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THE EASTERN SAMAR ENVIRONMENT CODE OF 2009

SABULAO, E. (Ll.B.)

Member, Sangguniang Panlalawigan, Eastern Samar, Philippines

EGIRANI, D.E. (PGC; BSc; MSc; PhD; MSAN; MNMGS; MMAGBNI)

Environment and Natural Resource Consultant

United Kingdom

ISBN 978-34548-8-9

This e-book is sold subject to the condition that it shall not by way of trade or otherwise, be lent,

resold, hired out or otherwise circulated without the author’s prior consent in any form of

binding or cover other than that which it is published, and without a similar condition including

this condition being imposed on the subsequent purchaser.

All Rights Reserved

Published in 2009 by

ENO PMC SERVICES LIMITED United Kingdom

ENOPMC

Publication of

Eno Pmc Services

www.enopmcservices.com

Available online @enopmcservices.com

ENO PMC SERVICES

E-text.resources.enopmc.978-34548-8-9

E. SABULAO & D.E. EGIRANI e-text.resources.enopmc.978-34548-8-9.p2

2

TABLE OF CONTENTS

ARTICLE I ................................................................................................................................... 12

TITLE OF THE ORDINANCE ................................................................................................ 12

Section 1. Title of the Ordinance ........................................................................................... 12

ARTICLE II .................................................................................................................................. 12

AUTHORITY AND PURPOSE ............................................................................................... 12

Section 2. Authority. .............................................................................................................. 12

Section 3. Objectives and Purposes. ...................................................................................... 13

Section 4. Declaration of Operative Principles. .................................................................... 14

Section 5. Declaration of Policy. ........................................................................................... 15

Section 6. Definition of Terms. ............................................................................................. 15

ARTICLE III ................................................................................................................................. 18

FOREST RESOURCES ............................................................................................................ 18

Section 7. Operative Principles ............................................................................................. 18

Section 8. Forest Resources Management Framework. ........................................................ 18

Section 9. Greening Eastern Samar. ...................................................................................... 18

Section 10. Arbor Week. ....................................................................................................... 19

Section 11. Development of Production Forests. .................................................................. 19

Section 12. (a) Management of Protection Forest ................................................................. 21

Section 13. Development of Recreation Forest ..................................................................... 21

Section 15. Prior Consent of Sanggunian .............................................................................. 21

Section 16. Annual Investment Plans – ................................................................................. 22

Section 17. Organization ....................................................................................................... 22

Section 18. ............................................................................................................................. 22

Section 19. Government Intervention on Unproductive Lands of Public Domain. .............. 22

Section 20. A Tree for Legacy Program. ............................................................................... 23

Section 21. Certificate of Tree Planting. ............................................................................... 23

Section 22. Silvicultural Practices. ........................................................................................ 23


3

Section 23. Assisted Natural Regeneration ........................................................................... 23

Section 24. Cutting, Removal, Gathering, Possession, Hauling and Transport of Timber and

other Forest Products without Permit and Transport Documents.......................................... 23

Section 25. Apprehension, Seizure, Confiscation and Disposition of Illegally

Cut/Transported Forest Products. .......................................................................................... 24

Section 26. Land Marker Establishment along Entrance Road to Timberland Areas. .......... 24

Section 27. Forest Resource Management and Utilization. ................................................... 24

Section 28. Utilization Permits within Devolved Project Areas. .......................................... 24

Section 29. Promotion of Value Added Forest Products. ...................................................... 24

Section 30. Co-Management of other Forest Areas. ............................................................. 24

Section 31. Programs and Projects, Planning and Implementation of Devolved ENR

Functions to LGUs and its Governing Principles. ................................................................. 25

Section 32. Accounting and Documentation of Project Areas, Programs and Functions

Devolved to the Local Government Units of Eastern Samar. ............................................... 25

Section 33. Joint Management Conference with the DENR and LGUs Technical Personnel

in the Development and Utilization of Forest Products within the Province. ....................... 25

Section 34. Prohibited Acts and Its Corresponding Penalties regarding the Utilization of

Forest Products PD 705 and other Local Ordinances. ........................................................... 26

ARTICLE IV ................................................................................................................................ 27

MINERAL AND QUARRY RESOURCES ............................................................................. 27

Section 35. Operative Principles ........................................................................................... 27

Section 36. Management of Mineral Resources. ................................................................... 27

(a) Mineral Resources Development and Management Plan. .......................................... 28

(b) Identification of Potential Source and Unexplored Mineral Resources. .................... 28

(c) Evaluation and Inventory of Mineral Lands/Areas. ................................................... 28

Section 37. Mining Claim Application, Extraction and Utilization of Mineral Resources. . 28

(a) Mining Claims and Mineral Exploration. ................................................................... 28

(b) Mining Operation and Environmental Safety. ............................................................ 29

(c) Quarry Operation. ....................................................................................................... 30

(d) Sand and Gravel Extraction ........................................................................................ 30

(e) Guano Extraction ........................................................................................................ 30

Section 38. Acceptance and Receiving of Mineral Permit Application by PMRB .............. 30

Section 39. Secretariat to the PMRB ..................................................................................... 31


4

Section 40. Approval of Permit Application. ........................................................................ 31

Section 41. Special Permit. .................................................................................................... 31

Section 42. Mineral Resources Processing. .......................................................................... 31

Section 43. Processors Permit. .............................................................................................. 31

Section 44. Transport of Mineral Resources. ........................................................................ 32

Section 45. Regulatory Provisions......................................................................................... 32

Section 46. Governing Laws ................................................................................................. 32

Section 47. Exploitation of Quarry Resources ...................................................................... 32

Section 48. Monitoring and Evaluation ................................................................................. 33

Section 49. Organization – .................................................................................................... 33

Section 50. Prohibited and Punishable Acts – ....................................................................... 33

Section 51. Penal Provisions. ................................................................................................ 33

(d) Mines Arson. .............................................................................................................. 34

(e) Willful Damage to a Mine. ......................................................................................... 34

(f) Illegal Obstruction to Permittees/Contractors. ........................................................... 34

(h) Illegal Obstruction to Government Officials .............................................................. 34

i) Fines. .............................................................................................................................. 34

ARTICLE V .................................................................................................................................. 35

WATER RESOURCES............................................................................................................. 35


Section 53. Establishment of a Water Resources Trust Fund................................................ 35

Section 54. Designation of Priority Watershed for Protection – ........................................... 35

Section 55. Water Resources Management Plan – ................................................................ 36

Section 56. Water Quality Monitoring .................................................................................. 36

`Section 57. Protection of Public Water Infrastructure ......................................................... 37

Section 58. Protection of Riverbanks Easements, Rights-of-Way and Greenbelts ............... 37

Section 59. Drainage System – .............................................................................................. 37

Section 60. Organic Farming and Soil and Water Conservation ........................................... 37

Section 61. Health and Sanitation Measures – ...................................................................... 37

Section 62. Water Usage and Classification – ....................................................................... 37


5

Section 63. Utilization of Waters .......................................................................................... 37

Section 64. Control of Waters ............................................................................................... 38

Section 65. Conservation and Protection of Waters and Watersheds ................................... 38

Section 66. Prohibited and Punishable Acts – ....................................................................... 39

Section 67. Penal Provisions. ................................................................................................ 39

ARTICLE VI ................................................................................................................................ 41

INTEGRATED WASTE MANAGEMENT ............................................................................. 41


Section 70. Integrated Waste Management ........................................................................... 42

Section 71. Role of the Province – ........................................................................................ 42

Section 72. Waste Management Bodies. ............................................................................... 42

Section 73. Waste Segregation at Source. ............................................................................. 43

Section 74. Sorting and Storage. ........................................................................................... 43

Section 75. Collection and Transport and Recycling. .......................................................... 43

Section 76. Compost Pit Establishment. ................................................................................ 43

Section 77. Prohibition against the Use of Open Dumps and Controlled Dump Facilities for

Solid Waste Disposal. ............................................................................................................ 43

Section 78. Sanitary Landfill Establishment. ........................................................................ 44

Section 79. Clustering of Sanitary Landfill for Common Solid Waste Treatment and

Disposal Facilities.................................................................................................................. 44

Section 80. Solid Waste Ordinance. ...................................................................................... 44

Section 81. Hazardous and Toxic Waste. .............................................................................. 44

Section 82. Burial Grounds ................................................................................................... 44

Section 83. Solid Waste Management Plan. .......................................................................... 44

Section 84. Ecological Waste Management Team. ............................................................... 45

Section 86. Fines and Penalties. ............................................................................................ 45

Section 87. Administrative Sanctions. ................................................................................... 46

ARTICLE VII ............................................................................................................................... 46

COASTAL RESOURCES ........................................................................................................ 46


Section 89. (a) Delineation of Municipal Waterways ........................................................... 47


6

Section 90. Conservation of Biological Diversity and Preservation of Heritage Items ........ 47

Section 91. Community Participation and Integration of National Government Agencies .. 47

Section 92. Coastal Zoning and Management Guidelines ..................................................... 48

Section 93. Environmental Impact Assessment .................................................................... 49

Section 94. Provision of Tenurial Security and Management Rights .................................... 49

Section 95. Promotion of Conducive Policy and Complimentary Province-Wide Fishery

Ordinance ............................................................................................................................... 49

Section 96. Public Beaches .................................................................................................... 49

Section 97. Gathering, Extraction, and /or Removal of Beach Sand and Corals .................. 50

Section 98. Coastal Resource Management Fund ................................................................. 50

Section 99. Municipal Fisheries ............................................................................................ 50

Section 100. Promotion of Conducive Policy and Complementary Province Wide Fishery

Ordinance. .............................................................................................................................. 51

Section 101. Fund Support to Matarinao Bay Management Council (MBMC). ................... 51

Section 102. Aquaculture ...................................................................................................... 51

Section 103. Post Harvest Facilities, Activities and Trades ................................................. 52

Section 104. Fishery Reserves, Refuge and Sanctuaries ....................................................... 52

Section 105. Prohibition and Penalties. ................................................................................. 52

Section 106. General Provisions ............................................................................................ 55

ARTICLE VIII .............................................................................................................................. 55

AIR POLLUTION MANGEMENT ......................................................................................... 55

Section 107: Operative Principles- ........................................................................................ 55

Section 108. Vehicle Emission Control ................................................................................. 56

Section 109. Industrial Pollution Control .............................................................................. 56

Section 110. Ambient Air Quality and Noise Level Monitoring .......................................... 56

Section 111. Information and Education ............................................................................... 56

Section 112. Industry Group .................................................................................................. 56

Section 113. Anti-Smoke Belching. ...................................................................................... 56

Section 114. Ban o ................................................................................................................. 56

Section 115. Ban on Incineration. ......................................................................................... 56

Section 116. Acts Prohibited and Punishable under this Code.............................................. 56


7

Section 117. Penal Provisions. Violations of the provisions of Air Pollution Control shall be

subject to the penalties as provided in RA 8749. .................................................................. 57

NNNUUUIIISSSAAANNNCCCEEE ............................................................................................................................... 58

Section 118. Operative Principle. ......................................................................................... 58

Section 119. Types of Nuisances ........................................................................................... 58

WWWAAATTTEEERRR PPPOOOLLLLLLUUUTTTIIIOOONNN MMMAAANNNAAAGGGEEEMMMEEENNNTTT ............................................................................... 59

Section 122. Operative Principles. ........................................................................................ 59

Section 123. Wastewater Disposal System............................................................................ 59

Section 124. Collection, Handling, Transport, Treatment and Disposal of Domestic Sludge

and Septage. ........................................................................................................................... 60

Section 125. Pollution Control Officer. ................................................................................. 60

Section 126. Penal Provision. ................................................................................................ 60

ARTICLE IX ................................................................................................................................ 60

ECOTOURISM ......................................................................................................................... 60

Section 127. Operative Principles ......................................................................................... 60

Section 128. Community-Based Ecotourism......................................................................... 60

Section 129. Authorized and Unauthorized Ecotourism Sites .............................................. 61

Section 130. Ecotourism Plan Review .................................................................................. 61

Section 131. Preparation of Ecotourism Framework Plans ................................................... 61

Section 132. Incentives .......................................................................................................... 61

Section 133. Environmental Standards .................................................................................. 61

Section 134. Sensitive Areas ................................................................................................. 62

Section 135. Provisions for Accreditation ............................................................................. 62

Section 136. Provincial Tourism Council .............................................................................. 62

Section 137. Function of the Provincial Tourism Council .................................................... 62

Section 138. Acts Prohibited and Punishable under this Code-shall include but limited to

the following: ......................................................................................................................... 62

ARTICLE X .................................................................................................................................. 62

ENVIRONMENTAL IMPACT ASSESSMENT AND MONITORING ................................. 62

Section 139. Operating Principles ......................................................................................... 62

Section 140. Functions of the EAI Monitoring Team ........................................................... 63

Section 141. Validation of Scoping Sessions ........................................................................ 63


8

Section 142. Participation in the Preparation of EIS Document ........................................... 63

Section 143. Review of EIA and IEE .................................................................................... 63

Section 144. Participation in Public Consultations and Hearings ......................................... 63

Section 145. Law Enforcement ............................................................................................. 64

Section 146. Inventory of Establishments ............................................................................. 64

Section 147. IEE Compliance for Projects not Covered by the EIA System ........................ 64

Section 148. Environmentally Critical Areas- ....................................................................... 64

Section 149. Training ............................................................................................................ 64

Section 150. Environmental Guarantee Fund ........................................................................ 64

Section 151. ECC Requirement. ............................................................................................ 64

Section 152. ECC Monitoring and Compliance. ................................................................... 65

Section 153. Adjudication of Pollution Complaints. ............................................................. 65

Section 154. Penal Provisions ............................................................................................... 65

ARTICLE XI ................................................................................................................................ 65

COMPREHENSIVE LAND MANAGEMENT INCLUDING WETLAND ........................... 65


Section 156. Basic Policies .................................................................................................... 65

Section 157. CLUP Formulation ........................................................................................... 65

Section 158. Compatibility of Provincial, City and Municipal Comprehensive Land Use

Plans....................................................................................................................................... 66

Section 159. Land Management System ............................................................................... 66

Section 160. Administration of the One ................................................................................ 66

Section 161. Land Survey ...................................................................................................... 66

Section 162. Identification of A&D areas through surveys................................................... 66

Section 163. Delineation of Barangay Service Center within Timberland Areas. ................ 66

Section 164. Fund Allocation for Surveys of Political Boundary and Settlement. ............... 67

Section 165. Land Use, Conversion and Zoning ................................................................... 67

Section 166. Penal Provisions. .............................................................................................. 67

WETLAND MANAGEMENT ................................................................................................. 68


Section 168. Revision and Harmonization of Protected Area management Plan. ................ 68


9

Section 169. Wetland Protected Area Management Committee ........................................... 68

Section 170. Demarcation and Delineation of Different Zones within Wetland Protected

Areas. ..................................................................................................................................... 68

Section 171. Reversion of A and D Areas with Declared Protected Areas into Forestland .. 68

Section 172. Protection and Rehabilitation of Wetlands. ...................................................... 68

Section 173. Prohibition of occupancy. ................................................................................. 68

Section 174. Organization of Task Force on Wetland Protection. ........................................ 68

Section 175. Creation of Protected Area and Warden Officers Position. .............................. 69

Section 176. Issuance of Permit, License and Tenurial Instrument ...................................... 69

Section 177. Mono Cropping within Wetland Protected Areas. ........................................... 69

Section 178. Recognition of Cultural Rights of Local Communities. ................................... 69

Section 179. Fund Support .................................................................................................... 69

Section 180. Prohibition and Punishment Acts. .................................................................... 69

Section 181. Penalties regarding the Abuse of Protected Wetlands. ..................................... 69

ARTICLE XII ............................................................................................................................... 70

BIODIVERSITY MANAGEMENT AND CULTURAL RESOURCE PRESERVATION .... 70


Section 183. Resource Inventory and Accounting of Significant Sites and Species ............. 70

Section 184. Conservation Breeding and Caring of Wildlife ................................................ 70

Section 185. Protection of Wildlife Species and Habitat outside Protected Areas ............... 70

Section 186. Community Awareness on Resources and Environment (CARE). .................. 70

Section 187. Establishment of Tree Parks and Greenbelt. .................................................... 71

Section 188. Cultural Resource Preservation ....................................................................... 71

Section 189. Regulation and Control. .................................................................................... 71

Section 191. Illegal Acts. Consistent With RA No. 9147, The Following Acts Shall Be

Declared Illegal: .................................................................................................................... 72

AAARRRTTTIIICCCLLLEEE XXXIIIIIIIII .............................................................................................................................. 74

PPPRRROOOMMMOOOTTTIIIOOONNN OOOFFF OOORRRGGGAAANNNIIICCC FARMING AAANNNDDD IIINNNTTTEEEGGGRRRAAATTTEEEDDD PPPEEESSSTTT MMMAAANNNAAAGGGEEEMMMEEENNNTTT

(((IIIPPPMMM))) PPPRRROOOGGGRRRAAAMMM .................................................................................................................... 74


Section 193. Formulation of Plan. ......................................................................................... 74

Section 194. Promotion of Organic Fertilizer. ...................................................................... 75


10

Section 196. Promotion of Balanced Fertilization “tipid-abono” approach/ zero chemical or

pure organic farming. ............................................................................................................ 75

Section 1967 Establishment of integrated organic-based model farms ................................. 75

Section 198. Institutionalization of viable farmers association/ cooperatives as community

compost and bio-predator producers. .................................................................................... 75

Section 199. Incentives. ......................................................................................................... 75

Section 200. Government Support......................................................................................... 75

ARTICLE XIV.............................................................................................................................. 75

SAFE USE AND HANDLING OF HARMFUL CHEMICALS .............................................. 75


Section 202. Prohibiting the sale and use of banned and restricted pesticides in the

Philippines. ............................................................................................................................ 76

Section 203. Restriction for the Use of Harmful Chemicals. ............................................... 76

Section 204. Labeling of Chemicals ...................................................................................... 77

Section 205. Labeling of Chemicals ..................................................................................... 77

Section 206. Safe handling during transport and storage ...................................................... 78

Section 207. Use of personal protective equipment (PPE). ................................................... 78

Section 208. Disposal of waste chemicals and empty containers .......................................... 78

Section 209. Penal Provisions. .............................................................................................. 78

ARTICLE XV ............................................................................................................................... 79

EEENNNEEERRRGGGYYY RRREEESSSOOOUUURRRCCCEEESSS MMMAAANNNAAAGGGEEEMMMEEENNNTTT ............................................................................. 79


Section 211. Research, exploration and development of conventional non-conventional

energy resources. ................................................................................................................... 80

Section 212. Area qualified for research and exploration. .................................................... 80

Section 213. Government Support......................................................................................... 80

Section 214. Empowering the ESESDC to act as Energy Management and Development

Board. .................................................................................................................................... 80

Section 215. Funding Assistance. .......................................................................................... 81

AAARRRTTTIIICCCLLLEEE XVIIII......................................................................................................................... 81

EEENNNGGGIIINNNEEEEEERRRIIINNNGGG AAANNNDDD IIINNNFFFRRRAAASSSTTTRRRUUUCCCTTTUUURRREEE MMMAAANNNAAAGGGEEEMMMEEENNNTTT ............................................ 81

Section 216 Operative Principles. ........................................................................................ 81


11

Section 217. Construction of Building, Roads, Bridges and Flood Control. ........................ 81

Section 218. Establishment of Dust Collector and Facilities. ............................................... 81

Section 219. Rehabilitation, Maintenance and Landscaping or Planting of Trees along Road-

Right ...................................................................................................................................... 82

Section 220. Establishment of Strategic Waiting Sheds and Travelers Assistance Center

along National Highway. ....................................................................................................... 82

AAARRRTTTIIICCCLLLEEE XXXVVVIIIIII ............................................................................................................................ 82

COMMON PROVISIONS ........................................................................................................ 82

ENFORCEMENT AND MONITORING ................................................................................. 82

Section 221. Operative Principles. This title shall be applicable to all Articles mentioned

under Title II of this code. ..................................................................................................... 82

Section 222. Memorandum of Agreement. ........................................................................... 82

Section 223. Program and Project Implementation. .............................................................. 82

Section 224. Creation of the Provincial Environment and Natural Resources Office - LGU 83

Section 225. ........................................................................................................................... 84

Section 226. ........................................................................................................................... 84

Section 227 ............................................................................................................................ 84

Section 228. Monitoring Stations and Checkpoints. ............................................................. 84

Section 229. Sharing Scheme on Fines Collected from Penalties. ........................................ 84

Section 230. Rewards to Informants...................................................................................... 84

XVIII ............................................................................................................................................. 85

RESEARCH DEVELOPMENT AND ENVIRONMENTAL AWARENESS PROMOTION 85


Section 232. Natural Resource Data Base System. ............................................................... 85

Section 233. Research and Development Programs. ............................................................. 85

Section 234. Resource Valuation. .......................................................................................... 85

Section 235. Environmental Awareness and Advocacy. ...................................................... 85

Section 236. Budgetary Allocation on Environmental Management Activities under the

Twenty Percent (20%) Development Fund. .......................................................................... 85

Section 237. Allocation of proceeds derived from local fees and charges ............................ 86

Section 238. Fund Support .................................................................................................... 86

ARTICLE XIX.............................................................................................................................. 86


12

EASTERN SAMAR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT

COUNCIL (ESESDC ................................................................................................................ 86

Section 239. Creation. ........................................................................................................... 86

Section 240. Powers and Functions. The powers and functions of Eastern Samar

Environment and Sustainable Development Council (ESESDC): ........................................ 86

Section 241. Composition...................................................................................................... 87

Section 242. Meetings. .......................................................................................................... 87

Section 243. The Secretariat – Powers and Functions........................................................... 87

ARTICLE XX ............................................................................................................................... 88

FINAL PROVISIONS .............................................................................................................. 88

Section 244. Mandatory Review. ......................................................................................... 88

Section 245. Implementing Rules and Regulations- ............................................................. 88

Section 246. Applicability Clause ......................................................................................... 88

Section 247. Reparability Clause ........................................................................................... 88

Section 248. Repealing Clause- ............................................................................................. 88

Section 249. Suppletory Clause ............................................................................................. 88

Section 250. Effectivity Clause- ............................................................................................ 88

ARTICLE I

TITLE OF THE ORDINANCE

Section 1. Title of the Ordinance. – This ordinance shall be known as “The Environmental

Code of the Province of Eastern Samar of 2008” and shall hereinafter be referred to as the

Code.

ARTICLE II

AUTHORITY AND PURPOSE

Section 2. Authority. – This Code is enacted pursuant to the provisions of:

A) Constitution of the Philippines (1987), particularly Section 15 and 16, Article II,

Declaration of Principles and State Policies and Sections 1,,3, 5,6,7 and 8, Article XII,

national Economy and Patrimony.

B) Republic Act No. 7160, also known as the Local Government Code of 1991, particularly

Sections 2(a), 2(c), 3(d), 3(e), 3(f) up to 3(m), 5(a), 5(c), 16, 17, 26, 27, 33, 34, 35, 36, 129,


13

186, 289, therefore, including Sections, 389(b)(9), 444(b)(3)(vi), 444(b)(3)(vi), 445(b)(3)(v),

and 465(b)(3)(v), which mandates the Municipal Mayor, City Mayor, and Provincial

Governor, respectively, to adopt adequate measures to safeguard and conserve land, mineral,

marine, forest and other resources: Section 447(a)(l)(vi), Section 458(l)(vi), and Section 468

(a)(vi), which provides for the authorities of the Sangguniang Panlalawigan, respectively to

protect the environment.

Section 3. Objectives and Purposes. – This Code is enacted for the following objectives and

purposes.

Objectives:

a) To promote the principles of ecologically sustainable development: Such that the use,

development and protection of the environment should be managed by LGU’s in a way, and

at a rate, that will enable people and communities to provide for their economic, social and

physical well-being and for their health and safety while sustaining the capacity of mother

nature to replenish itself so that natural and physical resources can meet the reasonably

foreseeable needs of future generations;

b) To ensure that all reasonable and practicable measures are undertaken by LGU’s to protect,

restore and enhance the quality of the environment having regard to the principles of

ecologically sustainable development, and:

c) To prevent, reduce, minimize, and where practicable, eliminate harm to the environment:

c.1. By programs to encourage and assist action by industry, government authorities, and

the community, aimed at pollution prevention, clean productions and technologies, reduction,

re-use and recycling of materials and natural resources and waste minimization;

c.2. By regulating in an integrated, systematic and cost-effective manner:

i. Activities, products, substances and services that through pollution and production of

waste can cause environmental harm.

ii. The generation, storage, transportation, treatment and disposal of waste;

c.3. TO coordinate activities, policies and programs necessary to prevent, reduce, minimize or

eliminate environmental harm to ensure effective environmental protection, restoration and

enhancement;

c.4. To facilitate the adoption and implementation of environmental protection measures

agreed on by the national government and local government units in the province under inter-

LGU arrangements for greater uniformity and effectiveness in environmental protection;

c.5. To apply a precautionary approach to the assessment of risk of environmental harm and

ensure that all aspects of environmental quality affected by pollution and waste, including

ecosystem sustainability and valued environmental attributes are considered in decisions

relating to the environment.

c.6. To require all persons, natural and juridical, engaged in polluting activities, to

progressively make environmental improvements including reduction of pollution and waste

at source as such improvements become practicable through technological and economic

development;

c.7. To allocate the cost of environmental protection and restoration equitably and in a manner

that encourages responsible use of and reduce harm to the environment with polluters bearing

an appropriate share of the cost that arise from their activities, products, substances, and

services;


14

c.8. To provide for monitoring and reporting on environmental quality on a regular basis to

ensure compliance with environmental laws, rules, and regulations, and the maintenance of a

record of trends in environmental quality;

c.9. To provide for reporting to the Governor and the SP thru the Committee on

Environmental Protection and Energy about the state of the environment on a periodic basis.

c.10. To promote industry and community education and involvement in decisions about the

environmental protection, restoration and enhancement, and disclosure of, and public access

to, information about significant environmental incidents.

Purposes:

a) Operationalizing the powers and responsibilities of the local government units of

Eastern Samar in the delivery of general welfare services particularly in environment and

natural resources management.

b) Provide guidance to the lower level local government units in the exercise of their

powers and in optimizing the opportunities provided under RA 7160;

c) Establish the framework for a local government-driven, inter-agency, and multi-sectoral

system of environment management in the province;

d) Regulate, control, and guide future growth and development of the province in the

pursuit of its common vision of progress through agro-industrial and eco-tourism

development within the context of wise management and utilization of the natural, bio-

physical, geological cultural and historical heritage of the Eastern Samarenos;

e) Inform the citizens on the environment and natural resources management policy of the

Provincial Government of Eastern Samar; and

f) Establish a mechanism for implementing the provisions of this Code.

Section 4. Declaration of Operative Principles. – This Code is premised upon the following

principles of the Province of Eastern Samar;

a) The active cooperation and participation of Eastern Samarenos is critical towards the

attainment of sustainable development.

b) The right to balance ecology is part of the right to life itself;

c) Every generation has an inter-generational responsibility to safeguard the environment

for the enjoyment and use of future generations.

d) The people are the stewards of God’s gift of nature for sustainable livelihood;

e) The enactment and enforcement of laws concerning the protection and conservation of

the environment shall be just and consistent with the laws of mother nature;

f) The use of environment-friendly and appropriate technologies is a critical foundation

for a healthy and progressive generation;

g) All development activities shall always give importance and respect for the indigenous

culture and practices of the people including gender and population consist with ecological

principles;


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h) The sustainable economic development of Eastern Samar calls for a judicious use of

natural resources and an equitable access to all in accordance with existing laws; and

i) All Eastern Samarenos have the right to be informed and to participate in all

undertaking pertinent to the sustainable utilization, protection, preservation, and conservation

of natural resources.

Section 5. Declaration of Policy. – Cognizant of the enormous promise and opportunity for

prosperity offered by the quality, quantity, diversity, and sustainability of our environment

and natural resources through which we envisage to arrest in part the high rates of out-

migration of our fellow Estehanons as occasioned by the growing scarcity and declining

productivity of our natural resources and considering that environment and natural resources

and management within the province transcends municipal boundaries, it is hereby declared

the policy of the provincial government to secure for the use and enjoyment of the present and

future generations of Eastern Samarenos the perpetual existence of adequate environment and

natural resources in order to support indefinitely the sustainable development requirements of

the province.

