INSIDE TODAY
WEATHER UPDATE
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At 4 p.m. yesterday, Typhoon “GENER” was estimated based on satellite and surface data at 260 km East of Basco, Batanes (20.3°N, 124.7°E). Maximum sustained winds of 120 kph near center and gustiness of up to 150 kph. It is forecast to move North Northwest at 7 kph. The rest of Visayas will be mostly cloudy with scattered rainshowers and thunderstorms while Mindanao will have partly cloudy to cloudy skies with isolated rainshowers or thunderstorms. Moderate to strong winds blowing from the southwest will prevail over Central and Southern Luzon, Visayas and Mindanao and coming from the northwest to west over the rest of Luzon.
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Human right What people say on violations v NPA rebels mulled Benaldo?
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Court junks charges against tribal leader Cops to appeal decision By PAT SAMONTE, Regional editor-Caraga
BUTUAN City––The Criminal Investigation and Detection Team (CIDT) of Agusan del Norte said it was “not satisfied” with the Office of the City Prosecutor’s dismissal of the Illegal Possession of Firearms and Ammunition case it filed against Pedro Francisco Hernandez, husband of Bae Hawudon Cugnahan Merlyn Coguit, the Supreme Chieftain of the Manobo Tribe in Agusan del Sur. Deputy City Prosecutor Aljay Go here in a resolution recommended the dismissal of the charge “for lack of probable cause.” City Prosecutor Felixberto L. Guiritan approved the resolution.
For more details, contact Tel. No.: 309-5276 HERMILINO VILLALON Manager
1 killed, 9 nabbed as cops raid ‘tiangge’ By BEN D. ARCHE Regional editor
DAVAO City––A suspected drug pusher died after he tried to resist arrest shortly after the police stormed his house in Isla Verde in Barangay 23-C here recently. Davao City Police Office (DCPO), Criminal Investigation and Detection Group (CIDG), and the Philippine RAID/PAGE 11
Caraga cop chief relieved
The case invited attention as it involved the husband of Agusan del Sur’s most powerful Manobo tribe female chieftain. Bae Merlyn Tagleong Coguit is the daughter of the LEADER/PAGE 11 VARIOUS government agencies, and private sectors participated in to the First Prosecutors League of the Philippines (PLP) Open Fun Run held in in Cagayan de Oro City on July 29, 2012. Prosecutor Claro A. Arellano of the Department of Justice, Assistant Secretary Jabedin Asis, and PLP National President and Regional Prosecutor Jaime L. Umpa of Northern Mindanao lead the fun run. Photo by Jho Pantoja
Fibeco eyes energy security for South Bukidnon by 2014 By MIKE BAÑOS
QUEZON, Bukidnon–– The cooperative distributing electricity in Southern Bukidnon estimates it could be exporting power to neighboring communities by 2014. “We are developing short, medium and long term power supplies for our franchise are with a mixed generation of thermal, hydro and bio-mass plants,” said Regin G. Mordeno, Board
President of the First Bukidnon Electric Cooperative, Inc. (FIBECO) during the launching of the King Energy Generation, Inc. (KEGI) 3.2 megawatt (MW) bunker fueled power plant in Bgy. Puntian, Quezon, Bukidnon on Sunday, July 29, 2012. FIBECO serves the franchise areas in the south, namely the City of Valencia and the municipalities of San Fernando, Maramag, Don Carlos, Pangantucan, Kalilangan, Quezon, Dan-
gcagan, Kitaotao, Kibawe, Kadingilan and Damulog. Mr. Mordeno said FIBECO has signed a power supply agreement for another 4MW bunker fueled power plant with KEGI in Bgy. Bagong Taas, Valencia City which is slated for completion by 2013 to supplement its short term needs. Besides KEGI’s 3.2MW plant, FIBECO also draws another 4MW from the ENERGY/PAGE 11
PHILIPPINE National Police (PNP) Chief Director General Nicanor Bartolome on Monday relieved Caraga police director Chief Supt. Reynaldo Rafal in wake of the continuing incidents of illegal logging in his area of jurisdiction. “I am relieving him to give him time to explain and answer (in an investigation) why illegal logging activities remain unabated in his region,” Bartolome said. Bartolome said that he personally informed Rafal of his relief and that no successor has been designated yet. Earlier, the PNP has ordered the immediate relief of Sr. Supt. Rodolfo Dasmarinas, provincial police director of Agusan Del Sur; police chiefs Sr. Insp. Ronnel Bangalisan, of Esperanza town; Sr. Insp. Joel Liong of San Luis; Sr. Insp. Ephraim Detuya of Talacogon; Sr. Insp. Wilson Corpuz of Loreto, all of Agusan del Sur and Insp. Jesse Rey De Gracia, of Las Nieves, Agusan Del Norte. Bartolome also said that the relief of the seven played a role in Rafal’s removal from office. philippine news agency
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Davao Cyber Expo (DCE) 2012 is a system of events themed at celebrating the Tech Savvy Culture of Davao City, now in its 6th Year! Considered as one of Davao’s “pride” for being a truly unique, well organized, and massively attended event, the word about the annual DCE has reached the far corners of the Philippines, and has been the hot topics in numerous online communities. Cutting the ceremonial ribbon from left are Lester Avilla, DCE organizer; Maria Lynette Lopez, mall manager; Dacao City Councilor Pilar Braga; and TJ Elmoro during the DCE 2012 opening at SM Annex on July 27. Photos by Junnex Chua Jr.
P46m consultancy deal puts power coop manager under fire By BEN D. ARCHE Regional editor-Davao
DIGOS City––The present Board of Directors (BoD) of the Davao del Sur Electric Cooperative (Dasureco) has given the general manager of the cooperative at least five days to elucidate some absurd issues involving the P43-million consultancy
contract. Several BoD members blamed Dasureco manager Engr. Godofredo Guya for the alleged ambiguity in the contract entered into between the AV Garcia Power System. Dasureco contracted the power system firm to undertake feasibility study on the planned construction
of the 5-megawatt minihydropower plant in Barangay Goma, this city. Sources revealed that the electric cooperative had already paid some P14 million as first payment of the agreed amount of consultancy. B o D m e mb e r Att y. Glenn F. Solana said in a recent interview that what
of
they wanted to is be enlightened on the process of entering into a contract with the AV Garcia for the sake of the 95 thousand coop member-consumers. On July 24 board meeting, the BoD agreed to give GM Guya an enough time to prepare and submit pertinent documents related to the contract before the next scheduled meeting of the board. GM Guya also vowed to provide the documents asked by the BoD. In a brief interview, GM
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members also accused Guya of selling the coop’s nonperforming assets or the scrap materials without due permission from the National Electrification Administration (NEA). The BoD also blamed Guya of allowing the release of the scrap materials even though the Cebu Virlac Trading, Inc. had only paid P1 million of the agreed P5 million selling amount. But the general manager batted that NEA had permitted it and it passed through proper bidding.
