Republic of the Philippines

Cordillera Administrative Region

Province of Kalinga
MUNICIPALITY OF PASIL

OFFICE OF THE SANGGUNIANG BAYAN

__________________________________________________________________________

MUNICIPAL ORDINANCE NO. 2014-01

(Authored by Hon. Samuel W. Taya-an)

“AN ORDINANCE ENACTING THE ENVIRONMENTAL CODE OF PASIL MUNICIPALITY.”

Be it enacted by the Sangguniang Bayan of Pasil in session assembled, that:

ARTICLE I. GENERAL PROVISIONS

Section 1. Title. This ordinance shall be known as the Environmental Code of Pasil and herein
after be referred as a Code. (It covers all general and special administrative ordinances enacted over the
years. Sangguniang Bayan Resolutions, as well as provisions from Executive Orders issued by
conservation, utilization and management of the environment, specifically along the areas of land, air, and
water.)

Section 2. Authority and Purpose. This Code is enacted pursuant to the provisions of Republic Act
No.7160, also known as the Local Government Code of 1991, particularly sections 2(a), 2(c), 3(d) up to
3(m), 5(a), 5(c), 16, 17, 26 and 27, 33 to 36, 129, 186, 289 thereof; including sections 389 (b) (9), 444 (b)
(3) (vii), 455 (b) (3) (vii), 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) (1) (vi), Section 458 (1) (vi), and Section 468 (a) (1)
(vi), which provides for the authorities of the Sangguniang Bayan, Sangguniang Panglunsod, and
Sangguniang Panlalawigan, respectively, to protect the environment and impose appropriate penalties for
acts which endanger the environment, such as dynamite fishing and other forms of illegal fishing, illegal
logging and smuggling of logs, smuggling of natural resources products and endangered species of flora
and fauna, slash and burn farming and such other activities which results in pollution, acceleration of
euthrophication of rivers and lakes, or of ecological balance.

The Constitution of the Philippines (Art. II, Section 16), “The State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”.

NIPAS Law (National Integrated Protected Areas System)/ R.A.7586. This is the processes, presence
of genetic diversity, ensure sustainable use of resources and maintain their natural conditions to the
greatest extent possible.

Rio Declaration (U.N. Conference on Environment and Development) Local Authorities Initiatives in
Support of Agenda 21. Local Authorities construct, operate and maintain economics, social and
environmental infrastructure, oversee planning processes, establish local environment policies and
regulations, and assist in implementing national and sub-national environmental policies. The Local
Government Unit plays a pivotal role in educating, mobilizing and responding to the public to promote
sustainable development.

International Protocols to which the Philippines is a signatory under the United Nation Convention on
the Law of the Sea (UNCLOS): States should prohibit dynamites, poisoning and other comparable
destructive fishing practices and should take measures to increase the availability of marine living
resources by reducing waste, post-harvest losses and discards, and improve techniques of processing,
distribution and transportation.

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Section 3. Objectives and Purposes

Objectives:
a) To promote the principles of ecologically sustainable development:

1. 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.

2. Sustaining the potential of natural and physical resources to meet the reasonably
foreseeable needs of future generations;

3. Safeguarding the life supporting capacity of air, water, land and ecosystems;

4. Avoiding, remedying or mitigating any adverse effects of activities in the environment;

that proper weight should be given to both long and short terms economic environmental,
social and equity consideration in deciding all matters relating to environmental
resources, use, protection, restoration and enhancement.

b) To ensure that all reasonable and practicable measures are taken by LGU,s to protect, restore
and enhance the quality of the environment having regard to the principles of ecologically
sustainable development by:

1. Preventing, reducing, minimizing and, where practicable, eliminating harm to the

environment.

2. Implementing programs to encourage and assist action by industry, government

authorities and the community aimed at pollution prevention, clean productions and
technologies, reduction, reuse and recycling of materials and natural resources and waste
minimization.

3. Regulating in an integrated, systematic and cost effective manner activities, products,

substances and services that through pollution or production of waste, cause
environmental harm through generation, storage, transportation, treatment and disposal of
waste.

4. Coordinating activities, policies and programs necessary to prevent, reduce, minimize or

eliminate environmental harm to ensure environmental protection, restoration and
enhancement.

5. Facilitating the adoption and implementation of environment protection measures agreed

on by the National Government and Local Government Units in the municipality under
the inter- LGU arrangements for greater uniformity and effectiveness in environmental
protection.

6. Applying 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.

7. Requiring persons natural or juridical engage in polluting activities to progressively make

environmental improvements including reduction of pollution and waste at source as
much as improvements become practicable through technological and economic
developments

8. Allocating the cost of environmental protection and restoration equitably and in a manner
that encourages responsible use of and reduced harm to the environment with polluters

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 bearing an appropriate share of the costs that arise from their activities, products,
substances and services.

9. Provide for monitoring and reporting of environmental quality on a regular basis to

ensure compliance with environmental laws, rules and regulations and the maintenance of
a records of trends in environmental quality.

10. Provide for reporting of the state of the environment on a periodic basis

11. Promote:
- Industry and community education and involvement in decisions about the
protection, restoration and enhancement of the environment.
- Disclosure of and public access to information about significant environmental
incidents and hazards.
Purposes:
a) Operate the powers and responsibilities of the local government units of Pasil 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 municipality.
d) Regulate, control and guide future growth and development of the municipality in the pursuit
of its common vision of progress through Agro-Industrial and ecotourism development within
the context of wise management and utilization of the natural, biophysical, geological,
cultural and historical heritage of the Pasilians.
e) Inform the citizens on the environment and natural resources management policy of the
Municipal Government of Pasil; and
f) Establish the mechanism for implementing the provisions of this Code.

Section 4. Operative Principles.

a) The active participations of Pasilians is the key to the attainment of sustainable development;
b) The people are the stewards of God’s gift of nature for sustainable livelihood;
c) The enactment and enforcement of laws concerning the protection and conservation of the
environment shall be just and consistent with the laws of nature;
d) The use of environment-friendly and appropriate technologies is a basic foundation for a
healthy and progressive generation;
e) All development activities shall always give importance and respect for the indigenous
culture and practices of the people including gender, and population concerns consistent with
ecological principles;
f) The sustainable economic development of Pasil calls for a judicious use of natural resources
and an equitable access to all in accordance with existing laws; and
g) All Pasilians have the right to be informed and to participate in all undertakings 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
Pasilians as occasioned by the growing scarcity and declining productivity of our natural resources, and
considering that environment and natural resources management within the municipality transcends
barangay boundaries, it is hereby declared the policy of the municipal government to secure for the use
and enjoyment of the present and future generations of Pasilians the perpetual existence of adequate
environment and natural resources in order to support indefinitely the sustainable development of the
municipality.

Section 6. Conflicting Provisions of Sections. Should the provisions of the different sections in this
code conflict or contravene with one another, the last provision prevail.
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Section 7. Existing Rights. Whatever rights acquired before the effectivity of this code shall not be
affected by this case. However, procedures thereafter shall conform to the provisions of this code.

Section 8. Rules in Interpreting the Code.

a) General Rule. All words and phrases shall be construed and understood according to the
common and approved usage of the language; but technical words and phrases and such others as
may have acquired a peculiar and appropriate meaning in the law shall be construed and
understood according to that peculiar and appropriate meaning.

b) Person. The word “person” shall extend and be applied to natural and juridical persons such as
firms, corporations, individuals, and associations.

c) Tenses. The use of any verb in the present tense shall include the future when applicable.

d) Shall Have Been. The word “shall have been” includes past and future cases.

e) Shall. “Shall” is mandatory.

f) May. “May” is permissive.

g) Reasonable Time or Notice. In all cases where any provision of this code shall require any act to
be done and a reasonable notice to be given, that reasonable time or notice shall mean such time
only as may be necessary for the prompt performance of that duty, or compliance with that notice.

h) Computation of Time. When the Code refers to a day that means a working day for government
offices beginning from 8:00 in the morning up to 5:00 in the afternoon from Monday to Friday
except Holiday.

Section 9. Specific Aspects:

a) Vision Statement. Our vision is to see the Municipality of Pasil to be a modern urban center
where the engines of growth – trade, service, manufacturing, construction – can thrive and
prosper so that they can meaningfully contribute to the well-being of our people.

Stability, prosperity, employment, education, culture, health, social justice, comfort,

order, peace, environment protection, improved public morals and the convenience of the
inhabitants, shall be given the necessary consideration for the attainment of a better quality of life
for the people of Pasil.

b) Commitment. The Municipality hereby commits to effectively and efficiently implement this
code and in support thereof to make available adequate manpower, funding, equipments,
machineries and other resources.

c) Basic Principles. The principles involved hereon are the following:

1. Integration. Characterized by comprehensive scope, coherent and consistent strategies and cost-
effectiveness of results of the policy making and implementation processes to be undertaken.
Integration is the principle behind the mandate for the Municipality to implement and translate
into its development initiatives – national and local policies, plans and programs.

2. Interdisciplinary. Refers to the recognition of the need to a diver’s field of knowledge to include
natural, social, and engineering sciences aside from available traditional knowledge.

3. Precautionary Principle. This is a principle wherein the municipal government will take
immediate preventive action, using the best available knowledge, in situations where there is
reason to think that something is causing a potentially severe or irreparable environment harm –
even in the absence of conclusive scientific evidence establishing a casual link. This principle
also applies in the formulation of predictive policies in Local Environment Management.
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 4. Polluter Pay Principle. Polluters assume the external costs of population upon the community
and environment. Negotiated compensation for damages caused to the physical environment is
hereby adopted.

5. Intergeneration Equity. That means ensuring equal access to goods and resources for people in
the present and future generations.

6. Public Participation. That which consists in the appropriate access to information held by public
authorities and the participation of the general public in the decision making process. This is
necessary for stakeholders to gain a sense of ownership to the issues sought to be addressed, and
to the intervention and solutions which are decided upon as necessary.

This is also a way to decentralize responsibility for environment protection and

conservation and ultimately empower communities without using the coercive power of the state.

7. Indigenous and Community-Based Management. In recognition of effective tradition practices

in environment management, as well as the right and duty of local communities’ degradation to
conserve and protect the environment and natural heritage.

Important in this is the notion of the right to development as the third generation of human rights.

Section 10. Environmental Assessment Policies. The Municipality of Pasil hereby adopts policies
that will promote the environment-friendly activities of residences, business, industries in Pasil in as far
as infrastructure and social services are concerned.

Any proposed project needing the approval of the Municipal Government or requiring the
issuance of a permit shall not cause significant negative environmental impact on the physical, biological
and socio-economic environment.

There shall be conducted a yearly inspection of business sites and premises to determine the
preservation of the physical environment. Should there be findings of the degradation, destruction or
violations of the environment, the full force of the law shall be applied to the violators.

Section 11. Annual Environmental Assessment. The operation, premises, facilities and systems of all
industrial manufacturing and similar business establishments shall be subject to annual environmental
assessment which shall be conducted by the Department of Environment and Natural Resources (DENR),
Pasil Municipal Environment and Natural Resources Office (MENRO), Religious Sector and the Non-
Government Organizations (NGOs) and other concerned national agencies.

Section 12. Environment Audit. There shall be conducted once a year an environmental audit to
determine the changes in land use resources, state of water, biodiversity, demographic dynamics and other
important aspects of environmental management and ultimately to establish the causes and effects of such
changes on the life of the people and the exercise of regulatory powers of the local governments.

Section 13. Bases for Action. Considering the extent and complexity of environmental initiatives, the
following local and international policy instruments are hereby considered to ensure an efficient use and
conservation of the Municipality’s land resources, to wit:

ARTICLE II. DEFINITION OF TERMS

Section 14. As Used in Land Resources Management. The following terms are conceptually and/or
operationally defined as follows:

1. Act. Refers to Republic Act No. 7160 otherwise known as the Local Government Code of 1991
amended;

2. Ancestral lands. Refers to all lands exclusively and actually possessed, occupied or utilized by
Indigenous Cultural Communities by themselves or through their ancestors in accordance with
the customs and traditions since time immemorial and as may be defined and delineated by law.
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3. Agricultural Lands. Lands of the public domain which are neither forest or mineral lands, or
national parks.

4. Alienation, Disposition or Concession. Any of the modes authorized by the laws of the
Philippines for the acquisition, lease of use of the lands of the public domain other than forest,
mineral or national parks.

5. Assisted Natural Regeneration (ANR), the process of rehabilitating denuded forest lands by
taking advantage of trees already growing in the area. This usually involves the following
activities: locating and releasing indigenous trees, maintenance, augmentation, planting and
protection.

6. Buffer Zones. Identified areas outside the boundaries of; and immediately adjacent, to
designated protected areas that need special development control in order to avoid or minimize
harm to the protected area.

7. Clean and Green Campaign. Deals with the massive clearing of the municipality and the
planting and maintenance of trees as well as intensive beautification drive in consonance with
the national government’s goals and objectives.

8. Commercial Lands. Portion of alienable and disposable lands of the public domain classified
as suitable and intended for trading of goods and services by competent authority.

9. Contract Reforestation. Implementation of reforestation activities through written agreements

with the community of local governments.

10. Cover Crop Planning. Process of conditioning denuded areas which are highly cogonal, rocky
or erodible calopognium, stylosanthes, desmonium by planting lablab, bean, patani, or by
planting suitable non-legumes such as morning glory vine, wild sunflower and kikuyu grass in
order to improve soil fertility, organic matter, and water holding capacity prior to or concurrent
with the planting of trees and other perennials in such areas.

11. Enrichment Planning. Process of integrating fuel wood, timber and non-timber crops in
adequately-stocked reforestation projects previously implemented for the purpose of increasing
wood supply for the people and enhancing the income-generating potential of such projects.

12. Farm Lands. Lands intended for or actually devoted to the production of food, including
plantations, except fishponds and other adjoining bodies of water.

13. Industrial Lands. Public lands within the zone established by the municipality for the
manufacture and production of large quantities of goods and commodities.

14. Land Classification. Assessment, appraisal, and determination of land potentials which include
survey and classification of land resources and the study and mapping of the soil.

15. Land Reclassification. Subsequent classification, allocation, and disposition of alienable and
disposable lands of the public domain into specific uses.

16. Land Resources. All terrestrial, subterranean, and all geological features and land masses of the
public domain and private domain of the State within the respective geographical jurisdiction of
the Municipality, including all flora and fauna, minerals and aquatic resources that dwell or
exists upon it.

17. Land Use Planning. Act of defining the allocation, utilization, development, and management
of all lands within a given territory or jurisdiction according to the inherent qualities of the land
itself and supportive of economic, demographic, socio-cultural and environmental objectives as
an aid to decision making and legislation.

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18. NIPAS. The National Integrated Protected Areas System is the classification and administration
of all designated protected areas to maintain essential ecological processes and life-support
systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and
to maintain their natural conditions to the greatest extent possible.

19. Population, Resources and Environmental Balance. A condition where there is harmonious
interaction between and among population, resources and environment towards sustainable
development. This means that population factors such as size, growth, age-sex structure,
distribution, as well as their activities do not compromise the replenishment and conservation of
resources and the preservation of the environment and vice versa.

20. Population and Development Planning Approach. The development of a mindset to look at
all the socio-economic and demographic interrelationships in formulating, implementing,
monitoring and evaluating plans and programs.

21. Protected Area. Identified portions of land and water set aside by reason of their unique
physical and biological significance, managed to enhance bio-diversity and protected against
destructive human exploitation.

22. Public Domain. Lands which belong to the State, Province, Municipality and Barangay in its
proprietary capacity.

23. Reforestation. Planting of denuded forest lands with trees and other perennials. It shall include
all direct and indirect activities necessary to establish forest plantations, such as: identification
of sites, surveying, mapping and planning. Construction of infrastructure, seedling production,
site preparation, enrichment planting and intercropping, monitoring and evaluation.

24. Residential Lands. Public lands intended to or devoted to the construction and establishment of
dwellings.

25. Resource Reserve. An extensive and relatively isolated and uninhabited area normally with
difficult access designated as such to protect natural resource of the area for future use and to
prevent development establishment of objectives based upon appropriate knowledge and
planning.

26. Zoning. Refers to the delineation/division of a municipality into functional zones where only
specific land uses are allowed. It directs and regulates the use of all lands in the community in
accordance with an approved or adopted land use plan for the municipality. It regulates land
uses and prescribes limitations on structures/infrastructures thereon.

27. Zoning Ordinance. An ordinance which classifies, delineates, defines, designates different land
uses in the municipality, requiring fees and imposing penalties.

28. Protected Area- refers to identified portions of land and water set aside by law by reason of
their unique physical and biological significance, manage to enhance biological diversity and
protected against destructive human exploitations, as provided in RA 7586 (NIPAS Act of
1992).

29. Public Forest Lands- refer to those lands of public domain which have been set aside by law
for forest purposes. These lands may be either presently forested or denuded.

