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/ 49
7
VN ae \
eae OF THE PHILIPPINES. :
CITY OF ILOILO
OFFICE OF THE SANGGUNIANG PANLUNGSOD:
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES. HELD
AT THE SESSION HALL, CITY HALL, ON WEDNESDAY, JUNE 16, 2004
PRESENT:
ULTAD
HO ¥. VICTOR VL. FA
Presiding Officer
HON. JOSHUA C. ALIM too Lecce) Member
HON. EDUARDO L. PENAREDONDO Member
HON. STEVIE REY 1. ABITANG (SK Federation Pres’ Ex-Officio Member
HON. ERLINDA G. LIBERIAG: Member
HON. RAMON CUA LOCSIN Member
HON. MANDRIE T,MALABOR Membe;
HON, MARIETTA V. ORLEANS (Pres, Ligang niga Brgy.) Ex-Officio Member
HON. ARMAND §. PARCON Member
Hi NTONIO V. PESINA, JR. Member
HON. ERWIN I. PLAGATA Member
HON. MA RITAB. SARABIA Member
ABSENT.
HON. MA. CONCORDIA L. MANIKAN-AMALIAN Member
HON. VICENTE L. GENGOS, JR. Member
HON. RAUL T. GONZALEZ, JR. Member
REGULATION ORDINANCE NO. 2004-149
ILOILO CITY ENVIRONMENT CODE OF 2004
Sponsored by Councilor Ma. Rita B, Sarabia,
Co. sponsored by Councilors Antonio V.Pesina, Ir, Armand § Pareon
Stevie Rey | Abttang, and Marietta V Orleans
Seconded by Councilors Joshua C. Alim, Erlinda G, Libesiaga, Exwin J. Plagata,
and Eduarde L. Pefiaredondo
WHEREAS, there is an urgent ueed for the City Government to addiess the
‘ues on solid waste management, environmental protection and rehabilitation, and at the
same time encourage mass participation in environment friendly activities -
WHEREAS . the Iloilo City Government has passed various ordinances. rules and,
regulations pertaining to the environment and sanitation, but its nature, has been 20
poradie to give it even its own dose of effectiveness to combat what is seemingly an
almost anpossible sanitation problem, uy
WHEREAS, the passage of this “Environmental and Sanitation Code of the City
cof Uoito” is a big effort on the part of the City Goverment. through its environment
triendly local legislature, to take big leap torward in ite final attempt to salve, once and >;
for all, one of the most pressing problans of the city, er even the whole nation, is facing
todayWHEREAS, by putting together all existing laws on environment, it will
facilitate the review of these laws for the purpose of determining whether srcue of them
remain relevant to the present conditions and reavivements of development of the City of
Uoile,
WHEREAS. if some of these laws are found irrelevant and applicable, that they
may be amendsd accordingly or that new laws in environment may be passed so that
these defects may be corrected and set aright of whatever shortcomings there are in the
old laws. ~
WHEREAS, Section 453 (a)(1)(vi) of the Local Government Code of 1991 states
that the Sangguniang Pantungsod shall approve ordinances and pass resolutions necessary
for an efficient and effective city goverument, and shall protect the environment and
impose appropriate penalties for acts which endanger the environment;
WHEREAS, Section 458 (a)(5)(xiii) of the Local Government Code of 1991
states that the Sangguniang Pantungsod shall provide for an efficient and effective system
of solid waste and garbage collection and disposal
NOW, be it ordained therefore by the Sangguniang Panlungsod of Hilo City in
session assembled by the authority of the same, that:
“AN ORDINANCE PROVIDING FOR THE DEVELOPMENT, MANAGEMENT
AND CONSERVATION OF ILOILO CITY’S ENVIRONMENT AND NATURAL
RESOURCES, INTEGRATING ALL LAWS AND POLICIES PERTINENT
THERETO,
AND FOR OTHER PURPOSES.”
es
it enacted by
1e Sangguniang Faniungcod of Hoilo sembled.
SECTION 1. Tide. This ordinance shall be known as the “Hoilo City Environment Code
of 2004,
TITLE I: GENERAL ASPECTS
SECTION 2. Authonty. This Code is enacted pursuant to Section 9 of Article If of the
Philippine Constitution, the provisions of Republic Act 7160, otherwise known as the
Local Government Code of 1991, particularly Sections 2(a), 2{c}, 3d], 3{f] up to 3[m]
S{e], 16, 17, 26 and 27, 33, 34, 35, 36, 129, 186, 289 thereof, including Sections 455 (b) 3
(vil) which provides for the authority of the City Mayor to protect the environment and
impose penalties for acts that endanger the environment, such as, illegal quanying,
trafficking of illegal logs, trafficking of endangered fauna and flora, and such other
activities which result in pollution, acceleration of death of rivers, or of ecological
imbalance.
