HON. MA. GERRYLIN SANTUYO-CAMPOSAGRADO – S.B. Member & Temporary
HON. DENNIS T. VALENCIA – S.B. Member
HON. NERI T. CAMIÑA – S.B. Member
HON. MARLON R.TERUÑEZ – S.B. Member
HON. SUZETTE MARIE HILADO-BANNO – S.B. Member
HON. REYNALDO E. TUMABOTABO – S.B. Member
HON. JULIUS T. LEDESMA – S.B. Member
HON. NORBERTO T. TURALBA S.B. Member
HON. JERRY T. TUARES – Liga President
HON. DYOSSA MARIE T. TERUÑEZ – SKMF President
HON. VIRGILIO T. TERUEL – Vice Mayor – (Compensatory time-off)
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MUNICIPAL ORDINANCE NO. 2021-003
AN ORDINANCE INSTITUTIONALIZING THE ESTABLISHMENT OF BEACH and MANGROVE FOREST IN THE MUNICIPALITY OF TIGBAUAN, PROVINCE OF ILOILO”
AUTHORED BY: ATTY. MA. GERRYLIN SANTUYO CAMPOSAGRADO
SPONSORED BY: COMMITTEE ON ENVIRONMENTAL PROTECTION, HOUSING, LAND UTILIZATION, ZONIFICATION, ASSESSMENT AND EXPROPRIATION
Chairperson: Hon. Ma. Gerrylin Santuyo-Camposagrado
Vice-Chairman: Hon. Julius T. Ledesma,
Members: Hon. Reynaldo E. Tumabotabo, Hon. Jerry T. Tuares & Hon. Norberto Turalba
MOVED BY: Hon. Julius T. Ledesma
SECONDED BY: Hon. Dennis T. Valencia, Hon. Neri T. Camiña, Hon. Marlon R. Teruñez, Hon. Suzette
Marie Hilado-Banno, Hon. Reynaldo E. Tumabotabo, Hon. Norberto Turalba,
Hon. Jerry T. Tuares and Hon. Dyossa Marie T. Teruñez;
SECTION 1. SHORT TITLE – This ordinance shall be known as Beach and Mangrove Forest Ordinance of Tigbauan, Iloilo.
SECTION 2. COVERAGE – This ordinance shall cover all coastal barangays in the Municipality of Tigbauan.
SECTION 3. OBJECTIVES:
3.1. To declare all foreshore areas and public lands in all coastal barangays as reserved for Beach and Mangrove Forest in the Municipality of Tigbauan;
3.2. To establish a Marine Protected Area (MPA) in the municipality of Tigbauan for the protection of the present generation and the assurance of the future generation;
3.3. To save what remains of these forests by protecting them and planting as many species originally occurring in the area;
3.4. To encourage all residents, especially those living in the coastal barangays to develop and maintain a beach forest and mangrove forest for their protection against storm surge and other calamities and to serve as green belt areas.
SECTION 4. DEFINITION OF TERMS – The following terms are being defined for the purpose of this ordinance:
- AQUATIC POLLUTION – the introduction by human or machine, directly or indirectly, of substances to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of waste, noxious or harmful liquid, gaseous or solid substances, from other human-made activities.
- BEACH FOREST – A narrow strip of woodland along the sandy and gravelly beaches of the seacoast. In many countries, coastal areas such as beaches, dunes, swamps and wildlands, even when they are not covered with trees, are officially designated as `forested’ lands.
For purposes of this ordinance, Beach Forest shall mean “all foreshore areas and public lands in the coastal barangays of Tigbauan, as identified by the Provincial Government Environment and Natural resources Office (PGENRO) and the Community Environment and Natural Resources Office (CENRO).”
- MANGROVE FOREST – are the most typical forest formations of sheltered coastlines consisting of trees and bushes growing below the high water level.
- MANGROVE ECOPARKS – are developed eco-parks to protect mangroves, provide a means of income and pride to local communities, and are a powerful educational and awareness-raising tool for the students and the community.
- SQUATTING – is an act of occupying an unoccupied area of land, usually for residential or other purposes that the squatterdoes not own, rent or otherwise have lawful permission to use.
SECTION 5. PROHIBITED ACTS. – It shall be unlawful for any person to do any of the following acts, to wit:
- Cutting, gathering, burning or destroying mangroves, trees and other forms of vegetations naturally growing on established beach forests and reserves;
- Dumping or emptying solid and liquid wastes into the beach forest beach, feeder river and streams causing aquatic pollution;
- Squatting on beach forest and its reserves without permission from LGU;
- Gathering of sand, gravel and other aggregates;
- Intentional and unintentional destruction of planted trees, including those done by stray animals.
