“AN ORDINANCE REGULATING THE CUTTING, GATHERING, AND
UTILIZATION OF ANAHAW PALMS (Saribus Rotundifolius) IN THE MUNICIPALITY OF THE TINAMBAC AND PROVIDING PENALTIES FOR VIOLATION THEREOF.” Proponent: ALL SB MEMBERS WHEREAS, it shall be the policy of the government to encourage maximum utilization on a sustainable basis and wise-use of non-timber forest products, particularly Anahaw Palms. WHEREAS, Section 16, Article II of the 1987 constitution declared that 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; WHEREAS, Environmental conservation and protection is among the priority programs of the Municipal Government of Tinambac;
WHEREAS, pursuant to Presidential Decree No. 953, "requiring the
planting of trees in certain places and penalizing unauthorized cutting, destruction, damaging and injuring of certain trees, plants and other vegetation", was enacted to ensure strict compliance for environmental protection purposes; WHEREAS, the Municipality of Tinambac, in response to the call of ensuring the total protection of the environment particularly in the maintenance and removal of trees planted within its jurisdiction, this ordinance was enacted to complement the implementation of PD No. 953;
NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED
by the Sangguniang Bayan of Tinambac, Camarines Sur in its regular session duly assembled that: Section 1. Title. This ordinance shall be known as the “Anahaw Palm Ordinance of 2020” Section 2. Declaration of Policy. It shall be the policy of the government to encourage maximum utilization on a sustainable basis and wise-use of non-timber forest products, particularly Anahaw Palms. Section 3. Definition of terms. As used in this ordinance, the following terms are hereby defined as follows: a. Affidavit of Undertaking - a formal pledge or promise to do something. b. Anahaw palm – is a member of the genus Saribus and belongs to the Arecaceae family with scientific name Saribus rotundifolius. i. It is a non‐timber forest species with great economic potentials. ii. It is a round-leaf fountain palm, medium-sized to large, growing between 18-27 meters high, with a slender solitary trunk about 20-25 centimeters in diameter, bearing prominent leaf scars, and clothed with beautiful grayish woven fibers in the upper part below the crown. Spiny stalks support rounded, dark, glossy green leaf blades, divided into many linear, rigid, notched lobes, held on 2-meter long shiny petioles, the leaves becoming more divided as they get older. Its leaves are used for thatching and food wrapping. iii. Its orbicular, fan‐shaped leaves or fronds and pleated leaf blades are good roofing and fan‐making materials while its trunks are preferred for constructing low‐cost houses, particularly in rural areas. iv. It grows widely throughout the Philippines and grows in a wide range of climate but prefers humid conditions
c. Green Muscardine Fungus (GMF) dust – refers to a Biocon agent used
to infects healthy larva, pupa, and adult of the beetle to control its breeding. d. Mayor's Permit or Permit – For the purpose of this ordinance, the term Mayor’s Permit or Permit shall be used interchangeably. it shall be defined as a document issued to the permittee who wishes to cut, gather or utilize Anahaw palms within the Municipality of Tinambac. Such document will be approved only after submission of requirements, payment of necessary taxes and fees imposed thereon. e. Mulch - is any material that is spread or laid over the surface of the soil as a covering. It is used to retain moisture in the soil, suppress weeds, keep the soil cool, and make the garden bed look more attractive. Organic mulches also help improve the soil’s fertility, as they decompose. f. Permittee – is a person who is given a permit or other official authorization to do something. g. Pheromone trap - is a type of insect trap that uses pheromones to lure insects. h. Sawdust (or wood shavings) - is a by-product or waste product of woodworking operations such as sawing, milling, planing, routing, drilling and sanding. It is composed of fine particles of wood. i. Transport - take or carry (people or goods) from one place to another by means of a vehicle, aircraft, or ship. j. Tax Clearance – is a confirmation from the Municipal Treasurer's Office that the applicant’s tax affairs are in order Section 4. Scope and Coverage. This regulation shall apply to all Anahaw Palms (Poles and Leaves) found within the territorial jurisdiction of the Municipal Government of Tinambac, Camarines Sur. Provided that no cutting/gathering and/or utilization of Anahaw palms shall be allowed in all protected areas covered under the NIPAS ACT of 1992. Section 5. Replanting condition. For Every mature Anahaw Palm harvested, the applicant shall be required to plant two (2) healthy Anahaw palms Seedlings to avoid depletion of resources. Section 6. Mayor’s Permit. A permit from the Office of