Cebu Monthly - March 2013

THE OFFICIAL PUBLICATION OF THE PROVINCE OF CEBU UNDER THE PROVINCIAL INFORMATION OFFICE Vol 1. No. 3 | March 2013

www.cebu.gov.ph

PIO, Cebu Provincial Government PIO Bldg., Cebu Capitol Compound, Cebu City, Philippines | (032) 236-3626 / 254-3454

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PROVINCIAL NEWS

Mega Cebu Vision 2050 LOCAL COLOR

San Francisco, Camotes’ Soli-soli Festival

R AGE AGAINST THE MACHINE The PCOS machine has been lambasted with criticisms left and right. But COMELEC assures the Cebuano that clear and definite steps have been taken to address existing problems and all possible outcomes in order to ensure a clean, fair and peaceful election

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Every Friday, 4:00-5:00 PM @ Provincial Capitol Social Hall

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STA N L E Y CIN A

CEBU MONTHLY

staff box Publisher Cebu Provincial Government

Layout Artist Stanley Cin A. Libor

Editor Atty. Jo Feliz M. dela Calzada

Photographers Reigi A. Burlas Nelson Oliver A. Del Mar Donald Moga Louis Michael Y. Ouano

. LIBOR

about the cover

THE OFFICIAL PUBLICATION OF THE PROVINCE OF CEBU UNDER THE PROVINCIAL INFORMATION OFFICE

Managing Editor Ramon M. Gallardo

Cebu Monthly, the official publication of the Province of Cebu under the Provincial Information Office that offers news and information about the Province of Cebu. A 36-page full colored news magazine with 30,000 copies in circulation.

2 Sugbo CEBU MONTHLY

Writers Lee R. Dela Cerna Hearty Marie O. Rizarri Roger P. Serna Contributing Writers Atty. Jonathan P. Capanas, CPA Gally T. Sayson Dr. Henry L. Yu, M.D. Love Malazarte Labnao Atty. Marvin Olajay Boyles

Contributing Photographer Ixa Escario Circulation Supervisor Jaime S. Yap Jr. Circulation Assistants Joseph N. Concoles George M. Cordeta

A voter feeds her ballot to a PCOS machine, one of many that the COMELEC will use in the coming election during a test drive held in April at SM City.

March

CONTENTS

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12 13 24 28

MAIN STORY

PCOS, better second time around?

COMELEC Provincial Election Officer Atty. Ferdinand Gujilde takes the time to sit down and talk to Cebu Monthly to answer questions regarding the state of the Automated Election System and the improved PCOS machine.

ELECTION SPECIAL

List of Electoral Candidates With the election drawing near, there is no better time than now to get acquainted with some of the faces behind the famous names.

SUGBO ADVENTURE

Danasan Eco-Park In the hushed town of Barangay Danasan, an exciting new summer getaway awaits. Families, barkadas and co-workers each have something to look forward to at this 133-hectare eco-park.

SPECIAL STORY

16th Nestea Beach Volley goes to Moalboal For the first time ever, Cebu is the proud venue of the annual Nestea Beach Volley Meet. 31 teams from the Visayas and Mindanao battle it out in the white sandy beaches of Moalboal to win a spot in the finals.

FEATURE STORY

Dalan sa Krus 2013 Parishioners of Oslob’s Immaculate Conception Parish successfully celebrate Holy Week despite the recent fire that partially destroyed the church’s facade.

SUPPLEMENTARY SECTION

Beyond the commerce of man The experiences of every community would provide a skeletal framework built on certain principles and policies. Many of these principles are not at all new in our country; they have been made legally available for our citizens to invoke and for our leaders to apply.

SUGBO 33 CEBU MONTHLY

MAIN STORY

PCOS, better second time around?

by Heart Rizarri

A

braham Lincoln reasoned, “Elections belong to the people. It’s their decision. If they decide to turn their back on the fire and burn their behinds, then they will just have to sit on their blisters.”

The election is drawing near. Candidates are now at full blast of their campaigns. Media ads, posters, flyers and campaign jingles scream out candidates’ names and platforms to arrest the people’s attention into voting for them. Some voters may have their lists this early while others may do so on the eleventh hour. But almost all of them are still uncertain about the most important component of the automated election, the PCOS machine.

Despite doubts of the general public on the possibilities of jamming the operations of Precinct Count Optical Scanner (PCOS) machine on the Election Day, the Commission on Election (COMELEC) has valiantly dispelled rampant rumours and fears that PCOS machines may not be immune nor fool-proof from the dirty electoral mischief of tampering or manipulation.

Automated Election System (AES) was first implemented in the 2010 elections. PCOS machines were used to modernize the election process replacing the snail-paced manual counting and most of all avoid the incidence of the typical cheating and tampering of ballots committed in past elections. The same kind of machines was also used in many countries such as the United States, Valenzuela, Brazil, Belgium and others, in which the machines proved their reliability and accuracy in providing credible and honest elections.

Lawyer Ferdinand G. S. Gujilde, Cebu Provincial Election Officer, gives us his insights into our common inquiries and qualms about the PCOS machines.

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Cebu Monthly Q&A Cebu Monthly (CM): How prepared are you for this coming elections?

Atty. Ferdinand Gujilde (FG): We are (90%) ninety percent prepared na ang COMELEC, unya we are right on track on our schedule on the preparation. Duna pa tay pipila nga buhaton pero (We still have a few things to do but) that is really on target.

CM: Have you started distributing to the municipalities and component cities the machines, forms, supplies and paraphernalia’s needed for the PCOS? How many percent are you in this process?

FG: Wala pa (Not yet). They will be distributed on schedule kay duna man tay gitawag nga “Final Testing and Sealing Day” (because we have what we call “Final Testing and Sealing Day”) which will be done on May 4, so probably a day before that were are going to deploy the PCOS machines.

CM: Are PCOS machines distributed in Cebu in good condition?

FG: Yes, we assure that they are in good condition. However, the purpose that we have the testing and sealing day is to check whether or not the PCOS machines are indeed in good condition for the election date. That’s why we do it earlier if dunay problem, ma-arrest na dayon nato (if there’s a problem, we can fix it right away).

CM: Is there an inventory of these machines? And who keeps the inventory, who else knew about the inventory lists?

FG: If you say about the list kung pila kabuok (how many), it’s actually public knowledge. Kung pila ka clustered precincts mao pud na ang corresponding number of PCOS machines.

CM: In some provinces it has been found that there were extra PCOS machine kept by the schools or even operating outside the pooling places.

What assurance do we have that this will not happen in Cebu?

FG: My take on that is this, if you see a PCOS machine standing alone, don’t worry because that is only a PCOS machine without the main memory. The main memory card is essential. If you see a PCOS machine without the main memory card, that’s a brainless PCOS machine. There’s nothing to fear about it, it like buying a cellphone without the sim card.

CM: Some say that the Compact Flash (CF) cards can easily be stolen and

be replaced by another pre-programmed CF cards. Can you enlighten us on this issue?

FG: Di ta kaingon nga (it can) easily be stolen, but, it can be stolen. But, ang problema kung imo na siya makawat and then imong ilisan ug pre-programmed CF card, the question is (the problem with stealing and replacing it with a pre-programmed CF card): Is that pre-programmed CF card compatible with the ballots? Because the official ballots are also polling place specific, so di siya pwede mailisan (they cannot be substituted). So, if duna kay isa tampered nga CF card it should be in tandem with the official ballots and also with the transmission of the results. And also, kanang fear nila nga kawaton, ilisan or i-switch (their fear that it will be stolen or replaced or switched), actually pwede na matambalan ilang kahadlok ana (they can allay their fears) by sending out the watchers, to watch over the chain of custody of the CF cards.

biggest problem. So kung ang imung pangutana (if your question) is, if it was corrected? It is corrected for the next elections, in so far as the number is concerned. If not corrected, then pareho ra gihapon same number, same problem. But at least now, we have, based on experience we now know better what to do, like for example, ang atong mga policemen, they can also be summoned to assist the BEI in issuing the peaceful queuing up to the polling place and also we’re going to have a holding area. Like for example, this is the polling place, butangan ug rooms ang holding area para manglingkod ang mga tawo and instead ug maglinya butangan ug mga lingkuranan. Kay ang kining mga linguranan, are hard to break so walay makasingit (We will put rooms in the holding area of the polling places so the people can sit down and, instead of standing in line, we will provide seats and use these to prevent others from cutting in line).

CM: We understand that PCOS technicians who are qualified for this job are mostly IT graduates or at least had a background in IT. How well do you trust these people who won’t tamper anything from the machine, or program in that matter to prevent electronic “dagdag-bawas”?

FG: We really trust them because no. 1, prior to their hiring we conducted background investigation and also they underwent written and practical examinations and when they passed they were subjected to training. Whether or not they can tamper with the elections, the possibility is very, very remote if ever there is any because the technicians are not allowed to touch the main memory card unless it is absolutely necessary. It’s only the Board of Election Inspectors (BEI) who can touch the memory card. Whatever they do inside the polling place that is transparent to the public kay duna man tay mga watchers diha (because we have watchers there) and the PCOS technicians can only get inside the polling place if their assistance is summoned by the BEI.

CM: What is the procedure in case that the machine in a precinct malfunctions on the day of the election? Or there is online communication failure or modem problems?

FG: Ang atong mga technicians will try to fix it. If that is beyond repair we can always use the contingency PCOS. However, kanang dunay mga guba nga mga machines, remote ang possibility ana (the possibility of having problematic machines is remote), because exactly we have the final testing and sealing day, to diagnose the machines whether or not they are working.

So if it was found to be working i-seal rana siya and it will be ready for the elections. On May 4, kahibaw nata ana if nay guba (we will know already if there are problems).

CM: How about those Overseas Absentee Voters who were not able to vote last election because their names were lost or they were not included in the lists. What can they do about this?

FG: If they haven’t registered at the local COMELEC they cannot really vote.

They can only vote outside of the country where they applied as OAV. CM: What were the common problems that occurred during the last election and where they being addressed, corrected or improvised? Can you assure that these problems won’t occur again?

FG: Actually, para nako (for me) the biggest problem confronted by the BEI was crowd management. Because the problem is the clustered precincts have a maximum number of registered voters at 1000. So at 1000 registered voters we expect long lines under the heat of the sun, so possibly, masuko, magwild ang mga botante (the voters will get angry and cause a ruckus), so that’s the

CM: In case there will be power shortage, is there a stand by power supply?

FG: There is always that battery that can last for 12 hours. No. 1, we already have assurance from our power providers nga walay brownout (there will be no power outage). In the remote possibility nga dunay brownout, there is that battery.

CM: How many people from COMELEC including the PCOS technician/s will be deployed in a precinct on Election Day? FG: I think the ratio is 1 is to 5. For every 5 polling places dunay usa ka (there is one) technician and roaming na siya and ang mo-assist ana nila mga DepEd supervisors and mga watchers nga naa inside pirmi sa polling place.

CM: Is Comelec’s citizen arm, the Parish Pastoral Council for Responsible Voting (PPCRV) and Catholic Bishops Conference of the Philippines (CBCP) also trained about the PCOS system?

FG: Yes, sila man gihapon our partners and as a matter of fact during our trainings we invited some representatives from PPCRV or in case of Cebu their counterpart is C-CIMPEL.

SUGBO 5 CEBU MONTHLY

PROVINCIAL NEWS

Mega Cebu Vision 2050

T

he Cebu Provincial Capitol together with the Metro Cebu Development and Coordinating Board (MCDCB) launched the “Mega Cebu Vision 2050” turn of phrase “Mega Cebu : Making W.A.V.E.S. (Wholesome, Advanced, Vibrant, Equitable and Sustainable ).”

In the first quarter meeting held at provincial capitol social hall last March 24, 2013, Cebu Acting Governor Agnes Magpale as board member in the meeting together with the local government officials and also the MCDCB Chairman Roberto Aboitiz tackled the different issues encountered

by Metro Cebu. Magpale was thankful for the officials of the Japan International Cooperation Agency (JICA) and also the city of Yokohama for supporting the vision.

The meeting dealt with the traffic problem as discussed by some government officials to DPWH Regional Director Ador Canlas. “We have included several widening projects to improve the traffic situation here and improve road capacity. Many of our motorists are using widened roads as parking space. We are not spending for their parking spaces” Canlas said.

Cebu City, Carcar, Danao, Lapulapu, Mandaue, Naga, Talisay, Compostela,

Cordova, Liloan, Minglanilla and San Fernando are the participating cities and towns for Mega Cebu. A vibrant, equitable, sustainable and competitive environment that embraces Cebu's creativity and its cultural, historical and natural resources with strong citizen participation and responsive governance, Aboitiz concluded.

The Mega Cebu Vision helps to promote the Cebu’s economy and provide better future in the year 2050. (LDC)

Capitol Medical Mission goes North To improve lives by providing health services and medical assistance, the Cebu Provincial Capitol together with the local government unit in the municipality of Sogod and Borbon successfully held another medical mission, this time in North Cebu.

Held at the Sogod Sports Center last March 12, 2013, almost 1000 people including senior citizens, children and married individuals attended the drive. The Sogodanons were grateful to the governor for being the lucky recipients of free medical services. The medical mission, under the guidance of Acting Governor Agnes Magpale, aimed to help the people in the province who are in need of assistance concerning their health problems. Check-ups, dental services, and free medicines are some of the benefits given during the mission. In addition, there are also laboratory tests like Blood Test, RBS, Cholesterol and Urinalysis. The medical team composed of doctors, nurses and the organizers worked tirelessly throughout the day.

6 Sugbo CEBU MONTHLY

“The medical mission gives opportunity to the people of Sogod, especially the less fortunate ones,” said Hon. Moonyeen Durano.

After Sogod, the medical mission headed farther north to Brgy. Don Gregorio Antigua in the Municipality of Borbon.

Some 2000 Borbonanons benefited from the mission’s dental services, operation tuli (“Circumcision”) and free laboratory exams last March 15, 2013. The Provincial Health office and DOH likewise doled out vitamins, antibiotics and other medicines to the denizens.

There were many volunteers who shared their time to make the event successful. Joining them were the provincial doctors and nurses who lent their expertise in support of the mission. The people of Borbon were glad and thankful for their assistance.

The medical mission is a project of the A TIME TO HEAL.Volunteer doctors and nurses take time Provincial Capitol, providing free health services as well as promoting healthcare in local out of their busy schedule to lend their services in providing much needed healthcare to the people of Sogod and Borbon. communities and the larger public. (LDC)

Argao Heritage Tour launched

Talisay Landing Re-enactment In commemorating the historical event of World War (WW) II, the re-enactment of Talisay Landing held at the beachfront in Barangay Poblacion, Talisay City last March 26, 2013 shows the patriotism of Filipinos.

Cebu Acting Governor Agnes Magpale shared 100 thousand pesos to Talisay City Government as support for the said event. Talisay City spent 1.5 million pesos for the renovation of the landing area and another 500,000 pesos for the activity.

The wreath-laying and offering of flowers were done by Diplomat Yasu Hasul of Japan, US Consul

John Domingo, Rep. Eduardo Gullas and Talisay City Mayor Socrates Fernandez. Acting Governor Magpale attended the event and expressed her appreciation and thanks to the people who had fought during WW II. Talisay City College students played as the Filipino soldiers and Japanese forces while the military’s Central Command (Centcom) portrayed the U.S. troops.

March 26 is a special working holiday, declared under Republic Act 10359 for the purpose of giving tribute to the war veterans of Talisay. (LDC)

Capitol Overseas Job Fair attracts more than 2,000 applicants Some 2,264 job applicants made it to the Overseas Job Fair held at the social hall of the Capitol on March 17 this year. The female job seekers outnumbered the males who reached 906 compared to 1,358 lady applicants. Present to cater their respective needed works were 28 representatives from various companies.

Those fortunate ones who were considered Hired on the Spot (HOTS) were composed of 54 females and 36 males, while another 1,638 applicants were scheduled for final interview by their respective future employer (agency). Moreover, 339 applicants were considered for further vacancies while another 203 job seekers failed to land a position due to lack of necessary documents to support their application letter.

