Cebu Monthly - February 2013

The official publication of the Province of Cebu under the provincial Information Office Vol 1. No. 2 | February 2013

www.cebu.gov.ph

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

7 16

FREE

cebu monthly

Inquiries regarding publication in, subscription to, circulation, and claims may be forwarded to the Provincial Information Office (PIO):

provincial news

First Lady of Estonia visits Cebu Supplementary section

Core Values of Public Governance

a brush

with ARTS AND CULTURE With brush in hand, elementary pupils emulate the masters as they huddle over a painting during a workshop held at the Museo Sugbo as part of the Celebration of the Arts and Culture Month.

Healthy Treats

Popcorn A healthy way to your date’s heart by: Heart Rizarri

Aside from romantic dinners, most couples enjoy movie dates.

They are a great way for to spend time together without the added pressure of making deep conversation. But movie dates can be boring if they are not coupled with a light meal or snacks. Good thing popcorn was invented! But do you know that popcorn surprisingly has great health benefits?

So here are 7 reasons why we should eat popcorn: 1. Ounce for ounce, popcorn has more protein and phosphorus than potato chips. (And more iron than eggs and spinach!)

2. Popcorn is a weight watchers dream snack – it’s sugar free, fat free and low in calories. Just 31 calories for 1 cup air popped popcorn!

3. Popcorn is a “whole grain,” which means it’s a good source of dietary fiber. In fact, 1 cup has 1.3 grams of fiber.

4. Popcorn is an incredibly versatile snack. Eat it plain, or spiced, or sweetened, or lightly buttered. Have it dry or gooey. It’s all good.

5. Popcorn is one of the least expensive snack foods on the market today.

6. Popcorn is a great between-meal snack. “Popped corn” is mostly air, which makes it highly effective for staving off hunger cravings without damaging your diet.

7. Popcorn is gluten free. Finely ground, it can be used in place of breadcrumbs for a great crunchy coating on chicken and fish, or seasoned like croutons and topped on a salad.

Reference: www.rdasia.com Image from common2.csnimages.com

cebu monthly The official publication of the Province of Cebu under the provincial Information Office

And that’s it! Never forget to grab popcorn paired with a healthy drink and enjoy the movie with your loved one!

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

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 60,000 copies in circulation.

2 Sugbo cebu monthly

Writers Lee R. Dela Cerna Hearty Marie O. Rizarri Roger P. Serna Contributing Writers Dr. Edgardo Z. Antonio , DODT Roxanne Omega-Doron Hope Sabanpan-Yu

“ Love

A word properly applied to our delight in particular kinds of food; sometimes metaphorically spoken of as the favorite object of all our appetites.

”

- Henry Fielding

about the cover

Contributing Photographer Ma. Cecilia B. Cabañes Circulation Supervisor Jaime S. Yap Jr. Circulation Assistants Joseph N. Concoles George M. Cordeta

“Every child is an artist,” Picasso once said.

This photo of pupils from Tejero Elementary School during a painting workshop lends truth to the popular adage.

PHOTO BY: Ma. Cecilia B. Cabañes background painting by: ROY UGANG

February

CONTENTS

4 8 9

10 11 14

MAIN STORY

A Celebration for love of Arts and Culture

This February we celebrate Cebu’s rich art and culture. Painting exhibits, pottery workshops and bisrock concerts are only some of the anticipated events during the month-long celebration.

KNOW YOUR OFFICIAL

Julian B. Daan - A Talisaynon with a dream From working at the docks as a simple cargo checker to occupying the second most important seat in the Provincial Government, see the man behind the household name.

PROMINENT CEBUANO

The Sculptor and the Scholar Two Cebuanos to be proud of celebrate their birthdays in this month of love. Get to know them and their contributions to our cultural heritage.

SPECIAL EVENT

Breaking Ground for the PIO inauguration PIA7 Regional Director Minerva Newman spearheads the ribboncutting with PGS Head Eva Encabo and Board Members Miguel Antonio Magpale and Arleigh Sitoy, as well as media personnel in attendance.

ENTREPRENEURSHIP

A Sweet Deal #NoFilter New kids in town Lea and Vanessa have a sweet offer you can’t refuse.

Their CMYK Café is a haven for foodies and social media buffs.

SPECIAL STORY

Valentine’s: A Special Day What are your plans on Heart’s Day? Three government employees lay out their secret stratagems to making their Valentine’s Day extra special for their loved ones.

SUGBO 33 cebu monthly

Main Story

A CELEBRATION FOR LOVE OF ARTS AND CULTURE

by Heart Rizarri

P

resident John F. Kennedy said, “If art is to nourish the roots of our culture, society must set the artist free to follow his vision wherever it takes him.”

Some people must have taken this message by heart by valuing the importance of the arts in our society not just as a mere expression of truth and emotion, but of an idea, self-worth, self-identity, relationship and values. Some of those made it a duty and expressed it by continuing to preserve our rich cultural heritage and promote all forms of art and culture.

Bridging the generational gap Last February marked the 2nd year Celebration of Arts and Culture month. The committee chairman, Board Member Miguel Magpale and ViceChairman Board Member Arleigh Sitoy in collaboration with the dynamic officers of Museo Sugbo and Cebu Cultural Center (CCC), held a month-long schedule of activities and events. This year’s theme, “Mga Batan-on: Ang magamuma ug magpaluntad sa atong lumad nga mga hiyas” emphasizes social awareness and responsibility of the young generation in keeping our traditional values alive and intact.

To kick off the month-long celebration, the launching was held at the historical Museo Sugbo last February 1 which was attended by some

4 Sugbo cebu monthly

government officials, university students, representatives of city museums, teachers, artists and exhibitors. Renowned local artists, fine arts students from University of the Philippines (UP) and University of San Carlos (USC) publicly displayed their artworks at the newly opened gallery of the Provincial Museum and Legislative Building of the Cebu Provincial Capitol.

Acting Provincial Vice-Governor Julian Daan had expressed his appreciation and gratitude to Board Member Arleigh Sitoy for authoring the ordinance that established the annual celebration of Cebu Arts and Culture Month. “It’s the only way for each of us to be reminded of who we are and where we come from. We have a beautiful language and we should be proud it,” he said.

Board Member Magpale shared the same sentiment and he added that he will do the best that he can to cw ontinue the vision of Board Member Sitoy by creating more projects that involve the children and the youth to impart and inculcate our traditional values into them for posterity’s sake.

Saturday activities were dedicated to the children. With Ms. Ma. Cecilia Cabañes and Mr. Rex Fernandez acting as hosts, workshops on pottery, painting and basic watercolor painting at the Museu Sugbu found enthusiastic learners and future artists in the Grade 5 and 6 students of Tejero Elementary School. Both teachers and children were very pleased to be involved in these activities as this would make them understand more and appreciate Cebu’s culture and history.

Arts learning and learning through the arts engages the interest of the children, embraces learning preferences, and encourages them to demonstrate their learning in a variety of ways.

Revitalizing the local music scene Widely popular among the young, Bisrock is a recent cultural phenomenon and is instrumental in the revival of Cebu’s local music scene.

This is why Board Member Magpale ensured Bisrock to be part of the celebration by giving free concert performed by Missing Filemon in Danao City last February 23.

On February 28, the most awaited culmination activity was an afternoon of music, dance, literature and art held at the CCC. They showcased talented individuals and artists from different prestigious literary organizations in Cebu and student organizations from UP and USC. Meanwhile, the masterpieces of the winners and finalists of Joya Awards greeted guests and participants at the lobby.

Each presenter gave a delightful performance during the show as they portrayed the different visual arts of the Cebuano culture. An impressive theatrical presentation of the National Anthem was performed by the UP P.E. Class while the UPStage did a few cultural dance numbers. Our very own soprano singer, Maria Kim Martinez stunned the audience with her powerful voice by singing classic Cebuano songs such as “Usahay” and “Sa Kabukiran” along with Basco Fernandez who accompanied Kim with a guitar.

Furthermore, an emotional reading of a poem entitled “Gugma ug Kasakit” was delivered by Women in Literary Arts (WILA) and the USC student organization. To close the program, Focus Production performed a thoughtprovoking stage play that had audiences erupt into a round of applause.

Cebuano talents and organizers were all recognized for their contribution, dedication and unwavering support in making Cebu Arts and Culture Month a success. It was a remarkable accomplishment. But this was just the beginning. In the coming years, the committee hopes to build off their success by having an even bigger, better and more encompassing set of activities and events!

SUGBO 5 cebu monthly

Provincial news

A step higher for Capitol employees

A

s the popular adage goes, “a good deed is its own reward.” But for some people, their good deeds have gone the extra mile, deserving of praise and a tangible incentive.

Recently Acting Governor Agnes A. Magpale promoted 32 Capitol employees to higher positions. The employees who come from various departments have been in the government service at the Capitol for more than five years. Their promotion is based on the required Very Satisfactory rating of the services rendered in their respective offices.

Every six months, Capitol employees are rated on their performance by the concerned section of a department or office tasked to oversee the employees’ monthly working activities. The purpose is to ensure good governance and social responsibility.

Those employees who stepped up the career ladder are Gladys S. Layese, Dentist II, Lilia M. Villasin, Administrative Officer V, Marites A. Nuñez, Administrative Officer III, Delia C. Gerali, Administrative Officer II, Teodula G. Ward, Administrative Officer II, Editha D. Ibo, Administraive Officer II, Antonio T. Ababan, Administrative Officer III, Delia G. Lepiten, Cashier I, Soledad N. Padron, Cashier I, Marphy Y. Limalima, Nurse II, Gregoria Diez, Nurse II, Cheryl R. Reoma, Nurse II, Ellen S. Ponce, Nurse II, Mary Antonia J. Ondoy, Nurse II, Teresita B. Blanco, Nurse V, Monico Carlo B. Giango, Nurse I, Mary Antonette, B. Guial, Nurse I, Gladys P. Tiongzon, Nurse I, Bon C. Castañarez, Administrative Aide VI, Gracia G. Galenzoga, Administrative Aide

VI, Cecilia B. Gulfan, Nurse II, Johnna Kabugason C. Sacayan, Nurse IV, Ana B. Tulod, Nurse II, Lolita P. Asperas, Market Specialise II, Dionisia A. Cañoneo, Market Specialist II, Rudillo L. Codilla, Market Specialist II, Ma. Cristine Hope L. Ibañez, Market Specialist II, Wilson N. Igonia, Administrative Aide IV, Rochelle V. Vasquez, Administrative Aide I, Michael John A. Calderon, Utility Worker I, Ciribiribin H. Logarta, Nurse III, and Job S. Brigoli, Administrative Officer II. Also present at the oath-taking ceremony at the office of Acting Gov. Magpale was Human Resource Management Division head Noli Vincent Valencia. Magpale congratulated the employees after signing their promotion documents. (RMG)

First Lady of Estonia visits Cebu The Provincial Government of Cebu has shown once again its hospitality to leaders of other countries when it hosted a welcome dinner to the First Lady of the Republic of Estonia on February 28.

Headed by Acting Gov. Agnes A. Magpale, together with other provincial officials, the Provincial Government provided a sumptuous meal at the social hall of the Capitol for the First Lady of Estonia, Evelin Ilves who was with her daughter, Kadri Keiu Ilves. Dance troupes from various cities and municipalities provided the evening’s entertainment.

Acting Vice-Gov. Julian B. Daan delivered the welcome address while Acting Gov. Magpale gave a stirring speech, riddled with anecdotes that made Lady Ilves smile. Her entourage, which included

6 Sugbo cebu monthly

Consul Fernando Peña and Mr. Hemblar Mendoza, reacted with amusement when the acting governor mentioned an article published in a foreign magazine. She said that according to the story, women in Estonia are more curvaceous than other women in the Baltic region. She also shared that another newspaper declared that Estonian women make better wives than women in other countries. However, she added, much to the delight of the guests, that Filipino women are the same.

In her final message, Acting Gov. Magpale thanked the First Lady ,who was there in lieu of her husband, for her visit, which puts Cebu on the international map. In behalf of the Province of Cebu, Magpale then presented to the First Lady of Estonia a Mother of Pearl tray as a token. (RMG)

Reestablishing Capitol holds medical mission connection with CAOCAMPIO in Toledo City To address the various needs of barangay folks in Matab-ang, Toledo City, the provincial government under the administration of Acting Gov. Agnes A. Magpale conducted a medical mission on February 16.

Some 1,000 residents flocked to the area, some of them arriving as early as 7 in the morning to avail of the benefits.

The mission offered an opportunity to receive medical attention and affordable medicine. Residents, young and old alike and even babies cuddled by their parents, braved the heat of the sun to reach the place and participate in the free medical services offered by the provincial government. With the rising cost of drugs, laboratory fees, vitamins and other supplements as well as doctors’ consultation fees in this time of financial crisis, residents of Barangay Matab-ang were more than happy to be the recipient of the medical mission.

Acting Gov. Magpale visited the activity to ensure that her constituents’ different medical requests will be attended to, particularly those in dire

need of the doctor’s services. Some of the residents even brought with them their pet canines for anti-rabies vaccine, medicines for deworming and other vitamins and supplements for animals.

The medical mission included a special feeding program for 1,084 children as well as free haircuts for 58 children.

Pediatrician members of the medical mission staff treated 796 babies for various illnesses. Meanwhile, the adult and senior citizens who suffered from hypertension, diabetes and with high cholesterol level underwent treatment. Another group composed of some 117 residents made use of the dental services which were also offered for free.

It was already past four in the afternoon when majority of the patients and their relatives went home. Many of them brought with them the free medicine, vitamins and other supplements handed to them, including informational leaflets on health and disease prevention. As for the medical staff, with their noble task for the medical mission accomplished, they also called it a day. (RMG)

Recognizing the important role of information officers of the local government units around the province in local governance and development, the Provincial Information Office of the Province of Cebu reconnects with the Cebu Association of City and Municipal Public Information Officers (Caocampio) by participating in the group’s first regular meeting for 2013 (after being inactive for a long time) held at the session hall of the Mandaue City Hall last Feb. 22.

Caocampio is presently headed by Carlo Dugaduga of Cebu City.

In that same session, PB Member Arleigh Sitoy presented to the group his proposed ordinance Establishing the Provincial Information Office where the IOs are also encouraged to avail of the services and the infrastructure of the PIO. With the revitalization of the Province’s TV channel, now named Cebu TV, and the resurfacing of the

official publication, now renamed Cebu Monthly, PB members Sitoy and Miguel Antonio Magpale thought it wise to revive the ties with the information officers group to pave the way for a faster, more efficient and reliable information exchange in the near future.

The move also includes hosting of the group’s future meetings. The Province also hopes it can help in any way in the IOs’ quest for institutionalization of their positions in the LGUs. (RPS)

TV host Paulo Bediones with CPDRC Dancing Inmates The CPDRC Dancing Inmates were once again featured national TV after a visit from one of the country’s top TV hosts, Paolo Bediones, on February 6 this year. Bediones was with three of his crew from TV5, one of today’s leading television stations in the archipelago.

Around 500 inmates presented Psy’s hit music video, Gangnam Style, by special request of the visitors. Since the audience was composed of only four special viewers, Dancing Inmates choreographer Vince Rosales prepared to show only one dance number. The presentation however lasted for about forty minutes as there were instructions and repeated executions of the dance while the TV camera recorded the show.

As the show was about to end, Bediones stepped in front of the

performers to narrate a few lines for his new show, Balwarte, which started airing in the month of February on the noon timeslot of T V5’s Sunday program.

He said that it was his f irst time to see the dancing inmates in person. He added that he was very impressed by the exhibition. “Nakakatuwang mapanood ng live though I had already seen it on T V,” he said.

He went on to describe how he felt the energy, commitment and the passion of the inmates’ presentations.

Bediones was with his two producers, Journal Fabella and Generose Santiago and also his cameraman Jonathan Catubay.

The day’s events closed with the television host posing for some pictures with the inmates. (RMG)

SMILE FOR THE CAMERA. TV5 Host Paolo Bediones poses with the famous Dancing Inmates as they perform Gangnam Style for his show, “Balwarte.”

SUGBO 7 cebu monthly

Know your official

Julian B. Daan A Talisaynon with a Dream

by Ramon Gallardo

T

he Second World War was nearing its natural end when a baby boy yelled his first cry on February 16, 1945 in the former town, now the city of Talisay, Cebu. It was in Barangay Tabunok that Acting Vice-Gov. Julian B. Daan saw the first light of day.

From a young age, Julian Daan had dreams of becoming somebody someday and nothing could deter him from pursuing his dreams, not even a lack of college education and other obstacles he met along the way. There was a time when he worked

8 Sugbo cebu monthly

as a cargo checker at the port area, a box maker for packed noodles and a plucker of kapok fibers for pillows in the neighborhood.

His fondness for speaking through a microphone whenever there was a special occasion in their locality, called a ‘baylehan,’ paved the way for a successful career in the airwaves. Likewise, his hidden talent as a scriptwriter of short dramas was culled from his parts in stage plays held in their sitio.

Near the end of the 1960s, the young Julian Daan tried his luck in the local radio industry. He landed an exciting job as a Radio Talent for DYRC station sometime in 1967 and stayed there until 1976. With nearly a decade’s worth of experience under his belt, Daan started looking for a more challenging role in the industry – a greener pasture, so to speak. He switched to another broadcasting station, DYHP where he achieved unprecedented success.

It all started in the late 1970s when a little soap opera, ‘Manok ni San Pedro,’ first hit the airwaves.

In a matter of months, the radio drama became a public fixation and its main character, played

by Daan, became a household name. Soon, Daan started penning for the drama sequence as well when the original writer decided to entrust the task to him. The series went on to win an Outstanding Drama of the Year 1989-1991 award. Not satisfied with just scriptwriting, he tried his hand with the director’s helm, directing a number of episodes, which were well-received. He also accepted paid out-of-town gigs, producing drama and variety shows with his group from the station.

The desire to serve soon attracted Daan to the realm of politics. With the prodding of some politicians and his own radio popularity, he finally

joined the political race in 1982. He ran first as barangay councilman for Tabunok and was elected into office. In 1987, he tried as a town councilor of Talisay and made it. After his successful run as local politician, he expanded his base by running as a board member, a position that he held for two straight terms (1998 to 2001).

In 2004, Daan made a run for the ViceGovernor’s office but the winds of triumph did not blow in his favor. Never one to give up easily, he and his staff regrouped in time for the July 2007 election where he was finally victorious with a seat in the provincial board in the 1st District. Then, as the year 2012 was about to close, an unexpected twist of fate suddenly catapulted Board Member Daan to the position of Vice-Governor. It so happened that the Department of Interior and Local Government (DILG) issued an order suspending Gov. Gwendolyn F. Garcia for six months. The suspension led to her untimely unseating, thus, allowing then Vice-Gov. Agnes A. Magpale to take over her functions by virtue of the rules of succession. According to the same rules, PB Daan, who is the first in rank in the provincial board, was consequently elevated to the office of Vice-Governor.

Board Member Daan’s path to success, however, is not at all a bed of roses. Last year, he was a victim of a robbery which nearly cost him his dear life as well P1 million worth of cash and jewelry. Two armed men barged inside his house, held him at knife-point, and proceeded to divest him of his valuables. The culprits, however, were later arrested; they are now languishing in jail.

The Acting Vice-Governor has confided that on that auspicious day he thought he was breathing his last. He admitted to have suffered traumatic episodes several days after the unfortunate incident.

prominent Cebuano

The Sculptor and the Scholar

by Lee Dela Cerna

I

t’s February 2013. The month of love has arrived. But romantic love isn’t all that we celebrate for we also give honor to two Cebuanos, born in this month, who made great contributions to the field of arts.

Carcar’s Pride and Joy

Dr. Ramon Alcoseba Abellana Our first Cebuano personage was born on February 5, 1911 in the historical city of Carcar. He is Dr. Ramon Alcoseba Abellana, a famous Cebuano sculptor, composer and dentist. He is the proud son of Teofilo Regis Abellana and Filomena Laorden Alcoseba, the loving husband of Samar-borne Emiliana Parano, and dear father of 6 children.

As a young man, Dr. Abellana learned the art of sculpting from his father, who in turn learned it from his own father. The talent apparently ran in the family as his brother, Mariano Abellana, also dabbled in this art form and was a collaborator in one of Dr. Abellana’s more famous works: the Spanish-inspired Rotunda in the heart of Carcar City. Dr. Abellana’s sculpted masterpieces also include life-sized statues of two historical Cebuanos: Lapu-Lapu and Sergio Osmeña Sr. Both works now grace the Cebu Provincial Capitol grounds.

Although known for his sculptures, Dr. Abellana was a dentist by profession. Not only that, he was also a good composer. In fact he authored some well-known Visayan songs like Kwahaw, Saloma, Lapiyahan and Katahum sa Yamog (How Lovely the Morning Dew). For the latter song, he twice won in the Cebu Pop Music Festival with his cousin Monsignor Cesar Alcoseba.

With all his contributions to the arts, Dr. Ramon Alcoseba Abellana is the pride of the Carcaranons.

Cebuanos should look to him as a great example of a man who uses his god-given talents for the cultural enrichment of his home province.

Cebuana Trailblazer

Dr. Erlinda Kintanar-Alburo A scholar, a writer, professor, daughter, wife, mother, Dr. Erlinda Kintanar Alburo is a woman to emulate. Born on February 20, 1946 in the town of Argao, she is the precious daughter of Virgilio Kintanar and Isidora Ferrer. She was married to Rene Alburo and they were gifted with three daughters namely Danessa, Maria Jessamyn and Kaira Zoe Alburo.

Dr. Alburo graduated from the University of the Philippines (UP) - Diliman with a degree in Bachelor of Arts in English in 1965. She earned her master’s degree from the University of San Carlos (USC) in 1972 and her Ph.D. in English and Literature from Silliman University in 1987.

A writer at heart, Dr. Alburo has authored a variety of articles and books on the Cebuano language and history. She became the Director of the Cebuano Studies Center in 1996 until 2011. Aside from being a director she has imparted her knowledge and expertise in some prestigious universities - e.g.

UP-Cebu, USP, USC and Silliman University in the country as well as abroad (She was a visiting professor in the University of Hawaii and Fu Jen University in Taiwan). In 2007, she was hailed as one of 25 Women Achievers of Cebu City by Sunstar Publication and was awarded by the Cebu Provincial Committee on Women as one of the Cebuana Trailblazers.

Her achievements in the arts of writing and her significant contribution to the promotion of Cebuano literature make Dr. Erlinda Kintanar Alburo a true asset of Cebu and an inspiration for the next generation of aspiring Cebuanos.

cebu monthly SUGBO 9

Speacial Event

Breaking Ground for the PIO Inauguration

A

by Lee Dela Cerna

t long last the Cebu Provincial Information Office found its ideal niche in a P3-million building, realizing the dream that PIO employees had after years of hopping from one room to another at the capitol building.

The inauguration of the new PIO building was held on Feb. 28, 2013 located near the back of CFI building, Capitol compound. The ribbon cutting was spearheaded by the Philippine Information Agency (PIA) 7 Regional Director Minerva Newman together with the Provincial General and Services Head Eva Encabo and Cebu Provincial Board Member Miguel Antonio Magpale.

In his speech, Board Magpale said that “rebirth of the PIO along the whole province of Cebu is in line with the responsibility of the government to keep the people abreast with relevant information such as the program and projects implemented for them.”

The Cebu PIO will try her best to provide free wifi service and some equipment for the local and out-oftown media to use. PIA 7 Regional Director Minerva Newman said that communicators must practice the profession with passion, “not just fashion,” andcited three factors that a communicator must bear in mind in relaying information. “Information that respects, builds and with responsibility,” Newman shared.

The ceremony coincided with the launching of the new Cebu TV which airs on Sky Cable channel 31. The channel provides “info”-tainment to Cebuano viewers.

Aside from TV, PIO also initiated Cebu Monthly, a monthly newsmagazine on information about the province and content that matters.

Sugbomonthly 10 cebu

(L-R) Provincial General and Service Head Eva Encabo, Philippine Information Agency 7 Regional Director Minerva Newman, Administrative Consultant Perla Agudo, Cordova Mayor Adelino Sitoy, and Provincial Board Member Miguel Antonio Magpale cut the ribbon during the inauguration of the PIO Building.

entrepreneurSHIP

A Sweet Deal #NoFilter

by Lee Dela Cerna

A

long the exit road of the Waterfront Hotel in Lahug is a small, brightlooking place called CMYK Café. The moniker comes from the color model (Cyan Magenta Yellow and Black) but has been styled after something sweeter: Chocolate Makes You Kiss.

The people behind the name are two young ladies.

A product of the University of San Carlos with a BS in Hotel and Restaurant Management (HRM), Lea Ann Duhaylungsod is fond of photography and likes the arts.

Her business partner, Vanessa Grace Maliao, a former chef of a five-star hotel, provides the kitchen savvy to the perfect recipe that is the CMYK Café, which opened last November 28, 2012.

The goal is always to become the best in the industry, not necessarily by competing with the best and becoming a carbon copy, but by looking for an as-of-yet untapped niche. Social media sites has given them an idea. Aware of the trend today of people taking photos of their food and drinks and posting them online, the dynamic duo has engineered a one-of-a-kind café targeted to this young and hip crowd.

The café’s simple interior design gives hipster vibes and at the same time a cozy and relaxed atmosphere.

Savory food and delightful drinks make for easy subjects for customers trying their hands at rudimentary photography. The menu reflects the café’s essentially indie spirit as embodied in the Hamburice – a rice sandwich with beef patty in gravy sauce zipped with green tea frappuccino.

But CMYK does not get its name for nothing. The café boasts of delicious desserts served with aplomb.

They have everything from cakes that combine flavors of

“Being a young entrepreneur you need to be more creative and explore new ideas that can catch the attention of costumers.

Be open to new ideas and think positive.”

- Lea Ann Duhaylungsod

mango, caramel and chocolate to the eponymous Sizzling CMYK, a sweet fudgy brownie topped with vanilla ice cream overflowing with sizzling chocolate sauce. Their drinks also have fun names like Last Tear Drops and Zesty Lemon.

As the proverbial new kids in town, Lea and Vanessa are working hard to get their names out there. Putting up a business is never easy but when you have built your business around a product concept that is unique, you have an edge.

Every successful entrepreneur could attest to that.

The CMYK Café is open from Monday to Sunday at 10:00 a.m. to 12:00 a.m. For more info, you can visit their facebook page at: http://facebook.com/cmykcebu

11 SUGBO 11 cebu monthly

EDitorial section

P

Why do leaders fall?

rime Minister Tony Blair finally gave up. But when elected, he was the youngest Prime Minister of Great Britain since 1812. When he resigned, Tony Blair was the most unpopular leader in the United Kingdom. The world watched in disbelief.

This time in the United States, the world’s icon on real estate development, Donald Trump, called it quits. After investing much on the Taj Mahal casino, he petitioned for bankruptcy. The world was shocked, but Trump’s cash flows could not lie. He was losing. He had to give up.

In Asia, another leader called it quits. Ferdinand Marcos, one of Asia’s strong leaders then, left the Philippines for Hawaii on exile. Even the Filipinos themselves could not believe how a people power could overthrow decades of Marcos rule. It could not have been possible.

But that is life, as the cliché goes. Leaders rise and fall as the lyrics to a song get to a high and low pitch. Some leaders are fortunate to retire gracefully.

Others fall hard, crash and crumble in the annals of history.

Scholars tell us why. John Rehfeld admonishes leaders to dump the idolatry over Julius Caesar and the latter’s subscription to monochromatic systems. In his book, the Alchemy of a Leader, Rehfeld advocates for polychromic systems whereby leaders get involved in many things that can produce simultaneous occurrences. Worthwhile to note that the earth has its own cycle around the sun and in today’s advanced state of technology, geopolitics as in business has its own cycles. And yet the two differ. Leaders fall because they confuse sense of time with subject and substance.

12 monthly 12 cebu Sugbo

In haste, Tony Blair sent troops to Iraq to support the US invasion. But after the occupation of the Allied Forces, he was too slow in withdrawing British troops. Monochromic in his approach over the Middle East crisis, Blair got the flak. He was in a hurry to hitch on the star of President Bush, but slow in addressing the concerns of the Britons. Blair forgot to differentiate the substantial implications of war over peace.

Mark Samborn tells us that leaders also fall because they get distracted by the trappings of leadership such as the wealth and notoriety. Donald Trump falls into the blackhole of a leader’s blind ambition. Trump built on an American empire but most of his investments were not money-makers. With huge debts, Trump had to declare bankruptcy four times.

Another cause of a leader’s fall is his ethics slip. Integrity is the highest principle of leadership. According to Samborn, “when integrity ceases to be a leader’s top priority, when compromise of ethics is rationalized away as necessary for the greater good, when achieving results becomes more important than the means to their achievement - that is the moment when a leader steps into a slippery slope of failure.”

In 1986, Ferdinand Marcos lost much of his integrity. In his sickbed, President Marcos faced a rebellion and a people power revolt over massive graft and corruption in his administration. Worse, Marcos was blamed for the death of Senator Benigno Aquino, Jr. Sense of time, blind ambition and ethics slip are but three of many other causes why leaders fall. But scholars argue that these are the most salient ones.

How to discover that a leadership’s grip is about to let go is extra difficult. Yet, General Colin Powell has this to say: “ The day soldiers stop bringing you their problem is the day you have stopped leading them.”

Indeed, when a leader stops to lead, then he begins to fall. If he is smart, he need not wait for himself to hit the ground. (Arleigh C. Sitoy)

OUTRAGEOUSLY COURAGEOUS:

THE LOVE THAT DARE NOT SPEAK ITS NAME

T

he courage of policy-makers at the local or even national level to introduce measures to defend, via legislation, the so-called “last socially acceptable prejudice,” is both an act of courage and love.

Courage because only a handful, I dare say, will walk the path to damnation because stigma, discrimination, marginalization and oppression based on sexual orientation and gender identity (SOGI) is still apparent. While the LGBT community does not ask for “special rights,” much less “special love,” the proponents of anti-discrimination ordinance in the province and a bill in Congress is a love offered to the community and I am forever grateful.

Much to my relief that the LGBT community is blessed to partner with PB member Arleigh Sitoy in the province of Cebu and Rep. Teddy Casiño in the House of Representatives. Both men will enjoy the support of the LGBT community for their wisdom, compassion and courage.

Since 2011, PB Sitoy, without much fanfare, introduced an Antidiscrimination ordinance that will protect LGBTs in the workplace. His ordinance is significantly important as well as timely and relevant because it is very specific and hit the nail right on its head – protecting LGBTs in the workplace.

Protecting the LGBTs in the workplace is more urgent than ever. Most LGBTs are working tirelessly to support their family. By protecting their constitutionally guaranteed right to work, PB Sitoy risks the ire of some but is assured of a place in our history as the first to defend the rights and responsibilities of LGBTs in the workplace.

Hence, the urgency of approving the ordinance is now in the hands of the entire members of the Cebu Provincial Board. I hope and pray that by tackling this issue, as initiated by PB Sitoy, the entire members of the Provincial Board, will be inclusive, rather than exclusive in legislating measures to protect all Cebuanos regardless of their gender and sexuality.

It is also high time that a major provincial local government unit come up with a local law that helps protect and advance the LGBT community.

Cebu province is known for various titles and accolades. It is time to add another feather in the province cap as being the most LGBT-friendly in this part of the world.

Allow me also to cite Senatoriable Teddy Casiño’s House Bill 1483 or An Act Defining Discrimination on the Basis of Sexual Orientation and Gender Identity and Providing Penalties Thereof filed in Congress in July 15, 2010.

Like PB Sitoy, Rep. Casiño’s bill will likewise render legal protection to LGBTs nationwide.

While not specifically for LGBTs, it is notable that various cities around the Philippines, namely Cebu City, Davao City and Angeles City in Pampanga successfully passed anti-discrimination ordinance that penalizes any form of discrimination against diffently abled persons, different sexual orientation, ethnicity and religion.

I would like to reiterate important legal measures that is useful in discussing PB Sitoy’s ordinance, to wit: 1. The 1987 Constitution declares that “the State values the dignity of every human person and guarantees full respect for human rights” (Article 2, Section 11, 1987 Constitution). It also imposes on the State the duty to ensure the fundamental equality before the law of women and

by Roxanne Omega-Doron men (Article 2, Section 14); 2. This equal protection clause in the Bill of Rights logically requires that laws are implemented and applied equally and uniformly on all persons; be treated in the same manner with regard to privileges conferred and the liabilities imposed; 3. The Philippines is a signatory to international agreements on the respect for human rights of all persons regardless of any condition, including sex or sexual orientation. These international instruments have consistently been interpreted by international institutions, such as the United Nations Human Rights Committee (UNHRC) and the UN Committee on Economic, Social and Cultural Rights, to include protection against discrimination on the basis of sexual orientation.

The UNHRC has interpreted Article 26 of the International Covenant on Civil and Political Rights (ICCPR), which obliges States to “guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,” to include a protection against discrimination on the basis of sexual orientation.

The UN Committee on Economic, Social and Cultural Rights has also interpreted Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to include sexual orientation in the Covenant’s non-discrimination provisions; 4. The present and future realities that exist in the country should not be left behind by both national and local laws. The noble intentions of numerous national laws and international agreements are still wanting with respect to our LGBTs. They continue to be discriminated by society at large, primarily because of misconceptions and systemic state ignorance. LGBTs often find it difficult to exercise their rights as persons, workers, professionals, and ordinary citizens; 5. Prejudicial practices and policies – mostly unstated and unwritten – based on sexual orientation and gender identity severely limit the exercise and enjoyment of the basic rights and fundamental freedoms in schools, workplaces, commercial establishments, the civil service, even the security services; 6. State and private companies block the promotion and prevent the career advancement of gay or lesbian employees due to the deeply embedded notion that homosexuality denotes weakness. Laws such as the current anti-vagrancy law are also abused by the law enforcement agencies to harass gay men; and 7. Most importantly, LGBTs do not want nor claim additional “special” or “additional rights” in law. They only deserve to have equal observance of the rights, privileges and liabilities as those of our heterosexual compatriots.

To quote Rep. Teddy Casiño on the proposed ordinance of PB Member Sitoy: “The proposed provincial ordinance aims to extend the observance and advancement of the same rights as those of heterosexual persons that are denied to LGBTs in the workplace by current laws or practices: basic civil, political, social and economic rights.

“It is therefore imperative to define and penalize practices that discriminate against LGBTs in the workplace. It is our fervent wish that the Cebu Provincial Board pass its ordinance to protect the rights of workers and employees in the province. It would be a landmark ordinance. It will be a first in the Visayas and the country. We fully support the passage of this provincial ordinance for the rights of LGBTs in the workplace.

cebu monthly SUGBO 1313

special story

s ’ e n i t n Vale A Special Day

I

by Ernielyn A. Cardeño / UV MassComm Intern

t’s that time of the year again when lovers wax eloquent about the object of their affection. But Valentine’s Day is not the exclusive domain of couples because love is love in whatever form and love is what this day is about.

People celebrate Valentine’s Day in different ways. We come up with all sorts of plans just to make our loved ones happy and feel special on this day of hearts.

Government employees are the same as other people. Even with their hectic work schedules, they still celebrate Valentine’s Day together with their loved ones.

One such busybody is Jovelito Jayme, the Official Photographer of Provincial Information Office (PIO) of Mandaue City Hall and at the same time a News Anchor at DYKC every morning. Even with his workload, he makes time to spend Valentine’s Day with his family.

According to him, his wife is the only woman in his life. To make their Valentine’s Day special he has some great surprises for her. He plans to buy a pair of rings and prepare a heart-shaped bibingka, 3 candleshaped budbud that can be lighted and a Tagaktak, a delicacy from Mandaue City. For him, their love story is a fairytale adventure, starting from the time they crossed paths through many happy and special moments up to the time they finally decided to settle down to their happy-ever-after ending.

But for Mc Rommel Sicop, Capitol employee assigned in the technical department, who is aspiring to find his true love this coming season of love, he can only dream of celebrating his Valentine’s Day with the perfect girl. He said that as a sign of his great love, he would give her roses and

14 monthly 14 cebu Sugbo

cards because he believes that he is just a simple guy and what he wants is simplicity in a woman. “It’s the thought that counts,” he added. “Beautiful in my Eyes” is the song he would serenade her with, because the way I look at her, she is perfect, he shared.

Go shopping, eat dinner with the family in a fancy restaurant -- this is how Alejandro de Leon, a Community Development Assistant of Cebu Provincial Government would celebrate Valentine’s Day. Valentine’s Day for him is just like an ordinary day because in the eleven years of living together with his wife, everyday feels like Valentine’s Day. He hopes that the relationship he has with his wife will be forever. He dedicates the song “Nothing’s Gonna Change my Love for You” to her because, according to him, everything that happened to them as a couple is memorable.

For most of us, Valentine’s Day is special because it comes only once a year.

And so we take time out of our busy schedules to squeeze in a romantic dinner for two, wait a long queue at the flowershop to buy a dozen roses and spend an ungodly amount of money on chocolates which go on sale the next day.

But when you think about it, February 14 is just another date on the calendar.

What makes it special is the time we spend and the effort we take to make this day a memorable one for our loved ones.

Unsa ang Gugma?

K

asagaran nga mahunahunaan sa kadaghanan niining pulong na gugma babaye ug laki dayon, manag-uyab, magkuyog-kuyog ug labaw sa tanan ang pagpabuhagay sa tagsa-tagsa ka gibati. Pero kung ato gayung tukibon ug unsa ang gugma, alang sa tanan gayud alang sa paryente, igsoon, ka opisina ug katrabaho. Daghan kaayo karon sa atong mga kaigsuonan magpataka na lang ug pabuhagay sa ilang gibati. Muingon pa ra ba nga gugma kuno..estoryehey.

Tinood ba gayud kaha o kinasing-kasing ba ang paglitok sa mga pulong I love you o gihigugma ko ikaw? Anhi nato masuta ang kamatuoran

kung unsa gayud ang pulong nga gugma. Uban nato nga mga kaigsuonan daghan na kaayo sila ug kasinatian pero dili man ni contest. Apil na niini ang kasakit ug kalipay dihang nibati sila ug paghigugma sa usa ka binuhat. Aduna sad akoy nahinabi kabahin sad sa iyang kasinatian diin ang iyang ka opisina ang iyang nahimo nga kapikas, nindot sad ang ilang storya kay dili gyud unta siya ganahan niini nga babaye pero sa dugay nila nga pagkuyog sa opisina mura daw siya ug na develop.. char..hangtud ni abot gayud ang panahon nga siyamismo ang nipabuhagay sa iyang gibati ngadto sa iyang kauban sa opisina ug karon malipayong pamilya na sila. Kani mga pinudyot lang nga mga kasinatian pero mahimo kini nga sumbanan sa uban nato nga mga kaigsuonan.

Ang gugma sa imong isig ka tawo daghan ug mga pamaagi unsaon pagpadayag, pero dili kalipay sa

by Popcy Jules Regner

limtunganan niini, dunay uban bulahan malipayon sila ug makapasigarbo sila sa ilang kahimtang karon pero daghan sad ang dili malipayon, daghan ang nag patay, daghan ang nag kabungkag nga pamilya ug daghan usab ang wala na kasabot sa ilang mga relasyon ug maka pangutana naa pa bay gugma o hunongun na lang ni nga klase sa relasyon?

Ang tinuoray nga gugma mao kanang gitawag ug Endless Love o gugma nga walay katapusan bisan unsa pa ang mahitabo sa inyong relasyon bisan pila pa ka bagyo ang muabot magpabilin ang inyong pagka ligdong sa usagusa ug magpadayon ang inyong paghinigugmaay, paghatag ug panahon, pagkamatinud-anon, pagsalig sa usag-usa, ang respeto nga gikinahanglan gayud kaayo ug ibutang ang Ginoo nga maoy sentro sa tanan nga mga relasyon……malipayong bulan sa paghigugmaay sa tanan.

Too Much Love Will Kill You

by Ramon Gallardo “Asa kaha kutob ang imong pagmahal kanako Greg?”, sukot ni Carla sa iyang boyfriend usa ka adlaw niana samtang nanuroy sila sa baywalk sa may SRP. “Way kinutoban ang akong pagmahal kanimo Car. Susama ang akong gugma nianang halapad nga kadagatan nga makita nato gikan dinhi sa atong gibarugan,” tubag ni Greg dungan ang pagtudlo sa dagat tumong sa kalawran sa unahan.

“Hinaut nga di ka mausab Greg, kay sagad raba kaninyong mga lalaki dali ra kaayong makalimot sa inyong mga saad nga usa ra ang inyong panggaon ug mahalon.”

“Salig ug laumi Car nga ikaw ra ang gipitik sa akong kasingkasing ug wa nay lain pa. I only have eyes for you and nobody else, but you,” matud pa ni Greg dayong agbay sa dalaga ug gipaduol kini sa iyang dughan.

“Mora man og nakabati ko anang kantaha , Greg sa CD sa akong Daddy.”

“Mao ba? Natayming lang tingali. Tigpaminaw man sad gud ko sa FM radio station matag Domingo nga mag-play sa mga hit songs sa nangaging mga tuig.

Medyo na-influence tingali ko.”

Nagdungan og pangatawa ang duha ka managhigugmaay.

Hapit mousa ka tuig na ang ilang relasyon ug wa kini matago sa inahan ni Carla. Wa untay pagsupak ang iyang ginikanan apan ning bag-ohay pa lang, nasayran sa inahan sa dalaga ang kalambigitan ni Greg sa pundok sa mga batan-ong pala-away.

“Wa man unta koy pagsupak sa inyong kahimtang ni Greg, Car. Apan ning akong nahibawan karong bag-o nga di maayo bahin kaniya, di man seguro tukma nga ipadayon nimo ang pakigrelasyon kang Greg .”

“Pero tinuoray gyud ang among gibati sa usag-usa, Mama. Bisan tuod og ingon siya niana, apan tiunay ang pagmahal ni Greg kanako. Ingon man usab ako ngadto kaniya, ug daw sa wa nay bili kanako ang tanan kon mawa siya sa akong kinabuhi,” pangatarungan sa dalaga.

“Ayaw palabi sa imong gibati, anak. Hinumdomi nga di maayo ang sobrang pagsalig ngadto sa usa ka tawo labi na kon kabahin kini sa gugma. Daghan nang mga batan-on sama kanimo nga sobra ang ilang gugma ug pagsalig sa ilang gimahal. Sa dihang nahitabo nga miliko kini sa laing dan kay natintal sa laing binuhat gitapos nila ang tanan, usahay malakip na ang ilang kinabuhi. Busa ayaw palabi sa imong gibati, Carla. Bata ka pa ug mahayag ang kaugmaon

nga nagpaabot kanimo. Hinumdomi lang kanunay ang awit nga ‘Too Much Love Will Kill You, ug himoa kining gabay sa paglig-on sa imong balatian kon ugaling moabot ang panahon nga imong gikabalakan. ” “Salamat Ma. Buhaton ko kutob sa akong mahimo nga di magpalabi sa pinitik sa akong kasingkasing. Sundon ko ang imong tambag bisan pa man kon di sayon ang paghimo niini. Nothing is impossible under the hit of the sun, matud pa nila.”

“Daghan usab salamat anak nga naminaw ka sa akong tambag kay alang ra usab kini kanimo,” sa inahan pa ni Carla nga migakos sa iyang anak nga nakasabut kaniya.

Usa ka adlaw niana, nabalitaan ni Carla nga gidakup si Greg sa mga polis kay naapil siya sa pundok nga mikulata ug midunggab patay sa membro sa laing grupo sa mga batan-on sa ilang dapit. Sa maong hitabo nakatuaw si Carla sa iyang kaugalingon.

“Wa gyud ko masayup sa pagtuman sa tambag sa akong inahan. Kay kon ako pang gipatuyangan ang maong pagbati, wa ko mahibawo kon unsa nay akong mahimo nga di maayo ug dangatan unya gumikan sa nahitabo ni Greg. (Katapusan)

cebu monthly SUGBO 1515

local color

CONSOLACION SAROK FESTIVAL

T

by Ernielyn A. Cardeño / UV MassComm Intern

he municipality of Consolacion used to be a component barangay of the municipality (now city) of Mandaue. Consolacion became a separate town in 1871. However, in 1902 and 1903, Consolacion was unable to maintain her status as an independent municipality so again she became a part of Mandaue. It was not until 1920 that Consolacion became an independent municipality, taking her name after their then governor’s daughter.

The Sarok Festival is celebrated on Consolacion’s foundation day, the 14th of February. The festival got its name from “sarok,” a kind of hat made of bamboo strips and dried banana leaves. The event is a virtual smorgasbord of street dancing and local colors. The highlight was a dance competition named after the festival and divided into two categories: Elementary and Secondary.

A total of 5 contingents competed in the Elementary Division: Tribu Panaghiusa, Pundok Mag-Uuma, PaNangGaSaCan Tribe, LACADABA and Tribu Sentralita. Of the five, Tribu Panghiusa was the big winner, grabbing first prize with their energetic number.

For the Secondary Division, 4 contingents pitted their creativity and dance skills against each other. Tribu Tayuranon emerged as the winner, followed by Tugbongon National High School, Consolacion National High School and Jugan National High School, who seized second to fourth place respectively.

“It’s more fun in Consolacion!” This is how the Consolacionanons joyously described their place.

In behalf of Congresswoman Cynthia Villar, her staff, Mr. Marcelino Mendoza extended Villar’s keynote speech. “Happy Valentines Day po sa inyong lahat ug Malipayong Sarok Festival 2013” was his greeting to the delighted crowd.

Board Member Arleigh Sitoy and Board Member Thadeo Ouano were also present in the said activity.

16 cebu Sugbo 16 monthly

“Consolacion is leading the way for all the municipalities in the Province of Cebu,” - Acting Governor Agnes Magpale

DALAGUETE

UTANON FESTIVAL O

by Honey Lee Enal and Juvie Dayap / CTU Intern

nce again, Dalaguete showcased its Utanon Festival in Honor of its Patron Saint Guillermo de Aquitania. Dalaguete is known as the vegetable basket in the south and summer capital of Cebu. Its church was built in 1690 as one of the Visitas of Carcar and became a parish in 1711.Last 2004, it was declared a national historical landmark.

Every 9th and 10th day of February, Dalaguetenons celebrate their famous Utanon Festival. One of the highlights of the said celebration is the Utanon Festival Queen Search.

This year, the Utanon Festival staged a dance showdown as well as a pageant to choose a festival queen. Ten young and charming ladies from different schools showcased their poise and beauty for the pageant.

At 3 p.m, the streetdancing competition filled the main street of Poblacion. Led by their festival queens, contingents deck the streets in different colors and vibrant smiles all to the incessant sound of festive drumbeats.

In the evening, the Dalaguetenons gathered together in the town’s cultural center to witness the pageant and coronation of the Utanon Festival Queen 2013.

The Utanon Festival is more than just music and dance that exhibits the gracefulness of the dancers; it is about the importance of local values and its contribution to the town’s economy.

UTANON FESTIVAL QUEEN 2013 WINNERS

Jergens Gelaga Utanon Festival Queen 2013 Best in Opening Production Best in Solo Performer Elia Alfarrah Enopia 1st Runner Up Best in Group Production 3rd Placer Street Dancing

Graziele Wedney 3rd Runner Up Jeanen Chrisamae Pelare 4th Runner Up Alverlyn Machete 4th Placer Street Dancing

Shaira Jean Codilla 2nd Runner Up Best in Costume Miss Photogenic Texters Choice Awardee 1st Placer Street Dancing

SUGBO 1717 cebu monthly

INSIGHT

Unbound

by Hope Sabanpan-Yu

M

emories, like waves, wash up the bits and pieces of our lives. Some perfect and whole, some broken and imperfect, some gruesome or pleasing – an arm of a starfish, a claw of a newlyeaten crab, a beautifully coloured and intricately-layered oyster shell – all of them fascinating. Our lives are as deep and mysterious as the ocean itself – fathomless, boundless, containing mystery and surprise, periods of turbulence and storms, as well as times of peace and calm.

While walking the Mactan shoreline, I realize from my linear movement that we humans have imposed a physical sequence of past, present and future. That is, the past – my footprints, and my memories of the past are behind me while the present is here and now where I am presently

BW

BLACK AND WHITE with all the grays in between by thelifepainter

18 cebu Sugbo 18 monthly

pacing. Each step and each moment quickly becomes part of the past and therefore behind me and the beach ahead of me is the future – some place or point in time I haven’t arrived at, yet. Are they indeed three separate states? Or can we look at them in a different way and take them to be more connected than we think, like perhaps even one and the same? For sure they must each at least overlap, because the distinction between one state and the next seems blurred. And what about these new quantum theories astronomers have come up with in regard to the universe as being neither linear, nor circular, but more like multi-dimensional, with time and space both spiralling and overlapping, or falling back on themselves? The attempt to put these concepts into language complicates or obscures the issues. But I feel it is simpler than it sounds. We need only to walk the shoreline, look at the ocean, hear the language of the natural world, breathe its air, and feel its rhythms and we will know what is already within us.

Memories do not only recapture the past, they inform the present and influence the future. Our actions in the present and our aspirations towards the future are indeed connected to our experiences and memories of the past. Where does change fit

I

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.

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.

into all this? Can we change the past, or just our perceptions and attitudes towards the past? Can we even change the present, since the concept itself implies a process which in turn implies the passing of time? And what about the future? Do we actually change the future? A question which implies that the event has already taken place, therefore, simultaneous with the present and past, and that we change something that is happening or has already happened.

On days like this, when I am pacing and pondering, I feel like I could walk from the beach down the shore all the way to the tip of Mactan Island, to the end of Cebu, and then find myself somehow going farther. As if in this linear journey from one point to the next, I will find an answer, or the answer. I watch the sea in its constant motion, its surging and retreating, its building and advancing, its breaking and retreating waves. The moment stretches out into eons and epochs. I am treading wet sand, and the waves – great walls of motion culminating in crests, then collapsing into spirals that have been measured as pi, the number that goes on forever. Once broken, these walls of water rush forward, foaming and curling around my feet and retreat back into themselves.

QUOTE FOR THIS ISSUE: “All men have the stars,” he answered, “but they are not the same things for different people. For some, who are travellers, the stars are guides. For others they are no more than little lights in the sky. For others, who are scholars, they are problems. For my businessman they were wealth. But all the stars are silent. You--you alone--will have the stars as no one else has them--” the little prince

The Man behind the street Cebuano Heroes

I

Unlimited

t is natural for man to crave to live forever in this world. But we are created as mere mortals. From dust we are, to dust we shall return. But while some die and soon forgotten, others do last eternally - in the memories of their families, friends, townmates, and countrymen. How thy are remembered depends on how they lived. Some are stamped as scoundrels, others are worshipped as heroes.

People like Jose Rizal, Ninoy Aquino or Andres Bonifacio are still “alive” coutrywide.

Cebu has also its very own heroes remembered for their own brand or mortality: as an honest politician, charitable millionaire, or an extraordinary patriot. Such were Sergio

Osmena, Sr. of Cebu City, Don Pedro Cui of Barili, and Arcadio Maxilom of Tuburan. All throughout our province, in every municipality or city, we have such men who need to be remembered always as good models, especially for the younger generation.

The column “The Man Behind The Street” is intended to immortalize our local heroes.

From Santander to Bogo, notable figures have been immortalized by naming streets in their honor in their respective localities. We have forty-four municipalities and seven cities.

Let other people know what Cebu is not only blessed with enviable natural resources, but also with many righteous and upright men.

T

Pride of Mandaue

he Ouano clan was the most prominent family group in Mandaue way back during the Spanish times. In his book, “Cebu Under The Spanish Flag” (1521 – 1896), An Economic and Social History, Bruce L. Fenner wrote that only few families reigned over our towns in Cebu. He mentioned that the Ouanos were hacienderos of Mandaue, similar to the Osmeñas of Cebu municipality, the Mendozas’ in Liloan, the Enriquez families in San Nicolas and the Barcenilla families in Carcar. The Ouanos not only owned vast haciendas in Mandaue, but also had big tracts of land within what is now Cebu City in the vicinities of Gen. Maxilom Avenue, Fuente Osmeña and Banilad. Presumably it was the couple, Jose Ouano and Felipa Adolfo, who first began the acquisition of the properties. The Ouano family tree shows the couple as the head of the clan.

A familiar family joke, according to SP Thadeo Ouano of the sixth district of Cebu, was that his great greatgrandmother, Felipa, always had a tinapa (smoked fish) above their native stove. While cooking vegetable soup, she would now and then dip the tinapa (smoked fish) tied to a string from above to put some flavor to the dish. She would save the tinapa for later cookings. She was even nicknamed as “Felipa Tapa” for her eccentricity.

By her husband’s and her own tightfistedness, they accumulated their centavos into thousands, which they used to buy land and invest in various businesses.

The generations of Ouanos are not only rich in money, but also in service. As philanthrophists,

they shared their blessings with the poor. And the poor were able to repay them when they entered politics. Rafael, son of Jose, was a vice-presidente municipal from 1892 – 1900. His eldest son, Don Gerardo Ouano became a municipal councilor from 1937 – 1940. He owned what used to be the vast “asinan” (salt-beds) in Brgy. Opao. In his lifetime, he owned many bancas used in his trading businesses as far as Mindanao. Following the footsteps of his ancestors, he did not only serve the government, but also directly tended the underprivileged sector of Mandaue. A grateful citizenry paid tribute to him after his death and built a road in his name: the G.Ll. Ouano Street. His son, Hon. Alfredo Llamera Ouano, became Mayor of Mandaue City (1988 – 1998).

His grandson, Hon. Thadeo Zambo Ouano also became Mayor of Mandaue City (1998 – 2007), and is now a Sangguniang Panlalawigan Member of the Cebu Provincial Board representing the 6th District of Cebu.

Don Gerardo Ouano is truly Mandaue’s pride.

SUGBO 1919 cebu monthly

History and Heritage HERITAGE SITE

The First MactanMandaue Bridge It’s impossible. Those were the words of the critics of the former mayor of Cebu when he first broached the idea of connecting the two islands, the mainland Cebu and Mactan Island, through a bridge in the 1960’s. But years later, the unbelievers came to realize that truth of the proverbial ‘nothing is impossible under the heat of the sun.’

During the term of the late President Ferdinand Marcos in 1970, the plan of the First Mandaue-Mactan Bridge was hatched. A year after the declaration of Mandaue as a chartered city, the ambitious project of constructing a bridge that would link Mandaue and Mactan Island had commenced. The gigantic structure was designed and created by Filipino engineers.