the Municipal Mayor is required for the following activities: a. Cutting of Anahaw Palms (Poles and Leaves); and b. Transporting cut Anahaw Poles and Leaves out of the Territorial Jurisdiction of the Municipality of Tinambac. Section 7. Non-Timber Forest Product Permit (Anahaw palms). This ordinance shall adopt the provisions of DENR Administrative Order (DAO) No. 2000-64 which are not inconsistent with this ordinance. (Attached herewith is a copy of said DAO. Section 8. Application for Permit. The application for permit shall be filed with the Office of the Municipal Mayor and shall be accompanied with the following: a. Application Letter; b. Non-Timber Forest Product Permit (Anahaw palms). c. Land title or tax declaration; d. Tax Clearance from the Municipal Treasurer's Office; e. Barangay Certification confirming the area and number of Anahaw palms to be cut or Program of cutting and disposal activities; f. Affidavit of Undertaking signed by the applicant to plant at least two (2) healthy Anahaw palms for every Anahaw Palm cut; and g. Affidavit of Undertaking signed by the applicant who will be liable in case of non-compliance with this ordinance h. Field inspection and validation, Post-evaluation. Section 9. Issuance of Permit. Upon proof of compliance with the requirements, the applicant shall be issued a permit which shall indicate the following binding conditions: a. The maximum number of Anahaw palms allowed for cutting; b. The area or location of cutting activities; c. The period for cutting activities; d. The means of disposal of the unutilized part of the palm and/or waste material; and e. To plant at least two (2) healthy Anahaw palms for every Anahaw Palm cut; Provided that, Subsequent permit shall only be issued upon proof of full compliance with the conditions set forth in the previous permit. Section 10. Supervision by LGU Personnel. Once a permit to cut is issued, the permittee shall be escorted by an LGU Personnel and/or Barangay Agricultural Worker of Concerned Barangay to serve as witness in the cutting, gathering, transporting and replanting of Anahaw Palm Trees.
Section 11. Approved methods of Disposal. The following are the
approved means of disposal of unutilized part of the palm and other waste product:
a. Log disposal and farm sanitation
waste material from cutting palms and other debris shall be used as compost or mulch
b. Sawdust Management
Sawdust heaps must be disposed by scattering thinly on the
ground at a maximum of 3 inches thick
c. Establishment of 1m x 1m x 0.5m coco dust trap boxes containing
decaying coco dust laced with Green Muscardine Fungus (GMF) at 500 grams GMF powder per box and 10 boxes per hectare for wild beetle trapping and oviposition site
d. Dusting of GMF to decaying Anahaw palm bole at a minimum of
250 grams GMF per bole
e. Setting-up of Pheromone trap at 8 traps per hectare
Section 12. Penal Provisions. Violation of this ordinance shall be penalized as follows: I. Penalties against Holder of Permits:
a. Violations of the Conditions of the Permit:
First Offense:1,000.00 Second Offense: 2,000.00 Third Offense: 2,500.00 plus cancellation of business permit
b. Cutting of Anahaw palms in excess of the number allowed in the
permit shall be penalized with a fine of 1,000.00 per Anahaw Palm harvested.
II. Penalties against non-Holder of Permits: Any Anahaw leaves or poles
covered by these regulation which are cut/gathered without a permit and shall/or transported without the prescribed documents shall be considered illegal, and subject to confiscation in favor of the Municipal Government of Tinambac with corresponding payment of a fine of Php 15,000 and shall be disposed in accordance with laws, rules and regulations governing the matter, without prejudice to the filing of appropriate criminal charges against the owner/possessor. Section 13. Monitoring Committee and Composition. There is hereby organized a monitoring committee composed of the following:
Chairman : Municipal Mayor
Members : 1. Committee on Agriculture SB Chairman 2. Municipal Agriculturist 3. ABC President 4. Punong Barangay of Concerned Barangay 5. Barangay Agricultural Worker of Concerned Barangay
Section 14. Monitoring Committee, Function. The Monitoring
Committee shall perform the following duties and functions: a. Keep an inventory of Anahaw palm tree growers in each barangay; b. Keep an inventory of the permit to cut issued; and c. Monitoring on the compliance of the set guidelines of SB Ordinance. Section 15. Repealing Clause. All local laws, rules and regulations inconsistent with this ordinance are deemed repealed/amended accordingly. Section 16. Separability Clause. If for any reasons, any part of provision of this ordinance hereof which are not affected thereby shall continue to be in full force and effect. Section 17. Effectivity. This ordinance shall take effect immediately upon approval hereof. SO ORDAINED / ENACTED: