Draft City/Municipal Ordinances

Appendix J.1. Draft city/municipal ordinance on the adoption of City/Municipal Tree Greening
and Sustainable Hillyland Farming Technologies within Mananga Watershed.

Republic of the Philippines

Province of Cebu
City/Municipality of ____

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF SANGGUNIANG

PANGLUNGSOD/BAYAN HELD LAST ____________________________________ AT
______________________________

PRESENT:

ABSENT:

RESOLUTION NO. ___

Series of ______

“A RESOLUTION ENACTING CITY/MUNICIPAL ORDINANCE NO. ___ KNOWN AS

AN ORDINANCE ADOPTING THE CITY/MUNICIPAL TREE GREENING AND
SUSTAINABLE HILLYLAND FARMING TECHNOLOGIES WITHIN MANANGA
WATERSHED”

Sponsored by: _________________

WHEREAS, Republic Act No. 7160 otherwise known as the Local Government Code of
1991 empowers the Local Government Units (LGUs) to adopt measures to safeguard and
conserve natural resources and to share with the national government the responsibility in the
management and maintenance of ecological balance within their territorial jurisdiction subject to
the provisions of other national policies;

WHEREAS, the LGU of ___________ recognizes Mananga Watershed situated along 16

upland barangays as an important watershed due to its ecological and economic significance;

WHEREAS, the grasslands, brushlands and hillylands or sloping lands under cultivation
within Mananga Watershed are experiencing natural resource deterioration such as soil erosion
and the magnitude has become widespread and increasingly complex;

WHEREAS, it has been noted that majority of the hillyland farmers do not take soil and
water conservation seriously that resulted in accelerated soil erosion at which soil losses are
beyond the tolerable level;
 WHEREAS, the LGU of ________________ desires to rehabilitate the degraded soils
through reforestation of grassland and brushland areas and the adoption of environment-friendly
hillyland farming technologies thereby restoring the ecological balance, improving the soil
fertility level, increasing farm yields and eventually sustaining crop productivity of the
agricultural farms within Mananga Watershed;

WHEREAS, the LGU of __________ intends to implement the development initiatives in

a co-management scheme with the Department of Environment and Natural Resources (DENR);

NOW THEREFORE, in motion of Honorable _____________ and duly seconded by

Honorable _________________;

BE IT RESOLVED AS IT IS HEREBY RESOLVED, to enact the following ordinance,

to wit:

CITY/MUNICIPAL ORDINANCE NO. ____

Series of _______

AN ORDINANCE ADOPTING THE CITY/MUNICIPAL TREE GREENING AND

SUSTAINABLE HILLYLAND FARMING TECHNOLOGIES WITHIN MANANGA
WATERSHED

The _____ SANGGUNIANG PANGLUNGSOD/BAYAN of the

CITY/MUNICIPALITY OF _______________, with members in session duly assembled hereby
ORDAINS that:

SECTION 1. Policy. It is hereby the policy of the City/Municipality of _______ to adopt

measures to protect and conserve the natural resources within its area of jurisdiction. For this
purpose, it shall institute such programs and schemes such as tree greening initiatives in
grassland, brushlands and built-up areas as well as adoption of sustainable hillyland farming
technologies within Mananga Watershed in a co-management scheme with the Department of
Environment and Natural Resources.

SECTION 2. Definition of Terms

a) Catchment – A hydrological unit bounded by the ridges or hilltops that divide it from
adjacent catchments, or drainage basins from which all waters drain to a single outlet or
contribute to only one stream or river. It is synonymous to watershed.

b) Reforestation – The replanting of an area with trees after its original trees have been cut
down.

c) Grassland – A land on which grasses or low green plants are the main vegetation.

d) Brushland – A land covered by a thick growth of bushes and small trees.

e) Soil – A dynamic natural body on the surface of the earth, in which plants grow,
composed of mineral and organic materials and living forms.
 f) Soil erosion – A process that involves the detachment, transportation and subsequent
deposition of soil particles through an agent such as water, wind or gravity.

g) Agroforestry – A system of land management whereby forest and agricultural products

are produced on appropriate and suitable areas simultaneously or sequentially for the
social, economic and ecological benefits of the community.

h) Soil and Water Conservation – A concept of prolonging the use of the land by devising
and implementing systems involving the wise use of soil and water so that there shall be
no loss of productivity and usefulness of the land for the chosen purpose.

i) Soil and Water Conservation Measures – These are vegetative and physical measures that
provide the soil with protective cover to minimize or arrest soil erosion.

j) Hillyland Farming – A method of agricultural cultivation in sloping lands where crops

are grown or animals are reared for domestic or commercial purposes.

k) Organic Farming - A strategy of producing food and other products without using toxic
chemicals that ruin the environment.

l) Intercropping – A farming system that grows different crops in the same field, usually in
alternate rows, or plant a crop between the rows of another crop.