In the amount of P65 million which during that time is already a huge sum of money, it was able to finance the historic bridge which is a box truss type that measured 846 meters long, (2,775 feet) and 9 meters wide (29 feet). In two years’ time, the project that was inaugurated on July 4, 1971 successfully linked the two islands. The first bridge used to have toll booths installed on both sides of its approaches to collect fees from passersby vehicles. However, in the late 1980’s, President Marcos yielded to the people’s request to stop the toll fee. He announced the scrapping of the toll fee in one of his visits in Cebu to the relief of the residents from both sides of the islands. The toll booths were then consequently demolished.

garbo sa sugbo

Atty. Augusto W. Go A well-known name both in the academe and business circle in the Queen City of the South, Atty. Augusto W. Go contributed much to Cebu’s flourishing progress. No wonder the Provincial Government of Cebu has chosen him as one of the Garbo sa Sugbo awardees.

A grandson of Don Pedro Singson Gotiaoco, who is considered here as one of the 19th century wealthiest Taipans, Atty. Go is the founder and president of the former Cebu College of Commerce which started with 239 students in the first semester in the 1950’s. In 1972 it was changed to Cebu Central Colleges and later became the University of Cebu which has several branches with more than 50,000 students and counting. His school has produced several top notchers in the field of teaching, marine transportation and engineering, law and nursing, among others. Just like other successful businessmen, Atty. Go has also linkages with various businesses such as banking, vehicle dealership, hospital, insurance, mall, entertainment establishments, electric power, just to name some.

His connections in businesses were also mixed with serving in the government. He was appointed as Cebu City councilor in 1986, Vice-Mayor of Cebu City in 1987, Director of the National Power Corp. in 1992-1998 and later Honorary Consul General to the Republic of Korea in Cebu starting 2003 till the present. Atty. Go is also recipient of various awards such as the Dr. Jose P. Rizal Award for Excellence in the field of education, Garbo sa Sugbo awardee and for making education possible especially to those who have less in life, The Valuable Leader In Education by the Perlas Awards among others.

20 20 cebu Sugbo monthly

Today, the bridge remains a major commercial causeway, linking the fast-developing City of Lapu-Lapu, which houses the province’s only international airport as well as the biggest hotels and resorts, to the heart of Cebu.

On this day February 1 1862 Borbon, Cebu is established as a parish by royal decree. It is put under the patronage of San Sebastian Martir.

February 2 1933 The Santo Rosario Parish in Cebu City is created and inaugurated, with Jose Maria Cuenco as its first priest.

February 3 1899 A group of Cebu women sends a petition to General Emilio Aguinaldo asking that Spanish Bishop Martin Alcocer, who had fled Cebu after the revolutionary takeover, be allowed to remain in his post in Cebu.

February 4 1920 Aboitiz & Co. is formally incorporated. Aboitiz is a leading Cebu business firm which had its early beginning in the 1890s.

February 5 1949 Death of Felimon M. Dayanan (1889-1949) or “Fimerda”, poet, fictionist, and lexicographer.

February 6 1908 Major John S. Parke assumes command of the U.S. garrison in Cebu, succeeding Lt. Col. Ammon A. Augur.

February 7 1899 With the outbreak of the Filipino-American War on February 4, Gen. Antonio Luna issues an order addressed to all field officers: “Death to the tyrant.

War without quarter to the false Americans who wish to enslave us. Independence or death.”

February 8 1890 Birth in Dalaguete, Cebu of Cebuano poet Amando N. Osorio (1890-1946). Osorio served as Dalaguete mayor and Cebu Deputy Governor.

February 9 1657 A royal decree is passed requiring Chinese mestizos to pay double the amount for tribute paid by natives, following the practice in Cebu during those times.

February 10 Fiesta of Catmon and Dalaguete, Cebu 1899 The officials of the Philippine Republic in Cebu meet to discuss preparations for the impending war against the Americans. The meeting is called by Luis Flores. Juan Climaco is placed in charge of the war preparations.

February 11 1902 Today’s issue of Ang Suga (Vicente Sotto’s paper) continues its campaign against the Spanish friars, lambasting the editor of Ang Camatuoran, a Catholic newspaper, as “sound boxes” and “servile servants” of the friars.

February 12 1890 An ayuntamiento is established for the second time in Cebu (the first was abolished due to lack of personnel). It is composed of an alcalde, two lieutenant alcaldes, one sindico, and nine aldermen.

February 13 1857 A bishop’s decree confirms the erection of Tuburan, Cebu as a parish. Its patron saint is San Antonio de Padua.

February 14 1952 A legal battle continues to be waged over the controversial jackpot machine operators contest. A city ordinance banning the machine is getting an injunction order naming City Mayor Pedro Elizalde and Police Chief Nicolas Gabutina respondents.

February 15 1897 Gen. Adolfo Montero arrives in Cebu to assume the position of politico-military governor of Cebu.

He succeeded Gen. Celestino Fernandez Tejero y Mulet.

February 16 1901 Pantaleon del Rosario, revolutionary leader acknowledges receipt of reports about wavering patriotism among the principal residents of Carcar: “They appear about to give way to their discouragement and finally recognize American sovereignty”. Among others, del Rosario suggests the deployment of insurgent forces in the town to inspire inhabitants with respect for the revolution.

February 17 1923 Death of prominent poet and journalist Tomas R. Baguio (1885-1923), native of Cordova, Mactan.

February 18 1911 Colegio de San Carlos, known as the oldest school in the country, is formally incorporated.

February 19 1950 Bishop Julio R. Rosales, formerly of the Diocese of Tagbilaran, is installed as the new Archbishop of Cebu.

February 20 1952 Col. Ramon Enriquez takes over as Commander of the III Military Area with headquarters in Cebu.

February 21 1871 A bishop’s decree confirms the erection of Consolacion, Cebu as a parish.

February 22 1899 Cebuano leaders under Luis Flores surrender under protest the City of Cebu to the Americans.

At eight in the morning, Pablo Mejia, representing Cebuanos, hands over documents of surrender to the Commander of the American gunboat “Petrel”.

February 23 1899 Capt. Charles C. Cornwell, commander of the American gunboat “Petrel”, hoists the American flag up the staff of the Government House in Cebu City. This marks the formal occupation of the City of Cebu by the Americans.

February 24 1863 A royal decree establishes the parish of Toledo. It was originally the parish of Jinulauan.

1905 The Philippine Commission passes Republic Act No.1303 granting Martin M. Levering the franchise to install, operate, and maintain an electric light, heat, and power supply system in Cebu. Levering, Arlington Pond, and partners later sold the franchise to the Visayan Electric Company in 1910.

1937 Cebu City Charter Day The City of Cebu is inaugurated. Secretary of Interior Elpidio Quirino, representing President Quezon, inducts city officials headed by Alfredo V. Jacinto, the first City Mayor of Cebu.

February 25 1899 The first American ground troops – a detachment of 50 soldiers from the steamship “Boston” - arrive in Cebu to help secure American rule in the province.

1964 Death of Mariano Jesus Cuenco, Philippine Senator and longtime political kingpin of Cebu.

February 26 1886 The territorial Audiencia of Cebu is established. Its jurisdiction covers not only Cebu but Negros, Panay, Samar, Calamianes, Masbate, Leyte, Jolo and other islands.

February 27 1945 Gen. Douglas MacArthur turns over the civil government of the Philippines to Commonwealth President Sergio Osmeña, Sr. February 28 1922 A strong earthquake hits Cebu and destroys among others the tile roofing of the San Nicolas church.

SUGBO 2121 cebu monthly

cebuano section PAGTUKIB Ni: Jess B. Tirol, Ph.D., University of Bohol Director, Akademiyang Bisaya Ulalong 14, 2004 Bahin 2.

Pasiuna Adunay daghan nga mga pinulongan sa tibuok kalibutan. Matod pa ni August Scheicher, ang mga pinulongan mahan-ay sa tulo (3) ka matang. Kini sila mao ang Matinagsatagsahon (Isolating), Malinubaylubayon (Inflectional), ug Madinugtungdugtongon (Agglutinative).

Atong hinumdoman nga walay pinulongan nga lunsay sa matag matang. Aduna gayod ing diyotay nga sagol sa mga lain nga matang.

Mga Kinaiya Ang pananglitan sa pinulongan nga Matinagsatagsahon mao ang pinulongan nga Ininsik.

Sa Ininsik ang matag litpong (syllable) aduna nay kahulogan. Ilang tipuntiponon ang mga litpong aron makahimo ug laing kahulogan. Ang paglitok ug pahimundak sa pulong maoy labing mahinudanon aron ang Ininsik masabtan.

Ang pananglitan sa pinulongan nga Malinubaylubayon (Inflectional language) mao ang Linatin, Inginglis, Kinatsilâ, ubp. Kining maong pinulongan mosalimoad (inflect; modify) sa punglihok (verb) pinaagi sa paglúbay (conjugation) u gang pungan (noun) o pulingalan (pronoun) pagausab-usabon pinaagi sa pagduhog (declension).

Ang labing mahinungdanon niining maong pinulongan mao ang punglihok (verb) kay dinhi nimo mahibaloan ang panahong (tense) ug ihapán (number).

Ang pananglitan sa pinulongan nga Madinugtungdugtongon (Agglutinative language) mao ang Binisayâ ug Tinagalog. Niining maong pinulongan adunay sumbanan nga pulong (base-word). Aron pagbuhat og bag-ong pulong, magkuha kini og tipik sa usa ka pulong unya idugtong sa lain nga pulong o tipik sa lain nga pulong. Pananglit, “Dako nga bayan = Big village;” magkuhà kita sa DAK gikan sa “Dako” unya idugtong sa pulong “BAYAN,” mahimo na kini nga DAYBAYAN = City. Ang labing mahinungdanon niining maong pinulongan mao ang mga langgikit (affixes) sama sa “Mo..,” “Nag..,” “..on,” ubp. Adunay dul-an sa upat ka libo (4,000) nga mga langgikit sa Sugboanon Bisayâ.

Ang Kapahayág (Sentence) Matod pa sa Ininglis, ang kapahayág (sentence) mao ang pulong o hugpong sa mga pulong nga magapadayag sa hingpit nga hunàhúnà (A sentence is a word or group of words that

22 cebu Sugbo 22 monthly

expresses a complete thought). Matod pa sa sugisayod (definition) sa Ininglis, ang kahulogan o gipasabot anhâ ra nimo pangitaa sulod sa kapahayág.

Ang Binisayà lahî og pamaagi. Matod pa sa Binisayâ, ang kapahayág mao ang pulong o hugpong sa mga pulong nga magapadayag sa tuyò o hunàhúnà sa nagsulti o nagsulat (A sentence is a word or group of words that expresses the intention or thought of the speaker or writer). Sa Binisayâ ang mga pulong mao lang ang gabayan o panabang aron mapadangat ang tuyò o hunàhúnà. Ang kapaspason, pahimug-at sa pagsulti, ug mga lihok, apil sa pagpadangat sa tuyò o kahulogan.

Atong gamiton nga pananglitan ang kapahayág, “Pedro is fat = Tambok si Pedro.” Sa Ininglis nga pamaagi, atò kining tukibon nga, matod pa sa kapahayág tambok si Pedro (According to the sentence, Pedro is fat). Sa Binisayà nga pamaagi, atò kining tukibon nga, matod pa sa nagsulti, tambok si Pedro (According to the speaker, Pedro is fat).

Sa Ininglis nga pamaagi, ang kapahayág mao ang naghatag kanimo sa kasayoran nga tambok si Pedro. Sa Binisayâ, ang kahulogan anhà pangitaa sa sa tuyò o hunàhúnà sa nagsulti.

Mahinungdanon Ang kalahian sa sugisayod (definition) sa kapahayág mao ang unang labing mahinungdanon nga kalainan sa Ininglis ug Binisayà.

Itanom gayod kini sa inyong kaisipan. Sa Ininglis, ang kahulogan anhà ra pangitaa sa mga pulong nga gigamit sa kapahayág. Sa Binisayâ, ang kahulogan anhà pangitaa sa tuyò o hunàhúnà sa nagsulti.

Sa Binisayâ, kun nahibalo na ikaw kon unsa ang tuyò o hunàhúnà sa nagsulti, mahimo na nga mogamit ka og bisan unsang pulong.

Pananglit, adunay mga babaye nga dugay nang nagkahinabì. Usa kanila mokalit lang pag-ingon, “Koan, nahibalo ba ka nga nakoan si koan? Bali kay nagpakoan, mao nga nakoan hinuon.” Motubag ang usa ka babaye, “Sabà ka dihâ, nakoan si koan? Nganong nagpakoan man pod siya, nakoan na hinuon.” Hinumdomi nga kanang maong mga babaye mogamit sa tukmang mga pulong inighinabì na nila sa mga laing tawo.

Kun aduna pa ikaw ing duda sa akong gisulti karon, sulaye kuno paghubad sa Ininglis ang nahisulat sa itaas.

EDITOR’S NOTE: Dr. Jess Tirol is an expert on Sugbuanon grammar and vocabulary. With the implementation of the Multi-lingual Education (MLE) system, elementary school teachers can utilize his articles as classroom material. Cebuano language enthusiasts will likewise cherish this for the same reason.

dila ni Ramon M. Gallardo

Tipik ug kabahin kanatong Mga linalang ning kalibutan, Daw gitago ni Bathala aron Kaha di daling makita Sud sa atong baba.

Gamay ra man untang Matang sa unod, nga sa panit Di kahimong makapasakit ‘Pan kon ikaw molihok Na gani inubanan sa Nagkadaiyang tingog, Nagkalain-lain usab nga pagbati Ang imong matukbil.

Adunay kasingkasing magbakho O, ba kaha magmaya, mapungot, Usahay mahikatawa, Kay nagmugna kag mga pulong Nga mokusi sa balatian, Modasig sa galamhan, Makasumpaki sa baruganan, Usahay mogitik sa kahiladman.

Madali pa nga maalim ang Samad gumikan sa malantip Nga hinagiban, Kay sa mahait nga pulong Nga molagbas sa Balatian sa hingtungdan.

Ang Balaang Kasulatan Nagkanayon, “Anaa sa dila Ang gahum sa kamatayon Ug kinabuhi.”

Samtang ang apostoles nga Si Jayme nagpahinumdom, “Sama sa kalayo, ang dila Makaguba.”

Busa angay natong matngonan Ang mga pulong mogawas Sa atong kahiladman, Iampo tas kahitas-an Nga kanunay giyahan Sa langitnong pangisipan, Paglikay nga way pagbati Unya nga masakitan.

ABOUT THE POET 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 ABS-CBN TV Patrol Central Visayas before landing a career in the Cebu Provincial Information Office.

FEEDBack Recollections

Slices of Life

by Evangeline Lavilles de Paula

When I joined government service at Cebu Capitol, somehow “politics” became part of my career because I worked under ten governors. With six governors, I was assigned to their inner offices. I was fortunate to see and to know them up-close.

Provincial Consultant on Developmental Communication Special Projects.

254-2253 evangelinedepaula@ yahoo.com

My father was Atty. Gervasio L. Lavilles, a three-term councilor of pre-war Cebu City. My maternal grandfather, Ciriaco L. Lumain, was the first presidente (mayor) of Clarin, Bohol.

But even growing up with politicians in the family, I was not interested in politics.

When I joined government service at Cebu Capitol, somehow “politics” became part of my career because I worked under ten governors. With six governors, I was assigned to their inner offices. I was fortunate to see and to know them up-close.

The first governor I worked for was Atty. Jose L. Briones (1956-1961). I was first his student in Political Science at USC before I became his employee. Although he came from a distinguished family (Sen. Manuel Briones was his father), he never had an air of superiority over his employees. Instead he treated us as equals. He would offer his house in Manila for us to stay whenever we went to the capital city. His wife was equally as amiable and open-hearted.

Governor Briones was elected twice as governor and later on ran for congressman of the 2nd district twice and won both times.

Governor Francisco E.F. Remotigue (1961-1963) succeeded Governor Briones. He was well-known as abogado-decampanilla for he was a brilliant lawyer and had a lucrative legal practice. He brought in from his law office his brainy lawyers to Capitol. I had the good fortune to work with Filemon Fernandez of Carmen, George Bragat of Mandaue, and Hilario Davide, Jr. of Argao. All became well-known as themselves, especially Hilario Davide, Jr. who would become Chief Justice of the Supreme Court. Our office secretary was Virginia Perez, who would later become the wife of Hilario Davide, Jr. Hilario Davide III, LP’s candidate for Cebu Governor, is their eldest son.

Governor Remotigue was the first elected vice governor of Cebu when the post was created in 1959. He was a strict and meticulous employer. We bettered our office skills under him.

Vice Governor Priscillano Almendras of Danao City was appointed and became the Actg. Governor when Gov. Rene Espina left office to run for the Senate. Engr. Almendras was the brother of Senator Alejandro Almendras. In spite of coming from a wealthy family background, he was a down-to-earth person. But he could burst his high temper whenever provoked.

However, we were not afraid of him because his outbursts were short-lived. I was his stenographer and I am proud to say I was his most-trusted employee.

Governor Eduardo Gullas’ mildness of temper, innate friendliness, and readiness to help the poor were inherited from his parents Don Vicente Gullas and Doña Josefina Rivera Gullas who were both well-known philantrophists. I was a recipient of Inday Pining’s charity. In 1960 UV had not yet established their master’s degree scholarship. But she granted me the first award. A favor never to be forgotten.

I believe Governor Gullas’ business and political astuteness was inherited from his uncle, Atty. Paulino Gullas. He was a senator and the bar topnotcher in 1925. My father who worked for Don Paulino in his law office and with the newspaper The Freeman spoke highly of his mentor.

Inheriting his family values, plus putting them into practice in politics explain the longevity of the now Congressman Gullas’ political career, and the successes of his businesses.

Governor Osmundo Rama character was that of a man of an era where men were gentlemen and women were ladies.

He was well-mannered, righteous, and honest. The Ramas were closely family-oriented and his wife, children, and many other relatives often visited him after office hours.

In an official visit ot Spain, Gov. Rama noted that all the provinces there celebrated their Foundation Day. He instructed me to research on the date Cebu was “founded”. It was during his incumbency that the province first celebrated its foundation date.

I did not hear Gov. Rama burst into temper, except once.

That was when an Army official with a group of soldiers entered our office to tell him he was relieved as a governor because President Marcos had declared Martial Law. With his booming voice, be berated them and told them in no uncertain terms what he thought of the martial law and the President. He stepped down from Capitol in 1976 but came back to the governor’s seat in 1986.

Governor Emilio M.R. Osmeña (1988-1992) brought his business-style of management to Capitol, which eventually brought in money for the cash-strapped province. He re-organized the capitol offices trimming down the working force by one-half, from 1,600 to 800.

It was mostly the work of the personnel division which I headed as administrative officer. To lay off people who were solely dependent financially on their jobs can be a dangerous work. But we did reduce them to only 800, without the expected physical violence or legal cases. The laid-off employees were given monetary separation and were promised to work again whenever projects (many of them) were undertaken.

The success of the re-organization was a big factor in the Cebu Association of Administrative Officers’ decision to give me the award for the Most Outstanding Administrative Officer of the year. (1988).

Amidst much opposition, Gov. Osmeña sold a Lahug province-owned lot to Ayala Affiliates which were only used by his rich friends as a golf course. With his “SP bright boys” the late Engr. Greg Sanchez (infrastructure), Atty. Winston Garcia (legal) and Roberto Ybañez (economics) he created the Cebu Property Ventures which drew much needed funds to the provincial government.

Gov. Osmeña, after his term, left the provincial coffers Two Billion Pesos. The rest is history.

On top of his numerous accomplishments, his widelyknown legacies to the Cebuanos is the Transcentral Highway, the first Mactan Bridge, and the Mactan International Airport.

After his defeat by Joseph Estrada for the 1998 presidential post, his message to the Cebuanos showed his businesslike philosophy: “If we know how to fight, we must know how to lose.”

My first job at Capitol was that of a Laborer-Helper, the lowest rank. I retired as Provincial Administrator, the highest position for a career civil service post.

For all these I am very thankful to the governors who broadened my horizons by enhancing my career. Influenced by their sterling qualities made me a stronger and a better person.

23 SUGBO 23 cebu monthly

supplement SECTION

CORE VALUES IN PUBLIC GOVERNANCE

By Dr. Edgardo Z. Antonio , DODT

F

or the purpose of this article, the term “governor” means a person who is democratically vested with the authority to perform the tasks and duties of governance, at any level in any demographic or geographic sector of political constituency.

Core Values are the enduring and essential principles or virtues that govern the conduct of all processes in an organization, and between the organization and all its stakeholders, the public, and environment . They clarify the philosophies of the organization , frames the code of conduct that governs its members in the performance of work, in public and even in their personal lives. Collins and Porras , in their book Built To Last (1994) state that values contribute not only to success, but long-term survival of the organization .

The core values of an organization, like its vision and mission, are established by its founders or owners, and are adhered to by the organization’s subsequent generations of leadersand members. The faithfulness of adherence determines how long the organization lasts. The great religions have lasted for centuries or millenia because their generations of leaders and the greater majority of their constituents and believers faithfully adhere to and live out their 24 monthly 24 cebu Sugbo

respective core values as established by their respective founders. On the other hand, empires rose and eventually crumbled more from within than from without. The common factor behind the downfall of the empires is the erosion of the values that governed the conduct of their leaders and constituents, from the ideals that brought them to the heights of power to the corruption and decadence that led to their downfall. Corruption is basically a deviation from an ideal.

When the conduct of the leaders and members of an organization, or society or government or nation , deviate from the core values espoused by its founders, then we say that it is corrupted. The degree of corruption is an indication of the proximity of its decline. In our Philippine experience, for so many years public governance have suffered from deviations from its supposed core values both at national and local settings. These resulted to the current skepticism of the governed on the effectiveness of the system of governance , and sadly fuels the continuing exodus of useful and skilled human and financial capital from the economy . This series of articles, made upon the invitation of a close friend who is now in public service, is the start of an attempt to explore and analyze how our national and local situation fares with respect to the core values in public governance, and what could be done by stakeholders to improve the situation .

This chapter in this series of articles shall address the issues of : 1) What are the core values that can be proposed to govern the conduct of public governance in our democratic system ? 2) How does our Philippine

and local experience and situation rate vis-a-vis these proposed standards ?

Succeeding chapters shall dwell on the possible systemic strategies , programs and solutionsthat can be proposed to improve our situation.

If we take off from Lincoln’s “government of the people, by the people and for the people”, then we can logically infer that the core values that can be proposed to drive and guide public governance in a democratic society should include among others : Legitimacy, Accountability, Service and Transparency. It is simple coincidence that this short list of values reduces to the acronym : LAST, again thanks to Drs. Collins and Porras.

John Locke (1632–1704) said that political Legitimacy derives from popular explicit and implicit consent of the governed. In our time this practically translates to the appointment to governance authority through democratically established processes of nomination and election which are carried out in fair, truthful and honest ways. A public servant whose authority to govern has been obtained through less than these tenets does not have the legitimacy to govern.

Any person with the incumbent authority to govern but hinders or in any way diminishes the integrity of these legitimacy processes, is also transgressing this core value , and to a greater degree since it is done through the use or abuse of incumbent authority . Sadly , the Philippine record in this regard is marred with numerous and persisting deviations from this core value. There is a growing belief that the structures and mechanisms that tend to perpetuate the transgression of this core value

have been institutionalized into our national culture. Our country’s notoriety in electoral fraud is shown by the many emails that the writer has received from his friends and relations in the USA, all pointing to their opinion as to why the USA does not favor the inclusion of the Philippines as a member state of the union. They opine thatthe Americans are afraid that if the Philippines is included as member state of the union, the next President of the USA might be a Filipino because of our national reputation for electoral fraud. Some took this with a sense of humor but it hits me as a hurtful sarcastic joke.

Accountability requires that a governor has to account and justify the conduct and outcomes of governance to the entire constituency.

This includes among others, the effectiveness and efficiency of utilization of resources and authority that were entrusted by the constituents, and the relevance of the outcomes to the needs and wants (vision-mission) of the constituents. In a pluralistic democratic society where the rights of all constituents before the law are equal, the accountability is not only to a selected sector of the constituency but to all its sectors and members.

Sadly again, the patronage aspects ( “utang-na-loob” ) of our national culture have repeatedly contributed to the transgression of this core value by many of the governors in our history. In many instances, some decisions and actions taken favored the interests of those who helped place the governor in the position of governance, to the detriment of the interests and needs of the greater majority of constituents. In many

instances, the perpetuation of power and financial gain in favor of the governor and/or the political party or dynasty to which the governor belongs, became the main consideration in these decisions and actions. The deviation (corruption) here is simply one where loyalty to self, or to a group or interests other than the vision and mission of the organization, constituency or nation, becomes the main consideration of the governor in the exercise of choices and action.

Even in the most powerful dynasties and empires, these deviations and excesses eventually led to uprising , revolution and eventual rectification, some of which were carried out with extreme physical violence The core value of Service need to be characterized by its required quality and quantity. The required quality of service in public governance is one that is sensitive and dedicated to the needs and interests (vision, mission, goals, objectives ) of the greater majority of the constituents, without neglecting those of the minorities, perhaps even to the extent of sacrificing self-interests.

Few are the honorable acts of leaders who in the face of proven failure of governance, courageously but gracefully bowed out of office for the sake of the integrity of the office and the preservation of the credibility of the system of governance.

In the Philippine setting, we have witnessed many situations where the incumbent leader or governor tenaciously stuck to office and power despite overwhelming evidence of catastrophic failure of governance or major deviations from the core values of public governance, and which are even proven through duly established fair and legal processes . In traditional Japanese culture, “hara-kiri” or suicide is an honorable act of accepting failure. In the Philippines, the responsibility or innocence of leaders for catastrophic failure, national plunder or even murder, takes forever to prove. We are sometimes internationally referred to as the “land of eternal investigations” of plunder and criminal cases of prominent political personages that are never brought to closure. These have contributed to our tarnished image in the global community .

The quantity of Service is measured by the effectiveness of decisions made and efficiency of

actions taken in fulfilling the needs and interests of the constituents, with priority to those of the greater majority, again without neglecting those of the minorities. In a developing economy like ours, the most important yardstick of governing performance are economic in nature since the breadbasket is the topmost common daily concern of the vast majority of constituents.

Ironically most of the commonly employed yardsticks of performance in the Philippine scene run along entertainment rather than economic factors . Many leaders have exploited the Filipinos’ propensity to festivities, entertainment, fun, personalities, even rumor and gossip, to deviate their attention from the more critical concerns of the economy that affects the breadbasket of the masses. While it is true that : “It is more fun in the Philippines”, the people must be expecting economic performance from the governors and leaders, simply because the rapidly increasing number of the poor who cannot have three square meals per day are not having fun on their hungry stomachs.

A sub-core value of Service would be Accessibility . This is consistent with the basic principle of Service Marketing that advocates attention to customer needs, concerns and suggestions.The customer’s (constituent’s ) trust in the service provider’s ( governor’s) willingness to serve is easily earned and reinforced whenever the service provider’s highest ranking representatives give an ear to the customer’s concern, be it a complaint or a suggestion.

The higher the rank of the listening officer, the higher the assurance of attention given to the concern of the customer. In the political jargon this is the meaning of the phrase: “madaling lapitan” or “sayong duolon”.

This practice was the hallmark of the charisma of popular leaders like former President Ramon Magsaysay, Mahatma Ghandi, Nelson Mandela, and the founders of the great religions.

