming pools



3. Ball courts, race tract and similar uses

Section 16. Use Regulations for Agricultural Zone (AGZ). In Agricultural. Zone the following uses shall be permitted:

1. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like

2. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc.

3. Silviculture, mushroom culture, fishing and fish culture, and the like.

4. Customary support facilities such as palay dryers, rice threshers, and storage barns and warehouses.

5. Ancillary dwelling units / farmhouses for tellers and laborers.

6. Pastoral activities such as: goat raising and cattle fattening.

7. Home occupation for the practice of One’s profession or engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:

a) The number of persons engaged in such business/industry shall not exceed Five (5), inclusive of owner;

b) There shall be no change in the outside appearance of the building premises.

c) No home occupation shall be conducted in any customary accessory uses cited above.

d) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and in a place other than the required front yard.

e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage of the premises.

8. Home Industry classified as cottage industry provided that:

a.) Such home industry shall not occupy more than thirty percent (30%) of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance.

b.) Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI).

c.) Such shall consider same provisions as enumerated in letters c, d, and e of Home Occupation, this section.

9. Backyard raising of livestock and fowl, provided that:

a.) For livestock - a maximum of 10 heads



b.) For fowl - a maximum of 500 heads

10. Slaughterhouse/Abattoirs (Class A)

Section 17. Use Regulations in Agro-Industrial Zone (AIZ). In Agri-I. Zone the following uses shall be permitted.

1. All uses allowed in agriculture

2. Rice / Corn Mills (single pass)

3. Drying, cleaning, curing and preserving of meat and its by products and derivatives

4. Drying, smoking and airing of tobacco

5. Manufacture/ processing of other plantation crops, e.g. calamansi, bananas, etc.

6. Other accessory uses incidental to agro-industrial activities.

Section 18. Use Regulations in Forest Zone (FZ) - No development use, or activity shall be allowed in forest zone unless consistent with DENR development regulations for forest zones and a permit, lease or license is issued by DENR for the following:

1. Contract Reforestation with Forest Land Management Agreement (FLMA)

2. Commercial Tree Plantation and Industrial Forest Plantation

3. Integrated Social Forestry Program (ISF)

4. Community Based Forest Management (CBFM)

5. Reforestation compliance by forest users by Temporary Lease Agreement

6. Reforestation compliance by Pasture Lease Agreement

7. Ecological Revolution Program

Other allowable uses such as Quarrying, Infrastructure Development, Fishpond and Resettlement purposes should be in consonance with National Policies as enumerated below:

1. Quarrying

No extraction, excavation or other mining activity shall be undertaken except in accordance with the Mining/Quarrying Code and its Implementing Rules and Regulations.

2. Fishpond Purposes

Fishing activities within the Forest Zone shall be undertaken pursuant to the provision of the Fisheries Code of the Philippines as amended.

3. Infrastructure and Resettlement

Infrastructure Development and Resettlement undertaken within Forest Zone shall be consistent with the provisions of the Revised Forestry Code of the Philippines, as



amended, and subject to an Environmental Impact Assessment, prior to the approval of such projects in order to determine their Environmental Impacts and Social Acceptability.

Section 19. Use Regulations in Water Zone (WZ)

1. The utilization of water resources for Domestic and Industrial Use shall be allowed provided it is in consonance with the Development Regulations of DENR, provisions of Water Code, and the revised Forestry Code of the Philippines, as amended, and provided further, that it is subjected to an Environmental Impact Assessment prior to the approval for its use.

2. Other uses such as Recreation, fishing and related activities, Float age/ Transportation and Mining (e.g. Off Shore Oil Exploration) shall also be allowed provided it is in consonance with the provision of Water Code, and the revised Forestry Code of the Philippines, as amended. Such bodies of water shall include rivers, streams, lakes and seas.

Section 20. Use Regulations in Tourist Zone (TZ)

No Tourism Project or Tourist related activities shall be allowed in Tourist Zones unless developed or undertaken in accordance with the Department of Tourism (DOT) Guidelines and Standards and granted approval by the Tourism Estate Department of DOT.

Section 21. Development Density - Permitted Density shall be based on the Zones Capacity to

support development.

a) Residential Zones

b) All Other Zones

There is no fix maximum density but should be based on the planned absolute level of density that is intended for each concerned zone based on the Comprehensive Land.

Section 22. Height Regulations - Building Height must conform to the height restrictions and

requirements of the Air Transportation Office (ATO) as well as the requirements of the National Building Code, the Structural Code, as well as Laws, Ordinances, Design Standards, Rules and Regulations related to Land Development and Building Construction and the various Safety Codes.

A. Residential Zones

B. All Other Zones

There are no fixed Building Height limits except those prescribed by the Air Transportation Office (ATO) and other Government Regulations, within these zones, Building Height shall be based on the prescribed Floor Area Ratio (FAR).

Section 23. Exemptions from the Height Regulations in R-1 - Exempted from the imposition

of Height Regulations in residential zone are the following: Towers, Church, Steeples,



Water Tank and other utilities and such other structures not covered by the Height Regulations of the National Building Code and/or Air Transportation Office (ATO).

Section 24. Area Regulations - Area Regulations in all zones shall conform to the minimum

requirement of the existing Codes such as:

a. BP 220 - “Promulgation of the Different Level of Standards and Technical Requirement for Economic and Socialized Housing Projects” and its Revised Implementing Rules and Regulations;

b. PD 1096 - National Building Code;

c. Fire Code;

d. Sanitation Code;

e. Plumbing Code;

f. Structural Code;

g. Executive Order No. 648; and

h. Other relevant guidelines promulgated by the National Agencies concerned.

Section 25. Road Setback Regulations - The following road setback regulations shall be applied:

Table 1. ROAD SETBACK

Zoning Classification Major Thoroughfare

30m. & above

Diversion/Railways Secondary Road

Provincial Tertiary Road

6m. & below

Mun. /Brgy.

Residential 10 m. 10 m. 3 m.

Commercial 20 m. 20 m. 7 m.

Industrial 30 m. 25 m. 10 m.

Agriculture 20 m. 20 m. 7 m.

Agro-Industrial 30 m. 25 m. 10 m.

Forest 30 m. 25 m. 10 m.

Section 26. Easement - Pursuant to the provisions of the Water Code:



1. The banks of rivers and streams and the shores of the seas, lakes throughout their length and within a Zone of Three (3) meters in Urban Areas; Twenty (20) meters in Agricultural Areas and Forty (40) meters in Forest Areas, along their margins, are subject to easement of Public Use in the interest of Recreation, Navigation, Float age, Fishing and Salvage.

2. No person shall be allowed to stay in this Zone longer than what is necessary for space or Recreation, Navigation, Float age, Fishing or Salvage or to build structures of any kind.

Section 27. Buffer Regulations - A buffer of Three (3) meters shall be provided along entire boundary length between Two or more conflicting zones allocating 1.5 meters from each side of the district boundary. Such Buffer Strip should be open and not encroached upon by any building or structures and should be part of the yard or open space.

Section 28. Specific Provisions in the National Building Code - Specific provisions stipulated in the National Building Code P.D. 1096) as amended thereto relevant to traffic generators, advertising and business signs, erection of more than One principal structure, dwelling or rear lots, access yard requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be observed.

Section 29. Innovative Techniques or Designs - For projects that introduce flexibility and creativity in design or plan such as but not limited to Planned Unit Development, Housing Projects covered by New Town Development under RA 7279, BLISS Commercial Complexes, etc. The Zoning Administrator/Zoning Officer shall on grounds of innovative Local Government Units concerned has the capacity to process the same.

Section 30. Projects of National Significance - Projects may be declared by NEDA Board.as Projects of National Significance pursuant to Section 3 of EO 72. When a project is declared by NEDA Board as a Project of National Significance, the Locational Clearance shall be issued by HLURB pursuant to EO 72.

Section 31. Environmental Compliance Certificate (ECC) - Notwithstanding the issuance of Locational Clearance under Section 37 of this Ordinance, neither No Environmentally Critical Projects nor Projects located in Environmentally Critical Areas shall be commenced, developed or operated unless the requirements of ECC have been complied with.

Section 32. Subdivision Projects - All owners and/or developers of Subdivision Projects shall in addition to securing a Locational Clearance under Section 37 of this Ordinance be required to secure a Development Permit pursuant to the provisions of PD 957 and its Implementing Rules and Regulations or BP 220 and its Implementing Rules and Regulations in the case of Socialized Housing Projects in accordance with the procedures laid down in EO 71, series of 1993.