30. Public Consultation- refers to a stage of public participation at which information is

disseminated and opinions gathered.

31. Quarry Resources- means any common stone or other common mineral substance such as, but
not restricted to marble, granite, volcanic cinders, basalt, tuff, and rock phosphate; provided,
they contain no metals or other valuable minerals in economically workable quantities.

32. Small Scale Mining- refers to mining activities which rely heavily on manual labor using
simple elements and methods and do not use explosives and heavy mining equipments.
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33. Watershed- is a land area drained by a stream or fixed body of water and its tributaries having
a common outlet for surface runoff. Small watershed areas specifically referred to those that are
identified by local governments or the proper agency as sources of water supply for particular
local communities.

34. Annual En Act- Refers to Republic Act No. 7160 otherwise known as the Local Government
Code of 1991 amended.

35. Environmental Protection & Enhancement Program- refers to a yearly environment

management work plan based on the approved Environmental Protection & Enhancement
Strategy.

36. Alienable and Disposable (A & D) Lands- refers to those lands of the public domain which
have been declared by law as not needed for forest purposes.

37. Ambient Air Quality- means the general amount of pollution present in a broad area and refers
to the atmosphere’s average purity as distinguished from discharge measures taken at the source
of pollution.

38. Ancestral Domain- refers to all areas generally belonging to ICCs/IPs comprising lands, inland
waters, coastal areas and natural resources therein, held under the claim of ownership, occupied
or possessed by ICCs/IPs by themselves or through their ancestors, communally or individually
since time immemorial, continuously to the present except when interrupted by war, force
majeure or displacement by force deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private individuals/ corporations
and which are necessary to ensure their economic, social and cultural welfare.

It shall include ancestral lands, forest, pasture, residential, agricultural and other land
individually owned whether alienable or disposable or otherwise, hunting grounds, burial
grounds, worship areas; bodies of water, mineral and other natural resources, and lands which
may no longer be exclusively occupied by ICCs/IPs but not from which they traditionally had
access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs
who are still nomadic and/ or shifting cultivators.

39. Animal Production Zone- refers to an area in the municipality for the production of animals
which may include pasture plants, piggery and poultry.

40. Bio- degradable Wastes- involve wastes that are easily decomposed due to the action of
biological agents such as micro- organisms.

41. Biological Diversity- means the variability among living organisms from all sources including
terrestrial, marine, and other aquatic ecosystem and the ecological complexes of which they are
part; this includes diversity within species, between species and ecosystem.

42. Built- up Areas- refers to the portions of land within the municipality or barangays actually
occupied as residential, commercial, or industrial areas as embodied in a duly approved land use
plan by the appropriate Sanggunian.

43. Buffer Zones- are identified areas outside the boundaries of and immediately adjacent to
designated protected areas and need special development control in order to avoid or minimize
harm to the protected area.

44. Carrying Capacity- as it relates to eco- tourism refers to the number of visitors per unit time
that an eco- tourist’s site can accommodate without unduly affecting the quality of the
environment or causing degradation.

45. Certificate of Ancestral Domain Title (CADT) – refers to a title formally recognizing the
right possession and ownership of ICCs/IPs over their ancestral domain identified and
delineated in accordance with the law.

46. Certificate of Ancestral Land Title (CALT) - refers to a title formally recognizing the rights
of IPs over their ancestral lands.

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47. Certificate of Non- Coverage- is a certificate issued by the Environmental Management
Bureau certifying that, based on the submitted project description; the project is not covered by
Environmental Compliance Certificate (ECC).

48. Crop Production Zone- refers to the part of the municipality specifically designated to crop
production.

49. Code- shall refer to this code.

50. Commercial Production- refers to the production of sufficient quality of minerals to sustain
economic viability of mining operations reckoned from the date of commercial operation forms
of business.

51. Communal Forest- refers to a tract of land set aside by the Secretary of DENR upon
recommendation of the concerned LGU for the use of the residents of the municipality who may
cut, collect and remove forest products for their personal use in accordance with existing laws,
rules and regulations and subject to the provision that that utilization of resources shall be in
accordance with sustainable development. For this purpose, the concerned LGU with assistance
of the DENR shall prepare sustainable operations plan prior to any utilization.

52. Community Environment & Natural Resources Office (CENRO) - refers to the DENR
Office by a Community Environment & Natural Resources Officer appointed by the Secretary
of DENR which is responsible for the implementation of DENR policies, programs, projects
and activities as well as the enforcement of ENR laws and regulations in the community level.

53. Community- Based Forest Management Program (CBFMP) - refers to the program
involving communities which integrates and unites the Integrated Social Forestry Program
(ISPF), Forest Sector Program (FSP), Forest Land Management Agreement Program (FLMAP)
and other pre- oriented forestry projects.

54. Community Watersheds- refer to the forest land set aside by the Secretary of DENR upon
recommendation of the concerned LGU as source of water supply to specific local community
subject to the provision that the utilization of such shall be in accordance with sustainable
development.

55. Conservation- means the wise- use and optimum utilization of natural resources.

56. Contractor- means a qualified person who acts alone or in consortium who is a party to a
Mineral Agreement, Financial or Technical Assistance Agreement, Quarry and Sand & Gravel
extraction and Small- Scale Mining activities and/ or operations.

57. Contract Area- means land or body of water delineated for purposes of exploration,
development or utilization of minerals found therein.

58. Critical Watershed- refers to a drainage area of a river system, lake or water reservoir
supporting existing and proposed hydroelectric power, domestic water supply, and geothermal
irrigation works which needs immediate rehabilitation and protection to minimize soil erosion,
improve water yield and prevent possible flooding.

59. Customary Laws- refers to a body of written and/ or unwritten rules, usages, customs and
practices traditionally and continually recognized, accepted and observed by respective
ICCs/IPs.

60. DENR- means the Department of Environment and Natural Resources of the Republic of the
Philippines.

61. DENRO- refers to the Department of Environment & Natural Resources Officer with power
and authority as provided for by the law and spelled out in the deputation.

62. Devolution- refers to the act by which the national government confers power and authority as
provided for by law.

63. Ecological Profile- refers to the geographic-based instrument for planners and decision-makers
which presents a description of societal/community attributes (e.g. demography) and bio-

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 physical setting including the state of environmental quality and evaluation of the assimilative
capacity of an area.

64. Ecological Solid Waste Management (ESWM) - refers to any systematic administration of
activities which provide for segregation at source, segregated transportation, storage, transfer,
processing, treatment and disposal of solid waste management activities which do not harm the
environment.

65. Eco-Tourism- refers to the 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 the people; also green or sustainable tourism, i.e., one that respects
cultural sensitiveness in an area; should be differentiated from mass tourism which encourages
more economic activities without due regard to carrying capacity considerations.

66. Effluent- means any wastewater, partially or completely treated, or any waste liquid flowing out
of mining operations, wastewater treatment plants or tailings disposal system.

67. Emission- refers to any act of passing into the atmosphere or air contaminants, pollutant, gas
and unwanted sound from a known source.

68. Environment- shall include the biological, physical, socio- economic- cultural, politics
technological factors to which living micro- organisms, especially human beings are located in a
limited context which refers to the bio- physical factors of the total surroundings of human
being and other organisms including the land, water atmosphere, climate, sounds, odors, tastes,
the bad factors of animals and plants and the social factors of aesthetics.

69. Environmental Audit- refers to a systematic, documented verification process of objectively

obtaining and evaluating audit evidence (verifiable information, records or statements of
determine whether or not specified environmental activities, events, conditions, management, or
information with audit (policies, practices, procedures or requirements against which auditor
compares collected audit evidence about the subject matter) and communicating the result
process to the concerned stakeholders.

70. Environmental Compliance Certificate (ECC)- refers to the document issued by the
Secretary/ Regional Director/ Governor certifying that based on the representation of the
proponents prepares, (the proponents’ technical staff or the competent professional group
commissioner proponent to prepare the EIS and other related documents) as reviewed and
validated by the Environmental Impact Assessment Review Committee (EIARC), proposed
project or undertaking will not cause a significant negative environmental impact; that the
proponent has complied the requirements of the Environmental Impact Assessment System; and
that the proponent committed to implement its approved Environmental Management Plan in
the EIS or mitigation measures in the EIA.

71. Environmental Conservation (EC) - refers to any technology, practice or scheme that
preserves and conserves the nature of the environment.

72. Environment Impact Assessment (EIA) - refers to predicting the likely environment
consequences of implementing projects of the undertaking on the physical, biological and
economic environment that can be direct, cumulative and positive or negative.

73. Environmental Impacts (EI) - refer to the probable effects or consequences of proposed
project undertaking and designing appropriate mitigating and enhancement measures.

74. Environmental Impact Statement (EIS) - refers to the document/s of the studies on the
environmental impact of a project including the discussions on direct and indirect consequences
upon welfare, ecological and environmental integrity.

The EIS may vary from project to project but shall contain in any case, all relevant
information and details about the proposed undertaking, including the environmental impacts of
the project and the appropriate mitigation enhancement measures.

75. Environment Protection - refers to any activity, scheme or practice that aims to sustain or not
the natural environment setting.

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76. Environmental Work Program (EWP) - refers to the comprehensive and strategic
environment management plan to achieve the environmental management objectives, criteria
and including protection and rehabilitation of the disturbed environment during project
implementation.

77. Exploration- means searching or prospecting for mineral resources by geological, geophysical,
geochemical and/or geographical survey, remote sensing, test pitting, trenching, drilling, shaft,
sinking, tunneling or any other means for the purpose of determining their existence, extent,
quality and quantity and the feasibility of mining them for profit.

78. Farm- refers to the parcel or parcels of land having an: a) aggregate area of at least 1,000 square
meters devoted to crops; b) any area regardless of size raising at least ten(10) heads of large
animals such as cattle, horse, carabao, etc., regardless of age and kind; c) raising at least twenty
(20) heads of small animals such as hog, goat, sheep, etc., regardless of age and kind; d) with at
least (100) heads of poultry regardless of age and kind; and e) with a combination of land areas
and animals raised which amount to at least ten (10) agricultural units. Classification of farm
(based in Bureau of Agricultural Statistics) is as follows:

79. Commercial Farm- refers to any farm which satisfies at least one of the following conditions:

a) Livestock:

1. At least twenty-one (21) heads of adult and zero young animals;

2. At least forty-one (41) heads of young animals; and

3. At least ten (10) heads of adult and (22) young animals.

b) Poultry:

1. Five hundred (500) layers or one thousand (1,000) broilers:

2. One hundred (100) layers and one hundred (100) broilers if raised in combination; and

3. One hundred (100) heads of ducks regardless of age.

80. Backyard Farms refers to any other farm that does not qualify as commercial farm.

81. Financial or Technical Assistance Agreement (FTAA) means a contract involving financial
or technical assistance for large-scale exploration, development and utilization of mineral
resources.

82. Forest Reservation refers to forest lands which have been reserved by the President of the
Republic for any specific purpose/s pursuant to P.D. 705, or by any appropriate law.

83. Free and Prior Informed Consent (FPIC) refers to the consensus of all members of the
ICCs/IPs to be determined in accordance with their respective customary laws and practices,
free from any external manipulation, interference and coercion and obtained after fully
disclosing the intent and scope of the activity, in a language and process understandable to the
community.

84. Guano - refers to the accumulated droppings or excrements of bats in caves and does not
include phosphate rocks.

85. Indigenous Cultural Community/Indigenous People (ICC/IPs)- means a group or the

indigenous Filipinos who have continuously lived as communities or communally-bounded
defined land since time immemorial and have succeeded in preserving, maintaining and sharing
common bonds of languages, customs, traditions and other distinctive cultural traits.

86. Industrial Zone - refers to a section of land or area specifically for the establishment of
agricultural trades or businesses.

87. Initial Environment Examination (IEE) - refers to the document required of proponents
describing the environmental impact of and mitigation and enhancement measures for project or
undertaking located in an Environmentally Critical Area (ECA) as listed under Presidential

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 Proclamation 2146, series of 1981, as well as other areas which the President may proclaim as
environment critical in accordance with Section 4 of P.D. No. 1586.

88. Integrated Social Forestry- refers to an inter- agency national program created by Lot No.
1260, dated July 28, 1982, designed to promote the socio- economic conditions of forest
occupants and communities dependent on forest land for their livelihood, provide land tenure
and at the same time protect and improve the quality of the environment.

89. Lease- is a privilege granted by the State to a person to occupy and possess in consideration to
specified rental any land of public domain in order to undertake any authorized activity therein.

90. License- is a privilege granted by the State to a person to utilize natural resources within any
area without any right of occupation and possession over the same to the exclusion of others or
establish or operate a manufacturing plant or conducting any activity involving the utilization of
the natural resources covered by the licenses.

91. Marketing/ Trading Zone- refers to an area so designated for the buy and sale of all forest
produce.

92. Materials Recovery Facility (MRF) - shall include solid waste transfer station or sorting
station and drop- off center, a composting facility and recycling facility.

93. Metallic Mineral- means a mineral having a brilliant appearance quite opaque to light usually a
black or very dark streak and from which a metallic element/ component can be extracted/ used
for profit.

94. MENRC- refers to the Municipal Environment and Natural Resources Council.

95. Mill Tailings- means the materials whether solid, liquid or both, segregated from the ores during
concentration/ milling operations which have no present value to the generator of the same.

96. Minerals- are structurally homogenous solid of definite chemical composition formed by the
inorganic processes of nature. This definition includes ice as mineral but excludes, coal, natural
oil and gas. The only allowable exception to the rule that a mineral must be solid is native
mercury (quicksilver) which is a liquid.

97. Mineral Lands-means any area where mineral resources as herein defined is found.

98. Mineral Processing- means the milling beneficiation or upgrading of ores or minerals and rocks
or by similar means to convert the same into marketable products.

99. Mineral Processing Permit- refers to the permit granted to a qualified person for mineral
processing.

100. Mineral Products- means materials derived from ores, mineral and/ or rocks and prepared into
a marketable state by mineral processing.

101. Mineral Reservation- refer to areas established and proclaimed as such by the President upon
the recommendation of the Director of the MGB- CAR through the DENR Secretary, including
all submerged lands within the contiguous zone and Exclusive Economic Zone.

102. Mineral Resources- means any concentration of ores, minerals and/ or rocks with proven
potential economic value.

103. Ore- means a naturally occurring substance or material from which a mineral or element can be
mined and/ or processed for profit.

104. Mine Wastes- means soil and/ or rock materials from surface to underground mining
operations with no present economic value to the generator or the same.

105. Mining Application- means any application for mining permit, mineral agreement or financial
or technical assistance agreement and mineral processing.

106. Mining Area- means a portion of the contract area identified by the Contractor as defined and
delineated in the Survey Plan duly approved by the concerned Regional Director of Mines and

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 Geosciences Bureau- Cordillera Administrative Region (MGB- CAR) for purposes of
development and/ or utilization and sites for support facilities.

107. Mining Operations- means mining activities involving exploration, feasibility study,
development and exploitation.

108. Mining Permits- includes exploration, quarry, sand & gravel (commercial, industrial &
exclusive) gratuitous (government & private), guano, gemstones gathering and small- scale
mining permits, Mining Agreement, Financial or Technical Assistance Agreement and mineral
processing.

109. Mining Rights- means a right to explore, develop or utilize minerals.

110. Municipal Waters- include streams, creeks, lakes and rivers within the territorial jurisdiction
of the municipality that is not subject to private ownership and not included within national park,
forest, timberlands, forest reserves or fishery reserves.

111. Multi- Partite Monitoring Team (MPMT)- community- based multi- sectoral team organized
for purpose of monitoring the proponent’s compliance with ECC conditions, EMP and
applicable rules and regulations.

112. National Commission on Indigenous Peoples (NCIP) - refers to the office created under the
Office of the President and which shall be the primary government agency responsible in the
formulation and implementation of policies, plans and programs to recognize, protect and
promote rights of ICCs/ IPs.

113. National Integrated Protected Areas System (NIPAS)- is the classification and
administration of designated protected areas to maintain essential ecological processes and life-
support system preserve genetic diversity to ensure sustainable use of resources found therein
and to maintain natural conditions to the greatest extent possible as provided for in RA 7586
otherwise known NIPAS Act of 1992.

114. Non-Government Organization (NGO) - includes non-stock, non-profit organizations,

qualifications, expertise and objectivity in activities dealing with resource and environment
conservation, management and protection.

115. Nuisance- (article 694 of the Civil Code of the Philippines) is any act, omission, established
business, condition of property or anything else which:

a) Injures or endangers the health or safety of others; or

b) Annoys or offends the senses; or

c) Shocks, defies or disregards decency or morality; or

d) Obstructs or interferes with the free passage of any public highway or street or any body of water;
or

e) Hinders or impairs the use of property.