Govt to invest P1.75B in coconut industry in 2013 By RUTCHIE C. AGUHOB of PIA-Misamis Occidental
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Guya explained that the funds for the construction of the hydro plant would come from the Development Bank of the Philippines (DBP) through a project loan. But he immediately denied they had availed the loan. In an earlier statement, Guya bared the plan of AV Garcia firm to take over the proposed P700-million power project and to pay the amount that the cooperative had spent for the project. Few of the present BoD
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OROQUIETA City––President Aquino, during his 3rd State-of-the-Nation Address, said government plans to invest P1.75 billion to further develop the coconut industry in 2013. This, after government efforts to facilitate and promote coco water exports resulted in the 823 percent increase in the volume of coco water exports, from
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1.81 million liters worth $1.84 million in 2010 to 16.75 million liters worth $15.11 million in 2011, he said. It also resulted in the 39.15 percent increase in the quantity of coco coir exports from 4.43 million kilograms(kg) (net) worth $974,586 in 2010 to 6.16 million kg (net) worth $2.01 million in 2011, the President added. Meanwhile in Region 10, coco water exports chalked at 2,495.80 metric tons (MT), during the first quarter of 2012, posting an
NOTICE Notice is hereby given that the estate of the late PATRICIA BELTRAN of Carmen, Cagayan de Oro City consisting of SEVENTY TWO (72) Sq. M., under Lot no. 6584-A3-A, being a portion of the property covered by Transfer Certificate of Title No. T- 44879, under the name of Fe de la Calzada has been the subject of Extra-Judicial Settlement with Deed of Absolute Sale among her heirs and thereafter sold the Same to Loreta U. Cabeguin of Cagayan de Oro City as entered in the Notarial Registry of Notary Public Arturo C. Ubaub of Cagayan de Oro City per Doc No. 225; Page No.1; Book No. 01, Series of 2012. MDN: JULY 31, AUG. 7 & 14, 2012
increase of 88.62 percent compared to 1,323.21 MT, in the same period of 2011. Correspondingly, the commodity was valued at $2.63 million in freighton-board (FOB), meaning the country of destination paid for its transportation, or an increase of 157.95 percent compared to $1.02 million in the first quarter, last year. During the period, coco coir exports in the region was also noted at 77.60 MT with an FOB value of $26,490, Luis G. Cruz, regional manager of the Philippine Coconut Authority (PCA)-10, said. On the other hand, the volume of activated carbon exports increased from 28.12 to 1,013.65 MT or 3,504.73 percent, while its value in FOB also increased from $65,192 to $1.58 million or 2,317.22 percent. The other coco products also increased in volume: coco shell by 140.55 percent; coconut shell charcoal, 113.05 percent; desiccated coconut, 50.20 percent; and reduced fat coconut, 10.88 percent.
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NOTHING BUT THE TRUTH With Oscar Moreno’s plan to run for Mayor in Cagayan de Oro City, Cagayanons would opt to support incumbent City Mayor Vicente Emano. The reason is very simple. Moreno is in the company of people of vested political interests. How could Cagayanons forget when the ‘Save CDO Movement, Bangon Cagayan de Oro, Mata na CDO’, to name a few selfanointed groups try to exploit the emotions of people at a time when the Cagayanons mourn the parting of their loved ones?
Ms. Diana Meneses and Cagayan de Oro City 1st District Rep. Benjo Benaldo are interviewed by the media during their rice giving activity yesterday at barangay Bonbon. Benaldo said it is only natural for him to think of a partner in life as usually goes home at night all alone and works until 3 a.m. The presence of Ms. Meneses confirms reports that the two are dating each other romantically.PHOTO BY GERRY L. GORIT
Benaldo distributes rice to the poor of Bonbon By GERRY L. GORIT Correspondent
CAGAYAN de Oro City 1st District Rep. Benjo Benaldo continued his weekend outreach program for the less fortunate by giving rice yesterday to poor residents of barangay Bonbon. Benaldo said he usually conducts this program during the weekends with no publicity but this time the media was there to cover the activity because of the presence of Ms. Diana Meneses. Ms. Meneses was earlier seen holding hands with the congressman at the third State of the Na-
tion Address of President Noynoy Aquino, which led to speculations that the two are sweethearts. Benaldo said he is inspired seeing Ms. Meneses and that it is only natural for him to look for a partner in life as he has been at night going home all alone and working at night until 3 a.m. “I’m a workaholic,” he said. Benaldo added that the rice giving at Bonbon is a continuing project of his for past three months now during weekends. Benaldo said that under his “I Love CDO” campaign,
he currently has 82 projects in 24 barangays of the city. “I’m doing my job,” he said. “I am also trying to improve my personal life,” he added. Asked about recent media reports about his lifestyle, he said “they can say whatever they want to say.” “This is a democracy,” he said. “I advocate freedom of expression.” Benaldo said the people will decide if he has been doing his job or not as he signified his intent to run definitely for reelection in the 2013 elections. “I’m very ready,” he said.
We, Cagayanons, could not forget when Moreno’s group initiated the failed signature campaign to recall the incumbent Mayor Vicente Emano. Of course, Moreno could not escape the suspicion as the principal mover of the recall movement. We experienced how Moreno’s group pretends to be ‘volunteers’ as they entice us to sign voluminous documents to be Sendong beneficiaries. As Sendong victims in dire need of assistance, we signed the document with honest intentions. We learned later that a petition for recall were surreptitiously included in the voluminous documents. The discovery of the fraudulent signatures almost erupted into a melee when Sendong victims found out that Moreno’s group tried to deceive them into signing the recall movement. The attempt of Moreno’s group to deceive the Cagayanons had insulted the people’s sensitivities to an unforgettable degree. What made the situation worst was the initial introduction of Moreno’s groups as ‘volunteers’ and without political motivation. The truth is the group is the same people who now want accommodation as candidates under Moreno’s ticket. Such display of arrogance and pretense are undeserving characters and are unworthy of Cagayanons’ support. We, the Cagayanons, will definitely campaign against candidates whose political motives are hatred driven. Certainly, Moreno and his group are along the path of political hatred and vilification campaign in their efforts to gain support among Cagayanons. Such dismal attempt to win over people support would lead to Moreno and his group’s definite downfall. MABUHI ANG CAGAYANONS! MABUHI ANG CAGAYAN DE ORO!
Councilor Juan Sia responds to requests for assistance from persons with disabilities. The city recently highlighted the plight of the PWDs with various activities held during the month of July. Sia said the organizations of PWDs in Cagayan de Oro are recognized by the city government.PHOTO BY GERRY L. GORIT
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What people say on Benaldo? YESTERDAY’S article on Benjo Benaldo’s doomed political future drew mixed reactions among people in Cagayan de Oro’s First District. In the first place, I have no intention to frustrate Benaldo and his political party. I wrote the thoughts in my mind that people also shared. I was right. While walking at De Lara Park along Velez St., somebody came forward to find out if I was Cris Diaz. Cris Diaz Every day, I usually walked around De Lara Park mid morning as part of my daily stretching regimen. After all, nobody recognized me. Yesterday was different when a middle-aged woman came forward and asked me if I was the writer Cris Diaz. She had in her hand a copy of Mindanao Daily. Finding no reason to doubt, I told her I am. She said that she read my column every day. A bit flattered, I graciously thanked her for the compliment. She said that she is from Carmen, part of the city’s first congressional district. She then told me about the Benaldo column in yesterday’s issue of Mindanao Daily. She said that my column was true. She even went to tell me about Benaldo’s ‘fling’ with the Brazilian modelactress Diane Menezes. She said that Benaldo should have been discreet knowing that model-actresses are up on digging on moneyed men. I guess it was a general statement not mean on maligning Diane. Of course, I did not entertain that issue. As a man, I have no time talking about womanizing men. Just the same, I went on to listen to her story. She also expressed alarm over reports that, every now and then, Benaldo travel outside the country. ‘Is Benaldo really rich? We know his father as a broadcaster who became college president before getting appointed as local government regional director in Cebu City.’ The woman tried to provide me an idea of Benaldo’s personal background. Again, not interested, I just shrugged my shoulders and bid her goodbye. It was almost 12 noon and my empty stomach started to growl. I took a Lapasan bound jitney since I planned to take my lunch in an eatery in Agora public market. My weakness is hot tinola of yellow fin tuna with hot pepper. The public market always had this delicacy BENALDO/PAGE 11
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Govt losing P200b from smuggling THE BUREAU OF INTERNAL REVENUE (BIR) figures released in June, this year, showed that the projected total revenue loss from smuggling could amount to P200 billion for 2012 alone. This is alarming. Two hundred billion pesos is no joke. The government is losing out on a very large source of taxes and revenue that could otherwise go to infrastructure, social services, and income for farmers and fisherfolk. Smuggling and corruption are worse culprits that bring havoc tour economy. Instead of funding the needs
Editorial of the Filipino population, the perpetrators of smuggling and corruption are getting richer and richer. There is a need to overhaul the processes in importation to prevent opportunities of corruption. The overhauling of importation procedures would curb the smuggling into our country of agricultural and food products, as well as oil, vehicles, and electronics, among others. Reports are laudable that the Senate will begin an investigation on the rampant
and incessant smuggling of foods—especially rice. The Committee on Agriculture and Food acting as the lead investigating committee should be supported by all sectors. The Bureau of Customs (BoC) should be at the forefront of the drive against rampant smuggling of agricultural products by making transparent importation information contained in the Inward Foreign Manifest (IFM) according to a lawmaker. The IFM is a list containing details about the products being imported into the Philippines, such
as the importer’s name, the source country, the shipping vessel, and the date of arrival. Currently, only the Bureau of Customs has access to this information, making it easy for unscrupulous parties within the agency to get involved in smuggling. It is now apparent that there could be some serious flaws in the system. These offer unscrupulous elements several opportunities for corruption. If the procedures are efficient, we should see less opportunities, and therefore less cases, of smuggling and corruption, if none at all.
