Malay Municipal Ordinance No. 376, S. 2018 (Environment Code)

Republic of the Philippines Province of Aklan
MUNICIPALITY OF MALAY
Office of the Sangguniang Bayan
EXCERPT FROM THE MINUTES OF THE 5TH REGULAR SESSION OF THE

SANGGUNIANG BAYAN OF MALAY, AKLAN (2016-2019) HELD AT THE
SB SESSION HALL, POBLACION, MALAY, AKLAN ON FEBRUARY 6,
2018.
Present:
SB Member Jupiter Aelred G. Gallenero, Presiding Officer Pro-Tempore
SB Member Frolibar S. Bautista
SB Member Dalidig Y. Sumndad
SB Member Danilo G. Delos Santos
SB Member Dante C. Pagsuguiron
SB Member Julieta A. Aron, Liga President
Absent:
Hon. Abram L. Sualog, Municipal Vice Mayor (OB)
SB Member Natalie C. Paderes (sick leave)
SB Member Lloyd B. Maming (leave)
SB Member Maylynn A. Graf (leave)
X X X
MUNICIPAL ORDINANCE NO. 376

Series of 2018
AN ORDINANCE ENACTING THE ENVIRONMENT CODE OF THE

MUNICIPALITY OF MALAY, PROVINCE OF AKLAN.
THE ENVIRONMENT CODE AS A NATIONAL POLICY
Defined in Presidential Decree No. 1152, the Philippine

Environmental Code “…is a body of laws settling forth management
policies and prescribing quality standards for the environment in its
totality”. It comprises a two-fold set of policies relative to
Philippine Natural Resources (e.g. fisheries and aquatic resources;
wildlife; forestry and soil conservation; flood control and natural
calamities; energy development; conservation and utilization of
surface and ground waters; and mineral resources):
1. To manage these natural resources in order to obtain maximum

benefits therefrom; and
2. To conserve these natural resources for the future generations.
The Environment Code of the Municipality of Malay 2017 (the

Code), complies with the requirements of the Philippine Environmental
Code. It sets the ground rules for an “environmentally sustainable
economic development” of the municipality by ensuring that its
constituents adhere to a system of wise and prudent exploitation of
its resources, ensuring, to the highest degree possible, their
sustainability. In the attainment of its vision, mission, and goals,
the municipality has created the offices and developed human capacity
necessary in order to ascertain the efficient and effective
implementation of these ground rules. Ensuring a strong, active and
maximum people’s participation in all levels of local governance, the
Code will serve as an instrument not only in promoting wholesome
environment but also in pursuing sustainable development that will
benefit the greater majority of its constituents. Indeed,
sustainability will remain the major goal of the Code as the Malaynons
Page 1of 77
MUN. ORDINANCE NO. 376, FEBRUARY 6, 2018
pursue actions and do business in the future. This reality a big

challenge to the municipality to think collectively and be more
receptive to global as well as local imperatives of change. Hence, the
Code paves the way for:
1. Creating and enhancing a national set of environmental performance
data;
2. Providing a transparent basis for monitoring, evaluation and
benchmarking;
3. Supporting exchange of data, information, knowledge and transfer of
skills;
4. Helping policy makers make sound decisions.
STATUS AND TRENDS OF THE PHILIPPINE ENVIRONMENT
SUMMARY STATEMENTS
1. THE OVERALL CONDITION OF THE PHILIPPINE COASTAL ENVIRONMENT IS POOR TO FAIR.

BORACAY ISLAND IN MALAY IS A MICROCOSM REFLECTING THESE CONDITIONS. Compared
with the marine waters of other neighboring countries in Southeast
Asia, the Philippine territorial seas are considered as being in
poor-to-fair condition. The coastal environment, however, is
largely in the ‘poor’ category, many habitats closest to pollution
hotspots are even considered beyond recovery. This is a testament
to the extreme pressures of the recent past and the present
decades, combined with relatively poor conservation and management
of high-priority and emerging issues in the last 20 years.
2. PHILIPPINE STATE OF KNOWLEDGE AND ITS USEFULNESS IN THE SUSTAINABLE DEVELOPMENT OF

COASTAL RESOURCES AND INSTITUTIONS ARE NOT YET WELL SUITED TO THE LOCAL ACTUAL
CONDITIONS AND NEEDS. THIS IS ALSO REFLECTED IN THE MUNICIPALITY OF MALAY. Three
of the most significant driving forces which are placing lives of
the communities and nature’s balance at great risk are: Habitat
degradation, resource depletion and global warming. While national
and local laws exist, these are not or incompletely enforced. On
the other hand, while science has shown significant signs of
improvement in terms of funding, priorities still remain misguided.
What is needed is a better and proper understanding and sustainable
use of the environment and its resources, using science as the
base.
3. PHILIPPINE DECISION MAKERS AND SCIENTISTS HAVE ONLY A RUDIMENTARY UNDERSTANDING OF

WHY (AND ESPECIALLY HOW) WE SHOULD SUSTAIN THE BASIC SOURCE OF SURVIVAL OF
PEOPLE, WHICH IS THE ENVIRONMENT. These individuals of authority and with
the knowledge have a meager understanding that altering environment
alters the peoples’ very own lives and evolutionary future. While
conservation practices are not wanting, these are undertaken
superficially and mainly for economic ends, not to sustain the
ecological goods and services of ecosystems from which the benefits
are derived.
4. WHAT IS NEEDED IS A STRONG EFFECTIVE PROMOTION OF A FUNCTIONAL AND LOCALLY

RECEPTIVE ENVIRONMENT CODE GUIDED BY THE ECOSYSTEM APPROACH. The Ecosystem
Approach is ‘…a strategy for the integrated management of land, water
and living resources that promotes conservation and sustainable use in
an equitable way. It is based on the application of appropriate
scientific methodologies focused on levels of biological organization,
which encompass the essential processes, functions and interactions
among organisms and their environment. It recognizes that humans, with
their cultural diversity, are an integral component of ecosystems’.
This approach is the basis of ‘ecosystem-based management’ and the
social-ecological systems strategy.
Page 2 of 77
An archipelagic and maritime nation, the Philippines (130 00’

N, 122000’ E) is composed of 7,107 islands fringed by 36,289 km
coastline. It is located in Southeast Asia, favorably located in
relation to many of the region’s main water bodies: the South China
Sea, Philippine Sea, Western Philippine Sea, Sulu Sea, Celebes Sea,
and Luzon Strait. It has a total area of 300,000 sq. km (land:
298,170 sq. km; water: 1,830 sq. km). It has a territorial sea,
which is an irregular polygon extending up to 100 nautical miles
(nm) from coastline as defined by the 1898 Treaty of Paris. Since
the late 1970’s, it has also claimed a polygonal-shaped area in the
South China Sea up to 285 nm in breadth. Its exclusive economic
zone is 200 nm with its continental shelf to a depth of
exploitation.
The prevailing climate is tropical marine, with the northeast

monsoon from November to April and the southwest monsoon from May
to October. The terrain is mostly mountains with narrow to
extensive coastal lowlands, yielding timber, petroleum, nickel,
cobalt, silver, gold, salt, copper as natural resources. As of
2005, land use comprises 19% arable land, 16.67% permanent crops,
and other land uses comprises 64.33%. Irrigated land comprises
152,500 sq. km (2008) and total renewable water resources at 479 cu
km (1999). Freshwater withdrawal (domestic/industrial/
agricultural) totals 28.52 cu km/yr. (17%/9%/74%) per capita and
343 cu m/yr. (2000).
Natural hazards characterize the Philippines (the ‘disaster

capital’ of the world). It is astride a typhoon belt, usually
affected by 15 and struck by five to six cyclonic storms per year.
The other natural hazards include landslides, destructive
earthquakes, and tsunamis. In general, the current issues
pertaining to the environment include: uncontrolled deforestation
especially in watershed areas; soil erosion; air and water
pollution in major urban centers; coral reef, seagrass and mangrove
degradation.
THE OCEAN HEALTH INDEX FOR THE PHILIPPINES
Introduced by 34 scientists, ecologists, oceanographers and

economists in the United States and Canada in 2012, the Ocean Health
Index (OHI) is “a potential milestone for ocean management” in
troubled years ahead, the New York Times notes. It is a new system
developed to continually monitor the health of the world’s oceans. OHI
indicators describe ocean health according to how people benefit from
and affect the marine ecosystems. Of 117 territories OHI studied, the
Philippines came in as the 105th, scoring 51 (Halpern et al. 2012)
(Fig. 2). It performed poorly in seafood harvests and sustainability
of methods to protect indigenous species. We did well in access for
local fishing communities and preservation of habitats that absorb
carbon. In insular Philippines where six out of 10 Filipinos reside
along the coast, such scientific tools are critical. More than 30
percent of coastal countries received a score of less than 50 in the
OHI. Fewer than 5 percent scored higher than 70. It is important to
note that in tourism as one of the 10 major goals upon which the
rankings of the countries were based, the Philippines got 0 rating!
Page 3 of 77
Fig. 1. Score and rank of the Philippines in the Ocean Health Index
(Halpern et al. 2012), placing the country the 105th among the
117 territories OHI studied.
THE MAJOR ISSUES
The usefulness of the Ocean Health Index resides in the challenge

it poses to decision makers. The score and rank the Philippines got
mean that there is yet rooms for improvement. But 60 also means there
are some good things going on (Halpern et al. 2012). However, with a
rapidly increasing trend in human population, the Philippine marine
environment is envisioned to meet a comparatively similar fate as its
forests, which once sprawled abundantly the country’s hills and
mountains. Four major issues that caused and are still causing the
demise of the Philippine coastal and marine environment include:
1. UNSUSTAINABLE FISHING. Coming home with meager catches after hours of

fishing, local fisher folks are increasingly becoming desperate for
food and income. Hence, they tend to over-fish in many coastal
areas, removing the resources faster than they can be replaced, or
use destructive, even illegal means to catch fish (e.g. use of
explosives, trawling close to reefs or sea grass, driven by the
‘tragedy of the commons’. “For many fisheries, their status may be
summed up as ‘IUU’ or ‘Illegal, Unreported, Unregulated,’” Angel
Alcala of Silliman University wrote. Squirting cyanide into reefs
to stun fish “originated in the Philippines and Taiwan in the
1960s,” the UN Environment Programme recalls. By the mid-1980s,
“more than 80 percent of fish harvested, destined for the aquarium
trade, were collected using cyanide.” Misuse of cyanide spread to
ASEAN countries, then leapfrogged to Maldives in the Indian Ocean,
the Red Sea and the Seychelles. Cyanide decimated marine
populations and wrecked vital reefs.”
The World Wildlife Fund (WWF 2004) gives an excerpt from

the Asian Development Bank (ADB): ‘there has been a drop of 90% in
the quantity of marine organisms that can be trawled in some
traditional fishing areas of the Philippines. Mismanagement of
fisheries resources alone is estimated to cost US$ 420 million
annually in lost revenues in the Philippines’. The Bureau of
Fisheries and Aquatic Resources has proposed a ban in 10 of 13
fishing grounds due to destructive fishing.
Page 4 of 77
2. COASTAL INFRASTRUCTURE DEVELOPMENT. Construction of resorts and

establishments along the coast, often involving reclamation,
dredging and habitat conversion has been particularly damaging to
the Philippines’ marine environment, especially to mangroves, sea
grasses and coral reefs. In addition, they degrade water quality by
adding unwanted nutrients and biological agents that oftentimes
cause diseases to human populations. These unregulated coastal
developments violate the setback law, among others, but the
practice is rampant all over the country.
3. DEFORESTATION. Deforestation has been going on for decades in the

Philippines. This left only about 3% of the original cover (IUCN
2007), with th4e exception of Aurora and Quezon Provinces which has
still 70% of its original forests still intact (thanks to the
indigenous peoples whose ancestral domains claims have been
strengthened by legislation in recent years). However, agriculture
and urbanization, illegal logging and forest fires are continually
threatening existing forests. Severe soil erosion from forest
removal caused so much damage to lives and property in certain
regions of the country, and is threatening its high biodiversity
and endemicity. For example, of 180 native terrestrial mammal
species recorded in the country, about 61% are endemic (WWF 2004).
Hence, more studies are needed for the local marine habitats.
4. LAND-BASED POLLUTION. Water pollution has consistently been a growing

problem for the country’s coastal areas, the groundwater, rivers,
and lakes. With varying actions and impacts on coastal organisms
and habitats, the pollutants include sewage, detergents,
fertilizers and other nutrient-rich wastes, sediments/turbidity,
herbicides, pesticides, petroleum hydrocarbons, heated water from
power plants, hypersaline wastewater from desalination plants,
heavy metals (e.g. mercury, cadmium, lead), anti-fouling paints and
agents. After decades of advocacy against pollution, only about 10%
of sewage in the Philippines is treated or disposed of in an
environmentally sound way (World bank 2007). 90% goes back to
nature, the greater percentage usually going to the sea. 2/3 of the
world's total sediment transport to oceans occurs in SE Asia (GEMS
1996). This is the combined result of active tectonics, heavy
rainfall, steep slopes, and erodible soils disturbed by unsound
agricultural and logging practices.
THE ROOT OF THE ISSUES
The above issues affecting the coastal and marine environments

in the Philippines are brought about largely by the following root
causes: lack of the proper knowledge, failure to link that knowledge
to policies, poor and unsound planning, ineffective policies,
overlapping functions among government institutions over the
implementation of laws and weak management and enforcement of laws and
regulations due to lack of political will or uninformed obstinacy on
the part of some decision makers. Together with inadequate financial
support, coastal conservation has been a major challenge besetting the
Filipino people.
STATUS AND TRENDS OF THE ENVIRONMENT OF MALAY
The Municipality of Malay comprises 17 barangays. It has a very

rapid population growth rate of 12.58% in 2010, an unprecedented
increase of about 8% from its 2007 population figures. The tourism
industry of its Boracay Island has become the catalyst of its rapid
economic growth, enticing many investors to come and transform the
municipality into a cosmopolitan area it is now. Known to many, however,
it is this rapid tourism development especially in the island that has
been the major factor compromising its potential for further more
sustainable development.
Page 5 of 77
Fig. 3 below shows the matrix of major issues that have been
plaguing the municipality (reflected largely by the conditions in its
Boracay Island). It should be emphasized that, as the prime usefulness
of the ‘causal chain analysis’, or going into the very root of the
issues, the issues are complex, interrelated and interactive. However,
the analysis points to only seven as the root of them all:
demographic, economic, technological, knowledge, socioeconomic,
institutional, and governance. Hence, the urgent need to act
collectively and purposively on the part of all concerned. The
magnitude and the seriousness of the problems dictate and
substantially justify the formulation of a functional and effective
Environment Code.
Fig. 3. Causal chain Analysis of the major issues in Boracay Island,

reflecting for the most part those of the Municipality of
Malay.
THE ENVIRONMENT CODE OF THE MUNICIPALITY OF MALAY
CONTRIBUTING FACTORS AND PROCESSES
In the Philippines, development goals are influenced at all

levels of governance-barangay, municipality, provincial, and national-
by the government itself, interest groups, and politicians, the
science and technology sector playing a meager consultative role.
True for Malay and despite the clamor and the promise to change,
policy and planning are generally formulated via a ‘top-down’
approach, oftentimes dictated by interest groups. What dictates the
design and the pace still remains largely economic in nature,
unmindful of the impacts of the decisions on the goods and services of
ecosystems upon which the ‘business’ initiative depends in the first
place. This is particularly true especially in the island of Boracay.
As in many parts of the country, the people’s agenda for development
e.g. social welfare and the environment are not usually given due
attention and resources. Indeed, “…promoting a proactive environmental
agenda is a big risk to politicians.”
Page 6 of 77
Despite these odds, the LGU of Malay was keen in formulating an

Environment Code for the municipality. It is supportive of its intent
and the product to be had in the near future. The active presence and
perseverance of some civil society groups lends support to this goal,
in addition to some business and industry groups from outside the
town. The willingness and ability of Malay to adopt a non-conventional
drastic approach still remains a question, but with the recent
development, which saw some establishments along the prime beach area
in Boracay being demolished because of violations of the set-back law,
this question may not be asked anymore in the near future.
Sectoral consultations with local, regional and national interest

groups, in addition to the workshops and focused group discussions
with academic institutions, as well as collaborative research efforts
with the latter have resulted in recent events. These are addressing
issues that are compromising the integrity of the municipality’s
environment and sources of peoples’ livelihood. From here, emerged a
directed effort towards the solution of the environmental problems in
the municipality. The development of the Code springs from these
events.
STRUCTURE OF THE ENVIRONMENT CODE OF MALAY
The Environment Code of the Municipality of Malay is largely

autonomous but considers most of the provisions set forth in the
Environment Code of Aklan suppletory in character. In the same light,
the Code conforms to the pertinent national legislations, making these
also a part and parcel of the present Code for Malay.
The Code is structured so as to facilitate understanding and ease

in use by its clients. Hence, it starts with Guiding Principles and
Framework of Action, emphasizing the point that the Code is a both a
legal and moral national policy. It gives a brief account of the
status and trends of the Philippine environment as well as that of
Malay as a justification for more support and purposive action in
favor of the environment. A number of contributing factors and
processes enhanced its formulation, influencing its structure. Laws
pertaining to the local environment are given (e.g. on Land Resources
Management, Air Quality, Noise Management and Energy Saving Practices,
and Water Resources Management). To facilitate identification of the
pertinent laws to specific issues, issue-oriented key to these laws is
presented. The institutional mechanisms to implement the Code
including potential funding sources, are also included.
ARTICLES AND SECTIONS
ARTICLE I
TITLE, AUTHORITY, POLICY, GOVERNING LAWS, DEFINITION OF TERMS
AND ACRONYMS
SECTION 1. TITLE AND DEFINITION. This ordinance shall be known as

the ENVIRONMENT CODE OF THE MUNICIPALITY OF MALAY, Wherein referred to as the
Code. Guided by the Presidential Decree No. 1152 (the Philippine
Environmental Code), The Code is a body of rules and regulations,
which directs policies and actions pertaining to the conservation,
sustainable utilization and management of the municipality’s natural
resources and prescribes quality standards for its environment.
Page 7 of 77
SECTION 2. AUTHORITY. The enactment of this Code is pursuant to

Section 9, Article II of the 1987 Philippine Constitution and the
provisions of Republic Act 7160 or the Local Government Code of 1991
particularly those that provide authority to the Local Chief
Executives to conserve and manage the environment and impose penalties
for acts inimical to the integrity and sustainable development of its
resources.
SECTION 3. DECLARATION OF POLICY. The ultimate goal of the Municipal

Government of Malay is to secure a better quality of life for
Malaynons through a ‘socio-environmentally sustainable economic
development’. This means pushing for growth that is sustainable, based
on the integrated inputs from science, history, culture, markets,
legislations and politics. This is possible through the enactment of
the Code, which ensures that actions sustain the diverse and healthy
environment for present and future generations by maintaining a high
standard of environmental responsibility and performance through the
implementation of a comprehensive environmental management system.
SECTION 4. BASIC PRINCIPLES AND FRAMEWORK OF ACTION. The main concern

under this topic is Ecologically Sustainable Development (ESD). ESD
means using, conserving and improving natural resources so that the
ecological processes on which life depends can continue in the future.
GUIDING PRINCIPLES
The Eight Environmental Principles that follow serve as guides

to the decision-making process of the Malay LGU in the implementation
of all its environmental actions.
1. PRINCIPLE OF CONSERVATION OF BIOLOGICAL DIVERSITY AND ECOLOGICAL INTEGRITY.

This means conserving the diversity of flora and fauna and the
health and sustainability of ecosystems. The objective of
conservation should not be largely economic. It should give more
emphasis on the maintenance of the ecosystem goods and services
upon which the economy and society depend.
2. PRINCIPLE OF VALUATION AND THE “POLLUTER PAYS PRINCIPLE”. This principle

guides the integration of long-term and short-term economic,
environmental, social and fairness considerations into decision-
making. It makes sure that the price of products reflects the true
costs of both production and disposal at the end of a product’s
life.
3. THE “POLLUTER PAYS” PRINCIPLE. This means that the cost of pollution and
waste should be paid by those who cause the pollution or create
waste.
4. PRECAUTIONARY PRINCIPLE. The following courses of action will guide the

LGU and partners to simplify efforts:
a. Implement reasonable actions to prevent pollution of air, water,

and soil and minimize the impact of any activities that degrade
the environment even those, which are accidental or unavoidable;
b. Use the municipality’s natural resources in a wise and efficient

manner;
c. Use energy as efficiently as possible during the generation,

transmission, and distribution of electricity, and the operation
of its facilities, and promote efficient use of electricity by
stakeholders;
d. Maintain an adequate level of emergency preparedness in order to

respond quickly and effectively to environmental emergencies;
Page 8 of 77
e. Recover, reduce, reuse and recycle waste materials whenever

feasible; and
f. Use the best available knowledge it can muster to prevent,

mitigate and adapt the community to environmental impacts.
5. PRINCIPLE OF CONTINUOUS IMPROVEMENT. The following policies or courses of

action may guide the LGU and partners achieve this principle:
a. Audit facilities to assess potential environmental risks and to

identify opportunities for continual improvement of
environmental performance;
b. Establish environmental objectives and targets, and monitor

environmental performance;
c. Integrate environmental considerations into decision-making

processes at all levels;
d. Empower all Malaynons to be responsible for the environmental

aspects of their jobs and ensure that they have the skills and
knowledge necessary to conduct their work in an environmentally
responsible manner; and
e. Make Malay a place where businesses are encouraged to make

profit and, at the same time, feel morally obligated to operate
sustainably.
6. PRINCIPLE OF COMPLIANCE. The following courses of action may serve the

LGU and partners achieve this principle:
a. Comply with all applicable environmental laws and regulations,

and participate in programs that espouse environmental
sustainability;
b. Periodically report to the constituents, government agencies,

and the general public on environmental performance, commitments
and activities;
c. Monitor compliance with environmental laws and regulations, and

quantify predicted environmental impacts of selected activities
on the environment; and
d. Respect the cultural heritage of the people of the Municipality

and strive to minimize the potential impact of corporate
activities on heritage resources.
7. PRINCIPLE OF ENVIRONMENTAL JUSTICE. The Code ensures and promotes the

recognition that:
a. All residents have the right to live and work in an environment

of verdant hills and mountains, clean air, and clear and pure
water;
b. The public and private sectors have the right to be informed of

scientific findings concerning hazardous emission levels,
ecosystem risks, and to participate in the development and
implementation of adequate environmental regulations in their
communities; and
c. The LGU and partners will uphold the civic expectation that the
public and private sectors of the municipality will engage in
practices that contribute to a healthy economy and truly livable
environment.
Page 9 of 77
8. PRINCIPLE OF INTERGENERATIONAL EQUITY. This means that the current

generation should accept and make sure that the health, diversity
and productivity of the environment are sustained and enhanced for
the benefit of future generations.
THE FRAMEWORK OF ACTION
The Framework of Action espoused by the Environment Code of

Malay stems from the Social-Ecological Systems Approach used in
addressing environmental issues (Fig. 1). In it, all stakeholders
can identify their roles in relation to each other. Key to action
is a common ground, a convergence or a rallying point, which is the
Ecosystem Services, since this is the collective goal, where all
partakers speak a common language (the basic need):
Fig. 1. The Social-Ecological Systems Approach as the Framework of