Earlier in the day, Acting Gov. Agnes A. Magpale visited

the social hall and in her short message expressed her full support in the activity of the participating licensed agencies and applicants.

There were several national government agencies that assisted and helped other individuals in their respective needs. Personnel from the National Bureau of Investigation, PHILHEALTH, SSS, Department of Foreign Affairs and Pag-Ibig Mutual Fund anwered queries about clearances from the NBI as well as loans and medical assistance from representatives of SSS and PHILHEALTH. The next job fair will be on May 1 and job seekers are expected to try their luck on that date with the local companies. Prospective applicants are advised to register early at the PESO Capitol with their credentials ready. (RMG)

G

reat news to local and foreign travelers and adventurers! The Municipality of Argao has just launched their own cultural heritage tour called “Celebrate Argao Day Tour Package” last March 31, 2013. The tour allows the guests to experience the historic places, artifacts, food and activities that authentically represent the stories of the Argawanons living in the area, past or present, and make the journey more exciting, fun and memorable.

On the itinerary, tour package includes a river cruise along the tranquil and centuries old mangrove forest and Sombria River, trekking (and swimming if you have the chance) in Talisay and Liki Springs, explore the insides of Riverstone Castle, nature tripping and fish feeding at Argao’s Nature Park and most of all, revisit the past and go on a guided tour around the Cabecera de Argao where you will truly find out more about the town’s rich and colorful history, culture and heritage.

One of the fascinating activities of the tour is a short lecture on Argao’s famous delicacies. Guests will have a chance to learn about Tuba (fermented coconut wine) -making, Torta-baking and Hablon-weaving.

And of course! Guests have opportunity to savor the flavors of Argao with their fresh seafoods buffet at Bien Mar Sutukil in Brgy.

Taloot and their famous delicacies, such as the Torta and Tableya (bitter chocolate made from cocao beans) at Jessie’s.

More surprises pile up as the tour draws to a close. In the bus ride back to Cebu City, guests are treated to an exciting game of trivia conducted by the tour guide. The questions relate to the trip so those who pay attention and give correct answers receive delightful prizes.

Kudos to Mayor Edsel A. Galeos together with Mr. Vip Semilla, Mr. Ruel Rigor and Argao Tourism Commission Officer and staff in creating this remarkable project in promoting the cultural heritage tourism of the municipality. Truly an Argawanon pride! (HMR) Tour package is available every Thursday to Sunday. Call Argao Tourism Commission Office at (032) 485-8063 for your inquiries.

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LIST OF ELECTORAL

CANDIDATE A Cebu Monthly Election Special

FIRST DISTRICT REPRESENTATIVE ASPIRANT

SAMSAM GULLAS FIRST DISTRICT SANGGUNIANG PANLALAWIGAN ASPIRANTS

TEBAN DAAN

YAYOY ALCOSEBA

SERRIE RESTAURO

SECOND DISTRICT REPRESENTATIVE ASPIRANTS

WILLY CAMINERO

PABLING GARCIA

SIM K KINTANAR

SECOND DISTRICT SANGGUNIANG PANLALAWIGAN ASPIRANTS

DONG BARICUATRO 8 Sugbo CEBU MONTHLY

DADAY CELIS

PETER JOHN CALDERON

CARY KINTANAR

Guide to voting in an Automated Election System 1. On election day. May 13, 2013, go to your voting precinct. Bring your voter’s ID or any valid ID with your registration stub.

VOTERS ARE ALLOWED TO VOTE UP TO

2. Present yourself to the Board of Election Inspector BEI to get your ballot. Listen to the BEIs instructions on how to properly fill up the ballot.

12 senators 1 congressman 1 governor 1 vice-governor 1 mayor 1 vice-mayor 1 partylist 7 board members 10 councilors

3. Receive the ballot. Check if its empty and unmarked on both sides.

4. Proceed to voting area and fill up the ballot. Each ballot comes with the name of the candidates. Fully shade the oval next to the name of the chosen candidate.

Remember: DO NOT OVER-VOTE

In ARMM, a voter may vote 1 governor 1 vice governor 3 regional assemblymen

5. Take your ballot to the Precinct Count Optical Scan, and feed it to the machine.

Wait for the confirmation message to appear on the screen.

6. Return to the Board of Election Inspector for indelible inking.

via MEDIANGBAYAN.COM

THIRD DISTRICT REPRESENTATIVE ASPIRANTS

GERALDINE YAPHA

GWEN GARCIA

THIRD DISTRICT SANGGUNIANG PANLALAWIGAN ASPIRANTS

ALEX BINGHAY

GIGI SANCHEZ

TOMMY YU

IAN ZAMBO

CEBU MONTHLY SUGBO 9

FOURTH DISTRICT REPRESENTATIVE ASPIRANTS

BENHUR SALIMBANGON

TINING MARTINEZ

FOURTH DISTRICT SANGGUNIANG PANLALAWIGAN ASPIRANTS

JOE LAYON

CHITO ARREGLO

RHAPPY LUCHE

BENJUN MONDIGO

SUN SHIMURA

FIFTH DISTRICT REPRESENTATIVE ASPIRANTS

ACE DURANO

ALFIE PEPITO

GILBERT WAGAS

FIFTH DISTRICT SANGGUNIANG PANLALAWIGAN ASPIRANTS

BEN BATIQUIN

MONCHING DURANO

MIGS MAGPALE

JUDE DURANO SYBICO

POLITICAL PARTY METER National Unity Party One Cebu Nationalista Party United Nationalist Alliance Pwersa ng Masang Pilipino Barug Alang sa Kauswagan ug Demokrasya Liberal Party Independent SugboMONTHLY 10 CEBU

SIXTH DISTRICT REPRESENTATIVE ASPIRANTS

LUIGI QUISUMBING

INDAY NERRY SOON-RUIZ

SIXTH DISTRICT SANGGUNIANG PANLALAWIGAN ASPIRANTS

ELMER CABAHUG

TEDDY OUANO

ARLEIGH SITOY

GOVERNOR AND VICE-GOVERNOR ASPIRANTS PROVINCIAL GOVERNOR

LITO BULALA

KLASMIT BOYET CORTES

HILARIO DAVIDE, III

PABLO JOHN GARCIA

PROVINCIAL VICE-GOVERNOR

BOBOY DURANO

AGNES MAGPALE

GLENN ANTHONY SOCO

VOTE WISELY Voting is the most precious right of every citizen, and we have a moral obligation to ensure the integrity of our voting process. - Hillary Clinton 11 SUGBO 11 CEBU MONTHLY

SUGBO ADVENTURE

Danasan Summer Getaway

A

re you searching for an exhilarating summer getaway?

Persuade your family, call your friends, and beep your special ones and head out to an absolute refreshing escapade in the north.

For an hour away from Danao City, Cebu, in the hushed town of Barangay Danasan, a daring Danasan Eco Adventure Park will welcome you with its 133 hectares of beautiful outdoors. Built for adventure and nature experience, Danasan Eco Adventure Park brings you great treats.

Offering a perfect chance of promoting tourism for the province of Cebu, Danasan Eco Adventure Park gives an eco-friendly escapade.

Bring out your adventurous side and dare to immerse yourself in extreme explorations.

Experience balance and strength with wake boarding, bring out courage in trekking and caving; be amazed by nature’s wonders with

12 MONTHLY 12 CEBU Sugbo

by Love Malazarte Labnao waterfalls exploring, unleash your muscle power and don’t let go for a 60-feet drop water fall in rappelling, conquer your fear of heights and experience adrenaline rush across 440 meters over a 50-feet deep cliff on zip line. Never leave the place without taking the outrageous heart stopping CLIFF JUMP. Danasan Eco Adventure Park does not only offer you with adrenaline-pumping adventures but also great fun-filled side activities perfect for bonding moments with your workmates, classmates, colleagues and friends, all while getting in close touch with nature. Pedal around the park with a biking workout. Looking for a faith-refreshing spiritual adventure? Find your way to the park’s way of the cross and grotto. Shape a strong bond among your team members with the eco-friendly team building activity. Experience the park’s camping with the best night sky view. Burn unwanted calories as you experience hiking or feel romantic and old-school with horseback-riding into the sunset.

To make your experience with nature as comfortable as possible, the adventure park also offers services for the true adventurer. Avail of

shuttle services, room accommodations, and unwind as you fill your stomach with great treats at the park’s restaurant, canteen, and club house.

Pack now and head straight to one of Cebu’s finest adventure parks. Jog, hike, zip line, spelunk, water ski, camp, wall climb, or horseback ride to your heart’s content, all in just one splendid adventure spot. For an entrance fee of only Php25, you can freely wander around the place and relish the outdoors and nature’s astonishing beauty. Be charmed with the park’s mysterious caves, fresh water springs, and waterfall with three astounding drops. One day would not be enough to experience all the outdoor activities and so be prepared to reward yourself with the inviting ambiance of a relaxing summer experience.

For details: log on to DANASAN ECO ADVENTURE PARK http://www. danasanecoadventure.com/

SPECIAL STORY

16th Nestea Beach Volleyball goes to Moalboal’s Basdaku Beach

by Lee dela Cerna

I

t’s summertime and the Nestea coolest beach summer meet is back for its 16th run.

The Nestea beach volley kicked off with regional elimination for Visayas and Mindanao on March 22-23, 2013 at the pristine white sand beach of Basdaku, Brgy.

Saavedra, Moalboal, Cebu. A total of 43 teams composed of 23 men’s and 20 women’s will compete in two regional legs and the 12 best teams from the elimination round will compete for the finals on April 18-20, 2013 at Boracay Island. 31 schools represented the Visayas and Mindanao regions at the meet.

The Opening Ceremony started at around one in the afternoon on March 21, 2013, followed by the oath-taking ceremony of the delegates. Nestea Philippines sponsored the accommodations and food for all the delegates, coaches, staff and local media. HK Resort, Barefoot and Delgado’s Resort were some of the beaches occupied by the people behind the event.

The University of the Visayas (UV) Men’s division, who won last year’s tournament in Boracay, defended their National Title on the first day. UV’s defending champions, Jade Becaldo

and Mike Abria, helped their team advance, via a 21-13, 21-15 score over University of Southern Philippines Foundation’s (USPF-B) John Michael Ylanan and Gwen Kevenrick Ausen.

Southwestern University (SWU) Danika Yolanda Gendrauli and Raphril Aguilar smashed the competition with a 18-21,14-21 win at the semis against the National Defending Champion Women’s Division Central Philippines University (CPU) Jovelyn Gonzaga and Fiola Mae Ceballos.

After 2 days of competition, defending Champion for the men’s division UV was victorious in the final game against Mindanao State University (MSU) manned by Tailluddin, Aga and Madsairi, NurAmin with a score of 21-15, 21-15. The other two teams from Cebu who qualified for the quarterfinal tickets were University of San Jose-Recoletos (USJ-R) and (USPF-A). Three teams from Mindanao grabbed quarterfinal tickets as well: MSU who overcame UV’s team during the final round,

University of Tagum and Holy Cross College.

For women’s division, University of Mindanao-Tagum grabbed the finals win against Jose Marie College of Davao with a score of 18-21, 8-21. Joining the quarterfinal were Southwestern University, Central Philippine University, Jose Marie College, University of Southern Phil.

Foundation and University of San Carlos.

The Nestea beach volley launched the first ever motorboat race in Basdaku Beach, Moalboal.

Aside from that, the Nestea team also organized a Coastal Cleanup Drive together with the delegates by maintaining the clean environment of the beach.

CEBU MONTHLY SUGBO 1313

ENTREPRENEURSHIP

Summer Delights

by Janicah Claire Abrinica Alyssa Ashley Manugas Loraine Segales / UP Masscom Interns

I

n every year there comes a time when everyone gets to take a break—a relief from the hustle and bustle of city life. People often think of fun-filled activities that will make their summer worthwhile. Others, however, think differently. They see summer as an opportunity to take on different fields and embrace change, the kind of change that will set them apart from the usual activities people get into during summer. One of those people is Miss Irma Pingol who got into the business of making halo-halo in the summer of 2009. According to her she wanted to save money during the summer so she could make use of it when classes come. This shows that Filipinos really find ways to make good use of their resources instead of wasting them.

photo from http://www.graceland.ph/

A popular business every summer is selling halo-halo.

Aside from being a dessert so easy to prepare that even small households can make it themselves, it is also a taste that is close to every Pinoy. In the Queen City of the South there are three known dessert places that have captured the hearts of Cebuanos.

14 MONTHLY 14 CEBU Sugbo

Medellin, Cebu

First off is Melton’s Halo-Halo , a small store located at Tabura Street, Pardo, Cebu City. Melton’s claims to be different from other halo-haloans in the Metro because of their soft and sweetened shaved ice. A mixture of corn flakes, kaong , peanuts, slices of banana and jackfruit and ube topped with ice cream is what composes this wonderful concoction. According to Mrs. Elizabeth Marabon, one of the owners of Melton’s, the name of the store came from the combination of her in-laws’ names, Melly and Tony. Melton’s is turning 28 this year with a sister branch in Minglanilla. Like every halohaloan, Melton’s is at its busiest time during the summer. “Our sales really go up during the summer. It usually starts increasing when January comes and stays that way until May,” Marabon said. With their fresh ingredients coupled with a homey ambiance, Marabon guarantees everyone’s satisfaction.

Another hit halo-halo is that of D’ Original Razon’s . It has seven branches all over Cebu including their main branch at Sampaguita Suites, Mango Avenue, Cebu City. What makes Razon’s halo-halo standout among others is the fact that they only use three ingredients which are leche flan, macapuno and slices of banana. Razon’s wanted to sustain the flavorful quality they started with over the years. “We always try to make our halo-halo taste like it’s homemade,” Miss Lyka Suarez, the store manager of Razon’s Mango branch said. As the heat of the summer rises, more and more people flock the stores of Razon’s to cool down with their halohalo. “It’s really hot out these days so you can expect that people will want to eat halo-halo”, Suarez said.

Other than the familiar mix of halo-halo, people also look for the all-time favourite dessert: ice cream. They come in different flavors, different portions and different names.

Although big brands have made their mark in our country, a local flavor seems to be making its way into the industry. Coming from Manila

and finding its way into Cebu way back in 2009, Fruits in Cream (F.I.C.) has settled their stores in Ayala and SM. F.I.C. brings a new kind of ice cream to Cebuanos with its unique flavours. “F.I.C. is really different because you get to taste real fruit bits in it,” service staff Jerose Conje said. There’s also a bonus to F.I.C. when it comes to dieters since it also offers sugar-free ice creams as well. It’s no wonder why people return to the stalls of F.I.C. when summer is around. “When summer comes, our ice cream really starts to sell. Plus, we could always expect our loyal customers to help us out when times get rough,” Conje added.

While summer brings out plenty of opportunities for entrepreneurs, it also is a great time to just sit back and relax. It’s that time of the year when you can let go of your woes and spend time with your family and friends. For others, the costs of their activities are only the right prices to pay to make their loved ones happy.

As parents will do anything to make their children happy, Mrs. Lalaine Caranzo and her family in San Fernando, Cebu try to make their summer worth remembering.

In fact, her children are enrolled in swimming classes at Abellana. They even go to the beaches of Moalboal and Butuan on their own whim. “The kids’ swimming classes are what we really planned for this summer while we go to beaches every now and then,” Mrs. Caranzo said. For the Caranzos, their spending has only increased a bit this summer compared to their usual expenditures. “Since school is out, we can use up the kids’ allowances for our activities,” Mrs. Caranzo added.

Aside from visiting local beaches, others would prefer to go to different cities and see what kinds of adventure await them there.

One such family is the Minozas in Argao who love to go around the country. Though this type of vacation is costly, the bond that the Minozas form with each other makes

the trip worth it. “Our expenditures really go up during the summer because of our trips. The plane tickets and hotels can be really expensive,” Vanette Minoza, the eldest daughter said. The Minozas also like to live in the moment and spend what they can, when they can, if it means they are able to have closer family ties.

