Republic of the Philippines

PROVINCE OF PALAWAN
Provincial Legal Office
3F RVM, Jr. Memorial Building
Capitol Compound, Puerto Princesa City

1st Endorsement
PLC No. SP2018-050
March 12, 2018

Respectfully returned to MS. CHONA S. CARLOS, Board Secretary V, Assistant Department

Head of Operations, Office of the Sangguniang Panlalawigan, the herein Municipal Ordinance
No. 2017-784 of the Sangguniang Bayan of Narra, Palawan entitled, “AN ORDINANCE
STRICTLY IMPLEMENTING THE IDENTIFICATION, DELINEATION, AND
DECLARATION OF WATERSHED AREAS IN THE MUNICIPALITY OF NARRA,
PROVINCE OF PALAWAN FOR THE RESTORATION, PROTECTION,
CONSERVATION AND SUSTAINABLE MANAGEMENT OF PRIMARY SOURCES
OF WATER FOR VARIOUS PUBLIC CONSUMPTION AND PROVIDING
RESTRAINING MECHANISMS FOR INAPPROPRIATE FOREST EXPLOITATION
AND DISRUPTIVE LAND USE, FOR THE WELFARE OF FUTURE GENERATION OF
NARRANONS”, with the following comments to wit:

The subject ordinance adopts and complements with the existing Provincial Ordinance authored
by Hon. Rolando E. Bonoan, Jr., entitled, “AN ORDINANCE STRICTLY IMPLEMENTING THE
IDENTIFICATION, DELINEATION, AND DECLARATION OF WATERSHEDS IN THE
PROVINCE OF PALAWAN FOR THE PROTECTION AND CONSERVATION OF PRIMARY
SOURCES OF WATER FOR VARIOUS PUBLIC CONSUMPTION AND PROVIDING
RESTRAINING MECHANISMS FOR INAPPROPRIATE FOREST EXPLOITATION AND
DISRUPTIVE LAND USE, FOR THE WELFARE OF FUTURE GENERATION OF
PALAWEÑOS”. Hence, it enjoys the presumption of regularity and validity.

Section 4 of Executive Order No. 192, series of 1987, provides that the Department of
Environment and Natural Resources (DENR) is the primary agency responsible for the
conservation, management, development and proper use of natural resources including watershed
areas. It provides, viz:

“SECTION 4. Mandate. The Department shall be the primary government agency

responsible for the conservation, management, development and proper use of the
country’s environment and natural resources, specifically forest and grazing lands,
mineral resources, including those in reservation and watershed areas, and lands of the
public domain, as well as the licensing and regulation of all natural resources as may
be provided for by law in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of Filipinos.

However, under Section 3 (3.1) (c) of DAO No. 30, series of 1992, local government units, by
devolution of powers, have the power to manage, protect, rehabilitate and maintain watershed
areas, viz:

“Sec. 3 Devolved Functions, Programs and Projects- xxx, the following functions,

programs and projects of the DENR are hereby devolved to the concerned LGUs; xxx

(c) Management, protection, rehabilitation, and maintenance of small

watershed areas which are sources of local water supply as identified or to be
identified by the DENR;”

Likewise, the same powers are expressly provided under Section 447 (a) of RA 7160 otherwise
known as the Local Government Code of 1991, the Sangguniang Bayan is mandated to ensure
the delivery of basic services including the subject matter of the proposed ordinance, it provides:

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 “Section 447. Powers, Duties, Functions and Compensation– (a)
Thesangguniangbayan, as the legislative body of the municipality, x xx shall:

(5) Approve ordinances which shall ensure the efficient and effective
delivery of basic services and facilities as provided for under Section 17
of this Code, and in addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection, and conservation of

communal forests and watersheds, tree parks, green belts, mangroves, and other
similar forest development projects;
x xx
(vii) Subject to existing laws, provide for the establishment, operation, maintenance,
and repair of an efficient waterworks system to supply water for the inhabitants;
regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns
and reservoirs; protect the purity and quantity of the water supply of the municipality
and, for this purpose, extend the coverage of appropriate ordinances over all territory
within the drainage area of said water supply and within one hundred (100) meters of
the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in
connection with the water service and regulate the consumption, use or wastage of
water;”