Action being espoused by the Environment Code of Malay
More importantly, each box relates to each other and they are
all interdependent. Hence, the questions being asked (Q1-Q5) would
give an idea of how each box ensures that the entire system acts as
one entity in ventilating and solving the issue or issues at hand.
These questions are:
Q1: How do long-term and short-term human impacts interact to alter

ecosystem and community functions?
Q2: How can biological characteristics of an ecosystem be both the

causes and consequences of fluxes of energy and matter?
Q3: How do changes in ecosystem and community dynamics affect

ecosystem goods and services?
Q4: How do changes in ecosystem services feedback to alter human

behavior?
Q5: Which human actions influence the frequency, magnitude, and

form of human impacts across ecosystems, and what determines
these human actions?
Page 10 of 77
The approach is integrative and iterative, following the model of

the Integrated Science for Society and the Environment (ISSE)
model.
SECTION 5. DEFINITION OF TERMS. For purposes of this Code, the

following terms, unless the context indicates otherwise, shall mean:
AGRICULTURAL LAND - refers to a land devoted principally to the planting

of fruit trees, raising crops, livestock and poultry, inland fishing
and similar agricultural activities.
AIR POLLUTION - is any alteration on the physical, chemical and

biological properties of the atmosphere, or any discharge thereto of
any liquid, gaseous, or solid substances that will, or is likely to
create or to render the air resources harmful, detrimental or
injurious to public health, safety or welfare, or which will adversely
affect their utilization for domestic, commercial, industrial,
agricultural, recreational or other legitimate purpose.
AMBIENT AIR QUALITY - is the atmosphere’s average purity in broad area as

distinguished from discharge measurement taken from the source of
pollution or the present characteristics or nature of the surrounding
atmosphere.
ANIMAL WELFARE - refers to the viewpoint that it is morally acceptable

for humans to use non-human animals for food, in animal research, as
clothing, and in entertainment, so long as unnecessary suffering is
avoided.
AQUACULTURE – Fishery operation involving the breeding and farming of

fish and other fishery species in fresh, marine and brackish water
areas.
AQUACULTURE PROJECT - Shall refer to fish cages, fish pens, fishponds,

fish hatcheries, seaweeds farms, mollusks (pearls, mussels, oysters)
farms and other related projects.
AUTHORIZED SITE - refers to those areas that have been identified and
designated for tourism purposes, thus, are classified as authorized
site/s of visitation, development or promotion by the locality
concerned.
BIODIVERSITY - is the variability among living organisms from all sources

including terrestrial, marine and other aquatic ecosystem and
ecological complexes of which they are part. This includes diversity
within species and between species and ecosystem.
BIO-FILTER - Organism, which ingest impurities from the water making the
ponds meet the required optimum physical and microbiological
parameters for the cultured species such as mussels, seaweeds and
oysters.
BITTEN - refers to an act by which a dogs seizes, cuts and grips with
its teeth so that the skin of a person has been wounded, pierced or
scratched.
BRACKISH WATER AQUACULTURE – Refers to a fishery operation involving the

culture of fish in a mixture of seawater and freshwater with salinity
less than 30 parts per thousand.
CANINE - refers to the dog family or any related species
Page 11 of 77
CARBON MONOXIDE - is a colorless, odorless gas, about three (3%)percent

lighter than air, poisonous to human and animals and other forms of
life. When inhaled, it combines with hemoglobin in the blood
preventing absorption of oxygen and resulting in asphyxiation.
CARRYING CAPACITY (BASIC TECHNICAL DEFINITION) – The size of population of a

given species that can be supported in a given area or volume of a
body of water which will not lead to the deterioration thereof.
CARRYING CAPACITY (ECOTOURISM) - refers to the maximum number of people who

can use a site without an unacceptable adverse impact on the society,
economy and culture of the tourism area.
CAT - means and applies to a specific domestic animal (Felis

Domestica), male or female.
CERTIFICATE OF STEWARDSHIP CONTRACT(CSC) - refers to the tenurial instrument

issued by the government to qualified individual forest occupants who
shall have the right to enjoy the fruits subject to existing forestry
laws, rules and regulations. The agreement shall have a period of
twenty five (25) years, renewable for another 25 years.
CHARGES - refer to pecuniary liability, as rents or fees against persons

or properties.
CHEMICAL POLLUTANTS - are substances that enter the environment through

industrial, agricultural, and other human-generated processes and pose
a hazard to human, plant and animal health and life.
CLOSED RE-CIRCULATING SYSTEM - A system where the pond water, instead of

being discharged to the outside environment, is reused after
undergoing filtration in a setting pond or water treatment process.
CLOSED SEASON - is the period during which the taking of specified

fisheries species by a specified fishing gear is prohibited in a
specified area or areas in Philippine waters (RA 8550)
COAST - is the margin of the land next to the sea
COASTAL ZONE - is the part of the land affected by its proximity to the
sea and that part of the sea affected by its proximity to the land.
Its geographical extent may include areas within a landward limit of
one (1) kilometer from the shoreline to include mangrove swamps,
brackish water, fishpond, nipa swamps, estuarine, rivers, sandy
beaches and other areas reached by tides as well as those areas within
a seaward limit of 200 m isobaths to include coral reefs, algal flats,
sea grass beds and soft bottom trawl able areas.
CODE OF PRACTICE – A code prescribing principles and standards for

responsible practices with the end in view of ensuring the effective
conservation, management and development of aquaculture.
COLLECTION, TRANSFER, AND TRANSPORT - includes not only the gathering of

solid waste but also hauling of waste after collection on the location
where the transport vehicle is emptied.
COMMUNITY-BASED ECOTOURISM - is an activity or undertaking within a

particular area or locality identifying or creating a particular
product or project intended for local or community-based ecotourism,
and which may be recommended for development, promotion or marketing,
the intended project beneficiary of which shall be the local people
themselves.
Page 12 of 77
COMPOSTING – the product of the decomposition of animal and plant

matter. It is made by building a pile consisting of alternate layers
of soil, manure and vegetable materials such as weeds, grass, leaves
and garbage. It is a soil conditioner and fertilizer.
CULTURE - refers to the pattern of behavior and thinking that people

living in social groups learn, create and share. It includes beliefs,
rule of behavior, language, rituals, arts, technology, style of dress,
ways of producing and cooking, food, religion and tradition and
economic systems.
DOG - refers to a common quadrupled domestic animal belonging to the

order carnivore (male or female), scientifically known as Canis
familiaris
ECOLOGICAL DESTINATION - refers to an environmentally sound activity in a

given ecosystem enhancing the natural and cultural diversity,
conservation and addressing the socio-economic needs of the
communities.
ECOSYSTEM - refers to the space where living and non-living organisms

interact to produce a defined energy pathway.
ECOTOURISM/ECOLOGICAL TOURISM - is a form of sustainable tourism within a

natural and cultural heritage area where community participation,
protection and management of natural resources, culture and indigenous
knowledge and practices, environmental education and ethics as well as
economic benefits are fostered and pursued for the enrichment of host
communities and satisfaction of visitors. (National Ecotourism
Strategy of the Philippines, 2002). It is a purposeful travel to
natural areas to understand the culture and natural history of the
environment, taking care not to alter the integrity of the ecosystem,
producing economic opportunities that make the conservation of natural
resources beneficial to local people. (The Ecotourism Society, 1991)
ECOTOURISM ENTERPRISE - is one which pursues nature appreciation and

livelihood development for the natural entity’s host community by
engaging in pertinent economic activities that enhances appreciation
of a natural destination, habitat or specie and at the same time
promotes environmental conservation and biodiversity, among others.
ECOTOURISM PRODUCTS - are a combination of ecotourism resources,

facilities, activities and services resulting in enhanced commitment
to protect the natural and cultural heritage areas.
ECO-TOURISTS - refer to those who visit an ecotourism site to satisfy a

natural desire to understand something that stimulates interest in the
mind, in addition to simply experiencing something in its natural
form.
EFFLUENT - is the general term denoting any wastewater, partially or

unpartially treated or in its natural state flowing out of the
manufacturing plant, industrial plant, treatment plant, households,
business establishments, ponds and hatcheries.
EMERGENCY - is a period of increased morbidity and mortality from both

physical and psychological causes.
EMERGING INFECTIONS - are newly identified, previously unknown infections,

which cause public health problems locally or internationally.
ENCLOSED PREMISES - include the owner’s house, fenced yard or premises,

where other people have no reason to enter except to conduct business
or visit with the members of the household.
Page 13 of 77
ENDANGERED SPECIES - are species or sub-species which are not critically

endangered but whose survival in the wild is unlikely if the causal
factors continue operating.
ENDEMIC SPECIES – Species restricted or native to a particular region.
ENVIRONMENT (GENERAL) - refers to the quality, quantity, diversity and

sustainability of renewable and non-renewable natural resources
including the ambient environment such as the atmosphere, climate,
sounds and odors that are critical determinants of the quality of
life. In a broad sense, it shall include the total environment of man
such as economic, social, cultural, political and historical factors.
ENVIRONMENT (UNDER THE ASPECT OF ECOTOURISM), is the unique physical feature

or attribute of a locality that serves as its primary attraction. It
also refers to distinct socio-cultural patterns exhibited by
indigenous communities, resulting from centuries of intimate
intercourse with the natural environment.
ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) - is a document issued by the DENR

Secretary or the Director/Regional Director of the EMB certifying that
based on the representation of the proponent as reviewed and validated
by EIA Review Committee, the proposed project or undertaking will not
cause significant negative environmental impacts and that the
proponent has complied with the requirements of the EIS System or PD
1586.
ENVIRONMENTAL EDUCATION - refers to the education of visitors about the

value of the ecotourism site and the interrelatedness of the
ecosystems of which the site forms part.
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) - is the process consisting of

identifying and predicting the impacts of proposed projects and
programs on the bio-geophysical environment and on man’s health and
well-being and interpreting and communicating information about its
impacts in a manner which can be utilized by planners and decision
makers.
EPIDEMIC - means diseases that affect many people at once; affecting or

tending to affect disproportionately large number of individuals
within a population, community or region at the same time.
EUTHANASIA - refers to the process of painless death to dogs and other

animals.
EXOTIC SPECIES – Species that are introduced or non-native, foreign.
FAUNA - refers to all species of animals.
FEES - means a charge fixed by law or an ordinance for the regulation

or inspection of a business or activity. It shall also include charges
fixed by law or agency for the services of a public officer in the
discharge of his/her official duties.
FELINE - refers to the cat family or any related species.
FISH CAGE/PEN – Refers to an enclosure constructed within a body of

water for culturing fish, and fishery/aquatic resources made up of
poles closely arranged in an en-closure with wooden materials, screen
or nylon netting to prevent escape of fish.
Fishpond – A land facility enclosed with earthen or stone materials to

impound water for growing fish.
Page 14 of 77
FISHPOND LEASE AGREEMENT OR FLA – A contract entered into by and between

the Secretary of Agriculture and a qualified fishpond applicant for
the use of public land for fishpond development purpose for a period
of twenty-five (25) years.
FLORA - refers to all species of plants.
FOREST - is a large area of land covered with trees and other plants
growing close together. It provides many social, economic, and
environmental benefits aside from timber as it provides wildlife
habitat and recreational opportunities, prevent soil erosion and
flooding, help provides clean air and water and certain biodiversity.
It is also an important defense against global warming by decreasing
the amount of carbon dioxide in the atmosphere.
FOSSIL FUELS - are fuels accumulated from remains of plants and animals
that have lived many millions of years ago. Coal, oil and natural gas
are the like. They are finite, and non-renewable energy resources.
FRESHWATER AQUACULTURE – Fishery operation involving the raising and

culturing of fish in a water body originating from lakes, reservoirs,
streams, and rivers having a salinity from 0 to 0.5 per thousand.
GEMSTONES - are minerals or stones suitable to be used in jewelries

after cutting and polishing.
GENETICALLY MODIFIED ORGANISM (GMO) – Refers to organism whose genes are

manipulated to produce certain desired characteristics and be
propagated for experimental purposes.
GLOBAL WARMING - refers to the increase in the average temperature of

Earth’s atmosphere, oceans and land masses brought on by rising levels
of heat-trapping gases, known as greenhouse gases such as carbon
dioxide, methane, nitrous oxide, ozone synthetic chemicals, etc., in
the atmosphere.
GUANO - refers to the accumulation of the droppings or excrements of

bats in caves and does not include phosphate rocks.
HABITAT - is a place where an organism or community of organism

naturally lives and grows. This could be protected areas or outside-
protected areas and can be classified as terrestrial, aquatic or
wetlands.
HATCHERY – Refers to a land-based structure for culturing, breeding and

fish seed production.
HAZARD - means risk or danger to one’s health or life.
HAZARDOUS SUBSTANCES - are the elements or compounds which when discharged

in any quantity present eminent or substantial changes to public
health and safety.
HAZARDOUS WASTES - are solid, liquid or gaseous wastes that can cause
death, illness, or injury to people or destruction of the environment
if improperly treated, stored, transported, or discarded. Substances
are considered hazardous waste if they are ignitable (capable of
burning), corrosive (able to corrode steel or harm organism because of
extreme acidity of basic properties), reactive (able to explode or
produce toxic cyanide or sulfide gas) or toxic (containing substances
that are poisonous). Mixtures, residues or materials containing
hazardous wastes are also considered hazardous wastes.
Page 15 of 77
HERITAGE - refers to an area’s history and historical buildings and

sites, which are considered to be of interest and value to the present
generation.
IMPOUND - refers to seize and hold in the custody of the law.
INDIGENOUS CULTURAL COMMUNITY/INDIGENOUS PEOPLES (ICCS/IPS) - refer to a group

of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized
community on communally bounded and defined territory, and who have
under claims of ownership since time immemorial, occupied, possessed,
and utilized such territories, sharing common bonds of language,
customs, traditions and other distinctive cultural traits, or who
have, through resistance to political, social and cultural
colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of the Filipinos (RA
8371 or the Indigenous Peoples’ Rights Act of 1997).
INTRINSIC VALUE TOURISM - is tourism promoting the indigenous culture,

products, and/or practices of a particular locality.
LAKE – is a body of water surrounded by a mass of land.
LAND MANAGEMENT - is the primary and alternative use of a specific land

resource, which shall be determined and evaluated prior to any
decision for the assignment of its use. Areas feasible for sustainable
land resource use may be considered wherein settlements, tourism,
agriculture, agro-forestry, infrastructures, extraction activities and
other income-generating or livelihood activities may be allowed.
LAND POLLUTION - the degradation of the earth’s land surface through

misuse of the soil by poor agricultural practices, mineral
exploitation, industrial waste dumping, and indiscriminate disposal of
urban waste.
LAND USE - refers to the manner of utilizing land, both man-made and
natural, including its allocation, development, and management. It
shall be a policy to provide a rational, holistic, and just
allocation, utilization, management, and development of the land
resources to ensure their optimum use, consistent with the principles
of sustainable development.
LOCAL HEALTH AUTHORITY - is an official or employee responsible for the

application of a prescribed health measure in a local political
subdivision.
LOCAL INHABITANTS - refer to bona fide residents of the municipality for

at least one (1) year and a qualified voter of the same municipality.
MANGROVE - is a term applied to the type of forest occurring in the

tidal flat along the seacoast, extending along the stream where the
water is brackish. It abates destructive effects of strong winds and
waves on coastal communities. It also prevents scouring and serves as
slit catchments.
MANGROVE AREA - is the area found along the seacoast and estuaries,
whether sparsely or thickly vegetated, with true and/or associated
mangrove species, or open swampy areas and stream where the water is
brackish.
MARI-CULTURE – Refers to sea farming of aquatic plants and fishes.
Page 16 of 77
MINERALS - refer to all naturally occurring inorganic substances in

solid, gas, liquid or any intermediate state, soil which support
organic life, sand and gravel, and guano excluding energy materials
such as coal, petroleum, natural gas, radioactive materials and
geothermal energy.
NATURAL HAZARDS - refer to all atmospheric, hydrologic, geologic and

other natural occurring physical phenomena that have potential to harm
man, its resources and investments.
NATURE INTERPRETATION - is an educational activity which aims to reveal

meanings and relationships through the use of original objects, by
firsthand experience, and by illustrative media, rather than simply to
communicate factual information.
NIPAS - refers to the area established under RA 7586. This is the

classification and administration of designated protected areas to
maintain essential ecological processes, preserve genetic diversity,
ensure sustainable use of resources and maintain their natural
conditions to the greatest extent possible.
ORDINARY EARTH - means ordinary soil.
OUTBREAK - is a small, localized group of people or organisms infected

with a disease; such groups are often confined to a village or a small
area.
OUTFALL – refers to the outlet of a river, stream or lake.
OWNER - refers to any person keeping, harboring or having charge, care

or control of a dog including his/her representative.
PERMIT - means a privilege or authority granted by the state to a

person to utilize any limited resource for a prescribed period.
PESTICIDE POLLUTION - is pollution from organic and inorganic chemicals

used by controlling undesirable like forms such as bacteria, pests and
foraging insects, however their effectiveness caused considerable
pollution. They are relatively inert and non-degradable by chemical or
biologic activity and are also bio accumulative, that is they are
concentrated with each ensuing level of biologic food chain.
PETS - refers to tamed animals kept for companionship.
POTABLE WATER/SAFE DRINKING WATER - refers to water that is free of

microorganisms or disease-producing bacteria (pathogens) and do not
possess undesirable taste, odor, color, levels of radioactivity,
turbidity or chemicals. It should meet the standards of the Philippine
National Standards for Drinking Water.
PROTECTED AREA - is an area or portion of land and water set aside by

reason of its unique physical and biological significance managed to
enhance biological diversity and protected against destructive human
exploitation.
PUBLIC OR PRIVATE WATER SUPPLY SYSTEM - is a government or privately- owned

system providing potable water for domestic and commercial
consumption. The water system could either be of Level I (point
source), Level II (communal) or Level III (waterworks) type. The
system include a) any collection, treatment, storage and distribution
facilities under the control of the operator of such system and used
primarily in connection thereto: and b) any collection, pre-treatment
or storage facilities not under the control of the operator of the
system which are used primarily in connection with such system.
Page 17 of 77
PUBLIC PLACE - refers to any place open to the public like parks, malls,
markets, streets, etc.
POUND - refers to public enclosure for stray animals.
RABIES - refers to a highly fatal disease caused by lyssa virus,

transmitted mainly through the bite of infected animal, or through
contamination with virus-laden saliva on breaks of skin and mucous
membrane such as the eyes, the lips, the mouth, or the genital organs.
RABIES VACCINATION - refers to inoculation of a rabies vaccine to animals

by a licensed government or private veterinarian or trained individual
under the direct supervision of a licensed veterinarian.
STRAY ANIMAL - refers to animal leaving its owner’s place or premises

and no longer under the effective control of its owner.
QUARANTINE - refers to compulsory/enforced isolation or detention to

prevent spread of contagion or infection that maybe harmful to
environment. Likewise, it is a voluntary or compulsory isolation,
typically to contain the spread of something considered dangerous,
often but not always disease. It is also an enforced isolation of
organisms, which are hazardous to the environment.
QUARRY RESOURCES - refer to the common rocks and mineral substances as

the Director of Mines and Geo-Sciences Bureau may declare as such but
not limited to andesine, basalt, conglomerate, coral sand,
diatomaceous earth, diorite, decorative stones, gabbros, granite,
limestone, marble, mari-red burning clays for potteries and bricks,
hyalite, rock phosphate, sand stone, serpentine, shale, and tuff;
Provided, that such quarry resources which do not contain metals or
metallic constituents and/or valuable minerals such as kaolin,
feldspar, bull quartz or silica, sand and pebbles, bentonite, talc,
asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica precious
and semi-precious stones and other non-metallic minerals that may
later be discovered and which the Director declares to be of
economically workable quantities, shall not be classified in the
category of quarry resources.
RECYCLING - is an effective means of conserving resources, reducing

waste disposal, and often, of cutting costs in disposing waste and
used materials for some useful purposes.
RE-EMERGING INFECTIONS - are known diseases, which reappear after a

decline in incidence.
REFILLED WATER OR WATER PRODUCT - is source water that has undergone

additional processing and the product of multi-stage purification
technology (filtration, ion-exchange treatment, post-carbon polishing,
distillation, ultraviolet sterilization, reverse osmosis, air
filtration, ozonation or other DOH – approved technology).
REFORESTATION - refers to the process of renewing, restoring and re-

establishing the forest cover on denuded lands by either direct
seeding or planting with the use of tree seedlings or cutting.
RESERVOIR – an artificial impoundment where water is kept for future

use. The use of pond reservoir is to allow the setting of organic
matter from the water source before it is used in the ponds.
RIVER - refers to the natural surface stream of water of considerable

volume and a permanent seasonal flow where navigational lanes are
defined.
Page 18 of 77
SAND - refers to particles of rocks, which could pass a 9.5 millimeter

(3/8 inch) and retained by a 6.150 millimeter (no. 100) size.
SENSITIVE AREAS - are those areas or permanent structures found and

existing in a particular locality having archaeological, cultural
origin or significance for preservation, development and promotion for
tourism purposes.
SETTLING POND – Refers to a pond specially designed for the settling of

heavily loaded particles and other organic matter in the water before
disposal to the surrounding environment.
SLAUGHTER - refers to humane killing of animal for food
SMALL SCALE MINING - refers to mining activities, which rely heavily on

manual labor using simple implement and methods.
SOLID WASTE - refers to waste from human and animal activities that are
normally solid and which are discarded as useless or unwanted.
STALACTITES – refers to a deposit of calcareous matter on the roof of a

cavern after growing down into columns, which may meet and unite with
the stalagmites.
STALAGMITES - refers to a deposit of calcareous matter on the floor of a

cavern after rising into columns, which meet and unite with the
stalactites.
SOURCE WATER - is water from approved source that is conveyed or

distributed to the refilling station through the public or private
water mains or water tankers, containers or reservoir.
SULFUR DIOXIDE - refers to the colorless, pungent toxic gas and air
pollutants formed by burning sulfur or fuel containing sulfur.
SUSTAINABLE DEVELOPMENT - is a process of development in which the use of

resources, direction of investments, orientation of technological
development, and institutional change are all directed harmoniously
altogether to meet the present and future human needs and aspirations.
(Philippine National Biodiversity Study, 1997). It also means meeting
the needs of the present generation without compromising the ability
of future generations to meet their own needs. (Brundtland Report,
1987 WECD)
THERMAL POLLUTION - is the discharge of waste heat via energy dissipation

into cooling water and subsequently into nearby waterways. The major
sources are fossil fuel and nuclear electric power generating
facilities and to a lesser degree, cooling operations associated with
industrial, chemical and petro-chemical producers. e.g. fish kills.
TREE PARK - refers to the land outside the protected area, developed and
maintained to enhance the beauty and improve the ecosystem and to
provide the populace a healthy and wholesome environment and serve as
a show window for nature conservation. The establishment of tree parks
by LGUs is mandated by LOI 1312.
UNAUTHORIZED SITE - refers to those areas that have been identified and
designated for some specific purpose/s, thus, are classified as
unauthorized or prohibited for visitation, or restricted from public
use for tourism purposes.
VETERINARIAN - is a person who is authorized to practice veterinary

medicine and has been registered and issued a valid Certificate of
Registration and Professional Identification Card by the Professional
Regulatory Board of Veterinary Medicine.
Page 19 of 77
WATER POLLUTION - refers to the contamination of streams, lakes,

underground waters, bays, seas or ocean by substances harmful to
living organism. It is the introduction into fresh or oceans waters
of chemical, physical, or biological material that degrades the
quality of the water and affects the organisms living in it.
WATER SUPPLIER - is any entity, government or private company,

responsible for source development, water extraction, treatment and
distribution.
WILDLIFE - refers to wild animals, birds and other living things that
includes vegetation living in a natural, undomesticated state.
ZONATION PLAN – A plan defining the boundaries of specific areas for

fisheries utilization and development purposes.
SECTION 6. ACRONYMS
AFMA - Agriculture and Fisheries Modernization Act