SECTION 3. Statement of Purpose. The Iloilo City Environment Code of 2003 is a
legal and policy framework for a holistic management of environment and natural
resources of the City Govemment of Iloilo. It primarily aims to contribute to the
attainment of sustainable development goals by instituting legislative measures and
reforms that can facilitate the effective implementation of local environmental
management programs. The ultimate purpose of this Code therefore, is the attainment of
a better quality of life in the context of ecological, social and economic security. peSECTION 4. Declaration of Policy. It is hereby declared the policy of the City
Government of Hoile:
a to achieve an improved quality of life as the overriding consideration in the
utilization, management, development, conservation and protection of the
urban environment and natural resources. A flexible policy toward:
attainment of a better quality of life shall be adopted in the context of
ecological, social and economic security for its citizenry and in response to
changes in demographic trends, socio-cultural behavior, urban governance,
community development thrusts, and environmental pressures,
. to limit access and exploitation of Hoilo City’s environment and natural
resources for the exclusive use and enjoyment of Hoilo residents,
¢. to ensure the rational and sustainable development, management and
conservation of Iloilo City’s environment and natural resources through
legislative measures and reforms that facilitate effective implementation of
environmental plans and programs,
d_ to manage the urban environment in a manner consistent with the concept of
integrated urban development appropriately supported by research, technical
services and guidance provided by the city government and its private sector
partners;
SECTION & asic Principles. This Code is anchored on the following basic principles
a. Principle of Sustainable Development
Applying this principle, the City of Ilcilo envisions the equitable and judicious
utilization of urban natural resources so as to meet the needs of the present generation
of Hongges without compromising the access of future generation of Ionggos to the
same needs.
b. Principles of People’s Participation and Empowerment
The City Government of Iloilo acknowledges the importance of transparency and
shared accountability through people’s participation in the planning and
implementation of policies, programs and projects. Ionggos have the right to be
informed and consulted on matters and decisions that will directly or indirectly affect
them and the environment. The City must seek the views and sentiments of the people
from all sectors of the community. The strategy towards sustainable development
should be democratic, participatory and in partnership with the private sector, non-
governmental and people's organization and other sectors in the City.
©. Principle of Development Legislation
This principle is the enactment and enforcement of laws that meet the needs of the
people of lloilo City in a holistic manner. It takes into consideration the impact of
rules and policies on the poor and disadvantaged sectors of the urban community, the
environment and health of its inhabitants and also safeguard resources for the needs
of future inhabitants,
4. Principle of Integration
This Code integrates national and regional policies, plans and programs into local
development initiativesulation Crdinance Na 2004-149, June 16, 2004
Y ~
e. Polluters Pay Principle
Considering that the eatth’s resources are finite and industrial development is
inevitable, the Pottuters Pay Principle is one of the measures to compensate the
extemal costs of pollution upon the urban community and environment
Polluters Pay Principle is hereby considered as the negotiated compensation for
damages done to the physical environment.