SECTION 6. REGULATED USES OF BEACH FOREST AREAS – People in the coastal barangays occupying public lands are allowed to temporarily maintain their residence, if already existing upon the approval of this ordinance, provided that:
- Existing beach resorts maybe allowed to continue with their operations, provided that they shall help in the conservation of mangroves, trees and other forms of vegetations in the area;
- Preferential use of the area shall be given to fisherfolks associations to encourage fishing activities for livelihood, protection and conservation of natural resources;
- The establishment of eco-parks shall be encouraged for tourism and livelihood, provided that conservation, development and cleanliness and sanitation shall be observed;
- Squatters shall be given a period of two (2) years from date of approval of this ordinance to get involved in the implementation of the ordinance;
- Activities for educational, research and scientific purposes shall at all times be encouraged.
SECTION 7. PROMOTION OF CONSERVATION AND DEVELOPMENT OF BEACH FOREST – All coastal barangays in the Municipality of Tigbauan shall be required to develop and maintain the established Beach Forest within their territorial jurisdiction, in the following manner:
- Maintain a local seedling/planting material production facility for mangrove species. Small, backyard nurseries shall be established to enable communities to produce sufficient numbers of healthy mangrove seedlings for planting;
- Encourage and motivate all stakeholders to support and engage in conservation of mangrove forests and plantations;
- Protective structures, including breakwaters and barriers, may be constructed in areas with strong wave action and are highly prone to erosion;
- Assisted regeneration of mangroves through active planting of seedlings shall be required in areas of extensive historic clearing and destruction with highly dependent communities vulnerable to typhoons and low food security;
- Fences and signage shall be erected to help protect young trees from boat traffic, fishing and gleaning activities, and domestic and wild animals;
- Partnerships with local government, schools and technical support and specialist groups shall be encouraged to enhance the scale and scope of mangrove rehabilitation;
- Engagement, mobilization and training shall be conducted to empower local communities in mangrove rehabilitation projects.
- Counterpart funding shall be encouraged from communities and partner organizations, to maximize resources and underpin the collaborative approach to rehabilitation projects
- Restoration of protective and productive greenbelts shall be seen as a means of securing better livelihoods for coastal communities through increased resilience against natural disasters and higher fisheries productivity.
- Mangrove Eco-parks maybe established to protect mangroves, provide a means of income and pride to local communities, and serve as powerful educational and awareness raising tool.
SECTION 8. THE LOCAL GOVERNMENT UNIT SHALL ENSURE THE ENFORCEMENT AND MONITORING OF THIS ORDINANCE.
- Upon implementation of this ordinance, the LGU of Tigbauan shall support the communities for successful implementation of community-based mangrove and beach forest rehabilitation projects;
- Conduct/sponsor free seminars and training for the production of seedlings and other planting materials;
- Give recognition and/or commendation to individuals, associations and business establishments that have helped in the promotion and observance of this ordinance;
SECTION 9. IMPLEMENTING RULES AND REGULATIONS. – Within sixty (60) days from the approval of this ordinance, the necessary rules and regulations shall be issued by the Municipal Environment and Natural Resources Office for the proper and effective implementation of this ordinance.
SECTION 10. PENALTIES AND SANCTIONS FOR BUSINESS PARTNERS –
10.1. Any individual who shall violate any of the provisions of this ordinance shall pay an administrative fine of:
First offense: Php 500.00
Second offense: Php 1000.00, and
Third offense: Php 2,500.00 or imprisonment of not more than six (6) months or both at the discretion of the court.
10.2. Any private associations, aggrupation or corporations which shall violate any of the prohibited acts stated above shall be imposed a fine of:
First offense: Php 1,000.00
Second offense: Php 2,000.00
Third Offense: Php 2,500.00 or imprisonment of not more than six (6) months or both at the discretion of the court.
SECTION 11. ENFORCEMENT. –
11.1. The special Task Force on BANTAY KALIKASAN, as created by an Executive Order of the Municipal Mayor shall be given an additional task of enforcement and monitoring of this ordinance.
11.2. Taskforce Bantay Kalikasan shall be replicated in all barangays to include the Barangay Kagawad on Environmental Protection, Environmental Youth Icons, Volunteers and other associations.
11.3. Fifty (50) percent of the collected fines shall be released to the barangay concerned as incentives for the implementation of this ordinance.
SECTION 12. SEPARABILITY CLAUSE. If any part of this Ordinance is declared unconstitutional or unlawful, such declaration shall not affect the other parts or sections hereof that shall not be declared unlawful or unconstitutional.
SECTION 13. REPEALING CLAUSE. All previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly.
ATTY. MA. GERRYLIN SANTUYO-CAMPOSAGRADO
SB Member & Temporary Presiding Officer
ATTY. SUZETTE TENEFRANCIA-ALQUISADA