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MBC ;JRepublic of the Philippines

HON. NASIA T. GALIB Bangsamoro Autonomous Region in Muslim Mindanao


Municipal Vice Mayor/ Presiding
Officer MUNICIPALITY OF HADJI PANGLIMA TAHIL
Sulu
HON. HAJIJA A. MASARIK Office of the Sangguniang Bayan
SB Member ________________________________________________________________
Chairman: Committee on Education
and Culture EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG
BAYAN OF HADJI PANGLIMA TAHIL, SULU, HELD AT THE SESSION HALL ON
HON. NAFIZA M ABIDIN FEBRUARY 26, 2020.
SB Member
Chairman: Committee on Health
and Social Welfare MUNICIPAL ORDINANCE NO. 02-01
SERIES 2020
HON. DORMI S. JILOH
SB Member
Chairwoman: Committee on “AN ORDINANCE IMPOSING AN ENVIRONMENTAL FEE IN THE MUNICIPALITY
Appropriation OF HADJI PANGLIMA TAHIL, SULU, PRESCRIBING PENALTIES FOR
VIOLATION THEREOF AND FOR OTHER RELATED PURPOSES”
HON. GHALIB A. HADJULANI AUTHORED BY: HON. HAJIJA A. MASARIK
SB Member SB CHAIRMAN, COMMITTEE ON EDUCATION AND CULTURE
Chairman: Committee on
Agriculture and Fisheries and
Environmental Protection WHEREAS, Section 5, Article X of the 1987 Constitution provides that “each
local government unit shall have the power to create its own sources of revenues
HON. AMIRUL M. HADJIRUL and to levy taxes, fees and charges subject to such guidelines and limitations as
SB Member the Congress may provide, consistent with the basic policy of local autonomy.
Chairman: Committee on Such taxes, fees and charges, shall accrue exclusively to local governments”;
Peace and Order and Human Rights
WHEREAS, Section 2 of the Local Government Code states that “the
HON. MUSSAH U. territorial and political subdivisions of the State shall enjoy genuine and
ABDULHAMID meaningful local autonomy to enable them to attain fullest development as self-
SB Member reliant communities and make them more effective partners in the attainment of
Chairman: Committee on Women national goals. Toward this end, the State shall provide for a more responsive and
and Family
accountable local government structure instituted through a system of
decentralization whereby local government units shall be given more powers,
HON. IDJAM A. ANNI authority, responsibilities and resources;
SB Member
Chairman: Committee on Women
and Family WHEREAS, Section 16, Article II of the Constitution likewise provides that
“the State shall protect and advance the right of the people to a balanced and
HON. ALMA A. SALI healthful ecology in accord with rhythm and harmony”;
SB Member
Chairman: Committee on WHEREAS, Section 16 of the Local Government Code states that the local
Cooperatives government units shall exercise powers expressly granted, those necessarily
implied therefrom, as well as the powers necessary, appropriate, or incidental of
HON. ELENA H. DATAN its efficient and effective governance, and those which are essential to the
SB Member/ ABC President promotion of the general welfare. The local government unit shall ensure and
Chairman: Committee on Ways and
Means
support the preservation and enrichment of culture, promote health and safety
and enhance the right of the people for balanced ecology;

HON. NUR-AINA D. WHEREAS, the Municipality of Hadji Panglima Tahil is emerging as one of
HADJIRUL tourist destinations in Province of Sulu anchoring white sand beaches;
SB Member/ SK Fed. President
Chairman: Committee on Youth and
WHEREAS, the flourishing tourism and economic activities in the
Sports Development
municipality have intensified the risks of environmental degradation, destruction
of ecosystem, and water pollution;

NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE


SANGGUNIANG BAYAN, IN SESSION ASSEMBLED, BY VIRTUE OF THE POWER
VESTED IN IT BY LAW, THAT:

SECTION 1: TITLE. This Ordinance shall be known as “The Municipality of


Hadji Panglima Tahil’s Environmental Fee System Ordinance”.

Pp02/ Ord No. 02-01 s 2020


SECTION 2: DECLARATION OF PRINCIPLES AND POLICIES. It is hereby declared the policy of the Municipal
Government:

a. To promote the protection and conservation of natural resources pursuant to existing Philippine
environmental laws and assure the wise utilization and management on a sustainable basis of the
municipality’s natural resources with the necessity of maintaining a sound and ecological balance and
enhancing the environment;
b. To promote, enhance and sustain tourism activities in the municipality through the conservation and
protection of various tourist destinations;
c. To establish additional source of funding which shall be applied to finance conservation, protection and
management of various eco-tourism sites in the municipality
d. To share responsibility for environmental protection, remediation, restoration and development by
allocating costs to responsible agents and users;
e. To generate funds by identifying additional sources of revenues to finance the implementation of
environmental and tourism plans and projects;
f. To establish and implement partnerships and linkages among the local government and other concerned
national government agencies, non-governmental organizations, and other stakeholders;

SECTION 3. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall mean as follows:

a. Environmental Fee – refers to charges imposed on any person who visits/ enters the tourists destinations
situated in the municipality of Hadji Panglima Tahil, Sulu for the purpose of enjoying and/or experiencing
the various destinations and services provided by the natural environment or habitat within the
municipality.
b. Tourists/ Visitors/ Guests/ Travellers – refer to any natural person, not being the resident of Hadji
Panglima Tahil who enters the Municipality for the purpose of visiting, enjoying, viewing and/or
experiencing its tourist destination and other eco-tourism sites, although for a momentary period only;
c. Collection Agent – any designated employee of the Municipal Treasurer’s Office who are bonded to collect
fees and authorized to issue receipts;