With all the activities lined up for the summer, it can really be confusing to decide on just a few that will give you real satisfaction. That is what Miss Pingol kept in mind when she decided to sell halo-halos in 2009. She wanted to have fun during the summer while keeping their spending at bay. “It was fun to see our halo-halos sell and it was exciting to actually have some progress during the summer,” Miss Pingol said. Even if the summer comes unplanned, it is important to note that those weeks of free time can give you something useful like gaining an extra income, learning how to swim or even expanding your own business.

Whatever you do decide on, just remember that when summer ends you’ll have had a great one.

CEBU MONTHLY SUGBO 1515

EDITORIAL SECTION

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The Right and Privilege to Vote

he election season draws near and once again we, the people, find ourselves in the spotlight. Like the young debutante at the ball, we have suitors in the form of smooth-talking politicians and savvy incumbents lining up for our favors. They court us with campaign jingles and a bouquet of sample ballots as we choose whom among the lot of them should win the poll.

The task is made more daunting when you realize that whomever you choose, you have allowed that person to govern you for the next three years or so.

This is the essence of a democratic government like ours. The governed choose the ones who govern.

Suffrage or the right to vote “is a political right enabling every citizen to participate in the process of government to assure that it derives its power from the consent of the governed. (Pungutan vs. Abubakar, L-33541, 20 January 1972)” The exercise of this right is protected and guaranteed not just in the Constitution and other domestic statutes but also in international laws, i.e. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The 1987 Philippine Constitution dedicates an entire article (Article V) on suffrage. In addition, Sec. 1 of Article II states that “[t]he Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.” The object of suffrage is the continuity of government and the preservation and perpetuation of its benefits.

(McCrary, Am. Law of Election, 4th Ed., p. 3). “Each time the enfranchised citizen goes to the polls to assert this sovereign will, that abiding credo of republicanism is translated into living reality. (People vs. San Juan, 22 SCRA 505).”

But there is a question of whether or not suffrage is a right or the privilege of

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a few. Because it is easy to say that you must vote wisely if you want a real change in government; hard to say no when the most pressing problem of the day is where to find money for food. Add to that the seduction of the campaign media and the temptation to simply give up and make no choice whatsoever – is suffrage a right or a privilege? Is it an option or a responsibility?

Suffrage is both a right and a privilege. It is a privilege in the sense that not every citizen enjoys it. Sec. 1, Art. V of the 1987 Constitution states that “[s]uffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.”

In other words, suffrage in the Philippines is granted on a conditional basis, the condition being that the citizen must have all the qualifications and none of the disqualifications as provided under the Constitution.

But suffrage is also a right. It is a political right because once granted (that is, once the person qualifies under the Constitutional guarantee), it cannot be deprived by any act of the legislature. Moreover, voting in the elections is a duty intimately connected with the right of the Filipino to self-determination. It cannot simply be waived like any ordinary right for without suffrage, the principle of sovereignty residing in the people becomes nugatory.

Again, we go back to the basic principle: we choose the ones who govern us.

However, in making that choice, remember that we are not choosing rulers but agents who are there to serve our best interest in government. The officers we elect have no proprietary or contractual right to their office; they accept said office pursuant to provisions of the law and hold it as a trust for us, the people he represents.

If we believe this, and act accordingly, then the real choice is not “whom among these candidates should win the poll?” But “what kind of government do we deserve as a people?”

Think about it. Vote. (JFDC)

When the Right is Simply NOT Right

by Atty. Marvin Olajay Boyles

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have the opportunity to teach Labor Laws as part and parcel of a course for undergraduate studies in one of the universities in town. One of the things I heard from my students in the wake of our recent discussion about employees’ right to strike was: Do government employees have the right to strike? A question that threw me years back in nostalgic memory - in a classroom setting with the late Labor Arbiter Antipas Catipay, my Labor Law professor.

The Supreme Court is of the considered view that government employees cannot validly go on strike. That question was long ago answered and settled by the Supreme Court in the case of Social Security System Employees Association (SSSEA) vs. The Court of Appeals, et al., G.R. No. 85279, July 28, 1989 where the Highest Court of the land made a categorical pronouncement that the strike staged by the members of SSSEA was illegal.

That was 24 years ago and the Supreme Court has remained steadfast about the foregoing ruling.

When I was still in law school, I took the same question about the right to strike of government employees at face value. I said to myself then that the right to form association would be rendered illusory if and when such right does not carry with it the concomitant right of those in government service

to strike. I personally shared the views and sentiments of the scant minority.

A valid argument to posit is that in order to achieve the benefits of the right to self-organization to the fullest, workers in the government services, like those in private undertakings or sectors, ought to have the right to strike.

Not until I understood the rationale behind the SC’s ruling in the afore-cited case did I decide to reexamine my previous personal opinion.

The right to strike is well-entrenched in the 1987 Philippine Constitution, but, the fundamental law of the land is silent whether or not this right covers those working in the government. It needs to be said, that withdrawal and refusal of the workers to work has resulted in the detrimental effects on the business and economy of the country in epic proportion. The same applies to the government employees as well. It is because of the peculiar character of public service that when the workers in the government service strike, the general public will inevitably suffer.

It is therefore important to consider that when the government employees would want to ventilate their legitimate issues and concern about their employment and contemplate to stage a strike, it should not be the government that they should be worried about, it is the public. It is not the government that they will aggravate, but no less than the public – the very people they bound themselves under oath to serve.

Trial Lawyer based in Cebu ( Partner in Fortich Dela Calzada & Boyles Law Offices, 2nd Floor Keppel Bldg., Samar Loop St., Cebu Business Park Cebu City)

The Courage to Speak

by Evangeline Lavilles de Paula

THE PHILIPPINES is a democratic country. And as a democracy, majority rules. Or does it?

As a democracy, we should be kingless. But as it is, we are ruled by kings of all sorts: the drug lords, the crooked business czars, the criminal barons, the gamblers’ protectors, the political dynasties, and the leftists. We even have the king of the road. They are minorities who value not what is right for all, but what benefits them.

As Napoleon Bonaparte once remarked: “10 persons who speak can create more noise than the 10,000 who are silent.” How descriptive of what we are today!

Some of our elected officials were voted into office not by ballots, but by bullets and money. And others won, not in the voting, but in the counting. And so, “the minority has the say, but the majority has to pay.” A barangay is infested by drug pushers and drug addicts because the inhabitants refuse to “see or hear”, much less “to speak”. Some unscrupulous tycoons get richer and richer and the buyers get poorer and poorer because they’re too timid to complain of manipulated high prices. People are afraid to take public transportation or stroll the streets, especially at night for snatchers and drug-crazed men are real

and up-close. Taxpayers could only grudgingly pay unreasonable taxes because rich lobbyists inf luence some lawmakers.

But who has the numbers? The criminals or the law-abiding citizens? The conscienceless businessman or the poor consumers? The corrupt officials or the taxpayers? The commuters or the drivers? Why then does evil triumph? The answer is this truism: “Evil triumphs because good men do nothing.”

Surely, all people experience fear – even the bravest of soldiers. But everyone too, like soldiers, can be courageous. For courage is not doing what you are afraid to do, but what we ought to as a human being. We have to pay for a good and peaceful life. And the price is courage. Everyone should have courage to be counted and to fight in whatever manner he can. Only then can the majority rule.

This coming election is the most opportune time to speak. We speak through our ballots. The voices of our ballots ring loud and clear as to who we want to lead and decide for us.

A serious warning: Do not exchange your ballot for money. Bribe money is good only for a day. But a paid ballot will bedevil us for years. And our conscience will torment us forever.

On May 13, 2013, HAVE THE COURAGE TO SPEAK! (ELP)

SUGBO 1717 CEBU MONTHLY

INSIGHT

The Cebuano Families

Sergio Osmeña 4th President of the Republic of The Philippines

Dr. Nicolas Escario, Sr. Founder of CIT-University

Manilyn Reynes Actress/ Singer

Vicente Sotto Politician

Mariano Jesús Cuenco Politician/Writer

Michel Lhuillier Businessman

Conrado Tudtud Law Enforcer

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Martino Abellana Painter

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(1) Abadia (2) Abella (3) Abellana (4) Abellanosa (5) Aboitiz (6) Alcoseba (7) Aliño (8) Alix (9) Almendras (10) Avila-Cañizares (11) Aznar (12) Bacalso (13) Barba (14) Borromeo (15) Briones (16) Cañete (17) Chiongbian (18) Chiu-Benedicto (19) Climaco (20) Colina (21) Cuenco (22) Cui (23) Dakay (24) Del Mar (25) Del Rosario

Matias Aznar Founder of SWU

Notable families from Cebu were recognized for their exemplary achievements that have brought pride and honor to the city of Cebu in various fields of endeavor. Many of the families were prominent since the Spanish times. They are as follows: (26) Diola (27) Echavez (28) Escaño-Garcia (29) Escario (30) Espina (31) Estenzo (32) Fernan (33) Gaisano (34) Gandionco (35) Garces-Gorordo (36) Garcia (37) Go Tiao Co (38) Gonzales (39) Gothong (40) Gullas (41) Hermosisima (42) Herrera (43) Inocian (44) Jaca (45) Jakosalem (46) Jumalon (47) Kabahar (48) Lhuillier (49) Ludo-Luym (50) Osmeña

Estelita “Titang” Diola Keeper of the Sinulog dance

(51) Pacaña (52) Padilla (53) Rama (54) Reynes-Mercado (55) Rodriguez (56) Sala (57) Salvador (58) Sanson (59) Segura (60) Seno (61) Singson (62) Solon (63) Sotto (64) Streegan (65) Tabada (66) Tabal (67) Tudtud (68) Urgello (69) Uytengsu (70) Velez-Leyson (71) Veloso (72) Vestil (73) Villa (74) Villanueva (75) Ylaya

Jon Ramon Aboitiz Businessman

THE MAN BEHIND THE STREET

H. Pepito Street Consolacion, Province of Cebu

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he man honored by a street in Consolacion Hilarion Mendoza Pepito lived in his best of two worlds: as a young boy and as a married man. He had the happy experiences of living with his father, Miguel P. Pepito, Mayor of Consolacion (1930-1933, 1938-1941) and of having two children, both Mayors, the late Emmanuel Y. Pepito, Mayor of Consolacion (1976-1992) and also a Provincial Board Member of the 6th District of Cebu (19921995) and Mayor Teresa P. Alegado (2010 to date). Mayor Hilarion M. Pepito himself was also a Mayor of Consolacion (1947-1952, 1955-1959, 1959-1963, 1963-1967, 1973 – 1976). He died as an incumbent mayor last July 14, 1976. Altogether the four Pepitos served their native town as mayors for 45 years. This is a clear testimony to the fact that the people of Consolacion trust them.

Mayor Hilarion M. Pepito frequented the Cebu Capitol building, especially the Governor’s Office, in relation to his work as mayor. He could be mistaken for a common man as he carried no air of importance nor superiority. He, however, was well-respected by Capitol employees for his sincerity and mild manners. Saddened by the loss of a genuine gentleman, almost all his Capitol friends joined his funeral at Consolacion.

Mayor Hilarion M. Pepito is a perfect example that it does not need riches, which he did not have; nor power, which he did not abuse, to be honored by his people a lasting memorial.

He now joins the caravan of immortals.

Vangie Office of the Acting Governor Province of Cebu

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HISTORY AND HERITAGE GARBO SA SUGBO

DIONISIO ABELLA JAKOSALEM

Just like Gov. Gwen Garcia, the first woman governor of Cebu, Gov. Dionisio Abella Jakosalem was a product of the municipality of Dumanjug.

His parents were Alfonso Jakosalem and Apolonia Abella. He got his early education from his home town’s school. He ventured in the city to pursue a college degree in the former College of San Carlos 1889 to 1894 where he and Sergio Osmeña became classmates. His parents sent him to Manila and he enrolled in the University of Santo Tomas in the course of Bachelor of Arts after which he proceeded to take Bachelor of Laws.

He landed in public service as a municipal secretary of Dumanjug in 1900 and in 1903 he was already a lawyer when he was appointed justice of the peace in Cebu, which he held for only one year. On the following year, he was elected as a municipal councilor. Seeing his potential in politics, his former classmate, Sergio Osmeña who was the governor of Cebu at that time, encouraged him to pursue a carrier in politics which prompted him to try his luck and was elected as a provincial board member. In 1907, Osmeña was elected to the Philippine Assembly and Jakosalem was appointed to continue his term as governor. After he finished Osmeña’s term, he ran for the same position under the Nacionalista Party and was elected. Lady luck seemed in his favor again when he was reelected in 1909. His various infrastructure projects have made him close to the people until his term has expired in October 1912 after which he was again appointed as acting provincial fiscal on February 1913, a position he held for one year.

On January 1917, he became Secretary of Commerce and Communications that made him the first Filipino cabinet member during the American regime.

With such position he prevented a rice crisis that profiteers usually take advantage of brought on by World War I. Under the presidency of Manuel L. Quezon, he was sent to the USA as member of the first Philippine Independence

HERITAGE SITE

mission.

He retired from public service and practiced law in Cebu. Prominent individuals were among his apprentices such as Sotero Cabahug, Manuel Briones and Paulino Gullas. He was a dean of the college of law in the Visayan Institute where he taught. Jakosalem was a musician, a chess master, a marksman and a billiards aficionado. He was married to Generosa Teves, a relative of Benigna Cui and Pedro Cui who was the founder of the Hospicio de San Jose de Barili where Jakosalem served as an administrator until he died in 1931 due to blood poisoning at the age of fifty-three.

ST. FRANCIS XAVIER CHURCH Alegria, Cebu Behind the renovated structure of the St. Francis Xavier Church in the municipality of Alegria are some untold stories that were apparently covered with dust and cobwebs of time. The one and a half century old church came to its existence on 1857 while its parish was established in 1939.

When the Japanese forces invaded the Philippines during World War II, some historians believed that there were invaders who had taken with them treasures from other places, such as gold and other valuables. Those treasures were scattered throughout in different areas in the archipelago including Cebu province. It was in the town of Alegria that the last Japanese garrison in the south was built. Old folks in the area believed that a certain cite near the church was the burial ground of some of those hidden wealth brought by the Japanese army.

In front of the centenarian church

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still exist the old watchtower known in the area as “Bantayan sa Hari” which was constructed to protect the natives from Moro attacks. However, what remain visible of the yesteryear’s old edifice are the ruined walls apparently preserved as a silent witness of those troubled years in the past. Considered as one of the oldest landmarks in Cebu, the church of St. Francis Xavier is included in a showcase when Suroy-Suroy Sugbo went to the southern part of the province. Inside the holy building are antique images and statues of saints, like the 1930’s wood carving of St. Michael de Archangel, another wood carving of San Roque and other images, their paints already coated with soot and melted candlewax.

The church has been renovated to make it presentable and be one of the town’s pride in terms of their treasured heritage.

ON THIS DAY March 1 1899 Gen. Elwell S. Otis issues an order providing for creation of the Visayan Military District, to be composed of Panay, Negros, and Cebu. Brig. Gen. Marcos P. Miller is named commander of the District.

March 11 1898 A secret meeting of the Katipunan in Cebu is held with Candido Padilla. Luis Flores, Francisco Llama, Jacinto Pacaña and others in attendance. The Katipunan leaders decide to start the local antiSpanish uprising on April 8, Good Friday.

March 2 1899 American troops newly arrived to garrison Cebu City, occupy the Recollect Church and convent as temporary barracks.

March 12 Fiesta of Ginatilan 1946 Pres. Sergio Osmeña creates the National Urban Planning Commission to coordinate the reconstruction and development of urban areas throughout the Philippines.

March 3 1954 Sergio Osmeña Sr. defects from the Liberal Party to join the Nacionalista Party. He is sworn into the Nacionalista by Vice President Carlos P. Garcia. In explaining his defection, Osmeña says, “My conscience was for Quirino but my heart has always been for Magsaysay”.

March 4 1943 Heavy fighting takes place between Cebu guerillas and Japanese troops in Guila-guila, Compostela. The battle lasts for several days, leaving scores of Japanese killed.

March 5 1901 Arcadio Maxilom, commander of Cebu forces in the war against the Americans, issues a decree providing for punishment for spies, traitors and collaborators.

March 6 1906 Sergio Osmeña Sr., is installed as Governor of Cebu succeeding Juan Climaco.

March 7 1954 The Cebu Provincial Nacionalista Party directorate passes a resolution accepting Sergio Osmeña Jr. into the Nacionalist Party.

The young Osmeña has just defected from the Liberal Party saying his loyalty in the past has been to Elpidio Quirino and not to Liberal Party.

March 8 1945 In Malacañang Palace, Pres. Sergio Osmeña Sr. administers the oath of office to the members of the Cabinet.

March 9 1900 Cebu guerillas under Lorenzo Eje enter the barrio of Talamban and drive out the Americans. They then burn the barrio.

March 10 1863 Pardo, Cebu is established as a parish by royal decree. Its patron saint is Santo Tomas de Villanueva.

March 13 1898 On this day (and the whole month of March) the Katipunan is busy clandestinely recruiting members in Cebu, especially among seamen and the workers of Smith-Belle. Among the Katipunan organizers are Anastacio Guinario, Mariano Hernandez, and Florencio Gonzales.

March 14 Lt. Col. Thomas H. Hamer is assigned as the first American military governor of Cebu. Cebu is designated as a sub-district under the Department of the Visayas with headquarters in Iloilo.

On this day, the Americans also established in what is now Freedom Park the Post of Cebu later called Warwick Barracks.

March 15 1952 Sergio Osmeña, Sr. receives the Doctor of Law honoris causa from the University of Southern Philippines. He delivers a speech on the value of education in the national level.

March 21 1899 The Cebu Revolutionary Council under Arcadio Maxilom is convened for a meeting in Pardo, which had been set up as headquarters of the Republic after Cebu City was occupied by the Americans. Discussed by the council is the problem of local leadership and the plan of resistance against the Americans.

March 22 1850 A royal decree creates the parish of Pinamungajan under the patronage of Saint Monica; it is thus separated from Barili.

March 23 1864 A bishop’s decree confirms the erection of San Remegio as a parish, thus separating it from the jurisdiction of Bogo. Its patron saint in San Juan Nepumuceno.

March 24 1947 Death of Alberto Ylaya (1875-1947), Cebuano journalist and dramatist.

March 25 1898 Spanish soldiers massacre many Visayan sailors on Calamba Street in Manila. This is cited as a contributory factor to the April 3 anti-Spanish uprising in Cebu.

March 26 1970 Death of one of Cebu’s most popular writers, Sulpicio Osorio (1898-1970), known as “Sulposor”.

March 16 1949 Julio R. Rosales of the secular clergy is appointed as the second archbishop (and 22nd bishop) of Cebu.

March 27 1945 Cebu City is taken by American forces with no opposition from the Japanese. Elements of 132nd and 182nd US Infantry Regiments of the American Division occupied the city, and thus ended Japanese occupation of the capital.

March 17 1957 President Ramon Magsaysay dies in the tragic crash of presidential plane “Mount Pinatubo” at Mount Manunggal in Central Cebu. Other fatalities include Sen. Tomas Cabili and Cong. Pedro Lopez. Carlos P. Garcia assumes the Philippine presidency.

March 28 1845 The 182nd Infantry Regiment of the US Army takes Lahug Airfield where the Americans encounter the first organized resistance from the Japanese since their landing in Talisay. American Division units also land on the Opon airstrip and push to clear the Mactan airstrip.

March 18 1957 Carlos P. Garcia of Bohol is formally sworn in as President.

March 29 1881 Santa Fe is established as a parish by royal decree, under the title of the Dulcissimo Nombre de Hesus.

March 19 1954 The Salesian Society of Don Bosco is established in Cebu City.

March 30 1945 After suffering heavy losses, the 182nd US Infantry Regiment stages an assault on Go Chan Hill near Cebu City. By dusk, the area is cleared of Japanese soldiers.

March 20 1944 Wartime President Jose P. Laurel, on a visit to Cebu, delivers speeches calling for peace and an end to the armed resistance against the Japanese.

(Entries were culled from Cebuano Studies Center, San Carlos University.)

March 31 1945 The battle of “Liberation” continues in Cebu. Bitter fighting rages in the suburbs of Cebu as US Army units battle the Japanese in the areas near the Bahisan Reservoir and the Lahug Airfield. The City’s water supply sources are finally cleared April 12.

CEBU MONTHLY 21

FEEDBACK

T Spices of Life

by Evangeline Lavilles de Paula

Provincial Consultant on Developmental Communication Special Projects.

254-2253 evangelinedepaula@ yahoo.com

Life’s Golden Years

he Philippines is largely populated by a young generation. Old people are much fewer. And I belong to the latter group. Nobody wants to grow old. But it is a much greater blessing than the alternative – to die young.

In our younger years we study, we work, we marry, we raise families. These endeavors are by no means easy. We undergo “blood, sweat, and tears.” As we grow older, we start harvesting the fruits of our labor – finished school, found jobs, earned promotions, watched children grown up and having lives of their own.

In the meantime, we see physical changes ourselves. We do not dread pimples anymore, but wrinkles. There is, however, no need to be ashamed of wrinkles. They are the silver stripes of life. What is more important is to keep the heart unwrinkled for this is a triumph over old age. Our hair turns gray, then white. Again white hair is not a cause to regret. It is a sign of wisdom. Our heads may be as white as snow, but

as long as our hearts are red like fire, we are not old.

As a popular joke goes: “Age is a matter of the mind. If you don’t mind, it doesn’t matter.” People grow old only when we lose our sense of humor, when we desert our values, when we stop learning. Education never stops. It starts “at the womb and ends at the tomb; from the sperm to the germ.”

Examples of “ageless” people are the famous octogenarians – like Benjamin Franklin who helped draft the U.S. Constitution at 81, Michelangelo who painted his famous masterpieces in his late eighties, and Toscanini who conducted orchestras at 87.

In old age, loneliness is a malady. Friends are getting few, our children live their separate lives. But one can never be alone. We had planted a tree of memories. In the secret places of our hearts we can rewind our lives where we can wrap and unwrap the gifts of memories.

Yes, we may not have high positions, but we still can have pleasant dispositions. We may have less aptitude, but we can have better attitudes. We may have less ability, but more availability.

Yes, we all grow old, but we can also grow better.

Salamat Tay ug salamat Nay

D Tingog sa Lungsuranon

by Popcy Jules Regner

aghan sa atong mga kabatan-onan karon nga wala gayud na-kaeskwela ang uban naka sulod ug eskwelahan, pero wala nakahuman sa pagtoon, tungod sa kalisud walay ika lahutay sa pagasto, sa pag eskwela.Pero dakung garbo sad sa mga ginikanan, nga naka paeskwela sa ilang mga anak ug naka pahuman niini, bisan sa singot sip-on ug luha ang nag – abot para mahuman lang si inday ug dodong, sa pagtoon, dakung kalipay sa mga ginikanan niining panahuna.

Adunay mga kabatan-onan karon nga adunay dako kaayo nga interest sa pagtungha pero mao lagi walay ika gasto ang mga ginikanan. Adunay daghan kaayo nga mga alternatibo unsaun pagpangita ug paagi kay daghan sad kaayo karon nga nahuman sa ilang pagtoon, pinaagi sa ilang pagpaningkamot ang uban mu trabaho ug adlaw, mu eskwela ig ka gabie ug ang uban nag working student, sa

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mga tulunghaan, tinood adunay mga scholarship program, ang gobyerno pero dili nila matagaan ang tanan ug gani kung maapil ka sa programa, unsaun na man sad ang imong mga allowances, panggasto sa mga school project plete ug uban pa nga mga gastohanan.

Kinsa ang responsabli sa pag-paeskwela sa kabatanonan? Gobyerno o Ginikanan?

Kining duha adunay dako nga resposibilidad sa pag pa-eskwela sa mga kabatan-onan ug ang labaw sa tanan ang hingtungdan ang tinun-an mismo. Kay daghan kaayo mga kabatan-onan karon nga hayahay adunay igo nga salapi nga makagasto sa pagtoon, pero nagbinuang la mahuman sa pag-eskwela.Ang kakugi sa estudyante ug paningkamot maoy gikinahanglan sa usa ka kalampusan, inabagan sa tabang sa mga ginikanan ug gobyerno. Kay dili sayon ang pag eskwela sa pagsugod ngadto na sa paghuman, ang singot ,sip-on ug luha mag abot. Pero niining tanan ang kahayag nga kaugmaon,maoy nagpaabot sa usa ka tinun-an nga naningkamot ug nag kugi nga siya mahuman sa iyang pagtoon…

Kudos!!! GRADUATES..2013..

I In my yondering

by Gally T. Sayson

The heat was so intense that one could see the simmering heat waves dancing before your eyes.

saw those huge sand dunes that resembled giant craters of the moon. “This is Rub Al Khali,” said the Captain of the Fokker 27 as the aircraft started to descend on a tiny airstrip down below.

Before the plane’s tires touched the ground, I wiped my Tony Lama cowboy boots and put on the wide brim high crown white Stetson.

A pick-up truck was waiting that will take me to the camp just about two kilometers from the airstrip. The camp was surrounded by fluorescent lamps generated by two giant Caterpillar generators, making night seemed to be daytime.

Just as night started falling, a huge hairy venomous camel spider big as a person’s palm prowled every doorstep. One should wear high boots to protect themselves from those hairy monsters.

If you chased them, they’d run, but if you don’t stop they’d chase you instead. The place was crawling with vermins.

The camp and rig was surrounded by sand dunes a thousand feet high or more, and there was not even a single tree. Good thing there were wild bushes that we used as firewood for chicken barbeque. I wondered if animals could survive in those places, but found later that gazelles were abundant.

The desert floor was well paved as if some grading machine had leveled it aside from nature. I noticed cracks in the ground, scooped up a white substance and washed it with water from my jug. When I tasted it, I knew that the desert floor was covered in three inches of pure salt.

The water hole was about 20 kilometers from our camp, the one we used for drinking. It had been left open since it was drilled

BW

BLACK AND WHITE with all the grays in between by thelifepainter

God’s Forsaken Place

I

many years ago. The water flowed freely without any pump until the over-flow became a small lake, with trees growing around it.

Gazelles, rabbits, foxes and even camels had made it their watering hole and sanctuary. Camel dung was all-over and that made the water dirty. Although in the middle of the desert, the water was fresh.

Before using it for human consumption, a meco machine will purify it to make it like spring water. In the months of March until mid October, it was quite normal to consume 2 gallons of iced water a day. The heat was so intense that one could see the simmering heat waves dancing before your eyes. Mirages were a common sight as if you were surrounded by streams of water, an optical illusion in which image of distant objects can be seen.

Sand storms were quite ordinary and when they struck, you could see another person even if they were just a few feet away.

Although the cold season lasted only for a few months, sometimes it was worse in the summertime. One should be accustomed to the whistling sound of chilly wind that blew in your ears and the disturbance of running nose.

Beware, too, of a scorpion or tarantula, not counting the dangers from sidewinders and cobras, or the prowling packs of wolves.

Although rooms were airtight, some smaller vermins could slip through gaps in walls and aircon units.

In spite of all these hazards, men like us toiled day and night to get the oil out from beneath the ground, braved and defied whatever obstacles simply because everybody needed to earn a living.

For all the dangers and hazards in Rub Al Khali, oil remains abundant. It is that black gold that transformed the forsaken land into an El Dorado for many oil men and job seekers.

used to have a black & white view or right & wrong view of everything and that there are no gray issues but as my life progressed I have come to realize that most things in the world are either! They are just different.

There’s nothing wrong with different and we can let things be different, we don’t have to try to make them black or white, we can just let them be gray.

Gray is after all a continuum combination of black & white.

FEEDBACK

This column aims to listen to all your different shades of gray in your life. Your health, life, love and other concerns are most welcome and I will be more than willing to share my shade of gray to contribute to your palette of life.

All letters, queries or whatnots can be addressed to blackandwhite33@ymail.com or hand carried to the PIO of the Province of Cebu.

YA-NGO-NGO Sa kanunay mahatagan ug pagtagad ang problema sa katawhan sa tibuok lalawigan sa Sugbo ug maaksyonan sa labing dali nga panahon.

Pwede kamo nga mupadala sa inyong nga problema i mga hulagway nga inyong nakita nga nagkinahanglan ug solusyon, Pinaagi sa pag email popcyjules@yahoo.com o cellphone no. 09227782252

FEEDBACK Contributions from our readers are our feedback, which we deeply appreciate. The “Spices of Life” of Ms. de Paula need not be the only contribution to Cebu Monthly, for we thirst for more. Expressions through writing mold the essence of Cebu Monthly. Email your contributions to: popcyjules@yahoo.com or cellphone no. 09227782252

CEBU MONTHLY 23

FEATURE STORY

Dalan sa Krus 2013

B

antayan, Forest Hills (Banawa, Cebu City), St. Benedict Monastery (Carmen), Carcar City. Kini ug uban pang lugar sa lalawigan maoy sagad mosantop sa hunahuna sa mga tawo kon mga kalihukan sa Semana Santa na ang hisgutan.

by Roger Serna Wa kini magpasabot nga way gihimo ang ubang mga parokya.

Mas nadungog ug nainila lang ang uban sa lainlaing hinungdan.

Usa sa mga ‘kalma nga parokya pero rock’, kon mga batan-on pay pasulti-on, mao ang Immaculate Conception Parish sa Oslob. Bisan pa sa sunog nga milamoy sa mga imahen sa maong simbahan, ang parokya mibangon aron mopadayon sa unahan.

Daw wa ray nahitabo tungod kay sa miaging Semana Santa, kompleto ang casting sa mga characters sa pasyon sa Manluluwas.

Usa sa mga kalihukan nga gidugok sa mga parokyano ug mga dumuduong mao ang Dalan sa Krus sa Biyernes Santo. Alas 4 sa kaadlawon nagsugod ang paglakaw sa tulo ug tunga ka

24 MONTHLY 24 CEBU Sugbo

kilometro nga rota diin ang duha ug tunga ka kilometro nagtungas na sa bungtod sa Kan-anaw.

Kada istasyon mga batan-on ug hamtong gitahasan paglarawan sa esena. Makapanlimbawot sa balhibo ang gidaghanon sa misungasong sa kasayo sa pagsugod sa kalihukan, sa kataas sa rota, sa kahangak sa pagtungas ug sa kainit sa adlaw sa tumoy na sa kalihukan.

Bisan pa man niini, ang pagtambayayong sa mga parokyano aron magmalampuson ang maong kalihukan ug sa uban pang gihimo sulod sa Semana Santa nagpakita nga buhi ug wa pa maluya ang pagtoo sa mga Oslobanon taliwala sa mga pagsulay ug mga hagit nga gipakita sa mga modernong butang, kahimanan ug teknolohiya.

SUGILANON

Ang Kamatayon sa Krus

N

iadtong panahon sa atong Ginoo, ang labing bug-at nga silot sa nakalapas sa ilang balaod mao ang kamatayon sa krus. Kun sa ato pang panahon, katumbas kana sa kamatayon sa silya elektrika.

Apan ang silya elekrika dili mag-antus ang kriminal sanglit patyon siya niini sa kalit ug sa pipila lang ka minute. Wala hisgoti kon kinahanglan ba gayod nga ilansang sa krus ang usa ka makasasala. Daghan sa mga kriminal nga gigapos lang sa krus apan patindogon kini ilalom sa kainit sa adlaw.

Ang kagutom ug kauhaw lakip ang kainit sa adlaw igo na nga mopatay sa tawo nga anaa sa itaas niini. Pun-an pa sa kaulawan nga bation sa anaa sa krus sanglit niadtong panahona, wala pa mauso ang brief o kaha kansonsilyo ug ang panty sa mga babaye. Busa ang ilansang o kaha gaposon diha sa krus, hubo gayod (totally naked).

Polite lang ang nag-dibuho sa larawan sa atong Ginoo okay iya pa man nga gibutangan og bahag.

by Gally T. Sayson Apan angay natong mahibaloan nga ang atong Ginoo dili bout mahiagom siya sa kamatayon sa krus. Iya kining gipakita sa iayang pag-ampo sa Amahan didto sa tanaman sa Getsemane nga matod pa niya, “Amahan ko, kun mahimo, ikasaylo kanako kining kopa, (ang mahitungod sa iyang kamatayon sa krus) apan dili ingon sa kabubut-on kondili ingon sa imo.”

Busa gidawat sa atong Ginoo ang kamatayon sa krus sanglit mao kana ang kabubut-on sa Amahan nga maoy nagsugo kaniya.

Nahibalo na siyang daan sa iyang dangatan ug kun unsa kasakit ug maka-uulaw ang iyang mahiagoman apan gipalabi niya ang tanang kasakit ug kaulawan, matuman lang ang kabubut-on sa Amahan.

Amen ang atong Ginoo. Buot ipasabot nga wala siyay supak sa tanang gusto sa Amahan.

Amen. Oo, bisan sa kamatayon sa krus.

Ingon niana ka mapina-ubsanon ang atong Ginoo sa kabubut-on sa Amahan.

Inahan, tan-awa ang imong anak

by Gally T. Sayson “Iya Meding! Iya Meding!” gisangpit ni Lormel ang inahan ni Rico.

“Adtoa una to si Rico kay nakig-away na usab.”

“Hain man dapita?”

“Tua sa may merkado, hubog ug nanghagis didto.”

Si Rico ang gika-intapan nga pinakamaldito sa barangay Mangiulawom. Kun away ang hisgotan, walay sibogan si Rico ug kini napamatud-an na sa tibuok barangay ang iyang kaisog. Kun dili kini maka-inom, di man kini mangita og away, sa higayon nga maka-inom kini, anha na kini manghagis.

Kun unsa ka ngil-ad si Rico labi na kun mahubog, ingon sa nating karnero kini sa atubangan sa iyang inahan. Moduko lamang kini kun ang inahan na ang motingog.

“Pauli sa ato, Rico,” mimando ang inahan sa anak, “sige, pauli,” walay tingog si Rico nga mipauli.

Didto sa balay nianang paka-gabii, “Dili ka na ba magbag-o anak – unsaon na man lang kun mamatay ako? Kinsa pa may mobadlong nimo?”

Mimaymay sa Iya Meding nga naghilak. Hapit na ang Biyernes Santo, anak, magbag-o kana luya na ako” Migakos si Rico sa iyang inahan, “Mama, dili ko gusto nga mawagtang ka sa akong kinabuhi, apan, nakagamot na sa kalawasan ko ang gahum sa alak ug maglisud na ako sa pagbiya niini.”

“Luya na ako, anak, ug dili na tingali ako magdugay. Apan buot ko nga magbag-o ka na una ako mopanaw.”

Mihilak si Rico nga naggakos sa iyang inahan. “Mama! Paninguhaon kong magbag-o apan ayaw pagsulti nga hapit ka na mopanaw. Kun ugaling mopanaw ka, Ma, moapas ko nimo kay dili ko mabuhi nga wala ka.”

Milabay ang mga adlaw, wala na mosuroy ug wala na mahubog si Rico. Miabot ang Biyernes Santo ug nianang buntag mihangyo si Rico nga magpalansang sa krus. Gikauyonan sa kadagkoan sa kapunongan ang hangyo ni Rico. Nianang alas tres sa hapon nahibaloan ni Iya Meding nga ilansang si Rico sa krus. Iya dayon kining giadto aron pugngan apan didto na sa itaas sa krus si Rico.

Pagkakita ni Rico sa iyang inahan, misinggit kini, “Inahan ko! Sudonga ang imong anak!”

Natumba si Iya Meding nga nagsud-ong kang Rico nga nagtabisay ang dugo sa mga kamot ug sa mga tiil niini. Ila dayon gidala sa ospital apan nakabasan gayud ang kinabuhi. Nianang bag-ong gabii, didto sa ospital, ilang gipatambalan ang mga samad ni Rico. Apan sa pagkahibalo ni Rico nga patay na ang iyang inahan, miutong kini ug nabugtoan ug ginhawa.

Nianang pagkasunod gabii, tibuok barangay Mangi-ulawon ang naglamay sa duha ka haya.

25 CEBU MONTHLY SUGBO 25

LOCAL COLOR

Soli-Soli Festival San Francisco, Camotes

H

eld every third Sunday of March, the Soli-Soli Festival is one of San Francisco, Camotes Island’s cultural highlights as a thanksgiving to their patron, St. Joseph, the worker. The festival features freestyle street-dancing competition using soli-soli plant, which is the town’s major product used for bags, hats, mat weaving and other handicrafts.

This year, the Soli-Soli Festival was staged at Central School where contingents from different schools competed for the spotlight.

There were six in total: Pundok Kabataan sa Daang Lungsod of Lorenzo C. Tanza Memorial Nat’l High School, Kulturang Campillohanon of Campillo Progressive School Inc., Pundok Timubo of Cabongaan Nat’l High School, Pundok Pag-ambakan of Santiago Nat’l High School, Pundok Kaisikas of Camotes Nat’l High School and Pundok Lapyahanon of Consuelo Nat’l High School.

The festival opened with street dancing, passing through the town and ending up at the Central School for the final showdown. PB Members Antonio Miguel Magpale and Jude Sybico together with San Francisco Mayor Aly Arquillano were among the honored guests as excited onlookers fill the arena. In his speech, Hon. Mayor Arquillano expressed his humble gratitude to the people who shared their time to make the festival successful.

Pundok Kaisikas nabbed the title of Grand Champion, with Pundok Lapyahanon, who also won Best Decorated Audio Van, coming in at a close second. Pundok Kabataan sa Daang Lungsod finished third and grabbed the awards for Best in Costume and Best in Street Dancing. Pundok Timubo was awarded the Best in Andas. The festivities culminated in a grand fireworks display that illuminated the sky.

26 MONTHLY 26 CEBU Sugbo

by Lee dela Cerna

CEBUANO SECTION

CEBUANO KA?

O

by Dr. Henry L. Yu, M.D.

ccasions and celebrations do come and go. Happening now, gone tomorrow. Yes, just like seasons in the sun. After the Holy Week comes graduation, then the summer holiday, Labor Day, school opening, Independence Day, etc. Cebu really never runs out of celebrations, and along with these, the sale promos at the mall or anywhere else. Where but in Cebu? But proud to be a Cebuano.

Aren't you?

Cebuano ka ba o Cebuano ba ka? Yup, you're a Cebuano if...

1. You have no "L" in your vocabulary - Bay, Wa, Di. 2. You know the meaning of the words mosuroy, manglimbong, mangilad, maningkamot, mamakak, makighimamat, lumad.

3. You know the meaning of such modern short-cut terms - naning, promdi, McDo, spag.

4. You know the difference in meaning of nalibang, nakalibang, nagkalibang, nagkalibanga.

5. You know Vino Kulafu, Rufina Patis, San Mig. 6. You know Titay, Shamrock, Alejo, Villalonga, Didang.

7. You know where Fuente, Colon, Junquera, Taboan, Pasil, etc.

8. The family names Osmena, Gaisano, Ludo, Rama, Singson, Cuenco, ring a bell to you.

9. You would miss eating lechon or sinugbang baboy or isda with your hands.

10. You make dodo your pan de sal to your kape.

11. You bring danggit, otap, dried mangoes, or even one whole lechon, as pasalubong to friends and relatives.

12. You're familiar with Sutukil, budbud, bibingka, masareal, otap, rosquillos.

13. You know where Gaisano Colon, Lao Eng Chong, White Gold, Taoist Temple, BTC, STK, JY Square, etc.

14. You ask a friend when you bump into him in the mall: "Nag-unsa ka?" or "Ikaw ra?" or "Kinsa imong kuyog?"

15. You say "Bitaw" and "Mao gyud" if and when you agree on something.

16. You say "Puerya buyag" when somebody appreciates your beauty or talent.

17. You say "More pa, mamatay pa ko" when you try to tell the truth, while making a cross sign with your fingers.

18. You know how to sing "Usahay", "Matud Nila", "Bisan Sa Damgo Lang".

19. You feel happy and excited when you meet a fellow Cebuano in Manila or in the U.S. 20. You use "Bai" or "Dong" or "Day" in addressing a person whose name you don't know.

21. You knock on wood and say "Simba ko lang palayo" when you don't want something bad to happen or to drive bad omen.

22. Your Tagalog is a mixture of sort - "Mag-inusapay muna kayo diyan", "Huwag mong katihin ang likod mo", "Ang mahal naman, patawarin mo ako", "Huwag mong libugin ang utak ko.".

23. You are reading what you’re holding now. And then you smile just because....

Pukaw sa Nagmatang Natug

by Ramon Gallardo

Bangon na gikan nianang banig Nga naglunang sa kasal-anan Ipangwilik kanang mga lapok Sa kahilayan nga namilit sa Imong alimpatakan.

Ayaw pasagding mauga kana Ug magkamuritsing kang moatubang Sa salamin sa imong panumdoman Aron di ka sudyaan sa imong kagahapon Nga motulisok kanimo sa taman.

Bukha ang imong mga mata Sa kamatuoran nga dugay nang Gisalimbongan sa pagpakaron-ingnon Ug ayaw hulata nga yogyugon ka Sa linog sa kaangayan.

ABOUT THE POET

The Sleepy Santo Niño after 400 Years Sculptor Fidel Araneta from Bogo City, Cebu popularized wooden image of the “Sleepy Santo Niño”.

Photo from andalltheangelsandsaints.blogspot.com

Ramon Gallardo is in government service for the past 19 years.

During his early years, he worked as a newspaperman in The Freeman and then ventured into broadcasting in DYLA and ABSCBN TV Patrol Central Visayas before landing a career in the Cebu Provincial Information Office.

Malisod pukawon ang Nagmatang natulog Kay nagtuong nagdamgo Ug dili diay tinuod, Salimuang ra unya Ang sangputan ug Ulahi na ang tanan Kon mapugwat sa Kamatuoran.

27 CEBU MONTHLY SUGBO 27

SUPPLEMENTARY SECTION

Beyond the Commerce of Man

by Atty. Jonathan P. Capanas, CPA Dean, School of Law, University of San Jose- Recoletos

E

veryone normally desires to live in an orderly and civilized community where opportunities for people to grow and prosper individually or as a group abound. It is a common yearning among peoples of the world regardless of age, color, race or religion.

An orderly place generally reflects how its inhabitants enjoy living a peaceful and promising life.

The experiences of every community that made great strides forward in terms of social and economic development would provide a skeletal framework built on certain principles and policies that can serve as our guide, if we are to follow their footsteps. Many of these principles are not at all new in our country; they have been made legally available for our citizens to invoke and for our leaders to apply. Unfortunately, in our country a good number of these principles are more honored in breach than in their observance.

Let’s take the case of the provision in the New Civil Code, particularly in Section 420 thereof which provides for certain rules about property of public dominion which are considered “beyond the commerce of man.” The provision has been couched in plain and simple language that even non-lawyers can easily understand its meaning. It provides an enumeration of properties of public dominion and, therefore, considered “beyond the commerce of man.” These properties of public dominion which are intended for public use include roads, canals, rivers, torrents, ports and bridges constructed by the state, banks, shores, roadsteads, and others of similar character.

This provision of law, if implemented, will surely help improve the quality of life of our people. Just imagine how wonderful it’s going to be if we are able to stroll on the sidewalk along our streets without impediments, no vendors, no illegal structures, the path is clean and wide enough for us to stroll with our loved ones; or think of the pleasant experience if we are able to visit our local parks or plazas to meditate or reflect while our children play without being disturbed by ambulant vendors or by the smell of garbage and human waste. The concomitance of orderliness cannot be measured just as the effects of laxity in the enforcement

of the law can be chaotic if not devastating.

It does not need a well-trained eye or an in-depth investigation by an expert before one can take notice of the extent the rule under Section 420 of the New Civil Code has been violated in our jurisdiction. Look at our public streets, sidewalks, riverbanks, seashores and even some parks; they are being appropriated for private use to the point that they could no longer be effectively used according to their intended purpose. Many of those who are keen to observe, whether foreigners or local, could not help but ask the normative questions: has the concept of public dominion pertaining to properties considered beyond the commerce of man already been defaced from Philippine statutes? Is appropriating property of public dominion now legally permissible in this country? Is blatant disregard of the law already a way of life in the Philippines?

What makes the situation worse is when our government authorities turn their blind eye on the transgression committed right in front of their faces. They demonstrate the aura of helplessness as anarchy spreads; it would seem that no one wants to commit the tragic mistake of provoking the democratic might of the electorate. It is even worse in some places because their local government would somehow give their tacit approval to the violations by collecting fees from the violators. As a result, the vending stalls have spilled from the sidewalks to almost the middle of the streets, the plazas are turned into markets and the river banks are already full of tenements.

Our streets and sidewalks have deteriorated increasingly to the prejudice of the community. These structures that impede the flow of the traffic and obstruct the way of the people, in the words of the Supreme Court in the case of Felicidad Villanueva et al vs. Hon. Mariano Castaneda, et al. (G.R. No. l-61311, September 21, 1987), “are considered public nuisance and therefore, subject to abatement in accordance with law.” The problem caused by the usurpation of these public places is covered by the police power under the general welfare clause.

But whose job is it to do this arduous and challenging task of enforcing the law? Do our public administrators have the discretion to pragmatically and unilaterally decide which law to apply and what provisions of law shall be relegated to the background thus making them virtually ineffectual?

This provision of law, if implemented, will surely help improve the quality of life of our people.

28 MONTHLY 28 CEBU Sugbo

The provision in Section 16 of the Local Government Code of 1991 (RA 7160) is so instructive. It says, “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.

Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improving public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.” (emphasis supplied) It is clear from the afore-cited provision that the task of preserving the properties intended for public use is part of the duties of our local government officials. It is covered by their oath of office when they swore to uphold the Philippine Constitution as well as the other laws of the land. But is there a provision of law upon which the practices of local government units are being anchored to close some streets, especially during fiesta celebrations and other similar occasions? The Local Government Code likewise provides answer to this question.

Section 21 (c) of the Local Government Code provides that “ Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, that no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic, activities not officially sponsored, recognized, or approved by the local government unit concerned.”

The same section of the law, particularly in letter (d) thereof, further provides that “Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.”

Apparently, the Local Government Code of 1991 grants the power to the Local government units to close, either permanently or temporarily, any public street, road, alleys and other public place under certain conditions and upon the observance of certain standards. However, our local government officials should exercise this power to close a street or any public place judiciously, not capriciously. If a road is closed particularly in urban areas, it could immediately trigger traffic congestion due to the heavy volume of motor vehicles that would likely be displaced. Whatever economic benefit that can be derived out of the closure of the road or public place may easily be outweighed if not totally obliterated by the adverse consequences of the traffic problems and the inconveniences experienced by the general public, most especially the taxpayers.

If the purpose of closing some streets is to provide our people with economic opportunities, then it is about time for our political leaders and government managers to think of something new or other unique ways of creating economic development that will truly bring about a better quality

of life for everyone. They should find ways of providing the underprivileged and disadvantaged masses the opportunity to earn a living and yet maintain an orderly environment. The economic programs of our public officials should not undermine but give spirit to this well-entrenched principle of law about properties of public dominion and lend credence to their avowed commitment to promote the general welfare.

Many of us will surely appreciate if our elected public officials will maintain their passion for hard work and service for the people while in office. They should find time to go on foot and check our streets, alleys and sidewalks (just like what they are doing during their campaign when they roam around), at least once a week, if not every day, and experience the inconveniences and dangers faced by the motorists and pedestrians alike due to the illegal structures that block their way like posts, vending stalls and all other forms of nuisance.

Today, what we need are leaders who are competent and credible. We need leaders who have the will and the courage to enforce the law to promote public order by removing all illegal and unnecessary barriers in our streets, alleys, sidewalks and other public places; leaders who can inspire our people to respect and observe the rule of law. We need leaders who truly believe that indeed, there are still properties of public dominion that are beyond the commerce of man because these properties are intended to help improve our living conditions as a community and as a nation.

Yes, we can still create a more livable community. But for this to happen, we must first uphold the law and enforce discipline.

Many of us will surely appreciate if our elected public officials will maintain their passion for hard work and service for the people while in office.

CEBU MONTHLY SUGBO 2929

FISHERIES & AQUATIC RESOURCES ORDINANCE Republic of the Philippines Province of Cebu SANGGUNIANG PANLALAWIGAN Cebu Capitol, Cebu City 12th SP

12th

Res. No. 691-2012/Ord. No. 2012-05

Session

Vice-Governor/Presiding Officer Presiding Officer Pro Tempore Majority Floor Leader Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member (PCL) Sanggunian Member (FABC) Sanggunian Member (PPSK)

ON LEAVE: Hon. Joven J. Mondigo, Jr. Hon. Arleigh Jay C. Sitoy

Assistant Majority Floor Leader Sanggunian Member

m) Active fishing gear - is a fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and seating the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bagnets, paaling, drift gill net and tuna longline. n) Fishing vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1) or move vessels in the performance of any activity relating to fishing, including, but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing.

d.) to establish the Cebu Provincial Anti Illegal Fishing Task Force, to be known both as CPAIFTF and “Task Force” with the specific duties and responsibilities of enforcing coastal fishery laws and assisting municipal and city government units in protecting their municipal waters;

o) Fishing with Explosives - the use of the dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound will kill, stupefy, disable or render unconscious any fishery species. It also refers to the use of any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat.

e.) to establish the Cebu Provincial Fisheries and Aquatic Resources Adjudication Board to be known both as (FARAB) or “Adjudication Board” with the specific duties and responsibilities of conducting summary proceedings on administrative violations.

Sec. 4. Application of its provisions – The provision of this ordinance shall be enforced in all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fish pens/ cages in all municipalities and component cities under the territorial jurisdiction of the Province of Cebu.

AUTHOR : HON. THADEO Z. OUANO CO-AUTHOR: HON. SUN J. SHIMURA

p) Fishing with Noxious or Poisonous Substances - the use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat.

Sec. 5. Territorial Jurisdiction of the Province of Cebu. The coastal and marine territory of the Province of Cebu shall be the contiguous municipal and coastal waters of all municipalities and component cities of the province.

WHEREAS, it is the policy of the state to achieve food security as the overriding consideration in the utilization, management, development conservation and protection of fishery resources in order to provide the food needs of the population, compelling need to increase the production of fish to bring down its price to a level which will be within the reach of our people and to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk;

q) Fish and Fishery/Aquatic Products - include not only finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form.

Sec. 6. Definition of Terms. – As used in this Ordinance, the following terms and phrases shall mean as follows: a) Aquatic Resources - include fish, all other aquatic flora and fauna and other living resources of the aquatic environment including, but not limited to, salt and corals. b) Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. c) Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippines waters.

WHEREAS, fish is one of the major and cheapest sources of protein in the diet of Cebuano people and a great number of Cebuanos in the coastal areas depend directly on the fishery industry for their livelihood; WHEREAS, due to lack of coordination and cooperation among the maritime law enforcement agencies of the government and officials of the affected local government unit in the Province of Cebu, such policy has been seriously threatened by the proliferation of illegal and destructive methods of

r) Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources. s) Fisheries - refers to all activities relating to the act or business of fishing, culturing preserving processing marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof. t) Fishing - the taking of fishery species from their wild state or habitat, with or without the use of fishing vessels.

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l) Fishery Reserve - a designated area where activities are regulated and set aside for educational and research purposes.

c.) to strictly implement the Fisheries Code and other applicable laws for the conservation and protection of fisheries and aquatic resources within the territorial jurisdiction of the Provincial Government and at the same time, limit access to the fishery and aquatic resources of the Province of Cebu for the exclusive use and enjoyment of the Cebuanos for food security and protection of fishery resources in order to provide the food needs of the population;

RESOLUTION NO. 691-2012

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b) to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk, in the preferential use of the municipal waters and for the conservation, protection and sustained management of the Provincial fishery and aquatic resources;

EXCERPT FROM THE MINUTES OF THE 12th REGULAR SESSION HELD BY THE SANGGUNIANG PANLALAWIGAN OF CEBU, IN ITS SESSION HALL, LEGISLATIVE BUILDING, CAPITOL COMPOUND, CEBU CITY ON APRIL 30, 2012.

PRESENT: Hon. Agnes A. Magpale Hon. Julian B. Daan Hon. Peter John D. Calderon Hon. Sergio B. Restauro Hon. Wilfredo S. Caminero Hon. Caesar Ian Geronimo R. Zambo Hon. Alex S. Binghay Hon. Sun J. Shimura Hon. Jude Thaddeus Durano Sybico Hon. Thadeo Z. Ouano Hon. Carmen Remedios Durano-Meca Hon. Jose Ribomapil S. Holganza, Jr. Hon. Aladin Wilyamie P. Caminero

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1 d) Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing to be further classified as: 1. Small scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT ) up to twenty (20) GT;

fishing and utilization of the fishery and aquatic resources in the Province of Cebu which has now reached an alarming stage; WHEREAS, the Local Government Code of 1991 (R.A. No. 7160) empowers local Government Units to adopt measures to enhance the right of the people to a balanced ecology and devolved the management, utilization, development and conservation of the municipal waters and its coastal and fishery resources to the Local Government Units.

2. Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT; up to one hundred fifty ( 150) GT; and

WHEREAS, there is an urgent need to amend, modify, revise and/ or consolidate all ordinances affecting fishing and fisheries to make them more responsive to the needs of the fishery industry.

3. Large scale commercial fishing - fishing utilizing active gears and vessels of more than one hundred fifty (150) GT. e) Coral - the hard calcareous substance made up of the skeleton of marine coelenterate polyps which include reefs, shelves and atolls or any of the marine coelenterate animals living in colonies where their skeletons form a stony mass. 'They include: (a) skeletons of anthozoan coelenterates characterized as having a rigid axis of compact calcareous or horny spicules, belonging to the genus corallium as represented by the red, pink, and white corals which are considered precious corals; (b) skeletons of anthozoan coelenterates characterized by thorny, horny axis such as the antipatharians represented by the black corals which are considered semi-precious corals; and (c) ordinary corals which are any kind of corals that are not precious nor semi-precious.

NOW, THEREFORE, on motion of Member, Hon. Thadeo Z. Ouano, duly seconded by Member, Hon. Sun J. Shimura, be it RESOLVED TO ENACT, as it is hereby ENACTED, the following: Ordinance No. 2012-05 PROVIDING FOR THE CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES IN THE PROVINCE OF CEBU, INCORPORATING ALL FISHERY AND AQUATIC LAWS PERTINENT THERETO.

w) Muro-Ami, a technique, employed on coral reefs, it uses an encircling net together with pounding devices. These devices usually comprise large stones fitted on ropes that are pounded onto the coral reefs. They can also consist of large heavy blocks of cement that are suspended above the sea by a crane fitted to the vessel. The pounding devices are repeatedly and violently lowered into the area encircled by the net, literally smashing the coral in that area into small fragments in order to scare the fish out of their coral refuges. The "crushing" effect of the pounding process on the coral heads has been described as having longlasting and practically totally destructive effects. In the Philippines, it commonly uses children divers to do the pounding of the corals with small stones place in small bags or net bags.

g) Electrofishing - the use of electricity generated by batteries, electric generator and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered.

TITLE OF THE ORDINANCE Sec. 1. Title - This Ordinance shall be known as "The Provincial Fisheries and Aquatic Resources Ordinance of Cebu"

Sec. 7. Establishment of Municipal Fishing Boat Color Coding System – In support of the implementation of Executive Order 305 series of 2004, a color-coding system for registered municipal fishing boats in the Province of Cebu is hereby established. Each municipality and component city in the province are assigned a color separate and distinct from other municipalities and component cities which will be symbolized by flaglets or penants to be displayed on the mast of municipal fishing boats for visual identification. The color assignments will be issued separately through an Executive Order by the Governor within 3 months after the effectivity of this Ordinance and after consultation with the local government units.

h) Fine Mesh Net - net with mesh size of less than three centimeters (3 cm.) measured between two (2) opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency.

DECLARATION OF POLICY Sec. 2. Declaration of Policy - It is hereby declared the policy of the Province of Cebu to accelerate and promote the integrated development of the fishing industry and to keep the fishery resources of the Province in optimum productive condition through proper conservation and protection.

i) Fishing Boat/Gear License - a permit to operate specific types of fishing boat/gear for specific durations in areas beyond municipal waters for demersal or pelagic fishery resources.

Sec. 3. Purpose of the Ordinance – This ordinance is enacted for the following purpose;

j) Fishery Operator - one who owns and provides the means including land, labor, capital, fishing gears and vessels, but does not personally engage in fishery.

a.) to ensure the rational and sustainable development, management and conservation of marine and aquatic resources in the Province of Cebu, consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing the quality of the environment;

Sec. 8. Establishment of Standard Auxiliary Invoice - To ensure that movements of tradable marine and aquatic resources are duly recorded, a uniform auxiliary invoice for all municipalities and component cities in the Province of Cebu is hereby established. The Standard Auxiliary Invoice shall be

k) Fishery Refuge and Sanctuaries - a designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted. p.t.o./

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v) Superlight - also called magic light, is a type of light using halogen or metal halide bulb which may be located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine.

f) Department – as used in this ordinance shall refer to the Department of Agriculture.

The Sangguniang Panlalawigan of Cebu, hereby ORDAINS, that:

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u) Municipal waters - include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from the opposite shore of the respective municipalities.

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issued within 3 months from the effectivity of the ordinance, and after consultation with the local government units.

In case the administrative fine imposed in this provision is not paid, the penalty of confiscation and forfeiture of the vessel and other means of transportation used in violating this provision shall be imposed on the violators.

Three Thousand Pesos (P 3,000.00) per fish carrier, light boat and other support boats.

f. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat – It shall be unlawful for any person, corporation, or entity, to fish with gear method that destroy coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department. “Muro-Ami” and any of its variation, and such similar gear and methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish and other fishery species are also prohibited. In case of violation of this provision, the Province of Cebu, may impose an administrative fine, in the amount of Five Thousand Pesos (P 5,000.00) for each violator, the additional administrative fine, for each violator, in the amount of One Thousand Pesos (P 1,000.00) per kilo of fish or fishery species found in the possession of the violator and only upon confiscation, forfeiture or surrender in favour of the Cebu Provincial Government the equipment, tools and gears used in violating this provision and the said catch. Provided, That the owner/operator of the fishing vessel used in violating this provisions shall be subjected to the same administrative fine provided herein, in addition to the administrative fine payable per person or fish worker.

In case the violator is unable to pay the total amount of administrative penalty, the Province has the right to forfeit the accessories of the vessels in favour of government to include but not limited the net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, block, other equipment, tools and gears and cooler, the total amount of which shall be equivalent to the penalty as computed by a third party assessor.

Fishing Through Explosives, Noxious or Poisonous Substance and/or Electricity. – (1) It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery species in the territorial jurisdiction of the Province of Cebu with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide which will kill, stupefy, disable or render unconscious fish or fishery species, except in cases mentioned in Section 88 of Republic Act No. 8550. The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, or equipment or device for electrofishing in any vessel whether land, sea or air, or in the possession of any person shall constitute prima facie evidence, that the same was used for fishing in violation of law. The discovery in any vessel, whether land, sea or air, of fish caught or killed with the use of explosive, noxious or poisonous substance or by electricity shall constitute prima facie evidence/ presumption that the fish was caught or acquired illegally by the person in possession of such fish. In case of actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing, the Province of Cebu may impose an administrative fine of Five Thousand Pesos (P5,000.00) per violator and accomplices who are but not limited to the spotter, thrower, gatherer and an additional administrative fine, for each violator, in the amount of Five Thousand Pesos (P 5,000.00) per kilo of fish or fishery species found in the possession p.t.o./

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The confiscated corals shall either be returned to the sea or donated to schools and museums for educational or scientific purposes or disposed through other appropriate means.

One Thousand Pesos (P 1,000.00) per unit of functional Global Positioning System (GPS), fish finder, radar, sonar, fathometer, binocular, night vision goggles or camera, communication equipment, scuba diving gear, , and power block with winch;

SEC. 10. Prohibited Acts and Penalties – Consistent with the provisions of Republic Act No. 8550, the following activities are prohibited within the territorial jurisdiction of the Province of Cebu, and therefore may be prosecuted in accordance with the provisions of Republic Act No. 8550, provided, however, that the accused may opt for the payment of the penalty and administrative fine as provided hereunder and subject to the provisions of this Ordinance.

c. Use of Fine Mesh Net – It shall be unlawful for any person to engage in fishing using nets with mesh smaller than with which may be fixed by the Department: Provided, That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and anchovy, alamang and such species which by their nature are small but already mature as identified in the implementing rules and regulations by the Department. In case of violation of this provision, the Province of Cebu may impose the administrative fine in the amount of Three Thousand Pesos (P 3,000.00) for the commercial fishing vessel Captain or the three (3) highest boat officers and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker or person involved in the violation of this provision, the amount of Five Thousand Pesos (P 5,000.00) per fish caught and fishery species caught in violating this provision, and the additional administrative fine of One Thousand Pesos (P 1,000.00) per linear meter of the net used in violating this provision and only upon confiscation, surrender or forfeiture of the fish catch. Provided, That the owner/operator of the commercial fishing vessel/boat who violates the provisions shall be subjected to the same administrative fine provided herein, in addition

g. Ban on Extraction, Gathering, Transporting, Selling, Use or Exporting of White Sand, Silica, Peebles and Other Substances. It is likewise unlawful for any person or corporation to extract, gather, transport, sell or export white sand, silica, pebbles and other substances which make up any marine habitat within the coastal area/zone of the Province of Cebu. In case of violation of this provision, the Province of Cebu may impose an administrative fine of Three Thousand Pesos (P 3,000.00) per violator and the additional p.t.o./

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to the administrative fine payable per person or fish worker. In case the administrative fine imposed in this provision is not paid, the penalty of confiscation and forfeiture of the net used in violating this provision shall be imposed on the violator.

of the violator and confiscation, surrender or forfeiture of the explosives, noxious or poisonous substances and/or electrical devices, as well as the fishing vessels, fishing equipment and catch.

i.

Illegal Use of Superlights – It shall be unlawful to engage in fishing with the use of superlights in municipal waters regardless of the wattage of the bulb. In case of violation of this provision, the Province of Cebu, may impose an administrative fine, in the amount of Three Thousand Pesos (P 3,000.00) for the boat Captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision. In addition thereto, the Province of Cebu may impose an additional administrative fine, for each violator, in the amount of One Thousand Pesos (P 1,000.00) per kilo of fish or fishery specie caught in violation of this provision and only upon the confiscation, forfeiture or surrender of the superlight and fishing gears used in violating this provision as well as the said catch.

j.

Fishing in Overfished Area and During Closed Season – It shall be unlawful to fish in overfished area and during closed season, validly declared as such by law, ordinance, legal issuance or by the Department. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

In case the administrative fine imposed in this provision is not paid, the penalty of confiscation and forfeiture of the fish net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, block, other equipment, tools and gears, used in violating this provision shall be imposed on the violators.