SECTION 3. Implementation Strategies. The implementation of the city/municipal tree

greening initiatives and sustainable hillyland farming technologies such as but not limited to
agroforestry systems with soil and water conservation measures shall be lodged at the Office of
the City/Municipal Agriculture Office (C/MAO) and institutionalized as its regular mandate. The
C/MAO shall identify potential areas within Mananga Watershed and coordinate with the
CENRO Cebu City on potential areas in timberland as said areas are under the jurisdiction of
DENR. Further, it shall organize a technical team to implement, supervise and monitor the
implementation of these upland developmental initiatives.

In implementing these upland developmental initiatives, the following strategies should

be considered and applied depending on their applicability on actual situations:

a) A Memorandum of Agreement (MOA) with the DENR shall be executed to spell out the
duties and responsibilities of the signing parties for a co-management scheme in
implementing the upland development initiatives and a detailed project proposal shall be
formulated. The outline of the project proposal is shown below subject to modification:

a.1. Project Summary

a.2. Description of the Project Area
a.3. Rationale and Justification
a.4. Introduction
a.5. Development Goals and Objectives
a.6. Technical and Social Development Components
a.6.1. Mananga Watershed Landscape Restoration
a.6.1.1. Community Organizing and Capability Building
a.6.1.2. Environmental Care and Resource Rehabilitation
a.6.1.2.1. Tree Greening with Indigenous and Acclimatized Exotic
Species
 a.6.1.2.2. Microwatershed Development
a.6.1.2.3. Agroforestry Development with SWCs
a.7. Project Implementation Strategies
a.8. Project Management and Administration
a.9. Project Phasing
a.10. Expected Outputs and Impacts
a.11. Monitoring and Evaluation
a.12. Work Program and Budget
a.13. Attachments

b) Community organizing of communities shall be conducted and it shall commence after

the signing of the MOA.

c) Establishment of a City/Municipal Nursery shall be institutionalized where good quality

fruit and forest tree species shall be raised for distribution to the target beneficiaries.

d) Capacity building of hillyland farmers shall be undertaken on tree greening and

environment-friendly and sustainable hillyland farming technologies through trainings
and on-site coaching.

e) Reforestation of grassland and brushland areas shall be implemented using indigenous

tree species in combination with some acclimatized exotic species to improve the
vegetation cover. Further, check dams and gabions shall be established along waterways
to reduce runoff velocity and trap soil sediments.

f) Integration of agroforestry systems with soil and water conservation (SWC) measures
such as but not limited to contour hedgerows, rockwall or a combination of both
depending on the applicability in agricultural farms shall be adopted by the identified
farmer beneficiaries to increase soil surface cover and reduce the velocity of surface
runoff.

g) Intercropping with some fruit trees and other agricultural crops in coconut plantation
must be done.

h) Crop residues must be incorporated into the soil to increase the soil organic matter
thereby improving the soil fertility.

i) Crop rotation and intercropping should be incorporated in the cropping system.

j) Organic farming by applying organic fertilizers must be adopted to improve the physical
and chemical properties of soil.

k) In built-up areas, planting of some fruit trees in built-up areas is recommended not only
to increase vegetation cover but also as a source of additional income. This can be
implemented through the issuance of municipal ordinance requiring all concerned
individuals who apply for business permits, clearances, and marriages to plant fruit trees

SECTION 4. Implementation Fund. The LGU shall allocate an initial amount of

__________________ (Php__________) based on the approved project proposal to support the
implementation of the upland development initiatives in tree greening and sustainable hillyland
farming using agroforestry systems with soil and water conservation within Mananga Watershed
including the incentives prescribed in Section 5 of this Ordinance. An additional fund amounting
to _________________ (Php________) shall also be allocated after project completion as a
sustainability fund.

SECTION 5. Incentives and Benefits. All beneficiaries and/or adopter of this Ordinance shall
be provided with farm production assistance but not limited to farm inputs such as seeds and
fertilizers based on the standard farm requirements, livelihood support and/or technical assistance
and tax exemption to planted tree crops to include forest and fruit trees.