Section 33. Deviation - Exceptions, Variances or Deviations from the provisions of this Ordinance may be allowed by the Local Zoning Board of Adjustment and Appeals (LZBAA) only when the following terms and conditions are existing:

1.Variance

a. The property is unique and different from other properties in the adjacent locality and because of this uniqueness, the owner/s cannot obtain a reasonable return on the property.



These conditions shall include at least 3 of the following provisions:

• Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape) which is not self-created.

• The proposed variance is the minimum deviation necessary to permit reasonable use of the property.

• The variance will not alter the physical character of district or zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of the other properties in the same district or zone.

• That the variance will not weaken the general purpose of the Ordinance and will not adversely affect the public health, safety or welfare.

• The Variance will be in harmony with the spirit of this Ordinance.

2. Exceptions

a. The exception will not adversely affect public health, safety and welfare and is keeping with the general pattern of development in the community.

b. The proposed project shall support economic based activities/ provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community.

c. The exception will not adversely affect the appropriate use of adjoining property in the same district.

d. The exception will not alter the essential character and general purpose of the district where the exception sought is located.

Section 34. Procedures for Granting Exceptions and Variances - The procedure for the granting of exception and/or variance is as follows:

1. A written application for an exception or variance shall be filed with the Local Zoning Board of Adjustment and Appeals (LZBAA) citing the section of this Ordinance under which the same is sought and stating the ground/s thereof.

2. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site.

3. The Local Zoning Board of Adjustment and Appeals (LZBAA) shall conduct preliminary studies on the application.

4. A written Affidavit of Non-objection of the project by the owners of the properties adjacent to the project shall be filed by the applicant with LZBAA at least fifteen (15) days prior to the decision for exception/variance.

5. In case of objection, the LZBAA shall hold public hearing.



6. At the hearing any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies.

7. The LZBAA shall render a Decision within thirty (30) days from the filing of the applications, exclusive of the time spent for the preparation of written Affidavit of Non-objection and the Public Hearing in case of any objection to the granting of exception/variance.

Section 35. Locational Clearance - All owners/developers shall secure Locational Clearance from the Zoning Administrator/Zoning Officer or in the case of Variances and Exceptions, from the Local Zoning Board of Adjustment and Appeals (LZBAA) prior to conducting any activity or construction on their property/land.

Section 36. Building Permit - No Building Permit shall be issued by the Local Building Officer without a valid Locational Clearance in accordance with this Ordinance.

Section 37. Non-user of Locational Clearance - Upon issuance of a Locational Clearance, the grantee thereof shall have One year within which to commence or undertake the use, activity or development covered by such clearance on his property. Non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new clearance.

Section 38. Certificate of Non-Conformance - A Certificate of Non-Conformance shall be applied for by the owner of the structure or operator of the activity involved within Six (6) months from the ratification of the zoning ordinance by the Sanguniang Panlalawigan (SP). Failure on the part of the owner to register/apply for a Certificate of Non-Conformance shall be considered in violation with the Zoning Ordinance and is subject to fine/penalties.

Upon approval of this Ordinance, the Zoning Administrator/Zoning Officer shall immediately notify owners of known existing non-conforming use to apply for Certificate of Non-Conformance.

Section 39. Existing Non-Conforming Uses and Buildings - The lawful uses of any building, structure or land at the time of adoption or amendment of this Ordinance may be continued, although such uses do not conform to this provision of this Ordinance, provided:

1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exists at the time of the adoption of this Ordinance.

2. That no such non-conforming use which has ceased operation for than One (1) year be again revived as non-conforming use.

3. An idle/vacant structure may not be used for non-conforming activity.

4. That any non-conforming structure, or structures under One ownership which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost.

5. That should such non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of



construction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

6. That no such non-conforming use maybe moved to displace any conforming use.

7. That no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

8. That should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulations of the district in which it is moved or relocated.

In addition, the owner of a non-conforming use shall program the phase-out and relocation of the non-conforming use within Ten (10) years from the effectivity of this Ordinance.

Section 40. Responsibility for Administration and Enforcement - This Ordinance shall be enforced and administered by the Local Chief Executive through the Zoning Administrator/ Zoning Officer who shall be appointed by the former in accordance with existing Rules and Regulations on the subject.

Section 41. Powers, Functions & Qualification of a Zoning Administrator/Zoning Officer Pursuant to the provisions of E.O. 72 implementing RA 7160 in relation to Section 5, Paragraph a & b, Section 7 of Executive Order No. 648 dated 07 February 1981, The Zoning Administrator/ Zoning Officer shall perform the following functions, duties and responsibilities:

I. Enforcement

A. Act on all applications for Locational Clearances for all projects.

1. Issuance of Locational Clearance for projects conforming to zoning regulations.

2. Recommend to the Local Zoning Board of Adjustment and Appeals (LZBAA) the grant or denial of applications for variances and exceptions and the issuance of the Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the Zoning Ordinance, including clearances for repairs/renovation on non-conforming uses consistent with the guidelines therefore.

B. Monitor on-going /existing projects within their respective jurisdictions and issue notices of violation and show cause order to owners, developers, or managers of projects that violated zoning ordinance and if necessary, pursuant to Sec. 3 of EO 72 and Sec. 2 of EO 71 refer subsequent actions thereon to HLURB.

C. Call and Coordinate with the Philippine National Police for enforcement of all orders and processes issued in the implementation of this ordinance.

D. Coordinate with the Municipal Attorney for other Legal

II. Planning

A. Coordinate with the Regional Office of HLURB regarding proposed amendments to the zoning ordinances prior to the adoption by the Sangguniang Bayan.



Section 42. Action on Complaints and Oppositions - A complaint for violations of any provision of the zoning ordinance or of any clearance or permits issued pursuant thereto shall be filed with the LZBAA.

However, oppositions to application for clearance, variance or exceptions shall be treated as a complaint and dealt with in accordance with the provision of this section.

Section 43. Functions and Responsibilities of the Local Zoning Board of Adjustment and Appeals - There is hereby created a LZBAA which shall perform the following functions and responsibilities:

a.) Act on Applications of the following nature:

1. Variances

2. Exceptions

3. Non-conforming uses

4. Complaints and opposition to application

b.) Act on appeals on grant or denial of Locational Clearance by the Zoning Administrator/ Zoning Officer.

Decisions of the Local Zoning Board of Adjustment and Appeals shall be appealable to HLURB.

Section 44. Composition of the Local Zoning Board of Adjustment and Appeals (LZBAA) The Municipal Development Council shall create a Sub-committee which shall act as the LZBAA composed of the following members:

1. Municipal Mayor as Chairperson

2. Municipal Legal Officer/Municipal Administrator

3. Municipal Assessor


5. Municipal Planning and Development Coordinator (or the Zoning Administrator)

6. Two (2) representatives of the private sector nominated by their respective organization and confirmed by the Municipal Mayor. In the event of non-availability of any officials enumerated above, the Sangguniang Bayan shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives.

7. Two (2) representatives from non-government organization nominated by their respective organization and confirmed by the Municipal Mayor. In the event of non-availability of any officials enumerated above, the Sangguniang Bayan shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives.

For purposes of policy coordination, said Committee shall be attached to the Municipal Development Council.



Section 45. Interim Provision - Until such time that the Local Zoning Board of Adjustment and Appeals shall have been constituted, the HLURB shall act as the Local Zoning Board of Adjustment and Appeals. As an appellate Board, the HLURB shall adopt its own rules of procedure to govern the conduct of appeals arising from the administration and enforcement of this Ordinance.

Section 46. Review of the Zoning Ordinance - The Municipal Development Council shall create a Sub-committee, the Local Zoning Review Committee (LZRC) that shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following reasons/situations:

a. Change in Local Development Plans

b. Introduction of Projects of National Significance

c. Petition for Rezoning

d. Other reasons which are appropriate for consideration.

Section 47. Composition of the Local Zoning Review Committee (LZRC) - The Local Zoning Review Committee shall be composed of sectoral experts. These are the Local Officials/Civic Leaders responsible for the operation, development and progress of all sectoral undertaking in the locality, e.g.:

1. Municipal Planning and Development Coordinator

2. Municipal Health Officer

3. Municipal Agriculturist

4. President, Association of Barangay Captains


6. Municipal Environment and Natural Resources Officer (MENRO)

7. Municipal Agrarian Reform Officer (MARO)

8. District School Supervisor

9. Three (3) Private Sector Representatives (Local Chamber of Commerce, Housing Industry and Homeowner’s Association).

10. Two (2) NGO Representatives.

For purposes of policy coordination, the LZRC shall be attached to the Municipal Development Council.