Section 6. Definition of Terms. – As used in this Code, the following words and phrases

shall be defined

a) “Alienable and Disposable (A and D) lands” refer to those lands of the public domain

which have been declared by law as not needed for forest purposes.

b) “Biological Diversity” means the variability among living organisms from all sources

including terrestrial, marine, and other aquatic eco-system and the ecological complexes of

which they are part; this includes diversity within species, and between species and eco-

systems.

c) “Buffers Zones” are identified areas outside the boundaries of and immediately

adjacent to designated protected areas and needed special development control in order to

avoid or minimize harm to the protected area.

d) “Coastal Area/Zone” – is a band of dry land and adjacent ocean space (water and sub-

ranged land) in which process and uses directly affect oceanic process and uses, and vice

versa; its geographic extent may include areas within a landmark limit of one (1) kilometers

from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa

swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters

isobaths to include coral reefs, algal flats, sea grass beds and other soft-bottom areas.

e) “Commercial Fishing” – the taking of fishery species by passive or active gear for

trade, business or profit beyond subsistence of sports fishing, to be further classified as: (1.)

Small scale commercial – fishing with passive or active gear utilizing fishing vessels of 3.1

gross tons (GT) up to twenty (20) GT; (2.) Medium scale commercial fishing-fishing utilizing

active gears and vessels of 20.1 GT up to one hundred fifty (150) GT; and (3.) Large scale

commercial fishing-fishing utilizing active gears and vessels of more than one hundred fifty

(150) GT.

f) “Communal Forest” refers to a tract of forest land set aside for a municipality by law

or through a valid proclamation or order for the use of the residents of a municipality from

which said residents may establish forest plantation and/or tree farms, cut, collect and remove

forest products for their personal use in accordance with existing laws and regulations. Each

municipality is entitled to a maximum of 5,000 hectares of communal forest as provided in

Section 17(b) (2) (ii) RA 7160.

g) “Environmentally Critical Areas” (ECA) refer to those socially, ecologically and

geologically sensitive areas declared by law or valid proclamation as (i) areas for natural

parks, watered reserves, wildlife preserves and sanctuaries; (ii) areas set aside as

scenic/aesthetic and potential tourist spots (iii) areas which are the habitat of endangered

species; (iv) areas possessing unique historic, archeological, or scientific interest; (v) areas

traditionally occupied by indigenous communities; (vi) areas with critical slopes (vii) areas of

aquifers; (x) water bodies; (xi) mangrove areas; (xii) coral reefs; (xiii) mossy and virgin


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forests; (xiv) river banks; and (xv) swamplands and marshlands. Technically, it may also refer

to environmentally critical projects.

h) “De Fecto” refers to an open access conditions result from the inability of a resource

owner or manager, such as the State in the case of marine resources, to enforce its ownership

and authority by way of effectively excluding or regulating non-owners from the use thereof

thereby rendering the utilization of the resource under open and unregulated conditions as if

there is no owner or manager. The failure of regulatory unregulated conditions as if there is no

owner or manager. The failure of regulatory controls by resources owners or managers

inevitably results in the destruction of the resources and overall losses in public welfare. In

the case of marine resources, de facto open access conditions lead to eventual declines in

marine productivity particularly fish catches in the municipal water. Examples of destructive

human activities in Eastern Samar, occasioned by “de facto” open access regimes in

municipal water include the use of destructive fishing methods, over-fishing, destruction of

fragile mangrove and coral fish habitants and spewing grounds, improper garbage disposal,

pollution and acts resulting to siltation.

i) “Eco-tourism” refers to a nature-based activity managed by the local community with

government support whose primary goals are conservation and enhancement of natural

resources while providing economic benefits to the local community without endangering the

socio-cultural practices of its people.

j) “Effluent” is the general term denoting any wastewater, partially or completely

treated, or in its natural state, flowing out of manufacturing plant, industrial plant or treatment

plant.

k) “Emission” refers to the act of passing into the atmosphere an air contaminant,

pollutant, gas stream unwanted sound from a known source.

l) “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 sound, and odors that are critical determinants of the quality of life. In a

broad sense, it shall include the total environment of man such as economic, social, cultural,

political and historical factors.

m) “Environmental Compliance Certificate (ECC)” refers to authorization issued by the

DENR of the Governor, as the case may be, pursuant to law, in favor of a proponent the

project of which have been reviewed, evaluated and finally approved upon consideration that

the project will not bring about an unacceptable environmental impact and that the proponent

has complied with all the requirements of PD 1586 as well as Proclamation 2146, otherwise

known as the Environmental Impact Assessment System.

n) “Governor” refers to the Provincial Governor of the Province of Eastern Samar.

o) “Integrated Social Forestry” refers to the inert-agency national program created by

Letter of Instruction No. 1260, dated July 28, 1982, designed to promote the socio-economic

conditions and forest occupants and communities dependent on forest land on their livelihood,

provided land tenure and the same time protect and improve the quality of the environment.

p) “Initial Environmental Examination (IEE)” refers to the documents required of

proponents describing the environmental impact of, and mitigation and enhancement measure

for, project or undertakings located in an environmentally critical area, including areas outside

the courage of the Philippine Environmental Impact Assessment System as identified by the

Governor pursuant to Section 102 of this Code.

q) “Lease” is a privilege grated by the State to a person to occupy and possess in

consideration of specified rental, any land of the public domain in order to undertake any

authorized activities therein.

r) “License” is a privilege granted by the State to a person to utilize natural resources

within any land, without any right of occupation and possession over the same, to the

exclusion of others, or establish or operate a manufacturing plant, or conduct any activity

involving the utilization of the natural resources covered by the license.

s) “Mangrove” is the term applied to the type of forest occurring in tidal flats along the

sea cost, extending along streams where the water is brackish consisting of a community of

plants including trees, shrubs, vines and herbs.

t) “Municipal Waters” include streams, lakes, subterranean and tidal waters within the

territorial jurisdiction of a municipality that are not subject to private ownership and not


17

included within national parks, public forests, timberlands, forest reserves or fishery reserves,

and covers marine water included between tow (2) lines drawn perpendicular to the general

coastline from points where the boundary lines of the municipality touch the sea at low tide

and a third line parallel with the general coastline and fifteen (15) kilometers of marine waters

between them, the third line shall be drawn equi-distant from the opposite shores of the

respective municipalities.

u) National Integrated Protect Areas System (NIPAS)” is the classification and

administration of all designation protect areas to maintain essential ecological processes and

life-support system, to preserve generic diversity, to ensure sustainable use of resources found

therein, and to maintain their natural conditions to the greatest extent possible as provided in

RA 7586, otherwise known as the NIPAS Act of 1992.

v) “Permit” is short term privilege or authority granted by the state to a person to utilize

any limited natural resources or undertake a limited activity within a piece of land without of

occupation or possession therein.

w) “Person” includes natural as well as juridical persons.

x) “Production Forests” refers to areas with a slope from 0-50 percent, developed to

supply commercial timber and non-timber products such as bamboo, rattan, horticultural

crops (e.g. furniture trees), mangrove, gums and resins, spices, fiber, trees, vines, palms, or a

combination thereof.

y) “Protection Area” refers to identified portions of land and water set aside by the law

for reasons of their unique and biological significance, managed to enhance biological

diversity and protected against destructive human explosion, as provided in RA 7586, the

National Integrated Protected Areas System (NIPAS) Act of 1992.

z) “Protected Forest” refers to areas regardless of slope which are highly erodible or too

rocky for establishment of production forest, developed for the primary objective of

establishing vegetative cover to prevent erosion, conserve and produce water, and nature

wildlife.

aa) “Public Forest lands” refers to those lands of the public domain which have been set

aside by law for forest purpose. These lands maybe either presently forested or denuded.

bb) “Public Consultation” refers to a stage of public participation which information is

disseminated and opinions gathered in public in order to ensure that public concerns are fully

integrated into the process of environmental impact assessment.

cc) “Quarry Resources” refers to any common rock or other material substance as the

Director may declare to be quarry resources such as, but not limited to, andesite, basalt,

conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite,

limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate,

sandstone, serpentine, shale, stuff, volcanic cinder and volcanic glass: Provided, that such

quarry resources do not contain metals or metallic constituents and/or other valuable minerals

in economically workable quantities: Provided, further, That non-metallic minerals such as

kaolin, feldspar, bull quartz or silica, sand and pebbles, bentonite, talc, asbestos, gypsum,

bauxite, magnesite, dolomite, mica, precious and semi-precious stones and other non-metallic

minerals that may later be discovered and which the Director to be of economically workable

quantities, shall not be classified under the category of “Quarry Resources”.

dd) “RA 7160” refers to the Local Government Code 1991.

ee) “Recreation Forest” refers to a track of public forest land, forested or non forested, and

may contain both production and protection forest, developed for the additional primary

purpose of providing non-destructive recreational pursuits such as, but not limited to,

camping, bush walking bird watching, mountaineering and nature observations/studies.

ff) “Small Scale Mining” refers to mining activities which rely heavily on manual labor

using simple implements and methods and do not use explosives or heavy mining equipment.

gg) “Scoping” refers to the stage in the EIS system information and assessments

requirements are established to provide proponent with a scope of work for the EIS.

hh) “Solid Waste” refers to all putrescible, not putrescible and discarded materials

(excludes human excrement) including but not limited to food waste, rubbish, ashes, street

cleaning, dead animals, abandoned vehicles, sewage treatment sludge in non liquid from,

incinerator ash and residue, commercial, industrial, hospital, funeral and agricultural waste;


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and special waste, whether combustible or non-combustible such as paper, rags, cartoons,

woods, tin cans, lawn clippings, glass, or litter of any kind.

ii) “strict Protection Zone for Water Production” refers to areas set by the Sangguniang

Panlalawigan upon recommendation by the Governor for the purpose of and/or ceremonial

religious use by indigenous communities.

jj) “Watershed” is a land area drained by a stream of fixed body of water and its

tributaries having a common outlet for surface runoff. Small watershed areas specifically refer

to those that are identified by local governments or the proper agency as sources of water

supply for particular local communities.

kk) “Waste Management” includes both solid and liquid waste.

Delimitation of other terms, not herein specifically defined, may also be based upon accepted

definitions though usage or specific understanding.

ARTICLE III

FOREST RESOURCES

Section 7. Operative Principles – In consideration of the multiple economic,

ecologist, aesthetic, scientific and educational services which forest resources provided in

sustaining the life and development of the people of Eastern Samar and in recognition of the

increasing demand for timber, water, recreation forest, and conversion of biological diversity

which is presently not being met by forestry operations in the province, it is hereby declared

the policy of the provincial government that the Governor shall fully exercise his powers and

provide leadership over constituent city and municipal governments to ensure the perpetual

existence of adequate forests and resources for the use and enjoyment of the province and its

people though local government-drive, inter-agency, and multisectoral forest resources

management.

Section 8. Forest Resources Management Framework. – Within six (6) moths upon

effectively of this Code, the Governor shall adopt a provincial strategic forest resources

management framework to serve us guide for city and municipal governments in preparing

their respective forest resources management plans. The provincial framework shall in the

minimum, outline how the city and municipal governments may promote investments, create

jobs, and generate local government revenues through production, protection and recreational

forestry programs or projects. Further, the framework shall be formulated, adopted, and

implemented in collaboration with national government agencies, particularly the DENR and

the private sector in accordance with law; subject, however, to the condition that the

framework shall be in conformity with the provincial physical framework plan.

Section 9. Greening Eastern Samar. – The Province of Eastern Samar shall adopt a “Greeting

Eastern Samar” Program that will cover the planting and growing of trees along the highways,

and river banks and water ways. All municipalities and the City of Borongan shall be encouraged

and mandated rehabilitate river banks and water ways to prevent soil erosion and siltation in the

coastal areas of the Province. The Office of the Governor shall formulate policies to support the

Green Productivity, Green Procurement, and Green Philippines (GP3) initiatives of the national

government and other NGO’s.


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Section 10. Arbor Week. – The Province of Eastern Samar shall observe the Provincial

Foundation Week of November as Eastern Samar Provincial Arbor Week. The Provincial ENRO

in coordination with the Provincial Environment and Natural Resources Office (PENRO) shall

make the necessary plans of activities in the observance of the Arbor Week which should involve

simultaneous activities of all Municipalities, City and Provincial Government.

Section 11. Development of Production Forests. – In order to provide adequate raw

materials stocks to meet increasing household, infrastructural, agricultural, and industrial

demand for timber, fuel wood, and minor products of commercial value, the Eastern Samar

Tree Enterprise Program (LTEP) is hereby established as a program of the Provincial

Government and, as such, integrated into the regular budgeting process; provided, that LTEP

funds shall be intended for the provision of assistance to the city and municipal governments

in the promotion of commercial tree farming, harvesting, and artisanal and industrial wood

processing enterprises through the provision of conductive policy, technical assistance,

information flows, capability building, law enforcement, loan assistance, and tenurial security

services; provided, further, that the program shall be implemented in close collaboration with

the DENR and the tree farming, harvesting, wood processing and market activities are

conducted in accordance with pertinent forest laws and regulations; provided, further that the

provincial government may invest and operate its own enterprise and related facilities for

commercial purposes and for developing suitable working models.

b) Operationalization of Development Production Forestry-Related Management

Functions. – The Provincial Government shall assist the city and municipal government to

establish and operate their communal forest proper coordination with the DENR, management

of community based forestry projects, and establishment of new reforestation project as

provided under Section 17(b) (2) (ii), RA 7160, including the establishment of small

watershed areas pursuant to DENR Administration Order (DAO) No. 3 series of 1992.

c) Limited Production Forest Areas – The Governor shall actively support the development

of limited production forest and issuance of applicable tenurial instruments in specific zones

within protected areas as provided in RA 7586 (NIPAS Act).

d) Integrated Social Forestry – Upon effective of this Code and expedite the delivery of

services to qualified beneficiaries, the Governor shall transfer to the city/municipality

governments the responsibility of the implementation to integrated social forestry projects

particularly the establishment of on-farm production forest and mangrove plantations through

a system of Memoranda of Agreement; provided, that such agreements for transfer of transfer

of responsibilities shall stipulate continuing provincial and city and municipal governments

collaboration towards developing the capacity of barangay councils to eventually administer

these projects.

e) Timber Utilization and Wood Processing Plants – The cutting harvesting, and transport

of timber, lumber and minor forest including the processing and sale therefore in all classes of

land, shall be actively regulated in order to create new and legitimate forms of livelihood,

create new jobs, and generate additional local government revenues as major catalyst for

reforestation of idle and unproductive land, reduction of soil erosion, and improvement of the

overall premium species pursuant to DAI 78, series of 1987: provided that the Governor shall

establish in coordination with the DENR a streamlined system for the issuance of license,

leases or permits; provided, further that license, lease and/or permits to be issued by the

DENR shall be subject to prior area clearance by the concerned Mayor upon issuance of an

area clearance in a form of a resolution by the Sangguniang Barangay at the source of the

forest product: provided further that a Governor area clearance shall be required I the case of

transport or movement of forest products from one municipality to another and outside the

province of Eastern Samar in order to ensure proper compliance with pertinent existing local

ordinances or those that may hereafter be promulgated: provided, finally that the utilization of


20

timber and minor forest products situated within protected areas and critical watershed shall

be subject to the provision of RA 7586 (NIPAS) and its implementing laws, rules and

regulations.

Timber inventory in Alienable and Disposal Lands – Within one (1) year upon effectively of

this code the city/municipality Mayors shall complete the conduct of a one hundred percent

(100%) inventory and registration of planted and naturally growing timber in alienable and

disposable (A and D) lands, including those funds within protected areas as defined in RA

7586 in order to rationalize issuance of Mayors’ clearance, business permits, collections of

fees and charges, and associated municipal and city support services for the utilization of

timber and minor forest products in A & D lands and in order to protect timber on government

owned lands from unauthorized harvest; provided that the imposition of fees and charges is

authorized under appropriate ordinances.

Upon completion of the foretasted one hundred (100) percent inventory of after one (1) year

from effectively of this ode, whichever comes first, the City/municipal. Mayors may, subject

to an ordinance enacted by the concerned Sanggunian, impose appropriate penalties, fees

and/or charges for such clearances; business permits, and or municipal support services

covering unregistered timber on A & D lands; provided, that the Governor shall provided

technical assistance services to concerned city/municipal governments upon request;

provided, further, that the Governor shall be responsible for securing participation of national

government agencies particularly the DENR, non-governmental organizations and people’s

organizations in the inventory, provided finally that the municipal/city data shall be integrated

into the provincial forest resources information system for investment promotion purpose, as

provided in Sec. 14 of this Code.

f) Incentives for the Development of Production Forest – The City/Municipal/Provincial

Sanggunian may enact ordinance and appropriate funds for the purpose of providing

incentives such as, but not limited to, tax rebates, tax holidays, cash awards, free seedling, soft

loans, and training for the purpose of promoting private investment in the development of

commercial forest-based enterprises.

g) Retention of Timber within Production Forest for Protection Purpose – All trees situated

on slopes over fifty (50) percent and elevation over 1, 000 meters above sea level, including

those within twenty (20) meters from both sides of roads and highways shall be retained for

protection purpose. The Sangguniang Panlalawigan and the Governor shall provide assistance

to the City/municipal Sanggunian in the formulation of appropriate implementing ordinance

for the implementation of this provision.

h) Conservation of timber from Native Forest on A & D Lands – Subject to the provisions

of RA 7586 and other existing national laws, natural growing timber and minor forest

products found within A & D lands may be commercialized upon inventory and registration

with the city/municipality/provincial government with the city/municipality/provincial

government provided, that adequate measures shall be provided for the protection of wildlife

and wildlife habitats, if any there be, such as but not limited to iguana or bobcats, including

the non-extraction of regulated species, such us but not limited to molave (or “tugas”) and

other premium species pursuant to DAO 78, series of 1987; provided, further, that from the

timber inventory, the Governor shall, within one (1) year from effectively of this Code,

designate with City/Municipality mayor and the DENR, appropriate molave source areas and

recommended the molave and other non-deregulated trees therein for exemption from DAO

No. 78 series of 1986 in order to rationalize and maintain the furniture industry in Eastern

Samar; provided; finally, that the Governor shall share the inventory information with the

DENR, and vice-versa.

Within one (1) year upon effectively of this Code, the Governor shall recommend measures to

the Sangguniang Panlalawigan for the protection and conversion of endemic flora and fauna

within native forest on A & D lands.


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Section 12. (a) Management of Protection Forest – all measures shall be adopted to actively

share responsibility with the government, particularly the DENR in securing the perpetual

existence of all native plants and animals in the province. The Governor shall adopt measures

to assist the DENR towards enabling the Protected Area Management Boards (PAMBS’s) as

provided under RA 7586, particularly in the immediate delimitation, establishment and

operationalization of strict protection zones, habitat management zones, cultural zones, and

recreation zones.

As far as practicable, the management of protection forest for sustained water production

coastal habitat protection, conservation of waterways easement and rights-of-way, forest-

based recreation, biodiversity conservation, and scientific and educational advancement shall

be undertaken with the end in view of generating livelihood for local residents and revenues

for city/municipal/provincial governments.

b) Forest Protection and Law Enforcement – The Provincial Government shall

provided effective leadership in the operation of inter-agency, inter-LGU, and multi-sect oral

efforts in forest and law enforcement in close collaboration with the DENR, the AFP, the

PNP, the NBI and other law enforcement agencies.

c) Municipal Watershed – Subject to national and provincial policies, cities/municipal

governments shall be responsible in the proper manager of their respective watershed, if there

be any. For this purpose, all city/municipal government units shall identify and delineate their

municipal watershed one (1) year upon affectivity of this Code; provided, that are

identification and delineation shall be undertaken in coordination with the DENR pursuant to

Section 17, RA 7160 and Section3.12 ©. DAO 30, series of 1992 for areas within public

forest lands. For watershed within alienable and disposal lands the establishment shall be

properly coordinated with the Department of Agriculture and Agrarian Reform.

d) Protection and Conservation of Mangroves – For the purpose of protecting the

livelihood and well-being of the artisanal fishing population, the sustained productivity of

coastal habitats of marine flora and fauna shall be secured through the provision of assistance

to local governments in establishing adequate safeguards and controls on human activities

within declared mangrove forest reserves, marine parks and fish sanctuaries, such as, but not

limited to the formulation of a provincial coastal resource management framework, as

prescribed in this code.

Section 13. Development of Recreation Forest – Upon request, the Government shall assist

local governments in the establishment of revenue-generating community-based forest recreation

projects, such as, but not limited to, forest parks, botanical gardens, and camping grounds.

Section 14. Forest Resources Information System – With the assistance of national

agencies and departments, the Governor shall establish and maintain a forest resources

information system that can be used in promoting and stimulating public and private sector

investment in the operation of production, protection and recreation forest and forest-based

industries in the province. Such information system shall, in the minimum, consist of thematic

maps, directory of available areas, and forest resources for investments, and tenurial systems.

Upon request, the Governor shall provide technical assistance to interested local governments

in the development of their forest resources information systems.

Section 15. Prior Consent of Sanggunian – For purpose of implementing the provision of

this code and pursuant to Section 26 and Section 17, RA 7160, national government agencies

and instrumentalities are hereby required to consult with local government units and obtain

prior consent of the concerned Sanggunian in the implementation and development of

investments, programs or projects affecting forest resources. Henceforth, no forest resources


22

management or usufruct permit shall be issued by national government agencies without prior

consultation and written consent of the Sangguniang Panlalawigan and local government

units.

Section 16. Annual Investment Plans – Upon the affectivity of this Code the city, municipal

and provincial budget allocations for forest resources management shall be included in the

annual investment plans; provided, that such investment are in accordance with the forest

resources management framework as prescribed under Section 8 of this Code.

Section 17. Organization – There is hereby created a Forest Resources Management Section

(FRMS) under the office of the Governor. The city/municipal governments are encouraged to

establish their forestry service offices, if necessary to ensure proper implementation of their

respective forest management plans. The FRMS shall provide assistance to city/municipal

governments in (a) preparation of city/municipal forest resources management plans, (b)

design and preparation of forest relate projects, (c) strengthening of

city/municipality/provincial forest management capability, (d) establishment of support

linkages and network systems, and (l) tenurial security issuance, strengthening and

enforcement. It shall also develop model forestry projects for the promotion to the barangays.

Section 18. Acts Prohibited and Punishable – Prohibited and punishable acts under this Code

shall include, but not limited to, the following;

a) The indiscriminate cutting of trees in both private and public lands is hereby

prohibited;

b) The use of unregistered or unlicensed power saws/chain saws and similar tree-

felling equipment shall be banned and prohibited, unless a current and valid license of permits

for the use therefore as issued by the city/municipal mayor/governor has been obtained;

c) The trafficking of flora and fauna shall be prohibited, unless the City/Municipal

mayo/Governor and the DENR have issued a current and valid permit for the traffic therefore

from the source.

d) The hunting and/or gathering of endangered or threatened species, such as the

Monkey, are prohibited.

e) No person shall ignite, or maintain any open fires except in the following activities:

open fires for cooking food for human consumption in areas designated by law, fires for the

disposal of dangerous materials or wastes subjects to prior clearance or permit issued by the

Mayor, fire for the training of personnel in firefighting, prescribed burning for recognized

agricultural, forestry and wildlife management practices, and open fires expressly approved

by the DENR and concerned Mayors.

Section 19. Government Intervention on Unproductive Lands of Public Domain. The

provincial government on its pursuit to transform dormant and unproductive lands into a useful

area beneficial to all of its inhabitants shall:

(a) Issuance of Tenurial Instrument. The dormant lands and unproductive areas under public

domain shall be allowed to be developed by any private individual, corporate groups and

associations to convert said areas into a productive one by granting to the above named person

and entities with tenurial instruments such as SIFMA< CSC and IFMA for the development of

said lands into tree plantation and agro-forest plantation.

(b) Incentives. The private individuals, groups, associations and corporations, shall be

entitled to incentives by exempting the planters/developers from paying forest charges for the

planted trees once harvested, for developing the said unproductive land in accordance with

existing national policy on SIFMA. To avail of these incentives, the planter/developer has to


23

register with the provincial or municipal assessor’s office immediately after the actual

planting/developing of the area applied for. The assessor’s office concerned shall submit a report

to the Sangguniang concerned for tax exemption purposes.

Section 20. A Tree for Legacy Program. Effective upon approval of this Code, all able bodied

residents of the province starting at the age of ten (10) years old to sixty five (65) years old ,

shall be required to plant at least one (1) fruit and / or endemic forest tree per year to any of the

designated Government owned tree plantation project areas such as: Barangay/Municipal Tree

Parks, Communal Forest of the Municipality, identified small watershed area, road right of ways,

riverbank easement and other designated areas by the Government. The Local MENR Officer

and the Barangay Council shall identify the site for tree planting activities and ensure that the

planted seedlings will properly be taken care of.

The office of the Provincial Governor, Municipal Mayors and all Department Heads as well as

the Punong Barangays are hereby directed to fully enforces and implements the program to attain

the objectives and purpose of this Environment Code.

The Local PENR Officer/Municipal ENR Officer in coordination with the Punong Barangay

shall see to it that the person requesting for Tree Planting Clearance had actually planted the

seedlings in the given site prepared for the purpose and as much as practicable instill plan and

scheduling so as to avoid time dragging in its implementations.

The planting material shall be provided by the concerned municipal and barangay units, free of

charge.

Section 21. Certificate of Tree Planting. Subject to the provision of the preceding section,

official transactions enumerated under this section, require a tree planting certificate issued by

the Barangay Captain:

(a) Government scholarship grants

(b) Filing of marriage annulment and legal separations

(c) Requirement for elementary, high school and college graduation

Section 22. Silvicultural Practices. The provincial government through the Local ENR Officer

and in coordination with DENR shall ensure that silvcultural treatments be appropriately applied

to all forest plantations within the province.

Section 23. Assisted Natural Regeneration. Under this provision, identified and declared

small watersheds, communal forest areas, municipal and barangay tree parks as well as

identified water sources and all other protected areas, shall undergo immediate rehabilitation

through assisted natural regeneration

Section 24. Cutting, Removal, Gathering, Possession, Hauling and Transport of Timber

and other Forest Products without Permit and Transport Documents. Consistent with the

national policy on the utilization of timber and other forest products within forest land and to

harmonize and complement these policies with the powers and authorities granted by congress to

the Local Government Units in accordance Section 465 of the Local Government Code of 1991,

after its due promulgation and approval of this Code, shall further prohibit any person knowingly

and willfully intend to cut and haul timber products using any type of conveyance and enter into

forestland to haul timber/logs and other forest products without permit.

The Provincial Government thru the Legal Office shall initiate filing a case in court against the

violators committed within the devolved areas related to any form of forest destruction.


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Section 25. Apprehension, Seizure, Confiscation and Disposition of Illegally

Cut/Transported Forest Products. The PENRO-LGU in coordination with DENR shall

actively support in the apprehension, seizure, confiscation and disposition of illegally

cut/transported forest products.

In no cases, shall there be no disposition of confiscated forest and other natural resources both by

the DENR and LGUs without proper deliberation and resolution by the Sangguniang

Panlalawigan.

Section 26. Land Marker Establishment along Entrance Road to Timberland Areas. The

provincial and municipal governments thru their respective ENROs and Punong Barangays in

coordination with the DENR shall establish signage on all strategic road entrances and exits to

forestland/timberland areas to inform the public of the government restriction policy with regards

to forest occupancy.

Section 27. Forest Resource Management and Utilization. Consistent with Section 465 of

R.A. 7160, the provincial government in coordination with the DENR shall establish appropriate

mechanism for the rationalization of forest resource utilization. The Provincial Governor, upon

recommendation of municipal and barangay units concerned, shall issue all permits such as but

not limited to the following:

i. Cutting Permit. Cutting permits within the devolved areas and other A &D areas except

for the naturally grown tree species.

ii. Removal and Transport of Forest Products. Upon approval of this Code and corollary to

the right of LGUs in the protection and utilization of forest resources within the devolved areas,

all pertinent transport documents shall be issued by the Provincial Governor and placed on a

ready alert list for prompt verification.

iii. Small Wood Processing Plant Permit. Wood Processing Permits granted to a person to set

up mechanical plant machine or combination of machine used for the processing of logs and

other forest raw materials into lumber, veneer, plywood, wallboard, blocked board, paper,

furniture and other finished wood products.

Section 28. Utilization Permits within Devolved Project Areas. Effective upon approval of

this Code, permit for extraction, removal and transport of forest products within the devolved

project areas shall be issued by the Provincial Governor.