Section 8.5.1 of the DENR-DILG Joint Memorandum Circular No. 98-01 in providing for the
MANUAL OF PROCEDURES FOR DENR-DILG-LGU PARTNERSHIP ON DEVOLVED
AND OTHER FOREST MANAGEMENT FUNCTIONS, it provides, viz:

8.5 Establishment and Management of Community Watershed Areas

8.5.1 Identification and Establishment of Community Watersheds Pursuant to Sec. 447

(a) (5) (i) of RA 7160 mandating the Sangguniang Bayan to provide for the
establishment, maintenance, protection an conservation of watersheds in their
respective areas as sources of water supply for specific communities, the following
guidelines shall be followed:

(a) DENR, through its CENRO, together with the city/municipal LGU shall
identify potential watershed areas in the city or municipal territorial
jurisdiction that can be sources of water supply for specific communities:

(b) Community Watershed Areas to be established shall be identified through

a forest land use planning to be undertaken jointly by the DENR and the
concerned LGU. The Forest land use plan shall indicate, among others, the
site and location of the Community watershed;

(c) Once the forest land use plan has been completed, the local chief executive
shall initiate the passage by the LGU’s sanggunian of a resolution requesting
the DENR Secretary to issue an Administrative Order declaring the identified
area as Community Watershed as sources of water supply for specific
communities. The required administrative order shall be issued within sixty
(60) days after receipt of the resolution; Where there are already existing
springs in forests areas in the municipalities being used as water sources by
the communities, the community and the LGU shall initiate the passage of the
Sangguniang Bayan resolution requesting the DENR Secretary to issue the
necessary administrative order;

(d) Upon acceptance of the responsibility for the community watershed the
local chief executive, in consultation with the ENR Council will prepare the
Management Plan. Such plan shall be submitted to the Sangguniang Bayan
for approval; For purpose of formulating the community watershed
management plan, the DENR shall, in coordination with the concerned LGU,
undertake a forest resource inventory and determine the sustainable level of
forest and water utilization and provide the LGU technical and other
assistance in all aspects of forest management planning to ensure sustainable
development.

The penalty imposed in the proposed ordinance is also in accordance with the provisions of the
same Code, specifically Section 447 (a) (1) (iii), to wit:

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 “(iii) Approve ordinances imposing a fine not exceeding Two thousand five hundred
pesos (P2,500.00) or an imprisonment for a period not exceeding six (6) months, or
both in the discretion of the court, for the violation of a municipal ordinance;”

The subject ordinance must in the same way comply with the posting and publication
requirement under Section 511 (a) of the Local Government Code, thus:

“Section 511. Posting and Publication of Ordinances with Penal Sanctions.

(a) Ordinances with penal sanctions shall be posted at prominent places in the
provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum
period of three (3) consecutive weeks. Such ordinances shall also be published in a
newspaper of general circulation, where available, within the territorial jurisdiction of
the local government unit concerned, except in the case of barangay ordinances.
Unless otherwise provided therein, said ordinances shall take effect on the day
following its publication, or at the end of the period of posting, whichever occurs
later.”

In light of the above provisions, it is the considered view of this Office that the proposed local
legislation appears to be valid and within the authority of the Sangguniang concerned, but
subject to DENR guidelines, rules and regulations as to the propriety of declaring watershed
areas.

Respectfully submitted.

FOR AND BY THE AUTHORITY OF THE

OIC - PROVINCIAL LEGAL OFFICER

ATTY. MAE JOYCE M. ANJALIN

Attorney IV/OIC-Provincial Legal Officer

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