Section 48. Functions of the Local Zoning Review Committee - The Local Zoning Review Committee shall have the following powers and functions:

A. Review the Zoning Ordinance for the following purposes:

1. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan.



2. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted.

3. Identify provisions of the Ordinance difficult to enforce or are unworkable.

B. Recommend to the Sangguniang Bayan necessary legislative amendments and to the local planning development staff the needed changes in the plan as a result of the review conducted.

C. Provide information to the HLURB that would be useful in the exercise of its functions.

Section 49. Amendment to the Zoning Ordinance. Changes in the Zoning Ordinance as a result of the review by LZRC shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be subject to Public Hearing and Review Evaluation of Local Zoning Review Committee and shall be carried out through a resolution of Three-Fourths vote of the Sangguniang Bayan. Said amendment shall take effect only after approval and authentication by the Sanggunian Panlalawigan.

Section 50. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding P2,000 or an imprisonment for a period not exceeding Six (6) Months or both at the discretion of the Court. In case of violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officers thereof.

Article VI. PEACE AND ORDER

Article VI.A – Prohibition of Firecrackers and others Municipal Ordinance 010-07 DASSB, s.2016

Section 1. Purpose – It is the purpose of this ordinance to prohibit the manufacture, sale, distribution, possession and use of firecrackers or pyrotechnic devices and such other similar devices and the exploding of firecrackers and other explosives, within Datu Abdullah Sangki, Maguindanao in furtherance of public safety, peace, order and security of the community.

Section 2. Prohibited Acts – (a) It shall be unlawful for any person or business establishment to manufacture, sell or offer for sale, distribute, possess or use any firecracker or pyrotechnic device or such other similar devices within the territory of Datu Abdullah Sangki, Maguindanao;

(b) It shall, likewise, be unlawful for any person to discharge or explode, or cause to discharge or to explode, any firecracker, or any explosive or to use any pyrotechnic device or any such other similar device, at anytime and anywhere within the territory of Datu Abdullah Sangki Maguindanao.

Section 3. Penalties – Violation of any of the provisions of Section 2 of this Ordinance shall be penalized as follows:



(a) For the first offense, a fine of One Thousand Pesos (₱ 1,000.00) or imprisonment of not more than One (1) month but not less than Twenty (20) days, or both fine and imprisonment, at the discretion of the Court;

(b) For the second offense, a fine of Three Thousand Pesos (₱ 3,000.00) or imprisonment of not more than Three (3) months but not less than One (1) month, or both fine and imprisonment, at the discretion of the Court;

(c) For the third offense, a fine of Five Thousand Pesos (₱ 5,000.00) or imprisonment of not more than Six (6) months but not less than Three (3) month, or both fine and imprisonment, at the discretion of the Court;

If the violation is committed by a business establishment, the President or General Manager or the person, acting in behalf of either President or General Manager shall be held liable in the case of a corporation or partnership, or the owner or proprietor or the person acting in his behalf shall be held responsible in the case of a single proprietorship.

The sharing system in the payment/ collection of fine charges shall be undertaken, applied by the Local Government Unit and the implementing agencies concern and a reward to a valid tipster, reporter will be provided.

In addition to the foregoing penalties, the business permit of the business establishment shall be cancelled by the Municipal Mayor upon the commission of the third offense.

Article VI.B – ANTI- MODIFIED MUFFLERS Municipal Ordinance No. 09-2D DASSB, S.2016

Section 1. Declaration of Policy - It is the policy of this Municipality to see to it that all

existing laws, rules, regulations, decrees, ordinances and resolutions promulgated by authorities be observed and respected.

Section 2. Prohibited Act - An act committed by the vehicle owners/operators, drivers for using modified mufflers which create excessive and irritating sound which result to noise pollution within the Municipality of Datu Abdullah Sangki, Maguindanao.

Section 3. Enforcement Clause -The Philippine National Police, the Local Chief Executive, duly deputized non-government organization;

Section 4. Penalties. Violation of this Ordinance shall be punished or meted the following:

1. For the first offence, the offender shall pay a fine of P500.00, wherein the motor vehicle shall be impounded for one (1) day at the PNP-D.A.S. Headquarters;

2. For the second offence, the offender shall pay a fine of P800.00, wherein the motor vehicle shall be impounded for two (2) days at the PNP-D.A.S. Headquarters;

3. For the third offence, the offender shall pay a fine of P1,500.00, wherein the motor vehicle shall be impounded for three (3) days at the PNP-D.A.S. Headquarters;

4. The MTOP of public motor vehicles such as tricycles, jeeps or other mode of public transportation within the municipality shall be automatically cancelled. Pending the restoration of its original muffler.



5. After serving corresponding penalty of each offence, the offender of this Ordinance will be given a maximum period of three (3) days to restore, replace, or repair its original muffler.

Article VI.C – MUNICIPAL PEACE AND ORDER COUNCIL

Section 1. Declaration of Policy – It is the policy of the Municipality to promote and maintain peace, order and security over its populace. Every citizen shall be a stakeholder in building a society that is free from fear, harassment and exploitation.

Section 2. Creation and Composition – There shall be created a Municipal Peace and Order Council (MPOC) composed of the following:


Vice-Chair: Municipal Vice-Mayor

Members: SB Committee Chairman on Peace & Order

ABC President. Liga ng mga Barangay

Municipal Chief of Police

MAO

Mun. Engineer

Mun. Health Officer

Mun. Social Welfare and Development Officer

District Supervisor

IP Representative

Three (3) CSO Representatives

Section 2. Duties and Functions - The duties and functions of the Municipal Peace and Order Council are as follows:

(a) Formulate plans and recommend such measures which will improve or enhance peace and order and security in their respective areas of responsibility including anti-insurgency measures;

(b) Monitor the implementation of peace and order programs and projects at the Municipal level and the operation of Civilian Volunteer Self Defense Organizations and such other counter-insurgency programs and activities;

(c) Make periodical assessments of the prevailing peace and order situations in their respective areas of responsibility and submit report thereon with the recommendations to the Chairperson of the higher Peace and Order Councils;

(d) Recommend measures to converge and orchestrate internal security operations efforts of civil authorities and agencies, military and police;

d) Apply moral persuasion to and/or recommend sanctions against local chief executives who are giving material and political support to the Communist rebels;



(e) Receive complaints against government personnel, civilian or military and endorse the same to the agency concerned and demand/compel such agency to submit report of action taken thereon;

(f) Perform all other functions assigned by law, the Chairman or the MPOC.

Section 3. Meetings – The Municipal Peace and Order Council shall meet at least once a month or as often as may be necessary.

Article VI.D – PEOPLE’S LAW ENFORCEMENT BOARD Resolution No. 001-054-DASSB, s 2018

Section 1. Creation – There is hereby created a People’s Law Enforcement Board (PLEB)

which shall have jurisdiction to hear and decide citizen’s complaints or cases file before it against erring officers and members of the Philippine National Police assigned in the Municipality of Datu Abdullah Sangki.

Section 2. Composition and Term of Office – The following is the composition of the People’s Law Enforcement Board:

SB Member

Punong Barangay

Three (3) other respective members of the community

(The Chairman of the PLEB shall be elected among its members. The term of office of the members shall be for a period of two years from assumption of office. However, such member shall hold office successor shall be chosen and qualified)

Article VII. SENIOR CITIZEN

Article VII.A – MSM HEALTH AND WELLNESS CENTER Municipal Ordinance No. 12-21DASSB, s.2017

Section 1. Title - This Ordinance shall be known as “Declaration of the South Portion of the Municipal Compound as the MSM Health and Wellness Center”

Section 2, Declaration of Policy – It is the policy of the Municipality of Datu Abdullah Sangki to provide a health care and rehabilitation system for its constituents especially the elderly and to give full support to the improvement of their well-being.

Section 3. Definition of Terms. As used in this Ordinance, the following terms shall mean:

a. Health – means the condition of being sound in body, mind, or spirit.

b. Wellness – refers to the state of being in optimal mental and physical health

c. Wellness Center – is an establishment that offers health services for both mind and body.