116. Organic Farming- refers to types of farming operation or practice that makes use of decayed
materials or animal wastes for fertilizers and usually do away from the use of chemical
pesticides.

117. Permittee- means the holder of an exploratory permit.

118. Production Forest- refers to areas with slope from 0-50 percent (%), developed to supply
commercial timber and non- timber products such as bamboo, rattan, horticultural crops(e.g.
fruit crops), mangrove, gums and resins, spices, fiber trees, vines, palms or a combination
thereof.

119. Pollution- refers to any alteration of the physical, chemical and/ or biological properties of any
water, air and/ or resources of the Philippines; or any liquid, gaseous or solid waste; or any
production of unnecessary noise or any emission of objectionable odor, or is likely to create or
to render such water, air and land resources harmful, detrimental or injurious to public health,

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 safety or welfare or which will adversely affect their utilization for domestic, commercial,
industrial, agricultural, recreational or other legitimate purposes.

120. Pollution Control Device and Facilities- refers to the infrastructure, machinery, equipment
and or/ improvement used for impounding, or treating or neutralizing, precipitating, filtering,
conveying, and cleaning mine industrial waste and tailings, as well as eliminating or reducing
hazardous effects of solid particles, chemicals, liquids or other harmful by- products and gases
emitted from any facility utilized in mining operations for their disposal.

121. Private Lands- refer to land belonging to any private person or entity which includes alienable
and disposal land being claimed by an occupant who has already acquired a vested right thereto
under the law including those whose corresponding certificate or evidence of title or patent has
not been actually issued.

122. Public Land- refers to land of the public domain which has not been classified as agricultural
land, mineral land, forest or timberland subject to management and disposition or concession
under existing laws.

123. Protection 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 nurture wildlife.

124. Pubic Consultant- refers to the stage of the public participation at which information is
disseminated and opinions gathered in order to ensure that public concerns are fully integrated
into the process of environmental impact assessment.

125. Qualified Person- means any citizen of the Philippines with the capacity to contract, or a
corporation, partnership, association or cooperative organized or authorized for the purpose of
engaging in mining with technical and financial capability to undertake mineral resources
development and duly registered in accordance with law at least sixty per centum (60 %) of the
capital which is owned by citizens of the Philippines:

Provided, that a legally organized foreign owned corporation shall be deemed a qualified
person for purposes of granting an exploration permit, financial or technical assistance
agreement or mineral processing permit (as per R.A 7942 otherwise known as the Philippine
Mining Act of 1995).

126. Quarry Resources- refers to any common rock or other mineral substances which may be
declared quarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand,
diatomaceous earth, diorite, decorative stones, gabbros, granite, limestone, marble, marl, red
burning clays for potteries and bricks, rholite, sandstone, serpentine, shale, 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, Benton talc
asbestos, barite, gypsum, bauxite, magnetite, dolomite, mica, precious and semi- precious stone
and other non- metallic minerals that may later be discovered and which the Director declares
to be economically workable quantities, shall be classified under the category of Quarry
Resources.

127. Recreation Forest- refers to a tract of public forest land, forested or non- forested, and may
contain both production and protection forest developed for the additional or primary purpose
of providing non- destructive recreational pursuits such as, but not limited to camping, bush
walking, bird watching, mountaineering, and nature observations/ studies.

128. Residential Zone- refers to an area specifically designated for the establishment of houses or
residential purpose.

129. Scoping- refers to the stage in EIS where information and assessment requirements of houses
residential purpose.

130. Small Scale Mining- refers to mining activities which rely heavily on manual labor using
similar implements and methods and do not use explosives or heavy mining equipment.

131. Small Scale Miners- refers to Filipino citizens who, individually or in the group voluntarily
form a cooperative, such a cooperative is duly licensed by the DENR to engage, under terms
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 and conditions of a contract in the extraction or removal of minerals or ore- bearing materials
from the ground.

132. Soil Conservation- refers to activity scheme of maintaining or sustaining soil physical nutrient
erosion.

133. Sloping Agricultural Land Technology (SALT) - refers to a farming operation in sloping an
alternating crop rows or crop alleys with leguminous alleys.

134. Solid Waste- refers to all putrescible, non- putrescible and discarded materials (excludes
human excrement) including but not limited to food waste, rubbish, ashes, street cleanings,
dead animals, abandoned vehicles, sewage treatment, sludge in non- liquid form, incineration
ash and residential, commercial, industrial, hospital, funeral and agricultural waste whether
combustible or non- combustible such as paper, rags, cartons, woods, tin cans, lawn clippings,
glass or litter of any kind.

135. Sustainable Production Technique- refers to any production technology that prolongs
production of crops in an area without degrading the environment.

136. Sustainable Traditional Resource Rights- refer to the rights of ICCs/IPs to sustainably
manage, protect and conserve: a) land, air water, and minerals; b) plants, animals, and other
organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of
economic ceremonial and aesthetic value in accordance with their indigenous knowledge,
beliefs, systems practices.

137. Time Immemorial- refers to a period of time when as far back as memory can go, certain
ICCs/IPOs are known to have occupied, possessed in the concept of owner, and utilized a
defined territory devolved to them by operation of customary law or inherited from their
ancestors, in accordance with their customs and traditions.

138. Watershed- is the total land area that contributes to the flow of a particular water body and
drains to a common outlet. The outlet can be another water body, river, lake or sea. It is a
natural system and its boundary can be located on the ground by connecting all the highest
points near and around the said water body thereby tracing the ridgeline that separates the flow
of water from one river to another.

139. Waste Management- includes both solid and liquid waste.

Section 15. As Used in Water and Marine Resource Management. The following terms are
operationally and/or conceptually defined:

1. Aquatic Pollution. The introduction by man or machine in the grounds of waters, freshwater of
substances or energy which likely result in such deleterious effects as to harm living and non-
living aquatic resources, posing as hazard to human health.

It may be a direct or indirect action, in or out of particular local government jurisdictions.

It includes dumping or disposal of waste or toxic substances along rivers and creeks and all
bodies of waters within the Municipality of Pasil, Kalinga.

2. Aquatic Resources. Living resources of the aquatic environment including fishes, aquatic flora
and fauna and mangroves.

3. Obbong (Serge). A fish trap made of woven fine bamboo splints sometimes provided with a non-
return valve (serge) at the gate opening to prevent escape of fish.

4. Cast Net (Tabukol). A conical net provided with lead sinkers at lower line, which is thrown by
hand to fall flat upon the surface of the water to cover the fish.

5. Fish Sanctuary Areas (FSA). A place of safety being identified within the water bodies. They
serve as sanctuaries and shelter which increase the survival of juvenile fishes and foster
reproduction, municipal fishing grounds and recreation areas.

6. Fish cage. Shall refer to closely woven bamboo screens, nylon nets or other materials either
attached to poles staked to the reservoir bottom or floating anchored to the reservoir bottoms by

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 weights enclosing a given portion of the reservoir waters and constructed for the purpose of
growing and/or culturing fish.

7. Fisherman. An individual who engage in fishing personally and/or with aid of labor from within
his immediate household.

8. Fishing. The act of catching, trapping, or taking fish from all bodies of waters of Pasil in the
manners prescribed in this Code, exclusive of the growing and/or culturing of fish in fish pens or
fish cages.

9. Fish Pen. A stationary weir or trap devised to intercept and capture fish consisting of rows of
stakes or bamboos, Palma Brava, or plastic nettings, and other materials fenced with split bamboo
matting or wire matting with one or more enclosures, usually with an easy entrance but with
difficult exit, and with or without leaders to direct the fish into a catching chambers or purse.

10. Fishery. All activities relating to the act or business of gathering, taking, culturing, preserving,
processing, and marketing of fish and other aquatic products.

11. Fishing Gear. Any instrument or equipment used to catch or take fish.

12. Gill Net (Sigay). Is a curtain-like consisting of one or more rectangular units connected with each
other which entangles fish by the gills.

13. Illegal Fishing Method. Refers to fishing with the use of gears that cause damage to ecological
processes or habitats or cause a needless depletion of fish stocks directly or indirectly. Included
are fishing with use of dynamite, other explosives or chemical compound that contains
combustible elements that upon ignition by friction, concussion, percussion or detonation, of all
parts of the compound, will kill stupefy, disable, or render unconscious any fish or aquatic
organism. It also refers to the use of any other device which causes and explosion that is capable
of producing the said harmful effects.

14. Long line. A long horizontal line with a series of branch lines attached with baited hook at the
end.

15. Wetlands. A community of plants including all species of trees, shrubs, vines, and herbs found
on swamps, or borders of swamps.

16. Marginal Fisherman. A group of people solely or primarily engaged in small-scale fishing as a
source of livelihood.

17. Municipal Waters. Include streams, rivers, creeks, brooks, springs and all bodies of waters
within the territorial jurisdiction of the municipality that are not the subject of private ownership
and not included within national parks, public forest, timberland, forest reserves or fishery
reserves.

18. Optimum Sustainable Yield (OSY). Level of fishing effort that produces the highest or most
profitable catch levels which can be sustained indefinitely considering the social, cultural and
political factors that are associated with the utilization of fishery resources.

19. Pole and Line. A pole with a single line attached to one end of a pole with one or more baited
hooks and sinker.

20. Subterranean Waters. Streams, creeks, brooks, springs and associated ground water not subject
to private ownership and not comprised within national parks, forest lands, timberland or forest
reserves, that are found beneath the terrestrial features of a municipality irrespective of depth but
extending only up to the limits of the municipality’s geographical boundaries.

21. Spear. A fishing instrument made of a rod with barb, generally thrown by hand of fired from a
gun like or bowlike device.

22. Sustenance Fishing. Fishing for domestic or family consumption with the use of one (1) hook
and one (1) pole, and where the catch does not exceed five (5) kilos per day.

23. Sport Fishing. Fishing with the use of one (1) line, one (1) pole, extended only to visitors and
tourists and unless the catch does not exceed ten (10) fish per day.
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Section 16. As used in Air Quality Management. The following terms are operationally and/or
conceptually defined:

1. Air pollutant. Any matter found in the atmosphere other than oxygen, nitrogen, water vapor,
carbon dioxide, and the inert gasses in their natural or normal concentrations, and includes
smoke, dust, soot, cinders, fly ash, and solid particles of any kind, gasses, fumes, mists, odors,
and radio-active substances.

2. Air pollution- means any alteration of the physical, chemical and biological properties of
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or
likely to create or to render the air resources of the province, harmful, detrimental, or injurious
to public health, safety or welfare or which will adversely affect the utilization of domestic,
commercial, industrial, agricultural, recreational, or other legitimate purposes.

1. Airborne Dusk of Dust. Minute solid particles released into or carried into the atmosphere by
natural forces or by any fuel-burning, combustion, or process equipment or device, or by
construction works, or by mechanical or industrial processes.

2. Ambient Air Quality. The average atmospheric purity as distinguished from discharge
measurements taken at the source of pollution. It is the general amount of pollution present in a
broad area.

3. Emission. The act of passing into the atmosphere an air contaminated, pollutant, gas stream and
unwanted sound from a known source.

4. Effluent Standards. Restrictions established to limit levels of concentration of physical,

chemical, and biological constituents which are discharge from point sources.

5. Fuel-Burning Equipment. Any equipment, device, or contrivance, and all appurtenances

thereto, including ducts, breechings, fuel-feeding equipment, ash removal equipments, controls,
stacks, and chimneys, , used primarily but not exclusively, to burn any fuel for the purpose of
direct applications or indirect heating such as the production of hot air or hot water.

6. Fugitive Particulate. The particulate matter which escapes and becomes airborne from
unenclosed industrial operation or that which escapes from incompletely or partially enclosed
operation into the outside atmosphere without being conducted through a flue pipe, stack or other
structure.

7. Greenhouse Effect. A warming near the earth’s surface that result when the earth’s atmosphere
traps the sun’s heat. The greenhouse effect received its name because the earth’s atmosphere traps
the sun’s heat. The greenhouse effect received its name because the earth’s atmosphere acts much
like the glass or plastic roof and walls of a greenhouse. The earth’s atmosphere allows most of the
sunlight that reaches it to pass through and heat the earth’s surface.

The earth sends the heat energy back into the atmosphere as infrared radiation. Much of
this radiation does not pass freely into space because certain gasses in the atmosphere absorb in.
These gasses include carbon dioxide, ozone, and water vapor. They grow warm and send infrared
radiation back toward the earth, adding to the warming at the surface.

8. Particulates or Suspended Particulates. Any material, other than uncombined water, which
exists in a finely divided form as a liquid or solid.

9. Smoke. Gas-borne particulates resulting from incomplete combustion, consisting predominantly,

but not exclusively, of carbon, ashes, or other combustion material.

10. Standard of Limit. The concentration of any air contaminated which, in order to protect the
public health and welfare, shall not be exceeded at a particular region or zone, and at a specified
period of time. Standards are enforceable and must be complied with by the owner or person in
charge of an industrial operation, process or trade.

11. Volatile Organic Compound. Any compound containing carbon and hydrogen in combination
with any other element which has an absolute vapor pressure of 0.10 kg/cm2 equivalent to 77.6
mm Hg. or greater under actual storage conditions. Organic solvents include diluents and thinners

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 and are defined as chemical compounds of carbon dioxide which are liquids at standard
conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.

Section 17. As used in Solid Waste Management. The following terms are operationally and / or
conceptually defined:

1. Biodegradable. Any material that can be reduced into finer particles degraded or decomposed by
microbiological organisms or enzymes.

2. Biogas Digester. Are two kinds: the “poso-negro” Taiwan types of the above-ground; portable
Valderia model. Biogas is a mixture of methane, carbon dioxide, and traces of inert gases
produced by the fermentation of animal manure organic waster in an airtight digester chamber.

3. Compost. Decayed organic material for use as soil conditioner or fertilizer.

4. Composting. Biological degradation under controlled conditions; the process of making

biodegradable such as food waste, garden waste, animal waste, human waste into compost by
mixing them with soil, water, and whenever necessary, biological additives or activators, and air.

5. Domestic Waste. Is the refuse from household, as distinguished from industrial waste,
agricultural waste, hospital waste, etc. which may be classified as biodegradable or compostable
and non-biodegradable or non-compostable.

6. Enzymes. A protein produced by coals, with substances that initiate or accelerate chemical
reactions in plants or animal matter, acting like an organic catalyst.

7. Factory Returnable. All non-biodegradables, non-compostable such as cans / metals: bottles/

glass including broken pieces: plastic /Styrofoam / rubber / dry paper/ dry cardboard / dry cloth /
fibers / leather / feather / hard shells / hard bones, etc. Which are segregated in separate
containers or placed in one sack (cans, bottles, containers already rinsed) and are sold / given
away to collectors.

8. Food Materials. All food waste, peelings, veggie trims, fish entrails, fowl innards, spoiled fruits,
leftovers, egg shells, rice / fish / meat washings, etc. That should be collected in covered
containers as hog / chicken / duck / pets / fish feeds.

9. Fermentable. Fruit peelings, spoiled or overripe fruits, juices, e.g. buko juice, etc. which can be
made into vinegar, wine, or “nata de coco”, “nata de piña”, etc.

10. Fertilizers Materials. All compostable or biodegradables such as garden wastes (leaves, twig,
weeds) animal waste (manure, carcasses), human waste (feces, urine, blood, all excrete, spoiled
wipes, pads, diapers [without plastic portion], etc.) are made into compost for organic gardening.

11. Filling Materials. Residue left after optimum utilization of waste. Such materials can be
compacted, mixed with other materials, such as rice chaffs, then nicely pressed and bended, used
for appropriate construction projects.

12. Fine Crafts. Many of the non-biodegradables which could be used as materials for handicrafts,
cottage industries, art, works, toys, and other livelihood projects such as crafts, and wood crafts.
Styrofoam melted in small amount of gasoline solvent provides cheap glue or “binder” for many
of the projects.

13. Food materials. Includes certain types of seeds, pulp, peelings, that are made into pickles,
“sweets” or candies or snacks.

14. Functional Facilities/ Equipments. Used equipments / facilities devised or created for discards,
throw away, junks, scraps, e.g. chair, tables, doormats, play equipment from rubber tires, roofing
from milk cans, lower pots, “planters” from plastic bags, sacks, containers, etc.

15. Green Charcoal. Another form from the fuel or grass charcoal, manufactured from compostable,
organic, cellulotic materials with the use of enzymes to break down the lining or binding
materials, after which it is molded and dried then used in charcoal-fed stoves.

16. Hazardous Waste. Special types of waste containing the chemical, biological elements, which
are harmful to human health.
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 17. Incinerator. The controlled process by which combustibles wastes are burned and changes into
gasses and residue that contains little or no combustible materials.

18. Landfill Leachate. The downward seeping of water through the landfill carrying with it the
dissolved water-soluble contents of the waste, which may be collected by the underground
drainage of water system.