ARDC - Aklan Rivers Development Council
BAI - Bureau of Animal Industry
BFAR - Bureau of Fisheries and Aquatic Resources
BSWA - Barangay Sewerage and Water Association
BSWM - Bureau of Soils and Water Management
CARP - Comprehensive Agrarian Reform Program
CBFM - Community Based Forest Management
CENRO - Community Environment and Natural Resources Office
CDA - Cooperative Development Authority
CDP - Comprehensive Development Plan
CITES - Conservation on International Trade of Endangered Species
CLUP - Comprehensive Land Use Plan
CSC - Certificate of Stewardship Contract
DA - Department of Agriculture
DAR - Department of Agrarian Reform
DENR - Department of Environment and Natural Resources
DENR-EMB - DENR-Environment Management Board
DENR-MGB - DENR- Mines and Geo-Sciences Bureau
DOH - Department of Health
DOH-BFAD - Department of Health -Bureau of Food and Drugs
DOT - Department of Tourism
DPWH - Department of Public Works and Highways
DSWD - Department of Social Welfare and Development
DTI - Department of Trade and Industry
DILG - Department of the Interior and Local Government
ECC - Environmental Compliance Certificate
EGF - Environment Guarantee Fund
EIA - Environmental Impact Assessment
EIS - Environmental Impact System
FARMC - Fisheries and Aquatic Resources Management Council
HACCP - Hazard Analysis and Critical Control Points
HLURB - Housing and Land Use Regulatory Board
ICC - Indigenous Cultural Community
IP - Indigenous People
ISFP - Integrated Social Forestry Project
ICZM - Integrated Coastal Zone Management
LDC - Local Development Council
LGU - Local Government Unit
LTO - Land Transportation Office
LWUA - Local Water Utilities Administration
MENRO - Municipal Environment and Natural Resources Office
MENRAB - Municipal Environment and Natural Resources Advisory Board
MWRDC - Municipal Water Resource Development Council
NAFC - National Agricultural and Fishery Council
NAMRIA - National Mapping and Resources Information Authority
Page 20 of 77
NBCDO - National Building Code Development Office

NCIP - National Commission on Indigenous Peoples
NEDA - National Economic Development Authority
NES - National Ecotourism Strategy
NIA - National Irrigation Administration
NGA - National Government Agency
NIPAS - National Integrated and Protected Areas System
NMIS - National Meat Inspection Services
NPAAD - Network of Protected Areas for Agriculture and Agro-Industrial
Development
NGO - Non-Government Organization
NWRB - National Water Resources Board
OHI - Ocean Health Index
PA - Protected Area
PAMB - Protected Areas Management Board
PASU - Park Superintendent
PAWCZMS - Protected Area and Wildlife and Coastal Zone Management Sector
PCA - Philippine Coconut Authority
PHIVOLCS - Philippine Institute of Volcanology and Seismology
PO - People’s Organization
SAFDZ - Strategic Agricultural and Fisheries Development Zone
ARTICLE II
MENRO: INSTITUTIONAL STRUCTURE AND DEVELOPMENT MECHANISM
1.0 STRUCTURE. In order to implement the provisions of the Environment

Code of Malay, and pursuant to Section 463 par. B. and Section 484
of RA 7160, otherwise known as the Local Government Code of 1991,
the coastal, mineral, forestry, water resources, solid and liquid
waste management and eco-tourism functions of the various
municipal offices and departments including its appropriations,
records, equipment, property and such personnel are hereby merged
into a single office to be known as the Malay Environment and
Natural Resources Office, referred to in this Code as MENRO. The
latter will be an organic component directly under the Office the
Mayor of the Municipality of Malay.
To carry out the necessary functions of the MENRO, an

organizational structure is hereby created as follows:
1.1 MENRO DIRECTOR. The MENRO shall be headed by a Director, which

shall be appointed by the Municipal Mayor. No person shall be
appointed as MENRO Director unless he/she is a citizen of the
Philippines, a resident of Malay or Aklan Province, of good
moral character, a holder of a college degree preferably in
environment, natural resources applications policy and
management, or related courses from a recognized university or
college, a Career Professional Civil Service eligible or its
equivalent, with at least 5 years experience in his/her
profession.
1.2 FUNCTIONAL SECTIONS. For effective implementation of the programs

and projects of the MENRO, the following sections are hereby
created:
1.2.1. MANAGEMENT SERVICES SECTION

1.2.1.1. Research and Development Unit
1.2.1.2. Information, Education and Communication Unit
1.2.1.3. Administrative Unit
1.2.1.4. Planning and Programming Unit
Page 21 of 77
1.2.2. TECHNICAL SERVICES SECTION

1.2.2.1. ECOSYSTEM-BASED MANAGEMENT UNIT
a. Coastal and Forest Habitat Management
b. Land and Mineral Resources
c. Biodiversity Conservation and Management
d. Water Resources Conservation and Management
1.2.2.2 ENVIRONMENTAL MANAGEMENT UNIT

a. Environmental Quality and Development on
Air quality and Pollution
Water quality
Solid Waste
Noise Level
1.2.2.3 ECOTOURISM RESEARCH, DEVELOPMENT AND MANAGEMENT UNIT

a. Integrated Analysis
b. Cultural Heritage Resources Preservation
c. Law Enforcement and Land Use Regulation
The Mayor may, upon the recommendation of the MENRO,

recognize or create sections, or units as may be deemed
necessary and to appoint the personnel thereto. The MENRO
staffing pattern shall henceforth be established enumerating
plantilla positions therein with the corresponding salary
grades for approval by the Sangguniang Bayan.
1.3 JURISDICTION. The MENRO shall have jurisdiction and authority

over environment and natural resources of Malay, subject to
the provisions of RA 7160 and all other applicable national
laws, rules and regulations.
Pursuant to Section 17 of the Local Government Code of

1991 and for efficient and effective implementation of
environment and natural resources programs and projects, the
municipal government shall share responsibility with the
provincial and barangay governments for the protection,
development, management, rehabilitation and conservation of
the ecosystem, in coordination with concerned national
government agencies and other sectors.
1.4 THE MALAY ENVIRONMENT AND NATURAL RESOURCES ADVISORY BOARD (MENRAB). The
Malay Environment and Natural Resources Advisory Board
(MENRAB) shall be created with the responsibility to formulate
policy guidelines and recommend policy reforms to the
Sangguniang Bayan for the conservation and management of the
environment of the municipality and utilization of its natural
resources.
The board may adopt the mechanism such as the formation

of the Executive Committee or Technical Working Group, as it
deems necessary, including the creation of the Secretariat.
1.4.1 COMPOSITION OF THE MENRAB. The MENRAB shall be composed of

the following core members (with a voting capacity). It
can tap or invite resource persons when necessary:
1. Chair - MENRO Director

2. Vice-Chair – (To be appointed from the members)
3. Secretary – (To be appointed from the members)
4. Management Services Section Chief
5. Technical Services Section Chief
6. Sangguniang Bayan Member (Environment)
Page 22 of 77
7. Sangguniang Bayan Member (Tourism)

8. PCCI President (or his representative)
9. Boracay Foundation Inc. (or his representative)
10. Liga President
11. Mayor (ex-officio)
1.4.2 MEETINGS. A quarterly meeting shall be called by the

MENRO Director or upon the request of the majority of
the members.
2.0 FUND APPROPRIATIONS AND REVENUE GENERATION. The Municipal Government

shall appropriate funds for the creation and operation of the
MENRO and for the implementation of environment and natural
resources programs and projects. To ensure sustainability, the
municipality shall have the power to generate income and revenues
from taxes, fees and charges derived from the use of its natural
resources as allowed by existing national laws and issuances.
The Municipal Government, thru the MENRO, shall establish

networks for fund sourcing in the implementation of environmental
programs and projects.
3.0 ORGANIZATIONAL STRENGTHENING. For purposes of effectiveness and

efficiency, the MENRO shall assist the barangay implement
environment project and programs. Specifically, this should be
done by providing technical expertise and assistance for
environmental management, participatory plan formulation and
program implementation, mobilization of in-house and external pool
of personal and non-personal resources.
3.1 CAPABILITY BUILDING. Capability building activities such as

skills trainings and seminars for program implementers shall
be conducted to ensure proper implementation of environmental
projects.
3.2 PROGRAM DEVELOPMENT. The MENRO, on behalf of the Municipal

Government, shall formulate, develop and integrate short,
medium and long-term environmental management and development
plans for the promotion of community based and livelihood
oriented initiatives derived from the environment and its
natural resources.
3.3 SHOWCASING. The Municipal Government, thru the MENRO, shall

promote the best practices in environmental sustainability
programs of certain LGUs to serve as showcase for replication.
3.4 PROGRAM REVIEW. A program review shall be held every end of the
year by the Municipal Government with the participation of all
program implementers and stakeholders to assess the status and
impacts of environmental program outcomes and products.
3.5 CLUSTERING. In conjunction with Section 3 of RA 7160, the

Municipal Government shall encourage its barangays to group
themselves into clusters to address common concerns (e.g. law
enforcement, environmental protection, pollution control and
trafficking of flora and fauna). Likewise, it shall encourage
barangays to establish a quick response desk that will be manned
by a team whose task shall be to facilitate calls for fact-
finding inquiries.
Page 23 of 77
ARTICLE III
FOREST RESOURCES
SECTION 1. FOREST RESOURCES DEVELOPMENT AND MANAGEMENT
1.1 FOREST LAND USE PLAN. This Code mandates the Municipality of Malay to
develop a Forest Land Use Plan with the technical assistance of
DENR, MENRO, and MPDO. The MENRO and MPDO shall jointly prepare
the plan in close coordination with the DENR.
1.2 PERMITS AND TENURIAL INSTRUMENTS ON DEVOLVED FUNCTIONS. Notwithstanding the

requirements of the DENR, only upon the endorsement of the
Sangguniang Bayan shall the issuance of tenurial instruments or
permit be allowed. This procedure ensures good governance while
encouraging co-management through the principle of devolution,
transparency, accountability and participatory decision making.
Without the endorsement, activities in the forest area will be
suspended.
1.3 REFORESTATION. The Municipal Government, in coordination with DENR,

shall improve the present forest cover of the municipality through
appropriate means (e.g. tree planting or reforestation) in support
to the greening program of the national government. Such practices
likewise aim to replenish degraded forests resulting from human
actions and natural hazards. Sound management of devolved forest
resources must be a shared responsibility of national, provincial
and municipal government, NGOs and POs.
1.4 INTEGRATED SOCIAL FORESTRY PROJECT (ISFP). The Municipality, thru the
MENRO, shall closely monitor and assess the status of all devolved
ISF Projects to determine whether the terms and conditions under
the Stewardship Contract Agreement are strictly followed and for
renewal of Certificate of Stewardship Contract (CSC).
The Municipality shall appropriate funds and manpower

complement for all devolved ISF sites, Community-Based Forest
Management Projects and Declared Watershed Areas to be
incorporated in the annual budget of the MENRO. This budget
ensures sustainability of projects and programs on land use,
ecological stability enhancement and the improvement of the socio-
economic conditions of the concerned communities and
beneficiaries.
1.5 COMMUNITY-BASED FOREST MANAGEMENT (CBFM). Where applicable, the

Communities or Peoples Organizations (POs), in coordination with
the LGU and DENR, shall sustainably manage and protect the
forestland resources predominantly the old growth, residual and
plantation forest. Should the POs manifest their intention to
expand their tree plantation within their CBFM areas, the open
access area within the CBFM block shall be utilized. The
implementation of new CBFM projects shall be undertaken jointly by
MENRO and concerned communities/beneficiaries, in coordination
with DENR.
1.6 MANGROVE AREAS. A regular inventory and validation of all naturally

growing and established mangrove areas in the Municipality shall
be made in coordination with DENR, BFAR and concerned groups to
determine their current status and trends which are useful
information for future conservation and development planning
pursuant to DA-DENR Joint Memorandum Circular Order No.3, Series
of 1991 and DENR Administrative Order (DAO) 15 Series of 1990.
Page 24 of 77
1.7 ERODED AREAS. Regardless of its category, whether public forest or

alienable and disposable land, the eroded portions of the
terrestrial domain shall be subject to rehabilitation through tree
planting of indigenous species. Private owners shall be required
to plant trees as this practice promotes soil stability, recharges
the water table, and sustains balances in the ecosystem.
1.8 RIVERBANK PROTECTION. In carefully studied portions of riverbanks,

easements, road right of ways, deltas, swamps, former riverbeds,
beaches and waterways, reforestation and/or a forestation shall be
practiced and promoted. This will protect these areas against
erosion brought by floods, typhoons, tsunamis, and other hazards,
in consonance with Sec. 33 of P.D 705 as amended and in support to
some provisions of Presidential Decree No. 1067, otherwise known
as Water Code of the Philippines of 1977.
1.9 ROADSIDE TREES AND ORNAMENTAL PLANT SPECIES. In order to have a buffer
against noise pollution, to sequester other air pollutants and
emissions, to improve the aesthetic value and appeal, and provide
a cool atmosphere to the area, roadside tree and ornamental
planting and urban forestry in public plazas, subdivisions, school
premises/campuses and other public grounds or places shall be
implemented. (PD. 953)
1.10 WATERSHED AREAS. The protection, rehabilitation and enhancement of

the Municipality’s watershed areas within its jurisdiction shall
be a primary responsibility of the MENRO, particularly those
identified for water supply either for domestic or irrigation use
as mandated under R.A. 9160. Planting of suitable plant species
shall be undertaken in order to maintain and improve quality water
and yield.
The Municipality, in coordination with the DENR, shall ensure the

identification of a potentially non-declared community watershed
area for protection and management. The same shall be recommended
to DENR for declaration as Community Watershed Area as endorsed by
the community and supported by a resolution of the Sangguniang
Bayan. The MENRO, in coordination with DENR, shall prepare a
Community Watershed Management Plan for the area.
1.11 LIVELIHOOD DEVELOPMENT. In coordination with the MENRO, the community

or Peoples Organizations (PO) of CBFM or ISF Project shall have an
Agro-forestry program to be implemented in their respective areas
to augment their income and relieve the pressure over forest
resources.
SECTION 2. CONSERVATION AND PROTECTION
2.1 FOREST UTILIZATION AND REGULATION. The utilization, exploitation, and

occupation of forest lands and possession and disposition of their
products, or any activity therein, involving one or more of their
resources which will produce optimum benefits to the development
and progress of the general public, without impairment, or with
the least destruction to the resources, shall be allowed pursuant
to Section 20 of PD 705 as amended and its Implementing Rules and
Regulations which shall be the basis for its implementation.
2.1.1 CUTTING, GATHERING AND/OR UTILIZATION OF TIMBER AND OTHER FOREST

RESOURCES. A cutting permit for harvesting of planted trees
within private lands is no longer necessary but must be
covered with transport documents to be issued by the DENR
when these shall be transported from the cutting area to
another barangay or to its destination. For premium species,
as listed in DENR A.O. No. 78 Series of 1987 as amended, a
special cutting permit shall be secured from the DENR
Page 25 of 77
Secretary before harvesting/cutting. Notwithstanding the

issuance by the DENR of any Certificate of Verification
Clearance/Self-Monitoring Form (planted trees) and Cutting
Permit (for hardwood premium species) to the applicant, a
Certification from the Punong Barangay concerned shall also
be required certifying that the trees to be transported/cut
are planted and came from a private lot and a certification
from the concerned barangay government affirming the same.
The applicant and/or permit holder shall replace every tree
cut/harvested by planting of five (5) healthy seedlings at
the cutting area applied. The Municipality, through the
MENRO, may enact local ordinances for revenue generation
purposes to this effect.
In case the permit holder has no available planting

materials, the Municipal Government or the DENR shall
provide the needed seedlings.
All applications for cutting of naturally growing and

premium tree species found within the private lands, shall
be endorsed by the Municipality as provided for in the DENR
issuances, rules and regulations.
2.1.2 PROHIBITION OF CUTTING BANNED SPECIES. Cutting of banned tree

species under DENR A.O. No. 78, Series of 1987 as amended,
shall be prohibited under this Code except when it poses
danger to life and property.
2.1.3 FOREST PROTECTION. The Municipality, through the MENRO, shall

prepare a Forest Protection Framework Plan in collaboration
with the DENR. This is to complement the present Provincial
Government Task Forces and DENR Law Enforcement Manpower in
monitoring, detection, apprehension and prosecution of
violator(s) of relevant national laws and DENR existing
rules and regulations.
a) All illegal forest products and accessories used in the

commission of the crime shall be seized and shall be
turned over to the nearest DENR Office for its
administrative proceedings.
b) All power saws/chainsaws and similar tree cutting

equipment shall be registered with the DENR, renewable
every two (2) years, pursuant to RA 9175, known as
“Chainsaw Act”. The owner shall secure a Permit to
Operate, like business and mayor’s permit with the
Municipality and upon registration with the DENR.
c) To protect the forest from fire due to slash and burn

farming (kaingin), burning of grasses, and other similar
acts, the Municipality, through the MENRO, in
coordination with the DENR, shall create the Fire
Suppression Brigade and provide fire-fighting equipment
to the barangays within or adjacent to the timberland
areas.
d) The practice of slash and burn farming in production

forest within below 18% slope within the Municipality
shall be prohibited in the protection land.
2.1.4 TIMBER INVENTORY WITHIN ALIENABLE AND DISPOSABLE LANDS. To determine

the number of existing Private Tree Plantations within the
Municipality, a continuing inventory of Tree Plantations
within private, alienable and disposable and tax declared
lands shall be jointly undertaken by the DENR and MENRO.
Page 26 of 77
The same shall be registered in the CENRO Office for easy

monitoring and processing of Tree Cutting Permits. After
the field verification and inventory of the same, the CENRO
Office shall issue a Certificate of Registration to the
Tree Plantation Owner.
2.2 RECREATION FOREST MANAGEMENT
2.2.1 IDENTIFICATION AND DESIGNATION OF AREAS WITH RECREATIONAL POTENTIAL.

The Municipality, through the MENRO, shall identify,
evaluate and assess potential area for recreation purposes
in collaboration with the DENR, DOT and other concerned
agencies in accordance to its feasibility, topography,
physical and aesthetic and other similar characteristics to
enhance tourism and other potential investment sources
based on DENR laws, rules, and regulations.
2.2.2 DEVELOPMENT THROUGH CO-MANAGEMENT. Once an area has been

recognized to have a potential for recreation, the co-
management approach under the DENR-DILG-JMC 2003-1 may be
applied. A Memorandum of Agreement or its similar
instruments shall then be provided and the roles and
responsibilities by each party shall be properly defined;
provided, that the area conforms to the approved Municipal
CLUP.
2.3 FOREST PROTECTION OF TENURED AND UNTENURED AREAS. The responsibility of

protecting tenured areas shall be undertaken by the caretaker with
agreed tenurial obligation while the responsibility of protecting
the untenured areas shall be borne by the Municipal Government,
and at its option, to include the DENR and the Provincial
Government of Aklan.
2.3.1 PROTECTION OF WATERSHED AREAS. Declared watershed areas through

Presidential Proclamation or Executive Order (with tenurial
instrument) shall be under the responsibility of the DENR
Protected Area and Management Board (PAMB).
There shall be a Park Superintendent (PASU) under the

DENR supervision, or LGU supervision, who shall implement
Watershed Development Plan of the Proclaimed and Declared
Watershed Areas as an initial component of the National
Integrated and Protected Areas System (NIPAS).
2.3.2 FORMULATION OF MUNICIPAL FOREST PROTECTION PLAN. The Municipal

Government, through the MENRO, and in order to strengthen
its protection of its forest resources, shall formulate its
own Municipal Forest Protection Plan, in coordination with
DENR, including the implementation of program/project
activities.
2.3.3 RE-IDENTIFICATION OF COMMUNAL FOREST FOR REHABILITATION. The

Municipal Government, if it intends to restore a communal
forest shall, through the MENRO, coordinate with the DENR
to retrieve the records and the map of the communal forest
to be validated and assessed on the actual ground, whether
the same can still serve its purpose, otherwise re-
identification of another site shall be conducted.
Page 27 of 77
ARTICLE IV
MINERAL RESOURCES
SECTION 1. PERMIT TO EXTRACT, REMOVE AND DISPOSE MINERAL RESOURCES. No

person, corporation, partnership or government entity/instrumentality
shall be allowed to extract, remove or dispose of minerals from public
waters, public and private lands, unless authorized under a permit
issued in accordance with Municipal Ordinances and the Mining Act.
1.1 KINDS OF PERMIT
1.1.1 SMALL-SCALE MINING PERMIT. Application for Small-Scale Mining

Permit shall be filed with the Office of the Municipal
Mayor through the MENRO for areas outside the mineral
reservation, or with the Director of the Bureau of Mines
and Geo-Sciences for areas with Mineral Reservations. The
term of the permit shall be for a period of two (2) years
from the issuance thereof, renewable only once for a
similar period upon compliance with the terms and
conditions of the permit and upon filing of the application
before the expiry period thereof.
1.1.2 QUARRY PERMIT. Any qualified person may apply for a Quarry
Permit with the Office of the Municipal Mayor through the
MENRO and in coordination with the Office of the Governor,
for the extraction, removal and disposition of quarry
resources covering an area of not more than five (5)
hectares for a term of not exceeding five (5) years from
the date of issuance thereof, renewable for like period,
but not to exceed a total term of twenty five (25) years,
subject to the succeeding provision hereof.
1.1.3 SAND AND GRAVEL AND ORDINARY EARTH PERMIT.
1.1.3.a. COMMERCIAL SAND AND GRAVEL AND ORDINARY EARTH PERMIT. Any
qualified person may apply for a Commercial Sand
and Gravel Permit with the Office of the Municipal
Mayor through the MENRO and in coordination with
the Office of the Governor, for the extraction,
removal and disposition of sand and gravel and
other loose or unconsolidated materials which are
used in their natural state without undergoing
processing, covering an area of not more than five
(5) hectares for a term of one (1) year from the
date of issuance thereof, renewable for a similar
period and in such quantities as may be specified
in the Permit; provided that the application shall
only cover one (1) municipality at any one time
for each applicant under such terms and conditions
as provided herein.
1.1.3.b INDUSTRIAL SAND AND GRAVEL PERMIT. Any qualified person

may apply for an Industrial Sand and Gravel Permit
with the Office of the Municipal Mayor through the
MENRO and in coordination with the Office of the
Governor, for the extraction, removal and
disposition of sand and gravel and other loose or
unconsolidated materials that requires the use of
mechanical processing covering an area of not more
than of five (5) hectares at any one time for a term
of five (5) years from date of issuance thereof,
renewable for like period but not to exceed a term
of twenty five (25) years.
Page 28 of 77
1.1.3.c GOVERNMENT GRATUITOUS PERMIT. Any government

entity/instrumentality in need to quarry sand and
gravel or loose/unconsolidated materials in the
construction of building(s) and/or infrastructure
for public use or other purposes may apply for a
Government Gratuitous Permit with the Office of the
Municipal Mayor through the MENRO, for a period co-
terminus with the construction stage of the project
but not to exceed one (1) year in public/private
lands covering an area of not more than two (2)
hectares. The applicant shall submit a project
proposal stating where the materials to be taken
shall be used and the estimated volume needed.
1.1.3.d PRIVATE GRATUITOUS PERMIT. Any landowner may apply for a