SECTION 6. Separability Clause. If any clause, sentence, provision or section of this

City/Municipal Ordinance shall be held invalid or unconstitutional, the remaining parts of the
Ordinance shall not be affected thereby.

SECTION 7. Repealing Clause. Any and all ordinances or parts hereof which are contrary or
inconsistent herewith are hereby repealed, amended, and/or modified accordingly.

SECTION 8. Effectively Clause. This Ordinance shall take effect immediately upon its approval
by the City/Municipal Mayor.

ENACTED without objection after its final reading on ________________; as proposed

and motioned by Hon ______________, duly seconded by ___________________; with the
favorable recommendations from the referee-Committee on Laws and Ordinances.

********

CERTIFIED TRUE AND CORRECT

________________, Philippines, ____________ (date)

_________________________
City/Municipal Vice Mayor
and
Presiding Officer
ATTESTED:

_____________________
SP/SB Secretary

APPROVED: __________________(date)

___________________________
City/Municipal Mayor
Appendix J.2. Draft city/municipal ordinance on the creation of Municipal Hazard Prevention and
Mitigation Council.

Republic of the Philippines

Province of Cebu
City/Municipality of ______

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF SANGGUNIANG

PANGLUNGSOD/BAYAN HELD LAST ____________________________________ AT
______________________________

PRESENT:

ABSENT:

RESOLUTION NO. ___

Series of ______

“A RESOLUTION ENACTING CITY/MUNICIPAL ORDINANCE NO. ___ KNOWN

AS AN ORDINANCE CREATING THE MUNICIPAL HAZARD PREVENTION AND
MITIGATION COUNCIL”

Sponsored by: _________________

WHEREAS, Republic Act No. 7160 otherwise known as the Local Government Code of
1991 empowers the Local Government Units (LGUs) to adopt measures to safeguard and
conserve natural resources and to share with the national government the responsibility in the
management and maintenance of ecological balance within their territorial jurisdiction subject to
the provisions of other national policies;

WHEREAS, the LGU _______ recognizes Mananga Watershed situated along ___
barangays in _________ as an important watershed due to its ecological and economic
significance that needs to be preserved, conserved and protected;

WHEREAS, due to the physical factors aggravated by destructive human activities within
the catchment, natural hazards such as landslide and flooding pose constant threats to the
community;

WHEREAS, the results of vulnerability assessment conducted by DENR has identified

those areas located in steeper slopes and near fault lines as vulnerable to landslides and may be
triggered further by high rainfall that causes the saturation of soil and lead for mass movement
downslope as well as on human influences; and the floodplains situated adjacent to rivers and
streams vulnerable to flooding;
 WHEREAS, landslide and flooding incidents have occurred in some sitios of the upland
barangays of _______________, _______________, _________________,
____________________;

WHEREAS, the LGU of ______________ is deeply concern for the welfare of its
constituents and committed to implement plans and activities to minimize and/or control hazards
so that affected communities shall be kept away from disasters and losses of lives and properties
be avoided;

NOW THEREFORE, in motion of Honorable _____________ and duly seconded by

Honorable _________________;

BE IT RESOLVED AS IT IS HEREBY RESOLVED, to enact the following ordinance,

to wit:

CITY/MUNICIPAL ORDINANCE NO. ____

Series of _______

AN ORDINANCE CREATING THE CITY/MUNICIPAL ENVIRONMENTAL HAZARD

PREVENTION AND MITIGATION COUNCIL

The _____ SANGGUNIANG PANGLUNGSOD/BAYAN of the

CITY/MUNICIPALITY OF ____________________, with members in session duly assembled
hereby ORDAINS that:

SECTION 1. Policy. It is hereby the policy of the City/Municipality of ______ to adopt

measures to address environmental hazards within its area of jurisdiction. For this purpose, it
shall institute hazard mitigating measures in landslide and flood prone areas to minimize and/or
control hazards so that affected communities shall be kept away from disasters and losses of lives
and properties are avoided.