It is the simplest gesture that boosts the image of a person who is ready to be of service to others. In a similar fashion but on a slightly different angle, the governor has to make sure that the services of the institution that is represented are made accessible to all constituents through all its functional units, without prejudice to social or economic status. Thus

many business organizations have reinforced their customer relations program with the contracted services of call center organizations so as to encourage their customers to address their concerns and complain directly to them before they complain to anybody or everybody else. There is however a growing disgust over the impersonal way these concerns are addressed by call centers in a stonewalling fashion. The customer will always prefer the person to person audience with the person who is in the capacity to address the customer’s concern. In public service, the most reassuring presence is nothing less than that of the leader’s/governor’s personal audience. This task becomes more daunting as the breadth of governance widens. Nonetheless, the leader / governor has to find a way to assure all constituents that their concerns reach his/her attention.

Failure to do so endangers the leader’s image before the constituents. Bad impressions spread faster than good ones.

Transparency requires complete, truthful, honest and timely reporting, accounting and disclosure to all the constituents of the conduct and outcomes of governance . Corollary to this requirement is the governor’s observance of respect for the mandate and authority of the agencies and organizations that are mandated by law to check, audit and report to the constituents, the conduct and outcomes of governance, and the agencies authorized to enforce their verdict. Thus, we have the Sandiganbayan and the Ombudsman.

Recently these mandated agencies have been doing a good job both at national and local levels, thanks to the model example and support of the incumbent national leader and the will of the people to support the movement towards adherence to good values in public governance. We are seeing encouraging developments along this direction even in our own province of Cebu.

For a governor or leader to be able to adhere to these proposed core values in all their intentions, directions, priorities and conduct of governance, they need one encompassing and enabling quality which is INTEGRITY. Merriam – Webster defines integrity as the firm adherence to a code of moral or artistic core values. If

this enabling virtue is added to the first four, then the set of core values proposed for public governance would be as follows : Integrity to adhere to the core values of Legitimacy, Accountability, Service and Transparency or LAST. Any governor or leader who can adhere to these core values can be assured of a lasting place in the fond memory of their constituents.

There are recent encouraging signs in our country. The writer is personally witnessing the willingness of an increasing number of professionals in the private sector and the academe , to share their skills and talents in making the system of local governance more responsive to the needs and expectations of the governed (reminds us of post EDSA-1 in Cebu, the CEBU Inc. movement ) .

The improved rating of the Philippine economy by international economic rating organizations is an indication of the improving image and credibility of the system of governance in the country. The whole nation must rally behind the current national leadership in this quest . We must do our part in our own local setting.

The next chapters of this analysis shall dwell on the possible strategies, avenues and participation by various sectors along this quest .

The writer is a professor in the Graduate Schools of the University of San Carlos and Cebu Doctors’ University, with focus on organization development, business administration and management . He also works as Senior Vice President of an international school in Cebu and Consultant to the province of Cebu on legislative and development projects. He has a Master in Management degree from Asian Institute of Management and Doctor of Organization Development and Transformation (DODT) degree from Cebu Doctors’ University. He was a member of the founding committee that organized CEBU Inc. immediately after EDSA-1 to map out the strategies and programs to boost Cebu out of the economic quagmire that immediately followed EDSA-1. He was consultant to various local government units in programs for socio-economic development, the ethnic minorities, information and revenue generation systems . He has been a resident of Cebu since 1979.

25 cebu monthly SUGBO 25

Environmental code Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 27

The failure to issue delivery receipts, or the issuance of fraudulent ones shall be sufficient ground for the suspension or revocation of the permit. (Art. II, Sec. 15, Ord. No. 92-07; Art. II, Sec. 14, Ord. No. 93-25)

Res. No. 1483-2012/Ord. No. 2012-13

operation, rehabilitation plan, and economic feasibility study of the proposed operation; d. Initial Environmental Examination Report or Environmental Impact Report; e. Community Environment Resource Office certification whether the area is a public land or private land; f. Certification by the Punong Barangay concerned attesting the fact of survey conducted; with the favorable indorsement of the Municipal Council concerned; g. Proof of financial and technical capability of the applicant to develop and exploit the material applied for and to rehabilitate the area affected; h. Submission of an Environmental Compliance Certificate. (Art. III, Sec. 19, Ord. No. 92-07; Sec. 1, Ord. No. 93-6; Art. III, Sec. 18, Ord. No. 93-25)

(cc) Commercial permit. A commercial permit shall cover an area of not more than one (1) hectare and involves the extraction of sand, gravel, earth and other ordinary stones which are taken in their natural or original state without undergoing processing. It is granted for a period of not more than one (1) year, renewable for the same period, but not more than five (5) renewals. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 1, Ord. No. 93-25) (dd) Documents required. A commercial permit application shall be supported by Survey Plan prepared by a licensed Geodetic Engineer, Initial Environmental Examination Report, Operational Plan, and a Rehabilitation Plan of the area applied for. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 2, Ord. No. 93-25)

Page 29

(ee) Limitation. A commercial permit shall be granted to any qualified person not within third civil degree relations, either by consanguinity, or affinity of an existing permittee. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 3, Ord. No. 93-25)

(qq) Cash bond. To answer for whatever damages that may result in the extraction or operation, the applicant shall post a cash bond in the amount of Twenty Thousand Pesos (P20,000.00) to be deposited with the Provincial Treasurer for a permit to extract sand and gravel. (Art. III, Sec. 19, Ord. No. 92-07; Sec. 1, Ord. No. 93-6; Art. III, Sec. 18, Ord. No. 93-25)

(ff) Cash bond. The commercial permittee shall post a cash bond in the amount of Five Thousand Pesos (P5,000.00) to the Provincial Treasurer to answer for whatever actual damage that may be incurred by reason of his operation. (Art. II, Sec. 16, Ord. No. 9207; Art. III, Sec. 15, par. 4, Ord. No. 93-25

(rr) MCWD exemption. The documents required in Section 138 hereof shall not be required of Metropolitan Cebu Water District vis-à-vis excavation or extraction necessary for the construction or maintenance of mini-dam or weir in Jaclupan, Talisay City. (Art. III, Sec. 19, Ord. No. 92-07; Sec. 1, Ord. No. 93-6; Art. III, Sec. 18, Ord. No. 93-25)

(gg) Foreshore permit. A foreshore permit shall cover an area beyond one hundred (100) meters from the watermark at the mean low tide extending seaward or lakeward to extract sand, gravel, earth and ordinary stones, including like materials detached from their source and transported by the action of the water to accumulate in the bed of seas and lake. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(ss) Temporary industrial permit. The Governor may, upon request in writing and pending approval of the permit, motu proprio, grant the application for a Temporary Industrial Permit to conduct commercial operations for a period of not more than six (6) months, renewable only once, subject to the terms and conditions provided herein, under a close supervision of a Technical Committee created by the Governor. (Art. III, Sec. 19, Ord. No. 92-07; Sec. 1, Ord. No. 93-6; Art. III, Sec. 18, Ord. No. 93-25)

(hh) Area and duration. A foreshore permit shall embrace an area of not more than one (1) hectare in beds of lakes and seas and is issued for a period of not more than one (1) year renewable for the same period but not more than five (5) renewals. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25) (ii) Documents required. A foreshore permit application shall be supported by a Survey Plan prepared by a licensed Geodetic Engineer. Initial Environmental Examination Report, Operational Plan and when necessary, a Rehabilitation Plan of the area covered. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(tt)

Permit for personal use. The Governor may issue to an individual resident of the province a permit to extract the materials covered by this code in such quantity as may be needed, exclusively for the construction or repair of the latter’s dwelling not worth more than Ten Thousand Pesos (P10,000.00) or of such structures required by his backyard livelihood project, provided that in both cases the labor is supplied by the applicant.

Page 31

(ccc) Size of allowable area. The maximum area that may be covered by a quarry permit shall not be more than twenty (20) hectares, the boundaries of which shall be established with prominent marks on the ground. (Art. IV, Sec. 28, Ord. No. 92-07; Art. IV, Sec. 25. Ord. No. 93-25) (ddd) Records of extraction and disposal. The permittee shall keep a book of accounts wherein there shall be entered every day the kind and quantity of quarry resources extracted from the permitted area as well as the quantity disposed of or sold during the day, the selling prices, the names and addresses of the persons to whom the same were disposed of or sold.

The book shall be opened at all times for the inspection of the representatives of the Governor and of the Provincial Treasurer. (Art. IV, Sec. 29, Ord. No. 92-07; Art. IV, Sec. 26, Ord. No. 93-25) (eee) Quarterly report. The quarry permittee shall submit to the Provincial Treasurer, copy furnished the Office of the Governor, Provincial Environment and Natural Resource Office and the Committee on Ways and Means within ten (10) days after the end of each quarter of the calendar year, sworn report containing the kind and quantity of quarry materials extracted, the amount of the tax paid, the quantity disposed of or sold during the period covered by the report, the selling prices, the names and addresses of the person to whom the same were dispose of or sold. (Art. IV, Sec. 30, Ord. No. 9207; Art. IV, Sec. 27, Ord. No. 93-25) (fff) Deputies of the Governor. The Provincial Treasurer, Provincial Engineer, Legal Officer and the Provincial Environment and Natural Resources Office shall be the deputies and such shall perform the function, and those that the Governor may assign from time to time in connection with the provisions of the ordinance. (Art. V, Sec. 32, Ord. No. 9207; Art. V, Sec. 29, Ord. 93-25) (ggg) Provincial Treasurer. The Provincial Treasurer shall determine the fair market value in the locality of the material covered by the ordinance; collect all taxes and fees prescribed herein; cause the inspection of the permittees book of account and keep custody of the reports that the permittees are required to submit. (Art. V, Sec. 33, Ord. No. 92-07; Art. V, Sec. 30, Ord. 93-25)

A certification under oath, attesting to the foregoing facts, by the Barangay Captain of the place where the applicant resides shall accompany the application.

(jj) Limitation. A foreshore permit shall be granted to any qualified applicant not within third civil degree relations either by consanguinity or affinity of an existing permittee, without prejudice to the Anti-Dummy Law. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(hhh) Provincial Engineer. The Provincial Engineer shall cause the verification of the areas applied for and examine the survey plans, maps and other allied documents required to be submitted under this ordinance. (Art. V, Sec. 34, Ord. No. 92-07Art. V, Sec. 31, Ord. 93-25)

No Survey Plan, but only a simple sketch of the area duly certified by the Barangay Captain concerned, shall be required, nor shall payment of filing and other fees be demanded. (Art. IV, Sec. 20, Ord. No. 92-07)

(iii) Legal Officer. The Legal Officer shall hear and investigate disputes arising from the provisions of this ordinance and report his findings to the Governor. (Art. V, Sec. 35, Ord. No. 92-07; Art. V, Sec. 32, Ord. 93-25)

(kk) Vertical pole markers. The foreshore area shall be marked with vertical poles of distinct colors with the corners visible at all times above the water.

(uu) Negligible extraction. The extraction in negligible quantity of materials covered by this ordinance for non-profitable use or purpose need not require a permit. (Art. IV, Sec. 21, Ord. No. 92-07)

(jjj) Provincial Environment and Natural Resources Office (PENRO). The PENRO shall approve the rehabilitation plans for the areas applied for and determine, in the process, the suitable trees and plants to be planted and other rehabilitation items to be placed thereon. (Art. V, Sec. 36, Ord. No. 92-07; Sec. 4, Ord. No. 93-6; Art. V, Sec. 33, Ord. 93-25)

The taking of “puka” is not covered by the permit. In no case shall coral growth and transformation and other shelter and habitats of marine life be destroyed in the course of the excavation operation. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25) p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

(ll)

Page 28

27

Gratuitous permit. A gratuitous permit is granted to any government instrumentality or entity in need of materials for infrastructure projects undertaken under its administration, covering an area of not more than two (2) hectares for a period coterminus with the duration of the project, but not more than one (1) year, renewable for the same period. (Art. III, Sec. 18, Ord. No. 92-07; Art. III, Sec. 17, Ord. No. 93-25)

(mm)Conditions and limitations. A gratuitous permit may be issued under the following conditions and limitations: a.

That the applicant shall submit a project proposal as to where the materials to be extracted are needed; b.

That the permittee shall whenever practicable, use its own vehicles and equipment in extracting, hauling and transporting the materials; Provided, however, that the permittee may enter into a contract with a private person or entity, duly registered with the Office of the Governor, for the purpose of hauling and transporting such materials; c.

That the extracted materials shall be used exclusively for infrastructure projects and in no case shall the same be disposed of commercially; d. That delivery receipts shall be issued to, and carried by, the drivers of the hauling vehicles; e.

That the permittee shall submit to the Provincial Treasurer, copy furnished the Office of the Governor, the Provincial Environment and Natural Resources Office and the Committee on Ways and Means of the Sangguniang Palalawigan, the monthly report required in Section 114 hereof; and, More than one (1) permit may be granted to the applicant depending upon the volume needed in the project proposal, proximity, size and other factors. (Art. III, Sec. 18, Ord. No. 92-07; Art. III, Sec. 17, Ord. No. 93-25) (nn) Industrial permit. An industrial permit covers areas of not more than eight (8) hectares for an individual and twenty (20) hectares for a partnership or corporation and involves the extraction of sand, gravel, earth and ordinary stones, that necessitate the use of mechanical processing, for a period of five (5) years, renewable of a series of five-year periods, but not exceeding a total of twenty-five (25) years. (Art. III, Sec. 19, Ord. No. 92-07; Sec. 1, Ord. No. 93-6; Art. III, Sec. 18, Ord. No. 93-25) (oo) Condition precedent. The industrial permittee shall not be allowed to operate until after the processing machinery or crushing equipment shall have been installed; Provided, that the permittee may enter into an agreement with an owner of an existing processing plant; Provided, further that failure of the permittee to install the equipment within six (6) months from the grant of the permit may cause its revocation. (Art. III, Sec. 19, Ord. No. 92-07; Sec. 1, Ord. No. 93-6; Art. III, Sec. 17, Ord. No. 93-25) (pp) Documents required. The application for industrial permit shall be supported by the following documents: a. Plan of the area duly surveyed by transit and tape by a licensed Geodetic Engineer duly deputized by the Office of the Governor; b. Clearances from the government agencies concerned that may be affected by the operation; c. Project study prepared, signed and sealed, by a licensed Engineer registered with the Office of the Governor, stating among others, the nature and kind of materials applied for, production rate, equipment and machineries to be used, estimated volume of the deposit, financing scheme, marketing, technical and personnel p.t.o./

26 monthly 26 cebu Sugbo

(vv) Extraction of other quarry resources. The extraction of other quarry resources within the territorial jurisdiction of the province shall be allowed only under the permit issued by the Governor in accordance with this code. (Art. IV, Sec. 22, Ord. No. 92-07; Art. IV, Sec. 19. Ord. No. 93-25) p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Page 30 29

p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Page 32

31

(ww) Filing and registration of quarry permit. All applications for quarry permits and other related documents shall be filed and/or registered with the Office of the Governor.

Upon filing and/or registration, the following fees shall be paid: a. Quarry permit application – P120.00; b. Other related documents – P50.00. (Art. IV, Sec. 23, Ord. No. 92-07; Art. IV, Sec. 20, Ord No. 03-25)

permits, covered by this ordinance must be verified and filed with the Office of the Legal Officer, (Provincial Attorney’s Office) accompanied by the receipts of the payment of the filing fees and the proof of service of the copies of the claims, protests, and oppositions upon the respondents.

(xx) Who may be granted quarry permit. A quarry permit may be granted to any qualified person, as herein defined, who has complied with the requirements prescribed by this code, provided that a juridical person must present proof of its existence. (Art. IV, Sec. 24, Ord. No. 92-07; Art. IV, Sec. 21, Ord. No. 93-25)

The adverse claims, protests, or oppositions shall contain the name and address of the adverse claimant, protestant, or oppositor, and the respondent, a detailed statement of the ground and facts relied upon and exhaustive discussion of the issues and arguments raised; in addition, shall be accompanied by the affidavits of the witnesses and other supporting documents. (Art. VI, Sec. 37, Ord. No. 92-07; Art. VI, Sec. 34, Ord. No. 93-25)

(yy) Area survey. No application for quarry permit shall be approved unless the area applied for has been previously surveyed; Provided, that if the area applied for has been previously surveyed and approved by proper authorities, such survey may be considered sufficient; Provided, further that if the area applied for constitutes only a portion of the area previously surveyed, a new survey may not be ordered if, by using the survey plan said portion can be clearly delineated and segregated from the rest of the surveyed area. (Art. IV, Sec. 25, Ord. No. 92-07; Art IV, Sec. 22, Ord. No. 93-25) (zz) Survey application. If the area applied for has not been surveyed, or is a portion of a surveyed area which cannot be delineated by existing corners of the approved survey plan, the applicant shall, within thirty (30) days from the filing of an application for quarry permit, file an application with the Office of the Governor for the survey of said area.

(Art. IV, Sec. 26, Ord. No. 92-07; Art. IV, Sec. 23, Ord. No. 93-25) (aaa) Documents accompanying application. The application shall be accompanied by: a. Two (2) copies of the application for quarry permit; b. A duly notarized survey contract executed by and between the applicant and the authorized Geodetic Engineer which shall stipulate among other, the following: 1. The names of the contracting parties; 2. The assigned number and date of filing of the quarry application and location of the area sought to be surveyed; and, 3. The consideration or contract price and mode of payment of the same. c. Affidavit of the proposed deputy Geodetic Engineer representing that he can execute the survey of the claims and submit the returns thereof within the period prescribed unless prevented by force majeure, and admitting payment by the applicant of not less than twenty percent (20%) nor more than fifty percent (50%) of the agreed professional fee paid in advance in consideration of such representation; and, d. A survey bond filed by the deputy Geodetic Engineer in the amount of Ten Pesos (P10.00) per hectare but not less than Five Hundred Pesos (P500.00) per application for survey, which bond shall be subject to forfeiture for failure to execute the survey and/ or comply with his obligations under this code. (Art. IV, Sec. 26, Ord. No. 9207; Art. IV, Sec. 23, Ord. No. 93-25) (bbb) Duration of the permit. The permit shall be for a term of five (5) years, and may be renewed for one more term of five (5) years, but in no case shall the total exceed twenty-five (25) years. Pending the issuance of a quarry permit, a special permit may be granted to an applicant to extract quarry resources for test and experimental purpose in such quantity as the Governor may determine. (Art. IV, Sec. 27, Ord. No. 9-07; Art. IV, Sec. 24, Ord. No. 93-25)

(lll) Answer. If the adverse claim, protest, or opposition is sufficient in form and substance, it shall be given due course; otherwise it shall be dismissed. should it be given due course, the respondent shall be required to answer within a period of not less than five (5) days nor more than fifteen (15) days from receipt of the order. The order shall also fix the date of summary hearing.

The answer shall contain a detailed statement of the facts relied upon by the respondent; and exhaustive discussion refuting the issues and arguments raised in the claim, protest or opposition; and defenses availed of by the respondent. It shall be accompanied by the affidavits of witnesses and other supporting documents, if any.

(Art. VI, Sec. 38, Ord. No. 92-07; Art. VI, Sec. 35, Ord. No. 93-25) (mmm) Summary hearing. After the issues are joined, a summary hearing shall be conducted in one sitting or in a number of successive sessions which shall not last more than five (5) days. The Hearing Officer shall submit his report and recommendation to the Governor within fifteen (15) days from the termination of the investigation. (Art. VI, Sec. 39, Ord. No. 92-07; Art. VI, Sec. 36, Ord. No. 93-25) (nnn) Decision. The Governor shall decide the case within five (5) days from submission of the report. The decision shall become final and executory after the (10) days from receipt of it, or of the order denying the motion for its reconsideration, by the aggrieved party; Provided, that only one motion for reconsideration shall be allowed. (Art. VI, Sec. 40, Ord. No. 92-07; Art. VI, Sec. 37, Ord. No. 93-25) (ooo) Amount of tax and mode of sharing. Holders of permits, other than gratuitous, shall pay in advance to the Provincial Treasurer a tax of ten percent (10%) of the fair market value per cubic meter of ordinary stones, sand, gravel earth and other quarry resources extracted from public lands, or from beds of seas, lakes, rivers, streams, creeks, and other public water within the territorial jurisdiction of the province, Provincial Treasurer may allow, subject to the conditions stated in an instrument signed by the parties concerned, staggered payment of the tax.

Of the gross amount of the taxes collected under this section, twenty percent (20%) shall be set aside and retained by the Province for administrative cost. The net proceeds shall then be divided according to the sharing scheme as provided under the Local Government Code of 1991. (Art. VII, Sec. 41, Ord. No. 92-07; Art. VII, Sec. 38, Ord. No. 93-25; Sec. 1, Ord. No. 96-6) (ppp) Grant of exemption to the Metropolitan Cebu Water District (MCWD). The Metropolitan Cebu Water District is hereby granted exemption from payment of the tax p.t.o./

p.t.o./ 28

(kkk) Substantial requirements. All adverse claims, protests and oppositions involving

30

32

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 33

levied by the foregoing section for the extraction of sand and gravel from the Jaclupan Valley, Talisay City, Cebu; Provided, that the extracted materials shall be exclusively devoted to the use of the City of Cebu in its asphalt batching plant and road restoration projects, and to the use of the province or any of its component cities and municipalities in their infrastructure projects. In any other case, the MCWD shall be subject to the tax imposed. (Art. VII, Sec. 42, Ord. No. 92-07) (qqq) Other exemptions. Individuals permitted to extract materials covered by this code for their personal use under Section 142 hereof shall be exempt from the tax herein imposed, unless it is shown that the extracted materials have been used for other purposes. (Art. VII, Sec. 43, Ord. No. 92-07) (rrr) Prohibited acts or omission. The following acts or omissions shall be deemed unlawful: a. The extraction of materials covered by this ordinance without a permit; b. Misrepresentations made in the application for permit or in the documents supporting thereof; c. Applying for permit for an area knowing fully well that it is already covered by a valid existing permit; d. Unauthorized transfer for permit to an individual, partnership or corporation; e. The extraction or sale of materials in excess of the allowable quantity specified in the permit; f. The extraction of materials outside the permitted area; g. Selling, transferring, or conveying a false permit, knowing fully well its falsity; h. Failure to put up the vertical pole markers required in a foreshore permit, or the ground markets in other permitted areas; i. Unauthorized removal or destruction of the boundary markers mentioned in paragraph (f) of Section 7 hereof; j. Failure to put up the required signboard in the permitted areas; k. Failure to keep a book of accounts; l. False entries in the book of accounts; m. Failure to submit a monthly or quarterly, as the case may be; n. Unjustifiable refusal to allow the proper authorities to inspect the book of accounts; o. Failure to issue the genuine delivery receipts to drivers of vehicles hauling extracted materials; p. Issuing fake delivery receipts; q. Failure to present delivery receipts to drivers of vehicles hauling extracted materials; r. Disposing of, commercially, the materials extracted under a gratuitous permit; s. Extracting sand and gravel from beaches; t. Extracting any article from riverbanks; u. Willful obstruction or harassment of the Governor or any of his representatives in the performance of duties pursuant to this ordinance; and v. Willful obstruction or prevention of the permittee from undertaking the extraction operation pursuant to this permit. (Art. VIII, Sec. 44, Ord. No. 92-07; Art. VIII, Sec. 39, Ord. No. 93-25) SECTION 6. REHABILITATION/RESTORATION. Environmentally damaged or degraded portions of areas subjected to quarrying and mining shall be immediately rehabilitated by the proponent during or upon completion of operations. Said rehabilitation/restoration program shall be included in the program of work to be submitted while securing the permit for the operation. (Revised based on Section 19 of RA 7942)

Page 35

B) Component Cities and Municipalities 1) Ensure effective management, protection and maintenance of small watershed which are sources of local water supply; 2) Conduct comprehensive study on hydrological mapping of water resources within its political jurisdiction; 3) Undertake immediate rehabilitation of critical watershed of irrigation systems; 4) Implement measures for safe and adequate water supply; and 5) Collect fees and charges to water users in accordance with Section 289 of RA 7160.

SECTION 3. INTEGRATED WATER RESOURCES MANAGEMENT. While Cebu is one of the highly urbanized and industrialized provinces in the country; its water resources nevertheless have reached critical levels. It is to such extent that the sustainability of water resources is seriously threatened and water scarcity is affecting the whole region; not to mention the impending worsening impacts of climate change. As a catalyst for the sustainable development of water resources, the Province subscribes to the principles of the Integrated Water Resources Management (IWRM). As such, the Province will initiate and coordinate with LGUs, public sectors, and private stakeholders, to mainstream the process of coordinated management of land (and all related resources on the land), water, and air, for social and economic development without sacrificing the vital ecological systems.

Water resources management goal is to achieve the desired water quantity at the sustained level, for the demands of the environment and human activities. As such, water resources in the province shall be managed appropriately for the primary purpose of meeting sustainably the basic water requirement for the following: a) potable water of all residents of Cebu; b) sustained agricultural production; c) the growing industrial, recreational and commercial development activities. Securing the availability of adequate water supply shall be achieved appropriate through water resources pricing, institution of local water pollution control legislation, and establishment of the Cebu Network for Watersheds. Further, it is hereby declared that it is the policy of the provincial government that water resources in the province shall be equitably managed and shared, and that no municipality shall be deprived of safe and clean water.

SECTION 4. WATER POLLUTION. Water quality management is a shared responsibility of the local government units with the DENR and other agencies under the Clean water Act and other laws. The Province ensures that a highly participatory process is effected in the monitoring and control of water pollution. Considering the trans-jurisdictional nature of water pollution, the Clean Water Act provides for the establishment of water quality governing board, corresponding to the Water Quality Monitoring Area (which is the Watershed). The Province will coordinate with the EMB/DENR and the National Water Resources Board for the establishment and operation of the Water Quality Monitoring Area and the subsequent water quality governing board.

Where the pollution discharge is minor and the resources of the LGU in the watershed are insufficient for the establishment and operation of a Water Quality Management Board, the Province will coordinate/ cooperate with the EMB/DENR in monitoring the water quality and with the National Water Resources Board in the planning and allocation of the water and the river system.

The Province supports the capacity building program for the officials and personnel of LGUs outside any water quality monitoring area and its corresponding Water Quality Management Board.

The Province on its own initiative, or upon the recommendations of the LGUs involved, may plan and develop water resources for water supply, power, flood control, and recreational purposes, provided the LGU or LGUs hosting the development project will receive the appropriate royalties and payment.

Large watersheds normally cover a number of LGUs. As LGUs are entrusted to manage forest tracts within their jurisdiction; such as, the Community Watershed (as provided for in RA 7160), it is important for the Province to coordinate forestry activities of the LGUs, in matters of control of insect vectors, soil erosion and landslides, forest fires, use of various tree species, re-introduction of biodiversity, harvesting, and the construction and maintenance of appropriate infrastructure; such as, hiking pathways, look-out towers, camping grounds, including solid waste management and fire control facilities.

The Province on its own initiative or upon recommendation of affected LGUs may convene a technical working group to address concerns affecting the reliability and security of the water supply. Those concerns may involve the impacts and adaptation measures to address climate change, geologic incidents (such as, landslides), forest fires, and large tourism and infrastructure projects proposed within the watershed.

The Province shall initiate and coordinate the collaboration of Local Government Units and other stakeholders sharing the same river system in the management of the ecosystem beyond their administrative jurisdiction. The Province actively supports the River Basin Management Organizations.