Hard habit to break THINK a minute. Are you in the habit of putting salt on your food? Maybe you have a habit of thinking you’re not smart and that you’ll never succeed in life. Don’t forget, your habits control your life. What we keep doing every day becomes our life! As the saying goes: “Plant your thought and you’ll reap your action. Plant your action and you’ll reap your habit. Plant your habit and you’ll reap your life.” After awhile, our habits become such a part of us that we don’t even notice when we’re doing anything wrong. So we end up doing wrong things naturally, whether it’s lying, cheating and stealing, gossiping about others, getting drunk, being lazy, or whatever our bad habits are. But
Think A Minute Jhan Tiafau Hurst the great news is that you can break your bad habits and change your life! You see, just like you learned your old bad habits, you can learn new ones—if you really want to. And, if you get the help and power you need. Did you know that to get to the moon it takes more power for that rocket to lift off and break away from the earth’s pull of gravity than all the power it needs to travel to the moon and back to earth—half a million miles! That’s how strong the earth’s pull of
gravity is. You see, our bad habits pull us down like gravity. So breaking and changing those bad habits is not always easy. But Jesus Christ has the power you need so you finally can lift off and start breaking away from those wrong habits. It’s only then you’ll be free to learn new, good habits, such as always being honest, speaking positively about others, enjoying more time getting close to your family members, always doing your best
work on the job, reading the Bible and talking to Jesus every day, and getting involved in a church that teaches the truth from the Bible about Jesus, God the Son. These good habits and many others will enable you to live a happy, successful life. It’s up to you. Remember, if you don’t start to change the wrong habits in your life today, your life will likely never change. So when you die, you’ll still be living the way you are right now. Today, why not ask Jesus to forgive you for your old wrong habits and way of living? Then ask Him to give you His power to start living His right, successful way with your new good habits. You have nothing to lose and everything to gain. Just Think a Minute.
Localized education system THE title of this article may sound odd. However, when discussing the topic on national education system, we must be aware of the need to understand the regions where schools are established. In curriculum, it is commonly known as a local content. This local content means that any materials taught in schools are directed to the local area condition. This can be related to the urgent need for human resources or the characteristics of the nature of the region. For example, when a school is located in a metropolitan city, it is impossible for the school to teach the students or pupils with merely some skills related to agricultural activities. Even though such skills may also be important for them, it will be useless for the students or pupils. Another example is when a school is in a remote village, it is odd when the school does not provide the skills related to agricultural
DR. DJUWARI STIE Perbanas (College of Economics and Business) Surabaya, Indonesia activities for their students. With the two examples above, it does not mean that the schools cannot give the materials dealing with technological skills in remote areas, or the agricultural skills in the metropolitan cities. The point is that the ratio of the whole content in the curriculum should be emphasized on the needs of the regions where the schools are situated. In a special term, the ef-
fort of making the school curriculum relevant to the skills for the students or pupils is called a needs analysis. This needs analysis is the practical implementation of designing a curriculum based on the needs of the learners. This should be done not only by the schools but also together with the local government. In this case, the learners’ future and their environment should get more attention in designing the content of curriculum. When a city or a state or country cannot formulate its education system appropriately, it will create discrepancies. There will be the missing link between the education system and the reality of the country. For example, a country is potentially agricultural condition but there is no systematic plan for supporting the skills to the nation from the beginning. In the long run, this country may not be able to cultivate its potential.
Indonesia, for example, is categorized an agricultural country. But, the education system had not been focused on the agricultural aspects. Most schools and universities had been focusing on the other aspects so that this country, by nature, has not been good at agriculture. This country has imported some crops, even rice and fruits. Yet, geographically Indonesia is much more agricultural. Knowing the fact that the education system had not paid more attention to this nature, recently most of the schools have been introducing the society with the local content. Even though it is late, it can still be more prospective because in the long run, this preparation can be of good and right prospect. So, now there are a lot of vocational schools (SMK) and polytechnics (college) which are specializing SYSTEM/PAGE 11
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‘Botcha’ threatens RP survival LIFE’S INSPIRATIONS: “… Therefore, you kings, be wise; be warned, you rulers of the earths. Serve the Lord with fear and celebrate his rule with trembling…” (Psalm 2:1011, the Holy Bible). -oooCONGRATS, DEAN LEO QUISUMBING: Congratulations to former Supreme Court Associate Justice Leonardo Quisumbing, who is reported to have been named as the new dean of the Graduate School of the International Academy of Management Economics (IAME), an internationally-recognized business school owned and operated by a corporation headed by 1971 Constitutional Convention delegate, lawyer Emmanuel T. Santos. Mabuhay, Dean Leo! -ooo“BOTCHA” THREATENS SURVIVAL OF RP: It is not just the health and
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well-being of our countrymen who eat “botcha” or “double-dead” meat---or meat from pigs and chicken which died due to sickness--that are endangered and compromised. Even the very survival of the country is at stake, if we are to be perceptive about it. Why? Well, first we must realize that there are two main reasons why “botcha” continues to proliferate. First is that, there are simply too many poor Filipinos who still buy “b otcha”, e ven if t he y are aware of the health complications of eating “double-dead” meat. They are poor, and, most of the time, they really have no choice. Rightly or wrongly, they take their chances, and thereby patronize the peddlers of hot meat who neither issue any receipt, nor pay any taxes. The second reason is that, many unscrupulous
but very rich businessmen buy “botcha” and use the contaminated meat as cheap substitute for the good meat that they should be using for their products. With a cheaper cost of production, these slimy traders sell their products at a much cheaper price. Consequently, they also abet tax evasion because, in buying “botcha” meat, no receipts are given to them for their purchases. -oooWHY HAVE PINOYS BECOME SEXUALLY-LIBERAL? There is something that the Department of Health (DOH) is not telling us about the increasing number of Filipinos getting afflicted with the deadly “human immunodeficiency virus” (HIV) and “acquired immunity-deficiency syndrome” (AIDS), after engaging in illicit sex: what is making our countrymen more
sexually liberal, making them more likely candidates for HIV/AIDS? I mean, it is the DOH that comes in contact with HIV/AIDS carriers. It is, therefore, the agency that has the best chance of getting a more in-depth information that would show why Filipinos felt compelled to engage in HIV/AIDS-producing-sex. But then, it would seem DOH is not interested in this. Its only interest, it appears, is to list the HIV/ AIDS victims as part of its statistical data. This is unfortunate. Part of the DOH strategy to fight off HIV/AIDS should be to inform the people of the circumstances which led present victims of the disease to contract the ailment, so all others can be confronted with the real-life situations which gave rise to the disease and which can then be
Kakampi mo ang batas Atty. Batas Mauricio avoided. The DOH must show not only the evils of having HIV/AIDS, which is the end-result, but the circumstances that caused the HIV/AIDS in the first place. -oooHIV/AIDS WARNED ABOUT IN THE BIBLE: This kind of a severe and lingering sickness was wellpredicted to happen many, many years ago, and this prediction is now written as part of the Bible, in its Deuteronomy 28:15 and 58-61. Deuteronomy 28:15 of the Bible says: “However, if you no longer listen to the Lord your God, and no longer obey His commands I am giving you today, all of these curses
will come upon you and overtake you… “If you do not carefully follow all the words of this law, which are written in this book, and do not revere this glorious and awesome name---the Lord your God--- the Lord will send fearful plagues on you and your descendants… and severe and lingering illnesses… The Lord will also bring on you every kind of sickness and disaster not recorded in this Book of the Law, until you are destroyed…” -oooREACTIONS? Please send me at 0917 984 2468, 0918 574 0193 or 0922 833 43 96. Email: batasmauricio@yahoo.com.