SECTION 6. Governing Laws and Foi
implementation and imposition of the provisions embodied in different articles af this
Code are the following:
23
y
Article I Section 16 and Article XII Section I of the Philippine
Constitution
Republic Act No. 9003 - Ecological Solid Waste Management Act of
2000
Republic Act No, 8749 - Clean Air Act 1999
Republic Act 8485 ~ Animal Welfare Act of 1998
Republic Act No. 8550 Philippine Ficheries Code of 1998
Republic Act 7942 — Philippine Mining Act of 1995
Republic Act 7586 — National Integrated Protected Areas System Act of
199
Republic Act No. 7076 ~ People’s Small Scale Mining Act of 1991
Republic Act 7160 - The Local Government Code of 1991
Republic Act 6957 (a amended by RA 7718) - Build-Operate-Transfer
law
Republic Act 6969 - Toxic Substances, Hazardous and Nuclear Wastes
Control Act of 1990
Republic Act 7161 - Incorporating certain sections of PD. No. 705, az
amended
Presidential Decree No. 600 and the Sanitation Code of the Philippines -
measures against marine pollution
Presidential Decree No. 705, as amended ~ Revised Forestry Code of the
Philippines
Presidential Decree No. 825 - The Garbage Disposal Law of 1975
Presidential Decree No. 856 — The Sanitation Code of the Philippines
Presidential Decree No. 953 ~ Requiring the planting of tress in certain
places and penalizing unauthorized cutting, destruction, damaging and
injuring of certain trees, plants and vegetation
Presidential Decree No. 984 (1977) ~ Pollution Control Law
Presidential Decree No. 1067 - Water Code of the Philippines of 1976
Presidential Decree No.1151 (1977) ~ Philippine Environmental Policy
Presidential Decree No. 1152 ~ Philippine Environment Code
Presidential Decree No.1198 ~ Requiring all individuals or partnerships
engage in the exploration, development and exploitation of natural
resources or in the construction of infrastructure projects to restore or
rehabilitate areas, subject thereof or affected thereby, to their original
condition
Presidential Decree No.1586 - The Environmental Impact Statement
System
Executive Order No. 72, s-1993 - Reaffirms the specific provision of RA
7160 on the need for LGUs to prepare their CLUPs and prescribe the
review and approval process therefore
Executive Order 112 — Establishi
Kapaligiran
the Annual Gawad Pangulo sa
- National laws governing theSECTION 7. Acronyms. - For purposes of this Code the following
z. Executive Order 247, s-1995 — Prescribing guidelines and establishing a
regulatory ffamework for the prospecting of biological and genetic
resources, there by-products and derivatives for scientific and
commercial purposes and for other purposes
aa. Letter Of Instruction 1260 - Integrated Social Forestry Program
bb. DENR Administrative Order No. 78, series of 1987, as amended —
Provides listing of premium species
cc. DENR Administrative Order No. 24, series of 1990 - Revis
Standard
dd, DENR Administrative Order No. 79, series of 1990 - Deregulating the
tree harvesting, transporting and selling of firewood, pulpwood or timber
planted in private lands
Effluent
that will be mentioned
BEAD Bureau of food and Drugs
BEARMC - Barangay Fisheries and Aquatic Resources Management
Counei
BOD
~ City Disaster Coordinating Council
O-DENE - Community Environment and Natural Resources
Office (DENR)
City Engineer's Office
Chloroflucrocarbon
CHO ~ City Health Office
CITES -Convention of the International Trade of Endangered Species of
Flora and Fauna
City ENRO - City Environment and Natural Resources Office
CISC ~ Certificate of Land Stewardship Contract
CMRE - City Mining and Regulatory Board
C02 — Carbon Dioxide
City Planning and Development Office
‘© - City Rabies Coordinating Control Committee
Civilian Volunteers Organization
DA —Department of Agriculture
DAR — Department of Agrarian Reform
DECS—Department of Educztion, Culture and Sports
DENR ~ Derssiment ot Environment and Natural Resources
DILG ~ Department of Interior and Local Government
DO- Dissolved Oxygen
~ Department of Health
DOST Department of Science and Technology
DOTC- Department of Transportation and Communication
DEWH — Department of Public Works and Highways
DTI —Department of Trade and Industry
ECC ~ Environmental Compliance Certificate
£J4- Environmental Impact Assessment
MB - Environmental Management Bureau of the DENR
ICCLUF —Noilo City Comprehensive Land Use Plan
(C ~ Hoilo City Fisheries and Aquatic Resources Management
“MRE - Iloilo City Mining Regulatory Board
CSWMB - loilo City Solid Waste Management Board
CIntormation, Education and Communication yyational brigation Administration
Mines and Geo-Sciences Bureau of the DENR
'W'D ~ Metro Hoito Water District
~ Memorandum of Agreement
~ Office of the City Agriculturist
PENRO ~ Provincial Environment and Natural Resources Office
ENP — Philippine National Police
PNR! ~ Philippine Nuclear Research Institute
‘Rs ~ Reduction, Reuse, Recycling
#78 — Receiving Water Body
SW ~ Solid Waste Management
TSS —Total Suspended Solids
7S? — Total Suspended Particulates
TITLE Il: LAND
CHAPTER I : POLICY DIRECTIONS ANP. DEFINITIONS
SECTION 1. State of the Resource. This Code recognizes the economic and ecological
threat on Hoilo City’s lands and land-based resources by a host of urbanization pressures
that include uncontrolled population growth, unregulated resource utilization, imbalances
in spatial distribution, changing consumption pattems, growth of settlements and
industries, and the discharge of more waste products and pollutants. It sees the gradual
decline in the productivity of urban agricultural land and the exploitation of lands and
Jand-dependent resources at Levels beyond their natural capacities to regenerate.