19. Putrescible. A substance that decomposes at a certain temperature in contact with air and
moistures, generally containing nitrogen.

20. Recycling. The re-use, retrieval, re-commission of any element or matter for any and all purposes
necessary to healthful and productive living: the process by which waste materials are
transformed into new products in such a manner the original products may lose their identity.

21. Solid Waste. Solid waste- refers to all putrescible , non-putrescible and discarded materials
(excludes human excrement) including but not limited to food waste, rubbish, ashes, street
cleanings, dead animals, abandoned vehicles, sewage treatment sludge in non liquid form,
incinerator ash and residue, commercial, industrial, hospital, funeral, and agricultural waste; and
special wastes, whether combustible or non-combustible such as paper, rags, cartons, woods, tin
cans, lawn clippings, glass or litter of any kind.

a) Biodegradable, Compostable-putrescible.
There are four (4) groups of waste under this category, such as:
1. Food (cooking) waste / kitchen waste; peelings, left over, vegetable weeds,
seeds/ inedible fruits, etc.
2. Agricultural (garden waste: leaves / flowers, twig, branches, stems, roots,
trimmings, weeds, seeds/inedible fruits, etc.)
3. Animal waste: manure/ urine, carcasses, etc.
4. Human waste: excretes, soiled pads, sanitary napkins, etc.

b) Non-Biodegradable, Compostable- putrescible.

There are ten (10) groups of waste under this category:
1. Metals: tin cans, iron, lead, copper, silver, etc.
2. Glasses: bottles, cutlets (broken glasses), sheets (sharps), mirrors, bulbs, etc.
3. Plastics: polypropylene (bags), polypropylene (straws) jute sacks / containers,
polyurethane (foam mattress), polystyrene (Styrofoam), polyvinyl (tubes, pipes,
linoleum), polyacetate (fibers, cloth, rayon), etc.
4. Rubber (natural and synthetic): tires, goods, etc.
5. Papers: dry papers, cardboard, etc.
6. Dry processed fibers: cloth, twine, etc.
7. Dry leathers, etc.
8. Hard leathers, etc.
9. Bones, and
10. Rocks

22. Solid Waste Management. The purposeful, systematic control of generation, storage, collection,
transport, separation, processing, recycling, recovery, and final disposal of solid waste.

23. Sorting at Source. The segregation or separation of waste at the point of generation or at the very
place where they are produced into biodegradable and non-biodegradable.

24. Recycling of Domestic Waste. The full utilization of domestic waste into returnable’s, feeds,
fertilizers, fuels, fine crafts, fermentable, and filling materials, either by man-made or nature-
designed recycling schemes.

25. Zero Waste Resource Management System. Is an ecological method of handling waste that
does not degrade the environment nor pollute air, water and soil, and facilitate their sanitary
retrieval, re-use or recycling.

ARTICLE III. LAND RESOURCES MANAGEMENT

Section 18. Statement of Policy and Management Directions. It is the policy of the municipality to
provide a rational, orderly and efficient acquisition and utilization of lands for the attainment of a better
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quality of life with the active participation of the Barangay people and Non-Government Organizations
(NGOs). Land and its based resources are elements of global life. They are valuable for the preservation
of all life and the perpetuation of economic benefits for man.

The economic and ecological stability of these resources are being threatened by a host of
pressures. These includes increasing population, extraction of more resources and imbalances in spatial
distribution; increasing affluence and changing consumption patterns; growth and settlements and
industries; the discharge of more waste products and natural phenomenon.

Section 19. Statement of the Resources. The Municipality of Pasil has a total land area of more or less
36, 814 hectares. It is composed of 14 Barangays.

Recently, the Municipality has the following land uses: Built-Up Areas: Residential, 27.10
hectares and Institutional, 15.05 hectares; Industrial 195.00; Agricultural 13,821.87 hectares; Road right
of way 65.00 hectares ; Forest zone 18,258.00; Water bodies 217.73; making a total of 36, 600 hectares

A total population of 9,941 in total household of 1,668 was reported by the Community Base
Monitoring System conducted in year 2010. Population will tend to increase which cause greater demand
for use of land resource be it on the aspect of residential, industrial, institutional, commercial and others.
Rapid population growth will force neighboring towns to absorb spillover from increased economic and
social activities.

Possible expansion of economic activities will cause serious effects of agricultural land due to
land conversion. Land and land dependent resources have been extracted that caused its dissipation and
affect human survival. Even the discharge of waste products as well as the disposal of the same leaves a
continuing demand for land source in terms of solid waste management and drainage.

Therefore, the value of land and its rational use, its conservation and management shall be
vigorously and consistently pursued by the municipal government for the benefits of all its residents.

Section 20. Policy on Fauna and Flora. The municipal environmental symbols adopted in accordance
with this code shall be protected, conserved, multiplied and maintained. Any act that tends to maliciously
destroy, mutilates, defoliate, poison or harm the symbols shall be held criminally liable. Likewise, the
Law on the protection of the endangered Fauna and Flora Species shall be adopted as part of this section.

Section 21. Inventory of Trees in the Municipality. There shall be installed in coordination with the
CENRO a Registry of Trees that should reflect tree classification by species, location, ownership, age and
other related data. In this regard, all trees planted within forest and alienable lands shall be numbered and
entered into the registry for monitoring and management purposes.

Section 22. Beautification, Greening along Street Shoulders and trails. All Barangays shall conduct a
beautification drive in their respective jurisdiction including the greening of street shoulders, planting
trees along the highways and placing flowers in front of residential and commercial houses.

Section 23. Comprehensive Land Use Plan and Municipal Zoning Ordinance. The comprehensive
land use plan and its accompanying zoning ordinance which was prepared before the enactment of this
code is hereby adopted. Its publication in a separate document does not affect its effectivity in relation to
this code but rather, provision hereof consistent with land use and zoning are applicable to the Land Use
Plan and Zoning Ordinance.

Section 24. Building Permit. No permit of occupancy shall be issued by the Municipal Government for
buildings, subdivisions and the like unless there are provisions for planting of trees and flowers in the
development plan duly implemented.

Section 25. Vacant Lots. Owners or administrators of vacant lots are required to plant trees and
vegetables to keep these lots “green” as well as maintain its cleanliness all the time in support to the
general objectives of productive Land Use.

Section 26. Abandoned Buildings. Owners or administrators of old ad abandoned buildings are required
to maintain its cleanliness and free it from squatters or totally demolish if needed not only in support to
beautifying the environment but also as a safeguard to accidents and other hazards.
Section 27. Prevention of Soil Erosion. Infrastructure support in the form of “rip rapping” or the
construction of creeks and rivers protection walls is implemented to prevent soil erosion.

Section 28. Banning Slash & Burn. The slash and burn system for personal gain is banned.
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Section 29. Conversion of Agricultural Lands. Pasil being the watershed area for the lowlands
particularly Lower Kalinga, Isabela and Cagayan shall limit the conversion of agricultural lands into other
uses to ten percent (10%).
Provided, that the subject of conversion is not prime agricultural land, and provided, further, that
there shall first be issued a certificate of Impact Assessment from the Department of Environment and
Natural Resources and the Department of Agriculture a certification as to the agricultural productivity and
provided, finally that the Committee on Land Use, endorses the favorable recommendation on the matter.

Section 30. Squatting. The municipal government while recognizing its role in the alleviation of poverty,
equitable and sustainable Land Use, further recognizes its social and moral responsibility towards
maintaining sanitary and hygienic conditions in human settlements in order to achieve an effective
environmental management. It shall be the policy of the municipality to contain and prevent the
aggravation of squatter settlements within the municipality. The squatting in roadsides, flood prone
waterways and similar areas is banned.

Section 31. Municipal Canals and Drainage. The canals and drainage systems within the municipality
should be properly maintained to allow efficient flow of water and effluence for sanitation purposes. The
canals and drainage systems should be regularly de-silted and dredged. Dumping of solid wastes and
garbage is punishable.

Section 32. Hunting Seasons- The hunting of wild animals in the forest within the jurisdiction of Pasil
which include but not limited to deer, wild pigs and other endangered species found on the forested area
of Pasil shall be regulated:

a) Hunting for wild pigs and deer shall be once a year by which period shall be identified by the people in
their respective barangay as they are more familiar on the hunting season within one(1) year upon the
effectivity of this Code.

Section 33. Retention of Timber within Production Forests for Protection Purposes- all trees situated
on slopes over fifty (50) percent and elevations over 1,000 meters above sea level, including those within
twenty(20) meters from both side of rivers and within ten (10) meters from both sides of roads and
highways shall be retained for protection purposes. The Mayor shall provide assistance to the Sanggunian
in the formulation of appropriate implementing ordinances for the implementation of this provision.

Section 34. Management of Protection Forests- All measures shall be adopted to actively share
responsibility with the national government, particularly, the DENR, in securing the perpetual existence
of all native plants and animals in the municipality.

Section 35. Forest Protection and Law Enforcement- the Mayor shall provide effective leadership in
the operation of inter-barangay, and multi-sectoral efforts in forest protection and law enforcement in
close collaboration with the DENR and other law enforcement agencies.

Section 36. Municipal Watersheds- Subject to provincial and national policies, the municipal
government shall be responsible in the proper management of their watershed. For this purpose, the
municipal government shall identify and delineate its municipal watershed within one (1) year upon
effectivity of this code; provided that area identification and delineation shall be undertaken in
coordination with the DENR pursuant to Sec. 17 of RA 7160 and Section 3.1(C), DAO 30, series of 1992
for areas within public lands. For watersheds within alienable and disposable lands, the establishment
thereof shall be properly coordinated with the DENR, DAR and DA.

Section 37. Development of Recreation Forest- Upon request, the Municipal Mayor shall assist
barangay governments in the establishments of revenue-generating community-based forest recreation
projects, such as, but not limited to, forest parks, botanical gardens, and camping grounds.

Section 38. Prior Consent of Sanggunians- For the purpose of implementing the provisions of this code
and pursuant to section 17 and 26, RA 7160, government agencies and instrumentalities are hereby
required to consult with local government units and obtain prior consent of the concerned Sanggunians in
the implementation and development and investment programs or projects affecting forest resources.

Henceforth, no forest resources management, development, utilization or processing project,

lease, license, agreement or usufruct permit shall be issued by national government agencies without prior
consultation and consent of local government units.

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Section 39. Acts Prohibited and Punishable 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/ chainsaws and similar tree felling
equipment shall be banned and prohibited.
c) Successive hunting, destroying or mere possessions of any plants, animals or other forest
products both living and non-living and other species considered endangered or threatened
pursuant to existing laws shall be banned and prohibited.
d) The use of unregistered or unlicensed hunting paraphernalia such as shotguns and other
pistols of any kind shall be banned and prohibited, unless a current and valid permit for the
use thereof is issued by the proper authority subject to prior clearance by the concerned
Municipal Mayor.
e) The trafficking of flora and fauna shall be prohibited, unless the Municipal Mayor and the
DENR have issued the current and valid permit for the traffic thereof from the source.
f) No person shall ignite, cause to be ignited, or maintain any open fires except in the following
activities: open fires for cooking of food for human consumption in areas designated by law;
fires for religious or ceremonial purposes; fires for the prevention and control of pests and
diseases; fires for the disposal of dangerous materials or waste subject to prior clearance or
permit issued by the Mayor; fires for training personnel in firefighting; prescribed burning for
recognized agricultural, forestry and wildlife management practices , and open fires expressly
approved by the DENR and concerned Mayor.
g) Any person or business entity that violates this ordinance shall be fined not more than P 2,
500.00 and imprisonment for 30 days or both as ordered by the court.

ARTICLE IV. MINERAL RESOURCES

Mineral Land. The municipality is richly endowed with mineral resources metallic and non- metallic still
not fully tapped. Along with its neighboring town Balbalan, it has metallic mineral deposits of Copper,
Gold, Silver and Zinc. Presence of non- metallic reserves such as sulfur, boulders, gravel and sand has no
data on the exact volumes.

Section 40. Forest Resources

a.) Scope of Powers. Pursuant to the provisions of the Local Government Code (RA 7160), as
amended, Guidelines for the Transfer and Implementation of DENR Functions to the LGUs:

i. Implementation of the following community- based forestry projects pursuant to the

provisions of DAO 30 series 1992 and JMC 98-01:

1. Integrated Social Forestry Projects (ISF), currently funded out of regular appropriations,
except at least one project per province that shall serve as research and training laboratory
as identified by the DENR and those areas located in protected areas and critical
watersheds.

2. Establishment of new regular reforestation projects, except those areas located in protected
areas and critical watersheds.

3. Completed family and community- based contract reforestation projects subject to policies
and procedures prescribed by DENR.

ii. Management and control of communal forest with an area not exceeding fifty (50) square
kilometers or five thousand (5, 000) hectares, provided that the concerned LGUs shall endeavor to
convert said areas into community forestry projects pursuant to Section 117 (b) (12) (ii) RA 7160,
as amended, DAO 30 and JMC 98-01.

iii. Management, protection, rehabilitation and maintenance of community watersheds which are
sources of local water supply.

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iv. Establishment, protection and maintenance of tree parks, greenbelts, pursuant to Section 17 (b) (2)
(ii) of RA 7160, as amended and other tourist attractions in areas identified and delineated by the
DENR, except those within protected areas and the collection of fees for their services and the use
of facilities established therein, pursuant to DAO 30, s. 1992.

v. Regulation of the sale of flora outside NIPAS areas, including industries and businesses engaged in
the propagation and development such as orchid aria and nurseries, except export and import;
provided that these business and industries are registered with the DENR for monitoring purposes
pursuant to section (b), DAO 30, 1992.

vi. Implementation of the Rehabilitation in Conservation Hotspots (RICH) project and the
Conservation of Rare Endangered Species (CARE) project in areas identified and delineated by the
DENR pursuant to DAO 30, s. 1992.

b) Governing Laws. The pertinent forestry provisions of this code shall be governed by, but not
limited to, the following National Laws:

1. RA 7160 (Local Government Code of 1991) as amended;

2. Presidential Decree No. 705 as amended otherwise known as “The Forestry Reform Code in
the Philippines”;
3. JMC 98-01- Manual Procedures for DENR-DILG-LGU partnership as devolved and other
forest management functions;
4. LOI 1260- Integrated Social Forestry Program (ISPF);
5. Republic Act 7586- National Integrated Protected Areas System (NIPAS);
6. DAO No. 30, series 1992- Guidelines for the transfer and implementation of DENR functions
devolved to local government units;
7. EO 247 series 1995- Prescribing guidelines and establishing a regulatory framework for
prospecting of biological and genetic resources, their by- products and derivatives, scientific
and commercial purpose and other purposes;
8. EO No. 263- Adopting Community- Based Forest Management as the national strategies to
ensure the sustainable development of the country’s Forest Land Resources and provides
mechanisms for its implementation.

c) Operative Principles. The timber needs of the people of Pasil shall be derived from their
respective communal forests, tree plantations in titled lots, Alienable and Disposable, Community
Based Forest Management Agreement and Ancestral Lands/ Domains.

d) Development of Production Forest. In order to provide adequate raw material stocks to meet
the increasing household, infrastructure, agricultural and industrial demand for timber firewood
and minor forest products of commercial value, the Mayor shall encourage all Barangay officials
to encourage also their constituents to develop idle titled lands, alienable and disposable lands
and ancestral lands/ domains to tree plantations to augment timber resources coming from
existing communal forests but not limited to other areas devolved to the local government.

e) Operative Principles. The forest resources in Pasil provide the basic needs of the people for
economic, ecological, aesthetic, scientific and educational aspect. More importantly, the forests
contribute in retaining life forms by providing oxygen. Several factors such as deforestation slash
and burn system of farming, illegal logging and other activities that contribute to the alarming
rate of environmental destruction have been some of the culprit. Biodiversity is also prevalent
which needs to be protected and conserved.

As such, appropriate policies in ensuring the conservation and preservation of what

remains of our forest resources have to be crafted and vigorously implemented. Such policies
should conform to the indigenous practices of the Kalinga people.

It is hereby declared that the Mayor shall exercise his executive powers to provide
leadership over the constituent to ensure the perpetual existence of adequate forests and forest
resources for use and enjoyment through local government- driven, inter- agency and multi-
sectoral forest resource management.

Further, forest management initiatives of the various local government units of Pasil shall
be consistent with the following principles:

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 1. Other basic needs such as lumber, firewood of the people of Pasil shall be met through
the legislation of local policies to the regulation of such forest resources.