Article VIII. TRANSPORTATION

Article VIII.A – SPEED LIMIT ORDINANCE Municipal Ordinance No. 004, s 2014

Section 1. Title – This ordinance shall be known as “Speed Limit Ordinance of 2014”

Section 2. Declaration of Policy – It is the policy of the Municipality of Datu Abdullah Sangki to uphold the right to the life of its constituents and protect properties of all persons following the general welfare as enshrined in the Constitution and as provided for under the Local Government Code of the Autonomous Region in Muslim Mindanao that by regulating the speed of all vehicles passing through the National Highway shall minimize if not eliminate loss of lives and damages to properties, It also upholds the right of the vehicle drivers, passengers and pedestrians, respectively.

Section 3. Coverage – This ordinance shall cover all types of vehicle passing through National Highway within the area of the Municipality of Datu Abdullah Sangki.

Section 4. Speed Limit – There is hereby declared maximum speed limits along the portions of the National Highway within the area of jurisprudence of the Municipality enumerated hereunder, viz:

1. From the boundary of Barangay Kamasi, Ampatuan and Barangay Talisawa, Datu Abdullah Sangki and Barangay Kauran - 60 kph

2. School Zone Areas - 40 kph

Section 5. Exemptions – The following are exempted from the speed limit ordinance:

1. Philippine National Police;

2. Fire Trucks responding to all emergency situations;

3. Ambulance carrying patients and responding to emergency situations;

4. Private vehicle carrying patients to hospital under emergency situation;

5. Other vehicle under circumstances analogous to the foregoing.

Provided that such vehicles, for purposes of determining an emergency situation, shall turn their headlights, blink their hazard lights and whenever applicable, blow their horns or use their sirens.

Section 6. Guiding Principles – This ordinance declares the following as basic guiding principles;

1. Safety and security is the principal concern of the National Government and the Local Government Units;

2. Signage indicative of the maximum speed limit shall be installed along the National Highway of Datu Abdullah Sangki Municipality;

3. The Local Executive shall provide speed gun to ensure the proper implementation of this ordinance;

4. The Philippine National Police shall be the lead implementing agency



5. The Office of he Municipal Treasure shall be responsible for the issuance of Official Receipt (O.R) to those who violates this ordinance.

Section 7. Implementation – For the effective and efficient implementation of this ordinance,

the Office of the Municipal Mayor through the Office of the Municipal Engineer shall provide signages in the areas designated in Section 4 hereof to guide the motorists for them to comply with the speed limit herein provided.

Section 8. Implementing Rules and Regulations – Within thirty (30) days after the approval of

this ordinance, the Office of the Municipal Mayor shall promulgate Implementing Rules and Regulations (IRR).

Section 9. Penalties – Any violation of the provisions of this ordinance shall be penalized as follows:

First Offense - a fine of P 500.00

Second Offense - a fine of P 1,000.00

Third Offense - a fine of P 2,000.00 and confiscation of license

Article VIII.B – SEATING CAPACITY Municipal ordinance No. 09-02A DASSB, s.2016

Section 1. Title – This ordinance shall be known as the “The Seating Capacity Ordinance of the Municipality of Datu Abdullah Sangki;”

Section 2. Definition of Terms – When used in this Ordinance, the following terms and phrases shall mean;

a. Bicycle – a 2-wheeled vehicle that a person rides by pushing on foot pedals and steered through the use of handlebars. Also known as bike, cycle, push bike – two-wheeler or mountain bike;

b. Tricycle (Autocalesa) – a 3 – wheeled vehicle that a person rides which is empowered by a motor and steered through the use of handlebars. A side car is attached to the motorcycle the front side of which carries three (3) passengers, and the main motorcycle holding one (1) passenger plus the driver;

c. Pedicab – a 3 –wheeled vehicle that a person rides by pushing on foot pedals and steered through the use of handlebars. A side car is attached to the main bicycle that accommodates three (3) persons plus the driver;

Section 3. Regulation – The seating capacity of Public Utility and private Tricycles (Autocalesa), Pedicabs and bicycles in the Municipality of Datu Abdullah Sangki;

Section 4. Speed Limit- There shall be a speed limit of forty kilometers per hour (40 km/ h) for all types of vehicles passing through the National Highway within the jurisdiction of Datu Abdullah Sangki Municipality.

Section 5. Driving without License – Driving without the required Driver’s License, Professional for those who drive public utility vehicles/ deliveries and hauling, and Sub-



professional for those who drive private vehicles and the likes, issued by Land Transportation Office (LTO) are strictly prohibited within the Municipality of Datu Abdullah Sangki. Maguindanao.

Those holding a Student Driver’s Permit must be accompanied by a driver with Professional Driver’s License when driving a motor vehicle.

Section 6. Unregistered Vehicles – Unregistered motor vehicles or those with expired

registration papers are prohibited within the Municipality.

Section 7. Speed Competition – Drag racing or speed competition in the Barangay, Municipal, Provincial and National Roads within the jurisdiction of Municipality of Datu Abdullah Sangki, Maguindanao is hereby prohibited.

Section 8. No Helmet, No Travel Policy – Driving of motorcycle without the required helmet or head gear as prescribed under RA No. 10054, otherwise known as ‘Mandatory Helmet Act of 2009”, is strictly prohibited within the jurisdiction of the Municipality of Datu Abdullah Sangki, Maguindanao.

Section 9. No Children as Passengers or Back Riders in Motorcycle – It is hereby prohibited for any motorcycle driver to have children seven (7) years old and below as “passengers” or “back riders” at any time on any street in the Municipality.

Motorcycles are likewise prohibited to have more than one (1) adult passenger/ back rider.

Article IX. TOURISM

Article IX.A – LOCAL TOURISM OFFICE Municipal Ordinance 01, s.2014

Section 1. Creation - The Municipal Government of Datu Abdullah Sangki hereby creates the Datu Abdullah Sangki Local Tourism Office (DASLTO).

Section 2. Duties and Functions - The Datu Abdullah Sangki Tourism Office shall have the following functions and responsibilities:

a) To prepare and formulate plans and programs for the promotion of local tourism;

b) To prepare and establish a data base of local resources and manpower that may be necessary in the promotion of Tourism;

c) To carry out the implementation of the provisions of the Datu Abdullah Sangki Tourism Code that is appropriate for the effective and efficient conduct of its functions;

d) To undertake publicity and promotional programs and projects to boost local tourism through dissemination of advertising materials and setting up of various activities related to such as tourism fairs, exhibits and others;

e) To coordinate and seek assistance of other government and non-government organizations to promote local tourism;



f) To solicit, secure and obtain donations, financial grants and/or technical assistance from national and international institutions or foundations for the enhancement of local tourism;

g) To prepare and make available at all times all documents, materials, relevant information relative to tourism as may be required during presentations, meetings, and researches;

h) To prepare and submit regular reports of tourism related activities , such as seminars, festivals, lakbay-aral, sisterhood agreements, benchmarking with other LGUs and other non-governmental organizations including private sectors; and

i) To perform such other functions and duties as may be prescribed by the Office of the Local Chief Executive.

Article IX.B – TOURISM INFORMATION AND ASSISTANCE CENTER DESK Municipal Ordinance No. 002-13c, s. 2017

Section 1. Title - The Municipal Government of Datu Abdullah Sangki hereby creates the Datu Abdullah Sangki Tourist Information and Assistance Center/Desk.

Section 2. Duty and Responsibility:

a) Tourist Information and Assistance Center – an Office which gathers, compiles and makes available records of the Municipality of Datu Abdullah Sangki pertinent to tourism activities, destinations, potentials, transportation schedule and other relevant data for those who may need them, particularly tourists/visitors

ARTICLE X – WOMEN AND FAMILY WELFARE

Article X-A An Ordinance Adopting the Child Welfare and Development

of Datu Abdullah Sangki. Municipal Ordinance No. 011-011F DASSB, s. 2016

ARTICLE I – TITLE

Section 1: Title – This ordinance shall be known as the Child Welfare and Development of Datu

Abdullah Sangki Municipality.