The Code further recognizes that in many areas of the city, deterioration of
environmental quality is increasingly being felt and the loss of urban forest and plant
cover, wildlife habitats and breeding grounds is now threatening bio-diversty, disrupting
ecosystems and reducing the natural amenity of resources.
SECTION 2. Basis for Action, The Code looks upon good environmental management
as an important solution from among a broad range of local and intemational policy
instruments and action programs, which include but are not limited to the following
a. Philippine Policies and Policy Instruments
1. National Land Use Act of the Philippines - proposed to ensure the efficient,
equitable and sustainable allocation, utilization, management and development of
the country’s land as well as other physical resources
Ecological Solid Waste Management Act of 2000 (R.A. 9003) — sets institutional
and operational mechanism: for the management of solid wastes with an
emphasis on reduction, separation and recycling
3. Local Government Code (RA 7160) - emphasis is reinforced in Section 2.¢, which
stipulated the role of LGUs in ensuring the resource sustainability and ecolesical
balance. Section 17 outlines the basic services that LGUs are mandated to
Provide; while Section 447 spells out reguistory functions on the proper
management of the resources of the land fA4. NIPAS (RA. 7568) - sets the guidelines for the conservation of different
categoties of protected areas
5. Code on Sanitation of the Philippines (P.D. 856) - prescribes the national
standards for sewage and refuse disposal, industrial hygiene, including sanitation
standards for bus terminals. public bathing places and the lil
b. International Policies
Rio Declaration of the UNCED (Agenda 21) - spells out a range of policies that
each state, including local governments should adopt in order to address
sustainability
Convention on Biological Diversity
Convention on Intemational Trade of Endangered Species (CITES) for flora and
fauna
SECTION 3. Management Direction. The City Government of Hoilo chall ensure the
effective protection and rehabilitation and sustainable development of all land resources
within its geographical and political jurisdiction for the benefit of the present and future
generations of Tonggos. It shall further provide for the rights of the citizens to a
Judicious and proper utilization of these resources and to all benefits that may accrue
from its development.
SECTION 4. Definition of Terms. As used in this Code, the following terms and
phrases, whether singular or plutal, unless the context indicates otherwise, shall mean as
follows
Agricultural Land’
or national park
lands of the public domain which are neither forest, mineral lands
Biological Diversity ~ refers to the variety of living organisms in all ecological systems
including terrestrial, marine and other aquatic ecosystems and the ecological complexes
of which they are part, this includes diversity within species, between species and
ecosystem
Zuffer Zones ~ identified areas outside the boundaries of and immediately adjacent to
designated protected areas that need special development control in order to avoid or
‘minimize harm to the protected area
Certificate of Compliance or COC ~ refers to the cettification issued by the City ENRO
to business operators, motor vehicle operators and other eity-permiting applicant, siving
clearance on the compliance to environmental plans and policies being enforced in the
city.
Commercial Lands ~ portions of alienable and disposable lands of the public domain
classified as suitable and intended for trading of goods and services by competent
authority
Cover crop Planting — process of conditioning denuded areas which are highly cogonal,
rocky or erodible by planting creeping leguminous perennials such ac: kudzu”
calopognium, stylocanthes, desmodium, lablab, bean, psophacarpus, patani, or by
Planting suitable non-legumes such as morning glory vine, wild sunflower and kikuyn
sass, in order fo improve soil fertility, organic matter and water holding capacity prior to
‘or concurrent with the planting of trees and other perennials in such area: peYS ~
Regulaticn Ordinance No. 2004-149, Tune 16, 2904
Foologicai Solid Waste Management ~ refers 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
Enrichment Planting — process of interplanting fuelwood, timber and non-timber crops in
adequately-stocked reforestation projects previously implemented for the purpose of
increasing wood supply for the people and enhancing the income-generating potential of
such projects
Eco-Tourism ~ refers to a low impact, environmentally-sound and community-based
tourism activity in a given natural environment that enhances the conservation of
biophysical and cultural diversity. promotes environmental understanding and education
and yields socio-economic benefits to the concerned community,
Endangered, Rare and/or Threatened Species ~ refers to any plant ot animal species that
are in danger of extinction as provided for in the Protected Areas and Wildlife Bureau of
the DENR and in the Convention on the International Trade of Endangered Species of
Flora and Fauna,
Environment refers to the quantity, quality, diversity and sustainability of renewable and
non-renewable natural resources, including the ambient environment such as the
atmosphere, climate, sounds and odors that are critical determinants of the quality of life
It shall include the total environment of man such as economic, social, cultural, political
and historical factors.