1. Three Thousand Pesos (P 3,000.00) for the commercial fishing vessel Captain or the three (3) highest boat officers and an additional of Five Hundred Pesos (P 500.00) for every person who directly and indirectly caused or participated in the violation as determined by the Province to include but not limited to the following: The owner or operator of the vessel including all partners or incorporators in case of partnership or corporations,, the boat captain, master fisherman, and each registered or unregistered fishworker or person found to be physically and actually present inside the vessel at the time of apprehension;

e. Ban on Coral Exploitation and Exportation – It shall be unlawful for any person, corporation or entity to extract, gather, possess, transport, sell or export ordinary, precious and semi-precious corals, whether raw or in processed form, except for scientific or research purposes. For purposes of this provision, if the violator is a corporation or entity, then all the current and reported officers, directors, partners, proprietors and stockholders of the corporation or entity shall be individually liable and each shall be considered as p.t.o./

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h. Ban on Extraction, Gathering and Harvesting of Samo/Kwapo (Sargassum Polycystum) and other Seaweeds species before they are ready for harvest. It shall be unlawful for any person or corporation to extract, gather, harvest, Samo/Kwapo (Sargassum Polycystum) and other Seaweeds species before it is ready for harvest which makes up also any marine habitat within the coastal area/zone of the Province of Cebu. In case of violation of this provision, the Province of Cebu may impose an administrative fine of Three Thousand Pesos (P 3,000.00) per violator and the additional administrative fine, for each violator, in the amount of One Thousand Pesos (P 1,000.00) per kilo of Samo/Kwapo (Sargassum Polycystum) and other Seaweeds species.

(1) Three Thousand Pesos (P 3,000.00) for the boat captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision; (2) For each violator, the amount of Five Thousand Pesos (P 5,000.00) per kilo of fish caught or fishery species caught while violating this provision and the confiscation, surrender or forfeiture of the said catch.

(3) In addition, an administrative fine may be imposed if the following are used in the violation of this provision; Fish net and rope – One Thousand Pesos (P 1,000.00) per fishing gear Global Positioning System, radar, sonar, fathometer, binocular, night vision, binocular, fish finder and camera, and block – Three Thousand Pesos (P 3,000.00) per unit Fish carrier and light boat – Three Thousand Pesos (P 3,000.00) per unit

b. Commercial Fishing within the Territorial Jurisdiction of the Province of Cebu – It shall be unlawful for any person, corporation or entity to engage in commercial fishing, as provided and defined under the provisions of Republic Act No, 8550, specifically Section 88, in relation to Section 4 (10) and 18 thereof, unless such commercial fishers have an existing agreement with concerned local government units based on an approved ordinance granting permission to fish within municipal waters in 10.1 km to 15 km by virtue of said Republic Act or any other national law, within the territorial jurisdiction of the Province of Cebu. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

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administrative fine, for each violator, in the amount of Three Thousand Pesos (P 3,000.00) per cubic meter of white sand, silica, pebbles or other substance so extracted, gathered, possessed, transported, sold or exported and confiscation, surrender or forfeiture of the subject white sand, silica, pebbles or other substances for its proper disposition. If the administrative fine imposed in this provision is not paid, the penalty of confiscation and forfeiture of the vessel and/or other means of transportation and/or vehicle, used in the violation of this provision, shall be imposed on the violator.

d. Use of Active Gears in the Municipal Waters – It shall be unlawful to engage in fishing in municipal waters within the territorial jurisdiction of the Province of Cebu using active fishing gears as defined in the Fisheries Code of 1998. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

(2) It shall likewise be unlawful for any person, corporation or entity to possess, transport, deal in, sell or in any manner dispose of, any fish or fishery species which have been illegally caught, taken or gathered through the use of explosives, noxious or poisonous substance or through electrofishing devices. in case of violation of this provision, the Province of Cebu may impose an administrative fine in the amount of Five Thousand Pesos (P5,000.00) per kilo of fish or fishery species illegally caught or gathered and found in the possession of the person and only upon confiscation, surrender or forfeiture of such illegally caught or gathered fish or fishery species so possessed, transported, dealt, sold or disposed, in favour of the Province of Cebu. Containers of fish suspected to be caught illegally shall be confiscated and in case of vehicle, whether land, sea or air, found in possession of such fishes shall be impounded by the Provincial Government.

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individual violators under this provision. In case of violation of this provision, the Province of Cebu may impose an administrative fine of Three Thousand Pesos (P 3,000.00) for each violator, the additional administrative fine, for each violator, in the amount of One Thousand Pesos (P 1,000.00) per kilo of coral so extracted, gathered, possessed, transported, sold or exported and confiscation, surrender or forfeiture of the subject corals for its proper disposition.

3. In addition, an administrative fine may be imposed if the following are used while violating this provision: Five Thousand Pesos (P 5,000.00) per fishing gears used in the commission of the offense;

PROHIBITED ACTS AND PENALTIES

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2. An amount of Five Thousand Pesos (P 5,000.00) per kilo of fish caught or fishery species caught while violating this provision and confiscation, surrender or forfeiture of the said catch in favour of the Provincial Government;

Sec. 9. Adoption of the Cebu Provincial Anti-Illegal Fishing Task Force - To ensure that penal provisions of this ordinance are duly enforced, the Cebu Provincial Anti-Illegal Fishing Task Force with its current composition, duties, functions and limitations as specified in Executive Order 21 series of 2011 is hereby adopted. Nothing in this Ordinance however will prevent the Governor from amending the Executive Order.

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(1) Five Thousand Pesos (P 5,000.00) for the boat Captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision; (2) For each violator, the amount of One Thousand Pesos (P 1,000.00) of fish or fishery species caught while violating this provision and the confiscation, surrender or forfeiture of the said catch.

(3) In addition, an administrative fine may be imposed if the following are used in the violation of this provision; Fish net and rope – One Thousand Pesos (P 1,000.00) per fishing gear meter Global Positioning System, radar, sonar, fathometer, binocular, night vision camera, and power block with winch – Three Thousand Pesos (P 3,000.00) per unit In case the administrative penalty imposed in this provision is not paid, the penalty of confiscation and forfeiture of the fish net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, block, other equipment, tools and gears, used in violating this provision shall be imposed on the violators.

(1) Three Thousand Pesos (P 3,000.00) for the boat captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision; (2) For each violator, the amount of One Thousand Pesos (P 1,000.00) per kilo of fish or fishery species caught while violating this provision and the confiscation, surrender or forfeiture of the said catch.

(3) In addition, an administrative fine may be imposed if the following are used in the violation of this provision; Fish net and rope – One Thousand Pesos (P 1,000.00) per linear meter Global Positioning System, radar, sonar, fathometer, binocular, night vision camera, communication equipment, and power block – Three Thousand Pesos (P 3,000.00) per unit Cooler, bañera and sibot – One Thousand Pesos (P 1,000.00) per unit

English Name Girgyllus star shell

Clypeomorus aduncus bent cerith

bent cerith

Recluzea lutea

recluzia snail

Separatista blainvilliana

true separatista

Malluvium lissus

deep sea cap

Strombus thersites

thersite stromb

Varicospira crispate

network beak shell

Tibia martini

Martinis tibia

C. childreni

childrens cowrie

C. beckii

Becks cowrie

C. guttata

Great spotted cowrie

C. porteri

porters cowrie

C. teramachii

Teramachis cowrie

C. martini

Martinis cowrie

C. saulae

Sauls cowrie

C. katsuae

Katsues cowrie

C. leucodon

white toothed cowrie

C. aurantium

Golden cowrie

C. valentia

Prince cowrie

Phenacovolva dancei

dance volva

Cypraeacassis rufa

bullmouth helmet

Phalium coronadoi wyvillei

Wyvilles bonnet

P. glabratum

glabratum smooth bonnet

Morum kurzi

Kurzis morum

M. grande

giant morum

true giant clam

taklobo

T. derasa

smooth giant clam

taklobo

T. squamosa

fluted/scaly giant clam

hagdan-hagdan

T. maxima

elongated giant clam

manlet; manlot

T. crocea

boring/crocus clam

let-let

Hippopus hippopus

strawberry/horse hoof clam

kukong kabayo

H. porcellanus

china/porcelain clam

kukong kabayo

dogfaced water snake

kalabukab

D. SPECIAL PROTECTION FOR VULNERABLE SPECIES (Cebu Province Res.1900-2010/Ord. No.2010-06) Alopias vulpinus

Thresher Shark

Lawihan or Sakol

Manta Birostris

Giant Manta Ray

Sanga

Molidae Mola

Sun Fish

Mola-Mola

m. Capture of Sabalo and Other Breeders/Spawners – It shall be unlawful for any person to catch, gather, capture, possess, transport, deal in, sell or in any manner dispose of mature milkfish or “sabalo” and such other breeders or spawners of other fishery species as may be determined by the Department, except in cases mentioned in Republic Act No. 8550. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

Amusium obliteratum

smudged moon scallop

Eufistulana mumia

club-shaped boring clam

(1) Three Thousand Pesos (P 3,000.00) for the boat Captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision;

p.t.o./

Res. No. 691-2012/Ord. No. 2012-05

butanding

Tridacna gigas

Cerberus rhynchops

2. Bivalves:

13

balyena

3. Sea snakes

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Page 14

balyena, bongkaras

2. Clams:

1. Gastropods: Bolma girgyllus

whale shark

Rincodon thypus

A. RARE SPECIES Scientific Name

Brydes whale

Balaenoptera physalus fin whale

The following are the list of Rare, Threatened or Endangered Species of marine mammals, animals and corals as determined by CITES: per Fisheries Administrative Order 208 (FAO) Series of 2001

k. Fishing in Fishery Reserves, Refuge and Sanctuaries – It shall be unlawful to fish in fishery areas declared by law, ordinance, legal issuance and by the Department as fishery reserves, refuge and sanctuaries. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

Res. No. 691-2012/Ord. No. 2012-05

Balaenoptera edeni

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Res. No. 691-2012/Ord. No. 2012-05

p.t.o./

Page 18

B. THREATENED SPECIES

In case the administrative penalty imposed in this provision is not paid, the penalty of confiscation and forfeiture of the fish net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, , power block, other equipment, tools and gears, cooler, banera and sibot used in violating this provision shall be imposed on the violators. l.

Scientific Name

English Name

Local Name

Turbo marmoratus

green snail

laong, bulatok

Trochus niloticus

smooth top shell

samong; simong; tuwad

Barnea manilensis

angel wing shell

diwal

coconut crab

tatus, umang; alimangong lupa

2. Crabs Birgus latro

1. Whales and dolphins Scientific Name

(1) Five Thousand Pesos (P 5,000.00) for the boat Captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision; (2) For each violator, the amount of One Thousand Pesos (P 1,000.00) per kilo of fish or fishery species caught, taken, possessed, transported, dealt in, sold, or disposed in violation of this provision and the confiscation, surrender or forfeiture of the said catch.

(3) In addition, an administrative fine may be imposed if the following are used in the violation of this provision; Fish net and rope – One Thousand Pesos (P 1,000.00) per linear meter Global Positioning System, radar, sonar, fathometer, binocular, night vision camera, and power block – Three Thousand Pesos (P 3,000.00) per unit Fish carrier and light boat – Three Thousand Pesos (P 3,000.00) per unit

p.t.o./

14

Local Name

spinner dolphin

lumba-lumba

Stenella attenuata

Pantropical spotted dolphin

lumbalumba;balakiki

Stenella coeruleoalba

striped dolphin

lumba-lumba

Lagenodelphis hosei

Frasers dolphin

mayahon

Tursiops truncates

long-snouted bottlenose dolphin

lumba-lumba, lumod

Rissos dolphin

lumba-lumba; kabang

Grampus griseus

In case the administrative penalty imposed in this provision is not paid, the penalty of confiscation and forfeiture of the fish net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, power block, other equipment, tools and gears, and means of transport used in violating this provision shall be imposed on the violators.

English Name

Stenella longirostris

Peponocephala electra melon-headed whale

lumod

Feresa attenuata

pygmy killer whale

lumod

Globicephal macrorhynchus

short-finned pilot whale

pakatangambuhatan

Pseudorca crassidens

false killer whale

balyena

Orcinus orca

killer whale

balyena

Steno bredanensis

rough toothed dolphin

lumba-lumba

Kogia breviceps

pygmy sperm whale

balyena

Kogia simus

dwarf sperm whale

balyena

Mesoplodon densirostris

Blainvilles beaked whale

Ziphius cavirostris

Cuviers beaked whale

balyena

Physeter macrocephalus

sperm whale

balyena

Megaptera novaeangliae

humpback whale

balyena

17

Fish net and rope – One Thousand Pesos (P 1,000.00) per linear meter Global Positioning System, radar, sonar, fathometer, binocular, night vision camera, communication equipment, and block – Three Thousand Pesos (P 3,000.00) per unit Cooler, bañera and sibot – One Thousand Pesos (P 1,000.00) per unit Other equipment, tools and gears – One Thousand Pesos (P 1,000.00) per unit Fish carrier and light boat – Three Thousand Pesos (P 3,000.00) per unit

C. ENDANGERED SPECIES

Fishing or Taking, Possessing, Transporting, Dealing, Selling or Disposing of Rare, Threatened or Endangered Species – It shall be unlawful to fish or take, possess, transport, deal in, sell or in any manner dispose of rare, threatened or endangered species as determined by law, ordinance, legal issuance and by the Department.

32 CEBU Sugbo 32 MONTHLY

(2) For each violator, the amount of One Thousand Pesos (P 1,000.00) per kilo of mature milkfish or “sabalo” and such other breeders or spawners of other fishery species caught, gathered, captured, possessed, transported, dealt in, sold or disposed in violation of this provision and the confiscation, surrender or forfeiture of the said catch.

(3) In addition, an administrative fine may be imposed if the following are used in the violation of this provision;

1. Gastropods

Other equipment, tools and gears – One Thousand Pesos (P 1,000.00) per unit Fish carrier and light boat – Three Thousand Pesos (P 3,000.00) per unit

In case the administrative penalty imposed in this provision is not paid, the penalty of confiscation and forfeiture of the fish net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, power block, other equipment, tools and gears, used in violating this provision shall be imposed on the violators. n. Exportation of Breeders, Spawners, Eggs, Fingerling or Fry – It shall be unlawful for any person, corporation or entity to export breeders, spawners, eggs, fingerlings or fry as prohibited by Republic Act No. 8550. For purposes of this provision, if the violator is a corporation or entity, then all the current and reported officers, directors, partners, proprietors and stockholders of the corporation or entity shall be individually liable and each shall be considered as individual violators under this provision. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

balyena

(1) The amount of Three Thousand Pesos (P 3,000.00) for each violator.

(2) For each violator, the additional administrative fine, in the amount of One Thousand Pesos (P 1,000.00) per kilo of such breeder, spawner, fingerlings, egg or fry exported or attempted to be exported and the confiscation, surrender or forfeiture of such breeder, spawner, eggs or fry p.t.o./

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Res. No. 691-2012/Ord. No. 2012-05

Page 19 Res. No. 691-2012/Ord. No. 2012-05

o. Importation or Exportation of Fish or Fishery Species – It shall be unlawful for any person to import or export fish or fisheries species in violation of Republic Act No. 8550. For purposes of this provision, if the violator is a corporation or entity, then all the current and reported officers, directors, partners, proprietors and stockholders of the corporation or entity shall be individually liable and each shall be considered as individual violators under this provision. In case of violation of this provision, the Province of Cebu may impose the following administrative fine:

Page 21

Res. No. 691-2012/Ord. No. 2012-05

Governor is authorized to dispose of the items that may be confiscated, surrendered or forfeited pursuant to this Ordinance in the manner and method he/she may deem fit, proper and appropriate, including the use of said items for the activities, programs and projects of the Provincial Government and/or component local government units. Perishable items, such as fish catch, after the same is determined by the Provincial Government to be fit for human consumption, may be donated to charitable, religious, educational and penal institutions, indigents in the area where the fish catch was confiscated, surrendered or forfeited, and other similar entities. Items that are required by law to be turned over to the appropriate agency, such as corals and explosives, should be turned over to the appropriate agency. Items that may be needed as evidence in a court of law should be preserved in the appropriate manner.

t. Violation of Provincial Color-Coding System- no municipal fishing boats shall be allowed to fish without securing a registration and displaying the assigned color for the municipality/city. Violation of this regulation shall be penalized based on the following: a. First Offense, written warning and reprimand b. Second offense, penalty of One Hundred (100) Pesos and written warning and reprimand c. Third offense, penalty of Five Hundred Pesos and written reprimand

(1) The amount of Three Thousand Pesos (P 3,000.00) for each violator.