The province shall formulate policies for the protection of water bodies (as per PD 1067 and RA 9275), wetlands and recharge areas/aquifers; defining the hydrology and easements as environmentally critical areas and therefore, form part of permanent open space for conservation and prevention/control of water contamination. Appropriate treatment of wastewater, as per RA 9275 (Clean Water Act), shall be prescribed through a local ordinance for the protection of water resources.

The Central Cebu Protected Landscape is comprised of Mananga River Watershed, Kotkot-Lusaran River Watershed, Buhisan River Watershed Forest Reserve, Central Cebu National Park and Sudlon National Park. Such proclaimed watersheds are critical for water production to support socio-economic development in the province. The “General Management Framework” for the Management and Sustainable Development of Cebu’s life support systems, shall form part of the provincial physical framework.

SECTION 8. SMART GROWTH AND WATERSHED PLANNING IN FLOOD PREVENTION AND MANAGEMENT PROGRAMS. Although flooding is often referred to as a natural disaster, it has been increasingly recognized that some flooding is the result of man-made actions arising from poor land use planning and resource management decisions.

The relationship between poor land development patterns and flooding is largely the result of increased amounts of impervious surface coverage and the loss of water storage areas. As forests and fields are converted to development or other uses, rainwater that

Res. No. 1483-2012/Ord. No. 2012-13

There shall be a user’s fee (cash or surety bond) to be collected from quarrying and mining operators which shall be deposited as trust fund/revolving fund for environmental management programs. Among other requirements, an accounting of the cash/surety bond and assessment of compliance/implementation of the EMP and rehabilitation/restoration plan shall be conducted by the PENRO prior to granting of renewal permits.

For large scale mining operation, the Province will coordinate with DENR in the licensing, operation and rehabilitation of the mines. The Province will see to it that the Environmental Guarantee Fund is sufficient to cover foreseeable damage from the mining operation and the mine rehabilitation plans and funds are properly updated to use the best technology available. The Province will request regular auditing of the Environmental Guarantee Fund and the reserves for rehabilitation.

ARTICLE VI WATER RESOURCES MANAGEMENT SECTION 1.

STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The province’s water resources be developed, utilized and managed for the primary purpose of (a) meeting indefinitely the basic requirement for potable water of all residents and (b) for sustained agricultural production and environmental flow under ordinary condition and under possible extreme conditions as in the case of changing climate. Water shall also be developed for the secondary purpose of securing the availability of adequate supplies of water for the growing industrial, recreational and commercial development activities through water resources pricing, institution of local water pollution control legislation including incentives if deemed appropriate. Further, it is hereby declared the policy of the province that water resources shall be equitably shared and that no component city, municipality and barangay shall be deprived of safe and clean water. Within the context of this guiding principles, water resources management in the province shall aim: a. To develop, utilize and manage water resources in a sustainable manner; b. To protect, restore and rehabilitate water resources to maintain continuity of a balance ecosystem; c. To ensure strict implementation of adequate adaptation and mitigation measures in curbing the probable effects of climate change; and d. To strengthen capabilities of component LGUs and organizations in protecting, conserving and managing the water resource.

SECTION 2. SCOPE OF POWERS. In the exercise of the powers, functions and responsibilities to regulate and monitor the exploitation and utilization of the water resources of the province, the LGUs shall: A) The Province shall: 1) Ensure effective development, protection and maintenance-through a participatory and integrated water resources management approach, of the province and component cities and municipalities water resources 2) Implement/enforce the mandates and provisions of the Clean Water Act, particularly, addressing water pollution, drainage, and septage issues/concerns 3) Ensure effective watershed and river basin management 4) Implement/enforce the Cebu Provincial Ordinance No. 2006-12 5) Ensure the Protection of Riverbanks, Shorelines, Easements, Right-of-way and Greenbelts.

p.t.o./ 35

33

Page 34

Page 36

34

37 Res. No. 1483-2012/Ord. No. 2012-13

SECTION 5.

STORMWATER AND DRAINAGE MANAGEMENT PROGRAMS AND PROJECTS. The Clean Water Act directs LGUS to implement stormwater management programs that prevent and reduce stormwater runoff impacts related to both water quality and quantity. Stormwater washes pollutants from roads and other impervious surfaces, such as parking lots, into streams, rivers, and other bodies of water. As more land is converted to impervious surfaces, or when agricultural lands are not properly buffered with trees, stormwater runs off faster and in greater quantities. This can cause erosion and sedimentation and contamination, and make flooding more likely.

Stormwater outcomes are affected by development decisions at every level: provincial, city, municipal, neighborhood, and site. Stormwater is best understood at the site level, where conventional drainage practices basically divert runoff to the nearest local waterway. The cumulative impact of connected drainage has been detrimental to streams, where collected pollutants, excess volume, and fast-flowing water have altered habitat, drinking water quality, and flood plains.

The LGUs stormwater programs and permits could provide cheaper, more effective, and more flexible alternatives for communities by recognizing the role that more sustainable development practices can play in helping to achieve clean water. This approach would look at broad land conservation and green infrastructure as a first step in managing water resources (including stormwater). The LGUs can rewrite their stormwater permits, associated manuals, and guidance to recognize the effectiveness of smart growth development approaches in preventing and reducing stormwater runoff.

The Province will review drainage plans of the LGUs and provide a platform for cooperation and coordination of infrastructures from adjacent LGUs to maximize the efficiency of the drainage system. The Province will initiate the development of a drainage master plan which will include planning, implementation, operation, and maintenance, for the other LGUs to use as an example and/or for the training of their personnel.

For drainage systems, resulting from the natural drainage pattern, crossing and affecting a number of LGUs, the Province may require them to submit annually their respective expansion, operation, and maintenance program, for proper coordination of their activities.

SECTION 6. SEPTAGE. The Province shall initiate and coordinate with LGUs for the establishment of Septage Management Program for the proper collection and disposal of septage from septic tanks of households and establishments within their respective jurisdiction either by the creation of their own septage treatment plant or by contracting with private entities with an accredited septage treatment plant, pursuant to the provisions of the Clean Water Act, Local Government Code and other laws SECTION 7. WATERSHED AND RIVER BASIN MANAGEMENT. The Province recognizes the importance of a reliable water supply in terms of quality, quantity, and timing for economic, recreational, and conservation activities. The Province is committed to a balanced economic and social development within its jurisdiction. As such, the Province supports the rights of the LGUs, subject to the relevant provisions of PD 198 and PD 1087, to secure appropriate royalties and/or payment for environmental services, especially if the water is used outside their political jurisdiction. The Province will coordinate with the National Water Resources Board, River Basin Control Office of DENR, and other

Page 38

previously soaked into soils instead runs with increased velocity over hardened surfaces.

Models show that the more extensive and connected the new development, the higher the risk of flooding. While most flood regulations are directed at regulating individual building sites, prevention can be enhanced by steering redevelopment to less flood-prone areas, strengthening low-lying cities, and minimizing loss of forest cover, wetlands, and open space.

The province and component cities and municipalities shall formulate and adopt flood prevention and mitigation policies and floodplain management framework that rests on the concept that the actions of a property owner should not be allowed to adversely affect the rights of other property owners. While applied routinely at the individual site level, this concept is increasingly being considered for a larger community scale to address downstream impacts caused by decisions made elsewhere in the watershed SECTION 9. PROVINCIAL WATER RESOURCES AUTHORITY. The province shall equitably conserve and wisely and effectively utilize its water resources, potable or otherwise, for the benefit and service of its constituents. Moreover, it is hereby declared that all constituents of the province must be served with the most affordable, safe, consistent, and efficient potable water through a systematic and comprehensive bulk water distribution system. (Chap. I, Sec. 2, Ord. No. 2006-12) (b) Coverage. This section shall cover the appropriation, utilization and distribution of water for any purpose whether for residential, commercial or industrial for the supply of water in bulk or otherwise, traversing and/or crossing component municipalities and cities of the province. It shall include the appropriation of waters for purely domestic purposes such as but not limited to irrigation, fisheries, livestock raising, recreational and other similar activities. (Chap. I, Sec. 4, Ord. No. 2006-12) (c) Definition. The terms used in this chapter shall have the following meaning: i. Dublin Principles – are the four (4) guiding principles stated in the Dublin Statement on Water and Sustainable Development. These are: Principle No. 1 – Fresh water is a finite and vulnerable resource, essential to sustain life, development and the environment; Principle No 2 – Water development and management should be based on a participatory approach, involving users, planners and policy-makers at all levels; Principle No. 3 – Women play a central part in the provision, management and safeguarding of water; and Principle No. 4 –Water has an economic value in all its competing uses and should be recognized as an economic good. ii.

Integrated Water Resources Management (IWRM) – is the coordinated development and management of water, land and related resources in order to maximize the resultant economic and social welfare in an equitable manner without compromising the sustainability of vital ecosystems. iii. Millennium Development Goals (MDG) of the United Nations – are the Millennium Development Goals (MDG) set by the United Nations in September 2000. They are: Goal 1: Eradicate extreme poverty and hunger; Goal 2: Achieve universal primary education; Goal 3: Promote gender equality and empower women; Goal 4: Reduce child mortality; Goal 5: Improve maternal health; Goal 6: Combat HIV/AIDS, malaria and other diseases; Goal 7: Ensure environment sustainability; and Goal 8: Develop a global partnership for development. iv.

Water – shall be used in this ordinance in accordance with the Water Code of the Philippines. It shall refer to all water under the ground, water above the ground, p.t.o./

p.t.o./

p.t.o./

Page 37

national government agencies in setting the appropriate royalties and/or payment for environmental services, to the respective LGUs, or LGUs where the water is extracted.

p.t.o./

p.t.o./

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

36

38

27 cebu monthly SUGBO 27

Res. No. 1483-2012/Ord. No. 2012-13

v.

Res. No. 1483-2012/Ord. No. 2012-13

Page 39

water in the atmosphere and waters of the sea within the territorial jurisdiction of the Province of Cebu.

Water Resource Areas – Distinguished from water as resource (not as sources) is the naturally defined areas that allow rainwater to percolate into the ground and recharge points to store water in underground aquifers or drain rainwater into the streams, lakes, rivers and wetlands as surface water source (synonymous with watershed, catchment and river basin system). (Chap. II, Sec. 5, Ord. No. 200612)

(d) Composition. The Water Resources Authority shall be composed of: 1) The Governor, who acts as the chairperson; 2) The Executive Director, who will be appointed by the Governor; 3) A Secretary, who will be appointed by the Governor.

The following shall act as members of the Water Resources Authority: 1. The Provincial Environment and Natural Resources Officer; 2. Two (2) representatives from non-governmental organizations or people’s organizations that are of known probity and experience in scientific studies of water conservation and/or water supply in the province; 3. A representative from the Cebu Chamber of Commerce and Industry; 4. The Chairperson of the Committee on Environmental Conservation and Natural Resources of the Sangguniang Panlalawigan; 5. The Chairperson of the Committee on Planning and Development of the Sangguniang Panlalawigan; 6. The Chairperson of the Committee on Trade and Industry of the Sangguniang Panlalawigan; 7. The Chairperson of the Committee on Public Works and Infrastructures; 8. The President of the League of Municipal/City Mayors of the Province; 9. The President of the Association of Barangay Captains; and 10. A representative from the Association of Local Water Utilities. (Chap. III, Sec. 7, Ord. No. 2006-12) (e) Duties, powers and functions. The Water Resources Authority shall have the following duties, powers and functions: 1) To formulate and establish a systematic and comprehensive plan to develop all water resources to include bulk water supply system in the island of Cebu. No program or project involving the appropriation, development and utilization of water resources for any use, without the prior approval of the authority except those not covered by this ordinance or those exempted by it; 2) To receive, process, review and recommend for approval, revocation, suspension or disapproval of applications of water permits or existing water permits in accordance with the Water Code of the Philippines (PD 1067) and provide rules and regulations thereof; 3) To define and establish ways and means for a sustainable and affordable water supply to all inhabitants of the Province of Cebu which shall: a) Follow the guidelines of an Integrated Water Resources Management (IWRM) approach; b) Uphold the Dublin Principles in the allocation and distribution of water resources; and, c) Serve as affirmative actions in support of the Millennium Development Goals (MDG) of the United Nations;

Page 40

4) To recommend to the Sangguniang Panlalawigan of Cebu and to other local government units of the province plans and actions concerning appropriation, utilization, conservation and distribution of water in the province to the specific locality applicable to include the necessity to expropriate private property; 5) To determine and establish areas that can be efficient sources for local water utilization and for bulk water supply from a municipality or city or a cluster of local government units for any part of the province; 6) To prescribe rules and regulations governing the utilization and distribution of water and the creation of water utilities and transmission lines among component municipalities and cities of the province covering water distribution projects already undertaken and still to be undertaken by local government units and by private persons or corporations and entities without prejudice to vested rights; 7) To assist private sector investors in the compliance of the requirements imposed by the authority and of other government agencies with respect to projects or business undertakings of water-related projects in the Province of Cebu; 8) The authority is hereby authorized to impose and collect reasonable fees and charges for the endorsement and processing of water rights application, water resource development, surveys, hydrologic investigations and such other acts to carry out its functions under this ordinance; 9) To mediate, conciliate and/or adjudicate conflicting water rights by and between component local government units and/or private entities and individuals; and, 10) To do such acts that are inherent, necessary, relevant and/or accidental to the duties, powers and functions of the authority. (Chap. II, Sec. 8, Ord. No. 2006-12) (f) Appropriation of waters. Waters may be appropriated and used in accordance with the provisions of the National Water Code and by this ordinance.

Appropriation of waters is the acquisition of rights over the use of the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law.

Waters from any part of the province and appropriated for the purpose of residential, commercial and industrial uses whether by bulk distribution or otherwise, to all or any parts of the islands of Cebu shall be subject to approval of the Water Resources Authority. (Chap. II, Sec. 6, Ord. No. 2006-12) (g) Honorarium. The Governor shall be authorized to provide reasonable allowances or honoraria to members subject to the rules and regulations of the Commission on Audit.

(Chap. III, Sec. 9, Ord. No. 2006-12) (h) Water conservation month. It shall be mandated that the whole month of September of every year shall be declared as the “Cebu Province Water Consciousness Month” in the entire Province of Cebu. (Sec. 3, Ord. No. 2002-12; Sec. 2, Ord. No. 2003-12) (i) Promotional activities. The province shall celebrate the “Water Conservation Month” with a variety of activities aimed at promoting the protection, conservation, rehabilitation and management of Cebu’s water resources. It shall conduct information and education campaigns on water conservation measure and the efficient utilization of water. (Sec. 3, Ord. No. 2003-12) (j) Lead office. The annual activity shall be spearheaded by the Local Government Units

Res. No. 1483-2012/Ord. No. 2012-13

4) To recommend to the Sangguniang Panlalawigan of Cebu and to other local government units of the province plans and actions concerning appropriation, utilization, conservation and distribution of water in the province to the specific locality applicable to include the necessity to expropriate private property; 5) To determine and establish areas that can be efficient sources for local water utilization and for bulk water supply from a municipality or city or a cluster of local government units for any part of the province; 6) To prescribe rules and regulations governing the utilization and distribution of water and the creation of water utilities and transmission lines among component municipalities and cities of the province covering water distribution projects already undertaken and still to be undertaken by local government units and by private persons or corporations and entities without prejudice to vested rights; 7) To assist private sector investors in the compliance of the requirements imposed by the authority and of other government agencies with respect to projects or business undertakings of water-related projects in the Province of Cebu; 8) The authority is hereby authorized to impose and collect reasonable fees and charges for the endorsement and processing of water rights application, water resource development, surveys, hydrologic investigations and such other acts to carry out its functions under this ordinance; 9) To mediate, conciliate and/or adjudicate conflicting water rights by and between component local government units and/or private entities and individuals; and, 10) To do such acts that are inherent, necessary, relevant and/or accidental to the duties, powers and functions of the authority. (Chap. II, Sec. 8, Ord. No. 2006-12) (f) Appropriation of waters. Waters may be appropriated and used in accordance with the provisions of the National Water Code and by this ordinance.

Appropriation of waters is the acquisition of rights over the use of the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law.

Waters from any part of the province and appropriated for the purpose of residential, commercial and industrial uses whether by bulk distribution or otherwise, to all or any parts of the islands of Cebu shall be subject to approval of the Water Resources Authority. (Chap. II, Sec. 6, Ord. No. 2006-12) (g) Honorarium. The Governor shall be authorized to provide reasonable allowances or honoraria to members subject to the rules and regulations of the Commission on Audit.

(Chap. III, Sec. 9, Ord. No. 2006-12) (h) Water conservation month. It shall be mandated that the whole month of September of every year shall be declared as the “Cebu Province Water Consciousness Month” in the entire Province of Cebu. (Sec. 3, Ord. No. 2002-12; Sec. 2, Ord. No. 2003-12) (i) Promotional activities. The province shall celebrate the “Water Conservation Month” with a variety of activities aimed at promoting the protection, conservation, rehabilitation and management of Cebu’s water resources. It shall conduct information and education campaigns on water conservation measure and the efficient utilization of water. (Sec. 3, Ord. No. 2003-12) (j) Lead office. The annual activity shall be spearheaded by the Local Government Units p.t.o./ 40

28 monthly 28 cebu Sugbo

(k) Clogging of canals etc. The province shall adopt all efforts to prevent clogging of canals, esteros, creeks, sewers and other water sewerage systems which causes flooding, stench and pollution to the environment. (Sec. 1, Ord. No. 93-4) (l) Prohibition. To attain the foregoing objective, the following acts are prohibited: a) Dumping or throwing of garbage and other waste materials into canals, esteros, creeks, sewers and other water sewerage systems; b) Constructing any tenement, structure or any other kind of obstruction which totally or partially constricts the free flow of water in afore-mentioned places; c) Any other act or omission not enumerated, which causes the obstruction of the flow of water in canals, esteros, creeks, sewers and other water sewerage systems; and, d) Any unauthorized diversion of the flow of water in canals, esteros, creeks, sewers and other water sewerage systems. (Sec. 2, Ord. No. 93-4) SECTION 10. PROTECTION OF RIVERBANKS, SHORELINES, EASEMENTS, RIGHT-OF-WAY AND GREENBELTS. The Provincial Government shall adopt adequate measures for establishment of clearance and greenbelts along river/creek banks (or riparian zone), lake areas, shorelines as prescribed by law, to recover easements as provided by Presidential Decree No.1067 and other applicable laws which provides that legal non-buildable (no development zone) setbacks/easements/buffer zones shall be provided in the following: “the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas” The maintenance of an open and vegetated easement/buffer zones has been proven effective measures for flood control, erosion control, protection of scenic and aesthetic quality, protection of coastal/inland habitat, and protection of water quality.

SECTION 11. ALIGNMENT OF OPEN SPACE, HABITAT, AND WATER RESOURCE PROGRAMMING UNDER GREEN INFRASTRUCTURE. The Province shall pursue the local applications of the concept of aligning open space, habitat, and water resource programming under ‘green infrastructure’. There are multiple benefits of a green infrastructure approach. First, green infrastructure allows the integration of inter-related programs such as natural resources management, mapping, parks conservation, floodplain management, and planning. Second, this approach requires an assessment of the full range of economic value and costs related to land conservation. By presenting a comprehensive picture of costs and benefits, including costs avoided, the Province and the component cities and municipalities can serve as stewards of the environment and the LGU’s budget at the same time.

ARTICLE VII SUSTAINABLE AGRICULTURE DEVELOPMENT p.t.o./

40

39 Page 40

Page 41

(LGUs) concerned, Department of Environment and Natural Resources (DENR), Department of Interior and Local Government (DILG), Philippine National Police-Police Regional Office 7 (PNP-PRO 7), Department of Education (DepEd), Department of Agriculture (DA), Department of Health (DOH), Bureau of Fisheries and Aquatic Resources (BFAR) and the Province of Cebu. (Sec. 3, Ord. No. 2003-12)

p.t.o./

p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 43

41 Res. No. 1483-2012/Ord. No. 2012-13

conduct a comprehensive survey, benchmark study and assessment of the impact of agriculture to various ecosystems every five (5) years, or as the case so require, and shall formulate a Provincial Sustainable Agriculture Master Plan (PSAMP) that considers the following sustainable development strategies: a. Develop and implement land and water management plans in irrigated agricultural areas including adoption of best farming practice, irrigation system designs and decision support systems that overcome water degradation and provide for long-term irrigation community viability b. Adopt efficient and effective water use practices (by irrigators, pastoralists, and other water users) that conserve and enhance the quality of the environment. c. Develop, promote and adopt agricultural management practices that contribute beneficially to the management of rivers and riverine ecosystems, estuaries, groundwater and wetlands associated with agriculture; in line with other environmental and sustainable development policies of Cebu province. d. Develop and adopt best management practices for agricultural industries in line with environmentally sustainable development principles. e. Facilitate industry adoption of environmental management systems and other quality assurance processes to meet community demands and provide market advantage. f. Promote the long-term economic, environmental and social benefits of sustainable agriculture to farmers and the general community. g. Adopt management plans that integrate nature conservation on-farm with agricultural production systems. h. Ensure that the off-site effects of agriculture do not adversely affect areas set aside for nature conservation. i. Facilitate consultation among agricultural industries, indigenous stakeholders, government and the community on issues affecting rural people, families and communities j. Implement policies and provide information to encourage the adoption of sustainable agricultural practices. k. Ensure the equitable and efficient allocation of land and other natural resources between agriculture and other sectors of the community. l. Ensure land use planning is undertaken, where appropriate, in association with agriculture to avoid conflict that may jeopardize agriculture’s sustainability. Develop and adopt appropriate planning mechanisms to avoid future conflict over land use (e.g. competing demands for land for agricultural, residential and recreational uses). m. Ensure enactment of environmental impact assessment procedures that result in the sustainable development of agriculture. n. Develop and adopt agricultural activities and planning strategies that minimize impacts on community amenity from noise, dust and odor.

SECTION 4. PROMOTION OF ORGANIC FARMING AND INTEGRATED PEST MANAGEMENT (IPM) PROGRAM. Upon the approval of this code, the Provincial and Municipal Governments through their respective Agriculture Office shall: a. Promote application of organic fertilizers in all agricultural and forestry development endeavors, such as Bio-Nitrogen, Trichoderma and Composting facilities, VermiComposting and other rapid composting technologies pursuant to DA Memo Circular 01, series of 2005, otherwise known as Philippine National Organic Agriculture Board (PNOAB). b. Promote Biological control methodologies such as Trichograma and Rhizobium as an alternative means to prevent pests and diseases. c. Promote balanced fertilization “tipid-abono” approach leading to zero chemical agricultural and tree farming. p.t.o./ 43

Page 44

d. Establishment of integrated organic-based model farms. e. Institutionalize viable farmers’ association/cooperatives as community compost and bio-predator producers. f. Provide incentives to all farmers practicing the organic farming and biological integrated pest management and shall provide trainings, seminars and other educational assistance to deserving farmers and beneficiaries. g. Provide funds to sustain their organic and biological programs and the maintenance of laboratory facilities of the province, in coordination with the Department of Agriculture, to enhance the agricultural production as well as environmental preservation. h. Conduct intensive information and education drive to promote and patronize organic farm products.

ARTICLE VIII WASTE MANAGEMENT SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The initiatives of the Provincial Government on general hygiene and sanitation, environment protection and sustainable development shall be governed by the following principles: a) The people have the right to a balanced, beautiful and healthful environment; b) Efficient waste management shall be a shared responsibility of the populace and government; c) A waste management program that will not create pollution of any kind nor will contribute nuisance; d) Sustainable ecological solid waste management shall be guided by the 3Rs: Reduce, Reuse and Recycle.

SECTION 2. SCOPE OF POWERS. In the exercise of their respective mandate, the Local Government Units shall: A. The Province shall: 1) Establish a solid waste management system that promotes waste reduction, segregation, reusing, recycling, recovery and composting; 2) Provide services and facilities related to general hygiene and sanitation, beautification, and solid waste collection particularly on compostable and recyclable wastes; 3) Ensure the proper segregation, collection transport, storage, treatment, and disposal of solid waste through the formulation and adoption of the best environmental practices; 4) Enforce pollution control laws and other laws for the protection of the environment in coordination with other agencies; and 5) Formulate and enforce solid waste management in conformity with R. A. 9003 “ Ecological Solid Waste Management Act of 2000”.

6) Coordinate with other government and non-government agencies in the implementation of measures to prevent and control land, air and water pollution with the assistance of DENR; 7) Adopt measures for the safe disposal of clinical and other wastes from hospitals, clinics and other similar establishments; and, p.t.o./ 44

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 45

8) Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in the province, in consonance with approved standards on human settlements and environmental sanitation.

C. Municipalities/City: waste disposal system or environmental management systems and services related to general hygiene and sanitation, pursuant to Section 17(b)(2)(vi) thereof; D. Barangays: services and facilities related to general hygiene and sanitation, beautification and waste collection, pursuant to Section 17(b)(1)(v) of RA 7160.

SECTION 3. INTER-LOCAL COORDINATION AND CLUSTERING OF WASTE MANAGEMENT FACILITY. Under RA 9003, solid wastes management which involves the recovery of recyclable materials of the barangays is the responsibility of LGU. However, in a number of instances it is not feasible for every LGU to build, manage and operate its own solid wastes disposal facility such as sanitary landfill and composting because of geologic conditions, population size, financial, and technical constraints. The Province will coordinate and initiate the development of inter-local solid wastes disposal and material resource recovery facility serving two or more LGUs to take advantage of economies of scale, improve the marketing of recovered materials, and more professional management than could be attained by an individual LGU. SECTION 4. CREATION AND COMPOSITION OF THE CEBU PROVINCIAL SOLID WASTE MANAGEMENT BOARD. The Cebu Provincial Solid Waste Management Board (CPSWMB) is created and established through Executive Order (EO) No. 9 Series of 2004 signed by Honorable Governor Gwendolyn F. Garcia on September 21, 2004. The CPSWMB is chaired by the Governor, with the following as members: All Mayors of the component cities and municipalities of the Province of Cebu; All congressional representatives of the Congressional Districts of the Province of Cebu; Chairman of the Committee on Environment of the Cebu Sangguniang Panlalawigan; Regional Director, Region 7, Department of Environment and Natural Resources; Cebu Provincial Health Officer; Cebu Provincial Environment and Natural Resources Officer; Cebu Provincial Engineer; Members, representing non-government organizations, private business and industry, other government agencies and other stakeholders, shall, however, be named from time to time, after they shall have been properly identified.

SECTION 5.

TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR/RADIOACTIVE WASTES. In accordance with the national policy of the state, and in the exercise of its inherent powers, duties and functions the province will initiate, ensure compliance, and adopt measures to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substance and mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the province.

The Province will initiate and coordinate with the DENR, EMB, component cities and municipalities in the province, and other public and private organizations in the handling, disposal and management of Toxic, Hazardous, and Radioactive Wastes; and in informing and educating the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation and disposal of toxic chemicals and other substances and mixture. p.t.o./

Page 47

promulgation, including the conservation of mangroves, extension and on-site research services and facilities related to fishery activities which include dispersal of fingerlings and other seeding materials for aquaculture pursuant to Section 17(b)(2)(ii).

2) provision of fish ports, seawalls, dikes, drainage and sewerage, and flood control services pursuant to Section 17(b)(2)(viii).