Environmental Compliance Certificate or ECC - refers to a document issued by the
Department of Environment and Natural Resources Office to cestify that the project
under consideration will have minimal environmental effects for as long as the condition
stipulated in it are strictly followed and that the proponent has complied with the
requirements of the Environmental Impact System (EIS) or PD 1586.
Environmentally Critical Areas or ECA — refers to those areas, which are
environmentally sensitive and are listed in the Philippine Proclamation No. 2146 dated
December 1981.
Environmental Impact - refers to “any change” in the physical, chemical, biological,
cultural and/or socio-economic environmental system that can be attributed to human
activities relative to alternatives under study for meeting a project.
Environmental Impact Assessment or EIA refers to the process consisting of identifying
and predicting the impacts of proposed projects and programs on the bio-geophysical
environment and on man’s health and well-being and interpreting and communicating the
infomation about each impact in a manner which can be utilized by planners and
decision-makers
Environmental Management - refers to the entire system which includes, but is not
limited to, conservation, protection, monitoring, rehabilitation and enhancement of the
environment, regulation and minimization of pollution, waste management,
environmental law and policy, environmental education and information, study and
mitigation of the environmental impacts of human activity and environmental research.
Fauna ~ refers to all species of animals~~ ae 9
Regulation Ordinaice No. 2004-148, Time 16, 2
Fugitive Particulate ~ refers to the particulate matter that escapes and becomes airborne
from unenclosed industrial operation inte the surrounding atmosphere without passing or
being conducted through a flue pipe stack or other structure.
Flora ~ refers to all species of plants
Garbage ~ refers to the wastes or rejected food constituents which have been produced
during the preparation, cooking or storage of meat, fuit, vegetables, and other food
materials
zardous substances ~ refers to the elements or compounds which when discharged in
any quantity present eminent or substantial danger to public health or safety.
Industrial Lands ~ lands within the zone established by the city government for the
‘manufacture and production of large quantities of goods and commodities
Zand Classification ~ assessment, appraisal and determination of land potentials, which
include survey, and classification of fand resources and the study and mapping of the soil
Land Reclassification ~ subsequent classification, allocation and disposition of alienable
and disposable lands of the public domain into specific uses
Land Resource: ~ all terrestrial, subterranean, and all geological features and land masses
of the public domain and private domain of the State, within the respective geographical
jurisdiction of the City Government of Hoilo, including all flora and fauna, minerals, and
aquatic resources that dwell or exist upon it
Land Use Flanning ~ act of defining the allocation, utilization, development, and
management of all lands within the territory and jurisdiction of the City Govemment of
Hite according to the inherent qualities of the land itself and supportive of economic,
demographic, socio-cultural and environmental objectives as an aid to decision making
and legislation
Mangroves — a community of intertidal plants including all species of trees, shrubs, vines
and herbs found on coasts, estuaries, swamps, or border of swamps
Municipal Wastes ~ refers to wastes produced from activities within the city which
include s combination of domestic, commercial, institutional and industrial wastes and
street litters
National Integrated Protected Areas System or NIPAS — refers to the system established
under Republic Act No. 7586 (February 6, 1992) which classifies and designates
protected areas to maintain essential ecological process, preserve genetic diversity. ensure
4 sustainable use of resources and maintain their natural conditions to the greatest extent
possible
Non-Biodegradabie Waste —refers to non-putrescible waste
vmut ~ means the license to engage in certain activities or business, or to practice
certain privileges. In this Code, it also means a permit or lease granted to any qualified
person or persons for the use of public property for any legal purpose.