Section 29. Promotion of Value Added Forest Products. Effective upon approval of this Code,

the PENRO-LGU in coordination with the Environment Code Committee, Department of Trade

and Industry (DTI) and Department of Environment and Natural Resources (DENR) and other

concerned national government agencies shall promote processing of value added forest products

and provide support and other forms of financial assistance to deserving local entrepreneurs

within the province.

Section 30. Co-Management of other Forest Areas. Recognizing the fact that there are still

other forest areas in the province that need to be protected and developed for specific purposes,

the Provincial Governor and the Municipal Mayors through their respective ENR Officers and in

coordination and partnership with the DENR, shall initiate preparation of plans and

developmental programs in the area and shall effect the delineation and survey thereof together

with the documentation processes of the said forest area.

In the declaration of areas intended for forest development project, the Provincial Governor shall

enter into a Memorandum of Agreement (MOA) with DENR but with final approval of the


25

Governor, subject to the existing provisions of JMC DENR-DILG-LGU Circular No. 2003-01,

which specifies the DENR Officials to enter into MOA with LGU, which states:

Section 31. Programs and Projects, Planning and Implementation of Devolved ENR Functions to LGUs and its Governing Principles. The Provincial Governor through the local

PENR Officer and the Municipal Mayors with their respective Municipal ENR Officers shall

implement their respective devolved functions pursuant to the provisions of the basic services

and facilities provided in RA 7160. Local planning and design of related ENR functions in the

province and municipalities shall be implemented with preference to the devolved functions and

in accordance with the approved Provincial Forest Land Use Plan (PFLUP). Implementation of

forest protection and other law enforcement functions shall also be exercised by the supervision

of PENRO-LGU, subject to the existing guidelines in the devolution of functions. However, the

Provincial Governor through the respective local ENR Officers and in coordination with the

DENR may implement other functions, programs and projects outside devolved areas through a

Memorandum of Agreement (MOA).

Section 32. Accounting and Documentation of Project Areas, Programs and Functions

Devolved to the Local Government Units of Eastern Samar. Effective immediately, the

PENRO-LGU and the Provincial Development Planning Officer in coordination with the DENR

and in accordance with the specific programs and projects devolved to the LGUs as stipulated in

DENR Administrative Order No. 30 Series of 1992 shall initiate assessment, accounting and

documentation of all programs and project areas within the province.

Records of all programs and projects being implemented by the DENR which are classified as

devolved to the LGUs shall be verified and retrieved for action planning and program

developments. However, except for some turn-over ISF projects documents, other devolved

programs and projects implemented by the DENR within the province shall be subject to further

physical turn-over, such as the following:

(a) All Social Forestry Projects (ISFP)

(b) All Reforestation Projects of the DENR established prior to the implementation of RA

7160 and funded out of regular appropriation.

(c) All Reforestation Projects funded before by ADB, OECF, World Bank and CARP funds

which were implemented through-Family and Community-Based contract.

(d) All Forest Land Management Agreements (FLMA) executed by the DENR and People’s

Organization within the province.

(e) All Community Forestry Projects (CFPs) established within the province.

Section 33. Joint Management Conference with the DENR and LGUs Technical Personnel

in the Development and Utilization of Forest Products within the Province. To ensure that

there will be understanding and mutual cooperation between the DENR and the Local

Government Units in the province, there shall be a regular and periodic Joint Management

i. For Forest Areas up to 1,000 has.

-CENR Officer

ii. More than 1,000 has. up to 5,000 has -PENR Officer

iii. More than 5,000 has. up to 15,000

has.

-Regional Executive Director

iv. More than 15,000 has. up to 30,000

has.

-Undersecretary for Field Operations


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Conference to be conducted, thereby threshing out significant ENR issues and problems which

may strengthen partnership to attain an effective service delivery mechanism.

The Joint Management Conference shall be done in every quarter or as often as necessary

depending on the needs as determined by both the DENR and the Provincial Government.

Section 34. Prohibited Acts and Its Corresponding Penalties regarding the Utilization of Forest Products PD 705 and other Local Ordinances.

(a) Cutting, Gathering and /or Collecting Timber or other Forest Products without License.

Any person who shall cut, gather, collect, remove timber or other forest products from any

forestland, or timber from alienable or disposable public land or from private land without any

authority, or possess timber or other forest products without the legal documents as required

existing forest laws and regulations, shall be punished with the penalties imposed under Articles

309 and 310 of the Revised Penal Code. In the case of partnership, associations or corporations,

the officers who ordered the cutting, gathering, collection or possession shall be liable, and if

such officers are aliens, they shall in addition to the penalty, on recommendations for

proceedings on the part of the Commission on Immigration and Deportation shall be deported.

The Court shall further order the confiscation in favor of the government of the timber or any

forest products cut, gathered, collected, removed or possessed, as well as the machinery,

equipments, implements and tools illegally used in the area where the timber or forest products

are found, [Sec.78 of PD 705 as amended by PD No. 1559, and by EO No. 277, prom. July 25

1987, 83 OG No. 31, Aug. 3, 1987].

(b) Unlawful Occupation or Destruction of Forestland.

Any person who enters, occupies or possesses or makes kaingin for his own private use or for

others, any forestland without authority under a license agreement, lease, license or permit or in

any manner destroys such forestland or part thereof or causes any damage to the timber stand

and other products and forest growth found therein, or who assists, aids or abets any other person

to do so, or sets a fire or negligently permits a fire to be set in any forestland or refuses to vacate

the area when ordered to do so, pursuant to the provisions of Section 53 of PD 705 shall, upon

conviction, be fined in an amount of not less than five hundred pesos (P500.00), nor more than

twenty thousand pesos (P20,000.00) and imprisonment of not less than six (6) months nor more

than two (2) years for each such offense, and be liable to the payment of ten (10) times to the

rental fees and other charges which would have accrued had the occupation and use of the land

been authorized under a license agreement, lease, license or permit. Provided that in the case of

an offender found guilty of making kaingin, the penalty shall be imprisonment for not less than

two (2) years nor more than four (4) years and a fine equal to eight (8) times the regular forest

charges due on the forest products destroyed, without prejudice to the payment of the full cost of

production of the occupied area as determined by the Bureau: provide further, that the maximum

of the penalty prescribed herein shall be imposed upon the offender who repeats the same

offense and double the maximum of the penalty upon the offender who commits the same

offense for the third time.

In all cases, the Court shall further order the eviction of the offender from the land, the forfeiture

to the government of all improvements made and all vehicles, domestic animals and equipment

of any kind used in the commission of the offense. If not suitable for use by the Bureau, said

vehicles, domestic animals, equipment and improvements shall be sold at public auction, the

proceeds of which shall accrue to the Development Fund of the Bureau.


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In case the offender is a government official or employee, he shall, in addition to the above

penalties be recommended for dismissal from office and permanently disqualified from holding

any elective office or appointive position [sec.79 of PD 705 as amended by PD No. 1559).

(c) Sales of Wood Products.

No person shall sell or offer for sale any log, timber, plywood or other manufactured wood

products in the international or domestic market unless he complies with grading rules that

would be established by Government.

Failure to adhere to the grading rules and standards or any act of falsification of the volume of

logs, lumber or other forest products shall be a sufficient cause for the suspension of the export,

sawmill or other license or permit authorizing the manufacture or sale of such products for a

period of not less two (2) years.

A duly accredited representative of the Bureau shall certify to the compliance by the licensing to

the grading rules.

Every dealer in lumber and other building material covered by the Code shall issue an invoice for

each sale of such material and such invoice shall state the kind, standard and size of material sold

to each purchaser in exactly the same as described in the invoice. Any violation of the section

shall be sufficient ground for the suspension of the dealer’s license for a period not more than

two (2) years and, in addition thereto, the dealer shall be punished for each such offense by a fine

of not less than two hundred pesos (P200.00) or the total value of the invoice, which is greater

(Sec 88 of PD 705).

(d) Entry into Forestland with Intent to Cut, Remove, Haul and Gather Forest Products without

Permit.

i. First Offense-willful intent shall be apprehended, reprimanded and barred from entering

into the forest areas.

ii. Second Offense-willful and forcible entry shall be reprimanded and penalized to pay an

amount of Php 500.00

iii. Third Offense-willful and forcible entry shall be penalized to pay Php 1,000.00 and

imprisonment of three (3) days, nor more than one (1) month.

ARTICLE IV

MINERAL AND QUARRY RESOURCES

Section 35. Operative Principles – The revenue generation and livelihood functions of

mineral resources notwithstanding, the increasing domestic external demands for the

utilization of minerals for infrastructure development and industrial raw materials and losses

to public welfare associated with unregulated mining and quarrying particularly from the

adverse effects of soil erosion and biological diversity, and deterioration of coastal fisheries,

the Provincial Mining Regulatory Board, thru the Provincial Governor, regulating the mining,

quarrying and utilization of mineral resources in the province is hereby adopted and

reaffirmed.

Section 36. Management of Mineral Resources. Corollary to the mandate of the National

Government on the proper and sustainable use of the country’s mineral resources, pursuant to

RA 7160, the Provincial Governor through the PENRO-LGU shall initiate and provide basic

services and facilities pertaining to the management of all its mineral resources within the

context of existing mining laws, rules and regulation and the LGU Mineral Resources


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Development and Management Plan. PENRO-LGU shall also initiate and provide interventions,

control and mitigation measures to ensure that the aims and objectives of RA 7160 are

adequately met and protected in particular legalization of illegal mining activities.

(a) Mineral Resources Development and Management Plan. Upon approval of this code, the

provincial government and all municipalities in the Province of Eastern Samar shall formulate a

comprehensive Mineral Resources Development and Management Plan for the purpose of

regulating, assessment, evaluation and monitoring of solid mineral utilization in their respective

areas of jurisdiction.

(b) Identification of Potential Source and Unexplored Mineral Resources. The Provincial

Government, through the PENRO-LGU, together with the concerned municipalities and

Barangays, in coordination with the DENR-MGB, shall initiate the identification of potential and

unexplored mineral resources and mineral reserves within its territorial jurisdiction for

documentation and data banking for investment purposes. Where this documentation has been

carried out satisfactorily by the Provincial Government exploration permits may not be issued to

potential investors.

(c) Evaluation and Inventory of Mineral Lands/Areas. The Provincial Government through

its PENRO-LGU shall conduct general actual evaluation and inventory of the province’ mineral

lands/areas presently occupied and operated with Small-Scale Mining activities, so as to

determine the total number of Small Scale Miners actually operating and the corresponding total

land area utilized and explored into a productive mineral land areas, in order to design some

environmental intervention, control and mitigation measures to protect and conserve the

environment.

In the case where mining claims exist as certified by DENR-MGB and there are no traces of

mining activities undertaken by the claimant, the Provincial Government through PENRO-LGU

shall after one (1) year initiate a process recommending the cancellation of the claim and

subsequent declaration of said mining area open for application.

(d) Geological Assessment of Mineral Resources. Upon approval of this Code, the provincial

government through PENRO-LGU, in coordination with concerned municipalities, and DENR-

MGB shall initiate and undertake geological assessment of all identified mineral lands within the

province, to be able to determine whether that area is suitable for either small-scale or big-scale

mining activities as well as to identify areas where geological/mining hazards are difficult to

mitigate and where mining should strictly be prohibited.

(e) Classification of Mining Areas. The Provincial Government through PENRO-LGU and in

coordination with DENR-MGB shall initiate and carry out the classification of mining areas

suitable for either peoples` small-scale mining area or individual small-scale mining area as well

as facilitate the declaration of these areas pursuant to existing small-scale mining laws.

Section 37. Mining Claim Application, Extraction and Utilization of Mineral Resources. There shall be no mining claim, extraction and utilization of mineral resources within the

territorial jurisdiction of the province without the clearance and corresponding permit issued by

the Provincial Governor.

(a) Mining Claims and Mineral Exploration. In all cases, no application for mining claims

shall be entertained by the DENR-MGB without the corresponding clearance issued by the

Provincial Governor through the resolution of the Sangguniang Panlalawigan. Furthermore, the

provincial government will not recommend for the issuance of exploration permit by the

concerned agencies unless potential and unexplored mineral resources and reserves are

satisfactorily carried out and identified.


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Where a proponent is granted permit to explore and exploit a named solid mineral, it shall be the

responsibility of the permittee to disclose the content of the block if it is other than the mineral

solid approved for mining. It shall be an offense for a permittee to fail to disclose the content of a

mining block not reflecting the solid mineral approved for mining.

(b) Mining Operation and Environmental Safety. It shall be declared the policy of the

Provincial Government that only extraction of mineral resources shall be allowed within the

mining sites and that processing thereof in any form shall be at designated sites as may be

approved by the Provincial Government.

(b.1) Mining Operation within the territorial jurisdiction of the province is strictly prohibited

without a permit.

(b.2) No person under sixteen (16) years of age shall be employed in any phase of mining

operations and no person less than eighteen (18) years of age shall be employed underground in a

mine pursuant to the provisions of the Labor Code of the Philippines.

(b.3) Any small mining operations that employ more than fifty (50) workers shall have at least

one (1) licensed mining engineer hired as a regular employee or under a contract of consultancy

that will take charge of the safety of the operation, and one registered foreman.

(b.4) Mining operator/proponent must provide all the necessary mining safety gears/gadgets

and shall make certain that miners and/or personnel and visitors to the site shall wear at all times

said mining safety gears while within the mine site. The operator is required to install sign post

in areas covered by their activities.

(b.5) Mine opening and tunnel operation shall only be practiced based on the National standard

and as recommended by Mines and Geo-Sciences Bureau.

(b.6) There must be a personnel control chart to be installed at designated points in the mining

site indicating therein the names, position, work assignment and work schedule for control and

information purposes. Such Officers shall provide risk assessment and accident information to

the representative of the Governor as when required

(b.7). Mining Operator/proponent must provide updated mining operation map indicating

therein the deepness, wideness of the tunnel, the number of side openings and all other necessary

information including the level of risk properly sign posted.

(b.8) There shall be a daily production control chart/billboard that will be installed in the

mining site showing the volume of extraction representing the whole month on daily basis for

information purposes and will be the basis for payment of mineral resource extraction fees.

(b.9) All mineral resources that will be transported from the mining site to the processing

plant/custom mills will be covered by Ore Transport Permit (OTP) that will be issued by the

Provincial Governor through the PENRO-LGU to holders of Mining Permits/Contracts. Such

truck would indicate environmental safety compliance and the volume of mineral fines being

transported.

The provincial government shall facilitate the installation and operation of standard

central ore processing plant for custom milling in partnership with the private investors within

the industrial mineral processing zone. The existing processing plants prior to this code shall be

given a maximum of two (2) years grace period to operate, after which, mandatory

decommissioning and transfer of the processing plants to the designated industrial processing

zone shall be effected.


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(b.10) In case of any incident or accident, causing or creating danger, loss of life or serious

physical injuries, the person in charge of the operations or the proponent shall within twenty four

(24) hours immediately report the same to the Office of the Provincial Governor. Failure to

report the same without justifiable reason shall be a valid and just cause for the imposition of

administrative sanctions against the erring permittees.

(b.11) Every permittee shall undertake an environmental protection and enhancement program

covering the period of the permit/contract. Such environmental program shall be incorporated in

the program of work which the contractor or permittee shall submit as an accompanying

document to the application for mining permit/contract. The work program shall include not only

plans relative to mining operations but also in the rehabilitation, regeneration, re-vegetation and

reforestation of mineralized areas, slope stabilization of mined-out and tailings covered areas,

aquaculture, watershed development and water conservation and socio-economic development.

These shall be backed up by the specifics of environmental management, technology and

education awareness training overt the mining period.

(b.12) As mandatory requirements for new and renewal of permit application, applicants are

required to submit a feasibility study of the project area including the solid geology, water

resources, landscape areas, potential sources of environmental degradation and baseline

characteristics of the ecosystem with due consideration considering the resource valuation of the

external environment.

(b.13) Permittees and Contractors shall rehabilitate the excavated, mined-out, tailings covered

and disturbed areas for purposes of environmental safety, as provided in the implementing rules

and regulations of this code. A mine rehabilitation fund shall be established, based on the

permittees/contractors approved work program and feasibility study and shall be deposited as a

trust fund in a government depository bank and used for physical and social rehabilitation of

areas and communities affected by mining activities and for research on the social, technical and

preventive aspects of rehabilitation. Period of payment of the money shall not exceed three forth

(¾) operational licensed period of the permit. Failure to fulfill the above obligation shall mean

immediate cancellation of permit.

(b.14) Small-Scale Mining operators/proponent is strictly prohibited from using explosives to

extract gold ore and other minerals and for other purposes relative to its operation.

(c) Quarry Operation. The Provincial Government shall strictly adhere to the principle of

“No permit, no Quarry policy”, such that no extraction, utilization of Quarry resources without a

quarry permit granted by the Provincial Governor.

(d) Sand and Gravel Extraction. No extraction and utilization of sand and gravel materials

along the beds of rivers and creeks within the province without the corresponding permit issued

by the Provincial Governor.

(e) Guano Extraction. In all cases, there shall be no extraction/utilization of guano

resources from the caves and or any other sources without a permit granted by the Provincial

Governor.

Section 38. Acceptance and Receiving of Mineral Permit Application by PMRB. It is the

policy of the provincial government that applications for Small-Scale Mining Permits/Contracts,

quarry permits, sand and gravel extraction permits, guano extraction and gemstone gathering

permits shall only be entertained and marked officially received by the Office of the Provincial

Mining Regulatory Board (PMRB) after full compliance of the requirements prescribed in the

check-list provided to the applicant.


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Non-compliance to some of the requirements found and stipulated in the check list is the basis

for denial of application and shall be returned officially to the applicant with comments and

recommendations.

Section 39. Secretariat to the PMRB. The Mines and Geo Sciences Division under the

PENRO-LGU shall act as secretariat to the PMRB who shall assist and facilitate the receiving,

processing and documenting of all permit application for mineral resources extraction and

utilization.

Section 40. Approval of Permit Application. Consistent to the provision of R.A 7160, all

mineral extraction permit application shall be duly recommended for approval by the Provincial

Mining Regulatory Board upon compliance with the formalities as required by the PMRB and

shall be forwarded to the Provincial Governor who has the exclusive authority to approve

mineral permit applications as prescribed under the Local Government Code of 1991.

Section 41. Special Permit. Effective upon the approval of this code, special permits to extract

sand and gravel, quarry resources and other minerals shall only be allowed in exceptional cases

involving special government projects. The concerned Government Agency implementing the

project, shall justify the necessity and urgency of such construction and why they should be

given a special permit to extract minerals. Such special permit applications however shall be

supported by a program of work of the project, indicating the total volume of the materials and

its project duration as well as attach a certification from PMRB which states the non-availability

of a permittee in the area. It shall also be the responsibility of that agency to ensure that all

environmental remediation measures are satisfactorily carried out in the event of potential

environment degradation.

Section 42. Mineral Resources Processing. Subject to the provision of Section 53 (b) of this

code, processing of extracted mineral resources shall be in accordance with the approved

Comprehensive Land Use Plan (CLUP) of the Municipality as mineral processing zone. Further,

the processing of mineral resources without the necessary processors permit is strictly prohibited:

(a) For sand and gravel and other quarry resources processors permit, the same shall be issued

and approved by the Provincial Governor.

(b) For metallic mineral resources processors permits, it shall be issued by the Director of MGB-

DENR, co-certified by the Provincial Governor.

All processing plants within the designated mineral processing zones shall be required to secure

ECC.

Section 43. Processors Permit. Applications for mineral processing permits shall be submitted

to the PMRB. The Board, through the PENRO-LGU as Secretariat shall process all the

documents relative thereto and recommend approval of the same to the Provincial Governor

and/or to the Director of Mines and the Geo-Sciences Bureau (MGB) depending on the mineral

resource classification.


32

Provided that, any other consideration for the issuance and granting of Mineral Processing

Permit related to Small-Scale Gold Mining shall be in accordance with the provisions of DENR

Administrative Order No. 5, series of 1988.

Section 44. Transport of Mineral Resources. This provision strictly prohibits the transport of

mineral resources without the necessary permit consistent with the provisions of RA 7942 and

other national laws.

Section 45. Regulatory Provisions – It shall be unlawful for person, natural and juridical to

undertake quarrying and mining without agency having authority and jurisdiction thereof;

provided, that no license, lease, agreement and/or permit shall be issued by other government

agencies or the Governor the prior area clearance and/or consent of the concerned municipal

officials or Sanggunians, as the case may be, pursuant to Sec. 99 (b) DENR Administrative

Order 40 series of 1996 provided further that such prior clearance shall not apply to private land

owner who cannot be forced by the government or by law, except by way of eminent domain, to

permit entry and quarrying over hi/her land; save those disclosed by laws as protected areas,

provided further that mining and quarrying activities within the Province of Eastern Samar shall

be subject to prior Environmental Impact Assessment, as provided for under the Philippine

Environment Impact Assessment as provided for under the Philippine Environmental Impact

Assessment System; provided further that “no extraction or removal of materials shall be

allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for

water supply, archeological and historical sites and any public or private works or structures,

unless prior area clearance of the agency owner concerned is obtained. No extraction or removal

of materials shall likewise be allowed in offshore areas within five hundred (500) meters distance

from the coast and two hundred (200) meters from the main low tide level along the beach,

pursuant to Section 79 (a) of DENR Administrative Order 40 Series of 1996. Mining and other

quarry activities must be accompanied by sound environmental management and Revenues

derived from mining activities shall allocate to projects geared towards sustainable

environmental development.

Section 46. Governing Laws – The pertinent mineral resources provisions of this Code shall

be governed by but not limited to the following national laws and local regulations;

a) Republic Act No. 7942 (Philippine Mining Act of 1995) as implemented by DENR

Administrative Order 40 series of 1996 (Revised Rules and Regulations) as amended.

b) Republic Act No. 7076 (People’s Small Scale Mining Act of 1995) as implemented by

DENR Administrative Order No. 34, series of 1992

c) Presidential Decree 1899 (A Decree Establishing Small Scale Mining as a New

Dimension in mineral Development) as implemented by MRD 41 series of1984 as amended.

d) Provincial Ordinance No. 13, s. 2006 enacting the Provincial Small-Scale Mining

Ordinance of Eastern Samar

e) SP Ordinance No. 05, s 2002 enacting the Sand and Gravel Ordinance of the Province of

Eastern Samar which amended Provincial Ordinance No. 11, s 2000.

f) Executive Order No. 270 (national Policy Agenda or Revitalizing the Mining Industry in

the Philippines) as amended by EO 270 – A.

g) Provincial and municipal Ordinances providing for a Moratorium on all large scale

logging and mining activities and

h) Other allied national laws.

Section 47. Exploitation of Quarry Resources – Sand, gravel and other quarry resources

within the province may be exploited only with issued exclusively by the Governor pursuant

to Section 43, RA 7942 and Section 138, RA 7160, to a qualified person as defined under the

Provincial Ordinance No. 13 series 2006 and future amendments thereto, which is hereby

adopted as an integral provision of this Code; provided all individuals partnership or

cooperation’s engaged in the exploration development and exploitation of natural resources in


33

the construction of infrastructure projects shall be required to restore or rehabilitate areas

subject thereof or affected thereby to their condition, pursuant to Republic Act 7942.

Section 48. Monitoring and Evaluation – Within three (3) months upon effectively of this

Code, there is herby established a monitoring and evaluation team under the Provincial

Governor Office for the purpose of insuring compliance with permits and/or license to

pertinent mining laws, rules and regulations. The Governor shall also provide assistance to

concerned cities, municipalities and barangays in the establishment of their monitoring and

evaluation capability.

Section 49. Organization – There is hereby created a Provincial Environment and Natural

Resources Office (Provincial-ENRO) under the Provincial Governor’s Office, which shall be

responsible in the effective implementation of the mineral management responsibilities of the

provincial government. Considering budgetary limitations the Governor may just designated a

senior official of the Provincial Government to act as such.

Section 50. Prohibited and Punishable Acts – The Sangguniang Panlalawigan, upon

recommendation made by the Provincial Environment and Natural Resources Officer

(Provincial ENRO) and in consultation with the various municipality/city Sangguniang of

Eastern Samar shall within one (1) year the effectively of this Code enact a unified ordinance

for the purpose of defining the Prohibited and Punishable Acts with corresponding penalties

and/or sanctions for acts in violation of the mining/quarrying provision of this Code, and

applicable provincial ordinance.

Section 51. Penal Provisions. Prohibited acts regarding the Mineral Resource Management shall

be penalized by the provisions of RA 7942. Other violations not so provided under this Republic

Act shall be penalized in accordance with the allowed penalty as mandated under RA 7160.

(a) False Statements. Any person who knowingly presents any false application,

declaration, or evidence to the provincial Government or published or causes to be published any

prospectus or other information containing any false statement relating to mines, mining

operators or mineral permits shall, upon conviction, be penalized by a fine of not exceeding ten

thousand pesos (Php 10,000.00).

(b) Theft of Minerals. Any person extracting minerals and disposing the same without a

mining permit/contract or steals minerals or ores or they shall, upon conviction, be imprisoned

from six (6) months to six (6) years or pay a fine from ten thousand pesos (Php 10,000.00) to

twenty thousand pesos (Php 20,000.00), or both at the discretion of the appropriate court. In

addition, he shall be liable to pay damages and compensation for the minerals removed, extracted

and disposed of. In the case of associations, partnerships, or corporations, the president and each

or the directors thereof shall be responsible for the acts committed by such association,

corporation or partnership.

(c) Destruction of Mining Structures. Any person who willfully destroys or damages

structures in or on the mining area or on the mill sites shall upon conviction, be imprisoned for a

period not to exceed five (5) years and shall, in addition, pay compensation for the damages

which may have been caused thereby.


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(d) Mines Arson. Any person who willfully sets fire to any mineral stockpile, mine or

workings, fittings of mine, shall be guilty of arson and shall be punished, upon conviction, by the

appropriate court in accordance with the provisions of the Revised Penal Code and shall, in

addition, pay compensation for the damages causes thereby.

(e) Willful Damage to a Mine. Any person who willfully damages a mine, unlawfully

causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless,

damages or destroys any machine, appliance, apparatus, rope, chain, cackle or any other things

used in a mine, shall be punished, upon conviction, by the appropriate court, by imprisonment

not exceeding a period of five (5) years and shall, in addition pay compensation for the damages

caused thereby.

(f) Illegal Obstruction to Permittees/Contractors. Any person who, without justifiable

cause, prevents or obstruct the holder of any permit, from undertaking his mineral resource

operations/extraction shall be punished, upon conviction by the appropriate court, by a fine not

exceeding five thousand pesos (PhP5,000.00) or imprisonment not exceeding one (1) year or

both at the discretion of the court.

(g) Violation of the Terms and Conditions of the Environmental Compliance Certificate

(ECC). Any person who willfully violates or grossly neglects to abide by the terms and

conditions of the environmental compliance certificate issued to said person and which causes

environmental damage through pollution and damages to life and property shall suffer the

penalty of imprisonment of six (6) months to six (6) years or a fine of fifty thousand pesos

(PhP50, 000.00) to two hundred thousand pesos (PhP200, 000.00) or both, at the discretion of the

court.

(h) Illegal Obstruction to Government Officials. Any person who illegally prevents or

obstruct the Provincial Governor or any of his representatives and the DENR personnel in the

performance of their duties under the provisions of this Code and of the regulations promulgated

hereunder shall be punished upon conviction, by the appropriate court, by a fine not exceeding five

thousand pesos (PhP5, 000.00) or by imprisonment not exceeding one (1) year, or both at the

discretion of the court.

i) Fines. The Provincial Governor through his authorized representative is authorized to charge

fines for late or non-submission of monthly production reports relative to the utilization, extraction

and sale of minerals and mineral by-products in accordance with the standing rules and regulations

of the DENR and of this Environment Code.

j) Ban on the Use of Mercury other Hazardous chemicals in Mineral Processing.

The provincial government shall ban the use of mercury and other hazardous chemicals in the

treatment and processing of minerals. Violation of this provision shall be penalized with an

imprisonment of not less than six (6) months but not more than one (1) year or a fine of Php

5,000.00 or both at the discretion of the court.

This ban shall be enforced only upon installation of the central processing plant within two (2) years

after the approval of this code.


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The provincial government shall partner with investors in the installation of the central processing

plant as an ultimate alternative to a process using mercury. The central processing plant shall meet

all environmental requirements stipulated in the environment code and other national laws.

k) It shall be an offense for a permittee if he fails or willfully neglects to disclose the content of a

mining block, not reflecting the solid mineral approved for mining.