SECTION 3. PROVINCIAL COASTAL RESOURCES MANAGEMENT FRAMEWORK. In consideration of the trans-boundary character of the issues, challenges, and problems confronting our municipal waters and pursuant to the General Welfare Clause of RA 7160, the Governor shall establish a provincial Coastal Resources Management Framework (CRMF) to serve as guide for coastal municipalities in undertaking, among others, the delineation, establishment, management, and maintenance and protection of their municipal waters within six (6) months upon effectivity of this Code. In the minimum, the CRMF shall include working guides for conducting the following: a.) Delineation of boundaries of municipal waters. b.) Preparation of zoning and management plans covering municipal waters c.) Strengthening the fisherfolk organizations. d.) Organizational and institutional mechanisms. e.) Procedures for dealing with pollution ( from liquid and solid waste) of municipal waters. f.) Regulations governing recreational, educational, and scientific use of municipal waters. g.) Investments promotion, revenue generation and livelihood enhancement. h.) Procedures for dealing with abandoned unproductive and illegal fishponds. i.) Rehabilitation of mangroves. j.) Development of alternative livelihood. k.) Formulation, promulgation, and enforcement of fishing laws, rules and regulations. l.) Reclamation infrastructure SECTION 4.

PROMOTION OF CONDUCIVE POLICY AND COMPLEMENTARY PROVINCE-WIDE FISHERY ORDINANCE. – The Province shall assist the municipal/city governments in reviewing and systematizing the ordinances pertaining to the coastal zone to identify the ordinances needed, reconcile conflicting provisions in the existing ordinances, and attain rational complementation of ordinances among municipalities/cities and between the provincial and municipality/city ordinances; provided, that the Province shall initiate measures towards the promulgation of a complementary province-wide fishery ordinance in consideration of the fugitive nature of marine resources and the trans-boundary character of the issues and problems on coastal resources management.

SECTION 5. FORESHORE AREA, PUBLIC BEACHES, GATHERING, EXTRACTION, AND/OR REMOVAL OF BEACH SAND AND CORALS. (a) Foreshore Area. The province shall ensure the protection of foreshore areas as identified through CA 141 (Public Land Act); coordinate with DENR for protection, close monitoring of public foreshore lands and beaches; ensure that no Foreshore Lease Contracts shall be approved without the review and approval of the barangay and municipal LGU; and, enjoin M/CLGUs in coordination with DENR to declare public beaches to grant free public access and enjoyment of these special use areas. (b) The gathering, extraction, and/or removal of beach resources, pebbles, sand and gravel, and boulders for whatever purpose is prohibited pursuant to Section 92, RA 8550. p.t.o./

Res. No. 1483-2012/Ord. No. 2012-13

Page 46

SECTION 6. PENALTIES AND ADMINISTRATIVE SANCTIONS. Imposition of penalties and administrative sanctions for violations of the provisions of RA 9003, specifically Sections 88, 49 and 50 and the solid waste management ordinance shall be determined by the respective City/Municipal Sanggunian.

ARTICLE IX COASTAL RESOURCES SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The Province affirms the provisions of Article XIII, Section 2 of the Philippine Constitution, which provides that the State, through the component coastal municipalities, shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall also protect its marine wealth and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

Through this Code, it is hereby declared the policy of the provincial government to strongly and irrevocably support governments and communities of coastal municipalities in the full exercise of their powers, duties and responsibilities towards proper management of municipal waters. It is hereby declared in our policy that, considering the trans-boundary character of the issues and problems confronting municipal waters, the provincial government shall exercise its full powers through the provision of active leadership, technical assistance, conducive policy, and effective law enforcement for the conservation of our marine resources. It is therefore the management objectives of the province to: a) Strengthen capacity of stakeholders to manage marine and coastal resources; b) Support implementation of international and local agreements on protecting marine biodiversity. c) Review, assess, implement and regulate industrial use permits/rights and other interests over coastal areas.

SECTION 2. SCOPE OF POWERS. In addition to the powers, duties and functions of the Municipal Mayor, City Mayor, and Provincial Governor to adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources, as provided under Sections 389(b)(9), 444(b)(3)(vii), 455(b)(3)(v), and 465(b)(3)(v), respectively, the local government, subject to applicable provisions of RA 8550 and implementing rules and regulations, shall also provide the following coastal resource management services and facilities: A. For the Province: 1) assistance to FARMCs, fishermen’s cooperatives and other collective organizations as well as the transfer of technology pursuant to Section 17(b)(3)(i) and Article II of RA 8550.

2) enforcement of community-based (mangrove) forest management laws and other laws on the protection of the environment pursuant to Section 17(b)(3)(iii).

3) coastal tourism development and promotion programs pursuant to Section 17(b)(3)(xii); of DAO 30, series of 1992.

4) enforcement of pollution control and environmental laws and regulations.

B. For the municipalities, pursuant to RA 7160: 1) enforcement of fishery laws in municipal waters, whether local and national p.t.o./

Page 48

such as safety, health, emergency and similar contingencies; or without such permit, preventing free passage thereon by enclosing the same with fences, buoys or similar means; f. Removing, taking or quarrying sand regardless of quantity from the beaches. (Sec. 3, Ord. No. 96-26) SECTION 6. COMMUNITY PARTICIPATION AND INTEGRATION OF NATIONAL GOVERNMENT AGENCIES – The management of our coastal resources and municipal waters shall be undertaken by communities in close collaboration with their municipal government and barangay councils, national government agencies and instrumentalities, peoples organizations, non-government organizations and the private sector in general in order to engage their active cooperation. The Province shall ensure that active community participation and collaboration with LGUs and NGAs shall be in accordance with: adherence to good environmental governance principles, especially the principle of participation. This refers to the degree to which the general public is actually able to effectively and meaningfully get involved in governance processes; enjoins public participation in government processes that lead to key actions and decisions by the general public, especially key stakeholders and marginalized groups; requiring public hearings and assemblies for key decisions and policies; supporting the organization and empowerment of people organizations; encouraging multi-sectoral participation and representation in committees, working groups, management councils, enforcement groups; conducting participatory monitoring and evaluation (M&E); ensuring provision of technical and financial (whenever feasible) support by NGAs to LGUs; promoting accountability of responsible NGAs; encouraging mutual agreements to support CRM activities SECTION 7.

FARMC AND OTHER COMMUNITY-BASED ORGANIZATIONS. The province initiate and coordinate the creation of FARMCs in M/CLGUs, IFARMCs in bays and similar common water resource areas, and the undertaking of capacity-building activities for FARMCs. Other than FARMCs, the province can assist in organizing, supporting, and capacitating CBOs and/or fisherfolk associations as equal partners in sustainable development of municipal waters and strict enforcement of laws. Pursuant to such, the province shall assist M/CLGUs in capacity-building activities for deputized fish wardens and relevant community enterprise/livelihood development in collaboration with NGAs, NGOs, and the private sector.

SECTION 8. FISH SANCTUARIES. It is hereby declared the policy of the province in the interest of promoting the general welfare of its constituents to establish fish sanctuaries in all its coastal component cities and municipalities to arrest the further destruction and depletion of our marine resources and to restore and preserve them for the present and future generations. (Sec. 2, Ord. No. 96-28) (a) Where sanctuary established. The Provincial Planning and Development Office shall jointly identify and delineate the location of a fish sanctuary in every component city and municipality in coordination with the respective local Chief Executives and Sanggunians without violating existing rights provided that no such sanctuary shall be located on, or bounded by, sandy beaches access to which should be free to the public, especially white sand beaches with rich tourism potentials. (Sec. 3, and 5, Ord. No. 96-28) (b) Size of sanctuary. Each sanctuary shall have a minimum area of two hundred fifty (250) meters in width along the shoreline and eight hundred (800) meters in length towards the sea and a maximum of one (1) square kilometer. (Sec. 3, Ord. No. 96-28) p.t.o./ 49 Res. No. 1483-2012/Ord. No. 2012-13

(c) Beach. It is the declared policy of the province to protect and preserve the pristine beauty of its sandy beaches and to preserve the rights of access thereto by the general public, including foreign and local tourists, in order to promote and develop this aspect of the tourist industry in Cebu. (Sec. 2, Ord. No. 96-26) (c.1) Exemption. The following are not covered by Section 5(C): a. Industrialized areas already developed as such; b. Areas that may be declared and approved by competent authorities as industrial zones or covered by duly approved reclamation projects by competent authorities which shall include the Province of Cebu or any agency created by action of its Provincial Board; c. Areas developed into beaches by private persons whether natural or juridical, provided, they do not intrude into the public domain; and d. Areas which are covered by existing approved foreshore lease contracts. (Sec. 4, Ord. No. 96-26) (c.2) Coastal clean up day. It shall be mandated that the third Saturday of September of every year shall be declared as the “Coastal Clean Up Day” of the entire province. (Sec. 3, Ord. No. 24-2001) (c.3) Primary activity. The province shall celebrate “Coastal Clean Up Day” by mobilizing all municipal and city governments, government agencies and other concerned nongovernment organizations, to assemble and troop to their nearest designated coastal areas to collect, segregate and record the debris along shorelines, waterways, water surface and underwater. (Sec. 3, Ord. No. 24-2001) (c.4) Activity spearhead. This annual activity shall be spearheaded by all Local Government Units, Department of Environment and Natural Resources, Department of the Interior and Local Government, Philippine National Police-Police Regional Office 7, Department of Education, Divers’ Association of Cebu (DAC), Cebu Ports Authority, Bureau of Fisheries and Aquatic Resources and the Province of Cebu. (Sec. 3, Ord. No. 24-2001) (c.5) Prohibitions. Subject to proprietary rights under the existing laws and the tolerable facts of fishermen and boatmen, in the exercise of their respective occupation and livelihood, to beach facing same sea located within the municipalities and component municipalities of the province, the following acts are hereby prohibited and penalized: a. The construction, installation or putting up of any permanent structure, building, hut, or any improvement of whatsoever nature within twenty (20) meters from the shoreline at high tide of the sandy beaches of any municipality or component city in the province; b. Parking of cars, trucks, tartanilla, tricycles, trisikads or any other vehicular transportation within twenty (20) meters from such shorelines, except on a public road, street or highway; c. Defecating or urinating within the above-stated prohibited areas including the throwing of leftover food waste, utensils and any other form of litter within the prohibited areas; d. Throwing of garbage or any other litter into the sea fronting the beaches; e. Without written permit from the Mayor, appropriating the sea or any portion thereof fronting the beaches, for private or commercial use without justification

Page 50

(c) Operation and maintenance. It shall be mandatory on the part of the component cities and municipalities in the province to establish at least one (1) fish sanctuary within their respective territorial jurisdiction. Only municipalities are eligible for financial assistance.

Their failure to do so shall render the municipality concerned ineligible to request and to receive financial assistance from the twenty percent (20%) development fund and from the CPD Funds for the purpose of establishing fish sanctuaries in their respective territorial jurisdiction. (Sec. 4, Ord. No. 96-28) (d) Prohibitions. No fishing activities or practices shall be allowed in the sanctuaries nor conducted within one hundred (100) meters from the metes and bounds of the area delineated as the sanctuary except those related to researches and studies as may be certified by the Provincial Agriculture Officer which shall not in any way alter or harm the conditions in the sanctuaries. (Sec. 5, Ord. No. 96-28) (e) Funding. To carry out the provisions of this chapter, an initial outlay of One Million Pesos (P1,000,000.00) from any available funds of the province is hereby set aside and appropriated for this purpose from which assistance may be taken upon written request by the Municipal Mayor concerned to the Office of the Governor; provided that said assistance be equitably distributed among such requesting municipalities in the manner prescribed in the next following section.

(Sec. 7, Ord. No. 96-28) SECTION 9. MARINE SANCTUARIES. It is hereby declared the policy of the province to promote the establishment of marine sanctuaries in all the component cities and municipalities and to enact a city/municipal sanctuary ordinance that will provide for a management and regulatory body which will supervise the utilization of the sanctuary for research, scientific, leisure and recreation purposes while ensuring the sustainable development, protection and conservation of all aquatic and marine resources therein.

(Chap. I, Sec. 2, Ord. No. 2007-09) (a) Application of its provisions. The provisions of this section shall be enforced in all the coastal component cities and municipalities within the province. (Chap. I, Sec. 3, Ord. No. 2007-09) (b) Purpose. The purposes of this chapter are: a. To provide for the creation of the Provincial Marine Sanctuary Advisory Council, which will serve as the principal advisory body to the Governor and all the City/Municipal Marine Sanctuary Commissions and other related local authorities or agencies; b. To require the creation of the City and Municipal Marine Sanctuary Commission or any equivalent body that will serve as the management and regulatory authority tasked with the development, protection and conservation of the fishery and aquatic resources within their territorial jurisdiction; c. To promote the establishment of marine sanctuaries in all the municipalities and component cities for them to enact their own corresponding marine sanctuary ordinances; and, d. Regulate the access and/or use of the marine sanctuary. (Chap. I, Sec. 4, Ord. No. 2007-09) (c) Definition of terms. As used in this chapter, the following terms and phrases shall mean as follows: p.t.o./

p.t.o./ 46

Page 49

47

45 Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

48

50

cebu monthly SUGBO 2929

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 51

a. Destructive Activities – shall mean those activities that bring and/or cause damage or destruction to the marine life, marine habitat, and facilities erected in the sanctuary. b. Diving – shall include, but is not limited to activities involving the use of compressed air, the use of self-contained underwater breathing apparatus (SCUBA) and surface supplied/hookah apparatus. c. Extractive Activities – shall mean taking out, catching or collecting of anything from within the sanctuary. d. FARMC – the duly established Fishermen and Aquatic Resource Management Council. e. Leisure or Recreational Activities – shall include, but is not limited to, diving, snorkeling, swimming, fish-watching and other activities that are not destructive to the existence of the marine sanctuary. f. Marine Sanctuary – refers to a designated area where marine life is preserved and protected, allowed to spawn, feed and grow undisturbed; it is also an area where fishing and all forms of activity destructive of the ecosystem are prohibited. (Chap. I, Sec. 5, Ord. No. 2007-09) (d) Provincial Marine Sanctuary Advisory Council. The province hereby creates an Advisory Body to be known as the Provincial Marine Sanctuary Advisory Council (PMSAC). (Chap. II, Sec. 8, Ord. No. 2007-09) (e) Composition. The regular members of the PMSAC shall be composed of: a. The Governor of Cebu or his duly authorized representative, as chairperson; b. The Chairperson of the Sangguniang Panlalawigan Committee on Environment Conservation and Natural Resources; c. The Chairperson of the Committee on Agriculture and Livelihood Sangguniang Panlalawigan; d. The representative of the Federation of Fisher Folks associations; e. The Provincial and Environment Officer (PENRO) of the Province; f. The representative of the Mayors’ League of Cebu; g. The representative of the Provincial Tourism Council; h. The Provincial Police Director; i. The representative of the Philippine Coast Guard (PCG); j. The representative of the DA-BFAR; k. The representative of the Fish Warden’s Association. (Chap. II, Sec. 8, Ord. No. 2007-09) (f) Consultant. The Governor may hire a consultant to advise the commission in any matter concerning marine ecosystem and other related matters. The consultant should have at least five (5) years of related experience or study involving marine ecosystem, resources and management. (Chap. II, Sec. 8, Ord. No. 2007-09) (g) Section 42. Duty of city and municipality. It is the foremost duty of every city and municipality within the province to enact an ordinance creating a Marine Sanctuary Commission (MSC) or any equivalent body. (Chap. II, Sec. 6, Ord. No. 2007-09) (h) Marine Sanctuary Commission. The city/municipal Marine Sanctuary Commission or any equivalent body or authority, shall be vested with the management and regulatory powers over the marine sanctuary in their respective area by the local government body, or NGO or PO, or by any private enterprise. (Chap. II, Sec. 9, Ord. No. 2007-09) (i) MSC under the Office of Mayor. The Marine Sanctuary Commission shall be placed under the Office of the Mayor. The Mayor shall have full control and supervision in the planning, management, enforcement and implementation of the municipality/city marine sanctuary ordinance. (Chap. II, Sec. 9, Ord. No. 2007-09) (j) Composition. The Marine Sanctuary Commission or any equivalent body or authority shall be composed of: p.t.o./

(n)

Page 53

Establishment of Marine Sanctuary. Every coastal city/municipality shall establish its marine sanctuary in consultation with the C/MFARMCs. For this purpose, the city/municipality, through a relevant resolution, may seek the assistance of the Coast and Geodetic Survey Department of the National Mapping and Resource Information Authority (NAMRIA) or the Provincial Environment Officer (PENRO) of the province in the identification, survey, delineation, and designation of the marine sanctuary.

(Chap. II, Sec. 7, Ord. No. 2007-09)

(o)

Identification and Area of Marine Sanctuary. At least fifteen percent (15%) of the total coastal areas in each city/municipality shall be identified and automatically designated as marine sanctuary, based on the available scientific data and in consultation with the Bureau of Fisheries and Aquatic Resources and Department of Environment and Natural Resources. (Chap. II, Sec. 7, Ord. No. 2007-09)

(p)

Marker Buoys and Others. The city/municipality shall ensure that the boundaries of the marine sanctuary are clearly marked with buoys. It shall also post, at the land boundaries thereto, signs stating the rules of the marine sanctuary.

Likewise, the city/municipality shall post, in all conspicuous places within its territory, a sketch plan of the location area and boundaries of the marine sanctuary. (Chap. II, Sec. 7, Ord. No. 2007-09)

(q) Management Area. The coastal waters and all lateral land holdings within twenty (20) meters of the sanctuary shall be established and designated as a Special Management Area to support the sanctuary. (Chap. II, Sec. 7, Ord. No. 2007-09) (r) Use of the Marine Sanctuary. As a rule, the use of and/or access to the marine sanctuary shall be limited to scientific, technological, research and educational purposes; Provided, that, leisure or recreational activities may be allowed subject to compliance with the regulations set up by the MSC; Provided, further, that, in no case shall any form of extractive and destructive activities be allowed in the marine sanctuary. (Chap.

III, Sec. 12, Ord. No. 2007-09) (s) Fees and other charges. In cases where entrance to or use of the marine sanctuary is allowed, the MSC shall impose corresponding reasonable entrance or user’s fees thereto based on the schedule of fees formulated for this purpose. Provided, that, the inhabitants of the municipality/city and students shall be charged with the most minimal fees possible; Provided, further, that, in meritorious cases as determined by the MSC, the latter may allow access to the marine sanctuary, free of charge. (Chap. III, Sec. 13, Ord. No. 2007-09 (t) Registration and Accreditation of Business Establishments. The owners or operators of business establishments engaged in dive shops, motorized boat rentals, equipment rentals, travel and/or tour agencies, and those that cater to the comfort and convenience of the visitors in the use and enjoyment of the marine sanctuary, are required to register their business at the MSC and shall comply with the necessary permits/license for accreditation.

Only accredited establishments are allowed to engage in business in the marine sanctuary.(Chap. III, Sec. 14, Ord. No. 2007-09) (u) Public Hearing. The MSC shall, before acting on an application for accreditation filed by any business establishment, hold a public hearing for this purpose. p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Page 52

Page 55

All these penalties shall be without prejudice to the right of the LGU or any entity operating the sanctuary to demand payment or restoration when possible or to repair and/or restore the sanctuary in the form of actual damages. (Chap. IV, Sec. 14 and 17(a), Ord. No. 2007-09) (y) Specific Penalty on Unaccredited Business. Operation of business enterprise without registering with the MSC shall be punished by a fine of Two Thousand Pesos (P2,000.00) with written warning for the first offense. For the second offense a fine of Three Thousand Pesos (P3,000.00) and final written warning. For the third offense, a fine of Five Thousand Pesos (P5,000.00) or imprisonment of not more than three (3) months or both at the discretion of the court and revocation of business and Mayor’s Permit of erring establishments. For partnerships, corporations and other juridical personalities, the corporate officers and general managers shall be held liable. (Chap. IV, Sec. 17(b), Ord. No. 2007-09) (z) Appropriation. The Sangguniang Panlalawigan shall appropriate the following sum for the specific purposes thus stated: a. The amount of Fifty Thousand Pesos (P50,000.00), for the production and documentation, photograph and video files of best practices of existing marine sanctuaries for food security, employment, eco-tourism and education purpose; b. The amount of One Hundred Fifty Thousand Pesos (P150,000.00), is appropriated as prizes for the Governor’s Agokoy Award recognizing the top three best LGU established and maintained marine sanctuary.

The amount of Fifty Thousand Pesos (P50,000.00), is appropriated as consultancy fee and/or per diem of consultants and/or members of the Marine Sanctuary Commission at the discretion of the Governor. (Chap. V, Sec. 18, Ord. No. 2007-09) (aa) Trust Fund. Any revenue generated for the use of an LGU established marine sanctuary shall be placed in or shall form part of a trust fund, known as the Municipality/City Marine Sanctuary Trust Fund. The trust fund shall exclusively be used for the management, development, protection, conservation of the fishery and aquatic resources within the marine sanctuary and the entire municipal waters. (Chap. V, Sec. 19, Ord. No. 2007-09) SECTION 10. BANTAY DAGAT. The province hereby creates the Ugmad-Bantay Dagat Sugbo Program. The purposes of this program are to: a. Develop, adopt and launch livelihood and such other socio-economic projects and activities to uplift the living conditions of the marginal fisherfolks of Cebu Province; b. Fully ensure and secure aquatic/marine development through vigorous, effective and viable efforts and program on rehabilitation, conservation and protection of existing aquatic/ marine life and resources; c. Strengthen and institutionalize cooperation and partnership between and among government units and agencies, on the hand, and non-governmental and people’s organizations, on the other, for purposes of pooling and mobilizing available and potential resources management; and; d. Fully implement and enforce all existing fishery laws, rules and regulations relative to the protection of aquatic and marine resources, and prosecute and eradicate all kinds of illegal fishing methods and activities, and such other fishery laws, rules and regulations or ordinance in relation thereto, which may henceforth be enacted, within the Province of Cebu. (Art. II, Sec. 1, Ord. 88-13; Art. I, Sec. 1, Ord. 94-1) p.t.o./

53

51 Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 54

55 Res. No. 1483-2012/Ord. No. 2012-13

Page 56

a. The Mayor, as Chairperson; b. Municipality/City Planning Development Officer; c. The Chairperson of Agriculture/Fishery Committee of the Sangguniang Bayan/Panlungsod; d. The Chairperson of Environment Conservation and Natural Resources Committee of the Sangguniang Bayan/Panlungsod; e. The local Chief of Police; f. The representative of the private sector; g. The representative from the accredited non-government organization

Likewise, the application by any NGO or PO, or any private enterprise for the establishment of a marine sanctuary shall also be submitted to a public hearing. (Chap.

III, Sec. 15, Ord. No. 2007-09)

(a) Programs Covered. All programs and projects of the local government units pertaining to fisheries/aquatic or similar concerns shall be under the supervision of the Ugmad-Bantay Dagat Sugbo Program.

(Art. V, Sec. 1, Ord. No. 94-1)

(v) Monitoring, Control and Surveillance of the Sanctuary. The MSC shall be responsible for the monitoring, control, and surveillance of all activities conducted in the marine sanctuary, and is vested with the authority and discretion to enjoin the doing of any activity or business, when in its judgment, such activity or business may cause harm to the marine sanctuary. (Chap. III, Sec. 16, Ord. No. 2007-09)

The composition and membership of said body or its equivalent may be limited or expanded in the discretion of the local authorities. (Chap. II, Sec. 9, Ord. No. 2007-09)

(w) Prohibitions. Like the prohibition provided in Section 40 above, no person shall engage in any form of fishing activity within the marine sanctuary

(b) Implementing Ordinance. To put in place all programs and projects of local government units on aquatic and similar concerns, all local government units, component cities and municipalities within the territorial jurisdiction of the province, shall enact an implementing ordinance defining municipal fishery jurisdiction and other related fishery regulations in accordance with the Local Government Code. (Art. V, Sec. 4, Ord. No. 941)

(k) Functions of the Marine Sanctuary Commission. The Marine Sanctuary Commission shall have the following functions: a. To enforce the provisions of the city/municipal marine sanctuary ordinance; b. To supervise the planning, development and conservation of the marine sanctuary as well as undertake measures to rehabilitate the damaged marine habitat and ecosystem; c. To formulate guidelines, rules and regulations relating to the access and/or use of the marine sanctuary; d. To act upon and/or approve all applications relating to the access and/or use of the marine sanctuary for research, scientific, leisure or recreation purposes, and such other purpose which is not detrimental to the existence of the marine sanctuary; e. To register and accredit establishments which will engage in business in the marine sanctuary f. To enter into a management contract with a qualified private individual or entity interested to manage the marine sanctuary provided that it is duly authorized by the Sangguniang Panlungsod/Bayan through an appropriate resolution approved for this purpose provided further, that a public hearing shall be held for this purpose; g. To approve applications by NGOs, POs and/or private enterprises for the establishment of a marine sanctuary.

Neither shall any business establishment be allowed to operate any business in the marine sanctuary without previously registering its business with the commission and obtaining accreditation therefrom.

No LGU can refuse an application for the establishment of a marine sanctuary unless based on reasonable scientific data or if opposed by the local fisher folk organization during a public hearing called for the purpose vis-à-vis the concept of sustainable development. (Chap. II, Sec. 10, Ord. No. 2007-09) (l) Protection of rare, threatened and endangered species. The MSC, in close coordination with other law enforcement and appropriate government agencies, shall endeavor to provide for the protection, survival and conservation of the rare, threatened and endangered species found within the marine sanctuary. In cases where access to or the use of the marine sanctuary is allowed, the MSC shall undertake extreme measures that will ensure that such activities shall in no way harm the life or disturb the habitat of the rare, threatened and endangered species therein. (Chap. III, Sec. 11, Ord. No. 2007-09) (m) Another duty of city and municipality. It is also a duty of every city and municipality within the province to identify and establish, if environmentally feasible, the site for a marine sanctuary in their respective territorial jurisdiction in coordination with the City/Municipality Fisheries and Aquatic Resources Management Councils (C/MFARMCs) provided that, where there is no existing C/MFARMCs in their area, the city/municipality shall assist in the formation of the C/MFARMCs, pursuant to the provisions of the Philippine Fisheries Code of 1998 (R.A 8550). (Chap. II, Sec. 6, Ord. No. 2007-09)

52

cebu monthly

Any violation of the foregoing provisions shall be meted with following penalties: Fine of One Thousand Pesos (P1,000.00) for the first offense; fine of Two Thousand Pesos (P2,000.00) with reprimand for the second offense; fine of Three Thousand Pesos (P3,000.00) with written warning for the third offense; and the fine of Five Thousand Pesos (P5,000.00) or imprisonment of not more than one (1) month or both at the discretion of the court for subsequent offenses.

All these penalties shall be without prejudice to the right of the LGU or any entity operating the sanctuary to demand payment or restoration when possible or to repair and/or restore the sanctuary in the form of actual damages. (Chap. IV, Sec. 14 and 17(a), Ord. No. 2007-09) (x) Special Penalty Provision. Notwithstanding the general penalty clause in this code, any violation of the prohibitions contained in the next preceding section provisions shall be meted with following penalties: Fine of One Thousand Pesos (P1,000.00) for the first offense; fine of Two Thousand Pesos (P2,000.00) with reprimand for the second offense; fine of Three Thousand Pesos (P3,000.00) with written warning for the third offense; and the fine of Five Thousand Pesos (P5,000.00) or imprisonment of not more than one (1) month or both at the discretion of the court for subsequent offenses.

p.t.o./

p.t.o./

30

In addition, the following acts or omissions are also prohibited: a. Use or possession of boat anchors; b. Use or possession of spear fishing equipment; c. Use or possession of dynamites and other forms of explosives and such other poisonous and harmful chemicals and other mixtures to include but not limited to cyanide and the like; d. Boating, wave running or the use of jet skis; e. Throwing of any kind or form of waste, refuse, or garbage; f. Discharge of oil, noxious, gaseous, and liquid substances, and other harmful substances that may cause water pollution; g. Extraction or destruction of all forms of marine life; h. Unauthorized construction of shelters and buildings; and, i. Such other activities that may cause damage to and destruction of marine life.