Multisectoral coalition on housing targets relocating all Sendong survivors before fiesta By BONG D. FABE
CAGAYAN de Oro City–– Before August 28. A l l p ar t n e rs of t he Multisectoral Coalition on Housing, meeting at the Archbishop’s House Thursday afternoon, agreed to relocate all survivors of Tropical Storm Washi (Sendong) before the feast day of this city’s patron St. Augustine. “That is the least we can do for them so that they will have reason to thank St. Augustine during his feast day on August 28,” said Archbishop Antonio J. Ledesma, convenor and prime-mover of the multisector coalition. DSWD records showed that as of July 23, there are still 8,368 families that need permanent housing u n it s . Howe ve r, 4 , 7 8 7 or 57 p ercent of them are about to be relocated permanently to their new homes constr uc te d by partner agencies and institutions. Ac q u i s i t i o n o f t h e lands needed for the construction of the remaining 43 percent or 3,581 housing units is now being fast-tracked, said NHA Assistant General Manager Froilan R. Kampitan. Kampitan reported that government has already approved the acquisition of lands for the construction of at least 3,564 housing units. He specifically mentioned the properties
of the Gallares and Roa families for construction of 214 and 3,350 housing units, respectively. Second legislative district Rep. Rufus Rodriguez reported that he already allocated P90 million of his Priority Development Assistance Fund (PDAF) to the NHA for this purpose. Rodriguez also said t h at h e h a s a l l o c at e d funds for the purchase and development of the lands of the Carmelites ( 3 h e c t are s ) , Mabu l ay family (5 hectares), and Villaranda family (2.5 hectares) for permanent housing for the “formal sector.” “Formal sector” refers to t hos e S endong displaced but have regular employment and sources of livelihood who formed themselves into organizations to enable themselves to avail of the Community Mortgage Program (CMP) implemented by the Social Housing Finance Corporation’s (SHFC) and Peace and Equity Foundation (PEF). There are now at least 31 community associations composed of Sendong survivors in the city or a total of 7,756 CMP b enef iciar ies, s aid t he SHFC representative. The SHFC has identified the Bermudo property in Indahag, Tan property in Lumbia, and Cabañeros property in Gusa for its
BEFORE FIESTA. National Housing Authority (NHA) assistant GM Froilan R. Kampitan (right) explains that they are now fast tracking the acquisition of lands for the permanent housing needs of the remaining Sendong survivors who still have no permanent shelters during the Multisectoral Coalition on Housing meeting at the Archbishop’s House that was presided by Archbishop Antonio J. Ledesma (left) and Rep. Rufus Rodriguez (center) and attended by partner agencies, institutions and non-government organizations. The city government was invited but, like before, did not attend. Photo by Bong D. Fabe
CMP program. SH F C i s a l l o c at i n g P165,000 for each beneficiar y and it is up to the association to agree on the floor area of each housing unit. Rodriguez also reported that in have already ag re e d to resp e c t ively build school buildings and health centers in each of the eight permanent
resettlement sites in the second district. He als o sp ecif ically asked NHA’s Kampitan to allocate a portion of the permanent sites for churches. “The needs of the IDPs are also spiritual. Building churches near their ne w homes is t he way to build communities,” Ledesma said.
The International Org an i z at i on for Mi g r a tion (IOM), meanwhile, reported that as of July 18, there are still a total of 2,220 families that remain in 27 transitory sites and evacuation centers in the city. Howe ve r, t h e re are no more IDPs living in schools as the last school used as evacuation center
was closed on July 17. During the meeting, Ledesma, Rodriguez and Kampitan asked why there w a s n o re pre s e nt at ive from the city government in the meeting. Others present noted that the City Hall also snubbed the multisectoral and other related meetings called by the ACDO and/or CSOs. (Bong D. Fabe)
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TUESDAY, JULY 31, 2012 www.mindanaodailybalita.com
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF TUBOD, PROVINCE OF LANAO DEL NORTE, HELD ON MARCH 19, 2012, AT THE LEGISLATIVE HALL. Present: Hon. Eduardo C. Mansueto, Vice Mayor, Presiding Officer Hon. Edward O. Pido, SBMember Hon. Nelly M. Pepito, SBMember Hon. Clifford J. Jumalon, SBMember Hon. Jimmy N. Amas, SBMember Hon. Rudy L. Pepito, SBMember Hon. Nicasio C. Lacson, SBMember Hon. Loriano S. Jumarito, SBMember Hon. Felipe A. Perales, SBMember Hon. Leoncio C. Bagol, ABC President Absent: Hon. Peter John G. Yanoc, SK Federated President RESOLUTION NO. 41, S’ 2012 “A RESOLUTION ENACTING MUNICIPAL ORDINANCE NO. 226-12 ADOPTING AND APPROVING THE GENDER AND DEVELOPMENT CODE OF TUBOD THE CAPITAL TOWN OF THE PROVINCE OF LANAO DEL NORTE, AND APPROPRIATING FUNDS FOR THE PURPOSE.” WHEREAS, Section 2 of Republic Act No. 7192 state “The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men. The State shall provide women rights and opportunities equal to that of men; and WHEREAS, the paramount consideration of the Sangguniang Bayan is to develop a gender-responsive community and desires that the adoption of GAD is an effort of giving women a voice and to participate actively in the decision-making and policy-making activities. WHEREFORE, on motion of SBMember Loriano S. Jumarito, duly seconded by SBMember Felipe A. Perales, it was resolved, as it is hereby resolved, to enact – MUNICIPAL ORDINANCE NO. 226 – 12 “ADOPTING AND APPROVING THE GENDER AND DEVELOPMENT CODE OF TUBOD, THE CAPITAL TOWN OF THE PROVINCE OF LANAO DEL NORTE.” Be enacted by the Members of the Sangguniang Bayan of Tubod, Lanao del Norte, in session assembled that: Article I Title, Statement of Policy and Definition of Terms Section 1. Title – This Ordinance shall be known as the “Gender and Development Code of Tubod,” herein referred to as GAD CODE. Section 2. Statement of Policy – It shall be the policy of the Local Government Unit of Tubod, Lanao del Norte to ensure both women and men benefit equally and participate directly in the development programs and projects of its various departments and ensure the full participation and involvement of both men and women in the development process, pursuant to R.A. 7192. This Code is an indelible blueprint – a concrete manifestation of the Municipal Government strong adherence to the time-honored democratic tenet that men and women in a civil society are equal. This significant initiative is aimed at mainstreaming women’s concern, ensure the fundamental equality before the law, open a wide arena for their active participatory role in the development process, for equal rights and opportunities. Moreover, this Code is not only substantially supported by legal basis, national international laws. It is likewise backed up by biblical and moral basis. The book of Genesis says that God created a woman not from the head of a man so as not from the head of a man so as not to prevail upon him, neither from the feet so as not to be subordinated by him, but from one of the ribs so as to be equal with him. To attain the foregoing policy, all Local Government Offices and instrumentalities shall ensure that women and girls benefit equally and participate directly in the development programs and projects of said agency, to ensure the full participation and involvement of women in development process pursuant to R.A. 7192; that all government project proposals shall ascertain the inclusion of gender-responsive indicators and guidelines while not be remiss in locating the root of women oppression, pursuant to the United Nations Declarations and Convention of Women; and all Municipal Government offices, and instrumentalities shall review and revise all their regulations, ordinances and procedures to remove gender bias therein within two years. Section 3. Rights of Women – Every Woman has the right: a. To good and quality education; b. To comprehensive and other forms of financial credit; c. To access loans and other forms of financial credit; d. To join leisure, sports, cultural activities, spiritual/religious freedom of speech, to express one’s views/beliefs for the common good; e. To decide on the number of children and on the number of years between pregnancies; f. To share parenting responsibilities; g. To gain spiritual/religious freedom of speech and to express one’s view/belief for the common good; h. To be paid equally based on the work she does; i. To be free from all forms of slavery and prostitution; j. To vote, run for