2. The water needs of Pasil constituents shall not be sacrificed.

3. Recognition of indigenous practices in forest management shall be taken into

consideration in the formulation of such policies.
4. Natural forest, wildlife and landscapes shall be managed for its scientific research and
education, recreation and ecological tourism aspects such as major catalyst for the
conservation of biological diversity and the preservation of its unique, natural and
cultural heritage.

f) Retention of an ample amount of timber stands within production forest for protection
purposes. All trees situated on slopes of over fifty percent (50%) including those within twenty
(20) meters from both sides of rivers and within ten (10) meters from both sides of roads and
highways shall be retained to serve as protection of forests. The Mayor shall provide assistance to
Sanggunian in the formation of appropriate ordinances in the implementation of this particular
provision.

g) Management of Protection Forests. All measures shall be adopted to actively share

responsibility with the national government, particularly the DENR in securing the perpetual
existence of all native flora and fauna in the municipality. The Mayor shall adopt measures to
assist the DENR toward enabling the Protected Area Management Board (PAMB). As provided
for under RA 758, the immediate delineation, establishment and operationalization of strict
protection zones and habitat management zones, cultural zones and recreation zones shall be the
ultimate aim in the management of protection forests for sustained water production.

h) Municipal Land Use Committee (MLUC) Review. All government and non- government
agencies are hereby required to submit to the MLUC prior to submission to the Sangguniang
Bayan, for approval, all development and investment plans and programs and proposals affecting
forest resources. Henceforth, no forest resources agreement or usufruct permits shall be issued by
national government agencies without prior consultation and consent of the local government
units.

i) Annual Investment Plan. Upon approval of this Code shall include, but not limited to the
following:

1. Indiscriminate illegal cutting of trees in both private and public forest.

2. Taking, cutting, catching, processing, taming, selling, killing and transporting of

ecologically important flora and fauna such as but not limited to: cloud rat, Kalinga lily
(lilium Philippinensis), deer, orchids, (lady slip pier’s) pitcher plant (nepenthes), etc. in
the territorial jurisdiction of Pasil.

3. Hunting by means of traps and any hunting paraphernalia in the entire Municipality of
Pasil.

Section 41. Mineral Resources

a) Scope of Powers- in addition to the powers, duties and functions of the Punong Barangay,
Municipal Mayor, and Provincial Governor to adopt adequate measures to safeguard and
conserve land, mineral, marine, forest and other resources, as provided under Section 389(b)(9),
444(b)(3)(vii), and 465 (b)(3)(v), respectively, the powers of the Local Government Units in
respect to the management of mineral resources are provided under Section 26 and Section 27,
RA 7160, as amended (consultations and prior consent required), in addition to the powers of the
Province as provided in Section 17(b)(3)(iii) and Section 138, RA 7160, as amended and Section
43, RA 7942 (Philippine Mining Act of 1995).

Through this Code, the Municipal Government shall provide the following basic services
and facilities:
1. Enforcement of PD 1899 s. 1984 and Republic Act No. 7076 (the Small- Scale
Mining Act of 1991);
2. Issuance of permit for collection of quant pursuant to Section 3,4(b), DAO 40,
series of 1992 and extraction of quarry resources on privately owned lands and/

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 or public lands for building and construction materials pursuant to Section 43,
RA 7942 and Section 138, RA 7160, as amended;
3. Verification and adjudication of conflicts and collection of fees and charges for
guano collection and the extraction of sand, gravel, and other quarry resources;
and
4. DENR Administrative Order No. 95-23, series of 1995, as amended by AO No.
9640, series of 1996, the “Revised Implementing Rules and Regulations of the
Philippine Mining Act of 1995”.
b) Governing Laws. The pertinent mineral resources provisions of this Code shall be governed
by, but not limited to, the following national laws and regulations:

a.) RA7160 (Local Government Code of 1991), as amended

b.) Republic Act No. 7942 (Philippine Mining Act of 1995)
c.) Republic Act No. 7076 (Small Scale Mining Act)
d.) DENR Administrative Order No. 95-23, series of 1995, as amended by
DAO 96-40, series of 1996, the “Implementing Rules and Regulations of
the Mining Act of 1995”.
e.) Presidential Decree 1899, series of 1984 (Small Scale Mining Law)
f.) Republic Act 8371 (IPRA Law), specifically Administrative Order No. 3
section 3(g) FPIC- Free and Prior Informed Consent.
g.) DENR Administrative Order No. 2002-04 or the rules and regulations
governing the issuance of permits to treasure hunting, shipwreck/sunken
vessel recovery and disposition of recovered treasures/ valuable cargoes
including hoarded hidden treasures.

c) Operative Principles. The revenue generation and livelihood functions of mineral

resources notwithstanding, the increasing domestic and external demands for the utilization of
minerals for infrastructure development and industrial raw materials, and losses in public welfare
associated with unregulated mining and quarrying particularly from the adverse effects of soil
erosion, water pollution, destruction of heritage items and unique landscapes and erosion of
biological diversity, the regulatory powers of the Provincial Mining Regulatory Board (PMRB) is
hereby adopted.

d) Regulatory Provisions. It shall be unlawful for any person, natural and juridical, to
undertake quarrying and mining minerals without a permit or license duly issued by the Governor
or appropriate agency having authority and jurisdiction thereof, provided that:

1. No license, lease, agreement, and/ or permit shall be issued by the other government agencies or
Governor without the prior area clearance and/or consent of the concerned municipal officials or
Sanggunian, as the case may be. In this regard, the provisions of Section 10 of Memorandum
Order No. 99-34, series of 1999, regarding the clarificatory Guidelines in the Implementation of
DENR Administrative Order No. 96-40 or the Revised Implementation Rules and Regulations of
R.A No. 79-42 otherwise known as the Philippine Mining Act of 1995 are adopted:

“Section 10, Prior Approval by the Sanggunians”

“Prior approval or endorsement by any two concerned Sanggunians (Panlalawigan,

Bayan and Barangay) shall be required in support to mining applications intended for
development and/or utilization purposes and in case of mining applications intended for
exploration, a proof of consultation with project presentation shall be in the form of
Resolution or Certification by the concerned Sanggunian.”

2. Such prior clearance shall not apply to a private land owner to permit entry and quarrying over
his/her land for personal or commercial use. Provided, that there is adequate proof of ownership
over the land and subject to compliance with all the mandatory requirements under existing laws,
rules, and regulations.

In case the applicant/s is/are not land owner/s, an Area Clearance from the concerned
Government Agencies/Local Government Units that maybe affected by the permit application or
written permission from the landowner/s and surface owner/s of the area applied for is required as
additional supporting document in the application.

3. All mineral resources extraction activities involving metallic and/or non-metallic mineral within
Pasil shall be subject to prior compliance of the Environmental Impact Assessment System under
the Philippine Environmental Impact Assessment System.
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 4. No extraction or removal of minerals shall be allowed within a distance of one kilometer from the
boundaries of reservoirs established for the public water supply, archaeological and historical
sites and any public or private works or structures, unless prior area clearance of the agency or
owner concerned is obtained.

5. Prior to extraction, all permittees shall be required to secure business permits from concerned
barangays; and
6. The municipal government may enter into a Memorandum of Agreement with concerned local
government unit providing for direct remittance of the share due to the municipality and
barangay.

e) Exploitation of Quarry Resources. Sand, gravel and other quarry resources within the
municipality may be exploited only through a permit issued exclusively by the Governor under an
ordinance of the Sangguniang Panlalawigan pursuant to section 43, RA 7942 and Section 138,
RA 7160, to a qualified person provided that all individuals, partnerships or corporations engaged
in the exploration, development and exploitation of natural resources or in the construction of
infrastructure projects shall be required to restore or rehabilitate areas subject thereof affected
thereby to their original condition, pursuant to Presidential Decree No. 1198.

Section 42. Livestock

a) Land Livestock Resources

1. Governing Laws. The provisions of this code shall be governed by, but not limited to
Republic Act No. 8485, otherwise known as “The Animal Welfare Act of 1998”.

2. Operative Principles. The Municipal Government recognizes that the livestock industry in the
municipality, although considered backyard in nature, has valuable contribution in the economic,
cultural health, ecological, scientific and educational services, sustaining the life and development
of its people.

In recognition of the increasing demand for livestock commodities, it is hereby declared

the policy of the municipal government to provide leadership over constituent barangay
governments to ensure adequate and sound livestock resources for the use and enjoyment of its
people through local government driven, inter-agency and multi-sectoral livestock production
management.

The municipal government, barangay councils, inter-agency and multi-sectoral groups

support and encourage integrated livestock management practices and activities as follows:

a. Owners of dogs or other animals known to be carriers or vectors of rabies are

required to submit and subject their animals for anti-rabies vaccinations and are
required to pay fees prescribed thereof;
b. Persons selling, donating and shipping animals to and out of the territorial
jurisdiction of Pasil must secure a shipping permit from the municipality
concerned;
c. Owners of large animals (cattle and carabao) are required to subject their animals
for branding;
d. All barangay local government units are required to put up their own slaughter
houses;
e. All animals for slaughter must undergo ante-mortem and post-mortem
examination;
f. Owners of dogs, cats, cattles and carabaos are required to subject their animals
for registration;
g. All barangay local government units are required to conduct yearly animal
population survey;

b) Waste Management Livestock

1. Governing Laws. Refer to Section 4 of this Code

2. Operative Principles. In consideration of the over-increasing level of economic activities to

include livestock production, the level of wastes is proportionately increasing creating an advance
impact to our environment. Considering eco-tourism and agro-industrialization as the provincial
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 development strategy, it is therefore declared a policy of the Municipality of Pasil to encourage,
support and adopt the waste management programs of the province in the barangay level as
follows:

a. Establishment of low cost biogas digester “Tabular Polyethylene Digester” for

back swine raisers as a means of promoting environment sanitation. Materials
will be purchased by owners;
b. All individuals interested to establish commercial farms are required to secure
Environmental Compliance Certificate from the DENR Office; and
c. Chicken dunk and other livestock manures must be properly packed before it is
transported to its destination either for sale or direct use.

ARTICLE V. ECO-TOURISM

Section 43. Environmental Symbols. The Municipality of Pasil hereby adopts the following symbol in
order to give more meaning in the implementation of programs and projects geared towards the effective
and efficient conservation and protection of the environment and will redound to an environment-friendly
citizenry, to wit:

Municipal Tree Pine tree

Municipal Plant Pasil Orange
Municipal Flower Gumamela
Municipal Fish Ugadiw
Municipal Fruit Orange
Municipal Bird Idaw

Section 44. Urban Forest. The municipal government shall strive to set-up an urban forest of its own. It
may enter into joint undertaking with private persons in the maintenance and improvement of the Mini
Forest Park. The municipal government shall encourage the adoption of trees and mini-parks by
individuals and corporations and pursue the utilization of vacant municipal or private properties for the
greening of the community.

Section 45. Greenbelt Areas. The municipal government shall maintain a municipal public plaza and
encourage establishment of greenbelt areas. Every barangay and school shall construct and maintain a
certain area as a greenbelt area.

Section 46. Open Spaces. The municipal government hereby supports the National Building Code and
Urban Development and Housing Act of 1992 that require proposed subdivisions must reserve an area to
be designated as open space.

Section 47. Parks for Tourism. The municipal government shall designate park areas for tourism
development. Measures to maintain the ecological assets that form the very basis of the tourism industry’s
existence shall be instituted.

Section 48. Prohibited Acts on Parks and Tourisms. No person shall destroy the aesthetic beauty and
structure of parks. Picking of flowers and cutting of trees therein including the destruction or defacement
of the natural structure of declared tourism areas and other detrimental acts that will cause the disturbance
of the parks and tourism areas general serenity. Vandalism is punishable.

Section 49. Tourism Areas. Considered as tourism areas are the following:

1. Shot Gun Falls/ Pumpumtok Falls with Natural Lake (Colayo)

2. Kalwitan and Colayo Rice Terraces (Colayo)
3. Finasaran & Angaang Falls (Balatoc)
4. Padcharao Lake
5. Historical Guina-ang Village
6. Aguinaldo Trail
7. Kabunyan Bridge
8. Kabunyan Spring
9. Uguid Underground River
10. Kissin and Tabbuyan Solid Rock Formation
11. Sprouting Hot Springs
12. Aatungan Bathing Pond
13. Hanging Bridges
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 14. Caves
15. Pasil River Trekking
16. Dormant Volcano
17. Sulfur Hill
18. Wildlife Sanctuary
19. Rain Forest Tramping of Mt. Sapukoy

Section 50. Construction of Tourism Facilities. The municipal government shall initiate the
development, promotion and maintenance of tourism areas.

ARTICLE VI. SOLID WASTE MANAGEMENT

Section 51. Coverage. These provisions shall apply to all residential houses, commercial establishments,
public markets, stores, groceries, institutions like: hospital, barangay health stations, schools, churches,
public and private offices; and agricultural areas, within the Municipality of Pasil.

Section 52. Authority. This ordinance is enacted to supplement the provisions of existing Laws and
Ordinances related to Solid Waste Management specifically, Sec. 17 of RA 7160 and the Sanitation Code
of the Philippines.

Section 53. Goal, Objectives, and Purposes

a) Goal. To improve the quality of life of the people of Pasil, in an atmosphere of a healthy,
sanitized, and ecologically balanced environment through an integrated waste management
and sustainable development.

b) Objectives
1. To ensure round the clock cleanliness through orderly and sanitary waste management
system.
2. To eradicate unsightly, uncovered and overflowing waste containers in streets, public
places, and open spaces.
3. To maximize and optimize sanitary resource recovery for feeds, fuel, materials, energy
etc, and;
4. To minimize pollution arising from harmful gases, smoke, particulates produced by
needless burning/dumping; polluted runoffs into water sources/supply; and hazardous
substances

c) Purposes
1. To promote and protect the health, safety, peace and convenience, and general welfare
and inhabitants of the Municipality.
2. To enhance the total environment of the locality through the necessary control and
mitigation of negative environments impacts of solid waste.
3. To guide, control, and regulate the generation, storage, collection, and transportation,
disposal, of solid and liquid wastes within the locality and promote an orderly and
sanitary system for the same.
4. To minimize generation of solid waste and maximize possible resource
recovery/recycling and utilization by:
A. Maximizing the use of goods and consumption of foods;
B. Allocating fair inputs in the production of goods, foods and services;
C. Encouraging the salvaging of possible “recoverable” from solid wastes for re-use
and/ or recycling back to production process;
D. Encouraging the recycling and resource recovery of wastes in one’s own
backyard through composting and biogas production; and
E. Providing assistance and cooperation in the cycling of waste in disposal sites.

Section 54. Waste and Storage Regulations

a) Residential Areas:
1. Residents shall be familiarized with two (2) kinds of waste: biodegradable or compostable and
non-segregated at the site or place where they are generated.
2. The concerned citizens shall ensure that the generated solid waste shall be properly separated in
three (3) enclosed containers for recoverable, left-over/compostable and others. The left-over or
feeds refuse shall either be directly given to the animals as feeds or stored temporarily for
composting and or Biogas productions.

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3. Residents shall choose proper containers such as: cans, sacks, bags, bins, etc. that will facilitate
sanitary, efficient handling, storage collection, transport or disposal at least cost. Food waste shall
be placed in covered cabs or pails; garden and human waste in sacks, cans, and bags; non-
compostable in sacks, bags, or boxes.
4. Public thoroughfares and grounds in front or in the vicinity of residential houses shall be kept
clean and tidy by the owner/ lessee of the house / building at all times.
5. Trees, shrubs, and other vegetation within the vicinity of the residential houses shall be regularly
cared for and maintained to minimize the general wastes / yards wastes and unpleasant sight.
b) Commercial and Market Area
1. The covered storage containers for segregated commercial wastes shall be provided either for
communal or individual and shall be placed in areas easily accessible for collection and transport.
Whenever necessary, communal storage facilities shall be provided jointly by the Municipal and
Barangay Government. This communal storage facility should be or possibly on wheels.
2. The enclosed collection receptacles should be located along the collection route where general
wastes shall be removed and transported to the dumping site.
3. The lobby and fronting sidewalk, immediate grounds of commercial establishments such as
shops, stalls, markets, stores, restaurants, caterers, barber shops, beauty parlors, recreation and
entertainment facilities like videoke bar and others, shall be maintained clean and presented by
the owner/ operator / lessee of the establishment.

c) Institutional and Industrial Areas

1. The head of any institutional/ industrial firms shall ensure the proper and hygienic storage of
generated waste in receptacles or containers within their compound and be disposed only to a
communal receptacles so provided in the area or when the collection vehicles so passes in the
area.
2. Hazardous wastes shall be stored safely in good, durable and duly covered receptacles which
should be located in a secure and distant site, prior to final collection/disposal.
3. The head of any institutional / industrial / firm establishment shall ensure the cleanliness and
orderliness of its facilities, yard and its areas fronting sidewalk and street.
4. Hazardous waste (Clinical, Biological, and Radioactive substances) shall be stored, collected, and
transported, and disposed of in accordance with applicable Laws, guidelines, rules, and
regulations of the Environmental Management Bureau (EMB-DENR), Department of Health
(DOH), and Philippine Nuclear Research Institute (PNRI).

d) Agricultural Areas, Poultry and Livestock, and Swine Farms.