ARTICLE V

WATER RESOURCES

Section 52. Operative Principles – Water resources in the province shall be managed: (a)

For the primary purpose of meeting indefinitely the basic requirement for potable water of all

residents of Eastern Samar and for sustained agricultural production; and (b) For the growing

industrial, recreational and commercial development activities through water resources

pricing, institution of local water pollution control legislation, and establishment of the

Eastern Samar Network of Watersheds (ESNW). Further, it is hereby declared the policy of

the provincial government that water resources in the province shall be equitably shared and

that no barangay shall be deprived of safe and clean water.

Section 53. Establishment of a Water Resources Trust Fund – There is hereby created a

Water Resources Trust Fund for the sole purpose of supporting provincial/city/municipal

programs or projects for the rehabilitation of water production areas within the ESNW. The trust

fund, which shall comprise all amounts, denominated as “share of national wealth” from the

operation of water utilities by national government recommendation by the multi-sectoral Water

Resources Advisory Committee. Henceforth, all such unexpected amounts and future allocations

shall accrue to the Water Resources Trust Fund.

Section 54. Designation of Priority Watershed for Protection – The Eastern Samar

Network of Watersheds (ESNW) is hereby created to be composed initially of the watersheds

which shall be managed and governed by provincial laws, rules and regulations, subject to

national laws, for the purpose of securing the water requirements for the sustainable

development of Eastern Samar.

b) Establishment and Extent of the ESNW – Within one (1) year upon effectively of this

Code, the Governor shall, in close collaboration with the DENR and concerned city/municipal

governments, Barangay councils, and Protected Area Management Boards, study and review

each water shed initially composing the ESNW as to its suitability or non-suitability for the

purpose of determining the specific areas needed for water production purposes.

Upon completion of the study and review, the Governor shall submit to the Sangguniang

Panlalawigan a map and legal description of boundaries of each of the water production areas

in each watershed together with his recommendation for the Sangguniang Panlalawigan to

declare, set aside and maintain the aforesaid areas as strict protection zone for the purpose of

water production.

c.) Additional Areas to the ESNW – The Governor shall propose to the Sangguniang

Panlalawigan the inclusion in the ESNW those watersheds established by the municipal/city

governments in accordance with Section 12 (c) of this Code, including additional watersheds

which the Governor deems necessary to require strict protection for water production

purposes.


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d.) Disestablishment of Watersheds – When upon the recommendation of the majority

members of the concerned Sangguniang Bayan and, if applicable, the members of the

concerned) Protected Areas Management Board, a certain watershed within the ESNW or

portion thereof should be withdrawn or disestablished, or its boundaries modified, the

disestablishment of the thereof shall take effect pursuant to an act of the Sangguniang

Panlalawigan.

e.) Buffer Zones – When necessary, there may be establishment peripheral buffer zones of the

strict water production area to protect the same from activities that will directly or indirectly

harm it; provided, that the establishment of the peripheral buffer zones shall be in the same

manner as the Sangguniang Panlalawigan established the strict water production area.

Section 55. Water Resources Management Plan – The Governor shall, together with the

Municipality/City Mayors, concerned Protected Area Management Boards, national

government plan for the Eastern Samar Network of Watersheds. Upon recommendation of the

multi-sectoral Water Resources Committee (WRC), the Governor may qualify professional

consultancy services in accordance with law;

The plan shall be based, among others, on the following:

a.) Inventory and classification of water resources in accordance with Presidential Decree

1067 and DENR Administrative Order No. 34. Series of 1990, for the purpose of determining

appropriate uses, protection measures needed and water quality standard to be applied;

b.) Characterized of the status of priority watersheds in terms of water producing

capacity, water quantity and use;

c.) The measures to be implemented to improve water quality and production capacity of

the watershed;

d.) The appropriate institutional arrangement to be for managing the watershed;

e.) The investment requirement, duration and revenue generating measures to be

implemented; and

f.) Appropriate policy incentives and regulations to ensure that the watershed is managed

in a sustainable manner.

Section 56. Water Quality Monitoring – Within nine (9) months upon effectivity of this

Code, the Governor shall organize and maintain the continuous and effective operation of a

multi-sectoral Provincial Water Resources Committee (PWRC) to be composed of the

Governor as Chairman, the Chairperson of the SP Committee on Environmental Protection

and Energy as Vice-Chairman, and NIA, DENR, NAPOCOR, PAG-ASA, DA, ESAMELCO

and PHO as members, including two (2) representatives of accredited non-government

organization as appointed by the Governor. The committee shall be vested with the following

duties and responsibilities;

a.) Establish the number and location of province-wide water sampling stations based on

proximity to human settlements and possible sources of pollution. The sampling stations shall

include coastal areas, estuaries, rivers, community deep wells, aquifers, and similar bodies of

water as determined by the Committee.

b.) Conduct regular sampling and carry out the analysis of samples collected using the

parameters, standards, and procedures established by national laws. The sampling stations

shall include biological oxygen demand (BOD), total suspended solids (TSS) and total coli

form.

c.) Release of the monitoring result to the public particularly to the municipalities and

barangays concerned.

d.) In coordination with the DENR and the Provincial Agriculturist’s Office, monitor the

impact on water resources of all mining operations in the province.

e.) Assist national government agencies in the enforcement of anti-pollution laws including

Presidential Decree No. 984, DENR Administrative Order 34 (Revised Effluent Regulations


37

of 1990) and Republic Act. No. 6969 (Toxic Substances and Hazardous and Nuclear Waste

Control Act of 1990)

f.) Organize industrial firms and tourism establishments in the province so that they can share

pollution reduction techniques, work as a group with the government and non-government.

g.) Advice the governor on the policy requirements to safeguard water resources in the

province.

h.) Recommend to the Governor the allocation of the Water Resources Trust Fund as provided

under Section 27 of this Code.

i.) Prepare and recommend to the Governor annual work and financial plans for the operation

of the Committee.

`Section 57. Protection of Public Water Infrastructure – The Governor shall identify the

component watersheds of the ESNW which are presently supporting small hydro-electric

projects, inter-municipality waterworks and irrigation systems as well as those which are

potential sites of similar projects and assist local governments prepare management plans

thereof. The Governor shall ensure that engineering works and infrastructure projects within

the province do not adversely impact on water quality.

Section 58. Protection of Riverbanks Easements, Rights-of-Way and Greenbelts – The

Governor shall adopt adequate measures for establishing clearance and greenbelts along river

banks and seashore areas as prescribed by law, to recover easements as provided in DENR

Administrative Order 05, series of 1997 and Presidential Decree No. 1067 which provide that

banks of rivers and streams and the shores of the seas throughout their entire length and

within a zone of three (3) meters in forest areas, along margins are subject to easement for

public use in the interest of recreation, navigation, float age, fishing and salvage.

Section 59. Drainage System – The Governor shall adopt necessary measures to ensure that

adequate municipal and Barangay drainage systems are established and maintained to prevent

the negative effects of all types of affluent on both surface and underground water quality.

The Governor shall also provide assistance to local governments for the purpose of ensuring

that the solid wastes are properly disposed for the protection of water resources.

Section 60. Organic Farming and Soil and Water Conservation – The Governor shall assist

local governments in the implementation of community-based forestry projects for the purpose

of instituting improved soil and water conservation techniques and generate resources to

implement the measures. Likewise, the Governor shall promote the application of organic

techniques among farmers and use all its powers to enforce laws against prohibited agricultural

chemicals.

Section 61. Health and Sanitation Measures – The Governor shall adopt appropriate

measures to assist local governments improve environmental sanitation by expanding the use

of sanitary toilets for waste disposal.

Section 62. Water Usage and Classification – The Provisions of DENR Administrative

Order No.34 series of 1990, otherwise known as the “Revised Water Usage and Classification

and Amendments thereto”, are hereby adopted.

Section 63. Utilization of Waters

a. Resource Valuation shall be included in any development of water resources to ensure

beneficial effects to the people of the province of Eastern Samar.

b) Any development of water resources shall be subjected to rules and regulations as

mandated under RA 1067 and other related laws.


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(i) The utilization of subterranean or ground water shall be coordinated with that of surface

waters such as rivers, streams, springs and lakes, so that a superior right in one not adversely

affected by an inferior right in the other.

Section 64. Control of Waters

(a) There shall be guidelines for governing and management of flood plain areas in the

province to be formulated jointly by the Provincial Government, Water Resource Board and the

DENR.

(b) The Provincial Government in coordination with concerned government agencies may

construct the flood control structures in declared flood plain control areas, and for this purposes

it shall have a legal easement as wide as be needed along and adjacent to the riverbank and

outside of the bed or channel of the river.

(c) River beds and sand bars may not be cultivated except upon prior permission from the

concerned government authority and such permission shall not be granted where such cultivation

obstructs the flow of water or increase flood levels so as to cause damage to other areas.

(d) Rivers, lakes and lagoons may, upon the recommendation of the concerned government

authority, be declared navigable either in whole or in part.

(e) Rafting of logs and other objects on rivers and lakes which are floatable shall be controlled

or prohibited during designated season of the year with due regard to the needs of irrigation

and domestic water supply and other uses of water.

(f)The impounding of ponds or reservoirs shall be prohibited when found dangerous to public

health upon consultation with the Public Health Office.

(g) All reservoir operations shall be subject to rules and regulations as mandated by the law.

(h) No person shall drill a well without prior permission from the concerned government

authority.

(i) Transfer of water from one river basin to another river basin shall be done only based on

the rules and regulations and allowed only upon approval of the concerned government authority.

Section 65. Conservation and Protection of Waters and Watersheds

(a) Establishment of Watersheds for Protection - The provincial, municipal and Barangay

Governments shall, in close collaboration with the DENR and other concerned agencies identify

study and review each watershed to determine the suitability strictly needed for water production

purposes and immediate protection.

(b) All municipalities shall declare the identified critical and significant watershed areas for

protection either for water production area subject for the approval of the Sangguniang

Panlalawigan and engage in a co-management agreement with the DENR. (formulate sanction to

municipality and barangay for not protecting and managing watershed within their area)

(c) All municipalities shall formulate watershed management plan for each identified watershed

subject for the approval of the Sangguniang Panlalawigan.

(d) All municipalities and Barangays shall compulsory allocate annual budget for the

protection and conservation of the identified watershed in their respective territorial jurisdiction.


39

(e) Water Spring Protection and Development. Effective upon approval of this Code, it is

unlawful to any public officer and employee to initiate or recommend for the issuance or cause to

issue any tenurial instruments to certain areas for exclusive use and ownership by a private

person or entity where water sources and/or channels are located.

(f) Water Sources within A&D and Titled Lands. All water sources with a radius of 100

meters located within A & D areas shall not be subjected to any title application.

As deemed necessary, the government shall endeavor to file expropriation proceedings to all

private properties where water sources are found to be in critical condition. In most instances, the

municipal government shall ensure proper maintenance and sanitation, protection, conservation

and safety of water used by the public.

(g) Water Resources Management Plan. All Municipal Mayors, concerned national government

agencies, local water districts, and private sector shall formulate water management plan subject

to the concurrence of the majority members of the Sangguniang Panlalawigan and approval of

the Governor.

(h) Watershed and Water Bodies. Buffer zones and riverbank easements shall be established to

protect the watersheds and water bodies from any human settlement and activities that may

directly or indirectly degrade or destruct the same.

Section 66. Prohibited and Punishable Acts – The Sangguniang Panlalawigan, in

consultation with the various Municipality/City Sanggunians of Eastern Samar and the

DENR, shall within one (1) year upon effectivity of this code, enact a unified ordinance for

the purpose of defining the penalties and/or sanctions for acts in violation of the provisions of

this Code, such as, but not limited, to the following:

a.) No person shall operate, maintain any collection system, sewage disposal system,

treatment facility or wastewater treatment facility unless the same is provided with adequate

and effective treatment and covered by a current and valid permit issued by the Governor or

the Municipal/City Mayor.

b.) No industrial or domestic sewage shall be discharged into Class AA and Class SA

water, as defined under DENR Administrative Order No.34 Series of 1990.

c.) In order to avoid deterioration of the quality of a receiving water body (RWB), no

industrial plant with high waste load potential shall discharge dry weather conditions is

sufficient to maintain its prescribed water quality according to its usage and classification.

d.) No person shall discharge, wholly or partially, untreated or inadequately treated

industrial effluents directly into bodies of water or through the use of bypass canals and/or

pumps and other unauthorized means.

Section 67. Penal Provisions. Penalties under this section shall be in pursuance to the provisions

of Presidential Decree No. 1067. Pursuant to existing provisions of Presidential Decree No.

1067, please note the impositions of penalties as prescribed:

(a) The following acts shall be penalized by suspension or revocation of the violator’s water

permit or other right to the use of water and/or a fine of not exceeding One Thousand Pesos (P

1,000.00), in the discretion of the concerned authority:

(a.1) Appropriation of subterranean of any standard or ground water for domestic use by an

overlying landowner without registration as required by the authority.

(a.2) Non-observance of any standard of beneficial use of water.

(a.3) Failure of appropriator to keep a record of water withdrawal, when required.

(a.4) Failure to comply with any of the terms and conditions in a water permit or a water rights

grant.


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(a.5) Unauthorized use of water for a purpose other than that for which a right or permit was

granted.

(a.6) Construction or repair of any hydraulic work or structure without duly approved plans

and specifications, when required.

(a.7) Failure to install a regulating and measuring device for the control of the volume of water

appropriated, when required.

(a.8) Unauthorized sale, lease or transfer of water and/or water rights.

(a.9) Failure to provide adequate facilities to prevent or control diseases when required by the

Authority in the construction of any work for the storage, diversion, distribution and utilization

of water.

(a.10) Drilling of a well without permission of the concerned authority.

(a.11) Utilization of an existing well or ponding or spreading of water for recharging

subterranean or ground water supplies without permission of the concerned authority.

(a.12) Violation of non-compliance with any order, rules, or regulations.

(a.13) Illegal taking or diversion of water in an open canal, aqueduct or reservoir.

(a.14) Malicious destruction of hydraulic works or structure valued at not exceeding P5, 000.00

(b) A fine of not exceeding Three Thousand Pesos (P 3,000.00) or imprisonment for not more

than three (3) years, or both such fine and imprisonment , in the discretion of the Court, shall be

imposed upon any person who commits any of the following acts:

(b.1) Appropriation of water without water permit, unless such person is expressly exempted

from securing a permit by the provisions of Water Code of the Philippines (PD 1067).

(b.2) Unauthorized obstruction of an irrigation canal.

(b.3) Cultivation of a river bed, sand bar or tidal flat without a permit.

(b.4) Malicious destruction of hydraulic works or structure valued at not exceeding Twenty-

Five Thousand Pesos (P 25,000.00).

(c) A fine exceeding Three Thousand Pesos (P3,000.00) but not more than six Thousand

Pesos (P6,000.00) or imprisonment exceeding three (3) years but not more than six years, or

both such fine and imprisonment in the discretion of the court, shall be imposed on any person

who commits any of the following acts:

(c.1) Distribution for public consumption of water which adversely affects the health and

safety of the public.

(c.2) Excavation or enlargement of the opening of a hot spring without permission.

(c.3) Unauthorized obstruction of a river or waterway, or occupancy of a river bank or

seashore without a permission.

(c.4) Establishment of a cemetery or a waste disposal area near the source of water supply or

reservoir for domestic municipal use without permission.


41

(c.5) Constructing, without prior permission of the government agency concerned, works that

produce dangerous or noxious substances, or performing acts that result in the introduction of

sewage , industrial waste, or any substance that pollutes a source of water quality.

(c.6) Dumping mine tailings and sediments into rivers of waterways without permission.

(c.7) Malicious destruction of hydraulic works or structure valued more than Twenty thousand

Pesos (P25, 000.00) but not exceeding One Hundred Thousands Pesos (P100, 000.00).

(d) A fine exceeding Six Thousand Pesos ( P 6,000.00) but not more than Ten Thousand

Pesos ( P10,000.00) or imprisonment exceeding six (6) years but not more than twelve (12)

years, or both such fine and imprisonment , in the discretion of the Court, shall be imposed upon

any person who commits any of the following acts:

(d.1) Misrepresentation of citizenship in order to qualify for water permit.

(d.2) Malicious destruction of a hydraulic works or structure, valued at more than One

Thousand Pesos (P100, 000.00)

(e) If the offense is committed by a corporation , trust , firm, partnership , association or any

other judicial person, the penalty shall be imposed upon the President, General Manager, and

other guilty officer or officers of such corporation, trust, firm, partnership , association or entity ,

without prejudice to the filing of a civil action against said juridical person. If the offender is an

alien, he shall be deported after serving his sentence, without further proceedings.

After final judgment of conviction, the Court upon petition of the prosecution attorney in the

same proceedings, and after due hearing, may, when the public interest so requires, order

suspension of dissolution of such corporation, trust, firm, partnership, association or juridical

person.

(f) All actions for offenses punishable under Article 91 of PD 1067 shall be brought before

the proper court.

(g) Actions for offenses punishable as provided under the Penal Provisions by a fine of not

more than Three Thousand Pesos ( P3,000.00) or by an imprisonment of not more than three (3)

years, or both such fine and imprisonment , shall prescribe in five (5) years; those punishable by

such fine exceeding Three Thousand Pesos ( P 3,000.00) but not more than six (6) years, or

both such fine and imprisonment , shall prescribe in seven (7) years; and those punishable by a

fine exceeding Six Thousand Pesos ( P6,000.00) but not more than Ten Thousand Pesos (

P10,000.00) or an imprisonment exceeding six ( 6) years but not more than twelve (12) years ,

or both such fine and imprisonment , shall prescribe in Ten (10) years.

ARTICLE VI

INTEGRATED WASTE MANAGEMENT

Section 69. Operative Principles – The provincial government recognizes that the steadily

increasing level of economic activities and population growth in the urban and rural areas leads

to an increase in the volume of wastes and adversely impacts on the health of our population and

Eastern Samar’s fragile ecosystems. Pursuant to Section 3 (1), Republic Act 7160 and in

consideration of ecotourism and agro-industrialization as our key development strategy, it is

therefore our declared policy to encourage & support integrated waste management (IWM)

programs of city and municipal governments and Barangay councils.


42

Section 70. Integrated Waste Management – As guide for interventions, the provincial

government hereby adopts IWM system as recommended by the Presidential Task Force for

Waste Management (c.f. Memorandum – Circular dated November 30, 1987). Accordingly, the

system shall be composed of the following functional elements.

a) Waste Generation – Includes activities that lead to the identification and understanding of the

sources, amounts, nature, type and characteristics of waste generated. This component covers the

reduction, reuse, and recycling (3R’s) of wastes at source.

b) Handling and On-site Storage – handling of waste after generation includes sorting,

shredding, composting, bailing and compaction and placement of waste materials into their

corresponding storage containers and the movement of these stored wastes to the collection

points.

c) Collection, Transfer and Transport – this involves gathering of wastes and hauling them to

transfer stations or to final disposal sites.

d) Processing and Recovery – Includes size reductions, magnetic separation, density separation

using air classified and other processes and operations designed to recover and produce usable

materials like composer or energy such as electricity.

e) Disposal – This is the final step of the IWM system. The most common and widely accepted

final disposal is the use of the sanitary landfill.

Section 71. Role of the Province – The provincial government shall promote the practice of

waste segregation and waste minimization of source. Specifically, it shall perform the following

functions:

a) Assist city/municipal governments in the preparation of a multi-year IWM program,

including information, education and communication materials, and encourage city/ municipal

governments to provide incentives for business establishments producing organic compost

fertilizers out of their solid wastes.

b) Facilitate establishment of supportive linkages between local government units and other

government and private sector organizations.

c) Assist local governments who may decide to group themselves consolidated or coordinate

their efforts services, and resources for the purpose of establishing a common IWM system or

facilities.

d) In coordination with the Presidential Task Force for Waste Management, DENR, NGO’s and

the League of Municipalities, the Philippine Councilors’ League, and the National Movement of

Young Legislators, facilitate the establishment of a model municipal unit that demonstrates an

effective and efficient IWM system.

e) Train provincial personnel to provide technical assistance services, particularly in IWM and

EIA (Environmental Impact Assessment) to local governments.

f) Install an operational monitoring system to ensure sustainability of IWM programs.

g) Without requiring the financial and personnel requirements under the Investment Code of the

Province of Eastern Samar, provide the incentives under the said Investment Code for (1)

business entries producing organic compost fertilizers; and (2) business firms investing wholly in

the establishment of Sanitary Landfills as required by existing national laws.

Section 72. Waste Management Bodies. – The Governor shall establish an IWM Section

under the Office of the Governor. The unit shall be composed of IWM specialists whose

primary task is to extend technical assistance services to Borongan City and the

municipalities, particularly in diverging approaches to enhance their waste management

capability.

a.) Municipal IWM Units – If necessary, the municipalities shall organize their waste

management’s units. Where funding poses a major constraint, existing departments such as

the General Services Offices, Municipal Health Office or the Municipal Planning and

Development Coordinating Office may be designated to perform IWM responsibilities on a

concurrent capacity. Otherwise, the municipality shall form a multi-sectoral Municipal Action


43

Team for the Waste Management that will be headed by a permanent staff from any of the

above stated municipal offices. The IWM unit or Action Team shall be under the direct

supervision of the Office of the Mayor.

b.) Access – The Governor and Mayor, or their duly authorized representatives shall have

access to observe and inspect waste treatment and in-plant waste control facilities and to

collect samples for analysis.

Section 73. Waste Segregation at Source. All residents of the province shall practice waste

segregation at source from residential, commercial, industrial, government entities, adopt the

ecological solid waste management procedures and implement zero waste management approach

through total waste recycling methodologies consistent with the provisions of PD 856 and

applicable laws. Every individual shall practice reduce, reuse and recycle of waste generated at

source as a personal habit in reducing waste.

Section 74. Sorting and Storage. There shall be a separate container for each type of sorted

waste in all establishments and dwelling units for biodegradable, non-biodegradable, infectious

waste, chemical waste, and radioactive and sharp objects wastes, with the corresponding mark in

print or applied color coding for each type of waste storage for proper identity of same or any

other manner of classification desired by each municipalities.

Section 75. Collection and Transport and Recycling.

(a) Every family/household shall be required to bring their non-biodegradable waste to the

nearest garbage collection point designated by the Barangay solid waste management committee.

(b) The Barangay shall collect and transport accumulated waste to the nearest material recover

facility (MRF) for recycling, composting, storage of recyclable materials according to its kind

and for marketing purposes. The residual waste as described as non-recyclable materials and

specials waste thereof shall be disposed finally to the dump site by the municipality through the

MENRO as its rule specified in Section 10 of RA 9003.

Any interested individual or groups shall be encouraged to engage in the business of waste

recycling and other entrepreneurial activities in accordance with the waste recycling program of

the government. The Provincial Government through its PENRO –LGU shall provide list of

market buyers for recyclable materials to all municipalities and barangays of the locality.

(c) In the case of Eastern Samar Marsh and other wetland areas, every family/.household shall be

required to collect the non-biodegradable waste and dispose the same to the designated dumping

sites. All water transport vehicles and store owners shall provide waste container as a

requirement to operate business in the area.

(d)

Section 76. Compost Pit Establishment. Every household shall establish back yard compost pit

where the kitchen wastes, garden waste, animal wastes and all other biodegradable wastes shall

be disposed of, that shall follow the rules of composting and type of composers applied.

Section 77. Prohibition against the Use of Open Dumps and Controlled Dump Facilities for

Solid Waste Disposal. The provincial government in line with the national policy on solid waste

management shall strictly observed the no open dump policy neither controlled dump which

shall be established and operated, nor any practice of such disposal system of solid waste by any

person, including public and private institutions.

After the affectivity of this code, the provincial government shall strictly enforce the forgoing

policy that five (5) years after the promulgation and affectivity of the RA 9003, the provincial

government and all municipalities concerned shall closed/phased out its open dumps and


44

controlled dumps, in accordance with the guidelines set in Sec. 41 of RA 9003: Henceforth, safe

closure and rehabilitation plan shall be prepared by each municipalities to ensure proper

environmental protection measures and safeguards in place, consistent to section 37 of the Act.

Section 78. Sanitary Landfill Establishment. The provincial government and all municipalities

of Eastern Samar shall establish a sanitary landfill following the minimum criteria in sitting up a

sanitary landfill described in its establishment & operation as Section 40, 41 & 42 of the Act (RA

9003).

Section 79. Clustering of Sanitary Landfill for Common Solid Waste Treatment and

Disposal Facilities. For the purpose of encouraging and facilitating the development of local

government plans for solid waste management which have the common solid waste management

problem as provided in Sec. 44 of the Act, the provincial government shall identify feasible areas

for appropriate clustered solid waste management services based on the following

considerations:

a) Size and location of municipality should be included

b) Volume of solid waste which would be generated

c) Means of coordinating local government planning between provincial government and

among the clustered LGU on plan integration

d) Possible life span of the disposal facilities.

e) ECC compliance pursuant to RA 1586 mandate

Pursuant to this code consistent to Section 33 of RA 7160 otherwise known as the Local

Government Code of 1991, the provincial government, municipalities and barangays shall

coordinate efforts, service and resources for the purpose of jointly addressing the establishment

of common waste disposal facilities.

Section 80. Solid Waste Ordinance. All municipalities shall be required to enact solid waste

ordinance to ensure proper implementation of RA 9003.

Section 81. Hazardous and Toxic Waste. Discarded household hazardous wastes such as

paints, thinners, household batteries, used oil, tires, worn out appliances like stoves, refrigerators,

washing machines and dryers shall be handled separately during the transport and shall be kept at

buy back station for future recycling purposes prior to final disposal at the landfill site. Proper

waste coding must be enforced on this matter and a septic vault shall be constructed at the

landfill site intended for hospital waste, sharp metal waste, pathological waste, toxic and

hazardous waste. Hazardous and toxic wastes generated from residential areas, Hospitals,

Commercial establishments, factories, subject for disposal to a government owned sanitary

landfill site shall strictly observe the Solid Waste Management disposal regulations, set forth by

the Provincial Government.

Section 82. Burial Grounds. As provided by law, a public cemetery shall be established which

shall serve as permanent disposal site for the dead person subject to specified ground

requirements. A certification from a Sanitary Engineer of the Department of Health, PENRO-

LGU and DENR-EMB to justify its land suitability including the assessment report from a

Geologist of Mines and Geo-sciences .Bureau shall be secured.

Section 83. Solid Waste Management Plan. To ensure the efficient management of solid waste,

the Province and the Municipalities shall prepare its respective ten (10) year solid waste


45

management plan. Components of the SWM plan shall be strictly followed as enumerated in

Section 17 of RA No. 9003.

Section 84. Ecological Waste Management Team. The Provincial, Municipal and Barangay

governments shall create Ecological Waste Management Team to spearhead the implementation

of Ecological Waste Management Programs and Projects pursuant to RA 9003 and PD 856 law.

Section 85. Prohibited Acts – The Sangguniang Panlalawigan in consultation with the various

municipality/city Sanggunians of Eastern Samar and the DENR, shall within one (1) year upon

effectivity of this Code, enact a unified ordinance for the purpose of defining the penalties and/or

sanctions for acts in violation of the provisions of this Code, such as but not limited to, the

following:

a) The disposal of non-biodegradable debris, dredge materials if such are contaminated with

industrial wastes, as well as the disposal of plastics and litter in beaches and the sea itself is

prohibited. Dumping of plastics debris such as discarded fishing nets and lines, packaging bands,

straps, synthetic ropes, plastic bags, bottles, sheets, other containers and even medical equipment

shall likewise be prohibited for it will not only reduce amenity of the marine environment but

also poses threat to the safety or many marine mammals and birds that are prone to ingest such

debris.

b) Pursuant to existing laws, construction of local dump sites or industrial settlement pits and

waste treatment plants less than one (1) kilometer away from the sea and/or rivers shall be

banned and therefore prohibited.

c) No person shall dump or dispose waste into the sea and any body of water, including

shoreline and river banks, where wastes are likely to be washed into the water, that dumping of

waste and other materials into the sea or any navigable water shall be permitted in case only of

immediate or imminent danger to life and property, subject to existing national laws and

regulations.