Private Gratuitous Permit with the Office of the
Municipal Mayor through the MENRO for the
extraction, removal and utilization of quarry, sand
and gravel or loose/unconsolidated materials from
his/her land for a non-renewable period of sixty
(60) calendar days: provided that there is adequate
proof of ownership and that the materials shall be
for private use only.
1.1.4 GUANO PERMIT. Any qualified person residing in Malay may apply
for the Guano Permit with the Office of the Municipal Mayor
through the MENRO, for the extraction, removal, disposition,
and/or utilization of loose unconsolidated guano and other
organic fertilizer deposits in specific caves or confined
sites for a term of one (1) year upon the extraction of the
quantity as specified in the Permit: Provided, That only one
(1) Guano Permit shall be issued for the same cave or area;
Provided, further, that the maximum area for the Guano Permit
that a qualified person may hold at any one (1) time shall
not be more than five (5) hectares. However, if no resident
of the Municipality is interested in applying, or if he has
applied but failed to comply with the requirements in support
of his application within sixty (60) days from filling his
application, applications of non-residents shall be
considered.
1.1.4.a GRATUITOUS GUANO PERMIT. A Gratuitous Guano Permit may

be granted to an individual for his personal use or
to any government agency in need of the material
within a specified period and in such volume not
exceeding two thousand kilograms (2,000 kg).
1.1.4.b COMMERCIAL GUANO PERMIT. A Commercial Permit may be

granted to a qualified person for sale or commercial
disposition thereof within a specified period and in
such quantity as may be specified, thereof subject
to the provisions above.
1.1.5. PEBBLE PICKING PERMIT. Upon application with the Office of the
Municipal Mayor through the MENRO, a Special Permit for
Pebble Picking through manual gathering/removal of pebbles
along the beaches/shoreline may be granted to any
cooperative duly registered with the Cooperative
Development Authority (CDA) whose members are residing in
the area in the Municipality where pebble resources are
available. The permit shall be for a term not exceeding one
(1) year from the date of issuance thereof, renewable for
like period; provided that the permit holder has complied
with all the terms and conditions of the original permit as
provided herein and has not been found guilty of violation
Page 29 of 77
of any provision of this Code, the Mining Act and related

local ordinances, existing national laws, rules and
issuances.
1.1.6 GEMSTONE GATHERING PERMIT. Any qualified person may apply for a
Gemstone Gathering Permit with the Office of the Municipal
Mayor through the MENRO for the extraction, removal and
utilization of loose stones useful as gemstones for a term
not exceeding one (1) year from the date of issuance
thereof, renewable for like period; provided that the
application for renewal shall be filed before the expiry
date of the Permit. Provided further that the Permit Holder
has complied with all the terms and conditions of the
provisions of the Mining Act and ordinances, and their
implementing rules and regulations.
1.1.7 MAYOR’S SPECIAL PERMIT. The Mayor may issue a special permit to
any qualified person/s who may wish to extract, remove and
transport sand, gravel, soil and other loose and
unconsolidated materials subject to the verification of the
MENRO, under the circumstances and purposes as provided for
in the existing Municipal.
1.1.8 SAMPLE/ORE DRESSING TEST PERMIT. Any qualified person/s may

apply for a Sample/Ore Dressing Test Permit with the Mayor,
through the MENRO, for the extraction, removal and testing
of minerals subject to the provision of the existing
Municipal Ordinance.
SECTION 2. QUALIFIED APPLICANTS. A permit may be granted to any

qualified person, as herein defined, who has complied with the
requirements prescribed by the Municipal Ordinance of Malay. Provided
further that in the case of government office, it must be duly
recognized and existing and in need of materials for infrastructure
projects as certified by the agency concerned.
SECTION 3. VERIFICATION OF AREAS. The MENRO shall conduct field

verification of the applied areas and submit to the MENRAB the
corresponding report and recommendation for appropriate action of the
Mayor who coordinates with the Governor.
SECTION 4. ACCREDITATION OF TRADERS, DEALERS AND RETAILERS. The MENRO,

Punong Barangay and duly authorized representatives of the Local Chief
Executive shall see to it that no person shall engage in the trading
of minerals/mineral product and by-products either locally or
internationally, unless registered with the appropriate government
agency and accredited by the Regional Office of Mines and Geo-Sciences
Bureau; provided, that the contractors/permittees are considered to be
registered and accredited for the purpose of trading minerals/mineral
products and by-products during the effectivity of their permits or
mining rights as provided for in the Mineral Processing Permit under
Paragraph 1, 2, & 3 of Section 109 of DAO 96-40.
In case of small-scale miners, the processing of the mineral ores

and minerals they produce, as well as licensing of their custom mills
or processing plants notwithstanding the provision of the existing
ordinance thereof, shall continue to be governed by the provisions of
R.A. No. 7076 and P.D. No. 1899 and their implementing rules and
regulations.
In the case of the contractors, holders of Industrial Sand and

Gravel Quarry Permits, the approved Work Program for the production
period is a sufficient requirement for them to process their minerals
in lieu of the Mineral Processing Permit.
Page 30 of 77
SECTION 5. DELIVERY RECEIPT. The truck driver engaged in hauling

from the extraction area of sand and gravel and other materials governed
by the permit shall present the original delivery receipt upon inspection
by concerned authorities. The duplicate copy shall be attached to the
monthly report required hereof and made available at all times for
inspection by the proper authorities.
Failure of the truck driver to present the delivery receipt upon

demand shall subject them to the penalty imposed by existing municipal
ordinances and national or provincial laws and shall be a cause for the
impounding of the materials and vehicles which shall be released only
following the provisions of R.A. No. 7076, otherwise known as the Small
Scale Mining Act.
SECTION 6. BASIS OF ARREST AND SEIZURES. The absence of any of the

foregoing documents as provided for in Section 5 shall be considered prima
facie evidence of illegal mining and shall cause the confiscation/seizure
of the mineral/mineral products and the tools and equipment including
conveyance used in the commission of the offense in favor of the
government pursuant to the provisions of the governing laws/statutes and
policies.
If it is found that the minerals/mineral products seized have

been mined, extracted or removed without permit or authority under
existing mining laws, rules and regulations, final confiscation can be
effected to be followed by the filing of the complaint in the proper
Court.
SECTION 7. CUSTODY OF THE SEIZED/CONFISCATED MINERAL/MINERAL PRODUCTS,

TOOLS, EQUIPMENT AND CONVEYANCE. In the case of apprehension by the
deputies of the Mayor, the mineral products, tools, equipment and
conveyance used shall be deposited and disposed through the directive
of the Mayor.
SECTION 8. GATHERING AND COLLECTION OF STALACTITES, STALAGMITES AND OTHER

SIMILAR CAVE FORMATION. Gathering and collection of stalactites,
stalagmites and other similar cave formations shall be strictly prohibited
pursuant to R.A. 9072 “An Act to Manage and Protect Caves and Caves
Resources and other Purposes”. The Municipal Government of Malay shall
identify all caves within its locality and prohibit the gathering of such
materials. Barangay officials are deputized to monitor and apprehend
violators within the barangay relative to these resources.
SECTION 9. REVERSION OF MINERAL LANDS. The reversion of the mineral

lands including the identification and delineation of mined-out areas
shall be governed by RA No. 7942, otherwise known as the Philippine
Mining Act of 1995, PD No. 705 known as the Forestry Code of the
Philippines, and the terms and conditions of an Environmental
Compliance Certificate (ECC) issued by the DENR to individual permit
holders.
SECTION 10. PROTECTION OF MINERAL LANDS. The Municipal Government, in

coordination with the DENR-MGB, shall undertake a system of gainful
and efficient utilization of mineral resources and shall encourage
citizens’ participation in this endeavor.
The permit holder shall adopt progressive and engineered mine

rehabilitation work in consonance with the cycle of mining operation.
And, it should be guided by the current best practices on
environmental management in order to reduce negative impacts to the
environment.
Page 31 of 77
ARTICLE V
HABITAT AND BIODIVERSITY CONSERVATION
SECTION 1. MANAGEMENT DIRECTION. To ensure symbiotic existence of

all humans with endemic flora and fauna, this Code gives priority to
the protection, conservation and preservation of the identified
protected areas. The Municipal Government, in close coordination with
the DENR and other appropriate agencies, shall identify biologically
suitable areas in public and private lands which are habitat of rare
and endangered species of flora and fauna, bio-geographic zones and
related ecosystems, either terrestrial, wetlands or marine, shall be
designated as protection lands.
SECTION 2. HABITAT PROTECTION AND BIODIVERSITY CONSERVATION. The MENRO,

in coordination with the DENR and concerned agencies, shall provide on
site services and facilities related to the protection and management
of habitat and biological resources pursuant to RA 7586 (NIPAS Act),
RA 9147 (Wildlife Resources and Conservation Act) and RA 9072 (Caves
and Cave Resources Management and Protection Act), Ordinances and
their Implementing Rules and Regulation (IRR).
SECTION 3. LGU’S ROLE IN CAVE AND CAVE RESOURCES MANAGEMENT. The LGU
shall enter into collaborative efforts with the DENR, other
appropriate agencies/entities concerned in the preservation,
protection, development and management of the caves and its resources
located in its areas of jurisdiction for scientific, educational,
recreational, eco-tourism and other sustainable similar purposes.
SECTION 4. LGU’S ROLE IN WILDLIFE RESOURCES CONSERVATION AND PROTECTION. A

prior clearance and recommendation from the LGU shall be secured by
the project proponent pursuant to the Wildlife Resources and
Conservation Act and other related issuances.
SECTION 5. ESTABLISHMENT OF CRITICAL HABITAT. The LGU, in coordination

with the concerned agencies, shall designate a critical habitat where
threatened species are found pursuant to the provisions of RA No. 7586
(NIPAS Act) and its IRR.
SECTION 6. MUNICIPAL WILDLIFE RESCUE CENTER. The MUNICIPAL Government

shall enter into an agreement with the DENR and other private
institutions for the establishment and management of a wildlife rescue
center. The MENRO, with concerned law enforcement agencies, shall
coordinate with all the Barangays and consolidate their efforts in
curtailing illegal trafficking of flora, fauna, by- products and its
derivatives.
SECTION 7. LGU’S ADOPTION OF FLAGSHIP SPECIES. The LGU shall adopt

flagship species of flora and fauna within its area of jurisdiction as
its identified emblems of conservation efforts. Ordinances shall be
enacted on the selection and adoption of such species in close
coordination with the DENR or DA-BFAR and in adopting conservation
measures of its flagship species preferred.
SECTION 8. URBAN MUNICIPAL TREE PARKS, GREENBELT AREAS AND GREENING OPEN
AREAS. The LGU shall establish and manage urban municipal tree parks,
greenbelt areas and greening open spaces on portion of human
settlement areas/housing subdivision projects, schools, cemeteries,
riverbanks and any public or private places suited for the purpose. A
mechanism will be formulated and implemented to serve the objective.
Page 32 of 77
SECTION 9. DECLARATION OF WILDLIFE SANCTUARY. The municipal government

shall declare terrestrial, wetlands and/or aquatic areas as wildlife
sanctuary wherever possible in its area of jurisdiction. This serves
as habitat for migratory and endemic birds and other wildlife species
in the locality. The duly declared sanctuaries shall be maintained and
conserved by the municipal government, in collaboration with DENR and
BFAR and other government agencies and NGOs, POs and stakeholders.
SECTION 10. DECLARATION OF A CLOSE OR OPEN SEASON FOR HUNTING. The

Municipal government may closely coordinate with the DENR on whether
or not hunting of a certain wildlife species shall be allowed within
the municipality or in selected areas pursuant to RA 9147. Nobody is
allowed to conduct wildlife hunting without appropriate permit issued
by the Local Government of Malay and DENR. A close season for hunting
in a certain prescribed period of the year may be determined through
intensive wildlife biology research to assure regeneration and
restocking of endemic wildlife species in the locality.
ARTICLE VI
SUSTAINABLE COMMUNITY WATERSHED AREA DEVELOPMENT AND MANAGEMENT
SECTION 1. IDENTIFICATION AND DELINEATION OF WATERSHED AREAS. The

Municipal Government shall identify, delineate and establish Community
Watershed Areas in its area of jurisdiction in close coordination with
the DENR and in accordance with the applicable provisions of DENR-DILG
joint Memorandum Circular No. 98-01 and 2003-01, and other related
issuances.
SECTION 2. WATERSHED AREAS CLASSIFICATION. The watershed areas

identified and delineated shall be classified into medium, small and
micro watersheds based on the extent of administrative coverage areas
and location, institutional coordinating agency, type and scope of
watershed management divide.
SECTION 3. SCOPE AND COVERAGE. All identified and established

watershed areas including their river basins must follow processes as
required by the DENR-DILG joint Memorandum Circular 98-01 and 2003-01
and all related issuances.
SECTION 4. SUSTAINABLE DEVELOPMENT AND MANAGEMENT, STRATEGIES AND

APPROACHES. All proclaimed watershed areas shall be managed on a
sustained yield and multiple-use management schemes.
Management strategies shall conserve and enhance the watershed

resources to protect the environment and provide goods and services
for the enhancement of the quality of life in the local community. The
strategies are grouped into preventive and remedial measures and
policy formulation.
Community watershed areas shall be developed and managed in

accordance with the policy guidelines, laws, rules and regulations and
other related issuances.
ARTICLE VII
WATER RESOURCES
SECTION 1. MANAGEMENT DIRECTIONS. The Municipal Government shall

adopt a policy of integrated and sustainable management of all water
resources whether inland, subterranean, coastal, marine or
atmospheric.
Page 33 of 77
SECTION 2. INVENTORY AND CLASSIFICATION OF WATER BODIES. The Municipal

Government shall conduct an inventory and classification of water
resources under its jurisdiction in coordination with the DENR, using
present promulgations on water classification specifically PD 1067 or
the Water Code of the Philippines and DENR Administrative Order No.
97-23 updating DAO 34 Series of 1990 otherwise known as the Revised
Water Usage Classification which shall be the basis for the issuance
of water utilization permits and licenses.
SECTION 3. AUTHORITY TO GRANT AND CONTROL USERS PRIVILEGES THROUGH ECONOMIC

RESOURCE RENTS. The privileges of the community/stakeholders to utilize
water and fishery resources on a sustainable basis shall be exercised
under the notion that the grantee, licensee or permittee, shall not
only be a privileged beneficiary of the state but also an active
participant and partner of the LGU in the development, conservation
and management of water and the aquatic resources.
The collected fees and charges shall be flowed back to support

the costs and preservation, protection and rational management of the
very same resource. This is through a conservation fee wherein an
amount shall be paid for the protection, maintenance and
rehabilitation of the resources based on the principle of mutual
benefits on the watershed and the water supply source will be greatly
affected.
SECTION 4. PRIORITY USES. The LGU, in permitting public use of its

waters and coastal resources, including licensing of concessions to
utilize living and non-living resources, establish settlements, put-up
industrial facilities and set-up economic endeavors, shall observe the
general priorities embodied in the Water Code of the Philippines or
P.D. 1067 and RA 8550, otherwise known as the New Fisheries Code of
the Philippines.
SECTION 5. CONSERVATION OF INLAND WATER. The Municipal Government,

thru its MENRO, in cooperation with its Barangays, NGAs, NGOs, POs and
stakeholders, shall ensure that the inland water-bodies such as the
surface and underground water, rain water, and coastal waters are
conserved for the sustainable and beneficial use in accordance with
the Water Code of the Philippines and RA 8550.
SECTION 6. COMMUNITY ADOPTION OF RIVERS AND OTHER INLAND WATERS. The

Municipal Government shall encourage the Barangays’ “community
adoption” of lakes, shoreline areas, and riverbanks contiguous to
their residential areas for purposes of conservation and preservation
of water resources.
SECTION 7. PROTECTION OF COMMUNITY WATERSHED AREAS AND THEIR DRAINAGE

BASIN. This code provides that all community watershed areas and their
drainage basins shall be protected by the Municipal Government against
pollution and encroachment of other non-compatible uses.
SECTION 8. POLLUTION CONTROL OF INLAND WATER. The Municipal Government

shall establish sewerage and proper disposal system of all domestic
sewage from land based sources of intensive human, livestock and
farming activities.
SECTION 9. EFFLUENT AND POLLUTION CONTROL IN WATER SOURCES. The LGU, in

coordination with DENR-EMB, academe, and research institutions, shall
formulate a water quality management scheme and determine the type and
point sources of pollutants and the allowable volume of effluents that
can be permitted to discharge to waterways subject to existing
discharge standards provided in the Clean Water Act of the Philippines
or RA 9275 and DENR DAO 34.
Page 34 of 77
SECTION 10. MUNICIPAL AND INDUSTRIAL WASTE WATER TREATMENT. The LGU shall
require all industries within its jurisdiction to establish and share
a common waste treatment plant and adopt precautionary measures to
address adverse environmental impact using clean production
techniques, and recycling of treated wastewater.
SECTION 11. AKLAN RIVERS DEVELOPMENT COUNCIL. Whenever applicable, the

Municipal Government adopts Provincial Ordinance No. 05-026, “AN
ORDINANCE ESTABLISHING THE AKLAN RIVERS DEVELOPMENT COUNCIL, DEFINING ITS POWERS AND
FUNCTIONS, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES”.
SECTION 12. MUNICIPAL WATER RESOURCES DEVELOPMENT COUNCIL. The Municipal

Government shall create and institutionalize Municipal Water Resources
Development Council to act as a policy formulating and advisory body
governing sustainable water resources management and utilization.
SECTION 13. WATER RESOURCES DEVELOPMENT FUND. The LGU shall allocate
funds for the prevention of water pollution and the rational
utilization of water resources. Furthermore, this Fund shall be
allotted to develop research, establish data base, implement water
supply and sewerage projects, water sources protection and capability
building for a Municipal Water Resources Development Council (MWRDC)
and other stakeholders.
Aside from its regular appropriations and economic rents, the LGU
shall likewise source its funds from fees and penalties collected from
identified point sources of pollution and damages, applying the
Polluters Pay principle on the management of its territorial waters.
An ordinance shall be enacted and implemented to require resource

users both within the locality and those that are trans-boundary to
collect fees and charges to cover the cost of rehabilitation in
addition to payments of administrative charges arising from the
violations committed. Mitigating measures introduced in the area
financed from fees and penalties collected by the LGU from polluters
should benefit those directly affected by the pollution.
SECTION 14. LGUS’ INITIATIVES ON WATER SUPPLY DISTRIBUTION AND SEWERAGE

SERVICES. The LGU shall be encouraged to provide delivery of water
supply and sewerage services but not limited to investments or loans
from Water Service Providers (WSPs). The LGU shall be financially and
operationally responsible for the WSPs within its respective
jurisdiction in accordance with the provisions of Executive Order No.
219 dated February 2, 2004 entitled “Instituting Reforms in the
Financing Policies for the Water Supply and Sewerage Sector and Water
Service Providers and Providing for the Rationalization of LWUA’s
Organization Structure and Operation in Support Hereof”.
ARTICLE VIII
COASTAL ZONE AREAS AND RESOURCES MANAGEMENT
SECTION 1. MANAGEMENT DIRECTIONS. The Municipal Government shall

adopt the Integrated Coastal Zone Management (ICZM) by using the
ecosystem approach in the development and management of its coastal
environment and resources pursuant to Executive Order No. 533, “Adopting
Integrated Coastal Management as a National Strategy to Ensure the
Sustainable Development of the Country’s Coastal and Marine Environment
and Resources and Establishing Supporting Mechanisms for its
Implementation”.
Page 35 of 77
SECTION 2. RESOURCE ACCOUNTING AND INFORMATION MANAGEMENT SYSTEM. The LGU

shall provide for the establishment and development of data base of
all coastal zone resources which include all information and maps on
the qualitative and quantitative characteristics of the fishery
resources, breeding grounds, seasons and processes that need to be
protected, including critical habitats needing preservation as centers
for stock recruitment and replenishment and the identification of
resources that may be tapped for further economic production.
SECTION 3. COASTAL ZONE MANAGEMENT PLANNING. The Municipal Government

shall organize or create a body responsible for the drafting of a
Municipal Integrated Coastal Zone Management Plan and coordinate
efforts for a comprehensive action plan preparation and
implementation.
SECTION 4. FORMULATION OF INTEGRATED COASTAL ZONE MANAGEMENT (ICZM) PLAN.

Planning and development of Integrated Coastal Zone Management Program
is the key management tool for sustainable economic program.
The ICZM Plan shall define and delineate the zoned areas and
resources covered by the management regime. It must clearly spell out and
define the resources and critical issues and strategies and the mechanics
that are necessary to address such issues and sustainability of the
resources pursuant to the provisions of RA 8550, RA 7160, RA 7586, RA 9147
and other applicable laws and issuances.
SECTION 5. PRESERVATION OF ECOSYSTEM THAT SUPPORTS COASTAL RESOURCES.

Development shall avoid manipulation of biological cycles that are
important to the natural productivity of the coastal zone to influence
other ecosystems’ productivity and sustainability. It shall regulate
the alteration of the degree and direction of river flows having far
reaching effects on the coastal zone ecosystem, the diversity and
productivity of the seashores, fisheries and the natural configuration
of the coastlines that protects the immediate lands.
SECTION 6. INTER-MUNICIPAL COOPERATION. The Municipal Government

shall form a federation or alliance to ensure coherent management
strategies and policies in areas wherein resources may be shared
between two or more Barangays considering ecological processes that
transcend one Barangay and affecting the others. The federation or
alliance shall define its functions and responsibilities as the policy
making and advisory body of the Local Chief Executive.
SECTION 7. COMMUNITY EDUCATION AND AWARENESS ENHANCEMENT. The Municipal

Government shall formulate and implement continuing information and
education program to enhance awareness, appreciation and
responsibility in ensuring the wise and sustainable utilization of
resources, to intensify interest of developing capabilities towards
rational management of marine water and coastal resources, and to
establish a broad base support for resource management plans
implementation.
SECTION 8. MARINE POLLUTION AND HEALTH HAZARDS. The Municipal

Government shall prepare, adopt and implement precautionary and
preventive measures against marine pollution and health hazards as
maybe prescribed in the IRR of this Code.
The LGU shall consider the Polluters Pay Principle to generate

funds for research and development capabilities and institutional
cooperation of stakeholders for the formulation of guidelines on
technologies for marine water pollution control innovations.
Page 36 of 77
An ordinance shall be enacted to oblige erring resource users,

within the local territory, to bear the cost of
rehabilitation/restoration activities in addition to payments of
administrative charges arising from such unscrupulous activities.
Other preventive measures will be financed by the revenues generated
from fees and penalties collected by the LGU from polluters. It should
benefit as much as possible those who are directly affected by
pollution hazards.
SECTION 9. COMMUNITY ORGANIZING. Community organizing in ICZM shall

be institutionalized to enhance management of projects, the adoption
of responsible fishing practices and the internalization of the
concepts of resource conservation by the local community.
SECTION 10. MUNICIPAL FISHERY ORDINANCE. This Code shall adopt the
existing and duly approved municipal fishery ordinances.
SECTION 11. CREATION AND STRENGTHENING OF INTER-AGENCY TECHNICAL WORKING

GROUPS. The Municipal Government may create and strengthen inter-agency
Technical Working Groups composed of DA, BFAR, DENR, DILG, FARMC,
academe and other interested parties pursuant to the provisions of the
joint DA-DENR, DILG, Administrative Order No. 1, Series of 2008,
“Defining/Identifying The Areas of Cooperation and Collaboration Among
DA, DENR and DILG in the Planning, Management, and Control of
Aquaculture Development to Mitigate Impacts in the Environment.”
ARTICLE IX
ENVIRONMENTAL PROTECTION AND ENHANCEMENT MEASURES
SECTION 1. AIR QUALITY MANAGEMENT. In consonance with the provisions

of the Clean Air Act (RA 8749) and pursuant to the LGC (RA 7160-1991)
and other applicable laws, the municipal government shall share the
responsibility in the management and maintenance of air quality in the
municipality and implement the air quality standards set by the
Governing Board upon its creation and establishment of the municipal’s
air shed consistent with Sec. 7, 8 and 9 of RA 8749 with the
Integrated Air Quality Framework to attain and maintain Ambient Air
Quality Standards within the Municipality.
1.1 MANDATORY REQUIREMENTS FOR TRAFFIC MANAGEMENT FRAMEWORK. The LGU, in

collaboration with LTO and DENR-EMB, shall adopt ambient air
quality standard with prescribed maximum concentration of air
pollutants permissible in the atmosphere consistent with public
health safety and general welfare. The LGU shall prepare and
implement a program and other measures including relocation
whenever necessary in order to protect the health and welfare of
residents of the Municipality. The LGU shall further develop a
procedure in carrying out action plan for the Municipality in
coordination with the DENR-EMB.
1.2 IDENTIFICATION AND MANAGEMENT OF HEAVILY CONGESTED TRAFFIC AREAS IN URBAN

CENTERS. The LGU, in collaboration with the LTO and DENR-EMB, shall
lay down the identification of the heavily congested traffic areas
in the highly urbanized areas and institute management
strategies/measures to address the smooth implementation of RA
8749 and its Implementing Rules and Regulations under DAO 2000-81.
1.3 INDUSTRIAL POLLUTION CONTROL. The municipal government thru the MENRO,
in close coordination with DENR-EMB, shall ensure that the
industrial firms operating within the municipality shall comply
with air quality standard through periodic testing of industrial
firms (quarterly or semi-annual).
Page 37 of 77
1.4 ABATEMENT OF AIR POLLUTION FROM OTHER SOURCES. In compliance with the
state policy provided for in PD 1181, the municipality shall
ensure that precautions are undertaken to prevent the emission of
excessive carbon monoxide, particulates and sulfur dioxide from motor
vehicles and other stationary engines or sources. Some primary
considerations are the enforcement of the anti-smoke belching
program, the intensification of coordination among concerned agencies
on the use of unleaded fuel and reduce sulfur content on diesel, and
bunker fuel on power generating plants in the Municipality of Malay.
It will be a mandatory requirement to all scopes of industry

with emissions load to the environment to install anti-pollution
facility in all aspects of production point that generates
particulate matter, which contributes to air pollution.
1.5 MANDATORY PLANTING OF PLANT SPECIES THAT MITIGATE/ABATE AIR POLLUTION.