Homogenous agricultural wastes (rice straws, corn cobs, leaves, animal manure, etc.) shall be
properly stockpiled / stored by the concerned farmer and through the use of enzymes convert the
same into inorganic fertilizers. Poultry, livestock, and swine manure shall be recycled to become
organic fertilizer. The municipal and barangay governments shall, under its human and ecological
security and sustainable development programs, see to it that the individual/establishments be
provided in its program the conversion of homogenous agricultural waste into organic fertilizer and
other productive purposes.

Animal Dead Bodies - All animal dead bodies (like cats, dogs, poultry, and livestock large cattle)
shall be buried properly in a distant site away from residential houses to avoid the unpleasant smell.

e) Littering
No person shall litter or scatter solid waste in streets, highways, sidewalks, and other public areas
such as parks, playgrounds, rivers, etc. Solid waste shall include among others, the cigar / cigarette
butts, boxes/packages, candy/ bread wrappers, disposed diapers and food packages.

f) Liquid Waste
No liquid waste from residential homes shall be allowed to stagnate. Liquid wastes coming from
kitchen, bathrooms, etc. shall be allowed to flow to the drainage from the residents in a concrete and
duly covered canal. Residents along river systems with no communal drainage shall not throw or
allow their liquid waste flowing directly to the river. A blind drainage shall be made for this purpose.
All sewers shall be kept clean and covered.

No used oil coming from engines, motor vehicles, etc. shall be thrown directly to the canals, to
the ground, or to any other places; for such oil, being non-biodegradable, and seep through the water
tables and will cause organic disease. The Municipal Government shall include in their
Environmental Management Plan a System of proper disposal of used oil. In the absence of such, all
auto mechanic shop, motor vehicle owners, and other establishments disposing used oil shall recycle
the same.

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Section 55. Collection and Transportation of Solid Wastes

a) Residential Areas
1. The concerned resident shall ensure that the solid waste is brought out in the front of his
gate/door/and/or along the collection route of the collection vehicle during the collection period.
2. He/she shall report to the office of the Municipal Health Officer or the authorized official or
concerned officials for any uncollected solid waste within the vicinity of his/her residence.
3. Garbage not segregated and placed in approved containers designed by the local government shall
not be collected and shall be treated as disposed of in violation of the anti-littering provisions of
this ordinance and shall penalized accordingly.
4. The specific date and time of garbage collection in a particular location shall be scheduled and
announced for strict compliance by all concerned.

b) Commercial Area
1. The owner/operator / lessee of any enterprise shall be responsible for the timely positioning of
stored solid waste during collection period which shall be likewise assisted whenever necessary
in the sanitary means of loading wastes for collection purposes. Wastes coming from these areas
shall be segregated in accordance with the provision of this ordinance.
2. He/ she shall remind the Municipal Health Officer in the collection of uncontrolled solid wastes
and other related matters.

c) Institutional / Industrial Areas

1. The head of any institution / industrial establishments shall assist the Municipal Government in
the orderly and sanitary way of collecting and transporting its solid waste.
2. The collection and transportation of any hazardous wastes shall be duly coordinated with the
government agencies concerned.

Section 56. Disposal of Solid Wastes

a) Residential Solid Wastes
Incineration or open burning of solid wastes in all backyards shall be prohibited. Solid wastes
residue after resource recovery, recycling, and composting shall be disposed off by sanitary land
filling. However in the remote barangays where sanitary land filling is not possible, an open pit is
allowed.

b) Institutional Solid Waste

Hospitals, embalming establishments, and other similar institution/s’ solid wastes especially
infectious waste shall be incinerated in approved incinerator facilities and the ash residue be disposed
in separate compartment in sanitary landfills. Chiefs of Hospitals and establishments shall see to it
that this provision is strictly observed and followed.

c) Industrial Solid Wastes

1. Hazardous waste shall be incinerated only after getting the proper assistance/guidance from
concerned government agencies.
2. Other hazardous wastes shall be disposed off, in accordance with the laws, rules, regulations,
and guidelines for the concerned national agencies like: Environmental Management Bureau
(EMB-DENR), Department of Health (DOH), and Philippine Nuclear Research and Institute
(PNRI).
3. Solid waste that could be utilized for organic fertilizer such as mudpros, etc. shall be stocked
in a designated area and kept wet to prevent air pollution and shall be distributed to farmers
for soil improvement.

4. All industrial establishments are mandated to install standard anti-pollution devices and shall
see to it that such establishments shall not become sources, either directly, of air, water, and
ground pollution.

Section 57. Users for Solid Waste Management Services

a) Industrial establishments shall be charged an annual fee of 500.00 to supplement other sources
of revenue for the operations and maintenance of the Wastes Management System of the
Municipality. Occupants and residents of commercial establishments shall pay an annual
user’s fee of P 100.00. All other homeowners shall pay an annual fee of P 25.00.

b) The annual user’s fee shall be collected by the Municipal Treasurer together with other charges
for all residents transacting business with the Municipal Government.

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 c) The Barangay Treasurer shall be responsible for the collection of garbage fee for all barangay.
Fifty percent of the amount collected by the Barangay Treasurer shall accrue to the Barangay
General Fund, and the remaining fifty percent shall accrue to the Municipality.

d) Barangay Treasurer shall collect all users’ fee in their respective barangay. They shall be
deputized by the Municipal Treasurer before any collection shall be made on or before the end
of the first quarter of every year. The Barangay Treasurer shall remit to the Municipal
Treasurer the share of the Municipal Government. The barangay share shall likewise be
deposited by the Municipal Treasurer, and credited to the general fund of the respective
barangay.

Section 58. Implementing Guidelines

a) For an effective implementation of this code, the appropriate office or offices of the Municipal
Government Unit shall perform the following:

1. Conduct massive information drive, such that the provision of this code shall reach every
household in the Municipality.
2. Enforce the provision of this code in coordination with other agencies mandated by Law
to perform environmental and health sanitation services;
3. Conduct research advocacy for the use of environment friendly technology;
4. Conduct research and recommend to the Sangguniang Bayan necessary measures that
will prevent practices that are harmful to the Municipality’s environment;
5. Conduct study and recommend to the Municipal Government the most appropriate
recycling plant needed by the Municipality;
6. Coordinate with NGOs and other groups in the preparation of the framework plan for the
sustainable development and assistance in the implementation thereof;
7. Coordinate with the Municipal Development Council in the integration of Human
Ecology Security (HES) in the Municipal Environment Plan;
8. Provide technical assistance to the Barangay Waste Managers;
9. Perform such other functions as may be authorized by law.

b) Barangay Waste Manager. There shall be appointed in every barangay a Barangay Waste
Manager to be appointed by the Punong Barangay Council. An honorarium shall be fixed by the
Barangay Council but in no case shall such compensation be less than the compensation of a
member of the Sangguniang Barangay, the Barangay Health Workers, Nutrition Scholar or
Barangay Population Officer, may be appointed to such a position with an additional honorarium.

d) The Duties of Barangay Waste Managers shall be to:

1. Visit residential, commercial, industrial, and other establishments and advice them on the
proper segregation of refuse, installation of proper drainage and waste containers as
provided in this ordinance.
2. Report to the concerned authority for any uncollected garbage.
3. Assist the Barangay Development Council in establishing and managing a Material
Recovery Facility (MRF).
4. Help implement the provisions of this code applicable to residential, commercial,
industrial, and institutional areas in their respective jurisdiction.
5. Oversee the collection of recyclable materials, and coordinate with accredited dealers or
manufacturers of recycled products.
6. Assist the concerned agencies in the prosecution of all violators of this Code.
7. Act as Action Officer of the Punong Barangay in the implementation of this Solid Waste
Management Plan.
8. Perform such other functions as may be authorized by a Superior Office with respect to
solid waste management.

ARTICLE VII. HAZARDOUS AND TOXIC MATERIALS

Section 59. Operation of Gasoline Stations. All gasoline stations located in the municipality shall install
oil and water separation facility including facilities in the storage of used oil and grease into sealed
receptacles. All these are mandatory pre-conditions before the issuance of business permits by the
Municipal government.

Gasoline stations shall ensure that their underground storage-tanks are always in good condition
by undertaking periodic maintenance and monitoring of fugitive effluents.
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 The gasoline station operators shall ensure the safety from the fire and explosion hazards of their
respective facilities by installing appropriate signage for the general public and by attaching proper
gadgets and devices to prevent gaseous or fume emissions. The operator should secure Environmental
Certificate from the DENR prior to the issuance of a Business Permit.

Section 60. Toxic Substances and Hazardous Waste Control. The municipality shall require all
persons and entities dealing with toxic substances and hazardous materials to comply fully with full
disclosures in the following manner:
a) Manufacturers shall be required to present material fact sheet which should explain or describe
the quantity, toxicity, ignitability, and flammability and learning potentials of the chemicals
manufactured.
b) Transporters shall be required to submit to the municipality ahead of time a manifest which will
contain the material fact sheet, the origin and destination of the material in transport, the transit
time and the route where the hazardous or toxic materials will traverse.
c) Primary users shall be required to present to the Municipality and maintain for periodic inspection
by competent authorities, a disclosure document which will contain the quantity of the chemicals,
type of use, storage facilities, and safety measures.
d) Secondary users shall likewise be required to submit to the Municipality and maintain for
periodic inspection by competent authorities a disclosure document similar to that required of the
primary users.

Section 61. Manufacture of Toxic and other Chemical Substances. All business establishments
engaged in the manufacture, processing, and utilization of chemical substances shall submit to municipal
authorities a comprehensive occupational safety and hazard mitigation program which will consider
conditions within its complex and immediate vicinities. The Municipal Government through the Pasil
Environmental and Natural Resource Office (PENRO) shall promulgate the necessary safety procedural
guidelines and regulations in chemical handling within the Municipality.

Section 62. Quarterly Inspection of those engaged in Chemical Manufacturing

All business engaged in chemical use and manufacturing shall be subjected to a quarterly inspection by
the Pasil Environment and Natural Resource Office (PENRO) to ensure compliance of safety measures
and appropriate procedures. However, if public safety so requires, the Municipal authorities should
conduct inspection more frequently.

Section 63. Disposal of Clinical Waste. All hospitals and clinics, both private and public, and other
health establishments shall dispose off their clinical waste in accordance with the duly approved practices
and technologies by the Municipal Health and Environment offices.

Section 64. Limitations on Production Capacity. All industrial, manufacturing and similar business
establishments shall operate only within the capacity limits of their respective waste treatment facilities in
order to maintain the quality of the environment within the standards required by the Municipal
Government.

Section 65. All users of fertilizers, pesticides and other farm chemicals in the farms, plantations and other
places shall observe precautionary measures in handling, applying, storage and disposal as well as safety
practices as indicated in the labels of the chemicals and instructions of farm technicians.

Section 66. Public Markets. The provisions on the cleanliness and sanitation of the public market
ordinance of Pasil are hereby incorporated into this code.

Section 67. Operation of Slaughterhouses. All slaughterhouses shall be equipped with appropriate and
adequate disposal facilities for solid discards and wastewater, as well as disinfection system for the
maintenance of hygienic conditions within their premises.

Section 68. Cemeteries. The provision of a cemetery is one of the basic facilities to be established for the
general welfare of the communities and the inhabitants thereof. There shall be permanently appointed
cemetery caretakers to see to it that the cemetery should be used exclusively for the internment of bodies
and due respect for the dead. In view of the scarce land resource, the establishment of a Municipal
Cemetery shall be included in the Municipal Development plan and its specifications shall be within the
minimum standards set by the Department of Health.

ARTICLE VIII. WATER RESOURCE MANAGEMENT

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Section 69. Policy Statement on Water Utilization. In line with the provisions of the Constitution and
as embodied in the Water Code of the Philippines, all waters belong to the state. The ownership of water
by the State means that water cannot be subject to acquisitive prescription, however the State may allow
the use and development of water by administrative concession. The Government, through the National
Water Resources Board, exercises control and regulation of the water resources pertaining to its
utilization, exploitation, development, conservation and protection.

In the observance of the above mentioned principles, the municipality of Pasil shall ensure an
equitable appropriation of water resources to its constituents consistent with the order of preference
adopted by the State as follows:
a) Domestic and municipal use;
b) Irrigation;
c) Power generation;
d) Fisheries;
e) Livestock raising;
f) Industries use; and
g) Others like water use in Filtration Plants purposed for sale.

Section 70. Basic for Action. Water is essential element to life on earth and the survival of human
species is like to the ample availability of potable water. Water is likewise viewed as an important
component in economic activities and as a resource in many industries. As a basic necessity in man’s
everyday life and as prime ingredients in a lot of activities, water is best by pressure from increasing
demand from various competing users. With increasing population and intensification of economic
activities, the rate of use has overtaken the rate of replenishment to the point where the basic needs are no
longer satisfied. If steps are not taken at the early stage, conflicts of water users may escalate and the
needs of the general populace are put in jeopardy. These concerns call for appropriate actions and
strategies in the local level contributory to the national effort of ensuring sustainable utilization of water
resources.

Section 71. Water Sources

a) It shall be the responsibility of the Municipality of Pasil to identify existing and potential water
sources for domestic and municipal uses within territorial bounds of the Municipality to ensure
that there shall be sources of water to satisfy the needs of the present and future. This calls for
complete inventory of surface river, creek, stream and spring sources along with subsurface
aquifer systems. Data bases shall be established for these water sources with adequate
information on quantity and quality. Interim plans should be established on how these water
sources shall be accessed, tapped and developed.

b) A data inventory of the water resources to include their physical characteristics, location and
types shall be maintained and updated by the Municipality’s future assessment. This data
inventory shall be the basis of municipal water resources policy and water resources system
analysis. This data shall be stored and collated in a dynamic system where the information can be
easily accessed and updated. These data shall be the bases for decisions the community is going
to adopt in the future.

c) The municipality shall likewise determine the contaminated water resources in the municipality
such as the chemical contaminated areas as part of the environmentally affected areas. These areas
shall be constrained in terms of utilization and exploitation and the municipality shall provide an
advisory notice to this effect. In the overall strategy, these areas shall be targeted for either
containment or rehabilitation.

e) The Municipality shall establish its own water budget on a periodic basis to determine its
water needs and potentials. The approach shall be holistic to include all the major users of
water and comprehensive enough to determine possible cause and effect scenarios of the
water utilization.

f) The Municipality shall identify the watersheds within its own territorial limits and
incorporate them in their zoning plans. As a water production unit, the municipality shall
adopt important strategies of protection, conservation, utilization and enhancement in view of
sustainable development. Land use threats to the watersheds shall be minimize by instituting
measures to curb human and economic activities from damaging the pristine nature of the
water resources.

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 g) Apart from satisfying the immediate demand, the Municipality shall adopt long range
planning for the water resources development in view of coming up with a balance on the
supply and demand. All sectors shall be enjoined to participate in the planning exercises.

Section 72. Water Supply Quantity. The health of the populace is of primary concern. Aside from the
food nutrition, the quantity of drinking water has a direct impact on the health of the people. To maintain
the health and well being of the people there should be an ample supply of water with acceptable quantity.

a) It is the responsibility of the Municipality to ensure that the quality of water shall be with the limits
of the National Standard for Drinking Water (NSDW) conforming to physical, chemical and
radiological requirements.

b) Water of direct consumption shall conform to acceptable requirements of bacteriological quality.

To this end, appropriate disinfection or chlorination shall be employed to ensure that the water
shall be free from harmful bacteria or any micro-organism.

c) The general public should be notified in advanced and advised accordingly if non-quality water has
entered the supply systems. Remedial measures should be instituted at once to correct any defect
or system damage.

d) Since poor distribution systems can be a prime cause of water contamination, it should be a priority
of the Municipality to maintain and perform repairs on the distribution system given such
circumstances.

e) The Municipality shall come up with program of monitoring waste water in the community.
Likewise, the municipality shall institute measures to compel the private sectors to come up with
treatment process for domestic and industrial waste waters before discharging to the environment.

f) The discharge of waste water to the environment either by land spreading, injection or dilution in
natural bodies of water shall be monitored by the municipal government.

g) The use of nitrogenous fertilizers in farms and fields has been pointed out as one of the sources of
contamination for groundwater. In areas where important aquifers are located, the use of such
fertilizers should be limited if not or prohibited by the Municipality.

h) Important point source pollution such as gas stations and petroleum product reservoirs should be
identified and their locations mapped out in relation with the existing water resource. The
municipality shall come up with monitoring program for fugitive effluents and require business
operators to submit mitigating measures in the event of accidental release of chemicals.

i) Along natural watercourse such as streams, brooks, and rivers, the respect for easement shall be
primary to maintain the natural character of the surface of water. The easement shall be in
accordance with the established easement of the National Water Resources Board (NWRB) and
shall be adopted and enforced by the Municipality.