Section 86. Fines and Penalties. The Provincial government shall uphold the imposition of

penalties prescribed under the provisions of R.A 9003.

a) Any person who litters, throws, dumps waste matters in public places, such as roads,

sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same, upon

conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more

than One thousand pesos (P1,000.00) or render community service for not less than one (1) day

to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

b) Any person who undertakes activities or operates, collects or transports equipment in

violation of sanitation operation and other requirements or permits set forth in established

pursuant and conducts open burning of solid waste shall, upon conviction be punished with a

fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos

(P1,000.00) or imprisonment of not less than one (1) day but not more than fifteen (15) days, or

both;

c) Any person who causes or permits the collection of non-segregated or unsorted wastes;

squatting in open dumps and landfills; open dumping, burying of biodegradable or non-

biodegradable materials in flood prone areas; and unauthorized removal of recyclable material

intended for collection by authorized persons shall, upon conviction, be punished with a fine of

not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos

(P3,000.00) or imprisonment of not less than fifteen (15) day but not more than six (6) months,

or both;

d) Any person who mixes of source-separated recyclable material with other solid waste in any

vehicle, box, container or receptacle used in solid waste collection or disposal; establishes or

operates of open dumps shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,

000.00) plus an amount not less than five percent (5%) but not more than ten percent (10%) of

his net annual income during the previous year.


46

i. The additional penalty of imprisonment of a minimum period of one (1) year but not to

exceed three (3) years at the discretion of the court shall be imposed for second or subsequent

violations of provisions of the said prohibited acts.

e) Any person who imports toxic wastes misrepresented as “recyclable” or “with recyclable

content” and transports and dumplogs in bulk of collected domestic, industrial, commercial, and

institutional wastes in areas other than centers or facilities prescribe under RA 9003 shall, upon

conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more

than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30)

days but not more than three (3) years, or both;

f) Any person who conducts site preparation, construction, expansion or operation of waste

management facilities without an Environmental Compliance Certificate required pursuant to

Presidential Decree No. 1586 and RA 9003 and not conforming with the land use plan of the

LGU; constructs any establishment within two hundred (200) meters from open dumps or

controlled dumps, or sanitary landfill; and constructs or operates of landfills or any waste

disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions

thereof shall, upon conviction, be punished with a fine not less than One hundred thousand pesos

(P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less

than one (1) year but not more than six (6) years, or both.

i. If the offense is committed by a corporation, partnership, or other juridical identity duly

recognized in accordance with the law, the chief executive officer, president, general manager,

managing partner or such other officer-in-charge shall be liable for the commission of the

offense penalized under RA 9003 and this code.

ii. If the offender is an alien, he shall, after service of the sentence prescribed above, be

deported without further administrative proceedings.

iii. The fines herein prescribed shall be increased by at least ten (10%) percent every three years

to compensate for inflation and to maintain the deterrent functions of such fines.

Section 87. Administrative Sanctions. Local government officials and officials of government

agencies concerned who fail to comply with and enforce rules and regulations promulgated

relative to RA 9003 and this Article shall be charged administratively in accordance with R. A.

7160 and other existing laws, rules and regulations

ARTICLE VII

COASTAL RESOURCES

Section 88. Operative Principles – The provincial government recognizes that our

waters, which contain valuable productive habitats where in majority of the great people of

Eastern Samar are directly/indirectly dependent for livelihood and nutrition, is presently under

“de facto” open access conditions which threaten the food security, long term livelihood, use and

enjoyment of our fishing population, in particular, and the people of Eastern Samar, in general.

The provincial government also hereby affirms the

Provisions of Article XIII, section 2 of the Philippine Constitution, which provides that the

State, through the Component coastal Municipalities shall protect the rights of the subsistence

fishermen, especially of local communities, to the preferential use of communal marine

wealth AND ECLUSIVE ECONOMIC zone, and reserve its use and enjoyment exclusively to

Filipino citizens.

Through this Code, it is hereby declared as a policy of the provincial government to strongly

and irrevocably support the government and the communities of coastal municipalities and the

cities in the full exercise of their powers duties and responsibilities towards proper


47

management of our municipal or city waters. It is also hereby declared our policy that ,

considering the trans-boundary character of the issues and the problems confronting our

municipal and city waters, the provincial government shall exercise its full powers through

the provisions of active leadership, technical assistance, conductive policy, and effective law

enforcement for the conservation of our freshwater, brackish and marine resources.

Section 89. (a) Delineation of Municipal Waterways-within two (2) years upon effectivity of

this code, the Governor shall adopt all measures to encourage the City/Municipal Mayors,

coastal inhabitants, and concerned national government agencies to complete the delineation,

establishment, management and maintenance and protection of their municipal waters pursuant

to Section 131(r), RA 7160. It shall be incumbent upon the concerned Municipality/City

Mayors, as the case may be , to measure, delineation, demarcate, zonify, and produce maps of

their respective territorial boundaries, employing in the process a certified engineer, provided

that the delineation of municipal territorial waters shall be undertaken by contiguous

municipalities to avoid future controversies in boundary lines, provided further, further that the

amicable settlement of boundary disputes between municipal waters shall be governed by

Section 118 and 119, RA 7160, provided finally, that after two (2) years upon effectivity of this

Code, no fishery privileges shall be issued, pursuant to Section 149, RA 7160, until the

measurement, delineation, demarcation, zonification and mapping of municipal waters has been

fully completed. The Governor is hereby authorized to issue the appropriate implementing rules

and regulations, circulars directives and memoranda including sanctions for the purposes of

implementing the provisions of this Section.

(b) Provincial Coastal Resources Management Framework-in consideration of the trans-

boundary character of the issues, challenges and problems, confronting our city/ municipality

waters and pursuant to the general welfare clause of RA 7160, the Governor shall establish a

Provincial Coastal Resources Management Framework (CRMF) to serve as guide for coastal

municipalities in undertaking among others, the delineation, establishment, ,management, and

maintenance and protection , of their municipal waters within six (6) months upon effectivity of

this Code..

In the minimum, the CRMF shall include working guides for conducting the following:

Delineation of boundaries of municipal waters;

Preparation of zoning and management plans covering municipal waters;

Strengthening the Fishfolk organization;

Organizational and Institutional mechanisms;

Procedures for dealing with pollution (from liquid and solid waste) of municipal waters;

Regulations governing recreational, educational and scientific use of the municipal waters;

Investments promotion, revenue generation and livelihood enhancement;

Procedures for dealing with abandoned, unproductive and illegal fishponds

Rehabilitation of mangroves;

Development of alternative livelihood;

Formulation, promulgation, and enforcement of fishing laws, rules and regulations

Reclamation infrastructures.

Section 90. Conservation of Biological Diversity and Preservation of Heritage Items-

Biological diversity and heritage items shall not be jeopardized in the utilization,

development, and management of our waters. Unique marine features and productive habitats

such as but not limited to, sea grass beds and coral reefs, shall not be destroyed.

Section 91. Community Participation and Integration of National Government Agencies-

management of our coastal resources and municipal waters shall be undertaken by

communities in close collaboration with their municipal government and barangay councils,

national government agencies and instrumentalities, people’s organizations, non-government

organizations and the private sector in general in order to engage their active cooperation. In

particular the Governor shall adopt adequate measures to directly engage the Philippine Coast


48

Guard (PCG) of the Department of national Defense pursuant to RA 5173 and Presidential

Decree 601 (PCG Act of 1957 and tasking the PCG in marine environmental protection

respectively). Maritime Command (MARICOM) of the Philippines National Police pursuant

to Section 24, RA 6975 (Local Government Act of 1990, creating the PNP under the DILG,

Marine Industry Authority (MARINA) and the Philippines Ports Authority of the Department

of Transportation and Communication pursuant to Executive Order 125, the Bureau of

Aquatic and Marine Resources (BFAR), Department of Science and Technology, Department

of Education, Culture and Sports, Department of Public Works and Highways, and the DENR

in the implementation of CRM laws, programs and/or projects in the province.

Section 92. Coastal Zoning and Management Guidelines- In addition to CRMF cited in

Section 44(b) of this Code, the Governor shall formulate coastal zoning and management

planning guidelines which will serve as basis in formulating municipal; coastal zoning and

management plans. The plan shall be based on co-management approach where the municipal

government shall work with resources users and build upon existing laws, particularly in the

institutionalization of the Fisheries and Aquatic Resource Management Councils (FARMC)

pursuant to Presidential Executive Order No.240, series of 1995.

a) Zoning-the zoning component of the plan shall classify municipal waters according to four

(4) strict protection zones, namely Seaward zone, Middle zone, Landward zone and Riverine

fringe. The zoning plan shall achieve the following purposes:

1.0 Provide basis for the provision of tenure to qualified coastal zone residents as a, means

to prevent incident of squatting and /or unplanned settlements.

2.0 Allocate, delineate and set aside appropriate area for industries to secure the

environmental requirements for the growth and development of coastal communities such as

but, not limited to the identification of areas for settlements, agriculture, institutions,

infrastructure, commerce, recreation, tourism, national reservation and sanctuaries and areas

of cultural and historical significance.

3.0 Delineate areas as sanctuaries, no fishing zone, fishing gear restriction zones and critical

breeding and feeding areas of ecologically and economically important organisms

4.0 Delineate natural areas for the exclusive use of the specific user groups such as , but not

limited to, areas for recreation, tourism, research and education

5.0 Delineate mangrove areas to be covered under stewardship agreements and other

applicable tenurial instruments

6.0 Delineate areas where construction is prohibited pursuant to Presidential Decree

No.1067 and DENR Administrative Order No.05, series of 1997

b) Management planning-the management component of the plan shall compliment the

zoning plan. To be holistic, the management plan shall incorporate the following strategies:

1.0 assessment of the type, status, quality and quantity of coastal resources

2.0 Develop a Community-Based Coastal Resource Management (CBCRM) appropriate for

each municipality and provide active and continuing support to CBCRM activity at the

barangay and household levels.

3.0 Develop clear resource protection strategies and active law enforcement activities as

provided for in RA 8550 and other existing policies

4.0 Create territorial use rights in fisheries and develop these to the organized resource users

for management.

5.0 Develop sources of alternative and /or supplemented livelihood particularly micro-

enterprise development while technical and financial support is obtained for plan

implementation.


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6.0 Conduct information, education campaign to build awareness on CBCRM related issues,

government regulations on coastal resources and inculcate environmentally-sound resource-

extraction practices among coastal communities.

7.0 Development a research framework and installation of a municipal data base for coastal

resources;

8.0 Develop community –based ecotourism enterprises and biodiversity conservation

measures acceptable to the local communities.

9.0 Undertake community organizing and social preparation measures in implementing

CBCRM activities

10.0 Provide guidelines and procedures in identifying resource ‘hot spots’ and areas with

unique characteristics, unspoilt natural state resources, or requiring immediate protection to

maintain its economic , cultural, historical, social and ecological importance.

11.0 Provide a workable institutional arrangement to rationalize the authorities and activities

of various government and non-government organizations involved in coastal management.

The provincial government shall coordinate with the Department of Education and the

Technical Education and Skill development Authority, and other appropriate institutions to

undertake skills inventory of coastal barangay and implement a province-wide-non-formal

education (NFE) and skills training program among the deserving numbers of the fishing

households to increase their employment potential in non-fishing but gainful occupations.

Section 93. Environmental Impact Assessment-The coastal zoning and management plans

shall be subject to an Environment Impact Assessment (EIA). The Sangguniang Panlalawigan

without an EIA shall not authorize appropriation of public funds for the purpose of any

project that may be undertaken for exploration and a representation of the Coastal Resources

of the Province.

Section 94. Provision of Tenurial Security and Management Rights-All zones within

municipal waters or portion thereof shall be covered by applicable tenurial and /or

management rights and the issue thereof shall be in accordance with law.

Pursuant to Article XIII, Section 2 of the Philippines constitution, the state through the

component coastal cities and municipalities shall protect the rights of the subsistence

fishermen, especially of local communities, to the preferential use of communal marine and

fishing resources, both inland and offshore. It shall also protect its marine wealth and

exclusive economic zone and serve its use and enjoyment exclusively to Filipino Citizens.

Commercial fishing in municipal waters shall be governed by Section 18 of RA 8550.

Section 95. Promotion of Conducive Policy and Complimentary Province-Wide Fishery Ordinance- The Governor with the assistance of the SP Committee on Environmental

Protection and Energy, shall assist local governments in reviewing and systematizing their

ordinances pertaining the coastal zone to identify the ordinances needed, reconcile conflicting

provisions of the existing ordinances and attain rational complementation of ordinances

among municipalities/cities and between the provincial and municipal /city ordinances

provided, that the Governor shall initiate measures towards the promulgation of a

complimentary province-wide fishery ordinance in consideration of the fugitive nature of

marine resources and the trans-boundary character of the issues and problems in coastal

resource management.

Section 96. Public Beaches- The local Chief Executive of coastal municipalities/cities shall

conduct an inventory of beach areas and, in coordination with DENR, set aside these for

public purposes.


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Section 97. Gathering, Extraction, and /or Removal of Beach Sand and Corals-The

gathering, extraction, and/or removal of beach resources, pebbles, sand and gravel, and

boulders for will be associated with production of increased amount of air and noise

pollutants thereby inevitably threatening the health and well-being of the people of Eastern

Samar, particularly from the increased utilization of fossil fuels by automotive vehicles and

industries. Pursuant to Section 17, RA 7160, the Provincial Government reaffirms its

authority to enforce pollution laws and take over the testing and apprehension of smoke

belching vehicles and abatement of noise and nuisance in accordance with law.

Section 98. Coastal Resource Management Fund-The provincial government shall allocate

funds every year from its Internal Revenue Allocation to support multi-year coastal

management activities, provided that such investments are in accordance with the duly

validated and approved provincial /municipality coastal resource management plans and

programs as described in Section 44(b) and 47 of this Code.

Section 99. Municipal Fisheries

(a) Jurisdiction of Municipal Governments- The municipal government shall have the

jurisdiction over municipal waters as defined in this Code. The municipal government, in

consultation with Fisheries and Aquatic Resources Management Council (FARMC) shall be

responsible for the management, conservation, development, protection, utilization, and

disposition of all fish and fishery/ aquatic resources within their respective municipal waters.

The municipal government may in consultation with the FARMC, enact appropriate ordinances

for this purpose. The ordinances enacted by the municipality shall be reviewed by the

Sanggunian of the province pursuant to Section 56 of Republic Act No. 7160.

The LGU shall enforce all fishery laws, rules and regulations as well as valid fishery ordinances

enacted by the municipal council.

(b) Grant of Fishing Privileges in Municipal Waters- The duly registered fisherfolk

organizations and cooperatives shall have preference in the grant of fishery rights by the

Municipal Council pursuant to Section 149 of the local Government Code.

(c) Users of Municipal Waters- All fishery related activities in municipal waters, as defined in

this Code, shall be participated by municipal fisherfolks and their cooperatives/organizations

who have listed as such in the registry of municipal fisherfolks.

(d) Registry of Municipal Fisherfolk – The Municipal Government shall maintain a

registry of municipal fisherfolk, who are fishing or may desire to fish within the municipal

waters for the purpose of determining area priorities or limiting entry into the municipal waters,

monitoring fishing activities and other related purposes. Provided, that the FARMC shall submit

report to the concern Municipal Mayor the list of priorities together with the plans and programs

for its consideration.

Said LGU’s shall also maintain a registry of municipal fishing vessels by type of gear and other

boat particulars with the assistance of the FARMC.

(e) Priority of Resident Municipal Fisherfolk- Resident municipal fisherfolk of the

municipality concerned and their organizations/cooperatives shall have priority to exploit

municipal fishery areas of the said municipality.


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(f) Demarcated Fishery Right. The Municipal Government concerned shall grant

demarcated fishery rights to fishery organizations/cooperatives for aquaculture operation in

specific areas identified by the Department of Agriculture.

(g) Limited Entry Into Overfished Areas. Whenever it is determined by the LGUs and the

Department of Agriculture that a municipal water is over fished based on available data or

information or in danger of being over fished, and that there is a need to regenerate the fishery

resources in that area, the Municipal Government shall prohibit or limit fishery activities in the

said waters.

(h) Support to Municipal Fisher Folk. The Provincial Government in coordination

with the Department of Agriculture shall provide support to municipal fisher folk through

appropriate technology and research, production and marketing assistance and other services

such as, but not limited to training for additional/ supplementary livelihood.

Section 100. Promotion of Conducive Policy and Complementary Province Wide Fishery Ordinance. The Municipal government shall formulate Municipal Fishery Ordinance pertaining

to fishery conservation, protection and management consistent with the provisions of this code

and other applicable ordinance of the province.

Section 101. Fund Support to Matarinao Bay Management Council (MBMC). Pursuant to

RA 8550, the Provincial Government shall adopt all measures for the purpose of organizing

province wide federation of municipal Fisheries and Aquatic Resource Management Councils

(FARMCs) such as MBMC to assume the responsibility of coordinating the enforcement of

fishery laws, rules and regulations; Provided further, that the provincial government shall include

in the annual investment plan specific budget provisions for the implementation of the FARMC

activities.

Section 102. Aquaculture

(a) License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structure for the Culture of Fish and Other Fishery Products – Fish pens, fish cages, fish traps and other

structures for the culture of fish and other fishery products shall be constructed and shall operate

only within established zones duly designated by the Municipal Government in consultation with

the FARMCs concerned, consistent with the national fishery policies and after the corresponding

licenses required have been secured. The area to be utilized for this purpose for individual person

shall be determined by the Municipal Government in consultation with the concerned FARMC:

Provided however, that not more than ten percent (10%) of the suitable water surface of all lakes

and rivers shall be allotted for aquaculture purposes like fish pens, fish caged and fish traps; and

the stocking density and feeding requirements which shall be controlled and determined by its

carrying capacity.

(b) Grant of privileges for Operations of Fish Pens, Cages, Traps and Similar Structures - No new concessions, licenses, permits , leases and similar privileges for the

establishment or operation of fish pens, fish cages, fish traps and other similar structures in

municipal areas shall be granted except to the duly registered municipal fisher folk and their

organization.

(c) Non – Obstruction to Navigation - Nothing in the foregoing sections shall be construed

as permitting the lessee, licensee, or permittee to undertake any construction which shall obstruct

the free navigation in any stream, river, or lake flowing through or adjoining the fish pens, fish

cages, fish traps and fishponds. Any construction made in violation hereof shall be removed

upon the order of the Municipal Mayor in coordination with other government agencies

concerned at the expense of the lessee, licensee, or occupants thereof, whenever applicable. The


52

Municipal Government shall within thirty (30) days after the effectivity of this Code formulate

and implement rules and regulations for the immediate dismantling of existing obstruction to

navigation.

(d) Non-Obstruction to Defined Migration Paths –Nothing in the foregoing sections shall

be construed as permitting the lessee, permittee, or licensee to undertake any construction which

shall obstruct any defined migration path of migratory fish species such as river mouths and

estuaries within a distance determined by the concerned Municipal Government in consultation

with and upon the recommendation of the FARMC.

(e) Registration of Fish Hatcheries and Private Fishponds, etc. – All fish hatcheries, fish

breeding facilities and private fishponds must be registered with the Municipal Government

which shall prescribe minimum standards for such facilities in consultation with the Department

of Agriculture: Provided that all fishpond, fish pen and fish cage operators shall annually report

to the Municipal Mayor the type of species and volume of production in areas devoted to

aquaculture.

Section 103. Post Harvest Facilities, Activities and Trades

(a) Establishment of Post – Harvest Facilities for Fishing Communities – The Municipal

Government shall coordinate with the private sector and other concerned agencies and FARMC

in the establishment of post-harvest facilities for fishing communities such as, but not limited to,

municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing

establishment to serve primarily the needs of municipal fisherfolk.

(b) Registration and Licensing of all Post-Harvest Facilities- All post-harvest facilities

such as fish processing plants , and cold storages, fish ports/fish landings and other fishery

business establishments must register with and be licensed by the Municipal Government which

shall prescribe minimum standards for facilities in consultation with the Department of

Agriculture.

Section 104. Fishery Reserves, Refuge and Sanctuaries

(a) Fishing Areas Reserves for Exclusive Use of Government - The concerned Municipal

Government in consultation with the FARMC may recommend to the Department of Agriculture

what portion of the municipal waters is declared as fishery reserves for special or limited use, for

educational, research, and/ or special management purposes.

(b) Fish Refuge and Sanctuaries- The concerned Mayor in consultation with the FARMC and

in coordination with the DENR shall establish fishery refuge and sanctuaries. Provided; that at

least fifteen percent (15%) of the total area in each municipality shall be identified, based on the

best available scientific data and in consultation with the Department, and automatically

designated as fish sanctuaries by the Municipal Government in consultation with the concerned

FARMCs.

Section 105. Prohibition and Penalties. Penalties under this Article shall be in accordance with

the provision of “The Philippine Fishery Code”.

(a) Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities – No

person shall exploit, occupy, produce, breed, culture, capture, or gather fish, fry or fingerlings of

any fishery species or fishery products, or engage in any fishery activity in municipal waters

without a license, lease or permit.

Any person found to have in his possession fishing paraphernalia in an area where he has no

permit shall constitute a prima facie presumption that the person is engaged in unauthorized

fishing: Provided, that fishing for daily sustenance or for leisure which is not commercial,

occupation or livelihood purposes may be allowed as maybe determined by the Municipal

Government concerned.


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It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in

any commercial fishing activity in municipal waters. Any municipal fisherfolk who commits

such violation shall be punished by confiscation of catch and a fine of five hundred pesos (P

500).

(b) Fishing through Explosives, Noxious or Poisonous Substance and /or Electricity.

(b.1) It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or

gathered, fish or any fishery species in Municipal waters with the use of electricity, explosives,

noxious or poisonous substance such as sodium cyanide in the Municipal Fishery areas, which

will kill, stupefy, disable or render unconscious fish or fishery species: Provided, That the

Department of Agriculture, subject to such safeguards and conditions deemed necessary and

endorsement from the concerned Municipal Mayor, may allow, for research, educational or

scientific purposes only, the use of electricity , poisonous or noxious substance to catch, take or

gather fish or fishery species: provided, further, that the use of poisonous or noxious substance to

eradicate predators in fishponds in accordance with accepted scientific practices and without

causing adverse environmental impact in neighboring waters and grounds shall not be construed

as illegal fishing.

It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or any

matter dispose of, any fish or fishery species which have been illegally caught, taken or gathered.

The discovery of dynamite, other explosives and chemical compounds which contain

combustible elements, or noxious or poisonous substances or equipment or device for electro-

fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official

or fishworker shall constitute prima facie evidence, that the same was used for fishing in

violation of this Code. The discovery of any fishing vessel of fish caught or killed with the use of

explosive, noxious or poisonous substances or by electricity shall constitute prima facie evidence

that the fisherfolk operator is fishing with the use thereof.

(b.2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices

for illegal fishing shall be punishable by imprisonment ranging from six (6) months to two (2)

years.

(b.3) Actual use of explosives, noxious or poisonous substances or electrofishing devices for

illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years

without prejudice to the filling of separate criminal cases when the use of the same result to

physical injury or loss of human life.

(b.4) Dealing in, selling or in any manner disposing of, for profit, illegally caught/gathered

fisheries species shall be punished by imprisonment ranging from six (6) months to two (2)

years.

(b.5) In all cases enumerated above, the explosive, noxious or poisonous substances and/or

electrical devices as well as the fishing vessel, fishing equipment and catch shall be forfeited.

(c) Use of Fine Mesh Net – It shall be unlawful to engage in fishing using nets with mesh

smaller than three (3) centimeters when stretch: Provided, that the prohibition on the use of fine

mesh net shall not apply to such species which by nature are small but already mature to be

identified by the Municipal Government.

Violation of the above shall subject the offender to a fine from two thousand pesos (P2, 000.00)

to twenty thousand pesos (P 20,000.00) or imprisonment from six (6) months to two (2) years or

both, such fine and imprisonment at the discretion of the court: Provided, that the owner/operator

of the fishing vessel who violates this provision shall be subjected to the same penalties provided

herein.


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(d) Use of the Active Gear in the Municipal Waters and Other Fishery Management Areas – It shall be unlawful to engage in municipal waters as well other fishery management

areas using active fishing gears as defined in this Code.

Violators of the above prohibitions shall suffer the following penalties:

(d.1) The owner/operator of the vessel/operator of the vessel shall be fined from Two thousand

pesos (P2, 000.00) to Twenty thousand pesos (P20, 000.00) upon the discretion of the court.

(e) Fishing in the Overfished Area and During Closed Season. – It shall be unlawful to fish in

overfished area, and during closed season.

Violations of the provision of the section shall be punished by imprisonment of six (6) months

and one (1) year to six (6) years and/or fine of six (6) thousand pesos by forfeiture of the catch

and cancellation of fishing permit or license.

(f) Fishing in Fishery Reserves, Refuge and Sanctuaries. – It shall be unlawful to fish in

fishery areas declared as fishery reserves, refuge and sanctuaries.

Violation of the provision of this section shall be punished by imprisonment of two (2) years to

six (6) years and/or fine of Two thousand pesos (P2, 000.00) to Twenty thousand pesos (P20,

000.00) and by forfeiture of the catch and the cancellation of permit or license.

(g) Fishing, or Taking of Rare, Threatened or Endangered Species. It shall be unlawful to

fish or take rare, threatened or endangered species as listed in the CITES and as determined by

the Department.

Violation of the provision of this section shall be punished by imprisonment of twelve (12) years

to twenty (20) years and/or fine of One hundred and Twenty thousand pesos (P120, 000.00) and

forfeiture of the catch, and the cancellation of fishing permit.

(h) Aquatic Pollution. – Aquatic pollution as defined in this Code is unlawful. Violation of the

provision of this section shall be punished by imprisonment of six (6) years and one (1) day to

twelve (12) years and/or fined of Eighty thousand pesos (P80,000.00) plus and additional fine of

Eight thousand pesos per day until such violation ceases and fines paid.

(i) Other Violations. – The following fisheries activities shall also be considered as violation

of this Code.

(i.1) Obstruction to Navigation or Flow in any Streams, River or Lake. – It shall be

unlawful for any person who causes obstruction to navigation or flow of water.

(i.2) Construction and Operation of Fish Corrals, Traps, Fish Pens and Fish Cages. – It

shall be unlawful to construct and operate fish corrals, traps, fish pens and fish cages without a

license/permit.

Violation of the above-enumerated prohibited acts shall subject the offender to a fine ranging

from Two thousand pesos (P2, 000.00) to Ten thousand (P10, 000.00) or imprisonment from one

(1) month and one (1 day) to six months, or both such fine and imprisonment, upon the

discretion of the court.

(a) Fishing during spawning season shall be strictly regulated subject to the existing

guidelines of the Bureau of Fishery and Aquatic Resources (BFAR). The Municipal Government

through the Municipal Agriculture Office shall determine when shall be the spawning period of

such fish species within the given area.


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(b) Introduction of exotic fish species. Bringing of exotic fish within the province and into

the Municipality shall be strictly regulated and controlled subject to the existing guideline of the

Bureau of Fishery and Aquatic Resources (BFAR).

(c) Obstruction to Fishery Law Enforcement Officer. – The boat owner, or operator or any

person acting on his behalf who evades, obstructs or hinders any fishery law enforcement officer

of the Provincial and Municipal Government in the performance of his duty, shall be fined Ten

thousand pesos (P10,000.00). In addition, the registration, license or permit shall be cancelled.

Section 106. General Provisions

(a) Fishery Resource Protection and Conservation Fund – The Provincial Government

shall allocate sufficient funds for the implementation of fishery resource protection and

conservation programs and projects.

(b) Infrastructure Support. – The Provincial Government in coordination with the

concerned Municipalities and other national agencies shall:

(b.1) prioritize the construction of farm-to-market roads linking to production sites, landing

points and other post-harvest facilities to major market and arterial roads/highways;

(b.2) identify community infrastructure facilities in consultation with the fishery

cooperatives/associations and prepare plans and designs for their construction that would be

consistent with international environmental standards and occupational safety and environmental

impact;

(b.3) facilitate and represent to the appropriate funding institutions to finance such facilities for

the use of the fishery cooperatives/associations; and

(b.4) develop and strengthens marketing facilities and promotes cooperative marketing

systems.

(c) Persons and Deputies Authorized to enforce the provisions of this Article and Other Fishery Law, Rules and Regulations. – The Philippine National Police (PNP), law enforcement

officers of the LGUs and other government enforcement agencies, are hereby authorized to

enforce fishery laws, rules and regulations. Other competent government officials and

employees, Punong Barangays and officers and members of the fisherfolk associations who have

undergone training on law enforcement may be designated by the Municipal Mayor as deputy

fish wardens in the enforcement of the provisions of this Article and other fishery laws, rules and

regulations.