SECTION 2. Definition of Terms

a) Hazard – refers to something potentially damaging event or physical disturbance.

b) Natural Hazard – refers to all atmospheric, hydrologic, geologic (especially seismic and
volcanic, landslides), and wildfire phenomena that, because of their location, severity,
and frequency, have the potential to affect humans, their structures, or their activities
adversely.

c) Anthropogenic Hazard – hazards relating to or caused by human influence.

d) Landslides – refers to gravity-driven downslope movement of a slide mass composed of

rock, soil and vegetation

e) Floods – natural and recurring event for a river or stream causing a watercourse to
overflow its banks onto adjacent lands.

f) Floodplains – low-lying lands adjacent to rivers and streams that are covered with
sediments as a result of recurring inundation or flooding.
SECTION 3. The City/Municipal Hazard Prevention and Mitigation Council. The
City/Municipal Hazard Prevention and Mitigation Council (C/MHPMC) shall be created under
the supervision of the Office of the Mayor. It shall be an institutionalized body and shall continue
to perform its functions even if there is a change in Local Chief Executive and Legislative Body.

SECTION 4. Composition and Functions. The City/Municipal Hazard Prevention and

Mitigation Council shall be composed of the following:

1. City/Municipal Mayor or his representative

2. City/Municipal Planning and Development Officer
3. City/Municipal Agricultural Officer
4. SP/SB on Environment
5. Chief of Police
6. City/Municipal Local Government Officer
7. City/Municipal Social Welfare and Development Officer

The City/Municipal Hazard Prevention and Mitigation Council (C/MHPMC) shall be

responsible in implementing all the landslide and flood hazard prevention and mitigation
measures of the City/Municipality of ________. It shall formulate detailed guidelines, hazard
prevention and mitigation strategies, early warning system and evacuation plan as well as
continuous availment of funding support.

SECTION 5. Implementation Strategies. In implementing this upland developmental initiative,

the following strategies should be considered and applied depending on their applicability on
actual situations:

1. Infrastructures and settlements must be avoided in areas with moderate to high

landslide vulnerability. These areas are located in steeper slopes, unstable geology
and near fault lines.

2. Consistent building and grading code must be implemented to withstand natural

hazards such as landslide and flooding.

3. There is a need of continuous monitoring of landslides and flooding within Mananga

Watershed.

4. Upper slopes of roads constructed in steeper slopes must be supported with ripraps.

5. Stricter floodplain regulations wherein settlements within flood prone areas

especially with higher water level must be relocated to higher grounds; and if not
possible, residents are required to increase building elevation requirements above the
highest water level.

6. Future repairs of bridge over Mananga River must be designed in such a way that it
will not obstruct the normal water flow. Further, construction must be done during
summer months.

7. An early warning system, escape route clearly marked and evacuation plan properly
disseminated.
 8. Education on public solid waste disposal must be done. This is to educate the people
not to throw their solid wastes into Mananga River.

SECTION 6. Implementation Fund. The LGU shall allocated a yearly financial budget
amounting to _______________________ (Php_________) based on the approved work and
financial plan to support the implementation of the different activities in hazard prevention and
mitigation.

SECTION 7. Separability Clause. If any clause, sentence, provision or section of this

City/Municipal Ordinance shall be held invalid or unconstitutional, the remaining parts of the
Ordinance shall not be affected thereby.

SECTION 8. Repealing Clause. Any and all ordinances or parts hereof which are contrary or
inconsistent herewith are hereby repealed, amended, and/or modified accordingly.

SECTION 9. Effectively Clause. This Ordinance shall take effect immediately upon its approval
by the City/Municipal Mayor.

ENACTED without objection after its final reading on ________________; as proposed

and motioned by Hon ______________, duly seconded by ___________________; with the
favorable recommendations from the referee-Committee on Laws and Ordinances.

********

CERTIFIED TRUE AND CORRECT

_______________, Philippines, ____________ (date)

________________________________
City/Municipal Vice Mayor and
Presiding Officer

ATTESTED:

_____________________
SP/SB Secretary

APPROVED: __________________(date)

___________________________
City/Municipal Mayor
Appendix J.3. Draft city/municipal ordinance requiring those Applying for Licenses, Permits,
Clearances, and Marriage Contracts as well as those Graduating Elementary and
High School Students to Plant Fruit-bearing Trees.

Republic of the Philippines

Province of Cebu
City/Municipality of ______

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF SANGGUNIANG

PANGLUNGSOD/BAYAN HELD LAST ____________________________________ AT
______________________________

PRESENT:

ABSENT:

RESOLUTION NO. ___

Series of _____

“A RESOLUTION ENACTING CITY/MUNICIPAL ORDINANCE NO. ___ KNOWN AS

AN ORDINANCE REQUIRING THOSE APPLYING FOR LICENSES, PERMITS,
CLEARANCES, AND MARRIAGE CONTRACTS AS WELL AS THOSE GRADUATING
ELEMENTARY AND HIGH SCHOOL STUDENTS TO PLANT FRUIT-BEARING
TREES”