Section 73. Water Demand

a) Water Utilization. In reference to the Water Code of the Philippines the development of water
resources shall consider the security of the state, multiple use, beneficial use, adverse effects and
cost of development. The municipality shall adhere to this provision in the utilization of water
resources within the Municipality.

b) Heavy Users of Water. Within its political boundary, the municipality shall identify the heavy
users of either surface water or groundwater and shall determine on a periodic basis of extraction
and utilization. In allowing water concessionaires the user of water in the municipality shall take
the following actions:

1. Attach water meters to water conveyance facilities and compel the concessionaires to report
their water use to the municipality.

2. Assess the extraction of water on basis of resource utilization and apply appropriate charges
based on economic rent policy. The proceeds of this rent shall be used to support projects
which provide adequate and safe water to the general public.

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Section 74. Regulated Act and Penalty. Heavy users of water resources shall secure a permit before
engaging in the use of water within the territorial boundaries of the municipality. Any natural or juridical
person violating this provision shall be penalized with a fine P 1, 500 for the first offense; P 2, 500 for the
second offense, third and succeeding offenses and/ or imprisonment of 31 days of both at the discretion of
the court.

Section 75. Illegal Constructions along the Waterways. No person shall construct any building or
improvement within 30 meters in the municipal bodies of water and 20 meters in agricultural areas from
the creeks sides, river banks and similar waterways except flood control, irrigation canals, aqueducts and
the likes. Any person or business establishment who violates this section shall be fined P 2, 500 and an
imprisonment of 31 days or both as ordered by the court and the demolition of the structure.

Section 76. Well Drilling. No person shall drill a well without securing a sanitary permit from the
Municipal Health Office or its deputized representatives which will determine the allowable depth,
location, spacing and the manner by which such wells maybe dug/excavated. Any person, juridical or
personal who will be caught violating this section of the code shall be fined P 2, 500 and an imprisonment
of 31 days or as ordered by the court.

Section 77. Water Resources

a) Scope of Powers. In addition to the powers, duties and functions of the Punong Barangay,
Municipal Mayor, and Provincial Governor to adopt adequate measures to safeguard and
conserve land mineral, marine, forest and other resources, as provided under Sections 389 (b) (9),
444 (3) (b), and (b)(3)(v), respectively, other specific powers of local government units in the
management of water resources are enumerated in Section 17, RA 7160, as amended:

1. For a Barangay: services related to general hygiene and sanitation and maintenance of water
supply systems respectively;

2. For a municipality: water and soil resource utilization and conservation projects, and inter-
Barangay irrigation system, communal irrigation, small water impounding projects and other
similar projects, artesian wells, spring development, rainwater collectors and water supply
systems, dikes, drainage, and sewerage, and flood control pursuant to section 17 (b)(2)(i) and
(viii), respectively and management, protection, rehabilitation, and maintenance of small
watershed areas which are sources of local water supply as identified by the DENR, pursuant to
DAO 30, series of 1992;

3. For the Province: enforcement of forestry laws and other laws on the protection of the
environment, and mini- hydro electric projects for local purposes pursuant to Section 17
(b)(3)(iii), RA 7160, provision of inter- municipal waterworks, drainage and sewerage, flood
control, and irrigation systems.

b) Governing Laws. The water resources provisions under this Code shall be governed by, but not
limited to, the following national laws:

1. RA 7160- Local Government Code of 1991 as amended;

2. Presidential Decree no. 1067- Water Code of the Philippines of 1976
3. DENR Administrative Order 34, series of 1990- Revised Water Usage and Classification/ Water
Quality Criteria Amending Section Nos. 68 and 69, Chapter III of the 1978 NPCC Rules and
Regulations.
4. DENR Administrative order No. 35, series of 1991- Revised Effluent Regulations of 1990
revising and amending the Effluent Regulations of 1982.
5. Republic Act No. 6969- Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990.
6. Presidential Decree No. 984- National Pollution Control Decree of 1976.
7. Presidential Decree No. 825- Providing Penalty for Improper Disposal of Garbage and Other
forms of Unsanitary Practices and for other purposes.
8. Presidential Decree No. 856- Code of Sanitation of the Philippines, 1975
9. Presidential Decree No. 1198- Requiring all individuals, partnerships or corporations engaged in
the exploration, development and exploitation of natural resources or in the construction of
infrastructure projects to restore or rehabilitate areas subject thereof or affected to their original
condition.

c) Operative Principles. Water resources in the municipality shall be managed:

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 1. for the primary purpose of meeting indefinitely the basic requirement for the potable water of all
residents of the municipality and for sustained agricultural production;

2. for the secondary purpose of securing the availability of adequate supplies of water for
development activities through water resources pricing and institution of local water pollution
control legislation. Further, it is hereby declared the policy of the municipal government that water
resources in the municipality shall be equitably shared and that no community shall be deprived of
safe and clean water.

d) Establishment of Water Resources Trust Fund. There is hereby created a Water Resources Trust
Fund for the sole purpose of supporting municipal programs or projects for the rehabilitation of
water production areas. The trust fund, which shall comprise all amounts dominated as “share
national wealth” from the operation of water utilities by national government agencies and
instrumentalities, shall be managed and administered by the mayor upon recommendation of the
Multi- Sectoral Water Resources Advisory Committee, in accordance with the provision of the
existing national laws. Henceforth, all such unexpended amount and future allocations shall accrue
to the Water Resources Trust Fund in accordance with national laws.

e) Designation of Priority Watersheds for Protection. In coordination with the Provincial

Government of Kalinga, the Municipality of Pasil shall be supportive to their programs as provided
below:

1. The Kalinga Network of Watersheds (KNW) shall be managed and governed by the provincial
laws, rules and regulations, subject to national laws, for purpose of securing the water
requirements for the sustainable development of Kalinga.

2. Establishment and Extent of the KNW. Within one year upon effectively of this Code, the Mayor
shall, in close collaboration with the DENR and concerned Barangay councils, and Protected
Area Management Boards, study and review each watershed initially composed the KNW as to
its suitability or non- suitability for the purpose of determining the specific areas strictly needed
for water production purposes.

Upon completion of the study and review, the Mayor shall submit to the Sangguniang
Panlalawigan a map and technical description of boundaries of each of the water production areas
in the watershed together with his recommendations for the Sangguniang Panlalawigan to
declare, set aside maintain the aforesaid areas as strict protection zone for the purpose of water
production.

For the purpose of this Code, only the strict water production areas in each of the
aforementioned watersheds shall comprise the Kalinga Network of Watersheds and therefore
excludes all other land within the component watershed that are not needed for water production.

3. Additional Areas to the Kalinga Network of Watersheds. The Mayor shall propose to the
Sangguniang Panlalawigan the inclusion in the KNW those Watersheds established by the
barangay governments, including additional watersheds which the Mayor deems to require
protection for water production purposes.
4. Disestablishment of Watersheds. When upon recommendation of the majority members of the
concerned Sangguniang Bayan and, if applicable, the members of the concerned Protected Area
Management Board, a certain watershed within the KNW or portions thereof should be
withdrawn or disestablished, or its boundaries modified, the disestablishment thereof shall take
effect pursuant to the act of the Sangguniang Panlalawigan.

5. Buffer zones. When necessary, there may be established 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 peripheral buffer zones shall be in the same manner as the
Sangguniang Panlalawigan established the strict water production area.

f) Water Resources Management Plan. The Mayor shall, together with the Barangay Captains, shall
formulate their own management plan to be recommended to the Kalinga Network of Watersheds
based among others, on the following:

1. Inventory and classification of water bodies 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;

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 2. Characterization of the status of priority watersheds in terms of water producing capacity,
water quantity, water quality and use;
3. The measures to be implemented to improve water quality and production capacity of the
watershed (e.g. formulation of a monitoring team to regulate the withdrawal of water in
highly urbanized areas to avoid adverse effect on the stability of the area);
4. The appropriate institutional arrangements to be established for managing the watersheds;
5. The investment requirement, duration and revenue generating measures to be
implemented; and
6. Appropriate policy incentives and regulations to ensure that the watershed is managed in
a sustainable manner.
g) Water Quality Monitoring. Within nine months upon effectively of this Code, the Mayor shall
organize and maintain the continuous and effective operation of a 9- member multi- sectoral Water
Resources Committee (WRC) to be composed of the Mayor as Chairman and the National Water
Resources Committee (WRC) to be composed of the Mayor as the Chairman and the National
Irrigation Administration (NIA), Department of Environmental and Natural Resources (DENR)
National Power Corporation (NPC), Philippine Atmospheric Geographical and Astronomical Service
Administration (PAG-ASA), Department of Agriculture (DA), Department of Science and Technology
(DOST) and Provincial Health Office (PHO) as members, including two representatives of non-
government organizations as appointed by the Mayor. The Committee shall be vested with the
following duties and responsibilities.

1. Establish the number and location of the municipal-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.
2. Conduct regular sampling and cause the analysis of samples collected using the
parameter standards and procedure established by national laws. The priority parameters
to be measured shall include biochemical oxygen demand (BOD), total suspended solids
(TSS) and total coli form.
3. Release of the monitoring result to the public particularly to the barangays concerned.
4. In coordination with the Provincial Mining Regulatory Board, monitor the impact of
water resources of all mining operations in the municipality.
5. Assist national government agencies in the enforcement of anti- pollution laws including
Presidential Decree No. 984, DENR Administrative Order (Revised Water Usage and
Classification Water Quality Criteria) and DENR Administrative order No. 35 (Revised
Effluent Regulations of 1990) and Republic Act No. 6969 (Substance and Hazardous and
Nuclear Waste Control act of 1990).
6. Organize industrial forms and tourism establishments in the municipality so that they can
share water pollution reduction techniques, work as a group with the government and
non- government organizations on pollution reduction.
7. Advise the Mayor on policy requirements to safeguard water resources in the
municipality.
8. Recommended to the Mayor the Allocation of the Water Resources Trust Fund Prepare
and recommend to the Mayor annual work and financial plans for the operation of the
committee.

h) Protection of Public Water Infrastructures. The Mayor shall identify the component watersheds of
the KNW which are presently supporting small hydroelectric projects, inter- barangay waterworks and
irrigation systems as well as those which are potential sites of similar projects and as the barangay
governments prepare the management plans thereof. The Mayor shall ensure the engineering works and
infrastructure projects within the municipality do not have adverse effect on water quality.

i) Protection of Riverbanks, Easements, Rights-of-way, Greenbelts. The Mayor shall adopt adequate
measures for establishing clearance and greenbelts along the riverbanks as prescribed by law, to recover
easements as provided in DENR Administrative order 05, series of 1997 and Presidential Decree No.
1067 which provided that banks of rivers throughout their entire length and within a zone of three meters
in urban areas, twenty meters in agricultural areas and forty meters in forest areas, along margins are
subject to easement for public use in the interest of recreation, navigation, footage, fishing and salvage.

j) Drainage System. The Mayor shall adopt necessary measures to ensure that adequate barangay
drainage systems are established and maintained to prevent the negative effects of all types of effluents on
both surface and underground water quality. The Mayor shall also provide assistance to barangays for the
purpose of ensuring that solid wastes are properly disposed off for the protection of water resources.

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k) Organic Farming and Soil and Water Conservation. The Mayor shall assist barangays 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 Mayor
shall promote the use and application of organic farming techniques among farmers and utilize all its
powers to enforce the laws governing the use of prohibited agricultural chemicals.

l. Health and Sanitation Measures. The Mayor shall adopt appropriate measures to assist barangay
governments to improve environmental sanitation by expanding the use of sanitary toilets for waste
disposal. Such assistance shall if necessary include, but not limited to, direct investments in public health
education and strict enforcement of the National Building Code (PD 1096).

m) 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 Water Quality Criteria, and
amendments thereto, are hereby adopted.

n) Prohibited and Punishable Acts. The Sangguniang Bayan, in consultation with the various barangays
and the DENR, shall, within one year upon effectively 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:

1. No person shall operate and maintain any collection system, sewage disposal system,
treatment facility or wastes water treatment facility unless the same is not provided
adequately by the Municipal Mayor.
2. No industrial or domestic sewage shall be discharge into Class AA and Class SA waters,
as defined under DENR Administrative Order No. 34, series of 1990.
3. In order to avoid deterioration of the quality of a Receiving Water Body (RWB), no
industrial plant with high waste load potential shall discharge into a body of water where
the dilution or assimilative capacity of said water body during dry weather condition is
insufficient to maintain its prescribed water quality to its usage and classification.
4. 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.
5. No industrial or manufacturing plant shall be operated without control facilities of waste
water treatment system in good order or in proper operation.
6. No industrial or manufacturing plant or source of pollution shall be operated at capacities
beyond the limits of operation or capability of waste water treatment facility in order to
maintain the effluent quality within the standards or the pertinent conditions required by
the law and/ as stipulated in the permit to operate.

7. No person shall build, erect, install or use any equipment, contrivance or any means the
use of which otherwise constitute a violation of the provisions of this Code.

8. The construction of houses and other physical structures within the riverbanks shall be
governed by existing laws.

9. No person shall develop a stream, lake, marshland or pond for recreational or commercial
purposes without first securing a permit from the National Water Resource Council and
the local government chief executive, in addition to an Environmental Compliance
Certificate issued by the DENR.

10. No person shall raise or lower or cause the raising or lowering of the water level of a
stream river, aquifer, lake, marsh, or pond, nor drain the same without the necessary
government clearances and/ or permits.

11. Impounding of water in large amounts such as to prejudice downstream or upstream users
shall be prohibited.

12. No person shall drill a well without a permit from the National Water Resources Council
and the local government chief executive, in the case of subterranean waters; provided,
that in no case shall ground water be extracted if this will result to the deterioration of
critically important surface waters; provided, that the Mayor through the proper national
government agency shall reserve the right to revoke or cancel any permit for the
extraction of groundwater that is found to be detrimental to its sustainability or inimical
to other higher priority water uses.

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 13. The construction or setting up of any structure, temporary or otherwise, that would
destroy the scenic value of natural waterways or result to the disruption of water flows
shall be prohibited.

14. Dumping of tailings and sediments from mining and quarrying operations, including land
developments, e.g. subdivisions, roads, and other infrastructures as well as farm water
carrying pesticide residues, is hereby banned and therefore prohibited.

15. No person shall be allowed to use poisonous substances, dynamites, electrical gadgets
and other deleterious methods of fishing in all bodies or water within the municipality.

ARTICLE IX. FRESH WATER MANAGEMENT

Section 78. Policy Statement.

a) Recognizing strategic importance of Fresh Water Management to the well-being of present and
future generations, it is hereby declared as official policy that the Municipality shall promote,
conserve, protect and develop all its inland, fresh water resources including concerned the
resources contained therein. For this purpose, the Municipality shall adopt and integrate planning
approach that will involve all sectors including concerned agencies, non-governmental
organizations and other stakeholders. This approach shall adopt development strategies designed
to promote ecological balance and sustainability of these resources taking into account socio-
cultural and economic dimensions such as poverty, public health, rapid population growth, among
others.

b) It is further declared as a policy that the Municipality shall define its fresh water areas, including
its territorial waters and the resources therein for the preferential use of its citizens subject to the
limits of optimum sustainable yields and determined through continuing resource accounting and
evaluation studies undertaken by the municipal government, national or scientific institution.

c) The municipality hereby adopts the policy to improve the living standards of people living near
river-banks, specifically in areas of sanitation and waste disposal, so as to reduce the proliferation
of pathogenic organism in the coastal environment from domestic waste waters.

Section 79. Scope of Fresh Water Resources and Resources Accounting. The Municipality’s fresh
water resources include the entire municipal territorial waters, which includes streams, and rivers. All
resources within the fresh water areas, including rivers and streams and all living and non-living resources
found therein, shall be subject to the municipality’s policies on sustainable fresh water resources
management.

Section 80. Organization of Municipal Fisheries and Aquatic Resources Management Council
(FARMC). Fresh Water Management Task Force shall be organized to serve as a forum for the fresh
water resources management planning. In the absence of a Municipal ENRO the FARMC in addition to
their function will also perform the following rule:

a) Cause the measurement and delineation of its territorial waters, and facilitate the production of
the necessary resource maps for the purpose;

b) Recommend to the Sangguniang Bayan to pass an ordinance declaring the municipality’s fresh
water jurisdiction;

c) Create a forum for multi-sectoral and community-based decision-making process to promote

compatibility of development activities and avoid subjecting the resources to unilateral or
political spheres of influence;
d) Cause the establishment of multi-sectoral task force at the municipality that shall be responsible
for coordinating the implementation of the duly approved comprehensive water resource
management plan and shall serve to complement the institutional arrangement for multi-sectoral
decision-making;

e) Involve the technical expertise of academic institutions, research center, national government
agencies, NGOs and people’s organizations in the conduct of resource accounting and ecological
assessment in order to generate an accurate data base from which policy decisions on the best use
of the resource shall be based.