Section 2: Declaration of Policy and Principles - The Municipality of Datu Abdullah Sangki

recognizes the vital role of youth/ children in the development of this Municipality and

shall promote and protect their physical, moral, spiritual, intellectual and social well-

being. It recognizes the children have rights as provided in the United Nations

conventions on the rights of child and other laws. It recognizes the importance effectively

promoting truly enhancing and institutionalizing the survival, development, protection

and participation on the rights of children. The local government shall render appropriate

assistance to parents and legal guardians in the performance of their child rearing



responsibilities and shall ensure the development of institutions, facilities and services for

the care of children.


a. Children – refers to person below 18 years of age or those over but are unable to

fully take care of themselves or protect themselves from abuse, neglect cruelty and

exploitations or discrimination because of physical or mental disability or condition.

b. Survival Rights – (CRC) refers to inherent rights to life and needs that are basic to

existence which include the following:

1. Right to life.

2. Right from birth to a name.

3. Right to acquire nationality.

4. Right to know his/parents and be cared for by them.

5. Right to adequate and decent standard of living.

6. Right to access to basic health care and services.

c. Development Rights (CRC) – refers to access education which includes the

following:

1. Right to education Opportunity.

2. Right to access to appropriate information.

3. Right to leisure recreation and cultural and artistic activities.

4. Right to develop the child’s physical and mental abilities to the fullest.

d. Protection Rights – covers those rights, protecting the child from all forms of abuse.

e. Child Abuse – RA 7610 & 9262, PD 603, RA 7877 – refers to the Maltreatment,

whether habitual or not of the child.

f. Participation Rights (CRC) – refers to right of children to participate, give opinion

and be heard.

g. Exploitation (RA 9208) – means hiring, employment, preservation, inducement or

coercion of a child to perform in obscure exhibitions and indecent shows, whether

live or in video or film on the pose of act as a model in obscure publication or

pornographic materials or to sell or distribute materials.

h. Early Child Care Development (ECCD) - refers to the full range of health,

nutrition, early education and social services programs that provide for the basic

holistic needs of young children from birth to age six (6) to promote their optimum

growth development program.



i. Day Care - is the provision of substitute parental care and stimulating activities for

the total development of children zero to five (0-5) years when their parent are unable

to take care of them during part of the day because of work and some other situation.

j. Day Care Center – is a facility where day care services are provided by an

accredited day care worker particularly on the 3-5 years age bracket.

ARTICLE II - RIGHTS AND OBLIGATIONS OF THE CHILD

Section 4. Rights of the Child.

a. Every child shall be entitled to the rights herein set forth without distinction as

to legitimacy, sex, social status, religion, political antecedents and other

factors.

b. Every child shall possess the rights which are classified into survival

development, protection and participation rights.

ARTICLE III - SURVIVAL RIGHTS OF CHILDREN

Section 5. Primary Health Care - The Municipal Government shall implement and sustain the

primary health care program. It shall take appropriate measures to support the program on

health under the frameworks of primary health and preventive care.

5.1 Maternal and Child Care Program.

5.2 Dental Hygiene.

Section 6. Nutrition Program – The Municipal Government shall establish and sustain a

growth and nutritional monitoring with nutrition feeding and supervisions of nutritional

in take of children in home and school

6.1 Comprehensive Parent Orientation Program – The Municipal Governments shall

establish a comprehensive parent orientation development program which includes

gender responsive comes.

ARTICLE IV - PROTECTION RIGHTS OF CHILDREN

Section 7. The Local Government shall ensure the adoption and implementation of national

laws, concerning the Children in Need of Special Protection (CNSP) and other existing

laws protection children such as:

1. R.A. 7610 – Special Protection of Children Against Child abuse, exploitation and

discrimination act of 1994.

2. R.A. 7658 – Act Prohibiting the employment of children below 15 years of age in

Public and Private undertakings of 1994.



3. R.A. 8363 – Anti Rape (1997)

4. R.A. 7077 – Anti-Sexual Harassment Act of 1995

5. R.A. 8505 – Rape Victim Assistance and Protection Act of 1998

6. R.A. 9262 – Anti-Violence Against Women and their children act of 2006.

7. R.A. 9340 – Juvenile Justice and Welfare Act of 2006

8. R.A. 9208 – Anti-Trafficking in person especially women and children.

9. R.A. 9165 – Comprehensive Dangerous Drug Act

10. R.A. 9231 – Prohibits the employment of Children below 15 years of age.

11. R.A. 8980 – The early Childhood Care and Development Act of 2000.

12. R.A. 9211 – Regulating the use and distribution of Tobacco products.

Section 8. Other Prohibited Acts – in addition to all acts defined an penalized render Republic

Acts enumerated above, and other pertinent laws applicable shall likewise be punishable.

Section 9. Role of People’s Organization and Non-Government Organizations – To provide

support to government organization and other various stakeholders in promoting the

children’s welfare particularly along prevention, protection, rehabilitation and re-

integration programs and services through involvement on strategic activities on

advocacy and social mobilization, capability building, alliance building and networking.

Section 10. Establishment of Bantay Bata Hotline – Round the clock reporting and monitoring

base against child abuse shall be established and anchored by the Municipal Social

Welfare and Development Office. Said Hotline shall act as the 24-hour vanguard of

children in all crime and abuses committed against a child, the Bantay Bata Hotline shall

immediately report to the appropriate authorities such incidents and shall monitor every

progress that may occur in relation to the apprehension and prosecution of the criminal.

ARTICLE V - IMPLEMENTING MECHANISM

Section 11. Creation and Organization of the Municipal and Barangay Council for the

Protection of Children MCPC and BCPC.

1. Article 359 and 360 of the Civil Code of the Philippine provides that, the government

shall establish councils for the protection of children.

2. Likewise, Article 87 of Presidential Decree P 603, children and Welfare Code states

that every barangay council / shall encourage the organization of a local. Council for

the Protection of Children and shall coordinate with the Municipal Council for the

Welfare o Children in Drawing and implementing plans in the promoting of child and

youth welfare to ensure synchronization and integration of policies, programs and

projects of children.

Section 12. Funding – Upon recommendation of the MCPC / BCPC the LGU shall provide

funding for programs / projects / activities on children and ensure that these are

implemented



ARTICLE VI - DISK OF CHIDRENS CONCERN

Section 13. Creation of Disk for Children’s Concern – There shall be created in the

Municipality of Datu Abdullah Sangki or Desk for Children in the following offices.

1. Municipal Solid Welfare & Development Office

2. Municipal Health Office

3. DAS Municipal Police Station

4. Schools

5. Barangays

Section 14. Functions of the Desk for Children’s Concern – It shall be the duty of the

concerned office to.

a. Act as Secretariat to the MCWC.

b. Serve as a venue to respond to children’s needs and problems.

c. Coordinate or facilitate with appropriate institutions for direct assistance.

d. Provide appropriate physical, medical and psychological interventions and other

needed services.

ARTICLE VI - PENAL PROVISIONS

Section 15, Penalties – The penalty for any violation of this ordinance which is not penalized

elsewhere in other section of this ordinance shall be imprisonment of 3 or 6 months or a

fine ranging from P 500 to P 1,000.00 for the first time or to render a community

service from 5 days to 10 days or both at the discretion of the appropriate court.

ARTICLE X.B - BREASTFEEDING CORNER / ROOM Municipal Ordinance No. 001-014B, s.2017

Section 1. TITLE – This Ordinance shall be known as the “Breastfeeding Corner/Room” in the

the Municipality of Datu Abdullah Sangki;

Section 2. DECLARATION OF POLICIES- The government is committed to the attainment

of the millennium development goals on reducing hunger and poverty with a measure

on reducing child mortality;

Section 3. The department of Health’s national policy on infant and young child feeding and the

nutritional Guideline of the Philippines (NGP) recommended the following;

a. Breastfeeding initiated within one (1) hour after birth;

b. Exclusive breastfeeding for the first six (6) months of life;

c. Continue breastfeeding up to two (2) years and beyond with the introduction of

safe, affordable and appropriate complementary food.



Section 4. Memorandum Circular No. 2011-54 from the Department of Interior and Local

Government emphasize the implementation and monitoring of the national policy on

breastfeeding and setting-up of workplace lactation program;

Section 5. Breastfeeding is a gender-related concern and should be incorporated in the GAD

Plan of all government and private agencies and offices;

ARTICLE II – SCOPE AND COVERAGE

Section 6. SCOPE- This ordinance shall apply to all government instrumentalities and private

establishments and institutions operating within the territorial jurisdiction of Municipality of

Datu Abdullah Sangki;

Section 7. FACILITY - It shall be the duty of the employer to provide a breastfeeding room in

their office / establishments to allow mothers to either breastfeed their babies whom they bring to

work or express their breast milk for the giving to infant upon reaching their home. And to allow

mothers / customers who visit an office or establishment to breastfeed their babies with the use

of the said facility;

Section 8. – MINIMUM REQUIREMENT – The breastfeeding room shall be private and

comfortable to ensure that the health and safety of mothers and their babies are observed.