election and run for public office; k. To represent the country internationally. However, it is unfortunate that a macho image in our society still exists as it continues to view women as the “weaker sex”. Men are traditionally the heads of households and in most organizations. Aside from the ramp modeling and beauty contests, women today do not share the power and prestige, status and societal position as men. Rather, they play supportive roles to men and tend to yield to the ideal that major decisions are male prerogatives. Oftentimes, women are exploited in media commercials, impressing upon the public that without their attractive and pleasing fixtures, products would be less appealing. But in reality women should not be viewed as second class to men but as partners of men in the development of society. In light of these historical gender biases, inequalities and inequities, this piece of local legislation, based on national and international laws, will provide the Local Government of Tubod a policy direction to formulate programs and strategies among others that will: 1. Mainstream gender concerns in sectoral development plans, policies and programs; 2. Intensify awareness campaign on gender and concerns; 3. Strengthen GO-PO-NGO partnership to maximize the effectiveness of programs and service addressing Gender and Development (GAD) concerns; 4. Encourage, support and expand the participation of grass root women in the planning, implementation, monitoring and evaluation of development programs and projects; 5. Recommend appropriate curricula at all academic levels that are gender sensitive; 6. Provide gender-responsive relief and rehabilitation programs with special focus on women and children’s needs; 7. Involve men in family planning programs, health and child care and nutrition concerns and engage them in projects that would enhance the well-being of families; 8. Set-up crisis intervention center and shelter in the Municipality of Tubod for survivors of violence against women and children and other social conflicts; 9. Promote gender sensitivity in local media and advertising agencies; 10. Increase the number of women in decision and policy indigenous women to participate in development programs and gain access to non-traditional sources of livelihood, credit financing, productive skills and labor-saving technologies. Section 4. Definition of Terms – The following terms or phrases used in this code shall means as follows: 1. Violence against women and their children. As used in Republic Act N. 9262, refers to any act or a sense of acts committed by any person against women who is his wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child, whether legitimate or illegitimate, within or without the family abode, which resulted in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats or such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. 2. Work education or Training-related Harassment. As defined in Republic Act No. 7877, is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, having authority, influences on moral ascendancy over another in a work over another in a work or training or education environment, regardless of whether the demand, request or requirement for submission is accepted by the object of said fact. 3. Gender Equality. It is the role required or expected of women and men as prescribed by the society. 4. Gender Mainstreaming. It is strategy of integrating gender and development concerns and issues at all levels of government undertaking. 5. Gender Perspective. It is a way of viewing issues and problems that take into consideration the different realities of women and men’s lives, and recognizing that there is a unequal relationship between the two. 6. Gender Sensitive. It is having an understanding of the marginalized position of women and consciously challenging the attitudes and behavior that reinforce women subordination status. 7. Prostitution. It is the safe, purchase and exchange of women and minor for sexual exploitation, cash profit or other economic consideration by an individual, including but not limited to the pimp, procurer of the service, parents, owner of establishments such as disco, bars, sauna bath, massage clinics, hotels and restaurants and any other person who uses various schemes to prostitute women and minors. 8. Reproductive Health. As defined in the International Conference on Population and Development and World Health Organization and affirmed in the Bejing Conference, reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity, in all matters relating to the reproductive system and its function and process. 9. Trafficking in women. It is a covert or over recruitment of women into sex trade industry. It includes new forms of sexual exploitation such as sex tourism, the illegal recruitment for domestic labor to work in developed countries, and organized marriages between women from third world countries and foreign nationals, promoting or initiating a system in which women become movable properties and object of exchange. Article II Gender Development Programs Section 5. Gender Sensitivity Orientation and Training – all schools, offices, establishment or companies, departments and agencies within the Municipality of Tubod shall be provided with gendersensitivity orientation and training to equip them with theoretical and practical knowledge and practical knowledge on gender issues and concerns. Likewise, all establishment, school, colleges, and universities shall develop assessment tools for gender-related researches/studies. Section 6. Support to Gender Studies. A sufficient amount shall be allotted to gender-related documentation and researches which shall form part of the municipality’s data base program. Section 7. Popularization to Gender-Fair Materials. There shall be an active promotion and publication of gender-fair materials in popular forms in the Municipality of Tubod, Lanao del Norte. Section 8. Community-based Environmental Plans and Program. Both men and women shall participate in pollution control, zero-waste technology development and indigenous reservation with due respect for the indigenous people and rights to self determination. The Local Government Unit shall engage itself in the development of gender-sensitive natural resource base management programs. Section 9. Role of Women in Environment Impact Assessment Projects. The Local Government shall actively promote the active role of women in environmental impact assessment projects. All government and private offices, facilities, and physical plans must have gender-responsive certificate from MGAD Council. Section 10. Promotion of Alternative Technology. The Local Government shall actively promote an alternative technology that is appropriate and safe for everybody’s well- being. Section 11. Sufficient Budget for Basic Social Services. An amount necessary to support the basic social services for all extremely difficult circumstances shall be allocated from any available funds. Section 12. Investments and Loans. The Local Government through the Gender and Development Council, shall conduct consultative assemblies to all POs, GOs, and NGOs in establishing contracts for loans and investments to clarify implications on people’s welfare and development at the barangay level. Section 13. Overseas Filipino Workers’ (OFW) Support. The Local Government shall conduct a survey of overseas contact workers, especially those who became survivors of abuses, results of which shall serve as basis in identifying special support to all OCWs, and take the list of legitimate placement agencies for monitoring purposes. Special Course on OFWs – In coordination with the Department of Labor and Employment special course on overseas contract work primarily to orient all on the issues and concerns relative to migration shall be systematically introduced to all especially at the municipal level.
Section 14. Education on National Policies. Men and Women shall undertake education on national policies and their implications on women and family. Section 15. Special Training for Lupong Tagapamayapa. A special paralegal training for Lupong Tagapamayapa shall be conducted along with gender questions and related matters. Section 16. Training on Non-Traditional Occupation. Women shall be given opportunity to acquire training on non-traditional occupation such as those related to science and technology.
protected: 1) Speedy trial of their cases shall be ensured by all concerned; 2) An appropriate program shall be designed to respond to their specific needs and problems as detainees; 3) Separate structure and space for detention and rehabilitation shall be established, especially for women. No child shall be in detention as provided by P.D.603.