Such will involve accounting of the resources of the rivers, the identification of breeding
and nursery grounds and fishes, and the identification of human activities that lead to habitat and
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 water quality degradation. Consequently, water and aquatic resource profiles and long-term
development plans shall be formulated from such data set, identifying in the process, areas of
critical ecological importance, resource-use conflicts, and specific priorities for management;

f) Promote community participation in the management of fresh water resources as the central
theme of resource management plans developed for the municipality’s water resource. This shall
be supported by a policy that gives priority to the provision of technical services and guidance to
participants in the community-based resources management.

g) Establishment of a comprehensive multi-media community education and information campaign

on sustainable use of water resources and the different strategies to conserve and protect their
integrity;

h) Cause the information and adoption of a comprehensive environment plan consistent with the
local government comprehensive environment plan, which in turn must be incorporated in the
provincial development plan. Such plans must all be consistent with established national coastal
and marine policies;

i) Protect the rights of subsistence fishers, both of the present and the future generations according
to their preferential use of the fishery resources within the jurisdiction of the Municipality;

Section 81. Permit System. A municipal permit shall be devised and implemented through the assistance
of the FARMC. Such a licensing system shall:

a) Be designed on the basis of sustainable yields by the imposition of a limit on the number of
licenses that shall be awarded for any type of gear;

b) A total allowable catch maybe imposed by the Municipality for any species of fish or marine
product determined on the basis of the state of the resources and its capacity to replenish in order
to avoid biological over-fishing;

c) The permittee shall be allowed to operate gears and other customary practice:
1. Tangag or salop
2. Bingwit
3. Sigay
4. Tabukol
5. Pana

This fishery license system shall be supported by a separate ordinance which shall be
recommended to the Sangguniang Bayan for approval. The approved ordinance shall be valid only within
the municipal waters and shall be consistent with the rational management principles adopted by other
municipal government sharing the same resources or with the doctrines set by the FARMC.

Section 82. Alternative Livelihoods Provision. As a policy, the municipal government shall pursue the
development of livelihood diversification among fresh water fisher folk, recognizing the participation of
woman and out-of-school youth. Such livelihood projects shall be directed at land-based opportunities in
order to achieve a respite in fishing pressure.

Section 83. Illegal Fishing. No person shall use dynamite, cyanide or other poisonous chemicals,
construction of attod and use of electric gadget (kuryente) in fishing on any bodies of water. The
Barangay governments are hereby authorized to organize their respective Bantay Tubig to implement this
particular provision.
Section 84. Resource Accounting and Information Systems. The Municipal Agriculture Office will act
as data bank aimed at development of data bases for a continuous accounting and assessment of the state
of fishery and aquatic resources in the Municipality. Included herein are information on the qualitative
description of the fishery resources, including information on breeding grounds, seasons and processes
that need to be protected, description of critical habitats that need to be preserved as centers for such stock
recruitment and replenishment, and the identification of resources that maybe tapped for further economic
exploitation.

Section 85. Fishery License and Permits. It shall be unlawful for any person, cooperative and
association to take or catch fish or other aquatic/marine products by means of nets, or other fishing gears
in the territorial waters of the Municipality. Unless provided with the necessary license or permit issued
for the purpose by the Municipal Mayor. Provided finally, that the issuance or fishing license shall be
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based on the maximum sustainable yield of the Municipality’s catch level, the Municipality may impose a
limit to the number of fishing licenses that it shall issue for each gear type; or designate only a specific
period within the year in which a particular license can be used; or impose catch quotas for particular
species of fish which are found to be endangered by over fishing; or allow the entry of any specified
number of board or licenses for each gear type; or designate only a specific period within the year in
which a particular species of fish which are found to be endangered by over fishing; or allow the entry of
only a specified number of board or licensed into specific zone at any one time, or close a zone entirely to
fishing for a particular period; or impose any combination of the aforementioned measures for the
protection and conservation of the resources, or when public interest so dictates.
Section 86. Persons Eligible for Fishing and/or Fishery Privileges in the Municipal Waters. The
following are, under this article, eligible for fishery license and/or privileges:
a) Permanent residents of the Municipality;

b) Cooperatives, partnership, associations, duly registered or incorporated under the laws of the
Philippines and authorized to transact business in the Philippines, and at least 60% of whose
capital stocks belong wholly to citizens of the Philippines.

It shall be unlawful for persons, cooperatives, partnership, associations not qualified by law and
by this section to engage, personally or through representations in fishing or catching or collecting aquatic
products in the territorial waters of the Municipality.

Section 87. Fishery Law Enforcement. There is hereby created a Bantay Tubig task force to be
composed of the PNP, barangay officials and civilian units of the Municipality to be designated by the
Mayor in an Executive Order. The Bantay Tubig shall primarily be in charge of enforcing all applicable
laws of fisheries and water resource management.

Section 88. Duties of Licensees, Permittees, and Exclusive Fishery Privilege Holders.
All licensees, permittees, and holders of exclusive fishery privileges from the Municipality are
required to perform all duties and obligations attached to the said licenses, including:

a) Compliance with the laws, rules and regulations governing fisheries and fresh water resources
management as provided for under this code and relevant national and local laws; as well as
the international convention on responsible fishing;

b) Commitment to adopt precautionary measures to prevent or mitigate the negative impact of

his activities to the resources of the bodies of waters, being a partner of LGU-Pasil;

c) Responsibility for the use of his fishing gear by any of his agents, employees, relatives,
friends, particularly in cases where such have been used for illegal fishing operations as
provided for under this code;

d) Rendering assistance to Bantay Tubig personnel as maybe necessary and actively participle in
fishery law enforcement monitoring and feed backing activities;

e) Abiding by and carry out all measures to facilitate boat identification markings to be
prescribed by the Municipality;

f) Preventing pollution of the bodies of waters.

Section 89. Relevant Laws and Issuances. All related ordinances, resolutions, legal orders, decrees, and
national laws relevant to water resources management shall form part of this code.

ARTICLE X. AIR QUALITY MANAGEMENT

Section 90. Policy Statement. The basic intention of the Municipality of Pasil is to undertake the
necessary precautionary and preventive measures to ensure the maintenance of ambient air quality.

Given the complexity of clean air management and the insufficient technology and resources
available for the conduct of atmosphere monitoring and evaluation, the Municipality shall prevent to the
greatest extent permissible, the continued degradation of air quality within its territorial jurisdiction based
on available resources, information and technical support to achieve such level of standard quality as
prescribed by the Department of Environmental and Natural Resources (DENR).

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Section 91. Ambient Air Quality Control. The Municipal Health Officer in coordination with the
DENR shall conduct an annual inspection of all equipment emitting potentials air pollutants, to ensure
that such establishment is complying with the prescribed standards on air quality.

Section 92. Fugitive Particles. No person shall allow the emission of fugitive particulates from any
source whatsoever, including but not limited to vehicular movement, transportation of materials,
construction, alternation, demolition or wrecking, or industry-related activities such as loading, storing or
handling without taking reasonable precautions to prevent such emission. In line with such precautions,
the following are hereby adopted.

a) Covering of open loaded trucks transportation materials likely to give rise to airborne dust, odor
and other fugitive particles.
b) Treatment or removal of all air pollutant e.g. dusts, fumes, gases, mists, odorous matters of
vapors or any combination thereof prior to discharge into the open air.
c) In case of building construction or demolition, quarrying operations or cleaning of land,
precaution shall be carried out to ensure that fugitive dusts remain within the premises of the
activity conducted.

Section 93. Reducing Emissions of Carbon Dioxide (CO2) and Other Greenhouse Gases.

The Municipality of Pasil shall exert major effort to contribute towards the minimization of
global warming. As such, in coordination with the Environment Management Bureau (EMB) of the
DENR, the Municipal Government shall regulate the use of the chemical fertilizers, burning of trees and
crop residues within its territorial limits.

Section 94. Reducing Emissions of Substances that Depletes the Ozone Layer.

The depletion of the ozone layer (in the earth’s atmosphere) caused by the use of
chlorofluorocarbon (CFC) halo and other chlorofluorocarbons pose extreme health hazards to mankind
such as exposure to harmful ultraviolet rays of the sun. Pursuant to the Montreal Protocol where the
Philippines is a signatory, the Municipality of Pasil hereby adopts some of its relevant provisions:

a) All citizens in the Municipality are discouraged to use aerosols with CFC, e.g. sprays nets,
pesticides, fertilizers, etc.
b) Refrigeration and air-conditioning shops, including factories and manufacturing entities shall be
required to institute measures to avoid the release of CFCs directly into the atmosphere.
c) The use of yellow fire extinguishers containing halos will not be allowed in the Municipality of
Pasil.

Section 95. Smoke Belching. It shall be the policy of the Municipal Government to strictly enforce its
Anti-Smoke belching program to prevent the excessive emission of pollutant particles from motor
vehicles and to ensure that the citizens enjoy clean air. To achieve these objectives, the following
measures are promulgated:

a) All public and private motor vehicles should pass through an anti-pollution test from the Land
Transportation Office (LTO).

b) As part of its Traffic Mitigation Program, the Municipal Government shall periodically conduct a
road-side (on site) anti-smoke belching test for motor vehicles. The Municipal Council shall
determine fines and penalties thereof through a separate administrative ordinance.

Section 96. Noise Pollution. To protect public health and welfare against nuisance cause by excessive
noise, the Municipality of Pasil in coordination with the DENR and various sectors within the
Municipality shall set standards for noise reduction at the following source as maybe appropriate.
a) Construction
b) Vehicles, mufflers, stereo system
c) Pub houses, restaurant and karaoke bars
d) Videoke bars;
e) Public gathering such as concerts, rallies, etc.

Section 97. Tolerable Decided Levels. The municipality of Pasil hereby limits the loudness of sound
within its territorial jurisdiction to only up to 60 decibels.

ARTICLE XI. PROMOTING THE MUNICIPAL ENVIRONMENT CODE THROUGH AN

INFORMATION, EDUCATION AND COMMUNICATION (IEC) PROGRAM
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Section 98. General Principle. The resources of the earth and the environment which sustain life are not
inexhaustible. As stewards and trustees, the present generation must conserve, develop and protect their
resources and ensure that the environment is not degraded from wasteful and needless exploitation. The
concept intergenerational responsibility for a balance and healthful ecology is affirmed by the Supreme
Court in G.R. 101083. The Municipal Environment Code is an instrument that enables the Municipality to
preserve and maintain natural resources and environment quality according to accepted standards.

Section 99. General Policy. It is the primordial duty of the Municipal Government to undertake public
information and dissemination of the provision of the Municipal Environment Code and consistent with
the mandate of RA 7160 otherwise known as the Local Government Code. The Municipality expects, on
the other hand, its citizens to collaborate in the effective implementation of this Local Environmental
Code. Implementation of IEC shall be through multi-media and the active participation of the citizens and
other stakeholders shall be enlisted.

Section 100. Objectives. The following are the objectives of the Public Information, Education and
Communication Program:

a) Providing a level of knowledge to prevent any misinformation on any provisions of the Municipal
Environmental Code,
b) To facilitate exchange of information on the Municipal l Environmental Code,
c) To advocate the need for a local environmental code and to persuade the different publics on the
value and importance of such a Code in the preservation, protection, and development of the
physical environment and the resource therein,
d) To persuade the target clientele about the need for environmental regulations and for everyone’s
cooperation in the observance and enforcement of such regulations,
e) To help justify the need for the Municipal Environmental Code and to maintain a positive healthy
relationship between the Municipality and its constituents and other stakeholders.
f) To cultivate a favorable climate of acceptance for the IEC and its effective implementation.

Section 101. Functions. The Public Information, Education and Communication Program (PIEC) shall be
concerned with the following functions:

a) Developing understanding about Municipal Environmental Code and its role in local and national
development.
b) Developing and strengthening opinions and attitudes favorable to Municipal Environmental
Code.
c) Providing general and technical information to appropriate publics, audiences or groups.
d) Providing motivation, stimulation, and basis for discussion leading forward community
assessment and decision.
e) Developing habits, norms and values leading to the greater appreciation of the Municipal
Environmental Code.

Section 102. Definition of Terms.

a) Public information refers to those information activities directed to public audiences. Such
activities include mass media, educating and promotion, public relations and commercial
advertising.

b) Information is concerned with those information activities directed to large public audiences,
organizations, small groups and individuals. Such activities include mass media usage,
advocating and promotion, and public relation.

c) Education refers to the series of formally designed learning objectives and content that are
intended to change the behavior of a target audience by providing them knowledge, helping them
acquire skills and causing the internalization of desirable attitudes. Education includes technical
education on the Municipal Environment Code, community extension, and formal schooling.
Education modifies people’s behavior through the acquisition of knowledge, new skills,
development of desirable habits, and beliefs.

d) Communication is the process of through which information and education is conveyed. It is

aimed at cultivating a permissive atmosphere that promotes positive attitudes about the
environment and on the Municipal Environment Code as an instrument for the promotion of
environmental quality. To change behavior of people, it is important to ensure that the various
audiences receive the same message and the same interpretation.
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 e) Promotion is the process of communicating the features of the Municipal Environment Code and
its objectives and the services that it will provide; creative awareness for what the Municipal
Environment Code is all about, generate public enthusiasm, answer question asked by the public
and the various constituencies, and to place the Municipal Environment Code on a favorable
light.

Section 103. PIEC Program Components. In designing a Public Information, Education and
Communication Program (PIECP) the following components should be included:
a) Identification of the target clientele
b) Identification of clientele’s needs and wants
c) Services and the benefits to be derived are spelled out
d) Methods of presenting are those that are in a memorable, believable and existing manner.

Section 104. Responsibility for Information, Education and Communication. The Municipal Officer
on Environment and Natural Resources as mandated in the Local Government Code shall take primary
responsibility in designing and implementing Information, Education and Communication Program for
public dissemination of all the provisions of this Code.

Section 105. The Role of Citizens. Municipal residents shall take an active role in the planning and
implementation of public information, education and communication projects and activities.

Section 106. Appropriation. The Municipal Council shall appropriate an amount out of it General Fund
for the implementation of the public information and education campaign and for the operation and
maintenance of the program to be undertaken by the Local Government Unit of Pasil.

ARTICLE XII. PENAL AND FINAL PROVISION

Section 107. Any individual, person or persons who violate a provision of this Code shall suffer the
following penalties, as maybe applicable and appropriate:

a) First Offense. Fine of Two Thousand (P2, 000.00) pesos or imprisonment of one (1) day to thirty
(30) days, or both fine and imprisonment at the discretion of the court without prejudice to
administrative sanction in case of business establishment, firms corporation and the like.

b) Second Offense. Fine of Two Thousand Five Hundred (P 2, 500.00) pesos or imprisonment of
thirty (30) days and one (1) day to Ninety (90) days, or both fine and imprisonment at the
discretion of the court without prejudice to administrative sanction in case of business
establishment, firms corporation and the like.

c) Third Offense. Fine of Two Thousand Five Hundred (P 2, 500.00) pesos or imprisonment of
ninety (90) days and (1) day to six (6) months, or both fine and imprisonment at the discretion of
the court without prejudice to administrative sanction in case of business establishment, firms
corporation and the like

Section 108. As maybe appropriate and applicable, administrative sanctions may include suspension and
cancellation of business permits, among others. In cases of business establishment or corporations, the
owner and/or manager/ proprietor shall be held liable to suffer the penalties provided herein.

Section 109. Tree-planting activities and community service may also be imposed and included as
penalties for violations of this Code as may be applicable and appropriate.

Section 110. The foregoing penalties shall be imposed without prejudice to the imposition of higher
penalties provided by existing national laws.

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Section 111. Applicability Clause. Provisions of such other laws and regulations as they pertain to the
subject matters included in this Code and applicable in the Municipality are made integral part of this
Code.

Section 112. Separability Clause. If, for any reason or reasons, any parts of the provisions 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 113. Repealing Clause. All ordinances, local executive orders, local proclamations and local
administrative regulations, or parts thereof, which are inconsistent with any provisions of this Code, are
hereby repealed or modified accordingly.

Section 114. Effectivity. This Code shall take effect upon its approval.

Enacted this ________ day of _______________ 2014, Pasil, Kalinga.

SAMUEL W. TAYA-AN ALBERT B. MAIYAO ROSEMARIE L. ANDOMANG

Councilor Councilor Councilor

RYAN L. TACLAWAN NICK C. BOMMOGAS BENJAMIN O. MANGGAD

Councilor Councilor Councilor

ELPIDIO P. DUPALI JOHN DULAWEN A. YA-O PIO P. SAGA-OC

Councilor Councilor Liga President

Certified Correct: AILEEN M. LIMTO

SB Secretary

Attested: ELLEN B. MALANNAG

Vice Mayor/SB Presiding Chairman

Approved: JAMES S. EDDUBA

Municipal Mayor

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