Planting of ornamental plants/trees in street islands, both
shoulders of roads or streets in the municipality, barangays,
subdivisions and condominium compounds shall be encouraged. The
planting must be in a manner that is scientifically and
agriculturally acceptable to the community with intervals
sufficient to provide healthy growth of such flora to create
enough shade subject to the existing guidelines, rules, and
regulations of DPWH and other agencies concerned. No development
permit shall be issued by the local chief executive for
subdivisions and other industrial parks project unless there are
provisions for the planting of trees to mitigate/abate air
pollution.
SECTION 2. WATER QUALITY MANAGEMENT. This Code adopts the provisions

of RA 9275 otherwise known as the Clean Water Act of 2004 governing
sound water quality management.
2.1 WASTE WATER DISPOSAL MANAGEMENT DIRECTION. Consistent with the national
anti-pollution laws, the LGU shall adopt policies that regulate
the effluent standard of wastewater discharge to receiving water
body pursuant to DAO 34 Series of 1993 and RA 9275 otherwise known
as the Clean Water Act of 2004.
2.2 WASTE WATER DISPOSAL MANAGEMENT RESTRICTION. Under this Code, the LGU
shall help enforce and implement existing national laws and
promulgations which penalize any industrial, manufacturing
facility and domestic structure that operates without proper waste
water disposal/treatment facilities in accordance with the set
standard and designs prescribed by the same national laws. They
shall also help monitor compliance by these facilities and
structures to the provisions of all applicable laws.
2.3 SPECIAL LIQUID WASTE DISPOSAL MANAGEMENT. This Code also adopts the set
standards and designs including the prohibited acts, fines and
penalties provided for by all applicable national laws and
issuances governing disposal of waste water emanating from
hospitals, funeral parlors, gasoline stations and animal slaughter
houses.
SECTION 3. SOLID WASTE MANAGEMENT. Pursuant to relevant provisions

of RA 7160 and RA 9003 and its implementing Rules and Regulations, the
Municipality shall adopt the Integrated Ecological Solid Waste
Management System. Through the MENRO, it shall share the
responsibility with the barangays in facilitating the effective
implementation and enforcement of Solid Waste Management System.
Page 38 of 77
Implementation of the Ecological Solid Waste Management System in

the municipality shall fundamentally take into account the following
hierarchy with volume reduction as its first priority, to wit:
a.) Source reduction and minimization of waste generated at sources;

b.) Resource recovery, recycling and reuse of waste at barangay level;
c.) Efficient collection, proper transfer of waste; and
d.) Efficient management of residuals and of final disposal sites
and/or any other related technologies for the destruction/reuse of
residuals.
Solid waste shall be collected and segregated at the barangay

level specifically biodegradable, compostable and reusable waste,
while the collection of non-recyclable materials and special waste
shall be the responsibility of the municipal government.
3.1 INSTITUTIONAL MECHANISM. The municipality and its barangays shall

establish and strengthen their respective solid waste management
board/committee pursuant to Section 4 of RA 9003.
3.2 MULTI-PURPOSE ENVIRONMENTAL COOPERATIVE. The Municipal Government shall

encourage the establishment of Multi-Purpose Cooperatives that
shall undertake activities and projects to promote the
implementation of the provisions of RA 9003. In this Code, the
cooperatives shall be federated in the municipal level.
3.3 PREPARATION OF SOLID WASTE MANAGEMENT PLANS. The barangays shall prepare
and submit their respective Solid Waste Management Plan to the
Municipal level for consolidation. The Municipal Government shall
form clusters of barangays with common problems on solid waste
management system specifically in the identification, establishment
and management of a common solid waste management facilities.
3.4 WASTE CHARACTERIZATION. The Municipal Government shall identify the

constituent materials which comprise the solid waste generated in
its area of jurisdiction, its volume, percentage in weight or its
volumetric equivalent, material type and source of generation
which include residential, commercial, industrial, institutional
or other sources.
3.5 COLLECTION, TRANSPORT AND TRANSFER. The barangay shall be responsible

for ensuring 100% collection efficiency from proper waste
segregation at source. The municipal government shall be further
responsible in the collection and transfer of residual waste to
the designated sanitary landfill.
3.6 PROCESSING. Appropriate processing technologies, methods and

facilities which are nationally-acceptable shall be established
to process the solid waste including the use of immediate
treatment facilities for composting, recycling, conversion and
other waste processing system.
3.7 SOURCE REDUCTION. The Solid Waste Management Plan of the Municipality
shall adopt strategies, measures, methods and new facilities that
will reduce the volume of all wastes at source.
3.8 RECYCLING. The LGU shall promote industrial, commercial,

residential, agricultural, institutional and other reduction
strategies (mobile, drop-off, buy-back recycling programs, manual
and automated material recovery facilities, zoning, building code
changes and rate of structures) that encourage the recycling of
materials to meet the waste diversion as specified in Section 20
of RA 9003.
Page 39 of 77
3.9 SPECIFIED COMPOSTING. The municipality and its barangays shall

prescribe a program and implementation schedule, which will reduce a
sufficient amount of solid waste, disposed through composting, and
shall grant price preference to encourage their constituents to
purchase composted products.
3.10 SOLID WASTE FACILITY AND FINAL DISPOSAL. The Municipal Government shall
include the projection of the volume or disposal capacity needed
to accommodate the solid waste generated as reduced through
interventions such as reuse, recycling and composting programs.
The plan shall specify the strategies for the efficient

disposal of wastes through existing disposal facilities and the
identification and development of prospective sites for future use
pursuant of Article 6, RA 9003.
3.11 EDUCATION AND PUBLIC INFORMATION. The Municipal Government shall ensure
a well-informed citizenry about source reduction, recycling,
composting, waste collection services, solid waste management and
related health and environmental concerns.
3.12 SPECIAL WASTE. The Municipal Government shall include existing waste
handling and disposal practices for special and hazardous waste and
identification of current and proposed program to ensure proper
handling, re-use and treatment and disposal of special waste.
3.13 RESOURCE REQUIREMENT AND FUNDING. The municipality shall include

identification of specific projects, activities, equipment and
technological requirements and indicate its cost. It will also
indicate the source (s) of funds and of how the municipality
intends to generate funds to finance the different
programs/activities of solid waste management.
3.14 PRIVATIZATION OF SOLID WASTE MANAGEMENT PROJECTS. The municipality shall

promote the participation of the private sector in the solid
waste management, particularly in the generation and development
of the essential technologies.
3.15 INCENTIVES. The Municipal Government shall provide incentives to

barangays, puroks, households, schools and other
institutions/establishments that effectively implement ecological
waste management particularly on waste generation through the 3
R’s, (reduction, reuse and recycling), handling and on-site
storage, collection, transfer and transport of solid waste, waste
processing and resources recovery and the manner and schedule of
disposal of solid waste.
3.16 DUMPING INTO THE RIVER AND ANY BODY OF WATER. The dumping or disposal of
solid waste into the river or any body of water In the Municipality
is prohibited.
3.17 WASTE STORAGE IN PUBLIC UTILITY VEHICLES. Owners/operators/drivers of

public utility vehicles, including tricycles, shall provide garbage
receptacles or trash can inside the vehicles with the notice/warning
to the passengers to place their waste inside the receptacles and
shall be properly disposed in accordance with existing laws, rules
and regulations.
SECTION 4. NOISE POLLUTION CONTROL.
4.1 NOISE REDUCTION. The Municipality through the MENRO, in coordination

with the barangays, shall set noise standards for both mobile and
stationary sources, either indoor or outdoor, which will not result
in ambient noise level higher than the ambient standard.
Page 40 of 77
4.2 STANDARD FOR NOISE-PRODUCING EQUIPMENT. This Code through its IRR, shall
establish standards on noise produced from construction works,
transportation, electrical or electronic equipment, stationary
engines and such similar equipment. The standard shall set the
acceptable level of noise emitted from given equipment for the
protection of public health and welfare, considering among others,
the magnitude and condition of the usage, the degree of noise
reduction achievable through the application of best available
technology and the cost of compliance.
The installation of any noise-producing equipment shall

conform to the requirements of PD 1096 and other applicable laws
as well as their implementing rules and regulations.
4.3 COMMUNITY NOISE STANDARDS. Appropriate standard for ambient noise

levels shall be established considering its location, zoning and
land use classification.
4.4 OPERATION OF PUBLIC ADDRESS SYSTEM. Operations of public address systems

shall be regulated under this Code.
SECTION 5. DISASTER/NATURAL CALAMITIES PREPAREDNESS. The municipality

shall develop a comprehensive disaster risk reduction program that will
include safety measures/preparations, assessments, predictions, prevention
and mitigation of natural disasters through conduct of studies,
demonstrations, projects and drills, education and trainings tailored to
a specific disaster and location.
5.1 CREATION AND INSTITUTIONALIZATION OF EMERGENCY PREPAREDNESS AND PUBLIC SAFETY

MECHANISM. The municipality through the MDRRMC, in collaboration
with its barangays, shall prepare and implement emergency disaster
risk reduction management plans and programs and provide logistic
support thereof.
5.2 EVACUATION CENTER DESIGNATION. The municipality government in

collaboration with its barangays shall identify/designate evacuation
centers, which will be used during disaster/calamities.
5.3 POST DISASTER EVALUATION. The municipality through the MDRRMC shall
conduct post disaster evaluation, which includes assistance on
restoration and rehabilitation to hasten the recovery process of
disaster victims, and to the extent possible, remove or change the
conditions, which contribute to the occurrence of disaster to lessen
the vulnerability of the community and enhance its capability. These
post disaster evaluations may include limited financial assistance
to shelter and cash/food-for-work, for the restoration and
improvement of damaged houses and facilities, income generating
projects and skills development trainings.
ARTICLE X
LAND AND LAND USE MANAGEMENT DEVELOPMENT
SECTION 1. LAND USE. This refers to the manner of utilizing land,

both man-made and natural, including its allocation, development, and
management. It shall be a policy to provide a rational, holistic, and
just allocation, utilization, management, and development of the land
resources to ensure their optimum use, consistent with the principles
of sustainable development.
For purposes of this Code, the land use of the Municipality shall
be guided by the Comprehensive Land Use Plans (CLUP) of the Local
Government Unit as mandated by RA 7160 and amendments thereof.
Page 41 of 77
It shall apply to all lands, whether public, private, government-

owned, and/or in the possession of individuals, communities,
indigenous people, or group of people, to guide and govern the use,
allocation, and management of land resources, including such
activities that bear impact on said resources.
SECTION 2. LAND USE MANAGEMENT. The primary and alternative use of a

specific land resource shall be determined and evaluated prior to any
decision for the assignment of its use. Areas feasible for sustainable
land resource use may be considered wherein settlements, tourism,
agriculture, agro-forestry, infrastructures, industry, extraction
activities and other income generating or livelihood activities may be
allowed.
Land use management shall be in accordance with existing laws

(DENR, DAO 71, Series of 1990; DAR AO 9, Series of 2006) and other
guidelines adopted by national government agencies that recognize
community based practices and Agribusiness Venture Arrangements (AVA)
for the advancement of local entrepreneurs.
Provided, that multiple uses of land resources shall be in

accordance with the principle and priorities in land use allocation
and planning and on the carrying capacity of land and shall be in
conformity with the adjoining land uses, and that no reclassification
of prime agricultural lands to urban or other uses shall be allowed.
SECTION 3. MAINTENANCE AND DEVELOPMENT OF AGRICULTURAL LAND. Priority

areas for agricultural development must be based on the Strategic
Agricultural and Fisheries Development Zone (SAFDZs) as defined by
Republic Act No. 8435 known as the Agricultural and Fisheries
Modernization Act of 1997 or AFMA.
The Municipal Government, through its implementing arms, shall be

tasked to assist the farmers in developing and maintaining
agricultural lands. Assistance shall be sought from the Department of
Agriculture (DA) in prioritizing areas for agricultural development
based on SAFDZ.
The Network of Protected Areas for Agriculture and Agro-

industrial Development (NPAAD), as identified by the Department of
Agriculture through the Bureau of Soils and Water Management (BSWM),
in coordination with the National Mapping and Resource Information
Authority (NAMRIA), must be adopted and implemented by the LGU to
ensure the efficient utilization of land for agriculture and agro-
industrial development and to promote sustainable growth.
SECTION 4. RECLASSIFICATION OF AGRICULTURAL LANDS. The Municipality

may, through an ordinance passed by the Sangguniang Bayan after the
required public hearing, reclassify agricultural lands and provide for
the manner of utilization in accordance with the provisions of
existing governing laws, executive orders, administrative orders and
other national government issuances and promulgations and in pursuance
with the principle of sustainable development and environmental
preservation.
Section 5. SETTLEMENTS AND SUBDIVISIONS DEVELOPMENT. The development of

the Municipality through its zoning ordinances shall be guided by
urban zoning standards designed to maximize existing urban spaces and
reasonably restrain urban expansion.
Page 42 of 77
The Municipality shall designate lands for socialized housing and

resettlement areas within the residential zone which are integrated in the
municipality’s zoning ordinance duly approved by the Housing and Land Use
Regulatory Board (HLURB) for the immediate and future needs of the
underprivileged and homeless in their territory, pursuant to existing laws
and regulations.
SECTION 6. REVERSION COVERED BY SPURIOUS OR ILLEGAL TITLES INTO PUBLIC

DOMAIN. The Municipality, through the office of the Municipal Assessor
and the MENRO, in coordination with the Department of Environment and
Natural Resources and Department of Agrarian Reform, shall conduct
jointly an inventory of public lands within the Municipality and
identify/demarcate all titled lands situated on forest or timber lands,
reservations, easement of rivers, streams, creeks, streets or public
highways including properties of public domain. The Municipality, in
coordination with the Land Registration Authority and other government
agencies, shall assist the Solicitor General to ensure that such
titles are cancelled and those lands be reverted to public domain.
SECTION 7. LAND SPECULATION AND MANAGEMENT. An appropriate provision

to institute a monitoring system shall be included in lands within the
private domain, particularly in areas where economic growth is
extensive and identified for development and investment speculation
and conform to existing laws and regulations which ensures compliance
to;
7.1 Policies that will constitute sustainable management practices in

land development and speculation shall be established.
7.2 That proposed development plans are consistent with the zoning and
land use plan and will positively benefit the residents of the
municipality.
SECTION 8. SOIL CONSERVATION. The LGU shall adopt soil erosion

measures suitable to the site to maintain soil fertility and prevent
potential soil degradation.
SECTION 9. MANDATORY FORMULATION AND UPDATING OF COMPREHENSIVE LAND USE

PLAN. The LGU shall formulate its Comprehensive Land Use Plan (CLUP)
consistent and in accordance with the implementing Rules and
Regulations of the Local Government Code of 1991.
SECTION 10. TOWN ECOLOGICAL ZONING. The municipality may be zoned

according to its functional contribution for economic development of
the Municipality in general for which the details shall be defined in
the CLUP and zoning ordinance.
SECTION 11. DEVELOPMENT OPPORTUNITIES/CONSIDERATION FOR IDENTIFIED DISASTER

PRONE AREAS. The Municipal Government, in the formulation of the
Comprehensive Development Plans/Comprehensive Land Use Plan, must
identify disaster prone areas as a special concern and shall prepare
mitigating programs/projects to address the adverse impact on the
populace, damage to crops, properties and infrastructure projects.
SECTION 12. INSTITUTIONALIZATION OF THE MUNICIPAL LAND USE COMMITTEE

(MLUC). The Municipal Land Use Committee (PLUC), whose composition and
functions are defined in Executive Order No. 72 of 1993, shall be
strengthened and institutionalized.
Page 43 of 77
SECTION 13. LOCAL DEVELOPMENT COUNCIL (LDC). The Municipal

Development Council, created under R.A. 7160, shall, with technical
assistance from its sectoral committees and the Municipal Planning and
Development Office (MPDO), prepare and periodically update the CLUP,
taking into consideration the national, regional and provincial
policies and strategies.
SECTION 14. LAND USE CONVERSION. Conversion of agricultural lands to

non-agricultural uses shall be strictly regulated pursuant to Section
65 and 49 of Republic Act No. 6657, otherwise known as The Agrarian
Reform Law of 1988, RA 7607, otherwise known as the Magna Carta for
Small Farmers, Sections 4 (j) and 5 (l) of Executive Order No. 129-A,
the Reorganization Act of the Department of Agrarian Reform, and the
pertinent provisions of RA 8435, otherwise known as the Agriculture
and Fisheries Modernization Act (AFMA), and all other pertinent laws,
SECTION 15. OPEN SPACE IN URBAN AREAS FOR ECOLOGICAL FUNCTIONS. The LGU
shall provide within its urban zone an open space for ecological
enhancement to be incorporated in its CLUP.
SECTION 16. ROAD EASEMENT AND SETBACK REQUIREMENTS. This Code adopts
the provisions of PD 1096 known as the National Building Code of the
Philippines and its revised IRR, which governs road easement and
setback requirements for buildings and other structures.
Section 17. CLOSURE AND OPENING OF ROADS. Closure and opening of

local roads shall be governed by the pertinent provisions of RA 7160
otherwise known as the Local Government Code of 1991 and existing
local ordinances.
SECTION 18. SIGNAGES AND BILLBOARDS CONSTRUCTION. This Code likewise

adopts the provisions of Chapter 20 (Signs) of the National Building
Code of the Philippines (PD No. 1096) providing for the general
requirements, maintenance, design and construction, supports and
anchorages, projections and clearances, and lighting of all signs.
ARTICLE XI
ENVIRONMENTAL IMPACT ASSESSMENT
SECTION 1. SCOPE OF POWERS. The implementation of Environmental

Impact Assessment by the Local Government Unit refers to the powers,
duties, and functions of the Municipal Mayor to adopt adequate
measures to safeguard and conserve land, mineral, marine, forest and
other resources, as provided under Sections 444(b)(3)(vii),
455(b)(3)(vii), and 465(b)(3)(v) of RA 7160, respectively. All
projects/undertakings that shall be introduced and implemented within
the territorial jurisdiction of the Municipality are subject to the
Philippine Environmental Impact Statement (EIS) system pursuant to
Section 4 of PD 1151 “Philippine Environment Policy” and Section 2 of
PD 1586 “Establishing An EIS Including Other Environmental Management
Related Measures And For Other Purposes”, DAO 2003-30 – Implementing
Rules and Regulations of EIS, and related laws, rules and regulations.
EIS system covers projects and undertakings categorized per

Section 4 Article 2 of DAO 2003-30.
SECTION 2. MANAGEMENT DIRECTION. All projects/undertakings cannot

proceed without first complying with the requirements and
recommendations of the Municipal Government, and the Certificate of
Non-Coverage (CNC) or Environmental Compliance Certificate (ECC)
issued by the DENR.
Page 44 of 77
SECTION 3. OPERATING PRINCIPLES. The Municipal Government recognizes

the need for an effective instrument for ensuring environmental
soundness of agro-industrial and ecotourism projects thereby
maintaining a rational and orderly balance between economic growth and
community development in the Municipality and, as such, hereby adopts
the Environmental Impact Statement (EIS) System provided under
Presidential Decree No. 1586, its Implementing Rules and Regulations
(DAO 03- 30) and subsequent laws rules and regulations.
Specifically, the following basic processes for ensuring

environmental soundness of all development projects as identified
under PD 1586 are hereby adopted such as project screening, scoping,
EIA study and report preparation, EIA report review and evaluation,
decision-making, monitoring, validation and evaluation audit.
SECTION 4. PUBLIC HEARING/CONSULTATION REQUIREMENTS. The conduct of

public hearing/consultation as part of the EIS review for projects
specified in the Revised Procedural Manual for DAO 2003-30 shall be
mandatory in the Municipality of Malay. For all other undertakings, a
public hearing is not mandatory unless specifically required by the
Municipal Government.
Proponents should initiate public consultation early in order to

ensure that environmentally relevant concerns of stakeholders are
taken into consideration in the EIA study and the formulation of the
environmental management plan. All public consultations and public
hearings conducted during the EIA process are to be documented. The
public hearing/consultation process report shall be validated by the
MENRO, copy furnished the Sangguniang Bayan, and shall constitute part
of the records of the EIA process.
SECTION 5. MULTI-PARTITE MONITORING TEAM. The organization,

composition and operation of the Multi-partite Monitoring Team shall
be governed by the provisions of the Revised Procedural Manual for DAO
No. 2003-30. The proponents are required to establish an MMT and shall
put up an Environmental Monitoring Fund (EMF) not later than the
initial construction phase of the project.
SECTION 6. SELF-MONITORING AND THIRD PARTY AUDIT. The proponent shall

also conduct regular self-monitoring of specific parameters indicated
in the Environmental Management Plan through its environmental unit.
For projects with ECCs issued based on a PEPRMP, EPRMP, or an

EMS-based EMP, a third party audit may be undertaken by a qualified
environmental or EMS auditor upon the initiative of the proponent and
in lieu of forming an MMT. The said proponent shall submit to the LGU
a copy of the audit findings and shall be held accountable for the
veracity of the report. The Municipal Government may opt to validate
the said report.
SECTION 7. ENVIRONMENTAL GUARANTEE FUND. An Environmental Guarantee

Fund (EGF) shall be established for all co-located or single projects
that have been determined Municipal Government to pose a significant
public risk or where the project requires rehabilitation or
restoration. An EGF Committee shall be formed to manage the fund,
which shall be composed of representatives from the Municipal
Government, affected communities, and relevant government agencies
identified by Municipal Government.
An integrated MOA on the MMT-EMF-EGF shall be entered into among

the Municipal Government, the proponent, and representatives of
concerned stakeholders.
Page 45 of 77
SECTION 8. ABANDONMENT. For projects that shall no longer be

pursued, the proponent should inform the Local Government Unit to
relieve the former from the requirements for continued compliance with
the LGU. For projects that have already commenced implementation, an
abandonment/decommissioning plan shall be submitted for approval by
the Municipal Government, at least six (6) months before the planned
abandonment/decommissioning.
SECTION 9. LAW ENFORCEMENT. The Municipal Government, through the