ARTICLE VIII

AIR POLLUTION MANGEMENT

Section 107: Operative Principles-The provincial government recognizes that, unless

appropriate proactive measures are in place, the agro-industrial development of the province

would be associated with the production of increased amount of air and noise pollutant thereby

inevitably threatening the health and well-being of the people of Eastern Samar particularly

from the increased utilization of fossil fuels by automotive vehicles and industries. Pursuant to

Section 17, RA 7160, the Provincial Government reaffirms its authority to enforce pollution laws

and take over the testing and apprehension of smoke belching vehicles and abatement of noise

and nuisance in accordance with law.


56

Section 108. Vehicle Emission Control-The Governor shall establish a permitting system to

ensure that the emission of vehicles and industries operating within the Province are in

accordance with standards provide under the Presidential Decree No. 1181 entitled “Providing

for the Prevention, Control and Abatement of Air Pollutions from Motor Vehicles and for other

Purposes” if necessary, the Governor shall allocate funds for the acquisition and maintenance of

emission testing equipment.

Section 109. Industrial Pollution Control-The Governor in close collaboration with the DENR

and the SP Committee on Environment Protection and Energy shall ensure that the industrial

firms operating within the province comply with the air quality standards, periodically test the

emission of industrial firms, and establish adequate capability to respond positively to related

citizen complaints on air and noise pollution.

Section 110. Ambient Air Quality and Noise Level Monitoring- When necessary, the

Governor in close collaboration with the DENR and the SP on Environmental Protection and

Energy, shall establish, operate and maintain noise and ambient air quality sampling and

monitoring stations, the result of which shall be released to the public particularly to

communities living near and around emission sources.

Section 111. Information and Education- The Governor shall implement a continuing program

of education and information dissemination on air and noise pollution as an integral part of the

pollution control policy of the provincial government.

Section 112. Industry Group- The Multi-sectoral Water Resources Advisory Board shall

organize industries for the purpose of sharing air pollution reduction and noise abatement

techniques, work as a group with the government and non-government organizations on

pollution and noise minimization and advice the governor on the policy requirements to promote

clean air in the province.

Section 113. Anti-Smoke Belching. The Provincial government through PENRO-LGU shall

launch a campaign against smoke belching in coordination with the DENR, DOTC, DTI and

TESDA. It shall conduct inspection and flagged down vehicles that are found emitting excessive

smoke while traveling public highways. Apprehension and impounding of vehicles are subject to

the existing procedure described in RA 8749.

The Provincial Government shall allocate funds for the establishment of a smoke emission

testing center as well as acquisition of emission testing equipments and maintenance for its

operation.

Section 114. Ban on Smoking. Smoking inside a public buildings, places and utilities or in any

enclosed area except in duly designated smoking area is hereby prohibited under this code

pursuant to the provision of the Clean Air Act of 1999. All LGUs shall conduct intensive

information dissemination on anti-smoking program.

Section 115. Ban on Incineration. Pursuant to RA 8749, otherwise known as The Philippine

Clean Air Act, Incineration within the Province is hereby banned.

Section 116. Acts Prohibited and Punishable under this Code-shall include but not limited to

the following:

Causing, permitting, suffering or allowing the emission of particular matter from any source,

whatsoever, including but not limited to vehicular movement, exportation of materials,

construction and alteration, demolition or wrecking or industry related activities as loading,


57

storing or handling without giving reasonable precaution to prevent the occurrence of such

conditions. Neither shall such person cause or permit the discharge of visible fugitive dust

emissions beyond the boundary line of the property from which the emission originates.

Storing , dumping, handling, processing, unloading or using in any process or installation,

volatile compounds or organic solvents without applying known vapor emission control devices

or systems deemed necessary and approved and ordered by the Governor and the appropriate

national government agency.

Operating plant or source at capacities that exceeds the limits of operation or capability of a

control device to maintain the air emission within the standard limitations as provided under

existing national laws, rules and regulations.

Building, erecting, installing or using any article, machine, equipment or other contrivance, the

use of which will conceal emission which would otherwise constitute a violation of any of the

provisions of this Code.

a) Any person to build, erect or install any chimney from or through which air impurities

may be emitted shall obtain a prior approval from the Governor. This requirement shall not apply

for chimney serving a private residence.

b) It shall be unlawful for any operator of a vehicle to allow it to discharge air pollutants at

levels greater than the acceptable concentration standard prescribed by the DENR.

c) Causing, allowing, and permitting discharge of air pollutants that cause or contribute to

an objectionable odor.

d) Building , erecting, constructing, installing, or implanting any new source, operate,

modify, or rebuild an existing source or any means cause or undertake any activity which would

result in ambient noise level higher than the ambient standards. Neither shall such person emit or

cause to emit or suffer to be emitted noise greater in volume intensity or quality than the levels

prescribed by the DENR for tolerable noise without first securing a clearance from the Governor.

e) Causing or permitting the creation of any unnecessary noise through the use of any

device on any street adjacent to any hospital, school, church, or courts of justice.

Section 117. Penal Provisions. Violations of the provisions of Air Pollution Control shall be

subject to the penalties as provided in RA 8749.

(a) Violation of Standards for Motor Vehicles- No motor vehicle shall be registered with the

DOTC unless it meets the emission standards set by the DENR as provided under the provision

of RA 8749.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not

limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission

testing center. For this purpose, the DOTC or its authorized testing center shall establish a

roadside inspection system. Should it be shown that there was no violation of emission

standards; the vehicle shall be immediately released. Otherwise, a testing result indicating an

exceedance of the emission standards would warrant the continuing custody of the impounded

vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the

DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to

make the necessary repairs so as to comply with the standards. A pass shall herein be issued by

the DOTC to authorize the use of the motor vehicle within a specified period that shall not

exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle.

The owner/operator of the vehicle shall be required to correct its defects and show proof of

compliance to the appropriate pollution control office before the vehicle can be allowed to be

driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on

pollution control management conducted by the DOTC and shall also suffer the following

penalties:

(a.1) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);


58

(a.2) Second Offense - a fine not less than Two Thousand Pesos (P2, 000.00) and not to exceed

Four Thousand Pesos (P4, 000.00); and

(a.3) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a

fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos

(P6,000.00).

Any violation of the provisions of Sec. 21, paragraph (d) of RA 8749 relative to national

inspection and maintenance program, including technicians and facility compliance shall be

penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of

license of both the technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions

testing and apprehensions shall undergo a mandatory training on emission standards and

regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine

National Police (PNP) and other concerned agencies and private entities shall design a training

program.

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Section 118. Operative Principle. This Article applies to all forms of nuisance as defined

under the Civil Code and other pertinent laws

Section 119. Types of Nuisances- For the purpose of this Article, the following shall be

considered nuisances:

(a) Public or private premises maintained and used in a manner injurious to health;

(b) Breeding places and harborages of vermin;

(c) Animals and their carcasses which are injurious to health;

(d) Accumulation of refuse;

(e) Noxious matter or waste water discharged improperly in streets;

(f) Animal stockades maintained in a manner injurious to health;

(g) Excessive noise; and

(h) Illegal shanties in public or private properties.

(i) Any manufacturing process in which lead, arsenic, mercury, phosphorous or other

poisonous substance is used (The use of such chemicals permissible in the practice of pharmacy

and in printing where readymade lead types are used.)

Section 120. Abatement of Nuisance. Any affected persons may file a written nuisance

complaint to the Local Health Officer who in turn shall notify the owner or operator to abate

such nuisance. If the operator or owner fails, neglect or refuses to abate such nuisance within 30

days after such written notification or within a shorter time prescribed by the Local Health

Officer, the latter shall prohibit such nuisance or provide measures to prevent such nuisance at

the expense of the owner or operator or person concerned.


59

Section 121. Penal Provisions. Violations of the provisions of this Article shall be subject to the

penalties as provided in PD 856.

(a) Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the

rules and regulations promulgated under this Article shall be guilty of misdemeanor and upon

conviction shall be punished by imprisonment for a period not exceeding six (6) months or by

a fine not exceeding P 1,000.00 or both depending upon the discretion of the court.

(b) Any person who shall interfere with or hinder, or oppose any officer, agent or member of

the Department of the bureaus and offices under it, in the performance of his duty as such

under this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to

the premises in the enforcement of the Code, shall be guilty of a misdemeanor and punishable

upon conviction by imprisonment for a period not exceeding six (6) months or by a fine of not

exceeding P 1,000.00 or both depending upon the discretion of the court.

WWWAAATTTEEERRR PPPOOOLLLLLLUUUTTTIIIOOONNN MMMAAANNNAAAGGGEEEMMMEEENNNTTT

Section 122. Operative Principles. This section covers the control and treatment of waste water

from the domestic and industrial sources as provided under Philippine Sanitation Code of 1976

(PD 856) and RA 9275, The Clean Water Act of 2004.

Section 123. Wastewater Disposal System. There shall be an effective waste water disposal

system adopted by every municipalities and barangays to prevent contamination of water sources

and channels, aquifer and other bodies of water.

(a) Public Sewage Disposal System. Every LGU shall maintain a public sewage and sewerage

disposal system which shall cater to the needs of every household and other establishment for

their waste water disposal. In cases that public sanitary sewers may not be available in streets or

lot premises, waste water piping from any of the building shall have its own approved sewage

disposal system. Individual sewage system shall be properly maintained by individuals to avoid

public hazard.

Sewage from commercial buildings shall be neutralized or pretreated. Industrial waste water

shall be discharged directly into the nearest main public sanitary sewers if existing in the

municipality or city. Sewerage as its system of operation shall be in accordance with the

provisions of Sanitation Code of 1976 and Clean Water Act of 2004.

(b) Septage and Sewage Disposal System. Every household or building structure whether

publicly or privately owned for construction shall have its own approved plan and design in

accordance to standard specification for septic tank water disposal and sewage disposal system

which plan, type and design shall be approved by a Registered Sanitary Engineer or a

Registered Master Plumber and shall be connected to public sanitary sewerage system.

(c) Sewage Treatment Plants. Every LGU and industrial establishments shall establish a

sewage treatment plant capable of treating the waste water discharge for public safety.


60

(d) Drainage. The LGU shall establish, improve and maintain a drainage system in all

inhabited areas to promote hygiene and sanitation pursuant to PD 856.

Industrial establishments shall be required to establish and maintain drainage system within their

establishment site to safeguard public health within the locality.

Section 124. Collection, Handling, Transport, Treatment and Disposal of Domestic Sludge

and Septage. Public and private operators engaged in the collection, handling, transport,

treatment and disposal of domestic sludge from cesspools, communal septic tanks, imhoff tanks,

domestic sewage treatment plants/facilities and septage from household septic tank shall strictly

adhere to the standard operating procedures as prescribed under implementing rules and

regulations of Sanitation Code of 1975.

(a) Domestic Sludge and Septage Treatment. Pursuant to the existing laws, it is mandatory

that septage and domestic sludge shall be treated prior to its disposal.

(b) Septage and Domestic Sludge Collection and Transport. Collection and transport of

septage and domestic sludge shall be done in a sanitary manner to avoid health hazard to the

general public.

(c) Waste Collector Truck. A sanitary truck collector shall be used in the transport of septage

and domestic sludge to the sanitary landfill site for disposal. Said collector truck should be

acquired/built in accordance with the standard design and specification of its usage and must be

leak proof and body locked.

Section 125. Pollution Control Officer. Upon the effectivity of this Code, the Provincial

Governor shall appoint or designate a Pollution Control Officer in the Province to effectively

enforce the National Pollution Control Decree of 1976, otherwise known as the PD 894. Such

duties and functions shall carry out both national and local policies for the protection and

maintenance of a sound environment for the public.

Section 126. Penal Provision. Violations of the provisions of this Article shall be subject to the

penalties as provided for in PD 856, otherwise known as the Code of Sanitation of the

Philippines. Include all the penalties under said law.

ARTICLE IX

ECOTOURISM

Section 127. Operative Principles-Pursuant to Article II, Section 16 and Article XII, Section 1

of the Constitution and Presidential Executive Order No.120, the provincial government shall

adopt ecological tourism as a major strategy for the conservation of biological diversity and

preservation of the unique natural and cultural heritage of the Eastern Samarenos, creation of

local employment opportunities and generation of revenues. It shall be the priority of the

provincial government to ensure equitable distribution of benefits from the utilization of our

heritage and, as such, there is hereby establish a system of local community entrepreneurship in

the operation and management of ecotourism sites.

Section 128. Community-Based Ecotourism-The Governor and City/Municipal Mayors shall

adopt adequate measures to ensure that local communities within ecotourism sites are not

deprived of opportunities for gainful livelihood and generation of revenues. For this purpose, the

City/Municipal Mayors and Barangay Councils are hereby encouraged to enact appropriate


61

legislations, such as but limited to, the regulation and control of the number of proper visitor

services, amenities and facilities, site protection and law enforcement.

Section 129. Authorized and Unauthorized Ecotourism Sites- In order to regulate the

ecotourism industry in Eastern Samar, protect heritage resources and site destinations from

adverse impact, maintain favorable visitor services and facilities, and secure the well being of

local residents and visitors, the Governor in coordination with the concerned Mayor, Department

of Tourism, Department of Environment and Natural Resources, and other concerned national

government agencies and instrumentalities shall from time to time, determine, authorize and

prescribe ecotourism sites for visitation and/or development, as the case may be. The Governor

shall, in the same manner as ecotourism sites are determined, submit to the Sangguniang

Panlalawigan his legislative agenda for this purpose.

Section 130. Ecotourism Plan Review-Within one (1) year from the effectivity of this Code, the

Governor shall together with the concerned Mayors, National Government agencies, non-

government organization and private sector representatives, review existing Provincial

Ecotourism Development Plans, if any for the following purposes:

a) Prioritize ecotourism zones and areas for development in consideration of market

potential, infrastructure investment requirement, and economic viability, strategic position for

tourism expansion, community participation, and environmental rehabilitation advantage. Such

prioritized zones shall be subject to the approval of the Governor who, in turn, shall issue the

appropriate directive for the purpose.

b) Determine the appropriate type of development and management for each of the

prioritized areas. The community, private sector, local government or a combination of two or

three entitles operating in a corporate manner may manage the development. Such development

prescription shall be subject to the approval by the Mayor who shall thereby issue the appropriate

directive for the purpose provided, that prior proper consultation with written endorsement of the

concerned barangay chairman has been Satisfactorily complied; provided, further, that in case

the ecotourism site is approved by the mayor having jurisdiction of the area, subject to the

written endorsement of the concerned Punong Barangay.

c) Regulate and control the growth of ecotourism in the province through the establishment

of site-specific framework plans.

Section 131. Preparation of Ecotourism Framework Plans-No ecotourism site shall be

authorized for operation, development or visitation without the prior approval of the framework

plan thereof by the concerned City/Municipal Mayor or Mayors, as the case may be; provided,

that said plan shall be disapproved if and when potential revenues to be generated amount to be

less than ten (10) percent over and above the total estimated city/municipal investments. If

necessary, circulars and guidelines for the preparation of framework plans may be issued,

including the provision of technical/ or financial assistance to the concerned city/municipalities

in the preparation of the plans.

In the minimum, the plan shall indicate the following areas to be developed, type of development

proposed to be undertaken, schedule of development, support facilities and services, a clear

statement of the nature of local community participation and capability building requirements,

institutional arrangements, policy requirements, and an estimate of potential city/municipal

revenues.

Section 132. Incentives-The Governor shall work with City/Municipal Mayors in promulgating

a range of tax and non-tax incentives to investors on ecotourism projects. Priority shall be given

to those infrastructures for the development of the authorized ecotourism sites that require

sizeable investments in supportive infrastructure, services and amenities.

Section 133. Environmental Standards-The Governor shall issue the appropriate circulars

establishing the environmental standards for ecotourism in accordance with the law. The

standards will take into consideration the following:


62

a) Standards on air and water quality, noise operating quality and efficiency, and sanitation

as established by the DENR, DOH, DOT, and city/municipal governments, respectively.

b) Environmental aspects critical to the sustainable operation of ecotourism projects such as

waste management, energy and water conservation, maintenance of air quality and noise

minimization, and the use of fossil fuels, polychlorinated bipherryl (PCB), pesticides and

herbicides and hazardous materials.

c) Measures that minimize the use of energy, water and on-site materials

d) Measure that minimize the generation of waste, including reduction, reuse and recycling

of resources being used.

Section 134. Sensitive Areas-The Governor shall issue appropriate directives, circulars,

advisories, for the purpose of regulating visitor behavior in environmentally and culturally

sensitive areas, particularly native forest, caves, dive sites, mangrove areas, ancient churches,

ancestral houses and other sites as determined by the Governor from time to time.

Section 135. Provisions for Accreditation-The Governor shall institute a system of

accreditation of tourist guides, divers escorts, promoters, service providers, and coaches

conveyances, including a system of rules and regulations governing the issuance and renewal of

licenses, and the related fees and charges thereof, for the purpose of establishing and maintaining

a high degree of professionalism, quality service, and warm Eastern Samareno hospitality to

visitors. After one (1) year from the effectivity of the Code, unaccredited and unlicensed guides,

drivers, escorts, promoters, service providers, coaches and conveyances shall be subject to

prosecution for violation of a Provincial Ordinance which shall be enacted for this purpose by

the Sangguniang Panlalawigan.

Section 136. Provincial Tourism Council-The Provincial Tourism Council, now existing is

hereby adopted and affirms.

Section 137. Function of the Provincial Tourism Council-In addition to the existing functions

of the Council; it shall also perform the following:

(a) Coordinate ecotourism promotion, investments, and development activities in the province;

(b) Establish ecotourism performance, development, accreditation, planning investment, and

environmental criteria and standards;

(c) Monitor compliance with ecotourism standards, laws, rules and regulations;

(d) Recommend ecotourism related legislative agenda to the Sangguniang Panlalawigan

(e) Submit regular quarterly written status reports to the Sangguniang Panlalawigan.

Section 138. Acts Prohibited and Punishable under this Code-shall include but limited to the following: Developing a stream lake, marshland or pond for recreational or commercial

purposes without securing first a permit from the National Water Resources Council and the

Local Government Chief Executive; in addition to an Environmental Compliance Certificate

(ECC) issued by the DENR or the Governor in accordance with existing laws.

ARTICLE X

ENVIRONMENTAL IMPACT ASSESSMENT AND MONITORING

Section 139. Operating Principles-The provincial government recognizes the need for an

effective instrument for ensuring environmental soundness of agro-industrial and ecotourism

projects thereby maintaining a rational and orderly balance between economic growth and


63

community development in the province and, as such hereby adopts the Environmental Impact

Assessment (EIS) system provided for under Presidential Decree No. 1586.

Specifically, the following basic processes for ensuring environmental soundness of all

developmental projects as identified under PD 1586 are hereby adopted.

a) Scoping as defined in Section 6(hh) of this Code

b) ETS Preparation and Approval-The stage in the ETS system wherein an environmental

impact assessment (EAI) is undertaken and data are gathered using accepted scientific methods

to clarify key issues and concerns, characterize the environmental setting of the project, predict

the impact of the project on the setting and measure the social acceptability of the project. The

resulting EIA document will be reviewed by the DENR EIA Review Committee and its

comments will serve as basis in reviewing the application for an Environmental Compliance

Certificate (ECC). The ECC may be granted under certain conditions and includes the

implementation of an environmental management plan. As a matter of provincial government

policy and in order to validate the extent of social acceptability of the project as provided in

DENR Administrative Order (DAO) 37, series of 1996, the Governor shall fully exercise his

powers to ensure that a public hearing shall be conducted for all projects defined under PD 1586,

as a precondition to ECC issuance.

Section 140. Functions of the EAI Monitoring Team- The team shall monitor compliance with

project Environmental Management Plans, conditions set by the ECC and permits issued by

DENR to the project, gather relevant information to determine cause of damage and respond to

the public complaints about the project; prepare, integrate and disseminate monitoring status

reports; and undertake community information and education dissemination. Further, the team

shall:

a) Participate in scoping activities

b) Validate scoping sessions, as provided in Section 75 of this Code

c) Participate in the preparation of EIS documents, pursuant to Section 76 of this Code;

d) Review the EIA and IEE consultation and hearing as provided in Section 77 of this Code

e) Participate in the public consultations and hearings, as provided in Section 78 of this

Code

f) Participate in law enforcement, as provided in Section 79 of this Code;

g) Conduct regular inventory of establishments, as provided in Section 80 of this Code.

Section 141. Validation of Scoping Sessions-The Governor through the EIA Monitoring Team

as provided in Section 74 of this code, shall review the documentation of the scoping session and

as required by law, validate its authenticity by signing it. Likewise, The Governor shall assist

EIA in identifying the Stakeholders who would be involved in the scoping sessions.

Section 142. Participation in the Preparation of EIS Document-The Governor, through the

EIA Monitoring Team as provided in Section 74 © of this Code, shall participate in the

preparation of the EIS document by identifying the potentially affected population, assessing the

demand and the needs of the affected population, providing the EIA with the pertinent data,

attending meetings and workshops organized by the EIA, articulating the potential impact which

may affect public interest, and ensuring that the proposed project is consistent with existing

provincial policies and plans.

Section 143. Review of EIA and IEE-the Governor, through the EIA Monitoring Team as

provided in Section 74 (d) of this Code, shall review all the EIA and IEE done on the province.

Upon recommendation of the Team, the Governor may engage the services of experts to validate

the finding of the study or conduct another EIA.

Section 144. Participation in Public Consultations and Hearings-The Governor, through the

EIA Monitoring Team as provided in Section 74 (e) of this Code shall attend public

consultations and public hearings to be conducted by the Provincial Government.


64

Section 145. Law Enforcement-The Governor, through the EIA Monitoring Team as provided

in Section 74(f) of this Code shall work together to enforce the law, including the closure of

establishments and projects and the prosecution of offenders.

Section 146. Inventory of Establishments-the Governor, through the EIA Monitoring Team as

provided in Section 74 (g) of this Code, and the DENR shall conduct ascertain whether these

have complied with the IEE as required under this Code and EIA and ECC requirements as

defined by law.

Section 147. IEE Compliance for Projects not Covered by the EIA System-All projects

defined under PD 1586 which are proposed to be undertaken in Eastern Samar, including those

not required by national law to secure ECC and therefore not covered by the EIA System

pursuant to PD 1586 shall be subject to an Initial Environmental Examination (IEE), in addition

to submission of additional environmental safeguards pursuant to DENR Administrative Order

37, series of 1996, provided, that the Governor shall issue a circular identifying those projects

not covered by the EIA System which shall be subject to IEE in accordance with this provision;

provided, further, that the Governor shall also submit his proposed measure for legislative

enactment to the Sangguniang Panlalawigan, including recommendations, for sanctions,

penalties, and /or charges for violation of this provision, within nine (9) months upon effectivity

of this Code.

Section 148. Environmentally Critical Areas-Within nine (9) months upon effectivity of this

Code, the Governor, in close collaboration with the DENR and the SP Committee on

Environment Protection Energy shall identify the location of environmentally Critical Areas

(ECA), as defined in DENR Administrative Order 37, series of 1996 and other national laws for

the purpose of integrating the identified ECA in the provincial physical framework plan.

Section 149. Training-The members of the EIA Monitoring Team shall be required to undergo

training on the different aspects of monitoring work as prescribed by law.

Section 150. Environmental Guarantee Fund-The Governor, through the EIA Monitoring

Team, as provided in Section 65 of this Code, shall participate in the negotiation and review of

the memorandum of Agreement (MOA) between the project developer and concerned parties as

prescribed by law for the establishment of an Environmental Guarantee Fund (EGF) for projects

creating significant public risk.

Section 151. ECC Requirement. Effective upon approval of this code, all projects and

businesses classified as Micro-Business Enterprise whose operation involves the extraction and

utilization of natural resources, including all processing and manufacturing plants which emits or

discharges wastes that causes adverse effect to the environment, registered or not with the

BAMBE, located within critical areas and/or classified as critical projects, shall be required an

Environmental Compliance Certificate (ECC) from the Office of the Governor in accordance

with the existing provision of DAO 30, series of 1992.

By virtue of the said provision, it shall be the duty of every municipal mayor to require every

business permit applicant to secure an Environmental Clearance from the office of the Governor

as a mandatory requirement for the issuance of a business permit. Provided further that those

existing businesses as defined under this section for environmental reasons shall secure the

required environmental clearance for the continuance of its business.


65

Section 152. ECC Monitoring and Compliance. The Provincial Government shall organize a

Multi-Partite Monitoring Team composed of PENRO-LGU, MENRO, religious group, civic

group, DENR-EMB, who shall conduct monitoring and evaluation in the compliance of

environmental standards as stipulated under the provision of ECC.

Section 153. Adjudication of Pollution Complaints. Pollution complaints from establishments

mentioned under Section 96 of this code shall be adjudicated according to the rules and

procedures as maybe adopted by the Provincial Government for the resolution of the complaint.

Section 154. Penal Provisions. All businesses mentioned in said section who fail or

intentionally neglect to secure the necessary certificate for its operation upon due notice shall be

liable to pay an amount of P1,000.00 as fine, its business operation shall be subjected to

temporary stoppage and or closure upon observance of due process by the Provincial

Government, as mentioned in the preceding section.

ARTICLE XI

COMPREHENSIVE LAND MANAGEMENT INCLUDING WETLAND

Section 155. Operative Principles-It is hereby required that the preparation of Comprehensive

Land Use Plans (CLUPs) shall, as far as practicable, utilize watershed panning approaches. In

order to arrest further degradation of the environment and natural resources in the province, the

Governor and Mayors of Eastern Samar shall formulate their CLUPs on the basis of

compatibilities between the land capabilities and land use guidelines formulated thereby,

primarily on the basis of land conservation constraints but not in the basis of their productivity or

non-productivity in order to prevent or minimize the recurrence and effects of, among others:

a) Soil erosion, siltation and sedimentation and destruction of critical habitats;

b) Reduction or loss of productivity of agricultural lands;

c) Destruction of city/municipal fishery grounds and decline in fish catches per capita;

d) Unauthorized appropriation of river banks and public easement for residential, commercial,

and industrial use; and

e) Destruction of natural heritage assets due to mining and quarrying activities in unauthorized

areas.

Section 156. Basic Policies-In consideration of the provisions of (a) Republic Act 7586, or

NIPAS Act of 1992, (b) the need to improve the forest cover and (c) the issue circulars or

directives for the purpose of incorporating in the city/municipal CLUPs the corresponding forest

and coastal land use plans, including municipal waters for the management of production and

coastal zones, and protected areas for the production of water, conservation of wildlife, provision

of livelihood opportunities, conservation of biological diversity and natural heritage areas, and

maintenance of forest cover respectively. As such, the Mayors shall actively engage the

cooperation of the DENR in the preparation of their CLUPs.

Section 157. CLUP Formulation-Henceforth, preparation and formulation of comprehensive

land use plans shall be undertaken with full participation of community residents. To achieve this

end, no CLUP whatsoever shall be given due course by the Sangguniang Panlalawigan unless

such CLUP is favorably endorsed on writing through a Resolution of each barangay council and

Municipal Development Council of every municipality before being acted upon by the concerned

Sangguniang Bayan. The Governor upon recommendation by the Provincial Planning and

Development Office shall include a budget request in the Annual Investment Plan as may be

deemed necessary for the provision of technical assistance to city/municipalities in order to

accomplish this provision of the Code.


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Section 158. Compatibility of Provincial, City and Municipal Comprehensive Land Use Plans-The Governor, upon recommendation of the Provincial Planning and Development Office

and the Provincial Environment and Natural Resource Officer (Provincial ENRO), shall issue

pertinent guidelines for the purpose of rationalizing provincial, city and municipal

comprehensive land use plans.

Section 159. Land Management System

(a) Land Tenure. There shall be a certain limitations, qualifications or restrictions on the

issuance of contract/ownership, where most common forms are leasehold and usufruct, where

possession or occupation is with or without rental.

(b) Land Ownership and Transfer. Any individuals and corporations or associations

legally qualified under Philippine laws can acquire or hold lands of the public domain. Provided,

that only natural born citizens of the Philippines may acquire lands in the country, although those

who have lost their Philippine citizenship may, subject to certain limitations provided by law,

still be a transferee of private lands.