(c) Compulsory Participation. The participation of Non-Governmental and People’s Organizations (NGOs and POs) in the local coordinating councils of the Ugmad-Bantay Dagat Sugbo Program is hereby made compulsory in line with the Local Government Code. (Art. V, Sec. 5, Ord. No. 94-1) (d) Supervision of all Councils. All existing Bantay Dagat Councils and similar bodies in component cities and municipalities shall continue as such, to be chaired by the Chief Local Executive which shall be under the supervision of the Provincial Government and shall render a periodic report of its activities to the Office of the Governor. (Art. V, Sec. 2, Ord. No. 94-1) (e) Reports. All Existing Bantay Dagat Council in component cities and municipalities shall submit a monthly report of their activities to the Ugmad-Bantay Dagat Sugbo Council through the Chairman of the Coordinating Council. (Art. V, Sec. 3, Ord. No. 94-1) (f) Coordinating Council. To oversee and supervise the over-all management of the program, there is hereby created an Ugmad-Bantay Dagat Sugbo Program Coordinating Council, under the Office of the Governor. It shall be called the Coordinating Council.

(Art. I, Sec. 1, Ord. No. 88-13; Art. II, Sec. 1, Ord. 94-1), (g) Composition. The Coordinating Council shall be composed of a Chairman and twentytwo (22) members representing governmental and non-governmental/ people’s organizations, to wit: Chairman – Governor Vice chairman – Chairman of the Execom, PPOC Members – Program Director, Ugmad Bantay Dagat Sugbo Program President, Cebu Municipal Mayor’s League; President, Provincial SK Federation; President, Provincial ABC; Provincial Prosecutor; Director, DSWD-7; Director, DENR 7; Director, DOH 7; Director, PTA; DILG – PLGOO; Dept. of Agriculture – Fisheries; Provincial Superintendent , DECS-7; Director, PNP Provincial Command; Director, PNP Metrodiscom; District Director, Philippine Maritime Police; Philippine Coast Guard; p.t.o./

54

56

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 57

2 NGO representatives; 2 PO representatives; 1 Media representative. (Art. I, Sec. 1, Ord. No. 88-13; Sec. 1, Ord. No. 92-08; Art. II, Sec. 1, Ord. 94-1) (h) Powers, Functions and Responsibilities. The Council shall have the following powers, functions and responsibilities: a. To fully implement and enforce all existing fishery laws, rules and regulations for the preservation, conservation and protection of the aquatic life and marine resources, and control, eradicate and prosecute illegal fishing activities and violators, and such other fishery laws, rules and regulations or ordinances relative thereto, which may henceforth be enacted, within the Province of Cebu; b. To coordinate with other government and private agencies dealing with the enforcement of fishery laws, rules and regulations, and those with programs for marine rehabilitation, conservation and protection, and livelihood and such socioeconomic projects for the marginal fisherfolks of Cebu; c. To promulgate such guideline, policies rules and regulations for the effective implementation of its aims, objectives and activities, as regards: 1. The creation of the four (4) standing committees and such other bodies and defining their composition and functions and responsibilities; 2. The adoption of a reward system in controlling illegal fishing activities and wanton destruction of marine resources, by offering or giving cash reward or other incentives to informants leading and/or resulting to the arrest and conviction of violators of fishery laws; 3. The granting of honorarium/honoraria to invited lecturers or speakers of the meetings and dialogues sponsored and conducted by the Program, and the payment of expenses for the food, transportation, and accommodation relative thereto, and for such other meritorious contribution to the program; 4. The composition of the coordinating secretariat and staff, their respective duties and monthly allowances; 5. The holding of periodic meetings and those of the working committees and the coordinating Secretariat, to assess its programs and operation, and thresh out problems confronting the Program and such other matters that need immediate attention. d. To make periodic report on the activities and operations of the Program to the governor for his evaluation and recommendation. (Art. IV, Sec. 1, Ord. No. 88-13; Art. IV, Sec. 1, Ord. No. 94-1) i. Executive Committee. There is hereby created an Executive Committee which shall be composed of a Chairman and seven (7) members who shall all come from the Coordinating Council, represented by the following: Chairman – Vice-Chairman of the Coordinating Council Vice-Chairman – Program Director, UBDSP Members – Heads of the four (4) Standing Committees 1 NGO/PO representative 1 Media representative. (Art. II, Sec. 2, Ord. 94-1) ii. Function of the Executive Committee. The Executive Committee shall ensure that the programs, activities and policies promulgated by the Coordinating Council are properly implemented and carried out, and institute proper effective and harmonious coordination and teamwork between and among the standing committees and such other bodies in the performance of their respective assigned and designated tasks, and perform such other functions as directed by the Coordinating Council. (Art. IV, Sec. 2, Ord. No. 94-1) p.t.o./

Res. No. 1483-2012/Ord. No. 2012-13

(m) Budget. An amount of not less than One Million Pesos (P1,000,000.00) per year which shall be included in the Annual Budget of every year thereafter shall be appropriated by the Provincial Government for this purpose. (Art. VI, Sec. 1, Ord. No. 94-1) (n) Fund sourcing. The Program, thru the Coordinating Council, shall raise funds and materials from persons, corporations, institutions, government and non-governmental agencies, and shall accept donations from such persons, corporations, institutions, government and non-governmental agencies, foreign and domestic to support and meet its requirement. (Art. VI, Sec. 2, Ord. No. 94-1) ARTICLE X AIR, WATER, NOISE POLLUTION MANAGEMENT AND PUBLIC HEALTH SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The maintenance of clean air and water in the Province and component cities/municipalities for a healthy and productive living among its constituents is a collective effort. Both large and small corporations including the ordinary citizens shall be imbued with the right attitude and be partners in regulating and reducing their contribution to air and water pollution. The policies/principles on air quality, water quality and noise control management shall be governed by the following: a) Air/water quality and effective noise management are imperatives to authentic human development and progress; b) Maintenance of air/water quality and noise control is a shared responsibility of all stakeholders. c) prevent to the greatest extent practicable, injury and /or damage to plant and animal life and property; and d) promote the social and economic development of the country.

SECTION 2. SCOPE OF POWERS. In the exercise of their inherent powers, the local government units shall: a) Monitor air quality, water quality and noise pollution management of industries, motor vehicles, slaughterhouses, markets, agri-industries, hotels, businesses and other activities that contribute to pollution; b) Implement measures to prevent and control, air, water and noise pollution in coordination with LGUs and other agencies/offices; c) Enact measures for the abatement of air, water and noise pollution; and d) Enforce air, water and noise pollution control laws, rules, and regulations. e) Under the Philippine Clean Air Act , “ Section 36.Role of Local Government Units. – Local Government Units ( LGUs ) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction”. Consistent with Section 7, 8 and 9 of Philippine Clean Air Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, that in case where the Board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.

SECTION 3. AIR POLLUTION. The Province will support and coordinate with EMB/DENR the formation and operations of the Airshed Management Board (AMB) as provided for in The Clean Air Act. The Province will support the programs of the AMB in monitoring the air quality and location of major sources of air pollution such as power plants, heavy industries, and industrial estate, through its authority to review land use plans of the individual LGUs, purchase of air quality monitoring (AQM) devices and installation of AQM stations in the LGUs especially those hosting polluting industries p.t.o./

57

Res. No. 1483-2012/Ord. No. 2012-13

Page 59

Page 61

to more support for development patterns that benefit public health, such as neighborhoods that are friendly to bicyclists and pedestrians. Another approach would be to convene multiagency local government task forces where these issues could be discussed and where crossdepartmental solutions could be considered.

SECTION 9. BUILDING COALITION TO FOSTER HEALTHY COMMUNITIES. Creating healthy communities requires coordinated action at all levels of government, as well as the involvement of stakeholders outside government. The Province can promote collaboration and coordination by establishing a “healthy community” or “active living” task force made up of health agencies, provincial, city and municipal land-use planners, bicycle and pedestrian advocates, health advocacy groups, smart growth organizations, the building industry, environmental groups, health promotion professionals, nutritionists, public safety officials and other interested parties.

The Task Force should explore ways to promote healthier communities through changes in programs and policies. The Province may also prefer to strengthen the role of existing intergovernmental coordinators by mandating that they perform specific tasks and goals related to creating healthy communities.

SECTION 10. SUPPORT LOCAL HEALTH IMPACT ASSESSMENTS. The Province shall encourage communities to assess the health impact of comprehensive land-use plans, zoning proposals, planned investments in transportation and other proposed infrastructure changes. Such assessments also can be applied to specific developments, including subdivisions, shopping centers, and streetscape or sidewalk redesigns.

Health impact assessments are similar to environmental impact assessments. While environmental impact assessments focus on such environmental outcomes as air and water quality, health impact assessments focus on health outcomes, such as obesity, physical inactivity, asthma and injuries. They also may address equity and other social issues tied to the impact of land-use changes. A major benefit of the process is that it brings public health issues to the attention of policy-makers outside the traditional public health realm, including transportation and land-use officials ARTICLE X1 ECOTOURISM SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The Province shall adopt community-based ecotourism as both a resource conservation strategy and a business industry; maximize the full potential of the province as an ecotourism destination; and implement appropriate ecotourism management program to ensure that unacceptable impacts attributed to ecotourism will be avoided. The province shall aim: a) To safeguard the integrity of existing and potential ecotourism areas of the city; b) To promote ecotourism as a viable strategy to improve the socioeconomic condition of the local communities and protect the integrity of the natural and cultural sites as ecotourism sites; c) To promote and regulate the ecotourism industry within the capacity of the environment for sustainable growth; and d) To protect ecotourism sites as heritage to the future generations of Cebuanos. p.t.o./

59

Page 58

Res. No. 1483-2012/Ord. No. 2012-13

Page 60

iii. Standing Committees. To effectively carry out and implement the objectives, thrusts and activities of the program, there shall be created four (4) standing committees, not limited but subject to the creation of additional committee or committees as the need arises, which are as follows: a. Committee on Law Enforcement and Prosecution b. Committee on Marine Rehabilitation and Conservation c. Committee on Socio-Economic Projects d. Committee on Resource Mobilization. (Art. V, Sec. 1, Ord. No. 88-13Art. II, Sec. 3, Ord. 94-1)

The Province will discuss and coordinate solutions with its counterparts in the Regional Development Council and with other government agencies, the monitoring and control of air pollutants in their jurisdictions that might affect the province.

(i) Duties of Standing Committees. The respective Standing Committees shall perform the following: a. The Committee on Organization shall be responsible for the formation and organization of more Bantay Dagat Sugbo Councils in the city, municipal and barangay areas, and undertake their training in the proper implementation of the aims and objectives of the Council; b. The Committee on Budget and Finance shall be responsible in handling the budgetary requirements and financial resources of the Council; c. The Committee on Education and Information shall be responsible in disseminating information to the public regarding the plans and programs and other activities of the Council to develop public support and awareness on the importance of preserving and protecting the marine resources; d. The Committee on Law Enforcement and Prosecution shall be responsible for the patrol and intelligence operations of the Program to enforce fishery laws, rules and regulations and arrest and prosecute violators thereof; e. The Committee on Marine Rehabilitation and Conservation shall be responsible and for declaration as marine conservation parks, and for such other activities related thereto; d. The Committee on Socio-Economic Projects shall be responsible in identifying, extending and organizing livelihood projects for the marginal fisherfolks, and in the formation for appropriate community-based bodies/ organizations to effectively implement and manage said projects e. The Committee on Resource Mobilization shall be responsible for accessing, resourcing and mobilizing funds and materials to ensure adequate support for the requirements of the Program. (Art. V, Sec. 2, Ord. No. 88-13; Art. IV, Sec. 3, Ord. No. 94-1)

SECTION 4. LIQUID WASTE DISPOSAL. To avoid deterioration of the quality of a Receiving Water Body (RWB), no industrial, commercial and agricultural plants with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather conditions is insufficient to maintain its prescribed water quality according to its usage and classification. Further, no person, entity or establishment shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water or through the use of bypass canals and or pumps and other unauthorized means of disposal.

(j) Coordinating Secretariat and staff. To effectively manage and carry out the day-to-day activities of the program, there shall be created a Coordinating Secretariat at the Provincial Capitol whose members shall come from the various departments and offices of the provincial government and from Non-Governmental and People’s Organizations. It shall have adequate fulltime support staff which shall be under the program director. (Art. VI, Sec. 1, Ord. No. 88-13; Art. II, Sec. 4, Ord. 94-1) (k) Program Director. An Office of the Program Director, under the Office of the Governor, shall be created who shall serve and act as the Chief Executive Officer of the Ugmad-Bantay Dagat Sugbo Program. (Art. II, Sec. 5, Ord. 94-1) (l) Appointing Power. AAll members of the Coordinating Council , the Executive Committee, the four(4) Standing Commitees and the Coordinating Secretariat, and the Program Director shall be appointed by the Governor. (Art. III, Sec.1 and 2 Ord. No. 8813;Art II, Sec. 6, Ord. 94-1) p.t.o./ 58

61 Res. No. 1483-2012/Ord. No. 2012-13

The Province in coordination with the LGUs and the private sector will promote the development of activities that will reduce air pollutants through the use of more efficient and new technologies. The Province will discourage, and where legally possible prohibit the installation of factories and vehicles that have been closed in other jurisdiction for excessive emissions of air pollutants.

SECTION 5. HEALTH AND SANITATION MEASURES. The Provincial Government shall adopt appropriate measures to assist city/municipal governments in improving environmental sanitation by expanding the use of sanitary toilets for waste disposal. Such assistance shall include direct investments in public health education and strict enforcement of the Building Code.

SECTION 6. NOISE LEVEL REGULATION AND MONITORING. The Province shall coordinate and ensure that city/municipal governments and concerned agencies shall strictly regulate and monitor the operation of all noise-producing equipment such as; but not limited to; construction and transportation equipment, stationary engines, electrical, electronic and similar equipment and contrivances to ensure that the generated noise and vibration levels are within the noise level standards.

Page 62

SECTION 2. SCOPE OF POWERS. Pursuant to Article II, Section 16 and Article XII Section 1 of the Constitution and Presidential Executive Order No. 120, the provincial government shall adopt ecological tourism as major strategy for the conservation of biological diversity and preservation of the unique natural and cultural heritage of the Cebuanos, creation of local employment opportunities; regulate and control the growth of ecotourism activities in the province through the establishment of site-specific framework plans.

SECTION 3. COMMUNITY-BASED ECOLOGICAL TOURISM. The Provincial Government hereby adopts community-based ecological tourism to promote community entrepreneurship and biodiversity conservation subject to guidelines which may hereinafter be promulgated.

SECTION 4. SELECTION OF ECOLOGICAL TOURISM SITES. The Provincial Government, in collaboration with the Department of Tourism, DENR, concerned LGUs and stakeholders shall determine, authorize and prescribe parameters for ecological tourism sites visitation and development.

SECTION 5. PREPARATION OF PROVINCIAL ECOLOGICAL TOURISM FRAMEWORK PLAN. In the interest of environmental conservation, the Governor shall direct the development of a Provincial Ecological Tourism Framework Plan based on the ecological tourism standards and guidelines for the development of sustainable ecological tourism. In the absence of a city/municipal eco-tourism plan, the Provincial Government may provide technical assistance for the drafting of the said plan. No ecological tourism sites shall be authorized for commercial visitation, development or operation without a duly approved city/municipal ecological tourism plan.

SECTION 6. SITE SPECIFIC ECOTOURISM DEVELOPMENT PLAN. The Provincial Governor shall create Technical Working Group (TWG) to prepare/formulate Ecotourism Development Plan for specific sites that needs immediate and special attention.

One such example is the ‘Creation of the TWG to Draft the Osmeńa Peak Ecotourism Development Plan’ by EO No. 02.

SECTION 7. INFORMATION, EDUCATION AND ADVOCACY. The Province shall assist the city/municipal LGUs, in cooperation with the academe, civil society and the business community, in the implementation of continuing information and education campaign to encourage awareness and vigilance among the citizenry on air quality and noise pollution management.

SECTION 7. ACCREDITATION SYSTEM. The Province shall institute a system for accreditation of tourist guides, drivers, escorts, promoters, service providers and coaches and conveyances including the rules and regulations governing the issuance and renewal of licenses and the related fees and charges thereof.

SECTION 8. IEC ON THE RELATIONSHIP BETWEEN PUBLIC HEALTH AND THE BUILT ENVIRONMENT. Until recently, few public officials gave much thought to the ways that a place’s design might affect a person’s health. Now, civic and public health leaders may be aware of those impacts, but they still face political and regulatory barriers to change. Therefore, the Province and the component LGUs should train provincial and local public health workers to raise awareness of the relationship between the built environment and public health, and should help them build the capacity to educate officials in other agencies about potential solutions.

ARTICLE XII ENERGY

The Province can take several steps to ensure that local public health officials raise awareness by becoming engaged in the land-use decision-making process. Increasing the involvement of the Province and local public health officials in development decisions leads

SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The Province supports the development of cost effective energy generating infrastructures that will promote the competitiveness of Cebu industries in the domestic and international markets, and provide Cebuanos the benefits of essential services and amenities requiring reliable and affordable power source without compromising the environmental quality and resources of the province for the long term use of future generations.

The Province recognizes the need for more efficient and renewable generation of power. The Province will support Cebuanos’ concern for the environment and the future generation by encouraging subscription to such source of energy. p.t.o./

p.t.o./ 60

62

cebu monthly 31

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 63

SECTION 3. ENERGY EFFICIENCY. The Province will promote energy efficiency in industries and households in order to reduce energy consumption to basic minimum.

The province will coordinate with public agencies, LGUs in the province, private organizations, and the civil society in initiating and implementing energy efficiency programs aim at increasing awareness among users of energy such as the commercial, industrial, transport, government and household sectors. The Province energy efficiency program will be anchored on the following goals: enhance consumer understanding of energy use; decrease consumer energy expenditures without constraining productivity; reduce capacity/transmission expansion requirements; and reduce greenhouse gas emissions.

SECTION 4. SMART GROWTH AND ENERGY EFFICIENCY. Compact, mixed-use development generally reduces per-unit energy consumption. For example, high density provides more transportation choices, which allow for a reduction in vehicle miles traveled. It also facilitates the use of highly efficient district energy systems to help heat and cool buildings. But policies and codes in many communities do not allow for smart growth approaches to development. The Province therefore should help local governments understand the link between smart growth and energy efficiency.

The Province and its component cities and municipalities shall work with the Department of Energy (DOE) and other energy efficiency advocacy group to ensure that land-use and state energy planning goals are coordinated. Such coordination can create opportunities to identify and capture major energy savings in development projects.

The Province can also examine the regulatory framework that relates to energy planning. The regulatory framework will determine the method by which energy agencies can link their planning activities to provincial and local level land-use planning. In some states, legislation may be required to direct agencies responsible for energy planning to work with local planners; in others states, an executive order will suffice.

ARTICLE XIII CLIMATE CHANGE AND DISASTER RISK REDUCTION

SECTION 3. INTEGRATION OF CLIMATE CHANGE ADAPTATION MEASURES TO LOCAL DEVELOPMENT PLANS. The Cebu Provincial Government cognizant of its responsibility to provide safe and healthy environment to its constituent, wishes to integrate Climate Change Adaptation and Disaster Risk Reduction measures to the Development Plans – particularly, Comprehensive Land Use Plans of cities and municipalities of LGUs in the province; and Environmental Impact Assessment studies of projects with provincial significance (regional impact area), such as but not limited to – quarrying and mining projects, and those in Cebu’s River Basin areas.

SECTION 4. LOCAL CLIMATE CHANGE ACTION PLAN. The Province shall initiate, coordinate, and ensure that local government units shall actively undertake the formulation, planning and, implementation of climate change action plans in their respective area consistent with the provisions of the Local Government Code, the United Nation Framework on Climate Change, and the National Climate Change Action Plan. (Section 14, RA 9729). In the development and implementation of the Local Climate Change Action Plans, the LGUs shall coordinate with the national government agencies, local disaster coordinating councils, non-government organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.

SECTION 5. PROVINCIAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL OF CEBU(PDRRMCC). It shall be the policy of the Province of Cebu to uphold the people’s constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country’s institutional capacity for disaster risk reduction and management and building the resilience of local communities to disasters including climate change impacts, and adopts the national policy as provided under RA 10121. (Chap. I, Sec. 2, Ord. No. 2012-03) (a) Composition and structure. The Provincial Disaster Risk Reduction and Management Council of Cebu (PDRRMC) shall be composed of, but not limited to the following: Chairman – Cebu Governor Member – Chairman, Sangguniang Panlalawigan, Committee on Planning and Development; Chairman, Sangguniang Panlalawigan, Committee on Public Works Highways and Infrastructures; Chairman, Sangguniang Panlalawigan, Committee on Public Health and Social Welfare;

Res. No. 1483-2012/Ord. No. 2012-13

(f)

Declaration of State of Calamity. The Provincial Council shall recommend to the Regional DRRMC the declaration of a cluster of municipalities, cities, under a state of calamity, and the lifting thereof, based on the criteria set by the national council. The declaration and lifting of the state of calamity may also be issued by the Sangguniang Panlalawigan, upon the recommendation of the PDRRMC, based on the results of the damage assessment and needs analysis. (Chap. II, Sec. 9, Ord. No.2012-03)

(g)

Appropriation for Local Disaster Risk Reduction Management Fund (LDRRMF). The present local calamity fund shall henceforth be known as the Local Disaster Risk Reduction Management Fund (LDRRMF). Not less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk reduction management activities such as, but not limited to, pre-disaster preparedness programs including training, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities such as construction of evacuation centers and for payment of premiums on calamity insurance of the accredited volunteers and rescuers. The LDRRMC shall monitor and evaluate the use and disbursement of LDRRMF based on the LDRRMP as incorporated in the local development plans and annual work and financial plan. Upon the recommendation of the LDRRMO and approval of the Sanggunian concerned, the LDRRMC may transfer the said fund to support disaster risk reduction management work of other LDRRMCs which are declared under state of calamity.

Of the amount appropriated for LDRRMF, thirty percent (30%) shall be allocated as Quick Respond Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people in communities stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible. Unexpected LDRRMF shall accrue to a special trust fund solely for the purpose

SECTION 2. SCOPE OF POWERS. In the exercise of their respective mandates,

A. The Province shall: 1) Provide technical assistance, enforcement and information management in support of municipal and city climate change action plans; (Sec. 14, RA 9729) 2) Maximize the inter-local government unit collaboration in the conduct of climaterelated activities; 3) Appoint/designate the Provincial Environment and Natural Resources Office (PENRO) for the formulation and implementation of the provincial climate change action plans; (Sec. 18, RA 9729) 4) Allocate from its annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention of its climate change programs and plans; (Sec. 18, RA 9729) 5) Conduct, through the PENRO, public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas; 6) Regularly update its action plan to reflect changing social, economic and environmental conditions and emerging issues; 7) Furnish the Climate Change Commission established under RA 9729 with copies of its action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from its adoption; 8) Mobilize and allocate necessary personnel, resources and logistics to effectively implement its climate change action plans; and 9) Coordinate with the national government agencies concerned in technical and financial assistance to LGUs, in accomplishing Local Climate Change Actions Plans.

B. City and Municipal Governments shall: 1) Consider climate change adaptation and mitigation as one of their regular functions; 2) Formulate, plan and implement their respective climate change action plans consistent with the provincial action plan; 3) Appoint the person responsible for the formulation and implementation of their local action plan; (Sec. 18, RA 9729) 4) Conduct, through their respective City/Municipal Environment and Natural Resources Office (C/MENRO), public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas; p.t.o./ 64

p.t.o./

Page 66

(b)

67 Res. No. 1483-2012/Ord. No. 2012-13

Chairman, Sangguniang Panlalawigan, Committee on Public Safety, Peace and Order; Provincial Planning and Development Officer; Provincial Disaster Risk Reduction and Management Officer; Provincial Social Welfare and Development Officer; Provincial Health Officer; Provincial Agriculture Officer; Head of the Gender and Development Office; Provincial Veterinarian Officer; Provincial Budget Officer; Provincial Environment and Natural Resources Officer; DILG Provincial Director; Division Superintendent of School of the DepEd; Highest ranking officer of the AFP; Provincial Director, Philippine National Police (PNP); Provincial Director, Bureau of Fire Protection; President, Association of Barangay Captains (ABC), Cebu Province; President, League of Mayors of the Philippines (LMP), Cebu Province Philippine National Red Cross; Four (4) accredited CSOs: A, B, C, D; One (1) private sector representative.

(Chap. II, Sec. 5, Ord. No. 2012-03)

SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The Province adopts the following: a) The ultimate objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system; b) Precautionary principle shall be the guide of all decision-making in climate risk management.; c) Climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity.; and d) The concept of climate change shall be systematically integrated in various phases of local policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all LGUs.

32 cebu Sugbo 32 monthly

Coordination During Emergencies. The PDRRMC shall take the lead in preparing for, responding to, and recovering from the effects of any disaster based on the following criteria: a. The BDC, if a barangay is affected; b. The City/Municipal DRRMCs, if two (2) or more barangays are affected; and, c. The Provincial DRRMC, if two (2) or more cities and municipalities are affected.

(Chap. II, Sec. 8, Ord. No. 2012-03)

65

63

the:

(e)

p.t.o./

Page 64

Page 67

through diverse media, particularly radio, landline communications and technologies for communications within rural communities; e. Prepares and submits to the Sangguniang Panlalawigan through the PDRRMC the annual PDRRMO plan, and budget, the proposed programming of the LDRRMF, other dedicated disaster risk reduction and management resources, and funding sources and budgetary support; f. Prepares and submits, through the PDRRMC and the PDC, the report on the utilization of the LDRRMF and dedicated disaster risk reduction and management resources to the local COA, copy furnished the Regional Director of the OCD/RDRRMC and the Local Government Operations Officer of the DILG; and, g. Act on other matters that may be authorized by the PDRRMC as to: 1. Disaster Preparedness; 2. Disaster Prevention and Mitigation; 3. Disaster Response; 4. Disaster Rehabilitation and Recovery. (Chap. II, Sec. 7, Ord. No. 2012-03)

C. Barangay Government shall: 1) Be directly involved with the city and municipal governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions; and 2) Mobilize and allocate necessary personnel, resources and logistics to effectively implement its climate change action plans.

p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

5) Regularly update their respective action plan to reflect changing social, economic and environmental conditions and emerging issues; 6) Furnish the Climate Change Commission established under RA 9729 with copies of its action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from its adoption; and 7) Mobilize and allocate necessary personnel, resources and logistics to effectively implement its action plans on climate change.

The Province recognizes the need for a long term Energy Master Plan so that the sources and alternatives for power generation are properly evaluated with active and constructive public participation rather than fast track decisions made during a power crisis.

The Province will coordinate with the agencies of the national government, the private sector and local communities and stakeholders in its development and implementation.