(2) For each violator, the additional administrative fine, in the amount of One Thousand Pesos (P 1,000.00) per kilo of such fish or fishery species exported or imported or attempted to be exported or imported and the confiscation, surrender or forfeiture of such fish or fishery species

u. Violation of Standard Auxiliary Invoice- no marine and aquatic resources will be allowed to be transported by land, sea or air vessel without the issuance of the standard or prescribe auxiliary invoice issued in the port of origin. Violation of this provision shall be subject to the following: a. Upon discovery of no or expired auxiliary invoice, the transporter is given 3 hours to secure an auxiliary invoice from the nearest municipality/city agriculturist office b. Upon discovery of fake or fabricated auxiliary invoice, the cargo is confiscated and forfeited in favour of the government.

p. Violation of Catch Ceilings – It shall be unlawful for any person to fish in violation of catch ceilings as determined by the Department. In case of violation of this provision, the Province of Cebu may impose the following administrative fine: (1) Three Thousand Pesos (P 3,000.00) for the boat captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fisherman and/or fishworker, who participated in the violation of this provision; (2) For each violator, the amount of One Thousand Pesos (P 1,000.00) per kilo of fish or fishery species caught while violating this provision and the confiscation, surrender or forfeiture of the said catch.

(3) In addition, an administrative fine may be imposed if the following are used in the violation of this provision; Fish net and rope – One Thousand Pesos (P 1,000.00) per linear meter Global Positioning System, radar, sonar, fathometer, binocular, night vision camera, and block – Three Thousand Pesos (P 3,000.00) per unit Fish carrier and light boat – Three Thousand Pesos (P 3,000.00) per unit In case the administrative penalty imposed in this provision is not paid, the penalty of confiscation and forfeiture of the fish net, rope, global positioning system, radar, sonar, fathometer, binocular, night vision camera, block, other equipment, tools and gears, used in violating this provision shall be imposed on the violators.

Rules and Procedures for the confiscation of vessels shall be set forth by Provincial Fisheries and Aquatic Resources Adjudication Board (FARAB).

All other items forfeited or confiscated which cannot anymore be of use, such as, but not limited to, explosives, noxious and poisonous substances and the like, shall be destroyed and disposed properly in accordance with the standards set by law.

Sec. 15. Fisheries data collection and management. There shall be a Cebu Provincial Coastal and Fisheries Information Database which shall be lodged and managed by the Office of the Provincial Agriculturist. The PCFIDB shall consists the following minimum information: social and demographic profile of coastal barangays to include non-coastal barangays but with significant population of fishers, basic fish species profile, catch composition and other relevant data. The OPA is mandated to create a survey questionnaire and a corresponding electronic database which shall be updated annually.

Sec. 11. Formation of Provincial Fisheries and Aquatic Resources Adjudication Board (FARAB) – The Provincial Fisheries and Aquatic Resources Adjudication Board is hereby created with the following members: 1. Provincial Attorney, Chairperson 2. Provincial Agriculturist or representative, Member 3. Provincial Environment and Natural Resources Officer or representative, Member 4. Provincial Veterinarian or representative, Member 5. Provincial Fishery Officer (BFAR) or representative, Member

Sec. 16. Registration of fishworker or crew member of fishing vessels. All fishworker or crew members must be registered as a fishworker or crew member in the city/municipal agriculture office where they are residing. All fishworker or crew member of a fishing vessel are hereby required to carry proof of their registration whenever they go fishing.

Sec. 17. Settlement, Declaration and Repository of Municipal Water Boundaries. It is mandatory for all municipalities and component cities to settle their municipal and coastal water boundaries based on DAO 1 series of 2004 of the Department of Agriculture, and declare the same through an ordinance within 6 months from the effectivity of this Ordinance.

The duties and responsibilities of the Provincial Fisheries and Aquatic Resources Adjudication Board shall be: 1.

Draft the rules for summary proceedings in adjudicating administrative violations, 2.

Conduct summary proceedings to adjudicate on administrative cases 3.

Transmit decisions to the Office of the Governor for promulgation

In case the municipal and coastal water boundaries cannot be settled amicably between and among municipalities and/or component cities, any of the party concerned may request the Sangguniang Panlalawigan for arbitration. The Sangguniang Panlalawigan sitting en banc as adjudicators shall mediate and decide through votation on the final municipal or coastal waters of the contesting parties. Dissatisfied party/s may appeal the ruling of the Sangguniang Panlalawigan to the regular courts.

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Res. No. 691-2012/Ord. No. 2012-05

Page 23

p.t.o./

Page 22

Res. No. 691-2012/Ord. No. 2012-05

Page 24

21 Sec. 12. Applicability of Administrative Fines and penalties – The administrative fines and penalties provided in this Ordinance shall be promulgated by the Provincial Governor, upon transmission of the Adjudication Board. The Governor shall have the power to review and the right to alter any or all of the decisions of the Adjudication Board.

q. Failure to Comply with Minimum Safety Standards – The owner and Captain of a commercial fishing vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with the safety standards provided in Republic Act No. 8550 or other relevant laws, shall be liable to pay the administrative fine of Three Thousand Pesos (P 3,000.00) for the boat Captain or the three (3) highest boat officers including the owner/operator of the vessel and an additional of Five Hundred Pesos (P 500.00) per fishworker or crew actually on board the said vessel at the time of its apprehension.

Furthermore, municipalities and component cities of the Province are required to submit a copy of the Ordinance declaring their municipal or coastal water boundaries with metes and bounds to the Provincial Environment and Natural Resources Office through the Sangguniang Panlalawigan.

Finally, the Provincial Environment and Natural Resources Office is mandated to ensure there is no overlap, to keep a repository of technical description as certified by NAMRIA, to plot the municipal and coastal waters and finally to produce an official provincial marine and coastal waters map showing the delineated municipal and coastal waters of the province.

Sec. 13. Sharing of Proceeds of Administrative Fines – The proceeds of the administrative fines and penalties imposed in this Ordinance shall be paid to and collected by the Provincial Treasurer and to be deposited and treated as a Trust Fund to be called the Fisheries and Aquatic Resources Development and Protection Fund (FARDEP FUND) which may be used and disbursed for the following purposes: 1. Activities, programs and projects that will promote the rational and sustainable development of the fishery resources in the Province of Cebu 2. Activities, programs and projects that will ensure the proper regulation of fishing activities in the Province of Cebu 3. Activities, programs and projects that will uplift the conditions and status of fisherfolks in the Province of Cebu 4. Activities, programs and projects that will ensure food security 5. Support in defending enforcers accredited by the Task Force against harassment cases 6. However, if the operation and/or apprehension, leading to the payment and collection of the administrative fine was initiated and/or conducted by, or with the active participation and cooperation, of the officials of a component Municipal/City government unit and/or Barangay, the administrative fine so collected shall be shared in the following manner: 1) if apprehension is done with the participation of either a Municipality/component City or Barangay the sharing will be sixty percent (60%) to the component local government unit and forty percent (40%) to the Provincial Government, 2) if apprehension is done with the participation of both Municipality/component City and Barangay the sharing will be forty percent (40%) to the Barangay, thirty percent (30%) to the component City/Municipality and thirty percent (30%) to the Provincial Government, provided, that the said proceeds shall be deposited to the FARDEP FUND.

r. Gathering and Marketing of Shell Fishes – It shall be unlawful for any person, corporation or entity to take, gather, transport, sell, deal in , or have in possession for any purpose any shell fish which is sexually mature or below the minimum size or above the maximum quantities prescribed by law for the particular species. For purposes of this provision, if the violator is a corporation or entity, then all the current and reported officers, directors, partners, proprietors and stockholders of the corporation or entity shall be individually liable and each shall be considered as individual violators under this provision In case of violation of this provision, the Province of Cebu may impose the administrative fine of Three Thousand Pesos (P 3,000.00) for each violator, the additional administrative fine, for each violator, in the amount of One Thousand Pesos (P 1,000.00) per kilo of shell or shell specie so, gathered, taken, transported, sold, dealt or possessed and confiscation, surrender or forfeiture of the subject shell or shell species for its proper disposition.

The confiscated shell or shell species shall either be returned to the sea or donated to schools and museums for educational or scientific purposes or disposed through other appropriate means.

In case the administrative fine imposed in this provision is not paid, the penalty of confiscation and forfeiture of the vessel and other means of transportation used in violating this provision shall be imposed on the violators. s. Unregistered Fishworker or Crew of a fishing vessel – No owner/operator of a commercial fishing vessel shall employ or allow to work any unregistered fishworker or crew member in his commercial fishing vessel. In case of violation of this provision, the Province of Cebu may impose the administrative fine in the amount of Three Thousand Pesos (P 3,000.00) for every month each unregistered fisherfolk, fishworker, or crew member has been employed.

Sec. 18. Mandatory Review – The Sangguniang Panlalawigan shall undertake the mandatory review of this ordinance at least once every three (3) years and as it may deem necessary to ensure that coastal and fisheries policies and guidelines remain responsive to the changing circumstances.

Sec. 19. Provincial Anti-Illegal Fishing Consciousness Week. There shall be a Provincial Anti-Illegal Fishing Consciousness Week which shall be celebrated during the last week of May of every year by all municipalities and component cities of the Province. During the PAIFCW, there shall be competitions among municipalities and component cities as well as awards and recognitions for best practices and best enforcers to be spearhead by the Provincial Government. The Office of the Provincial Agriculture (OPA) in collaboration with the Cebu Anti-Illegal Fishing Task Force shall develop meaningful province-wide activities to include information, education and communication campaigns; competition categories, and rules, awards and prizes.

Sec. 20. Appropriation – The Sangguniang Panlalawigan may appropriate annually the following sum for the specific purpose, thus, stated: 1. the amount of Two Million Five Hundred Thousand (2,500,000.00) Pesos, as subsidy to be used for the campaign necessary to effectively enforce this ordinance, 2. the amount of Two Million Five Hundred Thousand (2,500,000.00) Pesos, to be used for the necessary preservation and maintenance of the equipments used for the enforcement of this ordinance.

Sec. 21. Repealing Clause – Any other ordinances or parts thereof, which are inconsistent with this Ordinance, are hereby repealed or modified accordingly.

Share of Cities/Municipalities and Barangays shall be released within 30 days from receipt thereof.

Sec. 22. Separability Clause – If any portion or provision of this Ordinance is declared unconstitutional or invalid, the other portion or provisions hereof, which are not affected thereby, shall continue in full force and effect.

Sec. 14. Disposition of Confiscated, Surrendered or Forfeited Items – After a detailed inventory has been conducted and after the execution and issuance of the necessary documents, papers and receipts, the Provincial p.t.o./

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23

p.t.o./ 22

SUGBO 333324 CEBU MONTHLY

Res. No. 691-2012/Ord. No. 2012-05

Republic of the Philippines Province of Cebu SANGGUNIANG PANLALAWIGAN Cebu Capitol, Cebu City

Page 25

Sec. 23. Effectivity – This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation as mandated by the Local Government Code.

12th SP

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Session

Province of Cebu

EXCERPT FROM THE MINUTES OF THE 12th REGULAR SESSION HELD BY THE SANGGUNIANG PANLALAWIGAN OF CEBU, IN ITS SESSION HALL, LEGISLATIVE BUILDING, CAPITOL COMPOUND, CEBU CITY ON APRIL 30, 2012.

ENACTED AND CARRIED UNANIMOUSLY. -o0oI hereby certify to the correctness of the afore-quoted resolution.

(SGD) ANECITA G. PASAYLO Provincial Secretary

ATTESTED:

12th

(SGD) AGNES A. MAGPALE Vice-Governor/Presiding Officer APPROVED: May 17, 2012.

PRESENT: Hon. Agnes A. Magpale Hon. Julian B. Daan Hon. Peter John D. Calderon Hon. Sergio B. Restauro Hon. Wilfredo S. Caminero Hon. Caesar Ian Geronimo R. Zambo Hon. Alex S. Binghay Hon. Sun J. Shimura Hon. Jude Thaddeus Durano Sybico Hon. Thadeo Z. Ouano Hon. Carmen Remedios Durano-Meca Hon. Jose Ribomapil S. Holganza, Jr. Hon. Aladin Wilyamie P. Caminero

Vice-Governor/Presiding Officer Presiding Officer Pro Tempore Majority Floor Leader Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member (PCL) Sanggunian Member (FABC) Sanggunian Member (PPSK)

ON LEAVE: Hon. Joven J. Mondigo, Jr. Hon. Arleigh Jay C. Sitoy

Assistant Majority Floor Leader Sanggunian Member

LIVE 24/7

RESOLUTION NO. 691-2012

(SGD) GWENDOLYN F. GARCIA Provincial Governor

AUTHOR : HON. THADEO Z. OUANO CO-AUTHOR: HON. SUN J. SHIMURA

WHEREAS, it is the policy of the state to achieve food security as the overriding consideration in the utilization, management, development conservation and protection of fishery resources in order to provide the food needs of the population, compelling need to increase the production of fish to bring down its price to a level which will be within the reach of our people and to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk;

COPY FOR: All municipalities and component cities Province of Cebu COPY FURNISHED: Hon. Gov. Gwendolyn F. Garcia Hon. Vice-Gov. Agnes A. Magpale Hon. Thadeo Z. Ouano

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WHEREAS, fish is one of the major and cheapest sources of protein in the diet of Cebuano people and a great number of Cebuanos in the coastal areas depend directly on the fishery industry for their livelihood;

AGP/lhs/erna/noa

WHEREAS, due to lack of coordination and cooperation among the maritime law enforcement agencies of the government and officials of the affected local government unit in the Province of Cebu, such policy has been seriously threatened by the proliferation of illegal and destructive methods of

www.cebu.gov.ph

p.t.o./

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34 34 CEBU Sugbo MONTHLY

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Museum Hours Monday - Friday: 9:00 am- 5:30 pm For inquiries and reservation contact: (032) 239-5626 | angmuseosugbo@gmail.com Visit us at our website: www.cebu.gov.ph Like us on: www.facebook.com/angmuseosugbo Museo Sugbo MJ Cuenco Avenue, Brgy. Tejero, 6000 Cebu City, Philippines

About the Museum Museo Sugbo is Cebu’s provincial museum located along M.J. Cuenco Avenue, a part of an old Spanishera district in Cebu City. This was once the Cebu Provincial Detention and Rehabilitation Center (CPDRC), home of the famous dancing inmates. Before it became CPDRC, it was called Carcel de Cebu. Designed by Domingo de Escondrillas in 1869, the building was constructed to be the main prison for the Visayas district.

Withstanding both time and the elements, Carcel de Cebu’s structures made of coral stone and lime mortar have now become Cebu’s history keeper.

The Museo Sugbo has the noble task of reconstructing Cebuano history; Cebuanos have the sheer pleasure of taking a time travel through viewing the museum’s thirteen galleries.

35 SUGBO 35 CEBU MONTHLY

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The premier venue to showcase the best of Cebuano culture and talents Fully Airconditioned State of the Art Lights and Sounds Equipment 1,200 Estimated Capacity Grandeur Lobby Area Office Hours Monday - Friday: 9:00 am - 5:00 pm For inquiries and reservation contact Acting Governor’s Office and look for Christia | (032) 253-2759 Rex Fernandez | +63 923 570 6903

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36 MONTHLY 36 CEBU Sugbo

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