ARTICLE III Support Services Section 17. Support to Women who are survivors of men’s violence victims. The Local Government of Tubod shall provide necessary support to women survivors of violence. Section 18. Municipal Media Monitoring Board. There shall be created Municipal Media Monitoring Board for print, broadcast, and multi-media, to include movie houses, video shops, electronic communication, cable television, books and other forms of audio-visual channels or instruments, to monitor and initiate filing of appropriate cases against activities degrading men, women, and their children. Section 19. Women’s and Children’s Desks (WCDs). The Local Government of Tubod of Tubod through the Municipal Police Officer shall establish and maintain the WCDs, preferably handled by Women Police Officers duly trained by GAD Personnel. Section 20. Programs for Survivors of Violence. Women and children who are survivors of all forms of violence shall be registered in the psycho-social intervention programs which shall be carried out by the Municipal and Development Office which was created by this Ordinance. Section 21. The family disputes and violence committee. All barangays in the municipality shall create the Family Disputes and Violence Committee. Section 22. Women/Men and Children Welfare. The Women/Men and Children Welfare program is hereby established under the Office of the Municipal Social Welfare and Development to cater to problems and concern of depressed families especially those affected by natural and man made calamities. Section 23. WCPU Center and Crises Intervention Center. The Women Center shall be managed and supervised by the Municipal Health Office and the Office of the Social Welfare and Development. Section 24. The Municipal Gender and Development Council. The Municipal Gender and Development Council was organized in the municipality of Tubod as per Municipal Ordinance No. 226-12, defining its functions and duties, and shall serve as the coordinating and advisory body of the Municipal Government in designing programs geared towards gender and youth development, promotion and protection of human rights and ecological balance, shall be formally and regularly consulted on peace and development issues on the basis of social equity and justice. Section 25. Gender and Development Officer. A Gender and Development Officer shall be appointed to initiate gender and development programs in the offices, establishments, companies, departments or agencies of the Local Government of Tubod in close coordination with the Offices of Integrated Gender and Development and Human Resources Development. Article IV Political and Public Sphere of Women and Children Section 26. Declaration of March as Women’s Month. As declared by the United Nations, March shall be observed as Women’s month through an issuance of an Executive Order by the Municipal Mayor. There shall be activities for women to increase their level of awareness and critical consciousness on the issues affecting them. Section 27. Women’s Summit. A women’s summit shall be held at least once every year which shall be convened and managed by the Gender and Development Council. Section 28. International Day of Action for Women’s Health. The Local Government Unit of Tubod shall cause the celebration of the International Day of Action for Women’s Health every year where issues and concerns relative to the protection and promotion of women’s health shall be examined, deliberated, projection and government action sought. Section 29. Barangay Level of Self Organization of Women. Self-Organization of Women shall be recognized at the Barangay Level to include organization of young women. Section 30. Creation of Barangay Council for Women. A Council for Women shall be organized at every barangay from among the women organizations existing in the barangay. Section 31. Representation of Women in Local Special Bodies. The Local Government Unit of Tubod shall ensure that women are duly represented in the Municipal Development Council and all local special bodies in the municipality and barangay levels to strengthen government recognition of women’s potentials in the formulation and planning of local development programs. Section 32. National Children’s Month. The Local Government Unit of Tubod, Lanao del Norte shall observe the month of October as National Children’s Month and undertake projects in the observance therefore. Section 33. Integrated Development Program for Women. The Local Government Unit of Tubod, Lanao del Norte, through the Gender and Development Council and the concerned sectors, shall develop a program that will facilitate empowerment of women. Active support for the preservation of women’s knowledge of the environment shall be incorporated in the program. Article V Labor and Employment Section 34. Equal Access to Employment, Training and Promotion. No one shall be denied of employment opportunity on account of gender, age, ethnicity, creed, religion, and civil status as prescribed in the Labor Code, as amended by R.A. 6725. Likewise, no one shall be denied of training and promotion in employment. Section 35. Wage and Benefits. Every employer shall comply with the minimum wage as prescribed by the Regional Wage Board or as may be provided by existing laws and grant all benefits to all employees such as maternity/paternity leave, sick and vacation leave, retirement, termination and other benefits provided by law. Section 36. Facilities and Support Systems for all Employees. The Local Government Unit of Tubod, Lanao del Norte shall ensure the safety and health of employees. In appropriate cases, employers may: a) Establish separate and functional toilet rooms, lavatories and lounge for men and women; b) Establish Homecare Center in the work place to temporarily cater breastfeeding, child rearing and early childhood care for working parents while on their respective jobs. Section 37. Orientation/Training on Gender Sensitivity and Family Violence. All local offices, schools, agencies and establishments or companies, government and private, in Tubod, Lanao del Norte shall conduct or sponsor orientation/training on Gender Sensitivity and Domestic Violence to their respective personnel. Report training compliance shall be submitted to the Municipal Gender and Development office. Section 38. Setting-up of Grievance Machinery. A grievance committee shall be set up in all local offices, agencies, establishments or companies to act on related complaints related to violence against a person. For this purpose, a grievance procedure must be installed in every agency, office or establishment. Section 39. Gender-Sensitive Physical Plan. A physical plan appropriate for a gender-sensitive environment shall be adopted by all offices, agencies and establishments or companies which shall help prevent sexual harassment, sexual abuse and other forms of maltreatment in the workplace. Section 40. Monitoring System for Labor Standards. A mechanism shall be installed in the Municipal Gender and Development office to monitor all offices, agencies and establishments or companies violating the Labor Code, the provision of this Code and existing laws. Section 41. Employment Assistance Program. The Municipal Government of Tubod, Lanao del Norte, in cooperation with the Department of Labor and Employment shall endeavor to assist poor students, the unemployed and the underemployed in securing gainful employment. Article VI Health rights Section 42. Budget for Women’s Health. An appropriate amount shall be set aside in the budget of the Municipal Government of Tubod for women’s health and nutrition services. Section 43. Upgrading of Health Care Delivery. Quality health care services that are not discriminatory on account of their gender, sex, creed, religion and ethnicity shall be implemented. Section 44. Reproductive Health Care Delivery. The Local Government Unit of Tubod shall adopt the Reproductive Health (RH) care approach al all levels of health care delivery. Such approach integrates many issues not previously considered central to population; sexuality, reproductive tract infection, gender power relations and domestic violence and shall not be limited to family planning and child bearing. Section 45. Women’s Right Over Their Bodies. Women’s decision to prevent and control pregnancy without necessarily resulting to abortion shall strengthen the Primary Health Care Delivery system in the context of reproductive health. Section 46. Access to Safe Water. All barangays in the municipality of Tubod shall provide easy access to safe water supply. Appropriate water system shall be installed, if possible right at their tap, to ease women’s workload as well as minimize women and children fetching water for household use. Article VII Education Rights Section 47. Non-Formal Education. In cooperation with the DepEd Non-Formal Education classes for all shall be held in identified schools in the province to facilitate a working persons’ access to education. Section 48. Promotion of Gender-Sensitive Curricula. The schools and other concerned agencies within the municipality of Tubod shall promote gender sensitive counseling and career education programs to encourage anyone to purchase academic and technical courses to widen their career opportunities. Section 49. Adult Education. Anyone desiring to engage in functional and practical education shall be enlisted in adult education program, which shall be set up in all barangays in the municipality. Section 50. Monitoring and Reporting of Stereotyped portrayal of roles of women and men in educational materials. The Municipal Gender and Development office shall coordinate closely with the DepEd Division Office, colleges and universities and other network of schools in monitoring and reporting of stereotyped portrayal of roles of women and men as projected in educational materials. Section 51. Study Now - Pay Later Plan (SNPL) Plan. The Local Government shall institutionalize its scholarship program, through the SNPL Plan, for the poor but deserving students. Section 52. Sex Education. Sex education for the pre-puberty ages shall be introduced in the right place and by the right people. Understanding human sexuality is an intimate and personal matter not only of parents but also of concerned institutions that have the competence to carry out such obligation of molding their children in the context of godly Life and Love. Article VIII Socio-Economic Benefit for Women Section 53. Capital Assistance for Women. All local agencies engaged in socio-economic programs shall increase their capital assistance and/or subsidy to women projects geared towards economic sufficiency. Section 54. Socialized Lending Scheme. All banks, financial/lending institutions and cooperatives should open special windows for lending to women who has access to traditional sources of collateral. No women shall be deprived of credit. Lending institutions should establish a socialized lending scheme friendly to women, which shall constitute the following: a) low bank interest b) no post-dated check c) certificate of income generating activities from the Municipal Mayor d) no need of spouse consent Article IX Special Group of Citizen Section 55. Person with Disability (Disabled Person) a) Creative Employment Opportunities – The Local Government shall develop creative employment opportunities for person with disability recognizing their different conditions and full potentials as human beings. b) Special Education – The Local Government shall support the special education setting aside a special budget for this program prioritizing indigent person with disability. c) Reporting of Cases of Harassment Committed against Person with Disability; the Local Government through the Gender and Development Office shall monitor and report cases of harassment committed versus disabled person. Section 56. Older Persons – a) Committee on Older Persons – the municipality shall support the council for older person setting aside yearly budget for their programs/activities in order to advance the interests of this special group of persons. b) Support Funds for Older Persons – funds shall be allocated for livelihood assistance; routing physical check-up, social group work program and other appropriate socio-economic activities for senior citizens. c) Day Center for Senior Citizens – there shall be a Municipal Center for abandoned, neglected older persons to take care and render comprehensive support services. Section 57. Person in Detention – Support to Person in Detention; rights of all detainees shall be