Frivate Lands ~ lands covered by either administrative or judicial titles such as Free
Patent, Homestead, Sales Patent and Torrens Titles obtained under the Land Registration
Act No. 496 as amended or under the Public Land Law (Commonwealth Act No. i41),
Certificate of Land Ownership Award fer certified alienable and disposable lands issued
to farmer-beneficiariee under the Comprehensive Agrarian Reform Program or Republic
Act No. 6657 (RA 6657),n Dump — refers to a disposal area wherein the solid wastes are indiscriminately
thrown or disposed of without due planning and consideration for environmental and
hheatth standards
on ~ refers to any being, natural or juridical,
of being the subject of legal relations
ceptible of rights and obligations, or
cd Area — identified portions of land and water sel aside by reason of their unique
al and biological significance, managed to enhance bio.civersity and protected
against destructive human exploitation
Publ pettains to areas open to all and maintained by the city government that
inchides streets, parks, plazas, public markets, transport terminals, and public cemeteries
1a! Lands — public lands intended for the construction and establishment of
an act or instance of turning the illegally titled estate to public demain,
Sunatary Landfit - refers to a waste disposal site designed, constructed, operated and
maintained in a manner that exeits engineering control over significant potential
environmental impacts arising from the development and eperation of the facility
Solid Waste or Refise ~ refers to all organic and inorganic non-fiquid and non-gaseous
portions of the total waste mass, consisting of all putrescible and non-putrescible solid
materials except for body waste
unable Development ~ as defined by the World Commission on Environment and
Development, means meeting the needs and aspirations of the present generation without
compromising the ability of the future generations to meet their own needs and
aspiration
Tree Fark — refers to the land outside the protected area located within the city,
established, developed and maintained to enhance the beauty and improve the ecosystem
of the community to provide the populace with a healthy and wholesome environment
and places for rest and recreation and serve as a show window for nature conservation
The establishment of tree parks by the local goverment unit is mandated by LOL No
1312 dated April 23, 1983
Zoning ~ refers to the delineation division of the city into functional zones where only
specific land uses are allowed and the uce of all land in the community are directed and
regulated including the construction of structures/infrastructures thereon
CHAPTER IT:
LAND USE AND DEVELOPMENT
SECTION 5. Land Use Planning and Development. - The iand use scheme of the City
of Toifo shall be in consonance with its approved land use and zoning plan, which is
being updated regularly in ten (10) year increments. Current basis fer all urban planning
and development initiatives in the city is the 1998-2010 ICCLUP. The CPDO shall
coordinate all land use planning and development efforts in the City in accordance with
the HLURB guidelines and in compliance with this Code. feSECTION 6. Protection and Land Use High priority is hereby given to protection land
use in all aspects of fand management aimed at: i) the protection of critical ecosystems
and biodiversity from further human encroachment, ii) the regeneration and rehabilitation
of degraded land resource. iii) protection of the people from environmental hazards, iv)
the preservation, enhancement and sustainability of the benefits derived from maintaining
the integrity of the city’s land resources.
SECTION 7. Urban Reforestation. Tree planting and urban reforestation shall be a
continuing priority of the City Government of Hoilo in partnership with concemed
national government agencies at the following areas in the city which ate hereby
allocated for Tree Planting
a. within 5-10 meters of either side of Jaro River, Iloilo River, Batiano
River, Calajunan Creek, Ingore Creek, and Dungon Creek based on
green buffers and easements delineated in the 1998-2010 ICCLUP
b. all open spaces within the city especially in public plazas, parks,
school grounds, residential and commercial areas including street
promenade, parking areas and wide planting strips along sidewalks az
may be suitable
¢. selected provincial and national highways, city and barangay roads
and street shoulders
4 areas with historical or cultural significance
©. perimeter of the Calajunan Dumpsite
£ mangrove areas along the city’s estuaries, rivers, creeks and
coastlines
g. eroded slopes
SECTION 8. Ban on the Cutting of Trees. - The cutting of trees in all areas of the
public domain within the City is strictly prohibited unless such cutting shall become
extremely necessary and shall result to long-term benefits for the citizenry and only
through a written recommendation from the City Mayor to the DENR: Any private
Jandowner shall be allowed to cut any tree enumerated under Section 9 hereof in his or
her property only upon payment of corresponding fees at the rate of ONE HUNDRED
PESOS (P100.00) per tree to the City Government for the City Government to plant a
replacement tree in other areas of the City. Furthermore, any national government
agency shall be exempted from this section with regards to the cutting of trees in areas of
the public _domain within the city The City ENRO shall take charge of the
implementation hereof
SECTION 9. Trees Under Protection. - Pursuant to DENR Administrative Order No.