Appropriate breast milk storage, hand working facility, table and comfortable chairs shall

be provided by the employer;

The minimum requirement provided on the setting up of a “Mother-baby Friendly

Workplace” shall be observed, proper use and maintenance of the facility shall also be

observed at all times. The use of the breastfeeding facility shall be free of charge.

Article III – MECHANISM FOR ENFORCEMENT

Section 9. Compliance with this ordinance shall be a requirement for the granting and / or

renewal of business license and permits. For this purpose, the office of the Municipal

treasurer shall deny new/or renewal of applications for business licences and permits

without the following;

a. Certification by the Municipal Population and Nutrition office on the Compliance

of this Ordinance

Section 10. The Municipal Population and Nutrition Office and the Municipal Health Office are

hereby authorized to conduct regular visitation and inspection of the breastfeeding

room to ensure faithful compliance of this ordinance.

ARTICLE IV - FINAL PROVISIONS

Section 11. Penalties – Any persons, natural, natural or juridical found guilty of violating any of

the provisions hereof shall be imposed a fine of Five Thousand (P 5, 000.00) Pesos.



CHAPTER IV ADMINISTRATIVE ORDINANCES

Article I. CREATION OF OFFICES

Article I.A – Municipal Disaster Risk Reduction Management Officer, Municipal Tourism and Municipal Social Welfare Officer

Municipal Ordinance No. 001, s. 2016

Section 1. There is hereby created the Office of the Municipal Disaster Risk Reduction Management Officer, Municipal Tourism Officer and Municipal Social Welfare and Development Officer, with salary grade Twelve (12)

Section2. Definition of Terms

A. General Rule. All words and approved usage of the language, but the technical words, phrases and such other words in this ordinance which acquired a peculiar or appropriate meaning shall be constructed and understand according to such technical, peculiar or appropriate meaning;

B. Disaster. Sometimes (such flood, fire, war, etc.) that happens suddenly and causes much suffering or loss to many people.

C. Disaster Risk. The potential losses, in lives, health status, livelihood, assets and

services, which could occur to a particular community or society over some specified future time period.

D. Disaster Risk Reduction Management Officer. In-charge in Disaster preparation,

and responsible in managing and supervising actual response, rehabilitation and recovery in times of disaster.

E. Tourism. The guidance or management of tourists; the promotion or encouragement

of touring.

F. Tourism Officer. Person involve in promotion of tourist site / destination. G. Department of Social Welfare and Development. The executive department

responsible for the protection of the Social Welfare rights of the Filipinos and to promote social development.

H. Social Welfare and Development Officer. Responsible in identifying basic needs

for the needy and facilities implementation of welfare programs for disabled, elderly and other deprived individual.

Section 3. Functions

a. Municipal Disaster Risk reduction Management Officer. a.1. In close coordination with the Municipal Risk reduction Management Council,

he/she is in charge in disaster preparation, response and rehabilitation of the victims of calamity;

a.2. Responsible primarily for the affected area in coordination with BDRRMC and

the people themselves;



a.3. Ensure that the local government departments/offices have plans and particular

roles in disaster management, and involve to an extent the BDRRMC and NGO’s; a.4. Make researches and comprehensive studies in support of plans, and formulate

procedures and implement the same when the times comes; a.5. Evacuate forcefully persons who defy orders of complete evacuation of areas

particularly deemed hazardous; a.6. Oversee, manage and supervise actual response, rehabilitation and recovery; a.7. Maintain a central communication and command center even in their worst

disaster scenario; a.8. Conduct training, seminars and workshops on the first aid, CPR, safety

consciousness, rescue works and other life-saving techniques; a.9. responsible for all administrative and logistic requirements of all its offices,

including their supervision and maintenance to ensure their availability for immediate response;

a.10. Recommend to the Local Government Council, thru the Local Chief Executive,

as Chairman of MDRRMC, appropriate responses and other mitigating measures based on damage assessment for necessary legislative actions;

b. Municipal Tourism Officer

b.1 Producing and commissioning tourist information, including art work and writing press releases and copy for tourism guidelines/newsletter.

b.2 Setting up and attending exhibitions and holiday shows; b.3. Undertaking market research with members of the public and visitors to particular

attractions; b.4. Developing e-touristy platforms, including websites and constructing business

databases; b.5 Running training courses to encourage networking and economic growth in the

tourism industry.

c. Municipal Social Welfare Development Officer. c.1 Formulate measures for the approval of the Sanguniang Bayan and provide

technical assistance and support to the Municipal Mayor in carrying out measures to ensure the delivery of basic social services and provision of adequate facilities relative to social welfare and development services;

c.2 Develop plans and strategies and upon approval thereof by the Municipal Mayor,

implement the same, particularly those which have to do with social welfare and development programs and projects which the Sangguniang Bayan is empowered to provide;



c.3 Identify the basic needs of the needy, the disadvantaged and the improvised and

develop and implement appropriate measures to alleviate their problems and improve their living conditions;

c.4. Facilitate the implementation of the welfare program for the disabled, elderly, and

victims of drug addiction, the rehabilitation of prisoners and paroles, the prevention of juvenile delinquency, and such other activities which would eliminate or minimize the ill- effects to poverty

c.5. be in the frontline of the service delivery, particularly those which have to do with

immediate relief assistance during and in aftermath of man-made and natural disasters and calamities;

c.6. Recommend to the Sangguniang Bayan and advise the Municipal Mayor on all

other matters related to social welfare and development services which will improve the livelihood and living conditions of the inhabitants of the municipality.

Article 1.B Local DRRM Assistant and Local DRRM Officer II Municipal Ordinance No. 09-02D,s. 2016

Section 1. Title - There is hereby created the Office of the Local DRRM Assistant and Local

DRRM Officer II with a Salary Grade of Eight (8) and Eleven (11) respectively;


A. General Rule. All words and approved usage of the language but the technical under and phrases and such other words in this ordinance which acquired a peculiar or appropriate meaning shall be construed and understand according to such technical, peculiar or appropriate meaning;

B. Local Disaster Risk Reduction and Management- within the territorial jurisdiction shall

be responsible for setting the direction, development, implementation and coordination of disaster risk reduction and management programs.

Section 3. Functions and Responsibilities of the LDRRMO

1. Design, program and coordinate DRRM activities consistent with the NDRRMC’s standards and guidelines;

2. Facilitate and support risk assessments and contingency planning activities at the local level;

3. Consolidate local disaster risk reduction information which includes natural hazards, vulnerabilities and climate change risk and maintain a local risk map;

4. Formulate and implement a comprehensive and integrated Local DRRM Plan (LDRRMP) in accordance with National, Regional and Provincial framework and policies on DRR in close consideration with the Local Development Council (LDC)



5. Conduct research and development initiatives on DRRM;

6. Prepare and submit to the Sangguniang Bayan through the Local DRRM Council and the LDC the annual LDRRMO Plan and budget, the proposed programming of the LDRRMF, other regular funding source/s and budgetary support of the LDRRMO or BDRRMC;

7. Maintain a database of human resource and their capabilities, equipment, directories, and location of critical infrastructures such as hospitals and evacuation centers;

8. Serve as the secretariat and executive arm of the Local DRRM Council (LDRRMC);

9. Recommend through the LDRRMC the enactment of Local Ordinances consistent with RA10121;

10. Prepare and submit, through the LDRRMC and the LDC, the report on the utilization of the LDRRMF and other dedicated DRRM resources to the local COA, copy furnished the Regional Director of the Office of the Civil Defense (OCD) and the Local Government Operation Officer of the DILG; and

11. Involve the most vulnerable sectors (women, children, senior Citizens and PWD) in risk assessment and planning;

Section 4. DRRM Administration and Training

1. Organize and conduct training, orientation and knowledge management activities on DRRM at the local level;

2. Identify, asses and manage the hazards, vulnerabilities and risks that may occur in this locality;

3. Identify and implement cost-effective risk reduction measures and strategies;

4. Disseminate information and raise public awareness about those hazards, vulnerabilities and risks;

5. Take all necessary steps on a continuing basis to maintain, provide or arrange the provision of or to otherwise make available, suitably –trained and competent personnel for effective civil defense and DRRM in its area;

6. Organize, train, equip and supervise the local emergency response teams and the accredited community disaster volunteers (ACDV’s) ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to breastfeed;

7. Promote and raise public awareness of and compliance with RA 10121 and legislative provisions relevant to the purpose of the latter;

8. Implement policies, approve plans and programs of the LDRRMC consistent with the policies and guidelines laid down in RA 10121; and

9. Train the most vulnerable sectors (women, Children, senior citizens and PWD) in DRRM, especially in Disaster preparedness.