Section 58. Homosexual Group of Persons a) Active advocacy on the rights of Homosexual Persons: Rights of all homosexual persons shall be actively advocated by all agencies concerned in coordination with the Tubod Gender and Development Council. b) Employment Opportunities for Homosexual Persons: the Local Government Unit of Tubod shall develop equal opportunities for homosexual persons, recognizing their full potentials as human being Section 59. Solo Parents a) Support to Solo Parents – all solo parents regardless of status shall have equal access to support services which include livelihood, provision of seed capital, job placement, value orientation, basic business skills, trainings, educational benefits for them and their children and medical assistance. b) Appropriations: to address the needs of Solo Parents, a yearly budget shall be set aside by the municipality under the GAD annual budget of the municipality. Article X Children Support System Section 60. Daycare Centers – The Local Government Unit of Tubod shall ensure that Day Care Centers are set up in every barangay. Section 61. Parental Authority – the father and mother shall jointly exercise parental authority over their common children. Article XI Anti-Trafficking in Persons Section 62. Trafficking in Persons – it refers to the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the victim’s consent or knowledge, within or across national boarders by means of threat or use of force, or other forms of coercion, abduction; fraud, deception, abuse of power or position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation, prostitution of other forms of sexual exploitation, forced labor services, slavery, servitude or the removal or sale of organs, as defined in R.A. 9208 Section 63. Acts of Trafficking in Persons – Any person, natural or juridical, who commits any of the following acts shall suffer the penalty: a. To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeships, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; b. To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; c. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; d. To undertake or organize tours and travel plans of tourism, packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; e. To maintain or hire a person to engage in prostitution or pornography; f. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; g. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Article XII Rape as a Crime Against Person (Republic Act No. 8353 – an Act explaining the detention of the crime of rape, reclassifying the same as a crime against persons, amending for the purpose of Republic Act No. 3815, also known as the Revised Penal Code, and for other purposes) Section 64. When and How Rape is Committed – According to the Revised Penal Code, Article 26, a Rape is committed: 1.
By a man who shall have carnal knowledge of a woman under any other the following circumstances: a) When the offended party is deprived from reason or is otherwise unconscious; b) By means of fraudulent machination or grave abuse of authority; c) When the offended party is under twelve(12) years of age or is demented, even though done of the circumstances mentioned above is present. 2. By any persons who, under any of the circumstances mentioned above, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. Section 65. Penalty for the Crime of Rape – Republic Act No. 7659 provides that the crime of rape shall be punished by reclusion perpetua. However, the penalty of death shall be imposed if the crime of rape is committed with any of the following attendant circumstances: (As provided for by the Revised Penal Code of the Philippines as amended) NOTE: However, death penalty was abolished in 1987 Philippine Constitution) 1. When by any reason or on the occasion of the rape, the victim has become Insane; 2. When by reason or on the occasion of the rape, a homicide is committed; 3. When the victim is under eighteen(18) years of age and the offender is a parent ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; 4. When the victim is under the custody of the police or military authorities; 5. When the rape is committed in full view of the husband, patent, any of the children or other relatives within the third degree of consanguinity; 6. When the victim is a religious or a child below seven(7) years old; 7. When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease; 8. When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any of the law enforcement agency; 9. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation. Section 66. Rape in Intimate Relations. – Intimate or marital relation shall not be a legal impediment to any complaint against acts or rape as provided in Section 64 of this article. Further, marital relationship shall not be legal impediment to the prosecution of rape where: 1. Spouses are legally separated; or 2. There is separation in fact for at least six months. Section 67. Pardon and/or Marriage of the Offended Party. – The marriage of he offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provision of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the crime of rape. In accordance of the Revised Penal Code, Article 266-C. The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action of the penalty imposed. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty, provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void. Section 68. Who May File Complaint. Complaint for rape may be filed by any of the following persons: a. the offended party; b. his/her parents or legal guardians; c. his/her grandparents or collateral relatives; d. the officer or social worker of the DSWD, or of duly-licensed child-caring institution, orphanage, home for the aged, mental hospital or other similar institution whose care or custody the offended party is committed; and e. a concerned, responsible resident of the barangay where the crime was committed, but only if any of the persons mentioned have expressly given their consent. Section 69. Support From Law Enforcer – The law enforcer, preferably of the same sex (women’s desk) or his/her authorized alternate as the offended party, upon receipt of a complaint for rape shall: a. Immediately conduct an investigation within 24 hours; b. Arrange for counseling and medical services for the offended party; c. Gather evidence for the arrest and prosecution of the offender; and d. Make a report of his/her investigation and, on the basis of the offended party’s testimony and additional evidence, if any, endorse the same to the proper prosecution office within 36 hours from the time of filing, regardless of his/her evaluation of the case. Section 70. Investigation/Examination of rape survivors. It shall be the duty of the investigating office or the examining physician of the same sex, to ensure that only persons expressly authorized by the examining physician and/or of the rape survivor are allowed inside the room where investigation or medical or physical examination is being conducted. Local Government Unit/Police Director must provide a private room for investigation of such cases. Section 71. Suspension of Government Official or Employee. The following steps shall be undertaken against government official or employee charged of rape: a) The immediate preventive suspension for a period of sixty (60) days may be imposed upon any official or employee charged of rape, provided that a verified complaint had been filed therefore; and b) It is the duty of the superior officer of respondent public official or employee to facilitate the free, speedy, and objective investigation of the complaint, and to ensure the protection of the complainant. Any official having authority, influence or moral ascendancy over another person charged of rape shall be fined Php2,500.00 for non-compliance. Article XIII Sexual Harassment Section 72. Special Court Proceedings. Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designed as Juvenile and Domestic Relations Court. Any provision of the existing law to the contrary, notwithstanding and with the exception of habeas corpus, election cases involving detention of prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violation of this Act. Section 73. Beauty Contest. One which would indecently expose a woman’s body that is offensive to morals and good taste in viewed as violence against women. Thus, holding of beauty contest must be strictly regulated. For this purpose, a Beauty Pageant Regulatory Board is hereby created under the Municipal Gender and Development Office (MGADO) which shall be composed of MGADO as the Chairperson, the SB Committee on Women and Family Relation, Representative from the Religious Sector, MSWDO and Representative from the Municipal Information Office. Section 74. Sexual Harassment. Sexual Harassment shall be unlawful in the employment, education or training environment as prescribed in RA 7877, otherwise known as the Anti-Sexual Harassment Act of 1995 and other complaints shall be filed with the provision of this code. Section 75. Other Forms of Sexual Harassment. Other than the definition provided by RA 7877, otherwise known as the Anti-Sexual Harassment Act of 1995, the following constitute sexual harassment: a. Persistent telling of offensive jokes such as green jokes or other analogous statements to someone who finds them offensive or humiliating;
ORDINANCE/P7
TUESDAY, JULY 31, 2012 www.mindanaodailybalita.com
Ordinance... from P6 b. c. d.