78, Series of 1987, as amended, the following trees are protected under this Code hence,
cutting of these trees are regulated
a Nara k._Bolong-eta
b. Molave 1 Kalantas
«Dao m. — Lanete
4 Kamagong n. — Lumbayac
2 Ipil o — Sangile
f — Akle p Supa
g. Apanit q Teak
h— Banuyo Tindale
i Batikuling 8
1
Manggis
Betis . frSECTION 10. Preservation of Flora and Fauna. Hunting, destroying, removing ot
mere possession of any plants, animals or other products, both living and non-living,
derived from protected areas such as strict nature reserves, resource reserves and
municipal parks are hereby banned or regulated depending on their biolosical stock
condition. However, all flora and fauna listed under the protocol of the Convention on
International Trade of Endangered Species of Flora and Fauna (CITES), az well as
species which are endemic and unique to the island of Panay and species whose existence
‘onsidered endangered and threatened, shall be fully protected and any action that
results to thew capture or disturbance of the habitats of sad species are therefore banned.
SECTION 11. Measures to Safeguard and Conserve Biodiversity. Provision of
extension and on-site research services and facilities related to the protection of ctitical
ecosystems and biodiversity for the preservation of endangered and threatened species of
flora and fauna that is endemic and unique is hereby adopted. The initial concerns shall
include the following
a banning of the taking, cutting, possession and transporting of
ecologically important flora and fauna
b. establishment of seed banks and nurseries by the OCA for the
sustainable propagation and improvement of ecologically and
economically important flora
© rehabilitation, protection and conservation of fragile and important
habitats of wildlife
conduct of a comprehensive community-based, Information, Education,
Communication (EC) and advacacies on resources conservation and
management as a means towards promoting public awareness and
participation in biodiversity enhancement and conservation
SECTION 12. Regulated Traffic of Endangered, Rare, and/or Threatened Species.
Traffic of wildlife within the City’s geographical and political jurisdiction is hereby
regulated through a collaborative monitoring with the DENR and neighboring LGUs
Such undertakings include pooling of resources and logistics and effecting arrests and
confiscations in accordance with the DENR rules and regulations. For cases involving
endangered, rare and/or threatened species, more stringent policies and more responsive
Programs shall be enforced through a Memorandum of Agreement between and among
neighboring provincial and municipal governments
SECTION 13. Protected Aveas. In accordance with the 1998-2010 ICCLUP and without
Prejudice to on-going water resource-related programs (including but not limited to the
Hoilo River Development Master Plan, Iloilo Flood Control Project, Tigum-Aganan
Watershed Development Program and the Integrated Water Resources Management
Program), the following ecologically fragile areas are hereby declared as Protected Areas
under the Protected Landscape/Waterscape Category by reacon of their unique physical
and biological significance and for the purpose of enhancing bio-diversity and protecting
such valuable resources from destructive human exploitation and abuse
@ Jaro River Mangrove Area ~ two (2) mangrove areas identified by the DENR at the
mouth of the Jaro River in Brgys. Hinactacan and Ingore
b. Mandurriae Mangrove Area - a wide parcel of privately-owmed fishponds along the
Ioilo River in the District of Mandurriao, vegetated with patches of mangroves thet
act as natural retention pond and natural catch basin for floodwaters during the
monsoon rains and where migratory bird species like Tulabong have been sighted©. Tloilo River Fish Sanctuary ~ a stretch of the Hoilo River's mid-section in the District
of Molo adjacent to the Mandurriao Mangrove Area and its fishpond areas, identified
as the breeding and spawning ground for brackish water fish species and crustaceans
as well as migratory path of anadromous and catadromous species
4. Moilo River Water Sports and Recreation Area ~ a stretch of Hoilo River's midsection
fronting and abutting the Brgy. Nabitasan Eco-Tourism Zone, a reserve area for
recreational fishing, jetskiing, kayaking. canoeing and other boating activities
© Fort San Pedro Historical and Scenic Area - a strip of public land situated south of
the city’s Central Business District along the Guimaras Strat that used to house a
Spanish period fort and which is now being used by city residents as a park
£ Downtown CBD Heritage Conservation Zone - a contiguous mix of residential and
commercial blocks within the Downtovm Core as described by the Reguiation
Ordinance No. 171 series of 1999 for which the conservation of hentage buildings
thereon is embodied
Nabitasan Eco-Tourism Zone - a parcel of private land abutting the Hoilo River
containing an area of approximately hectares reserved for the establishment of
eco-tourism and cultural amenities including a river promenade. park and mangroves
om
The City Government of Ioilo through the CPDO, City ENRO, and the OCA will
Prepare amap within one (1) month upon approval of this Cade showing the delineation
of these Protected Areas. As the need arises additional protected areas in the City may
still be identified.