Section 5. DRRM Operation and warning

1. Operate a multi-hazard early warning system, linked to DRR to provide accurate and timely advice to national or local emergency response organizations and to the general public, through diverse mass media, particularly radio, landline communications and technologies for communication within rural communities

2. Conduct continues disaster monitoring and mobilize instrumentalities and entities of the LGU’s, CSO’s, private groups and organized volunteers to utilize their facilities and resources for the protection and preservation of life and properties during emergencies in accordance with existing policies and procedures;

3. Develop, strengthen and operationalize mechanisms for partnership or networking with private sector, CSO’s and volunteer groups,

4. Respond to and manage the adverse effect of emergencies and carry out recovery activities in the affected area, ensuring that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for women and children, endeavor to create a special place where internally-displaced mothers can find help with breastfeeding, feed and care for their babies and give support to each other;

5. Establish linkage and/or network with other LGU’s for DRR and emergency response purpose;

6. Respond to and manage the adverse effects of emergency and carry out recovery activities to the most vulnerable areas especially to the vulnerable sectors (women, children, senior citizen and PWD)

Section 6. Duties and Responsibilities

a. LOCAL DRRM OFFICER II

a.1 Coordinate with barangay local Government unit on matter of assistance and problems besetting the civilian populace.

a.2. helps in the implementation of Municipal Risk Reduction Management Council (MDRRMC) Plan by imparting to the people particularly the local officials in preparing the people for all types of calamities or disasters;

a.3 Initiates or assist in the organization of the Municipal Risk Reduction and Management Council down to the Barangay level; and

a.4 Performs such other related functions.

b. LOCAL DRRM ASSISTANT

b.1 Assist the LDRRM Officer with the operation and administrative requirements of the MDRRMO

b.2 Assist the LDRRM Officer with economical and efficient services relating to records, supplies, equipment, general clerical and custodial tasks;

b.3 Performs a variety of skilled clerical tasks and acts on incoming administrative communications for the regional office;



b.4 Prepare all types of administrative reports for transmittal to the Central Office;

b.5 To do related functions as maybe assigned from time to time.

Article I.C - MUNICIPAL MEDICAL SPECIALIST, PUBLIC HEALTH NURSE AND SANITATION INSPECTOR Municipal Ordinance No. 012-13, s.2016

Section 1. The office of the Municipal Medical Specialist be created with a Salary Grade of

Twenty Four (24), Public Health Nurse with Salary Grade Twelve (12) and Sanitation

Inspector with Salary Grade Six (6),

Section 2. Definition of Terms;

A. Health- is the level of functional and metabolic efficiency of a living organism. It

is the ability of individuals or communities to adapt and self-manage when

facing physical, mental or social changes.

B. Health Officer – is a title commonly used for the senior government officials of a

health department or agency, usually at municipal level. Physician who serves to

advise and lead a team of public health professionals.

C. Sanitation – the practical application of sanitary science. The removal or

neutralization of elements injurious to health.

D. Inspector – someone who checks or examine things.

E. Public – pertaining to or affecting the people at large or the community.

F. Nurse – a person trained to care for the sick or infirm especially in a

hospital.

Section 3. Functions:

a. MUNICIPAL MEDICAL SPECIALIST.

a.1. Take charge of the office on health services, supervise the personnel and staff of said

office, formulate program implementation guidelines and rules and regulations for

the operation of the said office for the approval of the mayor, as the case may be, in

order to assist him in the efficient, effective and economical implementation of a

health-related projects and activities;

a.2. Formulate measures for the consideration of the Sanggunian and provide technical

assistance and support to the mayor, as the case may be, in carrying out activities to

ensure the delivery of basic services and provisions of adequate facilities relative to

health services provided under Section 17 of R.A. 7160;

a.3. Develop plans and strategies and upon approval thereof by the Mayor as the case

may be, implement the same, particularly those which have to do with health

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programs and projects which the Mayor is empowered to implement and which the

Sanggunian is empowered to provide for under the R.A. 7160.

a.4. Formulate and implement policies, plans, programs and projects to promote the

health of the people in the Local Government Unit concerned;

a.5. Advise the Mayor, as the case may be, and the Sanggunian on matters pertaining to

health;

a.6. Execute and enforce laws, ordinances and regulations relating to public health;

a.7. Recommend to the Sanggunian, through the Local Health Board, the passage of such

as he may deem necessary for the preservation of public health;

a.8. Recommend the prosecution of any violation of sanitary laws, ordinances or

regulations;

a.9. Conduct health information campaigns and render health Intelligence Services;

a.10. Coordinate with other government agencies and non-governmental

organizations involved in the promotion and delivery of health services;

a.11. Be in the frontline of health services, delivery, particularly during and in the

aftermath of man-made and natural disasters and calamities;

a.12. Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

b. SANITATION INSPECTOR.

b.1. Inspect community land areas and investigates complaints concerning neglect of

property and illegal dumping of refuse to ensure compliance with Municipal Code.

Inspects designated area periodically for evidence of neglect, excessive litter and

presence of unsightly or hazardous refuse;

b.2. Interview residents and inspects area to investigate reports of illegal dumping and

neglected land;

b.3. Locates property owners to explain nature of inspection and investigation findings

and to encourage voluntary action to resolve problems;

b.4. Studies laws and statutes in municipal code to determine specific nature of code

violation and type of action to be taken;

b.5. Issues notices of abatement to known violators of dumping regulations and

informs other municipal agencies of need to post signs forbidding illegal dumping at

designated sites;



b.6. Issues notices of violations to land owners not complying with request for

voluntary correction of problems;

b.7. prepares case materials when legal action is required to solve problems;

b.8. Conducts informational meetings for residents, organizes neighborhood

cleanup projects, and participates in campaigns to beautify municipality to

promote community interest in eliminating dangerous and unsightly land

use practices.

c. PUBLIC HEALTH NURSE.

c.1. Identify and treat patients for health affecting their communities;

c.2. Administer immunizations to children in poor communities;

c.3. Inspect workplaces for safety risks;

c.4. Formulate plans for increasing worker safety and improving health;

c.5. Create emergency plans that minimize dangers in the wake of natural disasters;

c.6. Respond to emergency relief situations;

c.7. Disseminate health information by working with local officials, the community and

schools;

c.8. Assess community needs;

c.9. Investigate the occurrence of health effects and health hazards in the community;

c.10. Advocate for public health, build constituencies, and identify resources in the

community;

c.11. Implement programs. Work with the community to change community policy

practice or more.

Article II. SPECIAL BODIES

Article II.A - DANGEROUS DRUGS BOARD Municipal Ordinance No. 004-15 DASSB, s. 2017

Section 1. Title - This Ordinance shall be known as “THE DATU ABDULLAH SANGKI DANGEROUS DRUGS ADMINISTRATIVE BOARD.”

Section 2. Composition - The Datu Abdullah Sangki Dangerous Drugs Administrative Board is hereby composed of the following:

Chairperson: Municipal Health Officer

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Vice-Chairperson: Municipal Administrator

Members: OIC, PNP DAS

Two (2) NGO Representatives

Section 3. Powers and Duties - The following are the powers and duties of the Datu Abdullah Sangki Dangerous Drugs Administrative Board:

a) Receive complaints for the abatement of drug related public nuisances;

b) Conduct hearings in connection with the foregoing sub-section;

c) Declare the place or premises in question as drug related public nuisance if the circumstances so warrant; and

d) Abate drug related public nuisances.