SECTION 4. ESTABLISHMENT, SCOPE, AND APPLICATION OF THE ENVIRONMENTAL FEE SYSTEM. It is hereby
established an Environmental Fee System, which effectively allocates responsibility for environmental
management, development, protection, and remediation by charging a certain amount for the use and/or
enjoyment of the municipality’s environment and natural resources;

SECTION 5. SCOPE AND COVERAGE. The Environmental Fee System shall be enforced within the jurisdiction of
the municipality of Hadji Panglima Tahil including its municipal waters and all other natural resources;

SECTION 6. ENVIRONMENTAL FEE COLLECTION. The collection of the Environmental Fee shall be in accordance
with the following:

6.1 Environmental Fee. An environmental fee in the amount of Twenty pesos (P 20.00) shall be collected by
its designated and authorized collectors from all tourists, visitors, guests, travelers upon entering the
municipality’s tourist destinations. The environmental fee shall be good only for his or her entire stay in the
respective sites. All funds collected shall form part of the income of the municipality and shall be part of the
General Funds.

6.2 Collection Sites. Environmental Fees shall be collected at identified collection sites set-up at any entry
points for all tourists, visitors, guests, travelers.

6.3 Collecting Agents. The Municipal Treasurer shall be the principal collecting officer responsible for
collecting Environmental Fee. To assist him/her, the Local Chief Executive may appoint collecting agents.

6.4 Environmental Fee Collection shall be part of the General Fund of the Municipal Government.

6.5 Check and Balance. The Environmental Fee shall be disbursed by the Municipal Treasurer and undergo
regular monitoring as well as auditing procedures, including audit by the Commission on Audit.

SECTION 7. ADMINISTRATION AND MANAGEMENT OF THE ENVIRONMENTAL FEE. The Municipal Mayor shall
administer and manage all the collection, disbursement and allocation of funds collected based on the purpose
identified in this Ordinance. All fees collected shall be deposited in general funds account. An annual audit shall be

Pp03/ Ord No. 02-01 s 2020


undertaken by the Commission on Audit of all funds collected from the authorized and designated collectors to
ensure efficiency and transparency.

SECTION 8. EXEMPTION. The following shall be exempted from payment of Environmental Fee:

8.1 All residents of Hadji Panglima Tahil, Sulu shall be exempted from payment of the environmental fee,
provided he/she shows proof of residency such as passport, community tax certificate, voter’s ID, and
other competent evidence of identity.
8.2 All Filipino Senior Citizen and Person’s with Disability (PWD) shall have 20% discount in the
payment of the environmental fee, provided that the proper Senior Citizen’s ID or PWD ID shall be
presented by the person claiming exemption.
8.3 Children below 10 years old.

SECTION 9. UNLAWFUL ACTS. The following acts or omissions are prohibited:

9.1 Non-payment by any individual, subject to the provision of Section 8 hereof, of the required Environmental
Fee.

9.2 Misrepresentation by any individual of his identity, residency, age, or other personal circumstances to
avoid payment of the required Environmental Fee.

9.3 Non-issuance by the designated and authorized collectors of the required official tickets/ receipts in the
favor of the payees of the Environmental Fee;

9.4 Collection by any individual of Environmental Fee or charging any form of entrance fee to tourists, visitors,
guests, travelers entering the municipality’s tourist destinations without proper authority to do so;

SECTION 10. PENALTIES FOR VIOLATIONS. Any person committing any of the unlawful acts or omissions
enumerated in Sections 9.1 and 9.2 hereof shall be reprimanded by a fine of not less than double the amount of
prescribed Environmental Fee to not more that p 2, 500. 00.

Any person committing any of the unlawful acts or commissions enumerated in Sections 9.3 and 9.4 shall be
punished by a fine of not less than double the amount of the Environmental Fee to not more that P 2, 500. 00 or by
imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment, at the discretion of
the court.

SECTION 11. APPROPRIATION. An initial appropriation of Five Thousand Pesos (P 5, 000. 00) shall be embarked
for the purpose of funding initial activities for setting up the necessary institutional mechanisms and processes
that will ensure effective implementation of this Ordinance;

SECTION 12. REPEALING CLAUSE. All ordinances contrary to or inconsistent with this Ordinance are hereby
repealed or modified accordingly.

SECTION 13. SEPARABILITY CLAUSE. If any part or provision of this Ordinance is declared unconstitutional or
invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof.

SECTION 14. EFFECTIVITY. Upon the approval of the Local Chief Executive, this Municipal Ordinance shall take
effect following or at the end of the period of the posting of two consecutive weeks at prominent places in the
municipal hall, barangay halls of each barangay and in the municipality’s tourists destination, whichever occurs
later.

I HEREBY CERTIFY to the correctness of the foregoing Ordinance which was duly enacted by the Sangguniang
Bayan of Hadji Panglima Tahil during its Regular Session held at SB Session Hall, Bangas, Hadji Panglima Tahil, Sulu
on February 26, 2020.

JAYZALIE JILAH JAJURIE, RN


Secretary to the Sangguniang Bayan
ATTESTED:

NASIA T. GALIB
Vice Mayor/Presiding Officer
Pp04/ Ord No. 02-01 s 2020
CONCURRED BY:

IDJAM H. ANNI NAFIZA M. ABIDIN GHALIB A. HADJULANI


SB Member SB Member SB Member

AMIRUL H. HADJIRUL ALMA A. SALI DORMI S. JILOH


SB Member SB Member SB Member

MUSSAH U. ABDULHAMID HAJIJA A. MASARIK ELENA H. DATAN


SB Member SB Member LIGA President

NUR-AINA D. HADJIRUL
SK President

APPROVED:

MOH. MUSTAFA S. BURAHAN


Municipal Mayor

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