Multipartite Monitoring Team, and in coordination with the DENR, may
work together to enforce the law, including the closure of the
establishments and projects and the prosecution of offenders.
ARTICLE XII
ENVIRONMENTAL HEALTH AND SANITATION
SECTION 1. PROTECTION & IMPROVEMENT OF WATER SUPPLY QUALITY.
1.1 WATER SUPPLY QUALITY MANAGEMENT. The quality of drinking water used
shall be in accordance with the Philippine National Standards for
Drinking Water. The examination of drinking water shall be
performed only in private or government laboratories duly
accredited by the Department of Health.
1.2 THE STANDARD PARAMETERS AND VALUES FOR DRINKING WATER required, roles of the
local health authority in maintaining safe and quality public
water supply system, and the creation of the multi-sectoral
monitoring group shall be governed by the provisions of PD 856
otherwise known as the Code on Sanitation of the Philippines.
SECTION 2. LOCAL DRINKING WATER QUALITY MONITORING COMMITTEE. This Code

adopts the composition at the municipal level and the functions of the
Local Drinking Water Quality Monitoring Committee prescribed in PD
856.
Section 3. WATER REFILLING STATIONS. The Municipal Government, in

collaboration with the DOH-BFAD, shall regulate all water refilling
stations or individuals engaged in selling water for commercial or
human consumption subject to regular monitoring of water sources.
SECTION 4. OTHER PROTECTIVE MEASURES. Monitoring of other water

sources, water products, treatment and disinfection of raw water by
the corresponding responsible agencies or persons shall be governed by
the provisions of PD 856.
SECTION 5. WATER SUPPLY AND SANITATION IN EMERGENCIES. The Municipal

Government shall formulate a sanitation policy and provide temporary
water supply and sanitation facilities during emergency situations to
prevent loss of life and spread of common and fecal diseases.
Section 6. COMPREHENSIVE RABIES PREVENTION AND CONTROL PROGRAM. The

Municipality, in collaboration with its Barangays, shall have a
comprehensive Municipal Rabies Control Program pursuant to the
National Rabies Prevention and Control Program mandated by RA 9482,
otherwise known as the Anti-Rabies Act, and to be implemented by a
multi-sectoral agency chaired by the Mayor whereby the Municipality
and Barangays shall establish their own Comprehensive Rabies
Prevention and Control Program and create their respective committees.
6.1 RABIES VACCINATION FOR CANINE AND FELINE. All dogs and cats ages three
(3) months and above must be vaccinated in designated centers as
mandated by RA 9482, known as Anti Rabies Act of 2007.
Page 46 of 77
6.2 DUTIES OF PET OWNERS. All pet owners shall have their dogs and cats
regularly vaccinated (annual) against rabies or as prescribed by
the veterinarian and maintain registration card, which shall
contain all vaccinations conducted on their pets.
6.3 ENFORCEMENT. It shall be the responsibility of the municipal

government to enforce this particular provision and promulgate
the necessary rules and regulations for its implementation.
6.4. PET OWNER’S LIABILITY. 6.4.1 The owner of a dog, cat, and other
domesticated animals which has bitten any person shall be held
responsible for the cost of the vaccine, treatment and dog
examination and other related expenses unless the bite was
inflicted by a restrained and registered dog or had occurred
within the owners premises, in which case the issue may be
settled by the owner and the bite victim.
6.4.1 The owner of a dog, cat, and other domesticated animals

which has bitten any person shall be held responsible for
the cost of the vaccine, treatment and dog examination and
other related expenses unless the bite was inflicted by a
restrained and registered dog or had occurred within the
owners premises, in which case the issue may be settled by
the owner and the bite victim.
6.4.2 The owner of a dog, cat, and other domesticated animals,

which had caused injury, damages, or loss of life in case
of traffic/road accidents will be held liable.
6.5. RESPONSIBILITIES OF THE LGU. Section 7 (10) of RA 9482 provides that

the Municipal Government shall appoint a veterinarian and
establish a veterinary office.
6.6. VACCINATION COST. The cost of vaccine shall be borne by the owner of
the dog, cat, and other domesticated animals, unless there are
mass anti-rabies vaccinations subsidized by the government.
6.7. IMPOUNDING AND DISPOSITION OF STRAY ANIMALS. Stray dogs and other
animals shall be impounded in the designated pounding area of the
LGU and properly disposed of, taking into consideration the
following guidelines:
a. Unregistered, stray or unvaccinated dogs shall be impounded

and kept in the LGU’s designated dog pound.
b. Impounded dogs not claimed after 3 days from the dog pound
shall be placed for adoption to qualified persons with the
assistance of animal welfare NGO, when feasible otherwise, it
shall be disposed of in any manner authorized, subject to
pertinent provisions of RA 8485.
6.7.1 IMPOUNDING FEE. The owner of the impounded dog shall be held
liable and required to pay an impounding fee prescribed
under enacted ordinance of the LGU.
6.7.2 VACCINATION FEE. Vaccination fee shall be determined by the

defined provision of enacted ordinance by the LGU.
6.7.3 REGISTRATION FEE. The amount of registration fee shall be

defined and determined in a provision of local ordinance
for this purpose.
6.8. STRAY ANIMALS. The LGU shall have a control over all stray animals
as maybe provided under a local ordinance enacted for this
purpose.
Page 47 of 77
6.9. ELIMINATION OF UNREGISTERED DOGS AND CATS. Unregistered dogs and cats
over four (4) months old shall be seized and humanely disposed of
under the supervision of a licensed veterinarian or the Municipal
Rabies Control Authority.
ARTICLE XIII
ECOTOURISM
SECTION 1. MANAGEMENT DIRECTION. The Municipal Government shall

formulate plans and programs with institutional mechanism for
sustainable community based ecotourism guided by environmentally sound
policies involving active participation of the stakeholders. This Code
hereby adopts the ecotourism principles, policies and objectives as
embodied under Executive Order No. 111, “Establishing the Guidelines
for Ecotourism Development in the Philippines dated June 17, 1999.”
SECTION 2. IDENTIFICATION, DESIGNATION AND CLASSIFICATION OF ECOTOURISM

SITES. The LGU shall identify, designate and classify ecotourism sites
within its jurisdiction and may consult with concerned government
agencies pursuant to existing standards, policies and laws.
SECTION 3. ECOTOURISM DEVELOPMENT PLAN. The LGU, through its Tourism

Council, shall formulate its respective ecotourism plans and programs
as an effective mechanism for ecotourism development patterned after
the national ecotourism strategies and pursuant to the provisions of
the Municipality’s Tourism Code.
SECTION 4. ECOTOURISM WITHIN PROTECTED AREAS (PAs). Protected areas

within the Municipality of Malay, which have potentials for ecotourism
purposes, shall be subject to inventory assessment and classification
pursuant to existing laws, rules and regulations.
SECTION 5. EDUCATION AND ADVOCACY. The Municipal Government shall

encourage public and private school authorities in their respective
jurisdiction to include in their prescribed environmental education
curriculum all information materials related to ecotourism sites,
projects and activities by way of brochures, posters, videos and
related devices.
It shall also encourage active participation of all other sectors

of the civil society and business, media, and the youth in education
and advocacy campaign activities pertaining ecotourism.
SECTION 6. SUPPORT PROGRAMS. In the establishment of an ecotourism

project particularly in the concerned localities, the LGU shall
provide support programs to ensure the project’s sustainability,
through capacity building, community organizing and other support
services (waste management, health/rescue services and disaster
management).
SECTION 7. ECOTOURISM FUND. Funding for ecotourism programs,

projects and activities shall be included in the fund sourcing and
disbursement mechanism provided for in the Tourism Code of Malay or,
whenever applicable, in the Tourism Code of Aklan, in a suppletory
manner.
SECTION 8. MONITORING AND EVALUATION. Monitoring and evaluation of

the social and economic impact of every ecotourism programs, projects
and activities in the Municipality shall be undertaken in accordance
with the specific provisions of the Tourism Code of Malay, and this
Code or whenever applicable, the Tourism Code of Aklan in a suppletory
manner.
Page 48 of 77
ARTICLE XIV
HERITAGE RESOURCES CONSERVATION, PRESERVATION,
DEVELOPMENT AND UTILIZATION
SECTION 1. POLICY DIRECTION. The Municipal Government shall

formulate and establish measures for maintaining and preserving its
rich heritage resources and traditions, which are essential in
developing tourism attractions.
SECTION 2. CLASSIFICATION OF ECOTOURISM HERITAGE RESOURCES. The Municipal

Government shall initiate the inventory and classification of
historical, archaeological sites, cultural, religious and culturally
sensitive areas in accordance with the provisions of Republic Act
8492, otherwise known as The National Museum Act of 1998 and relevant
Presidential Decrees, proclamations and Issuances.
SECTION 3. DEVELOPMENT AND PROMOTION. The LGU shall establish

programs for the development and promotion of its rich cultural
heritage resources and treasures.
SECTION 4. MALAY CULTURE, HERITAGE AND THE ARTS. The Municipal

Government of Malay shall encourage the public and private school
authorities in their respective areas of jurisdiction to include
subjects on Heritage Resources in their school curriculum.
ARTICLE XV
SUSTAINABLE ENERGY DEVELOPMENT
SECTION 1. POLICY DIRECTION. The Municipal Government shall

undertake an environment-friendly sustainable energy development
program in partnership with the private sector and other concerned
agencies through harnessing local energy sources such as solar, water,
wind, bio mass and other viable sources to mitigate climate change
brought about by global warming.
SECTION 2. ENERGY DEVELOPMENT PROGRAM. In line with the environmental

policies aimed at protecting the world from global warming and other
forms of ecological degradations, the local government unit shall:
a. Undertake a sustainable energy development program that encourages

the utilization of alternative and renewable sources of energy like
solar, wind, hydropower and bio-fuel.
b. Undertake strict regulatory and monitoring system in the

utilization of energy sources that have contributed to the
degradation of the environment (e.g., fossil fuels and coal).
c. Ensure implementation of environmental standards and policies.
SECTION 3. ENERGY ENHANCEMENT MEASURES. Consistent with the

development of a sustainable energy program, the Local Government Unit
shall adopt measures that include, but not limited to the following:
a. Give full support and incentives to investments and projects that

develop renewable and environment-friendly energy sources.
b. Conduct study and research and establish pilot projects on energy

sources.
c. Provide capability building activities for technical personnel and

other stakeholders in the development of sustainable energy.
Page 49 of 77
SECTION 4. SAFETY NETS. The Local Government Unit shall promulgate

measures to prevent or mitigate the adverse effects of energy
development to the environment. Among the areas of concern that may be
addressed may include, but not limited to the following:
a. Safeguard the health and safety of the community where an energy

plant or project is located.
b. Guarantee the rights of the indigenous people in the utilization of

their ancestral domain for energy development projects.
c. Protect the watersheds and its river system from degradation or

destruction caused by the construction of hydroelectric power
plants in the area.
SECTION 5. INFO-DISSEMINATION AND EDUCATION. Information dissemination

and education campaign on energy development projects shall be
intensified through the use of the tri-media facilities.
ARTICLE XVI
INDIGENOUS PEOPLE
SECTION 1. ATI MALAYNON. The Ati of Malay are recognized as the

Indigenous Peoples of Malay in accordance with applicable laws or RA
8371 of 1997 and provide due accreditation to their respective
organizations with the National Commission on Indigenous Peoples
(NCIP).
SECTION 2. PROTECTION OF ANCESTRAL DOMAIN AND THEIR NATURAL HABITAT. This

Code adopts Sections 7, 8, 9 and 58 of RA 8371, entitled Indigenous
Peoples Rights of 1997, in the protection of the ancestral domain of
indigenous peoples.
SECTION 3. PRESERVATION OF THE ICCS/IPS CULTURE, TRADITIONS AND ARTS.

Pursuant to Sec. 29 and 34 of RA 8371, the Local Government Unit of
Malay shall respect, recognize and protect the rights of the Malaynon
Ati to preserve and protect their culture and institutions.
3.1 RIGHTS TO RELIGIOUS, CULTURAL RITES AND CEREMONIES. The Malaynon Ati shall
have the right to manifest, practice, develop and teach their
spiritual and religious traditions, customs and ceremonies; the
right to maintain, protect and have access to their religious and
cultural sites; the right to use and control of ceremonial
objects; and the right to the repatriation of human remains.
Accordingly, the LGU shall take effective measures, in cooperation
with the ICCs/IPs concerned, to ensure that indigenous sacred
places including burial sites, be preserved, respected and
protected. To achieve this purpose, it shall be unlawful to:
a. explore, excavate or make diggings on archeological sites of

the ICCs/IPs for the purpose of obtaining materials of cultural
values without the free and prior consent of the community
concerned; and
b. deface, remove or otherwise destroy artifacts, which are of

great importance to the ICCs/IPs for the preservation of their
cultural heritage.
SECTION 4. EDUCATION ON RESOURCE CONSERVATION. The LGU, in coordination

with other national line agencies, shall conduct periodic trainings on
Resource Conservation for the Malaynon Ati pursuant to Sec. 9 of RA
8371.
Page 50 of 77
SECTION 5. PROVISION OF SKILLS TRAINING AND LIVELIHOOD OPPORTUNITIES. The

LGU, in coordination with other government agencies, NGOs, and POs,
shall provide skills training and livelihood opportunities for the
Malaynon Ati to minimize their dependence but yet sustain the natural
resources of their habitat.
ARTICLE XVII
PERMITS AND CHARGES
This Code provides that all permit issuances and imposition of

charges on Forest Resources, Land and Mineral Resources, Habitat and
Biodiversity Conservation, Watershed Management, Water Resources,
Coastal Zone Resources, Environmental Protection and Enhancement,
Cultural Heritage Preservation, Energy Development and Eco-tourism
shall be governed by the Municipal Ordinances, existing national laws,
ARTICLE XVIII
PENAL CLAUSE
All penal sanctions and/or civil liabilities including its mode

of prosecution and/or filing of complaints to proper judicial and
administrative bodies imposed by existing national laws and local
ordinances are hereby incorporated and adopted under this Code.
Violations and/or acts punishable under this ordinance not being
covered/penalized by existing national and local laws shall, upon
conviction, be punished by a fine of not less than One Thousand Pesos
(Php 1,000.00), but not more than Five Thousand Pesos (Php 5,000.00),
or an imprisonment of not less than one (1) month but not more than
six (6) months. Such fine or imprisonment, or both, shall be imposed
at the discretion of the proper judicial and/or administrative body.
ARTICLE XIX
FINAL PROVISIONS
SECTION 1. SEPARABILITY CLAUSE. Should any provision or part of this

code be declared unconstitutional or contrary to existing laws, the
remaining provisions shall be in full force and effect.
SECTION 2. REPEALING CLAUSE. All local ordinances and

promulgations, executive and administrative orders inconsistent with
this code are hereby effectively repealed.
SECTION 3. EFFECTIVITY CLAUSE. This code shall be effective Fifteen

(15) days after its publication in a newspaper of general circulation.
SECTION 4. IMPLEMENTING RULES AND REGULATIONS. One (1) month after the
effectivity of this Code, the Local Chief Executive shall cause the
preparation and issuance of its Implementing Rules and Regulations in
close consultation and coordination with concerned national and local
government agencies and offices.
KEYS TO THE PERTINENT LAWS (ORDINANCES) SPECIFIC TO ENVIRONMENTAL

CONCERNS
This section helps readers identify laws pertinent to their

specific concern (issue at hand). For example, if a businessman who
owns a resort near the coast complains about his neighbor polluting
his property, he could immediately find in this section all laws
Page 51 of 77
useful to strengthen his claim against the neighbor, in case the

matter is brought to court. Otherwise, he could just ‘enlighten’ his
neighbor that such policies exist for his information and guidance.
The issues given are those, which have been considered major forcing
factors affecting the integrity of Malay as a municipality.
ISSUE-ORIENTED KEY TO THE PERTINENT LAWS (ORDINANCES)
ISSUE: POLLUTION (CHEMICALS, GARBAGE AND NOISE)
PERTINENT ORDINANCES
Municipal Ordinance No. 2000-126 (Disallowing the Dry Docking/Jetty)

Municipal Ordinance No. 2000-132 (Activities Along the White Beach)
Municipal Ordinance No. 233, s. 2005 (Increasing Garbage Fee)
Municipal Ordinance No. 65, S. 1993 (Banning the Discharge/Toxic Acid)

Municipal Ordinance No. 193, S. 2003 (Mooring Areas for Vessels)
Municipal Ordinance No. 56, S. 1992 (Amending MO # 43, S. 1990-
Garbage Disposal)
Municipal Ordinance No. 72, S. 1994 (Prohibition of Throwing of Human
Waste)
Municipal Ordinance No. 84, S. 1995 (Requiring Owners to Clean their
Area)
Municipal Ordinance No. 86, S. 1995 (Cleaning of Rest/Comfort Rooms)
Municipal Ordinance No. 96-100 (Penalizing Certain Acts/Sanitation)
Municipal Ordinance No. 98-116 (Prohibition of Pissing & Defecating)
Municipal Ordinance No. 185, S. 2003 (Regulating Garbage Disposal)
Municipal Ordinance No. 188, S. 2003 (Requiring Res./Commercial
Bldg./Sewerage)
Municipal Ordinance No. 144, S. 2001 (Noise Sensitive Zone/Boracay
Island)
Municipal Ordinance No. 234, s. 2005 (Amending M.O.#144, S. 200-Noise
Sensitive Zone)
Municipal Ordinance No. 257, s. 2008 (Prohibiting Piggery and Poultry)
ISSUE: HABITAT CONVERSION/MODIFICATION
Municipal Ordinance No. 2000-126 (Disallowing the Dry Docking/Jetty)

Municipal Ordinance No. 198, S. 2003 (Installation of waterways,
swamps/lagoons)
Municipal Ordinance No. 215, S. 2004 (Installations of all cable
wires)
Municipal Ordinance No. 237, s. 2006 (Municipal Fishing w/in
territorial waters)
Municipal Ordinance No. 65, S. 1993 (Banning the Discharge/Toxic Acid)
Municipal Ordinance No. 2001-141 (Banning of collection of White Sand)
Page 52 of 77
Municipal Ordinance No. 64, S. 1993 (Banning the Use of Dynamite)

Municipal Ordinance No. 87, S. 1996 (Banning of Sodsod)
Municipal Ordinance No. 240, s. 2006 (Brgy. Sambiray as fish landing
area)
Municipal Ordinance No. 72, S. 1994 (Prohibition of Throwing of Human
Waste)
Municipal Ordinance No. 98-116 (Prohibition of Pissing & Defecating)
Bldg./Sewerage)
Municipal Ordinance No. 97, S. 1996 (Regulating Construction of All
Buildings)
Municipal Ordinance No. 99-120 (Regulating Installation of Towers)
Municipal Ordinance No. 2000-129 (Regulating Issuance of Bldg. Permit)
Municipal Ordinance No. 2000-131 (Amending MO # 96-97 – No Build Zone)
Municipal Ordinance No. 170, S. 2002 (Prescribing Limits of Fencing)
Municipal Ordinance No. 171, S. 2002 (Amending Sec.7 of MO#2000-129-
Bldg. Permit
Municipal Ordinance No. 98-118 (Regulating Issuance of Zoning
Clearance)
Municipal Ordinance No. 172, s. 2002 (Amending Sec.6, MO# 98-118-
Zoning Clearance)
Municipal Ordinance No. 228, s. 2005 (Amending M.O.#170, S. 2002-
Fencing/Landscaping)
Municipal Ordinance No. 246, s. 2007 (Regulating Sand Castle Making)
Municipal Ordinance No. 247, s. 2007 (Quarantine of All Planting
Materials)
Municipal Ordinance No. 262, s. 2008 (Entry & Presence of Migrants)
Municipal Ordinance No. 2641, s. 2008 (Establishing Simplified
Business Permit)
Municipal Ordinance No. 281, s. 2009 (Designating 20 Hectare Geo-
Marine Park)
ISSUE: INFRASTRUCTURE DEVELOPMENT

swamps/lagoons)
Buildings)
Page 53 of 77

Bldg. Permit)
Clearance)
Zoning Clearance)
ISSUE: RESOURCE OVEREXPLOITATION
Municipal Ordinance No. 97-110 (Operation of motorboats in long beach)

Municipal Ordinance No. 163, s. 2002 (Anchorage Fee for Motorboats)
Municipal Ordinance No. 99-123 (Motorboats/Island Hopping)
territorial waters)
Municipal Ordinance No. 97-102 (Banning the Use of SAGAP)
Municipal Ordinance No. 98-119 (Operation of Scuba Diving)
Municipal Ordinance No. 75, S. 1994 (Modifying MO# 48-B, S. 1991-
Compressor)
Municipal Ordinance No. 60, S. 1993 (Requiring Owners of Trawls)
Municipal Ordinance No. 2000-124 (Prohibition of Catching Fish)
Municipal Ordinance No. 74, S. 1994 (Regulating Cutting of Coconut
Trees)
Municipal Ordinance No. 2000-125 (Prohibiting Wildlife Hunting)
Municipal Ordinance No. 260, s. 2008 (Municipal Fisheries & Fishing
Vessels)
Marine Park)
ISSUE: CLIMATE CHANGE IMPACTS
Municipal Ordinance No. 189, S. 2003 (Operation of Paraw)

Municipal Ordinance No. 192, S. 2003 (Operation of Seacrafts/Eastern
Island)
Municipal Ordinance No. 97-112 ((Putting up Billboards)
Municipal Ordinance No. 191, S. 2003 (Installation of Windbreakers)
swamps/lagoons)

Buildings)
Page 54 of 77

Municipal Ordinance No. 256, s. 2008 (Operation of Boarding Houses &
Dormitories)
Vessels)
Municipal Ordinance No. 270, s. 2009 (Prohibiting Burning of Rice
Straws)
Municipal Ordinance No. 272, s. 2009 (Anti-Smoking)
ACTIVITY-OR CONDITION-ORIENTED KEY TO THE PERTINENT LAWS (ORDINANCES)
As in the issue-oriented key to the identification of the

pertinent laws, this section likewise helps the readers go directly to
those laws, but under the other environmental issues or conditions.
Hence, here we deal with ordinances regulating traffic, permitting,
sanitation and other concerns.
LAND AND SEA TRAFFIC ORDINANCES
A. LAND TRAFFIC
Municipal Ordinance No. 97-109 (Franchising of Tricycle)

Municipal Ordinance No. 2001-142 (Motorized Vehicles in Boracay
Is.)
Municipal Ordinance No. 152, S. 2002 (Tricycle Airport-Jetty/Tabon)
Municipal Ordinance No. 169, S. 2002 (Prohibition of Single
Motorcycles)
Municipal Ordinance No. 175, S. 2002 (Prohibition of Vending in
Public)
Municipal Ordinance No. 202, S. 2003(Operation of Tricycle in
Boracay Is.)
Municipal Ordinance No. 142, s. 2001 (Entry of Motorized Vehicles
in Boracay)
Municipal Ordinance No. 226, s. 2005 (Amending M.O.#202,s.2003–
Tricycles/Boracay)
Municipal Ordinance No. 227, s. 2005 (Amending M.O.#2001-142)
Municipal Ordinance No. 205, s. 2004(Additional Penalties of
M.O.#2001-142)
B. SEA TRAFFIC
Municipal Ordinance No. 2001-135 (Operation of Motorboats at

Caticlan)
Municipal Ordinance No. 157, S. 2002 (Motorboats in
Boracay/Mooring)
Municipal Ordinance No. 166, S. 2002 (Motorboats at Tabon Port -
Parking)
Municipal Ordinance No. 180, S. 2002 (Loading & Unloading
Motorboats/Boracay Is.)
Page 55 of 77
Municipal Ordinance No. 189, S. 2003 (Operation of Paraw)

Municipal Ordinance No. 192, S. 2003 (Operation of
Seacrafts/Eastern Island.)
Municipal Ordinance No. 194, S. 2003 (Amending Sec.1, M.O.# 157,
S.2002 – Mooring)
Municipal Ordinance No. 199, S. 2003 (Operation of water skis, jet
skis)
Municipal Ordinance No. 222, s. 2005 (Requiring seacrafts to post
slogans)
Municipal Ordinance No. 223, s. 2005 (Franchising of Motorized
bancas)
Municipal Ordinance No. 97-110 (Operation of motorboats in long
beach)
Municipal Ordinance No. 163, s. 2002 (Anchorage Fee for Motorboats)
Municipal Ordinance No. 99-123 (Motorboats/Island Hopping)
Municipal Ordinance No. 236, s. 2005 (Amending Sec.1, M.O.# 157,
S.2002 – Mooring)
Municipal Ordinance No. 350 s. 2015 (Operation of Stand-Up
Paddling)
ENVIRONMENTAL PRESERVATION AND PROTECTION ORDINANCES
A. REGULATED ACTIVITIES
Municipal Ordinance No. 81, S. 1995 (Prohibition of