(c) Institutional Arrangement for Land Titling. There shall be a One-STOP-SHOP for

Land Titling in the province in which the Provincial government shall spearhead the program

together with the implementing agencies and provide manpower and appropriate funds for the

operation of the unit under the office of the Provincial Governor to expedite the processing of

issuance of land titles. The implementing agencies (DENR, DAR, NCIP and other concern

agencies) shall organize themselves to act as the coordinating body in the management and

operation of the unit.

All land title applications within the Province of Eastern Samar shall be lodged to the One-Stop-

Shop Office for titling. Said office shall facilitate and speed up the processing of application and

shall be officially received only by the office upon compliance of all the mandatory requirements

set forth by the center.

(d) Land Subdivision – Approval of subdivision plans shall be exercised by the local

government unit as devolved under the Local Government Code (Sec. 447 and 458 and 459,

respectively)

Section 160. Administration of the One - Stop – Shop Land Titling Operation.

Notwithstanding with the mandate promulgated under this Article, all the provisions contained in

the Executive Order No. 02, series of 2006, issued by the Provincial Governor shall ipso facto

form part of this code.

Section 161. Land Survey. The Provincial Government through either the team created under

the One-Stop-Shop, the PENRO-LGU in coordination with the MENRO or through the

engagement of services of the private surveying parties, shall initiate the conduct of cadastral

surveys, lot surveys, isolated and special surveys pursuant to DAO 30-92 with corresponding

regular manpower and equipment with budgetary allocation and other MOOE.

Section 162. Identification of A&D areas through surveys. The PENRO-LGU and the

MENRO in coordination with the Land Management Officer of the DENR shall identify all

Alienable and Disposable Lands within the province through the initiation of surveys.

Section 163. Delineation of Barangay Service Center within Timberland Areas. All

Barangays within timberland areas shall facilitate the delineation of its respective Barangay

service center at a maximum area of fifteen (15) hectares per Barangay, except in areas identified

as watershed and other protected areas including greenbelts and buffer zones where delineation


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is strictly prohibited. The Barangay concerned shall provide funds for the conduct of surveys

and other related activities.

Section 164. Fund Allocation for Surveys of Political Boundary and Settlement. The

Municipalities and Barangays affected shall initiate conflict settlement and be required to

allocate special funds for the conduct of surveys of political boundary for purposes of settlement.

Section 165. Land Use, Conversion and Zoning

(a) Land Use and Zoning. All 14 municipalities shall have their respective land use and

zoning ordinance incorporating the SAFDZ whenever applicable. Therefore, all land use plans,

zoning ordinances shall be updated every four (4) years or as often as it may deemed necessary

upon recommendation of the HLURB and must be completed within the first year of the term of

office of the Mayor. If the cities/municipalities fail to comply with the preparation of zoning and

land use plans, the DILG shall impose the penalty as provided for under R.A. 7160.

(b) Land Conversion. Conversion may be allowed, if at all, on a case to case basis subject to

existing laws, rules, regulations, executive orders and issuances as well as administrative orders

governing land use conversion.

Section 166. Penal Provisions. Imposition of penalties prescribed herein shall be in accordance

with the Public Land Act, Article XVI, and Section 129, 130, 132 & 133).

(a) Any person who presents or causes to be presented or cooperate in the presentation of any

false application, declaration, or evidence, or make causes to be made or cooperates in the

making of a false affidavit in support of any petitions, claim, or objection respecting lands of the

public domain, shall be deemed guilty of perjury and punished accordingly.

(b) Any person who voluntarily and maliciously prevents or hinders or attempts to prevent or

hinder the presentation of any application for public lands under this act, or who in any manner

attempts to execute acts intended to dissuade or discourage, or aid to dissuade or discourage, the

acquisition of public lands, shall be deemed guilty of coercion and be punished accordingly.

(c) Any person, corporation, association or partnership which, not being qualified or no longer

authorized to apply for public land and the provision of this code, files or induces or knowingly

permits another person, corporation, association or partnership to file an application in his or its

behalf or for his or its interest, benefits or advantage, shall be punished by a fine of not less than

two hundred (P200.00) nor more than five thousand (P5,000.00) pesos or by imprisonment of not

less than two months (2) nor more than five (5) years, or both, in the discretion of the court, and

the application shall be cancelled.

(d) Any person who, without having the qualifications required by this code shall be deceit or

fraud acquire or attempt to acquire lands of the public domain or other real property or any right,

title or interest, or property right of any class to the same, and any person aiding and abetting him

therein or serving as a means or tool therefore, shall upon conviction, be punished accordingly.

(e) Any person found guilty of premature or illegal conversion shall be penalized with

imprisonment of two (2) to six (6) years, or a fine equivalent to 100% of the governments

investment cost or both at the discretion of the court, and on accessory penalty of forfeiture of

the land, any improvement thereon. In addition:

(e.1) cancellation or withdrawal of the authorization for land use conversion; and

(e.2) blacklisting or automatic disapproval of pending and subsequent conversion applications

that they may file with the DA.


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WETLAND MANAGEMENT

Section 167. Operative Principles. This Article shall cover wetlands, made up of complex and

different sensitive and fragile habitat types, namely: open water, flowing water, riverbank,

herbaceous swamp, scrub swamp, peat forest and swamp forest for protection and preservation

including the habitat/vegetation occurs within the proclaimed protected area and its adjacent

surrounding buffer zone consistent with existing national policies, such as RA 7586, known as

NIPAS Act.

Section 168. Revision and Harmonization of Protected Area management Plan. The

Provincial Government through the Environment Code Committee together with the concerned

municipalities, shall revise and harmonize the existing various management and environmental

plans which shall be implemented through a co-management agreement with the DENR and the

Provincial Government.

Section 169. Wetland Protected Area Management Committee. The Wetland Protected Area

management Committee is composed of the Protected Area Management Board (PAMB) of

DENR and the Wetland Development Alliance shall compose the bio-diversity committee under

the auspices of the Environment Code Committee, tasked specifically for the preservation and

protection of protected wetlands within the province.

Section 170. Demarcation and Delineation of Different Zones within Wetland Protected Areas. The provincial Government and the DENR shall establish a conspicuous ground marking

and delineation within protected the protected area of wetlands, its buffer zones and other

wetlands for purposes of protection, rehabilitation, sustainable use, restoration, habitat

management, multiple use, cultural and recreational use, special use as provided for under RA

7586.

Section 171. Reversion of A and D Areas with Declared Protected Areas into Forestland.

Identified A and D land within the protected area and its buffer zones shall be reverted or

reclassified into forestland in order to preserve the area as part of the ecosystem profile while

protecting its biological importance. The provincial Governor through the PENRO-LGU shall

initiate protest to revert these areas into public land. However, for the mean time, those areas

presently occupied and cultivated shall be governed by a Memorandum of Agreement (MOA)

signed by the DENR, the land claimant and the Provincial Government for the application of an

appropriate land cultivation practices consistent with the management of the protected area and

its biodiversity conservation program.

Section 172. Protection and Rehabilitation of Wetlands. The Provincial Government under a

co-management strategy with the DENR together with the concerned municipal government and

other sectors shall identify the implementation of environmental protection and law enforcement

functions and shall engage in rehabilitation program and related activities for the protection and

preservation of wetlands in the province.

Section 173. Prohibition of occupancy. Upon the approval of this Code, any person shall not be

allowed to establish new settlement or occupation for their own benefits with wetland protected

areas. The municipal and barangay governments in coordination with the key leaders of the

community shall initiate Administrative proceedings for an effective enforcement of this

provision.

Section 174. Organization of Task Force on Wetland Protection. A task force on the

protection and administration of wetland protection is to be composed of the Protected Area


69

Superintendent (PASu) as task force chairman and selected members of the AFP and PNP as

members, shall be nominated by their respective commanders, and utilized as the implementing

arm of the Wetland Protected Area Management Committee.

Section 175. Creation of Protected Area and Warden Officers Position. The concerned

municipalities shall create positions of protected Area Warden Officers under the direct

supervision of MENR Officer, with duties and functions solely for the protection of wetlands.

The provincial government with the PAMB shall initiate capacity building and value orientation

through appropriate trainings, seminars and offsite visits.

Section 176. Issuance of Permit, License and Tenurial Instrument. Permit and licensing for

the prospecting, scientific research for conservation of wildlife flora and fauna and conservation

breeding as prescribed under RA 9147 shall be allowed under this Article provided such

issuances shall be reviewed, evaluated and recommended for approval by the PAMB subject to

the concurrence of the Wetland Protected Management Committee of which PAMB is part

thereof. Existing tenurial instrument within wetlands if there be any shall be governed by the

foregoing provisions.

Section 177. Mono Cropping within Wetland Protected Areas. No portion of the declared

protected area within wetland protected areas may be utilized for mono crop plantation of any

species. Existing plantations may be allowed until their economic life expires, provided the use

of chemicals and other inorganic inputs is strictly prohibited upon the effectivity of this Code.

Section 178. Recognition of Cultural Rights of Local Communities. In pursuant to Republic

Act No. 7160, otherwise known as the Local Government Code of 1991 and Republic Act No.

7586, series of 1997, respectively, the cultural rights of local communities shall be protected and

preserved within the wetland protected area.

Section 179. Fund Support. Subject to Commission on Audit (COA) regulations and existing

laws with regard to allocation of funds, the provincial government, DENR through the PAMB

and concerned municipal governments shall respectively allocate an annual counter parting of

budget for the effective implementation of plans and programs for the protected wetlands.

Section 180. Prohibition and Punishment Acts. The prohibited acts are as follows:

a) Hunting, destroying, disturbing or mere possession of any plant or animal or products

derived therefrom without a permit (specifically authorizing such activity) from the

Board or in the case of local communities without a mutually agreed policy;

b) Dumping or otherwise disposing of any waste products detrimental to the protected area

and other wetlands to the plants and animals or inhabitants therein;

c) Use of any motorized equipment without a permit;

d) Mutilating, defacing or destroying objects of natural beauty or burial grounds, religious

sites, artifacts or other objects belonging to cultural communities;

e) Damaging and leaving roads and trails in damaged conditions;

f) Squatting, mineral exploration, or otherwise illegally occupying any land;

g) Constructing or maintaining any kind of structure, fence or enclosure and conducting any

business enterprise without a permit;

h) Leaving in exposed or unsanitized condition, refuse or debris, or depositing wastes in

bodies or water; and

i) Altering, removing, destroying or defacing boundary marks or sign.

Section 181. Penalties regarding the Abuse of Protected Wetlands. The imposition of

penalties shall be in accordance with Section 71 of the DAO 25, series of 1992, Implementing

Rules and Regulations of the NIPAS Act, RA 7586.

(a). Any person found guilty of any of the offenses enumerated above shall, pursuant to Section

21 of the Act, be fined an amount of not less than five thousand pesos (P5, 000.00) or not more


70

than five hundred thousand pesos (P500, 000.00), exclusive of the value of the item damaged,

or be imprisoned for not less than one (1) year, but not more than six (6) years or both as

determined by the court. The offender shall also be required to restore or compensate for the

restoration of the damage; provided further, that the court shall order the eviction of the offender

from the land and the forfeiture in favor of the government of all mineral, timber or any species

collected or removed including all equipment, devices and firearms used in connection therewith,

and any construction or improvement made thereon by the offender. If the offender is an

association or corporation the president or manager shall be directly responsible for the act of his

employees and laborers; provided finally that, the DENR may impose administrative fines and

penalties consistent with this Act.

ARTICLE XII

BIODIVERSITY MANAGEMENT AND CULTURAL RESOURCE PRESERVATION

Section 182. Operative Principles. This Article covers all protected areas and other potential

diversity hotspots and cultural resources for conservation and protection consistent to the

provisions of RA 9147; RA 7586; RA 8371 and LOI No. 1312.

Section 183. Resource Inventory and Accounting of Significant Sites and Species. The

provincial and municipal governments shall undertake resource inventory and accounting of

significant sites including the flora and fauna species as a tool for management planning. The

PENRO-LGU and MENROs shall actively participate in the conduct of research and other

scientific studies attune to biodiversity protection and preservation.

All resource inventories would be published by the PENRO-LGU in partnership with the

Provincial Tourism Office, Provincial Information Office and other funding agencies.

Section 184. Conservation Breeding and Caring of Wildlife. Consistent to Section 24 of RA

9147, the Provincial Government shall encourage municipal local government units to initiate

conservation breeding, caring and propagation of threatened, rare and endangered wildlife

species in order to enhance their population growth in their natural habitat.

Section 185. Protection of Wildlife Species and Habitat outside Protected Areas. The

provincial government upon the effectivity of this Code shall establish and implement Rescue for

Important Conservation Hotspot (RICH) program to protect and conserve wild flora and fauna

species classified as rare, threatened and endangered and their habitat found outside protected

areas.

(a) Biological importance or the site ecological significance, economic importance,

usefulness to ecosystem, research and other site consideration are the main criteria in choosing

RICH area. The Provincial Government through the PENRO-LGU shall conduct Protected Area

Suitability Assessment over the proposed site.

(b) Other site consideration on ethnic biodiversity whose tradition practice sustains the

ecosystem and ensure maintenance of area diversity and site landscape that features outstanding

natural beauty including caves.

Upon effectivity of this Code, the Provincial Government shall provide personnel management

support to the Department of Environment and Natural Resources-Protected Area Management

Board (DENR-PAMB) for the protection, regulation and conservation of established RICH

projects.

(c) The provincial and municipal governments shall declare identified significant sites as

local protected areas as deemed necessary.

Section 186. Community Awareness on Resources and Environment (CARE). Consistent

with the government effort of raising the awareness of the community in protecting and

preserving the environment and its natural resources, the provincial and municipal governments


71

shall formulate and spearhead awareness program and activities supporting the proliferation of

chosen trees, ornamental flowers, birds and other terrestrial and aquatic species as an officially

adopted species of the municipality under the CARE projects/program.

Section 187. Establishment of Tree Parks and Greenbelt. The provincial, municipal and

barangay local governments shall initiate and set aside regular funds for the establishment,

restoration and maintenance of tree parks, greenbelts and buffer zones within their respective

jurisdictions pursuant to letter of intent- LOI No.1312.

Section 188. Cultural Resource Preservation. The provincial government in accordance with

existing laws shall maintain and protect specific areas within the province of Eastern Samar,

declared and recognized by the provincial government and communities as cultural heritage and

other areas that may be declared as such in the near future such as but not limited to burial site,

prayer ground and other areas which has cultural significance.

(a) Inventory of Cultural Significant Sites. The provincial and Municipal Governments shall

identify all significant sites within their respective domain and conduct inventory and resource

accounting as well as ensure the protection and preservation of said cultural significant sites with

necessary fund allocation.

(b) Preservation of Customs and Traditions. The provincial and municipal governments in

coordination with barangay government shall recognize the customary beliefs and traditions of

local communities and provide support and other forms of assistance in the promotion of such

customs and traditions.

Section 189. Regulation and Control.

(a) Research and other Scientific Studies. Collection and utilization of biological resources

(flora and fauna) for any scientific research and medical studies except for commercial purposes

shall be allowed upon a permit issued by DENR and co-certified by the Provincial Governor.

(b) Transport of Wildlife. Permit issued by the DENR for special purposes within the RICH

areas e.g. fishing, campling and issuance of transport permit of flora and fauna transported

within the country, issuance of gratuitous for non-rare, non-threatened, non-endangered and non-

CITES species of wildlife, permit for breeding purposes, Convention on International Trade on

Endangered Species (CITES) permit, shall be co-signed by the Provincial Governor.

Permit for local transport of wildlife, by-products and derivatives collected or processed through

any legal means may be issued by the DENR and co-signed by the Provincial Governor or his

duly authorized representative unless the same is prejudicial to the wildlife and public health.

(c) Possession of Wildlife (Flora and Fauna). Possession of flora and fauna may be allowed

under a permit issued by the DENR and co-certified by the Provincial Governor provided that

the handler shall signify for the protection and care of said wildlife. Any caught wildlife fauna

shall be surrendered to the DENR or the PENRO-LGU/MENRO.

(d) Entry and Prohibition to certain Areas Declared as Protected Areas. Unless otherwise

allowed in accordance with this Code, it shall be unlawful for any person, groups, associations or

corporations to occupy and inhabit any portion of the areas nationally and locally declared as

protected areas pursuant to R.A. No. 7586, otherwise known as the NIPAS Act of 1992.

(e) Development of Flora and Orchidarium. The regulation of flora outside protected areas

including industries and businesses engaged in their propagation and development of orchidaria

services shall be implemented by the provincial government in pursuant with this Code provided

however, that such businesses shall be registered with the Provincial Government through ENR

Office for monitoring purposes.

(f) Collection and Gathering of Honey and By Products. Collection and gathering of honey

derivatives through burning and other destructive means and harmful methods shall be strictly

prohibited. However, the municipal government in coordination with some local experts shall

determine the appropriate techniques and methods of collection.

Section 190. Collection of Fees for the Use and Benefits of Tree Parks, Green Belts and other Significant Sites. The LGUs concerned where significant sites are found and located shall


72

enact ordinances to generate revenue for the purpose of maintenance and improvement of tree

parks, greenbelts, buffer zones and other similar sites.

Section 191. Illegal Acts. Consistent With RA No. 9147, The Following Acts Shall Be

Declared Illegal:

(a) Killing and destroying wildlife species, except in the following circumstances;

(i) When it is done as part of the religious rituals of established tribal groups on cultural

communities

(ii) When the wildlife is afflicted with incurable communicable disease;

(iii) When it is deemed necessary to put an end to the misery suffered by the wildlife

(iv) When it is done to present an imminent danger to the life of human being; and it has been

used in authorized research or experiments

(b) Inflicting injury which cripples and / or impair the reproductive system of wildlife

species;

(c) Inflicting any of the following acts in critical habitat(s)

(i) Dumping of waste products detrimental to wildlife;

(ii) Squatting or otherwise occupying any portion of identified critical habitat(s)

(iii) Mineral exploration and /or extraction;

(iv) Burning

(v) Logging and

(vi) Quarrying

(d) Introduction, reintroduction or restocking of wildlife resources without approved permit;

(e) Trading of wildlife without permit;

(f) Collecting, hunting or processing of wildlife, their by-products and derivatives without

appropriate permit;

(g) Gathering or destroying of active nest, nest trees, host plant and the like;

(h) Maltreating and /or inflicting other injuries not covered by the preceding paragraph; and

(i) Frame and patting of wildlife without appropriate permit.

(j) Section 37. Penal Provisions. Imposition of penalties in violation of the succeeding

section shall be in accordance with Section 28 of the Republic Act No.9147, series of 2001.

(a) Imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and / or

a fine of one hundred thousand pesos (P100,000.00) to one million pesos (P1000000.00), if

inflicted or undertaken against species listed as critical.

(b) Imprisonment of four (4) years and one (1) day to six (6) years and / or a fine of fifty

thousand pesos (P50,000.00) to five hundred thousand pesos (P500,000.00), if inflicted or

undertaken against endangered species;

(c) Imprisonment of two (2) years and one (1) day to four (4) years and /or a fine of thirty

thousand pesos (30,000.00) to three hundred pesos (300,000.00), if inflicted or undertaken

against vulnerable species.

(d) Imprison of one (1) year and one (1) day to two (2) years and / or a fine of twenty

thousand pesos (P20,000.00) to two hundred thousand pesos (P200,000.00) if inflicted or

undertaken against other threatened species; and

(e) Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of ten

thousand pesos (P10, 000.00) to one hundred thousand pesos (P100, 000.00), if inflicted or

undertaken against other wildlife species.

For illegal acts under paragraph (b) of the immediately preceding section, the following penalties

and/or fines shall be imposed.

(f) Imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a

fine of fifty thousand pesos (P50,000.00) to five hundred thousand pesos (P500,000.00), if

inflicted or undertaken against species listed as critical;

(g) Imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of thirty

thousand pesos (P30,000.00) to two hundred thousand pesos (200,000.00), if inflicted or



73

(h) Imprisonment of one (1) year and one (1) day to two (2) years and /or a fine of twenty

thousand pesos (P20,000.00) to two hundred thousand pesos (P200,000.00), if inflicted or

undertaken against vulnerable species.

(i) Imprisonment of six (6) months and one (1) day to one (1) year and /or a fine of ten

thousand pesos (P10,000.00) to fifty thousand pesos (P50,000.00), if inflicted or undertaken

against other threatened species; and

(j) Imprisonment of one (1) month to six (6) months and /or a fine of five thousand pesos

(P5,000.00) to twenty thousand pesos (P20,000.00), if inflicted or undertaken against other

wildlife species;

For illegal acts under paragraph © and (d) of the immediately preceding section, an

imprisonment of one (1) month to eight (8) years and /or a fine of five thousand pesos

(P5000.00.00) to three hundred thousand pesos (300,000.00), if inflicted or undertaken against

species listed as critical;

(k) Imprisonment of two years and one (1) day to four (4) years and /or a fine of five

thousand pesos (P5,000.00) to three hundred thousand pesos (300,000.00), if inflicted or

undertaken against species listed as critical;

(l) Imprisonment of one (1) year and one (1) day to two (2) years and /or a fine of two

thousand pesos (P2000.00) to two hundred thousand pesos (P200, 000.00), if inflicted or

undertaken against endangered species.

(m) Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of one

thousand pesos (P1,000.00) to one hundred thousand pesos (P100,000.00), if inflicted or

undertaken against vulnerable species;

(n) Imprisonment of one (1) month and one (10 day to six (6) months and/or a fine of five


against species listed as threatened species; and

(o) Imprisonment of ten (10) days to one (1) month, and/or a fine of two hundred pesos

(P200.00) to two hundred thousand pesos (P200,000.00), if inflicted or undertaken against other

wildlife species;

For illegal acts under paragraph (f) and (g) of the immediately preceding section, the following

penalties and/or fines shall be imposed;

(p) Imprisonment of two (2) years and one (1) day to four (4) years and a fine of thirty

thousand pesos (P30,000.00) to three hundred thousand pesos (P300,000.00) if inflicted or

undertaken against species listed as critical;

(q) Imprisonment of one (1) year and (one) day to two (2) years and/or a fine of twenty

thousand pesos (P20,000.00) to two hundred thousand pesos (P200,000.00), if inflicted or


(r) Imprisonment of six(6) months and one (1) day to one (1) year and/or a fine of ten

thousand pesos (P10,000.00) to one hundred thousand pesos (P100,000.00) if inflicted or

undertaken against vulnerable species;

(s) Imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of five


against species listed as other threatened species; and

(t) Imprisonment of ten (10) days to one (1) month and /or a fine of one thousand pesos (P1,

000.00) to a fine of five thousand pesos (P5, 000.00), if inflicted or undertaken against other

wildlife species; Provided that in case of paragraph (f), where the acts were perpetuated through

the means of inappropriate techniques and devices, the maximum penalty herein provided shall

be imposed.

For illegal acts under paragraph (h) and (i) of the immediately preceding section, the following

penalties and /or fines shall be imposed;

(u) Imprisonment of six (6) months and one (1) and one (10 day to one (year) and/or a fine of

fifty thousand pesos (P50,000.00) to a hundred thousand pesos (P100,000.00), if inflicted or

undertaken against species listed as critical species;

(v) Imprisonment of three (3) months and one (1) day to six (6) months and/or a fine of

twenty thousand pesos (P20,000.00) to fifty thousand pesos (P50,000.00), if inflicted or

undertaken against species listed as critical species;


74

(w) Imprisonment of one (1) month and one (1) day to three (3) months and/or a fine of five

thousand pesos (P5,000.00) to twenty thousand pesos (P20,000.00), if inflicted or undertaken

against vulnerable species;

(x) Imprisonment of ten (10) days and one (1) month and/or a fine of one thousand pesos

(P1,000.00) to five thousand pesos (P5,000.00), if inflicted or undertaken against species listed

as other threatened species;

(y) Imprisonment of five (5) days to ten (10) days and/or a fine of two hundred pesos

(P200.00) to one thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife

species;

(z) Illegal Occupation of Tree Parks, Recreation Areas and other Protected Areas and

Vandalism Therein. Any person who shall without permit, occupy for any length of time any

portion of the tree parks, recreation and other protected areas or shall, in any manner cut, destroy,

damage or remove timber or any species of vegetation or forest cover and other natural

resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic

value within areas in protected areas, shall be fined not less than five thousand pesos (P5,000.00)

exclusive of the value of the species damaged or an imprisonment of not more than one (1) year;

Provided that if the area requires rehabilitation or restoration as determined by the Local ENR

Officer, the offender shall also be required to restore or compensate for the restoration of the

damage; Provided, further that any person who without proper permit shall hurt, capture or kill

any kind of bird, fish or wild animal life within the protected area shall be subject to the same

penalty; Provided, finally, that the Court shall order eviction of the offenders from the land and

the forfeiture in favor of the government of all timber or any species or vegetation and other

natural resources collected or removed, and any construction or improvement made thereon by

the offender. If the offender is an association or corporation, the president or manager shall be

directly responsible and liable for the act of his employees or laborers.

In the event that an official or employee of a city or municipal government is primarily

responsible for detecting and convicting the violator of the provisions of this section, fifty

percent (50%) of fine collected shall accrue to such municipality or city for the development of

protected areas.

(aa) Destruction of Wildlife Resources. Any person violating the provisions of Section 55 of

PD 705 or the regulations promulgated hereunder, shall be fined not less than one hundred pesos

(P100.00) for each violation and in addition, shall be denied a permit for a period of three (3)

years from the date of the violation (Sec.82 of PD 705); Furthermore, the province shall also

declares illegal and impose penalties on the following acts:

(i) Collection of Bird’s Nest. It shall be unlawful to any person to collect, gather bird’s nest,

locally known as “salag sa sayaw” for all purposes. Any person caught collecting the same shall

be punished with the penalty of imprisonment of one (1) month and /or a fine of not more than

five hundred pesos (P500.00.00);

(ii) Collection of Honey and Its by-products. It shall be unlawful for any person to collect

honey and its by-products using destructive means and harmful methods. Any person violating

the same shall be liable to a fine of five hundred pesos (P500.00.00) and confiscation of said

honey and its by-products.

AAARRRTTTIIICCCLLLEEE XXXIIIIIIIII

PPPRRROOOMMMOOOTTTIIIOOONNN OOOFFF OOORRRGGGAAANNNIIICCC FARMING AAANNNDDD IIINNNTTTEEEGGGRRRAAATTTEEEDDD PPPEEESSSTTT MMMAAANNNAAAGGGEEEMMMEEENNNTTT

(((IIIPPPMMM))) PPPRRROOOGGGRRRAAAMMM

Section 192. Operative Principles. This Article covers the promotion of organic fertilizer

through utilization of agricultural wastes and animal manures and the use of biological control

methods to counter pests and diseases using natural predator as medium for prevention.

Section 193. Formulation of Plan. The provincial Government of Eastern Samar through the

Provincial Agriculture Office and in coordination with the Department of Agriculture shall


75

formulate Comprehensive Five Year Organic Agriculture Development Program for the province

in partnership with the private sector.

Section 194. Promotion of Organic Fertilizer. Upon the approval of this code, the Provincial

and Municipal Governments through their respective Agriculture Offices shall promote the

application of organic fertilizers in all agricultural and forestry development endeavors, such as

Bio-Nitrogen, Trichoderma and Composting facilities, Vermi-Composting and other rapid

composting technologies pursuant to DA Memo Circular 01, series of 2005, otherwise known as

Philippine National Organic Agriculture Board (PNOAB).

Section 195. Promotion of Biological Control of Pests and Diseases. The Provincial and

municipal governments through their respective Agriculture Offices shall promote biological

control methodologies such as Trichograma and Rhizobium as an alternative means to prevent

pests and diseases.

Section 196. Promotion of Balanced Fertilization “tipid-abono” approach/ zero chemical or pure organic farming. The provincial and municipal governments through their respective

Agriculture Offices shall endeavor to promote balanced fertilization “tipid-abono” approach

leading to zero chemical agricultural and tree farming.

Section 1967 Establishment of integrated organic-based model farms. The Province through

the Provincial Agriculture Office in coordination with the Department of Agriculture shall

establish integrated organic-based model farms.

Section 198. Institutionalization of viable farmers association/ cooperatives as community

compost and bio-predator producers. The provincial and municipal government through their

respective Agriculture Offices shall facilitate the institutionalization of viable farmers association

and cooperatives as legitimate and capable producers of community compost and bio-predators.

Section 199. Incentives. All provincial and municipal government through their respective

Agriculture Office shall provide incentives to all farmers practicing the organic farming and

biological integrated pest management and shall provide trainings, seminars and other

educational assistance to deserving farmers and beneficiaries.