SECTION 14. Prohibited Acts in the Protected Areas as Identified in the Milo City
Comprehensive Land Use Plan, It shall be unlawful for any person or persons te
perform the following acts inside the Protected Areas
& hunting, poaching, fishing, and all forms of killing, maiming or
capturing of terrestrial, marine, amphibious mammals, reptiles, birds,
fishes and other aquatic animals or their young
'b. destruction of the wildlife’s habitat, such as removal of nests and
brooding areas
©. cutting of all kinds of trees and vegetation unless authorized by the
proper authorities.
4. use of air gun or any gadgets for hunting birds or other animals
© installation of illegal traps, fish corals, or any other forms of
unauthorized entrapment for all wildiife thereat
£ installation or construction of any building or structure or
exploitation, extraction and utilization of any natural recource thereat
without prior consultation with the DENR and the written
authorization of the City Mayet
Penalties herein imposed is without prejudice to the penalties that the offender
mnay suffer under Section 3 of Presidential Decree No. 953, the Phil. Fisheries Code.
NIPAS Act and other pertinent national favs against exploitation of the environment and
natural resources, otSECTION 18. Reversion of Lands. Urban lands that ate disposable and alienable, or
portions of it, which have in time supported the growth of trees and other vegetation and
hhas eventually transformed the land to become ecologically aesthetic shall be
recommended for reversion into parks and open spaces. The City, through the CAO,
CPDO, and City ENRO and in coordination with the DENR shall conduct an inventory af
Public lands within its jurisdiction, identify all titled lands that have encroached into
rivers, streams, creeks, streets or public highways and ensure that titles of such lands are
cancelled and reverted to the public demain.
SECTION 16. Production Land Use. In the allocation, review ot utilization of lands for
productive purposes, the negative consequences of production and utilization shall be
balanced or mitigated by measures at improving the capacity of the land to resuscitate
and sustain its natural and nusturing processes. The overall direction shall be focused on
sound environmental management with precautionary and anticipatory approaches
against land degradation
SECTION 17. Maintenance of Productivity of Agricultural Lands. The Socialized
Agricultural Preduction and Development Zone (SAPDZ) identified by the 1998-2010
ICCLUP in the Jaro District shall be maintained in its optimum productive state throush
the promotion of sustainable farming practices and within the limits of ecological balance
through the conduct of appropriate and sustainable extension services and educational
programs
SECTION 18. Soif Conservation, To provide for overall maintenance of soil fertility
and prevention of erosion, the following measures shall be considered:
4. adoption of cover crop planting using legumes to recondition denuded, open areas or
to make productive use of cogenal areas in the city
©. adoption of enrichment planting using fuelwood or non-timber crops in between trees
of reforested areas or open areas to enhance seil firmness and fertility
© monitoring, restriction and’or banning of pesticides for agricultural purposes that may
cause hazards to public health, crops, fish and livestock and environment in
accordance with the Guidelines on Banned/Restricted Products af the Fertilizer and
Pesticides Authority through the following measures
1, banning the use of organotin compounds (e.g, Brestan, Aquatin, Telustan 60 WP,
Torque SO WP) azinphos ethyl (eg. Gusathion 40 EC, Bionex), methyl parathion
(eg. Folidol M 50 Ei ethyl Fosferno SOEC, Methion 50 EC, Meprox 50 EC,
Parpest M 50 EC, Penncap M, Wefatox 50)
restriction on the utilization of Endosulfan and its derivatives to non-palay
production only
3. banning the use of chemicals other than agricultural pesticides that are hazardous
to human health and regulated by the RA 6969 (Hazardous Waste Act)
4 adoption of environment-fiendly biological techniques and organic farming and
rainwater management program through the OCA and City ENRO in coordination
with the DA
® te help ensure against riverbank erosion, adequate easements and buffers as
designated by appropriate agencies such as but not limited to the City Goverment af
Hoilo, DENR and MGB should be maintained along rivers, estuaries and other natural
waterbodies,SECTION 19. Land Speculation and Management. - The City Government of Hoilo
through the CPDO shall institute a monitoring system on land development and
epulation distribution to ensure compliance to existing HLURB las on land uses and
ENR laws on environmental impact assessment. In order to ensure the that the plans of
developers and speculators are consistent with and will positively benefit the city’s own
development and development plans, the City, through sectoral consultation, shall
establish appropriate institutional coordinative mechanisms and an accreditation