Sponsored by: _________________

WHEREAS, Republic Act No. 7160 otherwise known as the Local Government Code of
1991 empowers the Local Government Units (LGUs) to adopt measures to safeguard and
conserve natural resources and to share with the national government the responsibility in the
management and maintenance of ecological balance within their territorial jurisdiction subject to
the provisions of other national policies;

WHEREAS, the LGU _______ recognizes the importance of fruit-bearing trees for
ecological and economic benefits;

WHEREAS, it has been noted that vegetation cover in built-up areas are somewhat
minimal and necessitates enhancement;

NOW THEREFORE, in motion of Honorable _____________ and duly seconded by

Honorable _________________;
 BE IT RESOLVED AS IT IS HEREBY RESOLVED, to enact the following ordinance,
to wit:

CITY/MUNICIPAL ORDINANCE NO. ____

Series of _______

ORDINANCE REQUIRING THOSE APPLYING FOR LICENSES, PERMITS,

CLEARANCES, AND MARRIAGE CONTRACTS AS WELL AS THOSE GRADUATING
ELEMENTARY AND HIGH SCHOOL STUDENTS TO PLANT FRUIT TREES

The _____ SANGGUNIANG PANGLUNGSOD/BAYAN of the

CITY/MUNICIPALITY OF _________________________, with members in session duly
assembled hereby ORDAINS that:

SECTION 1. Policy. It is hereby the policy of the City/Municipality of _______ to adopt

measures to protect and conserve the natural resources within its area of jurisdiction. For this
purpose, it shall institute such programs and schemes such as requiring those applying for
licenses, permits, clearances and marriage contracts as well as those graduating elementary and
high school students to plant fruit trees in built-up areas and in designated government lots.

SECTION 2. Definition of Terms

a) License – A permit granting permission to engage in an activity that would other be

illegal.

b) Clearance – A permission to do something or for something to take place.

c) Marriage – A legally recognized relationship, established by a civil or religious

ceremony, between two people who intend to live together as sexual and domestic
partners.

d) Built-up areas – Areas with many human habitation and buildings.

SECTION 3. Persons or Entities Covered and Quantity to be Planted. All concerned persons
or entities applying for municipal licenses, permits, clearances or marriage contracts are covered
by this Ordinance. They shall be required to plant one (1) fruit-bearing tree for every license,
permit, clearance, or marriage contract in their lots within built-up areas or in the designated area
by the Local Government Unit before the issuance of the above-mentioned documents.

The proof of planting will be done through ocular inspection and a certification shall be
issued by the Barangay Captain indicating the veracity and truthfulness that the person or entity
concerned has planted such number of fruit-bearing trees. Thus, the certification shall be one of
the requirements for every issuance of said documents.

For graduating elementary and high students, planting of one (1) fruit-bearing tree shall
be required for each student for graduation which will be planted in their parents titled or claimed
lots or in the designated government lots. Similarly, a certification shall also be issued by the
School Principal.

SECTION 4. Incentives and Benefits. All planters with the corresponding certificates as
required by this Ordinance shall have full ownership of the fruit-bearing trees that are planted in
their own titled or claimed lots within A & D built-up areas. All harvests and proceeds shall
accrue to the owner-planter. Further, the owner-planter shall be given a tax exemption to the yield
of the planted fruit-bearing trees equal to the number certified. However, for those planted in
government designated lots, existing sharing scheme shall be adopted with the tax exemption
enjoyed by the owner-planter.

SECTION 5. Separability Clause. If any clause, sentence, provision or section of this

City/Municipal Ordinance shall be held invalid or unconstitutional, the remaining parts of the
Ordinance shall not be affected thereby.

SECTION 6. Repealing Clause. Any and all ordinances or parts hereof which are contrary or
inconsistent herewith are hereby repealed, amended, and/or modified accordingly.

SECTION 7. Effectively Clause. This Ordinance shall take effect immediately upon its approval
by the City/Municipal Mayor.

ENACTED without objection after its final reading on ________________; as proposed

and motioned by Hon ______________, duly seconded by ___________________; with the
favorable recommendations from the referee-Committee on Laws and Ordinances.

********

CERTIFIED TRUE AND CORRECT

_______________, Philippines, ____________ (date)

________________________________
Vice/Municipal Vice Mayor and
Presiding Officer

ATTESTED:

_____________________
SP/SB Secretary

APPROVED: __________________(date)

___________________________
City/Municipal Mayor