Section 200. Government Support. The provincial and municipal governments through their

respective Agriculture Offices shall allocate funds to sustain their organic and biological

programs and the maintenance of laboratory facilities of the province, in coordination with the

Department of Agriculture, to enhance the agricultural production as well as the environmental

preservation.

The Provincial and Municipal Governments through their respective Information Officers and

Local Media Practitioners shall conduct intensive information and education drive to promote

and patronize the organic farm products.

ARTICLE XIV

SAFE USE AND HANDLING OF HARMFUL CHEMICALS

Section 201. Operative Principles. This provision covers the safe use and handling of

chemicals harmful to human, animal life and environment, pursuant to PD 1144.


76

Section 202. Prohibiting the sale and use of banned and restricted pesticides in the Philippines. The Provincial Government, in partnership with the Pesticide and Fertilizer

Authority, through the Provincial Agriculture Office shall strictly ban and prohibit the sale and

use of the following chemicals listed:

a. Aldrin

b. Azinphos Ethyl

c. BHC/HCH

d. Chlordimeform

e. Copper Aceto-Arsenite

f. DBCP

g. DDT – containing mosquito coils

h. Dieldrin

i. ADB

j. Elemental Phosphorous

k. Endrin

l. EPN

m. Heptachlor

n. Gophacide

o. Leptophos

p. Mercuric fungicides

q. Methyl Parathion

r. 1-Napthylthiourea (ANTU)

s. Nitrofen

t. Organotin compounds

u. Parathion-ethyl

v. Sodium Fluoroacetamide (1081)

w. Sodium Fluoroacetate

x. Strychnine

y. 2,4,5-T

z. Thalium Sulfate

aa. Toxaphene

Section 203. Restriction for the Use of Harmful Chemicals. The Provincial Government

through the Agriculture Office shall strictly impose the restriction of harmful chemicals in

accordance to its usage:

(a) Specified limitations

(a.1) DDT – all uses cancelled except for malaria control purposes by the Dep’t. of Health

(a.2) Endosulfan – only concentrations of 5% below will be allowed for other uses excluding

use in paddy rice.

(a.3) Monocrotophos – allowed use is for beanfly control on legumes only.

(b) Not for use within 200 meters of aquatic ecosystems

(b.1) Chlordane

(b.2) Endosulfan

Importation not allowed except in cases of emergency as determined by the authority

(c.1) Aldiocarb


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(c.2) Chlorobezilate

For termite control only

(d.1) Chlordane – its use is limited for pre-construction treatment. To be phased out by 31

December 1998. Considered banned onwards.

Too hazardous for general use, for research use only subject to the approval of the Fertilizer and

Pesticides Authority;

(e.1) Phenamiphos – for use in banana and pineapple plantations

(e.2) Etroprop – for use in banana plantations only

(e.3) Methidathion – for use in banana plantations only

(e.4) Inorganic Arsenicals (Arsenic Trioxide)-for use by FPA-accredited wood treatment and

wood preserving plants only

(e.5) Lindane (Gamma/BHC) – the only allowed use to date is on pineapple plantations by soil

pre-plant application

(e.6) Pentachlorophenol – for use in wood treatment only by FPA-accredited wood treating

plants and institutions

(e.7) Paraquat – previously restricted but recently granted new registration status and is now

allowed to be sold in licensed dealers and for use by trained farmers

Fumigants and other chemicals, for use only by certified fumigators – adequate time for aeration

is required after treatment before commodities are processed into food for feed.

(f.1) Methyl bromide

(f.2) Carbon Disulfide

(f.3) Phosphine generating compounds

(f.4) HCN – generating materials

(f.5) Carbon tetrachloride

(f.6) Chloroform

(f.7) Ethylformate

Section 204. Labeling of Chemicals. The Provincial Government through the Agriculture

Office shall imposed strict labeling of harmful chemical consistent to PD 1144, otherwise known

as Fertilizer and Pesticide Authority.

Section 205. Labeling of Chemicals. The Provincial Government through the Agriculture

Office shall impose safe and effective use of harmful chemicals based on the following

information:

Know your biological problem – where the use of pesticide is considered necessary, the user

must first identify the problem before the appropriate measure can be determined.


78

(a) Select the correct product – buy the product at the right time, right source and right

condition.

(b) Apply pesticides as directed – read instructions in the pesticide labels.

(c) Wear protective clothing. Avoid exposure

(d) Observe proper hygiene.

Section 206. Safe handling during transport and storage

(a.) Careless transport of pesticides from their sources will lead to high risk of:

(a.1) Exposure of people handling and transporting pesticides

(a.2) Contamination of the environment

(a.3) Contamination of food and feed stuffs

(a.4) Exposure to the general public

(b) Careful consideration must be given in selecting proper storage areas to provide safe

conditions to humans and the environment

(b.1) During Transportation

(b.1.1) Don’t carry pesticides with damaged containers. Leaky containers will cause

contamination.

(b.1.2) Load carefully, keep pesticide products well-secured in transport vehicles

(b.1.3) Keep pesticides away from passengers and livestock

(b.1.4) Pesticides should never be transported in the same loading space as foodstuffs, animal

feeds or other goods intended for human consumptions or use.

(b.1.5) Unload pesticides with care.

(b.2) During Storage

(b.2.1) Keep storage under lock and keep away from reach of children.

(b.2.2) Always make sure that pesticides are stored separately from foods and other feedstuffs.

(b.2.3) Do not store excess products into empty beverages or food containers.

Section 207. Use of personal protective equipment (PPE). The Provincial Government

through the Agriculture Office shall impose the use of protective equipment to ensure human

safety on use and handling of harmful chemicals.

Section 208. Disposal of waste chemicals and empty containers. All chemical wastes and

empty containers shall be disposed in safe manner. On no account must even a small amount of

waste chemicals/spillage be thrown into the surface, drainage systems, and/or any other water

courses.

Section 209. Penal Provisions. Violations of the provisions of this Article shall be subject to

the penalties as provided in RA 6969, mentioned hereunder.


79

(a) Criminal Offenses and Penalties:

(a.1) The penalty of imprisonment of six (6) months and one (1) day to six (6) years and one

(1) day and a fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos

(PhP4,000.00) shall be imposed upon any person who shall violate section 13 a) to (c) of this Act

and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be

deported and barred from any subsequent entry into the Philippines after serving his or her

sentence;

(a.2) In case any violation of the Act and this is committed by a partnership, corporation,

association or any juridical person, the partner, president, director or manager who shall consent

to or shall knowingly tolerate such violations shall be directly liable and responsible for the act

of the employees and shall be criminally liable as a co-principal;

(a.3) In case the offender is a government official or employee, he or she shall, in addition to

the above penalties, be deemed automatically dismissed from office and permanently

disqualified from holding any elective or appointive position.

(a.4) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall

be imposed upon to any person who shall violate section 13 (d) of this Act. If the offender is a

foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines

after serving his or her sentence;

(a.5) In the case of corporations or other associations, the above penalty shall be imposed upon

the managing partner, president or chief executive in addition to an exemplary damage of at least

Five hundred thousand pesos (PhP500,000.00). If it is a foreign firm, the director and all officers

of such foreign firm shall be barred from entry into the Philippines, in addition to the

cancellation of its license to do business in the Philippines;

(a.6) In case the offender is a government official or employee, he or she shall in addition to

the above penalties be deemed automatically dismissed from office and permanently be

disqualified from holding any elective or appointive position.

(a.7) Every penalty imposed for the unlawful importation, entry, transport, manufacture,

processing, sale or distribution of chemical substances or mixtures into or within the Philippines

shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of

the unlawful act and instruments, tools or other improvements including vehicles, sea vessels and

aircraft used in or with which the offense was committed. Chemical substances so confiscated

and forfeited by the Government at its option shall be turned over to the Department of

Environment and Natural Resources for safekeeping and proper disposal.

(a.8) The person or firm responsible or connected with the bringing or importation into the

country of hazardous or nuclear wastes shall be under obligation to transport or send back said

prohibited wastes;

(a.9) Any and all means of transportation, including all facilities and

appurtenances that may have been used in transporting to or in the storage in the Philippines of

any significant amount of hazardous or nuclear wastes shall at the option of the government be

forfeited in its favor.

ARTICLE XV

EEENNNEEERRRGGGYYY RRREEESSSOOOUUURRRCCCEEESSS MMMAAANNNAAAGGGEEEMMMEEENNNTTT


80

Section 210. Operative Principles. This Article covers the conventional energy such as mini

hydro power and coal energy and non-conventional energy such as bio-mass, wind and solar

energy.

Section 211. Research, exploration and development of conventional non-conventional energy resources. Upon approval of this code, the Provincial Government through the PENRO-

LGU subject to existing prior rights, may explore, and develop the conventional energy

resources such as mini-hydro power. It may also indirectly undertake the same under service

contracts awarded through public bidding concluded through negotiation, with a local or foreign

contractor who must be technically and financially capable of undertaking the operation required

in the service contract; provided, the service contractor shall be paid in an amount based on the

contract obligation expressly stipulated under the terms of reference of the service contract.

Provided further, that the execution of the activities and operation subject of the contract,

including the implementation of the work program and accounting procedures agreed upon, shall

at all times be subject to direct supervision of the Provincial Government through the ESESDC.

The Provincial Government through PENRO-LGU in cooperation with the Department of

Energy may conduct research and exploration of energy resources such as biomass, wind, and

other non-conventional energy resources for possible future development.

Section 212. Area qualified for research and exploration. Service contracts for research and

exploration, as mentioned under this Code, may cover public lands, government reservations

subject to area clearance issued by the DENR-CENRO and co-signed by the Local Government

through PENRO-LGU. Written consent must be secured from the landowner if it is the area

subject for research and exploration is within private lands. In the absence of voluntary

agreement from the private land owner, the Provincial Government or the Municipal

Government may file expropriation proceedings with the proper court.

Section 213. Government Support. The local government units shall extend the necessary

support and assistance to the energy program of the government and likewise encourage all

service agencies of both national and local government units to expedite requests of whatever

form of assistance by the contractors, and provide immediate resolution of the same.

Section 214. Empowering the ESESDC to act as Energy Management and Development Board. In addition to its powers and functions enumerated in Section 183 of this Code and other

functions and rules protection of the environment notwithstanding thereby, the ESESDC in

cooperation with the RDCD shall exercise the following functions: for the

(a) Formulate and recommend measures for implementation by the Governor, programs or

projects relating to energy research, development, exploration and utilization.

(b) Support, coordinate, supervise, and assist all research, development, exploration and

utilization efforts, programs and projects in non-conventional energy resources if any, among

individual, group, and corporation by any government initiatives to bolster their operations.

(c) Review and recommend for approval of all on-going or planned research, development,

exploration or utilization on non-conventional energy whether basic or applied in nature

including provision of funding support.

(d) Formulate criteria for determining priority for proposed research, development, exploration

and utilization project on non-conventional energy resources.

(e) Recommend project implementations, coordinate and monitor the progress of projects and

activities, on-going or planned projects in the implementation of the province’ energy program.


81

(f) Facilitate necessary and appropriate trainings and seminars with the support of e.g. external

training providers for non-conventional energy research, development, and exploration and

utilization skills and recommend qualified personnel in the various aspects of non-conventional

energy which technologies have been proven viable, such as bio-generation from agricultural and

industrial waste, establishment of demonstration systems like solar water dealers, household

electricity, solar air-conditioning and energy plantation.

(g) Assist in the development and recommendation of specific energy related programs with

the support of external service providers, requiring the participation not only of government

agencies and instrumentalities but also the private sector.

(h) Recommend to grant incentives as shall be necessary and appropriate to industries,

enterprises and/or individuals who shall conduct or participate in research and development or

apply currently available non-conventional energy technology to their industrial processes or

homes.

(i) Promulgate such rules and policies as may be necessary to promote and develop the energy

initiative provided under this article.

Section 215. Funding Assistance. The Provincial Government shall allocate annually a total

sum of one hundred thousand Pesos (Php100,000.00) for energy research and exploration

activities. For the success of these activities and in the course of being the counterpart, each

Municipality shall contribute ten thousand Pesos (Php 10.000.00) per year. All together a sum of

two hundred thousand and forty Pesos (Php 240,000.00) will thus be able to be used.

AAARRRTTTIIICCCLLLEEE XVIIII

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Section 216 Operative Principles. The provision of this Article shall cover vertical and

horizontal infrastructure projects. All buildings and structures as well as accessory facilities

shall conform to the prescribed environmental standards with all due respect to the principles of

safe construction and decommissioning and must be suited to the purpose for which they are

designed.

Section 217. Construction of Building, Roads, Bridges and Flood Control. The construction

of buildings, roads, bridges, flood control and other structures can f proceed and be implemented

only after securing all the necessary permits and clearances from concerned LGUs, other national

government agencies and from the office of the Governor, consistent with the national building

code, construction specifications and environmental standards.

Construction of roads, bridges and other structures shall be avoided within protected areas and

watersheds for protection and conservation purposes.

Section 218. Establishment of Dust Collector and Facilities. All dust generating processing

plants shall be required to install dust collector devices and facilities to prevent health hazards

and adverse environmental effect.

a) Section 169. Clearing of Structure and Cutting of Trees within Road- Right-of Way

(RROW)


82

b) Removal of undisturbed stumps and roots and nonperishable solid objects with a depth of

one (1) meter below sub-grade or slope of embankments will not be required.

c) All trees, shrubs, plants and other objects designated to remain shall be preserved.

d) If perishable materials are burned, constant care should be done to avoid damage to

surrounding vegetation, other adjacent property, or anything designated to remain on the

right of way will not be jeopardized. If permitted, burning shall be done in accordance

with applicable laws, ordinances, and regulations.

e) Materials and debris which cannot be burned and non-perishable materials shall be

buried. Debris shall be placed in layers. Each layer shall be covered or mixed with earth

materials by land-fill methods to fill all voids.

f) Low hanging branches of trees extending over the roadbed designated to remain shall be

trimmed by DPWH to give a clear height of 6 meters (20 feet) above the roadbed.

Trimming shall be done in accordance with the good tree surgery practices.

Section 219. Rehabilitation, Maintenance and Landscaping or Planting of Trees along Road-Right- of Way. The Barangay concerned shall be responsible for the rehabilitation,

maintenance, and beautification and planting of trees along the national highway.

Active and voluntary participation shall be encouraged to every interested individual who is

willing to plant a tree and be responsible for the maintenance over the same. Such endeavor shall

be recognized by the Government through the office of the MENRO which shall subsequently

issue a tree for a Legacy Certificate as proof of tree planting compliance and as basis for future

tax incentives.

Section 220. Establishment of Strategic Waiting Sheds and Travelers Assistance Center along National Highway. Concerned Municipal Government in coordination with the

Department of Public Works and Highways shall establish a strategic waiting sheds and

traveler’s assistance center during peak travel season along the national highway for travelers.

AAARRRTTTIIICCCLLLEEE XXXVVVIIIIII

COMMON PROVISIONS

ENFORCEMENT AND MONITORING

Section 221. Operative Principles. This title shall be applicable to all Articles mentioned under

Title II of this code.

Section 222. Memorandum of Agreement. All activities related to the enforcement of

environment and natural resources functions, authorities, programs and projects not expressly

devolved to the local government units shall be covered by a Memorandum of Agreement by the

DENR and the Provincial Government for the effective implementation of the mandate of this

code.

Section 223. Program and Project Implementation. The Governor reserves the right to

approve or disapprove any programs and projects to be implemented by any service agencies of


83

the national government whenever it is deemed necessary for the protection of the environment

and the general public.

Section 224. Creation of the Provincial Environment and Natural Resources Office - LGU Notwithstanding the functions prescribed under RA 7160, the PENRO-LGU shall be created,

strengthened and reorganized consistent with the mandates stipulated hereunder:

(a) The PENRO-LGU Office shall be empowered:

(a.1) To initiate and recommend measures in the apprehension, seizure and confiscation of

forest products.

(a.2) In coordination with the DENR, the PENRO-LGU shall implement forest protection and

law enforcement functions such that:

(a.2.1) Apprehension of violators of forest laws, rules and regulations;

(a.2.2) Prevention of forest fire, illegal cutting and kaingin making;

(a.2.3) Confiscation of illegally extracted forest products;

(a.2.4) Initiate filing of cases / complaint to the proper court against environmental violators;

(a.2.) Assist in the prosecution of cases filed against the violators; and

(a.2.) Initiate confiscation, forfeiture and disposition of forest , mineral and other natural

resources products and conveyance equipment and other implements used in the commission of

offense penalized under PD 705 as amended by EO 277, Series of 1987 and other applicable

laws, rules and regulations.

(b) In addition to those functions and authorities that are expressly devolved under RA 7160, the

Local PENR office shall perform additional functions as prescribed under this code,

(c) The established personnel description and competency standard formulated jointly by the

PENRO-LGU and PHRMO shall be integrated and implemented consistent to the functions and

organizational structure of PENRO-LGU Office.

(a) The PENRO-LGU and MENR Office shall be headed preferably by a competent and

qualified Registered Forester or environmental management and other related discipline with

sufficient background and experiences pursuant to the existing provisions of Civil Service rules

and regulations and in accordance with the Local Government Code of 1991.

(b) Permanent creation of the Municipal Environment and Natural Resources Office in every

Municipality in the Province of Eastern Samar with itemized positions, necessary funding and

manpower requirements are strongly encouraged to be enforced and implemented by all the

Municipal Mayors to effectively carry out the functions, programs and objectives of this code.

(c) In support to this mandate, every Barangay shall endeavor to organize their respective

Barangay Environment and Natural Resources Council and allocate funds to support the

activities and functions of the council.

(d) The PENRO-LGU shall establish mechanism / initiative to engage a co-management within

Eastern Samar Marsh administration and other declared protected areas.

(e) The PENRO-LGU shall actively participate in the management and administration of

Eastern Samar River Basin and other NRM related programs and projects.


84

(f) All programs and projects of the provincial government related to the environment and

natural resources management shall be implemented by the PENRO-LGU.

(g) The PENRO-LGU and MENRO shall endeavor to identify and initiate declaration of more

protected areas and communal forests.

(h) The Mines and Geo-Sciences Division under PENR-LGU Office may act as secretariat to

the Provincial Mining and Regulatory Board and perform other functions related to mineral

resources utilization and control.

Section 225. The Provincial Administrator in coordination with the PHRMO within six (6)

months after the promulgation of this code shall prepare a re-organizational guidelines and set

standards for the strengthening and reorganization of PENRO-LGU and other offices of the

provincial government as may deem fit for reorganization pursuant to the provision of RA 7160.

Section 226. The provincial and municipal governments shall allocate funds to sustain the

implementation of the environment code.

Section 227. Apprehension/confiscation of illegally transported forest products and mineral

resources shall be subject to the provisions of PD 705 as amended and RA 7942.

Section 228. Monitoring Stations and Checkpoints. All existing checkpoints established

pursuant to SP Ordinance No.12, series of 2004, shall be adopted and be given more powers and

functions based on the following standards.

Team Leader of the Checkpoints shall be appointed by the Governor preferably a Licensed

Forester with competent skills in forest economics and wood identifications;

Be empowered to apprehend, seize and issue seizure receipt;

File appropriate complaints and to deliver the seized products including its conveyances and

other equipments used in the commission of the crime to the proper authorities authorized by law

for its disposition;

Provide feedback to the Governor and submit weekly report copy furnish the PENRO-LGU, and

Initiate measures that will identify unscrupulous smugglers of forest and other mineral products.

Section 229. Sharing Scheme on Fines Collected from Penalties. The sharing of fines

collected shall be 40% for the provincial government, 30% for the municipality and 30% for the

barangay.

Section 230. Rewards to Informants. Any person who can provide information to the office of

the Provincial Governor that leads to the apprehension and confiscation of the illegally cut,

gathered, removed, possessed or transported forest and other natural resources products in

violation of this code and applicable provisions of the national laws, shall be rewarded in the

amount not less than twenty percent (20%) of the gross proceeds derived from the sales of the

said confiscated forest and other natural resources products.


85

XVIII

RESEARCH DEVELOPMENT AND ENVIRONMENTAL AWARENESS PROMOTION

Section 231. Operative Principles. This Article covers research and promotional activities

relating to the implementation of the Province’ Environment and Natural Resources

development, protection, utilization and sustainability.

Section 232. Natural Resource Data Base System. The Provincial Government and the

Municipalities shall establish a Natural Resource Data Base System in their respective local

government units. The MENR Officer and Municipal Planning Office in coordination with

DENR shall endeavor to have an updated data on mineral resources, timber plantation, major and

minor forest products and other natural resources presently available within their jurisdiction.

Section 233. Research and Development Programs. The Provincial Government through the

PENRO-LGU shall conduct researches and various scientific environment and natural resources

related studies for the present use and future advancement of technologies that will lead to the

formulation of an effective plan and strategies for the development, protection, and conservation

of the province’ environment and natural resources, including promotion of wise use and

utilization of its by-products and derivatives, such as but not limited to the following:

(a) Plant species and site suitability/ matching

(b) Silvicultural practices

(c) Cloning technology

(d) Maximum utilization of wood products and wood wastes

(e) Management in-placed over watersheds and other protected areas

(f) Resources valuation and accounting

(g) Cultural resource identification and preservation, and

(h) Other related researches and studies which shall contribute to the protection and

sustainability program of the forest and other natural resources of the province.

(d) Solid Waste Management

Section 234. Resource Valuation. Resources valuation shall be an integral part of any programs

and projects to be implemented within the province and shall always be the primary

consideration in planning and policy formulation.

Section 235. Environmental Awareness and Advocacy. The Provincial and Municipal

Governments in pursuit of its conservation and awareness program shall;

(a) Promote environmental advocacy to all sectors, public and private schools and institution in

coordination with the DepEd and CHEd. The provincial school board shall be tasked to make

official representation to include the environmental awareness among the regular subject of the

school curricula at all levels.

(b) Top the media institutions, personalities, civic and other environmental groups in the

promotion of environmental advocacy.

(c) Conduct periodic educational campaign and extension services to all Barangays within its

territorial jurisdiction;

Section 236. Budgetary Allocation on Environmental Management Activities under the Twenty Percent (20%) Development Fund. Subject to the consideration by the Barangay,

municipal and provincial development councils within the province, the Provincial Governor,


86

Municipal Mayors and the Punong Barangays and their respective Local Finance Committees

and through their respective Sanggunians, shall, in accordance with the Department of Interior

and Local Government and the Department of Budget and Management (DILG-DBM) Joint

Memorandum Circular No. 01, series of 2005, allocate a portion of their respective 20%

development funds, in the implementation of projects related to environmental management

activities for the programs and projects prescribed hereunder:

a) Construction/rehabilitation of Sanitary Landfill or Controlled Dumpsite and in the procurement

of garbage trucks or related equipments.

b) Community reforestation or urban forestry and greenery program.

c) Flood control programs as project such as de-clogging of canals or desilting of rivers.

Other environmental management programs or projects that promote air and water quality, as

well as productivity of coastal or freshwater habitat, agricultural land and forest land.

In no case shall programs and projects budgetary allocation shall be enacted, implemented

without the appropriate planning and programming on environmental management and related

activities.

Section 237. Allocation of proceeds derived from local fees and charges. The Provincial

Government, Municipalities and Barangays shall allocate at least fifty percent (50%) of their

respective net shares and local collections derived from forest fees and charges, minerals as well

as their respective shares from the national wealth, strictly for the research and development and

conservation programs and projects of the environment and natural resources.

Section 238. Fund Support. The Provincial and Municipal governments shall provide funds

intended for the research and environmental conservation and awareness program which shall

form part of the regular annual budget appropriation.

ARTICLE XIX

EASTERN SAMAR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT

COUNCIL (ESESDC

Section 239. Creation. There is hereby created the Eastern Samar Environment and Sustainable

Development Council (ESESDC) which shall have the following composition:

Section 240. Powers and Functions. The powers and functions of Eastern Samar Environment

and Sustainable Development Council (ESESDC):

(a) Acts as a Review and Recommendatory Body.

(a.1) To review and ensure the implementation of programs and projects relating to the

province’ environment and natural resources shall be in accordance with the existing policies,

laws, rules and regulations presently adopted by the Provincial Government;

(a.2) To recommend and provide directions in the form of policy reforms, programs/projects

and new local legislations that respond to the continuing and emerging issues and charting future

actions related to environmental protection, development and sustainability.

(b) Performs Oversight Functions.


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(b.1) To help ensure that there shall be no implementation of programs and projects by the

national government agencies and offices including government owned or controlled

corporations relating to environment and natural resources unless prior consultation with

appropriate local government units, non-government and people’s organization and other sectors

of the community shall be conducted with written consent from the concerned chief executive

and prior approval of the Sanggunian is obtained.

(b.2) As an oversight body, they may act as fact finding commission when authorized by the

governor and shall investigate and initiate to file appropriate charges in proper court against

violators of the provisions of this code.

(c) Management Committee. The ESESDC shall be composed of the following Committees

to operationalizing its activities. These committees shall be composed of a committee chairman

and at least three members who are council members, and shall be appointed by the ESESDC

chairman, viz:

(c.1) Water Resources Management Committee

(c.2) Forest Resources Management Committee

(c.3) Mineral Resources Management Committee

(c.4) Waste Management and Pollution Control Committee

(c.5) Biodiversity Management and Eastern Samar Marsh Committee

(c.6) Engineering and Energy Management Committee

(c.7) Legal and Law Enforcement Committee. The committee shall facilitate legal proceedings

and shall assist in the prosecution of the violators of this code including the filing of appropriate

cases and information to the proper court.

Section 241. Composition. The ESESDC shall be composed of:

a. The Governor as the Council Chairman;

b. The Sangguniang Panlalawigan Committee Chairman on Environment as the Vice-Chairman

c. Non-Government Organizations as the Co-Vice Chairman

d. Representatives from concerned Civil Society Organizations, Government Line Agencies,

Business Sectors, Religious and Civic Organizations as members

Section 242. Meetings. The ESESDC shall meet at least once in every quarter and shall tackle

issues and concerns confronting the implementation of various related programs and projects

pertaining to the development, protection and utilization of the province’ environment and

natural resources. They shall however, have special and emergency meetings as often as the

Chairperson will determine based on official recommendation submitted by the Secretariat.

All decisions made by the ESESDC shall be adopted by a majority vote of all members present

in the meeting duly called for the purpose where there is quorum. However, in the absence of a

quorum, the Chairman may exercise such powers and act to such matters as the exigencies of the

situation may require. A majority of all the members shall constitute a quorum.

Section 243. The Secretariat – Powers and Functions. The Research Development and

Coordinating Division, under the office of the PENRO-LGU, shall serve as THE


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SECRETARIAT TO THE ESESDC. Additional to the research and development coordinating

affairs mentioned in Section 150 of this code.

ARTICLE XX

FINAL PROVISIONS

Section 244. Mandatory Review. The Sangguniang Panlalawigan shall undertake a mandatory

review of this Code at least once every five (5) years and/or as often as it maybe deemed

necessary, to ensure that all environmental policies and guidelines remain responsive to changing

circumstances.

Section 245. Implementing Rules and Regulations-The Governor, in consultation with the

Sangguniang and upon recommendation of the Provincial Planning and Development Office,

Provincial ENRO, Provincial Tourism Officer, and Provincial Agriculturist shall promulgate the

rules and regulations necessary to implement effectively the provisions of this Code which shall

include all prohibitive acts under this code and providing penalties thereon.

Section 246. Applicability Clause-Provisions in such other laws, provincial ordinances of Leyte

and regulations as they pertain to the subject matters included in this Code and applicable to the

Province are made integral parts of this Code.

Section 247. Reparability Clause-If, for any reason, any part or provision of this Code shall be

declared unconstitutional or invalid by the court, or suspended or revoked by competent

authorities, other parts of the provisions thereof which are not affected thereby shall continue to

be in full force and effect.

Section 248. Repealing Clause- All ordinances, executive orders, proclamations and

administrative regulations, or parts thereof, which are inconsistent with any provision of this

Code are hereby repealed or modified accordingly.

Section 249. Suppletory Clause-On matters not provided for in this Code, existing applicable

laws and their corresponding implementing rules and regulations, executive fiats and relevant

issuances thereon, shall apply in the supplemental manner.

Section 250. Effectivity Clause-This Code shall take effect thirty (30) days from the date of

approval and final publication in a newspaper or / and radio of general circulation at least

regional circulation and posting of copies in conspicuous places in the provincial capitol.

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