SECTION 2. SCOPE OF POWERS. In the exercise of their powers, duties and functions, the Provincial Governor, City/Municipal Mayors and Punong Barangays shall adopt measures to safeguard and conserve the environment in general. Local government units shall adopt measures for the protection of the environment in relation to the development and generation of electric power from indigenous and renewable resources such as wind, solar, hydro and other natural sources.

Page 65

Meetings. The PDRRMC shall meet once (1) in every quarter or as the need arises.

The Governor shall be authorized to provide reasonable allowances and honoraria to the members, subject to the usual rules and regulations of the Commission on Audit.

(Chap. II, Sec. 5, Ord. No. 2012-03),

(c) PDRRMC office. The PDRRMC shall establish an office which shall be responsible for: a. Administrative functions and training; b. Research and planning; and, c. Operations, warning and coordination of PDRRMC actions. (Chap. II, Sec. 6, Ord. No. 2012-03) (d) Duties, powers and functions. The PDRRMC of the Province of Cebu shall have the following duties, powers and functions: a. Sets the direction, design programs for development, implementation of disaster risk management activities consistent with the provincial and national councils’ standards and guidelines as provided under RA 10121; b. Facilitates and supports risk assessments, contingency planning activities, consolidates disaster risk information, a risk map and maintains a database of human resource, equipment, directories, and location of critical infrastructures and their capacities such as hospitals and evacuation centers; c. Organizes and conducts training, orientation, and knowledge management activities on disaster risk reduction management at the provincial level; d. Disseminates information and raises public awareness about those hazards, vulnerabilities and risks, their nature, effects and operates a multi-hazard early warning system, linked to risk reduction to provide accurate and timely advice to national or local emergency response organization and to the general public,

p.t.o./ 66

Page 68

of supporting disaster risk reduction management activities of the LDRRMCs within the next five (5) years. Any such amount still not fully utilized after five (5) years shall revert back to the general fund and will be available for other social services to be identified by the local Sanggunian. (Chap. II, Sec. 10, Ord. No.2012-03) ARTICLE XIV ENVIRONMENTAL IMPACT ASSESSMENT SECTION 1. EIA COVERAGE. As part of its CLUP, the LGUs through a transparent and participatory process, will have to delineate areas that are not environmentally critical as per Presidential Proclamation 2146. Non-environmentally critical projects that are located in non-environmentally critical areas are exempt from the EIS provided they comply with the CLUP. Delineation of non environmentally critical areas will facilitate the implementation of non-environmentally critical project in the LGU. SECTION 2. PUBLIC CONSULTATION/PARTICIPATION. The Province will assist in the public consultation process of major projects affecting two or more LGUs. In the event the execution of the project may require the enactment of an ordinance, the concerned LGU will have to include in its explanatory note to the ordinance, the requirements of the Environmental Compliance Certificate addressed to the LGU and how those conditions were used in the decision making process or preparation of the ordinance.

The Province on its own initiative or recommendations of affected LGUs may convene a consultative meeting with the participation of the Environment Management Bureau of the DENR prior to the issuance of the ECC to address trans-jurisdictional issues such as air pollution, distortion on the water supply and utilization in other LGUs or water districts, and other issues as provided for in RA 7160.

For projects seeking barangay, city, municipality, provincial endorsement, clearance or permit, the need for free-prior informed-consent of affected communities by the proposed development programs shall be secured through the conduct of public hearing/consultation where the Environmental Management Plan (for projects issued an Environmental Compliance Certificate), as well as Rehabilitation and Restoration plan (in case of mining and quarrying projects) will be presented , discuss and inputs from the public/stakeholders will be solicited. The Environmental Management Plan and copy of the Environmental Compliance Certificate shall not only be furnished to the provincial government (PENRO), barangay, city/municipal governments of the host communities, but shall be presented and discussed to the local council and interested residents (as part of the project’s Information and Education Campaign) SECTION 3. ENVIRONMENTALLY CRITICAL PROJECTS AND PROJECTS WITH SIGNIFICANT IMPACTS. For very large environmentally critical projects, the Province in coordination with EMB/DENR may require extensive economic, scientific and environmental analysis of alternatives by proponents, parties opposing and supporting the undertaking to assist in sound decision making. Where the potential damage is very high, the Province shall invoke the principles of the Rio Declaration that the Philippines has signed and ratified in 1992.

The Province upon its own initiatives or recommendations from LGUs and concerned sectors of the Cebuano society will coordinate with the Regional Development Council, other provinces and the national government the planning and implementation of undertakings with potentially significant impacts on the environment. p.t.o./ 68

Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 69

The Province upon its own initiative or recommendations from LGUs will use its persuasive authority to convince Congress and the President of the Philippines to review, amend or prepare new legislation to improve the environmental conditions, conservation and utilization of environmental resources of the province, and to address environmental issues and impacts emanating from areas outside its jurisdiction.

SECTION 4. EIA REVIEW FUNDS FOR IMPORTANT PROJECTS. The Province may initiate the establishment of a fund to finance independent and constructive review of important projects. The review will involve the economic, financial, social and environmental concerns of the environmentally critical projects that the Province has identified or that have been recommended by a number of LGUs or professional organizations as significant for the economic development, competiveness in the international market of the Cebuano economy, social and cultural well-being and environmental conservation. The Province will pass an ordinance detailing the management of the fund.

SECTION 5. PROFESSIONALIZING AND MAINSTREAMING THE EIA PRACTICE. The province, in coordination with the EMB, Academe, Industry/Business groups, Environmental NGOs, EIA practitioners may initiate programs and project to enhance capacities and capabilities of the LGUs and communities to undertake, review/assess, and participate in any EIA study and review process that the Philippine Environmental Impact Statement System will be effectively mainstream into the LGUs planning and decision-making process. In addition, the Province may initiate the training and accreditation of EIA specialists to enhance and standardize EIA practices in the province.

SECTION 6. COMPULSORY PROVISION OF ECC AND EIA DOCUMENT. The Province shall require the ‘compulsory submission of the EIA Statement and Environmental Compliance Certificates to the Provincial Government, City, Municipality and Barangay concerned.

ARTICLE XV PROMOTION OF SUSTAINABLE APPROACHES TO DEVELOPMENT PLANNING AND ENVIRONMENTAL PROTECTION SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The Province recognizes that poorly controlled and designed development patterns that encourage urban sprawl results to declining air quality, inefficient use of energy resulting in increasing greenhouse gas emissions, loss of prime agricultural lands and ecologically significant areas and as threats to surface and groundwater supplies. The Province and its component cities and municipalities are looking for tried and trusted policies that can help produce more cost-efficient and environmentally sustainable patterns of growth.

One such approach is the adoption of the “smart growth” a development concept that supports the economy, the community, the environment, and public health through encouraging mixed land uses, fostering a sense of place, preserving open space, and creating walkable communities.

It has also been recognized that the province and its cities and municipalities are facing increasing social, economic, and environmental challenges and problems brought about by rapid growth and urbanization, and worsening impacts of global warming and climate change; inadequate and aging infrastructure resulting to declining competitiveness;

Page 71

mitigation measures, such as preservation of lands that contain critical habitats, stream buffers, and wetlands, are more easily implemented and cost effective at broader provincial scales. Planning-development programs can fundamentally shift toward a more comprehensive approach either by ensuring that a broad range of indirect impacts is considered or by conducting an impact analyses at a programmatic level.

SECTION 4. DEVELOPMENT COORDINATING BODY. The Province recognizing the necessity of having a coordinating Body/entity to effectively address environmental issues/concerns towards sustainably attaining its development objectives supports the establishment and operationalization of this Body or entity - such as the Mega Cebu Development Coordinating Board Project.

ARTICLE XVI GENERAL PROVISIONS SECTION 1. LOCALIZATION OF FEES AND CHARGES. Localization of fees and charges - where it was imposed taxes shall be regularly and automatically released to the LGU. Fines and penalties for environmental infraction should be used for environmental purposes by the host LGU/community SECTION 2. PUBLIC HEARING, CONSULTATION AND PARTICIPATION. The Province shall ensure that active community participation and collaboration in local government undertakings shall be in adherence to good environmental governance principles, especially the principle of participation. In the issuance of LGU permits, clearances and endorsements identified as having environmental issues/concerns public consultations and hearings shall be appropriately and properly conducted in accordance with meaningful and effective public participation procedures and guidelines.

SECTION 3. TRANSPARENCY. In any contract policy where a person uses a natural resource- all documents must be made available to the public. Copies of Environmental Compliance Certificates of every project or undertakings shall be furnished/provided to the barangays and municipalities, and documents such as environmental studies, environmental management plans, restoration/rehabilitation plans and other similar documents shall be made available to the public.

SECTION 4. POWER OF THE EXECUTIVE TO CREATE SPECIAL BODIES. The Provincial Governor has the prerogative to create special bodies to carry-out local environmental mandates and any provision of this code, such as, but not limited to, the following: Provincial Integrated Water Resources Management Council, Provincial Coastal Resources Management Council, Cebu Province Environmental Management Office.

The Provincial Governor has also the prerogative to create Environmental Task Force and to initiate, coordinate and come into agreements with LGUs, Government Agencies, NGAs, NGOs to ensure the effective delivery/enforcement of environmental mandates such as the Bantay Dagat/Kalikasan, Police Environment Desk Offices, etc.

Ordinance No. 88-13; Ordinance No. 92-07; Ordinance No. 92-08; Ordinance No. 93-3; Ordinance No. 93-4; Ordinance No. 93-6; Ordinance No. 93-25; Ordinance No. 94-1; Ordinance No. 95-4; Ordinance No. 96-6; Ordinance No. 96-14; Ordinance No. 96-26; Ordinance No. 96-28; Ordinance No. 97-6; Ordinance No. 97-12; Ordinance No. 97-13; Ordinance No. 97-24; Ordinance No. 97-41; Ordinance No. 97-42; Ordinance No. 99-07; Ordinance No. 24-2001; Ordinance No. 06-2002; Ordinance No. 2002-12; Ordinance No. 2002-18; Ordinance No. 2003-06; Ordinance No. 2003-12; Ordinance No. 03-25; Ordinance No. 2006-04; Ordinance No. 2006-09; Ordinance No. 2006-12; Ordinance No. 2007-09; Ordinance No. 2009-02; Ordinance No. 2010-06; Ordinance No. 2012-03;

Series of 1988 Series of 1992 Series of 1992 Series of 1993 Series of 1993 Series of 1993 Series of 1993 Series of 1994 Series of 1995 Series of 1996 Series of 1996 Series of 1996 Series of 1996 Series of 1997 Series of 1997 Series of 1997 Series of 1997 Series of 1997 Series of 1997 Series of 1999 Series of 2001 Series of 2002 Series of 2002 Series of 2002 Series of 2003 Series of 2003 Series of 2003 Series of 2006 Series of 2006 Series of 2006 Series of 2007 Series of 2009 Series of 2010 Series of 2012

SECTION 7. EFFECTIVITY CLAUSE – This Code shall take effect 15 days after its publication in a newspaper of general circulation as mandated by the Local Government Code.

ENACTED AND CARRIED ON MASS MOTION. -o0o-

p.t.o./

p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Page 70

in-migration; complex trans-boundary urban issues and extending beyond the geo-political borders of a single or specific local government unit. These myriad and multi-dimensional issues could not be addressed by individually by the provincial or by a city or municipality, as such the need for a coordinating body is now recognized.

SECTION 2. MODEL SMART GROWTH CODES. Local development regulations establish the land use pattern in the province cities and municipalities. Local codes prevent the development of compact and walkable neighborhoods. These codes include zoning regulations, subdivision ordinances, parking standards, and street guidelines. The Province – with its mandate to review and approve development plans of the component cities and municipalities can influence local governments increase the number of compact, walkable neighborhoods by developing and sharing a set of model smart growth development codes. Upon effectivity of this code the Province can: a. Partner with research-academic institutions, professional organizations, foundations/institutions, non-government organizations and relevant planning agencies/departments for the development of model codes.

Partner with communities to conduct build-out analyses of their current development patterns. The Province shall assist local governments conduct build-out analyses, since many LGUs are unsure of how current development regulations (such as zoning codes, subdivision codes, and infrastructure and capital improvement policies) will affect their development. Many local governments are also unsure of the potential impact of current development patterns on the amount and quality of open space, the cost of providing sewer, water, and other infrastructure, housing and transportation choices, and the cost of providing community services. Build-out analyses can help communities envision how they will look and function if build-out occurs according to their current development regulations.

SECTION 3. STRATEGIC TRANSPORTATION PLANNING. The Province recognizes that transportation planning play a critical role in how cities and towns grow and develop, and where stores and residences, sports stadiums and manufacturing plants, and every other imaginable type of land use is located; how people travel from place to place influences what is built and where; the potential effects of transportation projects on air and water quality and other environmental resources; how transportation projects meet the longrange residential and economic development goals of the province and its component cities and municipalities; and how they can assure that specific projects fit the context and scale of the communities they are designed to serve. As such, the Province supports, encourages, and implements actions for: a. Transit-oriented development. Supporting transit and transit-oriented development yield benefits for the transportation system as a whole, for the environment, and for compact, walkable, mixed-use communities. The province can give priority for projects in existing nodes, designated growth centers, and transit-oriented development zones. Well-designed transit-oriented development can be a powerful engine for local growth and for maintaining and growing the local tax base. b. Adoption of a broad or provincial-regional approach to mitigation planning. The Province recognizes the regional impact of transportation projects and supports the use of a regional approach to mitigate the impacts of highway investments. The environmental impacts of transportation projects are typically addressed at a project level. This approach leads to several significant problems. Many environmental impacts are cumulative and large scale. Project level mitigation either fails to identify such impacts or leaves few alternatives for addressing them. Additionally, many p.t.o./ 70

73

71

69

b.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Page 73

ARTICLE XVII PROHIBITED AND PUNISHABLE ACTS, PENALTIES

p.t.o./ Res. No. 1483-2012/Ord. No. 2012-13

Res. No. 1483-2012/Ord. No. 2012-13

Page 72

Res. No. 1483-2012/Ord. No. 2012-13

SECTION 1. PROHIBITED AND PUNISHABLE ACTS. All prohibited acts enumerated in relevant environmental laws (see Annex), and the various Cebu Provincial Ordinances are considered as prohibited and punishable acts under this Code.

I hereby certify to the correctness of the afore-quoted resolution.

SECTION 2. VIOLATION WHERE NO SPECIFIC PENALTY PROVIDED. Violation of any provision of this Code to where no specific penalty is imposed, shall be penalized by a fine of not less than P3,000 but not more than P5,000 or an imprisonment of not less than thirty (30) days but not more than one (1) year, or both at the discretion of the court.

If the violator is a corporation, partnership, association or owner of a business establishment, in addition to penal provision of this Code, its Permit-to-Operate the business shall be suspended, cancelled or revoked by the Municipal/City Mayor as the case may be.

SECTION 3. ADMINISTRATIVE FINE. Any offender can settle his violation by paying the amount of P5,000.00 to the Office of the Treasurer within 72 hours from Notice of Violation without prejudice to the compliance with the provision of this Code.

Page 74

ANECITA G. PASAYLO Provincial Secretary ATTESTED: AGNES A. MAGPALE Vice-Governor/Presiding Officer APPROVED:________________.

SECTION 4. COMMUNITY SERVICE. If the violator cannot pay the fine or penalty provided in the preceding section, the Court may impose upon him or her thirty (30) days of community service.

GWENDOLYN F. GARCIA Provincial Governor

ARTICLE XVIII MISCELLANEOUS PROVISIONS SECTION 1. FUNDING/APPROPRIATION. The Provincial Government shall appropriate funds to ensure effective enforcement of this Code.

SECTION 2. IMPLEMENTING RULES AND REGULATIONS. The Governor through a Technical Working Group, shall formulate the Implementing Rules and Regulations (IRR) necessary to effectively carry out the provisions of this Code within six (6) months from its approval.

SECTION 3. SEPARABILITY CLAUSE – If for any reason or reasons, any part of the provision or provisions of this Code shall be held unconstitutional or invalid, other parts hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 4. REPEALING CLAUSE – All Ordinances, Resolutions, Circulars, Memorandums or Rules and Regulations inconsistent with the provisions of this Code are hereby repealed and modified accordingly.

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 All other SP Members AGP/lhs/erna/noa

SECTION 5. IMPLIED REPEAL. Implied repeal is not favored. Only such provisions of ordinances of the Province of Cebu which are in conflict with any of the provisions herein shall be deemed impliedly repealed.

SECTION 6. EXPRESS REPEAL. The following ordinances of the Province of Cebu are hereby expressly repealed.

p.t.o./ 72

74

SUGBO 3333 cebu monthly

ANNEX: RELATED LAWS, EXECUTIVE ORDERS AND ORDINANCES Republic Act; o Republic Act No. 3983 (1932) An act to protect wild flowers and plants in the Philippine Islands and to prescribe conditions under which they may be collected, kept, sold, exported, and for other purposes. o Republic Act No. 3571 (1963)-An Act to Prohibit the Cutting,, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any other Public Ground. o Republic Act No. 6716 (1989) Rainwater Collection and Spring Protection. o Republic Act No. 6969 (1990) Toxic Substances and Hazardous and Nuclear Waste Control Act. o Republic Act No. 6957 (1990) Built-Operate-Transfer Law. o Republic Act No. 7160 (1991) Local Government Code. o Republic Act No. 7076 (1991) People’s Small-Scale Mining Act. o Republic Act No. 6978 (1991) An Act to Promote Rural Development by Providing for an Accelerated Program within a Ten-Year Period for the Construction of Irrigation Projects. o Republic Act No. 7586 (1992) National Integrated Protection Areas System Act. o Republic Act No. 8041 (1995) The National Water Crisis Act. o Republic Act No. 8435 (1997) Agriculture and Fisheries Modernization Act. o Republic Act No. 8371(1997) The Indigenous People’s Rights. o Republic Act No. 8550 (1998) The Philippine Fisheries Code. o Republic Act No. 8749 (1999) Philippine Clean Air Act. o Republic Act No. 9003 (2000) Ecological Solid Waste Management Act. o Republic Act No. 9147 (2001) An Act Providing for the Conservation and Protection of Wildlife Resources and their Habitats. o Republic Act No. 9168 (2002) Philippine Plant Variety Protection Act. o Republic Act No. 9165 (2002) Comprehensive Dangerous Act. o Republic Act No. 9275 (2004) Philippine Clean Water Act. o Republic Act No. 9512 (2006) National Environmental Awareness and Education Act. o Republic Act No. 9175 (2007) Chainsaw Act. o Republic Act No. 9513 (2008) Renewable Energy Act. Presidential Decrees; o Presidential Decree No. 601 (1974) Revised Coast Guard Law. o Presidential Decree No. 856 (1975) Code on Sanitation of the Philippines. o Presidential Decree No. 825 (1975) Providing Penalty for Improper Disposal of Garbage and other Forms of Uncleanliness and for other Purpose. o Presidential Decree No. 984 (1976) Providing for The Revision of Republic Act No. 3931 or The Pollution Control Law and for Other Purposes. o Presidential Decree No. 979 (1976) Marine Pollution Decree. o Presidential Decree No. 1067 (1976) The Water Code of the Philippines of 1976 – Governs the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources. o Presidential Decree No. 705 (1977) Revised Forestry Code of the Philippines. o Presidential Decree No. 1152 (1977) Philippine Environment Code. o Presidential Decree No. 1219 (1977) The Coral Resources Development and Conservation Decree. o Presidential Decree No. 1198 (1977) Requiring All Individuals, Partnerships or Corporations Engaged in the Exploration, Development and Exploitation of Natural 75

Resources or in the Construction of Infrastructure Projects to Restore or Rehabilitate Areas Subject Thereof or Affected Thereby to their Original Condition. o Presidential Decree No. 1586 (1978) Philippines Environmental Impact Assessment System. o Presidential Decree No. 1433 (1978) Plant Quarantine Law. o Presidential Decree No. 1181 (2008) Providing for the Prevention, Control and Abatement of Air Pollution from Motor Vehicles and for Other . o Presidential Decree 953, entitled “Requiring the Planting of Trees in Certain Places and Penalizing Unauthorized Cutting, Destruction, Damaging and Injuring of Certain Trees, Plants and Vegetation Presidential Proclamations; o Presidential Proclamation No. 2146 (1981) Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within the Scope of the Environmental Impact Statement System Established Under Presidential Decree No. 1586. o Presidential Proclamation No. 2146 (1981) Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within the Scope of the Environmental Impact Statement System Established Under Presidential Decree No. 1586 Executive Orders; • Executive Order No. 430 (1990) National Committee or Biosafety of the Philippines (NCBP) and the formulated national policies and guidelines on biosafety of 1990.

• Executive Order No. 72 (1993), which reaffirms the specific provision of the RA 7160 on the need for the city to prepare its CLUP and prescribes the review and approval process.

• Executive Order No. 247 (1995). Prescribing Guidelines and Establishing A Regulatory Framework for the Prospecting of Biological and Genetic Resources, Their By-Products and Derivatives, for Scientific and Commercial Purposes; and Other Purposes.

• Executive Order No. 111 (1999). Establishing the Guidelines for Ecotourism Development in the Philippines; National Ecotourism Development Council (NEDC) Resolution No. 2001-01- Adopting the Operating Guidelines for Executive Order No. 111.

• Executive Order No. 399 (2005). Directing the Operationalization of the Philippine Agenda 21 and monitoring its implementation’, embodied therein the “People’s Covenant towards a Transition to Sustainable Development.

• Executive Order No. 2 (2007)- Amending Executive Order No. 2 S. 2001 dated March 9, 2005 . Regarding Organization of the City Solid Waste Management Board Pursuant to R.A. 9003 Otherwise known as “ The Ecological Solid Waste Management Act of 2000”.

• Executive Order No. 774 (2008). Reorganizing the Presidential Task Force on Climate Change.

• Executive Order No. 111 (2008). Establishing the Guidelines for Ecotourism Development in the Philippines.

Letter of Instruction; Joint DENR-DILG Memorandum Circular No. 98-01 Manual of Procedures For DENRDILG-LGU Partnership on Devolved and Other Forest Management Functions.

Department Orders; • DENR Administrative Order No. 35-91 (1982) Revised Effluent Regulations of 1990 Revising and Amending the Effluent Regulations.

• DENR Administrative Order No. 35-49 (1982) Revised Effluent Regulations of 1990s Revising and Amending the Effluent Regulations .

• DENR Administrative Order 34-90 (1990). Revised Water Usage and Classification/Water Quality Criteria Amending Section Nos. 68 and 69, Chapter III of the 1978 NPCC Rules and Regulations.

• DENR Administrative Order No. 30 (1992) Guidelines for the transfer and Implementation of • DENR functions Devolved to LGU. • DENR 94-98 (1994). Interim guidelines for the importation of recyclable materials containing hazardous substances

• • • • • • • • • • • • • • •

• • • • • • • • • •

DENR Administrative Order No. 97-16 (1997). Addendum to the Guidelines on the Establishment and Management of the Integrated Protected Area Fund.

DAO 97-28. Amending Annex A of Dao 28 series of 1994 interim guidelines for the importation of recyclable materials containing hazardous substances.

DAO 97-38 (1997). Chemical control order for mercury and mercury compounds DAO 97-39 (1997). Chemical control order for cyanide and cyanide compounds DAO 98-58. Priority chemicals list DAO 2000-18. Chemical control order for ozone depleting substances (ODS) DAO 2004-01 (2004). Chemical control order (cco) for polychlorinated biphenyls (pcbs) DENR Administrative Order No. 50 (1998) Adopting the Landfill site Identification and screening Criteria for Municipal Solid waste Disposal Facilities.

DENR Administrative Order No. 99-39 (1999). Guidelines for the Development and Management of Ecological Destinations in The Philippines.

DENR Administrative Order No. 99-34 (1999) Rules and Regulations Governing the Administration, Management and Development of Foreshore Areas, Marshy Lands and Other Lands Bordering Bodies of Water.

DENR Administrative Order No. 2000-51 (2000). Guidelines and Principles In Determining Fees for Access to and Sustainable Use of Resources in Protected Areas.

Department Administrative Order No. 30 (2003) Revised Procedural Manual for DAO 30-03.

DENR Administrative Order No.2004-28 (2004) Rules and Regulations Governing Use of Forestlands for Tourism Purposes.

DENR Administrative Order No. 04-32 (2004) Revised Guidelines on the Establishment and Management of Community-Based Program in Protected Areas.

Department Order No. 42 (2004) Rationalizing the Implementation of the Philippine Environmental Impact Statement (EIS) System and Giving Authority, In Addition to the Secretary of the Department of Environment and Natural Resources, to the Director and Regional Directors of the Environmental Management Bureau to Grant or Deny the Issuance of Environmental Compliance Certificates.

DENR Memorandum Order No. 13, Establishment of Forest / Tree Parks in Cities, Municipalities and Barangays Throughout the Country Per LOI 1312 DENR Administrative Order No. 97-05, “Procedures in the retention or areas within certain distances along the banks or rivers, streams, and shore of seas, lakes and oceans for environmental protection.”

DENR Administrative Order No. 15, series of 1990 re Mangrove Stewardship Agreement DOE ER 194, Share for Environmental Management (Including Watershed Management), Energy Fund from Power Producers (government and IPP).

DENR DAO 99-21 Fisheries Code of the Philippines (RA 8550) Organic Farming Act (RA 10068) IRR of RA 9275 DENR DAO 2000-01 (Guidelines for the Implementation of DENR DAO 98-01: CoManagement between LGUs and DENR for Forestlands) PD 198 (Water Districts…)

76

77

Cebu Monthly Now available at your fingertips!

Just visit the Cebu Monthly Issuu library at

www.issuu.com/cebumonthly Scan this QR Code on your iOS, Android, Windows or Blackberry phone to visit the website straight on your mobile.

INTERACT with us through

34 34 cebu Sugbo monthly

Museo Sugbo

Reconnect with your heritage in Cebu’s biggest museum!

Six Buildings 12 Fully Airconditioned Galleries Museum Gift and Coffee Shop Free Wi-Fi

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

SKYLINE GARDEN COLUMBARY NOW HIRING SALES AGENTS FOR PHASE 1 & 2 (PRE-SELLING)

FOR SITE VISIT @ BUSAY HILLS CEBU (NEAR TOP), PLEASE CONTACT IRIS JOY @ 09173220145

SKYLINE GARDEN COLUMBARY

ZIPLINE

MOUNTAIN VIEW

MARCO POLO HOTEL JY SQUARE, LAHUG, CEBU

A PERMANENT PLACE TO VISIT GENERATIONS OF FAMILY MEMBERS. LOCATED ON TOP OF A MOUNTAIN, 2,000 FEET ABAOVE SEA LEVEL WITH A VIEW OF METRO CEBU AND THE CENTRAL VISAYAS ISLANDS OF MACTAN, OLANGO, BOHOL & LEYTE. CALL US NOW @ 09173220145

SKYLINE GARDENS DEVELOPMENT CORP. Cebu Yacht Club, MEPZ, Lapu-lapu City

THIS ENTITLES BEARER TO A FREE CONTINGENCY PLANNING WORKSHOP. PLEASE CUT AND PRESENT THIS AD.

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

Cebu Cultural Center

Visit us at our website www.cebu.gov.ph

Gorordo Avenue, J. SolonDrive, Lahug, 6000 Cebu City

Check-in and Like us on FourSquare and Facebook

36 monthly 36 cebu Sugbo