Billboards/Angol Point.)
Municipal Ordinance No. 97-111 (Advertisement-Posters, Placards)
Municipal Ordinance No. 97-112 ((Putting up Billboards)
Municipal Ordinance No. 2000-126 (Disallowing the Dry
Docking/Jetty)
Municipal Ordinance No. 168, S. 2002 (Requiring Movie Outfits)
Municipal Ordinance No. 168-A, S. 2002 (Imposing Rentals
Fees/Movies)
Municipal Ordinance No. 181, S. 2002 (Regulating Activities of
Vendors/Peddlers)
Municipal Ordinance No. 183, S. 2003 (Regulating the Use of
Tables/Boracay Island)
Municipal Ordinance No. 191, S. 2003 (Installation of Windbreakers)
Municipal Ordinance No. 182, S. 2003 (Pet Dog Ownership)
Municipal Ordinance No. 92, s. 1996 (Stray dogs in Boracay Island)
swamps/lagoons)
Municipal Ordinance No. 203, S. 2003 (Mobile Photographers)
Municipal Ordinance No. 204, S. 2004 (Regulating hanging of
streamers)
Municipal Ordinance No. 209, S. 2004 (Prohibiting lighted
advertising signages)
Page 56 of 77
Municipal Ordinance No. 215, S. 2004 (Installations of all cable

wires)
Municipal Ordinance No. 164, S. 2002 (Operation of Tourist Guides)
Municipal Ordinance No. 221, s. 2005 (Securing Occupational Permit-
Food Handlers)
Municipal Ordinance No. 224, s. 2005 (Water Refilling Stations)
Municipal Ordinance No. 225, s. 2005 (Practice of Tattooing)
Municipal Ordinance No. 229, s. 2005 (Operation of saunas, spas)
Municipal Ordinance No. 212, s. 2004 (Restricting minors to loiter)
Municipal Ordinance No. 220, s. 2004 (Municipal Health Office
Rates)
Municipal Ordinance No. 156, s. 2002 (Prohibiting amusement
centers/minors)
Municipal Ordinance No. 160, s. 2002 (Prohibiting
prostitution/pandering)
Municipal Ordinance No. 230, s. 2005 (Environmental & Admission
Fee)
Municipal Ordinance No. 233, s. 2005 (Increasing Garbage Fee)
territorial waters)
Municipal Ordinance No. 239, s. 2006 (Tourists Registration at
Tourism Office)
Municipal Ordinance No. 241, s. 2006 (Amending M.O.# 220, S.2004 –
MHO)
Municipal Ordinance No. 208, s. 2004 (Accreditation of Event
Organizers)
Municipal Ordinance No. 353 s. 2016 (Registration of Foreign/Local
Visitors)
Municipal Ordinance No. 354 s. 2016 (Regulating the Proliferations
of Mendicancy)
B. MARINE PRESERVATION AND PROTECTION
Municipal Ordinance No. 65, S. 1993 (Banning the Discharge/Toxic

Acid)
Municipal Ordinance No. 97-102 (Banning the Use of SAGAP)
Municipal Ordinance No. 98-119 (Operation of Scuba Diving)
Municipal Ordinance No. 2001-139 (Fish Sanctuary)
Municipal Ordinance No. 2001-141 (Banning of collection of White
Sand)
Municipal Ordinance No. 162, S. 2002 (Designating Snorkeling Areas)
Municipal Ordinance No. 75, S. 1994 (Modifying MO# 48-B, S. 1991-
Compressor)
Municipal Ordinance No. 60, S. 1993 (Requiring Owners of Trawls)
Page 57 of 77
Municipal Ordinance No. 2000-124 (Prohibition of Catching Fish)

Municipal Ordinance No. 240, s. 2006 (Brgy. Sambiray as fish
landing area)
Vessel Reg.)
Municipal Ordinance No. 275, s. 2009 (Adopting R.A. No. 8550 –
Fisheries Code 1998)
Municipal Ordinance No. 281, s. 2009 (Designating 20-Hectares Geo-
Marine Park)
Municipal Ordinance No. 314, s. 2012 (Operation of Reefwalker or
Helmet Diving, as amended)
C. GARBAGE AND SANITATION
Municipal Ordinance No. 56, S. 1992 (Amending MO # 43, S. 1990-

Garbage Disposal)
Municipal Ordinance No. 72, S. 1994 (Prohibition of Throwing of
Human Waste)
Municipal Ordinance No. 84, S. 1995 (Requiring Owners to Clean
their Area)
Municipal Ordinance No. 86, S. 1995 (Cleaning of Rest/Comfort
Rooms)
Municipal Ordinance No. 96-100 (Penalizing Certain Acts/Sanitation)
Municipal Ordinance No. 98-116 (Prohibition of Pissing &
Defecating)
Bldg./Sewerage)
Municipal Ordinance No. 297, s. 2011 (Amending MO# 188, s. 2003)
Municipal Ordinance No. 307, s. 2012 (Amending MO# 297, s. 2011)
Municipal Ordinance No. 311, s. 2012 (Anti-Littering)
Municipal Ordinance No. 312, s. 2012 (Sanitation Code)
D. OTHERS
Municipal Ordinance No. 74, S. 1994 (Regulating Cutting of Coconut

Trees)
Municipal Ordinance No. 2000-125 (Prohibiting Wildlife Hunting)
Municipal Ordinance No. 144, S. 2001 (Noise Sensitive Zone/Boracay
Island)
Municipal Ordinance No. 234, s. 2005 (Amending M.O.#144, S. 200-
Noise Sensitive Zone)
Municipal Ordinance No. 216, s. of 2004 (Mun. Civil Registrar’s
Office Fees)
Municipal Ordinance No. 218, s. of 2004 (Retaining 10% Fire Fund)
Municipal Ordinance No. 247, s. 2007 (Quarantine of All Planting
Materials)
Page 58 of 77
Municipal Ordinance No. 319, s. 2012 (Prohibiting the Carrying of

Glass Bottles in the Beaches)
Municipal Ordinance No. 320, 2012 (Prohibiting the Use of Plastics)
Municipal Ordinance No. 331, s. 2013 (Fire Dancing Shows)
ZONING AND CONSTRUCTION ORDINANCES
Municipal Ordinance No. 90, S. 1996 (Regulating Construction of Humps)

Buildings)
Bldg. Permit)
Clearance)
Municipal Ordinance No. 2000-130 (The Zoning Ordinance)
Zoning Clearance)
Municipal Ordinance No. 17, s. 2002 (Amending Sec.10, Par. B & C, MO#
96-97)
Municipal Ordinance No. 206, S. 2004 (Fire Inspection Certificate from
MEO)
Municipal Ordinance No. 228, s. 2005 (Amending M.O.#170, S.2002-
Fencing/Landscaping)
Municipal Ordinance No. 232, s. 2005 (Amending M.O.#96, S.1997 –
Mezzanine/Attic)
Municipal Ordinance N. 219, s. 2004 (Amending Par. B, Sec. 7 of
M.O.#2000-131)
Municipal Ordinance No. 337, s. 2014 (Revised Zoning Ordinance)
Municipal Ordinance No. 339, s. 2014 (Prohibiting the Const. of
Basements in all Buildings in Boracay)
Municipal Ordinance No. 358, s. 2016 (SB Endorsement for all Building
Structures)
OTHERS. (ADDITIONAL FROM 2006 – PRESENT)
Municipal Ordinance No. 242, s. 2006 (Designating Municipal Plaza as

Freedom Park)
Municipal Ordinance No. 243, s. 2006 (Regulating ATV/Bug Car in
Boracay Is.)
Municipal Ordinance No. 244, s. 2007 (Prescribing Fees for Bidders)
Municipal Ordinance No. 245, s. 2007 (Granting Franchise/Operation of
Cockpit Arena)
Municipal Ordinance No. 246, s. 2007 (Regulating Sand Castle Making)
Page 59 of 77
Municipal Ordinance No. 248, s. 2007 (Changing Entrance Fee at Eco-

Park)
Municipal Ordinance No. 250, s. 2007 (Fixing the Annual Presumptive
Income Level)
Municipal Ordinance No. 251, s. 2007 (Compulsory PhilHealth
Membership)
Municipal Ordinance No. 252, s. 2007 (Submission of Listings of
Labor/Manpower)
Municipal Ordinance No. 253, s. 2007 (Submission of Staff Vacancy
Profile)
Municipal Ordinance No. 254, s. 2007 (Give Preference in the
Employment of Locals)
Municipal Ordinance No. 255, s. 2008 (Amending Par. c, Sec. 2 of M.O #
202, s. 2003)
Municipal Ordinance No. 256, s. 2008 (Operation of Boarding Houses &
Dormitories)
Municipal Ordinance No. 258, s. 2008 (Amending Sec. 2 & 4 of M.O.
2001-142)
Municipal Ordinance No. 259, s. 2008 (Registration Fees for
Illegitimate Child)
Vessels)
Municipal Ordinance No. 261, s. 2008 (Increasing Marriage Fees of
Foreigners)
Municipal Ordinance No. 262, s. 2008 (Entry & Presence of Migrants)
Municipal Ordinance No. 2641, s. 2008 (Establishing Simplified
Business Permit)
Municipal Ordinance No. 267, s. 2008 (Amending M.O. 2000-131 & M.O.
96-97)
Municipal Ordinance No. 269, s. 2009 (Fixing Rates of Fees for
Transport Vehicles)
Municipal Ordinance No. 270, s. 2009 (Prohibiting Burning of Rice
Straws)
Municipal Ordinance No. 271, s. 2009 (Amending M.O. 2001-139)
Municipal Ordinance No. 272, s. 2009 (Anti-Smoking)
Municipal Ordinance No. 275, s. 2009 (Adopting R.A. No. 8550)
Municipal Ordinance No. 276, s. 2009 (Amending M.O.# 144, s. 2001 –
Noise Sensitive)
Municipal Ordinance No. 277, s. 2009 (Citizen’s Charter)
Municipal Ordinance No. 279, s. 2009 (Revised Revenue Code- SEPARATE
SHEET)
Marine Park)
Municipal Ordinance No. 282, s. 2009 (Regulating Internet Café’)
Municipal Ordinance No. 284, s. 2010 (Establishing Barangay Special
Benefit)
Page 60 of 77
Municipal Ordinance No. 295, s. 2011 (Entering into Public-Private

Partnership)
Municipal Ordinance No. 299, s. 2011 (maternal and Neonatal Mortality)
Municipal Ordinance No. 301, s. 2011 (Bonafide Malaynons First Time
Job Seeker)
Municipal Ordinance No. 306, s. 2012 (Requiring CCTV)
Municipal Ordinance No. 321, s. 2013 (Slaughter House)
Municipal Ordinance No. 322, s. 2013 (Water Laboratory Charges)
Municipal Ordinance No. 325, s. 2013 (Transport and Display of Bamboo)
Municipal Ordinance No. 327, s. 2013 (Birthing Clinics)
Municipal Ordinance No. 329, s. 2013 (Tuberculosis Control Program)
Municipal Ordinance No. 333, s. 2014 (Forced Evacuation)
Municipal Ordinance No. 345, s. 2015 (Sale of Meat of Food Animals)
Municipal Ordinance No. 355, s. 2016 (Strengthening the Protection of
Children against Sexual Exploitation in Travel and Tourism)
Municipal Ordinance No. 356, s. 2016 (Granting Franchise to E-Trike)
Municipal Ordinance No. 362, s. 2017 (Regulating the Use of UAV’s)
Municipal Ordinance No. 367, s. 2017 (Regulating the Drinking of
Alcoholic Beverages in public places)
Municipal Ordinance No. 368, s. 2017 (Regulating Swimming Pool
Facilities)
Municipal Ordinance No. 369, s. 2017 (Regulating the use of pointed or
sharpened bamboo sticks)
Municipal Ordinance No. 371, s. 2017 (Regulating the Operation of
Security Agencies)
Municipal Ordinance No. 372, s. 2017 (Institutionalizing the “Gulayan
sa Barangay” Program)
Municipal Ordinance No. 373, s. 2017 (Regulating the imposition of
rates of water sports activities)
Page 61 of 77
ANNEXES
Page 62 of 77
ANNEX II: PHILIPPINE NATIONAL ENVIRONMENTAL LAWS
MALACAÑANG
M a n i l a
PRESIDENTIAL DECREE No. 1152
PHILIPPINE ENVIRONMENTAL CODE
WHEREAS, the broad spectrum of environment has become a matter of

vital concern to the government;
WHEREAS, the national leadership has taken a step towards this

direction by creating the National Environmental Protection Council
under Presidential Decree No. 1121;
WHEREAS, it is necessary that the creation of the Council be

implemented with the launching of a comprehensive program of
environmental protection and management;
WHEREAS, such a program can assume tangible and meaningful

significance only by establishing specific environment management
policies and prescribing environment quality standards in a Philippine
Environment Code:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic

of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:
SECTION 1. SHORT TITLE. This Decree shall be known and cited as the
"Philippine Environment Code."
TITLE I
AIR QUALITY MANAGEMENT
SECTION 2. PURPOSES. The purposes of this Title are:
(a) to achieve and maintain such levels of air quality as to protect

public health; and
(b) to prevent to the greatest extent practicable, injury and/or

damage to plant and animal life and property, and promote the
social and economic development of the country.
CHAPTER I
STANDARDS
SECTION 3. AMBIENT AIR QUALITY STANDARDS. There shall be established

ambient air quality standards, which shall prescribe the maximum
concentration of air pollutants permissible in the atmosphere
consistent with public health, safety and general welfare.
In the establishment of ambient air quality standards, factors

such as local atmospheric conditions, location and land use, and
available technology, shall be considered among others.
SECTION 4. NATIONAL EMISSION STANDARDS. There shall be established

national emission standards for new and existing stationary and mobile
sources of pollution which shall consider among others such factors as
type of industry, practicable control technology available, location
and land use, and the nature of pollutants emitted.
Page 63 of 77
SECTION 5. COMMUNITY NOISE STANDARDS. Appropriate standards for

community noise levels shall be established considering, among others,
location, zoning and land use classification.
SECTION 6. STANDARDS FOR NOISE-PRODUCING EQUIPMENT. There shall be

established a standard for noise producing equipment such as
construction equipment, transportation equipment, stationary engines,
and electrical or electronic equipment and such similar equipment or
contrivances. The standards shall set a limit on the acceptable level
of noise emitted from a given equipment for the protection of public
health and welfare, considering among others, the magnitude and
condition of use, the degree of noise reduction achievable through the
application of best available technology and the cost of compliance.
The Installation of any noise-producing equipment shall conform

to the requirements of Presidential Decree No. 1096 and other
applicable laws as well as their implementing rules and regulations.
SECTION 7. AIRCRAFT EMISSION AND SONIC BOOMS. Appropriate government

agencies shall encourage research studies on the harmful effects of
aircraft emissions in the environment in order to establish
permissible emission standards.
Research and studies shall also be undertaken to mitigate and/or

minimize the effects of sonic booms in the environment.
CHAPTER II
REGULATION AND ENFORCEMENT
SECTION 8. AIR QUALITY AND NOISE STANDARDS. The National Pollution

Control Commission in coordination with appropriate government
agencies shall be responsible for the enforcement of ambient air
quality emission and noise standards, including the monitoring and
surveillance of air pollutants, licensing and permitting of air
pollution control facilities, and the promulgation of appropriate
Existing air quality emission and noise standards may be revised

and/or modified consistent with new development and technology.
SECTION 9. AIRCRAFT NOISE. Community noise standards around

airports shall be implemented by the Civil Aeronautics Administration
in coordination with the National Pollution Control Commission.
SECTION 10. VEHICULAR EMISSIONS. The Land Transportation Commission,

in coordination with the National Pollution Control Commission, shall
implement emission standards for motor vehicles and may deputize other
appropriate law enforcement agencies for the purpose.
SECTION 11. RADIOACTIVE EMISSIONS. The release and emission of

radioactivity into the environment incident to the establishment or
possession of nuclear energy facilities and radioactive materials,
handling, transport, production, storage, use and disposal of
radioactive materials shall be regulated by the Philippine Atomic
Energy Commission in coordination with other appropriate government
agencies.
Page 64 of 77
CHAPTER III
MONITORING
SECTION 12. AIR QUALITY MONITORING. The National Pollution Control

Commission, in coordination with appropriate government agencies,
shall establish to the greatest extent practicable an air quality
monitoring network. Such air quality monitoring network shall put to
maximum use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished
with the results of air quality monitoring activities.
SECTION 13. WEATHER MODIFICATION. The Philippine Atmospheric,

Geophysical and Astronomical Services Administration shall monitor
regularly meteorological factors affecting environmental conditions in
order to effectively guide air pollution monitoring activities.
Activities relating to weather modification such as rainfall

stimulation and storm seeding experiments shall be undertaken in
consultation and/or in coordination with the Philippine Atmospheric,
Geophysical and Astronomical Service Administration.
TITLE II
WATER QUALITY MANAGEMENT
SECTION 14. PURPOSE. It is the purpose of this Title to prescribe

management guidelines aimed to protect and improve the quality of
Philippine water resources through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water
resources, and
(d) responsibilities for surveillance and mitigation of pollution
incidents.
CHAPTER I
CLASSIFICATION AND STANDARDS
SECTION 15. CLASSIFICATION OF PHILIPPINE WATERS. The National Pollution

Control Commission, in coordination with appropriate government
agencies, shall classify Philippine waters, according to their best
usage. In classifying said waters, the National Pollution Control
Commission shall take into account, among others, the following:
(a) the existing quality of the body of water at the time of

classification;
(b) the size, depth, surface area covered, volume, direction, rate of
flow, gradient of stream; and
(c) the most beneficial uses of said bodies of water and lands
bordering them for residential, agricultural, commercial,
industrial, navigational, recreational, and aesthetic purposes.
Page 65 of 77
SECTION 16. RECLASSIFICATION OF WATERS BASED ON INTENDED BENEFICIAL

USE. Where the public interest so requires, the National Pollution
Control Commission, in coordination with appropriate government
agencies, shall reclassify a body of water based on the intended
beneficial use and take such steps as may be necessary to upgrade the
quality of said water. Other government agencies may adopt higher
standards for a particular body of water, subject to the approval of
the National Pollution Control Commission.
SECTION 17. UPGRADING OF WATER QUALITY. Where the quality of water

has deteriorated to a degree where its state will adversely affect its
best usage, the government agencies concerned shall take such measures
as may be necessary to upgrade the quality of such water to meet the
prescribed water quality standards.
SECTION 18. WATER QUALITY STANDARDS. The National Pollution Control

Commission shall prescribe quality and effluent standards consistent
with the guidelines set by the National Environmental Protection
Council and the classification of waters prescribed in the preceding
sections, taking into consideration, among others, the following:
(a) the standard of water quality or purity may vary according to

beneficial uses; and
(b) the technology relating to water pollution control.
CHAPTER II
PROTECTION AND IMPROVEMENT OF WATER QUALITY
SECTION 19. ENFORCEMENT AND COORDINATION. The production, utilization,

storage and distribution of hazardous, toxic and other substances such
as radioactive materials, heavy metals, pesticides, fertilizers, and
oils, and the disposal, discharge and dumping of untreated wastewater,
mine tailings and other substances that may pollute any body of water
of the Philippines resulting from normal operations of industries,
water-borne sources, and other human activities as well as those
resulting from accidental spills and discharge shall be regulated by
appropriate government agencies pursuant to their respective charters
and enabling legislations. In the performance of the above functions,
the government agencies concern shall coordinate with the National
Environmental Protection Council and furnish the latter with such
information as may be necessary to enable it to attain its objectives
under Presidential Decree No. 1121.
SECTION 20. CLEAN-UP OPERATIONS. It shall be the responsibility of

the polluter to contain, remove and clean up water pollution incidents
at his own expense. In case of his failure to do so, the government
agencies concerned shall undertake containment, removal and cleanup
operations and expenses incurred in said operations shall be charged
against the persons and/or entities responsible for such pollution.
SECTION 21. WATER QUALITY MONITORING AND SURVEILLANCE. The various

government agencies concerned with environmental protection shall
establish to the greatest extent practicable a water quality
surveillance and monitoring network with sufficient stations and
sampling schedules to meet the needs of the country. Said water
quality surveillance network shall put to maximum use the capabilities
of such government agencies. Each agency involved in such network
shall report to the National Environmental Protection Council the
results of these monitoring activities as the need arises.
Page 66 of 77
TITLE III
LAND USE MANAGEMENT
SECTION 22. PURPOSE. The purposes of this Title are:
(a) to provide a rational, orderly and efficient acquisition,

utilization and disposition of land and its resources in order to
derive therefrom maximum benefits; and
(b) to encourage the prudent use and conservation of land resources in
order to prevent and imbalance between the nation's needs and
such resources.
SECTION 23. NATIONAL LAND USE SCHEME. The Human Settlements

Commission, in coordination with the appropriate agencies of the
government, shall formulate and recommend to the National
Environmental Protection Council a land use scheme consistent with the
purpose of this Title.
The Land Use Scheme shall include among others, the following:
(a) a science-based and technology-oriented land inventory and

classification system;
(b) a determination of present land uses, the extent to which they are
utilized, underutilized, rendered idle or abandoned;
(c) a comprehensive and accurate determination of the adaptability of

the land for community development, agriculture, industry,
commerce and other fields of endeavor;
(d) a method of identification of areas where uncontrolled development

could result in irreparable damage to important historic,
cultural, or aesthetic values, or natural systems or processes of
national significance;
(e) a method for exercising control by the appropriate government

agencies over the use of land in areas of critical environmental
concern and areas impacted by public facilities including, but not
limited to, airports, highways, bridges, ports and wharves,
buildings and other infrastructure projects;
(f) a method to ensure the consideration of regional development and

land use in local regulations;
(g) policy for influencing the location of new communities and methods
for assuring appropriate controls over the use of land around new
communities;
(h) a system of controls and regulations pertaining to areas and

development activities designed to ensure that any source of
pollution will not be located where it would result in a violation
of any applicable environmental pollution control regulations; and
(i) a recommended method for the periodic revisions and updating of

the national land use scheme to meet changing conditions.
SECTION 24. LOCATION OF INDUSTRIES. In the location of industries,

factories, plants, depots and similar industrial establishments, the
regulating or enforcing agencies of the government shall take into
consideration the social, economic, geographic and significant
environmental impact of said establishments.
Page 67 of 77
TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION
SECTION 25. PURPOSES. The purposes of this Title are:
(a) to provide the basic policy on the management and conservation of

the country's natural resources to obtain the optimum benefits
therefrom and to preserve the same for the future generations; and
(b) to provide general measures through which the aforesaid policy may
be carried out effectively.
CHAPTER I
FISHERIES AND AQUATIC RESOURCES
SECTION 26. MANAGEMENT POLICY. The National government, through the

Department of Natural Resources, shall establish a system of rational
exploitation of fisheries and aquatic resources within the Philippine
territory and shall encourage citizen participation therein to
maintain and/or enhance the optimum and continuous productivity of the
same.
SECTION 27. MEASURES FOR NATIONAL EXPLOITATION. Measures for the

national exploitation of fisheries and other aquatic resources may
include, but shall not be limited to, the following:
(a) undertaking manpower and expertise development;
(b) acquiring the necessary facilities and equipment;
(c) regulating the marketing of threatened species of fish or other

aquatic resources;
(d) reviewing all existing rules and regulations on the exploitation of

fisheries and aquatic resources with a view of formulating
guidelines for the systematic and effective enforcement thereof;
and
(e) conserving the vanishing species of fish and aquatic resources such
as turtles, sea snakes, crocodiles, corals, as well as maintaining
the mangrove areas, marshes and inland waters, coral reef-areas and
islands serving as sanctuaries for fish and other aquatic life.
CHAPTER II
WILDLIFE
SECTION 28. MANAGEMENT POLICY. The national government through the