SECTION 4. Abatement of Drug Related Public Nuisances - Pursuant to Section 52 of Republic Act 9165 and its Implementing Rules and Regulations, otherwise known as The Comprehensive Dangerous Drugs Act of 2002, any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs, or used as drug dens for pot sessions and other similar activities may be declared to be a public nuisance and such nuisance may be abated under the following procedures:

a) Any employee, officer, or resident of Datu Abdullah Sangki may bring a complaint before the Datu Abdullah Sangki Dangerous Drugs Administrative Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address;

b) Within three (3) days from receipt of the complaint, a hearing shall then be conducted by the Datu Abdullah Sangki Dangerous Drugs Administrative Board, with notice to both parties and the administrative board may consider any evidence submitted, including evidence of general reputation of the place or premises;

c) The owner/manager of the premises or place shall also be given an opportunity to present any evidence in his/her defense;

d) After hearing, the Administrative Board may declare the place the place or premises to be a public nuisance; and

e) The hearing shall be terminated within ten (10) days from commencement.

Section 5. Effect of The Administrative Board Declaration - Pursuant to Section 53 of Republic Act 9165 and its Implementing Rules and Regulations; if the administrative board declares a place or premises to be a public nuisance, it shall issue an order immediately prohibiting the conduct, operation or maintenance of any business or activity which is conducive to such nuisance. The Municipal Mayor shall implement the order of the administrative board within fifteen (15) days from the receipt thereof and shall assume full responsibility in seeing to it that the order is immediately complied with.

The order is issued by the administrative board shall expire after one (1) year from the date of issuance, or at such an earlier time as stated in the order. The administrative board may bring a complaint seeking a permanent injunction against any nuisance described under R.A. 9165 and its Implementing Rules and Regulations.



The administrative board upon showing that the place is no longer a public nuisance, may conduct hearing with the complainant duly notified, for the possible lifting of the order.

Section 6. Without prejudice to the filing of a criminal case, and the declaration and/or

abatement of any nuisance under the Civil Code and the Local Government Code of the Philippines - This ordinance is without prejudice to the filling of a criminal case against the owner of a place or premises declared as drug related public nuisance pursuant to Section 6 of R.A. 9165. This does not restrict the right of any person to proceed under the Civil Code on public nuisance. Neither shall this restrict the power of the Sangguniang Bayan to declare and/or abate any nuisance under Section 458 (a)(4)(i) of the Local Government Code.

Article II.B - MUNICIPAL NUTRITION COMMITTEE Municipal Ordinance No. 002-023, s. 2016

Section 1. Declaration of Policy - It is hereby declared the policy of the local Government Unit

to support and address hunger and mal-nutrition of the people and provide corresponding budget allocation to support relevant programs and activities.

Section 2. Powers and functions of the Municipal Nutrition Committee - The Municipal Nutrition Committee is tasked to orchestrate the efforts of the government, private sector, national and international organizations and other stakeholders at the municipal level in addressing hunger and malnutrition of the people living in the community by;

a) Formulating policy and program that would address hunger and malnutrition in the area such as promotion of good nutrition focusing on the first 1,000 days of life, regular screening, surveillance, information-education and campaign, advocacy, community mobilization, partnership and alliance building, among others;

b) Coordinating, planning and evaluation of the nutrition programs and activities;

c) Strengthening competencies, capabilities of stakeholders through public education capacity building and skills development.

d) Conducting periodic field visits and meetings to assess the program implementation;

e) Providing support to community –based mechanisms such as the organization of peer support groups, i, e. communities Mobilized to Overcome Malnutrition (MOM-C’s);

f) Formulating and coming-up with a barangay nutrition action plan;

g) Raising and mobilizing financial resources to implement the nutrition action plan of the barangay.

Section 3. COMPOSITION OF THE MUNICIPAL NUTRITION COMMITTEE - The

Municipal Nutrition Committee (MNC) shall be composed of the following;

Chairperson – Municipal Mayor

Members:



Chairperson- SB Committee on Health

Municipal Nutrition Action Officer

Department of Agriculture

President of Barangay Nutrition Scholar (BNS)

PTA Representative

CSO Representative involved in Health, Nutrition services

MOM-C representative

DOH

Section 4. THE MUNICIPAL NUTRITION ACTION PLAN - Municipal Nutrition Action

Plans (MNAP) are local plan that will address the prevailing problems in the barangay. It shall be integrated in the Municipal Local Development Plan. Specifically, the MNAP shall:

a) Determine integrated, synchronized, coordinated and focused actions for Nutrition improvements;

b) Promote sectoral community and private involvement;

c) Allocate budget and other resources to achieve set objectives and ensure efficient and effective utilization of resources;

d) Prevent overlaps and duplication during program implementation;

e) Minimize negative impact other development programs on nutrition; and

f) Links nutrition with local development planning and budgeting.

Article III.C – LOCAL DEVELOPMENT COUNCIL

Section 1: Composition of Local Development Council. The composition of the LDC shall be the following:


Members: All 10 Barangay Chairmen

Five (5) CSO’s/NGO’s, congressman or his Representative

Section 2. Functions of Local Development Councils - The Duties and Functions of the LDC shall be as follows:

1. Formulate long-term, medium-term and annual socioeconomic development plans and policies;

2. Formulate the medium-term and annual public investment programs;



3. Appraise and prioritize socioeconomic development programs and projects;

4. Formulate the local investment incentives to promote the inflow and direction of private investment capital;

5. Coordinate, monitor, and evaluate the implementation of development programs and projects;

6. Perform such other functions as may be provided by law or competent authority.

Section 3. Meeting and Quorum. - the LDC shall meet at least once every six (6) months or as often as may be necessary.

Section 4. Composition of the Executive Committee. – The Executive Committee of the LDC shall be composed of the following:


Members: Municipal Administrator

ABC President

SB Chairman on Finance & Appropriations

One (1) CSO / NGO’s Representative

Section 5. Secretariat. - The Secretariat shall be headed by MPDC who shall be responsible for providing technical support, documentation of proceedings, preparation of reports and such other assistance as may be required in the discharge of its functions.

Section 6. Support Requirements. - The Local Development Council may call upon any local official concerned or any official of national agencies or offices in the LGU to assist in the formulation of development plans and public investment programs. It may avail of the services of any NGOs or educational or research institution for this purpose.



CHAPTER V FINAL PROVISIONS

Article I. Penal Provision

Section 1. Penalty - Any violation of the provisions of this Code not herein otherwise covered by a specific penalty, or of the rules and regulations promulgated under the authority of this Code, shall be punished by a fine of not less than Two Hundred Pesos (P200.00) and not more than Two Thousand Pesos (P2,000.00) and/or imprisonment of not exceeding fifteen (15) days, or both fine and imprisonment, at the discretion of the Court.

Article II. SEPARABILITY, APPLICABILITY, REPEALING AND EFFECTIVITY CLAUSE

Section 1. Separability Clause – Should any provision, section, or part of this code be adjudged

invalid by any court of competent jurisdiction, or by any other competent government authority, the judgement or resolution shall not affect or impair the remaining provisions, sections, or parts which shall continue to be in full force and effect.

Section 2. Applicability Clause – For the purpose of instituting legal action in applying the provisions of any ordinance of Datu Abdullah Sangki, Maguindanao reference should be made to the exact provisions of any specific ordinances subject of the legal action and not to any provision reproduced in this Code.

Section 3. Repealing Clause – All provisions of ordinances, executive orders or resolutions inconsistent herewith are hereby repealed and/or modified accordingly.

Section 4. Effectivity – This Ordinance shall take effect upon approval by the Municipal Mayor.

Enacted by the 6th Sangguniang Bayan of the Municipality of Datu Abdullah Sangki, Maguindanao, on its Regular Session held at the SB Session Hall on May 21, 2018.

HON. ROHAINA D. SULAIMAN, Al-hadja HON. HABIB S. SANGKI Municipal Councilor Municipal Councilor

HON. LAHMUDIN G. SANGKI HON. BAI UNGANG D. AMPATUAN Municipal Councilor Municipal Councilor HON. SOLOMON S. SANGKI HON. ISMAELITA F. GUMANA HON. EDRIS D. SANGKI, AL-HAJ Municipal Councilor Municipal Councilor ABC President



CERTIFIED TRUE AND CORRECT BY:

KAHARODIN S. KALON Sangguniang Bayan Secretary

Attested by:

SAMSODHEN A. SANGKI

Municipal Vice-Mayor/Presiding Officer

Approved by:

BAI MARIAM S. MANGUDADATU Municipal Mayo

81 CODE OF GENERAL ORDINANCES 6TH Sangguniang Bayan Municipality Of Datu Abdullah Sangki Province Of Maguindanao