You are on page 1of 6

Proposed Municipal Ordinance, for First Reading:

“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:

You might also like