Department of Natural Resources, shall establish a system of rational
exploitation and conservation of wildlife resources and shall
encourage citizen participation in the maintenance and/or enhancement
of their continuous productivity.
SECTION 29. MEASURES FOR RATIONAL EXPLOITATION. Measures for rational

exploitation of wildlife resources may include, but shall not be
limited to, the following:
(a) regulating the marketing of threatened wildlife resources.
Page 68 of 77
(b) reviewing all existing rules and regulations on the exploitation of

wildlife resources with a view of formulating guidelines for the
systematic and effective enforcement thereof; and
(c) conserving the threatened species of fauna, increasing their rate

of reproduction, maintaining their original habitat, habitat
manipulation, determining bag/creel limits, population control in
relation to the carrying capacity of any given area, banning of
indiscriminate and/or destructive means of catching or hunting
them.
CHAPTER III
FORESTRY AND SOIL CONSERVATION
SECTION 30. MANAGEMENT POLICY FOR FORESTRY. The national government,

through the Department of Natural Resources, shall undertake a system
of rational exploitation of forest resources and shall encourage
citizen participation therein to keep the country's forest resources
at maximum productivity at all time.
SECTION 31. MEASURES FOR RATIONAL EXPLOITATION OF FOREST

RESOURCES. Measures for the rational exploitation of forest resources
may include, but shall not be limited to, the following:
(a) regulating the marketing of threatened forest resources;
(b) reviewing all existing rules and regulations on the exploitation of

forest resources with a view of formulating guidelines for the
systematic and efficient enforcement thereof;
(c) conserving threatened species of flora as well as increasing their

rate of propagation; the banning of destructive modes of
exploitation, kaingin making or shifting cultivation,
indiscriminate harvesting of minor forest products the recycling
methods of waste materials, and
(d) carrying out a continuing effect on reforestation; timber stand

improvement; forest protection; land classification; forest
occupancy management; agri-silviculture; range management; agri-
silvicultural/kaingin management; industrial tree plantation; parks
and wildlife management; multiple use forest; timber management and
forest research.
SECTION 32. USE OF FERTILIZERS AND PESTICIDES. The use of fertilizers

and pesticides in agriculture shall be regulated prescribing therefore
a tolerance level in their use. Their use shall be monitored by
appropriate government agencies to provide empirical data for
effective regulation.
SECTION 33. MANAGEMENT POLICY ON SOIL CONSERVATION. The national

government, through the Department of Natural Resources and the
Department of Agriculture, shall likewise undertake a soil
conservation program including therein the identification and
protection of critical watershed areas, encouragement of scientific
farming techniques, physical and biological means of soil
conservation, and short-term and long-term researches and technology
for effective soil conservation.
Page 69 of 77
CHAPTER IV
FLOOD CONTROL AND NATURAL CALAMITIES
Section 34. MEASURES IN FLOOD CONTROL PROGRAM. In addition to the

pertinent provisions of existing laws, the following shall be included
in a soil erosion, sediment and flood control program;
(a) the control of soil erosion on the banks of rivers, the shores of
lakes, and the seashores;
(b) the control of flow and flooding in and from rivers and lakes;
(c) the conservation of water which, for purposes of this Section

shall mean forms of water, but shall not include captive water;
(d) the needs of fisheries and wildlife and all other recreational
uses of natural water;
(e) measures to control the damming, diversion, taking, and use of

natural water, so far as any such act may affect the quality and
availability of natural water for other purposes; and
(f) measures to stimulate research in matters relating to natural

water and soil conservation and the application of knowledge
thereby acquired.
SECTION 35. MEASURES TO MITIGATE DESTRUCTIVE EFFECTS OF CALAMITIES. The

national government, through the Philippine Atmospheric, Geophysical
and Astronomical Services Administration, shall promote intensified
and concerted research efforts on weather modification, typhoon,
earthquake, tsunami, storm surge, and other tropical natural phenomena
in order to bring about any significant effect to mitigate or prevent
their destructive effects.
CHAPTER V
ENERGY DEVELOPMENT
SECTION 36. POLICY. Consistent with the environmental protection

policies, the national government, through the Energy Development
Board, shall undertake an energy development program encouraging the
utilization of invariant sources such as solar, wind and tidal energy.
SECTION 37. MEASURES FOR ENERGY DEVELOPMENT. Measures for energy

development program may include, but shall not be limited to, the
following:
(a) setting up of pilot plants utilizing invariant sources of energy;
(b) training of technical personnel for purposes of energy

development; and
(c) conducting researches aimed at developing technology for energy

development.
SECTION 38. SAFETY MEASURES ON ENERGY DEVELOPMENT. Rules and

regulations shall be promulgated to prevent or mitigate the adverse
effects of energy development on the environment. For this purpose,
all nuclear powered plants exploring and utilizing geothermal energy,
whether owned or controlled by private or government entities shall:
(a) observe internationally accepted standards of safety; and
Page 70 of 77
(b) provide safety devices to ensure the health and welfare of their
personnel as well as the surrounding community.
CHAPTER VI
CONSERVATION AND UTILIZATION OF SURFACE AND GROUND WATERS
SECTION 39. MANAGEMENT POLICY. In addition to existing laws, the

national government through the National Water Resources Council in
coordination with other appropriate government agencies, shall
prescribe measures for the conservation and improvement of the quality
of Philippine water resources and provide for the prevention, control
and abatement of water pollution.
CHAPTER VII
MINERAL RESOURCES
SECTION 40. MANAGEMENT POLICY. The national government, through the

Department of Natural Resources, shall undertake a system of gainful
exploitation and rational and efficient utilization of mineral
resources and shall encourage citizen participation in this endeavor.
SECTION 41. MEASURES FOR EXPLOITATION AND UTILIZATION OF MINERAL

RESOURCES. Measures for the gainful exploitation and rational and
efficient utilization of such mineral resources may include, but shall
not be limited to the following:
(a) increasing research and development in mineral resources

technology;
(b) training of additional technical manpower needed in geology,

geophysics, mining engineering, and related fields;
(c) regulating the exploitation of identified mineral reserves;
(d) accelerating the exploration of undiscovered mineral deposits; and
(e) encouraging the establishment of processing plants for refined

metals.
TITLE V
WASTE MANAGEMENT
SECTION 42. PURPOSE. The purposes of this Title are:
(a) to set guidelines for waste management with a view to ensuring its
effectiveness;
(b) to encourage, promote and stimulate technological, educational

economic and social efforts to prevent environmental damage and
unnecessary loss of valuable resources of the nation through
recovery, recycling and re-use of wastes and waste products; and
(c) to provide measures to guide and encourage appropriate government

agencies in establishing sound, efficient, comprehensive and
effective waste management.
Page 71 of 77
CHAPTER I
ENFORCEMENT AND GUIDELINES
SECTION 43. WASTE MANAGEMENT PROGRAMS. Preparation and implementation

of waste management program shall be required of the Municipal
Government. The Department of Local Government and Community
Development shall promulgate guidelines for the formulation and
establishment of waste management programs.
Every waste management program shall include the following:
(a) an orderly system of operation consistent with the needs of the

area concerned;
(b) a provision that the operation will not create pollution of any
kind or will constitute public nuisance;
(c) a system for a safe and sanitary disposal of waste;
(d) a provision that existing plans affecting the development, use and
protection of air, water or natural resources shall be considered;
(e) schedules and methods of implementing the development,

construction and operation of the plan together with the estimated
costs; and
(f) a provision for the periodic revision of the program to ensure its
effective implementation.
SECTION 44. RESPONSIBILITY OF THE LOCAL GOVERNMENT UNIT. The Municipality

shall provide measures to facilitate the collection, transportation,
processing and disposal of waste within its jurisdiction in
coordination with other government agencies concerned. For this
purpose, the Municipal Government may request the national government
to provide the necessary subsidy, and subject to such terms and
conditions as the latter may provide.
CHAPTER II
METHODS OF SOLID WASTE DISPOSAL
SECTION 45. SOLID WASTE DISPOSAL. Solid Waste disposal shall be by

sanitary landfill, incineration, composing, and other methods as may
be approved by competent government authority.
SECTION 46. SANITARY LANDFILLS. Local governments, including private

individuals, corporations or organizations may operate one or more
sanitary landfills. Any entity proposing to operate a sanitary
landfill shall submit to the appropriate government agency an
operational work plan showing, among other things, a map of the
proposed work location, disposal areas for rubbish, garbage, refuse
and other waste matter; and the equipment or machinery needed to
accomplish its operations. In no case shall landfill or work locations
under this Section be located along any shore or coastline, or along
the banks of rivers and streams. lakes throughout their entire length,
in violation of any existing rules and regulations.
Page 72 of 77
SECTION 47. INCINERATION AND COMPOSTING PLANTS. The installation and

establishment of incineration or composting plants, or the
alteration/modification of any part thereof shall be regulated by the
local governments concerned in coordination with the National
Pollution Control Commission.
SECTION 48. DISPOSAL SITES. The location of solid waste disposal

sites shall conform with existing zoning; land use standards, and
pollution control regulations.
SECTION 49. DUMPING INTO THE SEA AND OTHER NAVIGABLE WATERS. The dumping
or disposal of solid wastes into the sea and any body of water in the
Philippines, including shorelines and river banks, where these wastes
are likely to be washed into the water is prohibited. However, dumping
of solid wastes or other materials into the sea or any navigable
waters shall be permitted in case of immediate or imminent danger to
life and property, subject to the rules and regulations of the
Philippine Coast Guard and the National Pollution Control Commission.
Government agencies and private entities which are undertaking

solid waste management programs shall make consultations with the
government agencies concerned with respect to the effects of such
dumping to the marine environment and navigation.
CHAPTER III
METHODS OF LIQUID WASTE DISPOSAL
SECTION 50. LIQUID WASTE DISPOSAL. Wastewater from manufacturing

plants, industries, community, or domestic sources shall be treated
either physically, biologically or chemically prior to disposal in
accordance with the rules and regulations promulgated by proper
government authority.
SECTION 51. APPLICABILITY OF SEC. 8. The provisions of Sec. 8 hereof

shall likewise apply to the dumping or disposal of liquid waste into
the sea and other bodies of water.
TITLE VI
MISCELLANEOUS PROVISIONS
SECTION 52. POPULATION-ENVIRONMENT BALANCE. In the assessment of

development projects, the National Environmental Protection Council,
hereinafter referred to in this Title as the "Council" shall take into
consideration their effect on population with a view to achieving a
rational and orderly balance between man and his environment.
SECTION 53. ENVIRONMENTAL EDUCATION. The Department of Education and

Culture shall integrate subjects on environmental education in its
school curricula at all levels. It shall also endeavor to conduct
special community education emphasizing the relationship of man and
nature as well as environmental sanitation and practices.
The Council and other government agencies implementing

environmental protection laws in coordination with public information
agencies of the government shall undertake public information
activities for the purpose of stimulating awareness and encouraging
involvement in environmental protection.
Page 73 of 77
SECTION 54. ENVIRONMENTAL RESEARCH. The Council shall undertake

and/or promote continuing studies and research programs on
environmental management and shall, from time to time, determine
priority areas of environmental research.
SECTION 55. MONITORING AND DISSEMINATION OF ENVIRONMENTAL INFORMATION OF

FOREIGN ORIGIN. The Council shall keep itself informed of current
environmental developments by obtaining information and literature
from foreign sources through the Department of Foreign Affairs,
government agencies and other entities, both domestic and foreign.
Such information and literature shall be given the widest
dissemination possible.
SECTION 56. INCENTIVES. To operate the installation and the

utilization of pollution control facilities, the following incentives
are hereby granted:
(a) exemption to the extent of fifty (50) per cent of tariff duties
and compensating tax for the importation of pollution control
equipment, devices, spare parts and accessories for a period of
five (5) years from the effectivity of this Decree subject to the
conditions that will be imposed by the Council.
(b) a tax credit equivalent to fifty (50) per cent of the value of the
compensating tax and tariff duties that would have been paid on
the pollution control equipment, devices, spare parts and
accessories had these items been imported shall, within a period
of seven (7) years from the effectivity of this Decree be given to
the person or firm who or which purchases them from a domestic
manufacturer, and another tax credit equivalent to twenty-five
(25) per cent thereof shall be given to the said manufacturer
subject to such conditions as may be imposed by the Council; and
(c) deductions equivalent to fifty (50) per cent of the expenses

actually incurred on research projects undertaken to develop
technologies for the manufacture of pollution control equipment
which have been proven effective and commercially reproducible,
from the taxable income of the person or firm actually undertaking
such projects subject to the conditions that may be imposed by the
Council.
The pollution control equipment, devices, spare parts and

accessories acquired under this Section shall not be sold, transferred
or disposed of within five (5) years from the date of acquisition
without the prior approval of the Council otherwise the importer or
purchaser shall pay twice the amount of the tax exemption or tax
credit granted.
SECTION 57. FINANCIAL ASSISTANCE/GRANT. Financial assistance/grant

for the study, design and construction of environmental protection
facilities especially for waste disposal in favor of cities,
municipalities, small and medium-scale industries may be granted on a
case to case basis subject to such conditions as may be imposed by the
Council.
SECTION 58. PARTICIPATION OF THE LOCAL GOVERNMENT UNIT AND PRIVATE

INDIVIDUALS. It shall be the responsibility of the LGU as well as
private individuals to actively participate in the environmental
management and protection programs of the government.
Page 74 of 77
SECTION 59. PRESERVATION OF HISTORIC AND CULTURAL RESOURCES AND

HERITAGE. It shall be the duty of every person to help preserve the
historic and cultural resources of the country such as sites,
structures, artifacts, documents, objects, memorials and priceless
trees.
SECTION 60. GOVERNMENT OFFICES PERFORMING ENVIRONMENTAL PROTECTION

FUNCTIONS. Government agencies vested by law to exercise environmental
management powers, shall continue to function as such within their
respective jurisdictions. The Council may, however, in the exercise of
its powers and functions under Presidential Decree No. 1121, inquire
into any action or issue of environmental significance.
SECTION 61. PUBLIC HEARINGS. The Council may, whenever it deems

necessary, conduct public hearings on issues of environmental
significance.
SECTION 62. DEFINITION OF TERMS. As used in this Code:
(a) "AMBIENT AIR QUALITY" means 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.
(b) "EMISSION" means the act of passing into the atmosphere an air
contaminant, pollutant, gas stream and unwanted sound from a known
source.
(c) "WATER QUALITY" means the characteristics of water which define its
use in terms of physical, chemical and biological contents; hence
the quality of water for domestic use is different from industrial
use.
(d) "WATER QUALITY SURVEILLANCE" means a close and continuous supervision

of the water quality to detect development movements or changes in
the characteristics of the water.
(e) "WATER QUALITY STANDARD" means a plan that is established by

governmental authority as a program for water pollution prevention
and abatement. Such a standard may include water use
classification and the criteria to support the uses of the water.
(f) "EFFLUENT STANDARDS" means restrictions established to limit levels

of concentration of physical, chemical and biological
constituents, which are discharged from point sources.
(g) "CLEAN-UP OPERATIONS" refers to activities conducted in removing the

pollutants discharged or spilled in water to restore it to pre-
spill condition.
(h) "ACCIDENTAL SPILLS" refers to spills of oil or other hazardous

substances in water that result from accidents involving the
carriers of such substance such as collisions and grounding.
(i) "AREAS OF CRITICAL ENVIRONMENTAL CONCERN" are areas where uncontrolled

development could result in irreparable damage to important
historic, cultural, or aesthetic values or natural systems or
processes of national significance.
(j) "HAZARDOUS SUBSTANCES" means elements or compounds which when

discharged in any quantity present imminent or substantial danger
to public health and welfare.
Page 75 of 77
(k) "AREAS IMPACTED BY PUBLIC FACILITIES" refers to areas where the

introduction of public facilities may tend to induce development
and urbanization of more than local significance or impact.
(l) "ENVIRONMENTAL IMPACT" is the alteration, to any degree, of

environmental conditions or the creation of a new set of
environmental conditions, adverse or beneficial, to be induced or
caused by a proposed project.
(m) "GOVERNMENT AGENCIES" refers to national, local and regional agencies

and instrumentalities including government-owned and controlled
corporations.
TITLE VII
FINAL PROVISIONS
SECTION 63. SEPARABILITY OF PROVISIONS. If any provision of this

Code, or the application of such provisions to any person or
circumstance, was declared unconstitutional, the remainder of the Code
or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
SECTION 64. EFFECTIVITY. This Code shall take effect upon its
approval.
Done in the City of Manila, this 6th day of June in the year of
Our Lord, nineteen hundred and seventy-seven.
TITLES OF NATIONAL LEGISLATIONS CITED IN THE CODE:
1. RA 7160 - The Local Government Code of 1991

2. Implementing Rules and Regulations of RA 7160
3. RA 6969 - Known as the Toxic Substances, Hazardous and Nuclear
Waste Control Act of 1990
4. RA 7586 – National Integrated Protected Areas System Act of 1992
5. RA #8435– Agriculture and Fishery Modernization Act
6. RA # 8550- The Philippine Fisheries Code of 1998
7. RA # 8749 - The Philippine Clean Air Act of 1999
8. DAO No. 81-2000: Implementing Rules and Regulations of RA 8749
9. DAO # 34 - Revised Water Usage and Classification/Water Quality
Criteria Amending Section Nos 68 & 69, NPCC Rules and Regulations
10. RA # 9003 – The Ecological Solid Waste Management Act of 2000
11. RA # 9275 - The Philippine Clean Water Act of 2004
12. PD 979 amending PD 600- Marine Pollution Control Law
13. PD 198 - Provincial Water Utilities Act of 1973
14. PD 856 - The code of Sanitation of the Philippines
15. PD 984 - Pollution Control Law
16. PD 1067 - Water code of the Philippines
17. PD 1151 - Philippine Environmental Policy of 1977
18. PD 1586 - Environmental Impact Statement System of the Philippines
Page 76 of 77
19. EO No. 111 - Establishing the Guidelines for Ecotourism

Development in the Philippines
20. DAO No. 35, Series of 1990 - Revised Effluent Regulation of 1990,
Revising and Amending the Effluent Regulations of 1982
21. DOH DAO # 18-1993 - Standards of Quality and Requirements for the
Processing, Packaging and Labelling of Bottled Drinking Water
22. EO No. 117 S-1993 - Establishes the Inter Agency Task Force for
Coastal Environment
23. Revised Procedural Manual for DENR Administrative Order No.30
series of 2003 (DAO 03-30) (Implementing Rules and Regulation of
Presidential Decree No. 1586)
24. DAO 2005-10-Implementing Rules and Regulations of Philippine Clean
Water Act of 2004(Republic Act 9275)
ENACTED. SEPTEMBER 12, 2017.
APPROVED. FEBRUARY 6, 2018.
APPROVED. SP RESOLUTION NO. 2018-1042, dtd. 10-8-2018

X X X
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CERTIFIED COPY:
(SGD:)CONCORDIA S. ALCANTARA
Secretary to the Sangguniang Bayan
(12/12/2022)
Page 77 of 77

Malay Municipal Ordinance No. 376, S. 2018 (Environment Code)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Malay Municipal Ordinance No. 376, S. 2018 (Environment Code)

Uploaded by

Copyright:

Available Formats

Republic of the Philippines Province of Aklan

Office of the Sangguniang Bayan

EXCERPT FROM THE MINUTES OF THE 5TH REGULAR SESSION OF THE

MUNICIPAL ORDINANCE NO. 376

AN ORDINANCE ENACTING THE ENVIRONMENT CODE OF THE

THE ENVIRONMENT CODE AS A NATIONAL POLICY

Defined in Presidential Decree No. 1152, the Philippine

1. To manage these natural resources in order to obtain maximum

2. To conserve these natural resources for the future generations.

The Environment Code of the Municipality of Malay 2017 (the

pursue actions and do business in the future. This reality a big

STATUS AND TRENDS OF THE PHILIPPINE ENVIRONMENT

1. THE OVERALL CONDITION OF THE PHILIPPINE COASTAL ENVIRONMENT IS POOR TO FAIR.

2. PHILIPPINE STATE OF KNOWLEDGE AND ITS USEFULNESS IN THE SUSTAINABLE DEVELOPMENT OF

3. PHILIPPINE DECISION MAKERS AND SCIENTISTS HAVE ONLY A RUDIMENTARY UNDERSTANDING OF

4. WHAT IS NEEDED IS A STRONG EFFECTIVE PROMOTION OF A FUNCTIONAL AND LOCALLY

An archipelagic and maritime nation, the Philippines (130 00’

The prevailing climate is tropical marine, with the northeast

Natural hazards characterize the Philippines (the ‘disaster

THE OCEAN HEALTH INDEX FOR THE PHILIPPINES

Introduced by 34 scientists, ecologists, oceanographers and

THE MAJOR ISSUES

The usefulness of the Ocean Health Index resides in the challenge

1. UNSUSTAINABLE FISHING. Coming home with meager catches after hours of

The World Wildlife Fund (WWF 2004) gives an excerpt from

2. COASTAL INFRASTRUCTURE DEVELOPMENT. Construction of resorts and

3. DEFORESTATION. Deforestation has been going on for decades in the

4. LAND-BASED POLLUTION. Water pollution has consistently been a growing

THE ROOT OF THE ISSUES

The above issues affecting the coastal and marine environments

STATUS AND TRENDS OF THE ENVIRONMENT OF MALAY

The Municipality of Malay comprises 17 barangays. It has a very

Fig. 3. Causal chain Analysis of the major issues in Boracay Island,

THE ENVIRONMENT CODE OF THE MUNICIPALITY OF MALAY

CONTRIBUTING FACTORS AND PROCESSES

In the Philippines, development goals are influenced at all

Despite these odds, the LGU of Malay was keen in formulating an

Sectoral consultations with local, regional and national interest

STRUCTURE OF THE ENVIRONMENT CODE OF MALAY

The Environment Code of the Municipality of Malay is largely

The Code is structured so as to facilitate understanding and ease

ARTICLES AND SECTIONS

SECTION 1. TITLE AND DEFINITION. This ordinance shall be known as

SECTION 2. AUTHORITY. The enactment of this Code is pursuant to

SECTION 3. DECLARATION OF POLICY. The ultimate goal of the Municipal

SECTION 4. BASIC PRINCIPLES AND FRAMEWORK OF ACTION. The main concern

The Eight Environmental Principles that follow serve as guides

1. PRINCIPLE OF CONSERVATION OF BIOLOGICAL DIVERSITY AND ECOLOGICAL INTEGRITY.

2. PRINCIPLE OF VALUATION AND THE “POLLUTER PAYS PRINCIPLE”. This principle

4. PRECAUTIONARY PRINCIPLE. The following courses of action will guide the

a. Implement reasonable actions to prevent pollution of air, water,

b. Use the municipality’s natural resources in a wise and efficient

c. Use energy as efficiently as possible during the generation,

d. Maintain an adequate level of emergency preparedness in order to

e. Recover, reduce, reuse and recycle waste materials whenever

f. Use the best available knowledge it can muster to prevent,

5. PRINCIPLE OF CONTINUOUS IMPROVEMENT. The following policies or courses of

a. Audit facilities to assess potential environmental risks and to

b. Establish environmental objectives and targets, and monitor

c. Integrate environmental considerations into decision-making

d. Empower all Malaynons to be responsible for the environmental

e. Make Malay a place where businesses are encouraged to make

6. PRINCIPLE OF COMPLIANCE. The following courses of action may serve the