Taunting a person with constant talk about sexual innuendoes; Displaying offensive or lewd pictures and publication in the workplace; Interrogating someone about their sexual activities or private life, except on medical or physical examination purposes; e. Making offensive hand or body gestures at someone; f. Repeatedly asking for dates despite verbal rejection; g. Staring or leering maliciously; h. Touching, pinching or brushing up against someone’s body unnecessarily or deliberately; i. Kissing or embracing someone against his/her will; j. Requesting sexual favors in exchange for good grade, obtaining a good job, promotion; k. Cursing, whishing or calling a woman in public with words having dirty connotation or implications which ridicule, humiliate or embarrass the woman such as “puta”, “buring”, “peste”, “igat”, puñeta”, etc. l. Any other unnecessary acts during physical examinations; m. Requiring women to wear suggestive or provocative attire during interviews such on job hiring. Section 76. Husband and Wife Battering – Husband and wife battering shall be punishable by law. Other forms of battering as defined in this Code shall be covered by penalty. Section 77. Person in Armed Conflict Situation – 1. No person shall be deprived of basic social services in armed conflict areas. 2. No one shall be kept by any peace and order personnel in military detachment/police checkpoint or any analogous quarter for purposes of company. Violators shall be prosecuted in accordance with the Revised Penal Code. Section 78. Conscious Surveillance of Entertainment Establishments – The Municipal Gender and Development Council in coordination with Barangay Gender and Development Council shall conduct conscious surveillance of entertainment establishments existing in the municipality that may be exploiting young men and women. Section 79. Pedophilia – Pedophilia as a form of sexual perversion where children are the Victims shall be punishable as follows: a. When the offender shall have sexual intercourse with a boy or girl, he/she shall be sentenced to the penalty for Acts of Rape under Sections 76 and 77 of Article 11, Chapter 11 of this Code; b. When the offender shall have anal intercourse with a boy or girl, he/she shall be sentenced to six months imprisonment or in accordance with existing law or at the discretion of the court; c. When the offender commits other pedophilic act, he/she shall be punished by imprisonment of 3 months or in accordance with existing laws or the discretion of the court, provided that the said penalty shall be imposed in its maximum period if the offended party is a girl. Section 80. Additional Penalties for Pedophiles are as follows: a. Payment of moral damages to the offended girl or boy or her/his parents; b. If the offender is an alien, deportation after serving his sentence and paying his civil liabilities; he shall be barred from re-entering the Philippines. Section 81. Complaints of Pedophilia – Complaints against pedophilic acts shall also be filed by the same person as enumerated under Section 68, Article 11 and Chapter 11 of this Code. Article XIV Labor and Employment Section 82. Reproductive Health Services – Establishments within the Municipality of Tubod as labor intensive establishments shall provide access to reproductive health service to worker regardless of sex and civil status as manifestation of concern for women’s role in social production. Section 83. Orientation of Domestic Violence – All local offices, agencies establishments or companies, government and private in the municipality shall conduct orientation on domestic violence. Section 84. Gender-Sensitive Physical Plan – A physical plan appropriate for a gender-sensitive environment shall adopted by all office, agencies and establishments or companies which shall help prevent sexual harassment, abuse and other forms of maltreatment in the work place. Article XV Women in the Entertainment Industry Section 85. Workers in the Entertainment Industry – Workers in the entertainment Industry shall be recognized as wage earners and they shall receive minimum wage and benefits to workers and shall render only in the place of work as specified in the business permit of the establishment concerned. Violation of this provision shall be subjected to a fine of P2,500.00 or cancellation of business permit, both at the discretion of the court. Section 86. Support Services for Women in the Entertainment Industry – The Local Government Unit shall provide socio-economic support services for women in the entertainment industry in its desire to concretely respond to their practical needs. Section 87. Medical Routine Industry – Women in the entertainment industry shall be afforded by their representative employers with medical routine check-up and medicines if needed. The local government unit programs addressing the health need of such workers. Section 88. Conscious Surveillance of Entertainment Establishments – A regular Task Force shall be created to conduct a conscious surveillance of entertainment establishment exploiting men and women. Police brutality shall not be allowed during conduct of surveillance. Violation of this provision shall be subjected to administrative sanction. Article XVI Right to Health Section 89. Reproductive Health Service for All – All hospitals/Clinics in the municipality of Tubod shall offer equitable and affordable reproductive health service for all regardless of sex and social status. In case of non compliance of this provision, the hospital/clinic operator, President or the Chief of the Hospital concerned shall be penalized by a fine of P2,500.00. Article XVII Socio-Economic Benefits for Women Section 90. Banks, Financial Institutions and Cooperatives Support System – All banks, financial institutions and cooperatives are encouraged to open special windows for lending to women including young women who lack access to traditional sources of collateral. This process ensures and protects the economic right of women. Section 91. Increase Capital Assistance for Women – All local government departments and agencies engaged in socio-economic programs shall increase their capital assistance and/or subsidy to women especially on land based projects using community bank approach. Article XVIII Special Group of Persons Section 92. Municipal Level Sanction of Cases of Harassment Committed Against Differently-abled/ special group of persons such as: Persons with Disability, Older Persons, Persons in Detention, Homosexual Group of Persons and Solo Parents – the municipality shall formulate a sanction on cases of harassment against differently-abled/special group of persons. Failure to comply with this provision shall subject the offenders to an administrative sanction. Section 93. Respect for Gender Preference – A person’s right to sex preference shall be respected and protected. Article XIX Women and Children Section 94. Support to Women and Children – All agreements or settlements arriving at the barangay level relative to the support of the children shall be final and executory. Violation of such agreements or settlements shall be subjected to a fine of P1,000.00. Section 95. Promotion of Environment-Friendly Technologies – No government agency shall act agents of chemical agriculture. Chemicals allowed to be used are those duly authorized by the Herbicide and Pesticide Authority. An Administrative sanction shall be imposed to Heal Agencies found violating this provision. Article XX Gender and Development Orientation Training Section 96. Gender Sensitivity Orientation and Training – All schools, offices, establishments or companies, departments and agencies including barangay officials in the Municipality of Tubod shall initiate gender sensitivity orientation and training which shall equip them with theoretical and practical knowledge on gender issues and concerns. Likewise, all establishments, school colleges and universities shall develop assessment tools for gender biases. Non-compliance of this provision shall require the concerned party to pay a fine of P2,500.00 and issuance of warning by the Municipal Mayor, through the Municipal Gender and Development Council Office. Article XXI Creation of the Gender and Development Council Section 97. Composition of the Municipal Gender and Development Council (MGADC) – The Municipal GADC shall be composed of the following: Chairman : Municipal Mayor Co-Chairman : SB Committee Chairman on Women & Family Members : 1. Municipal Population Officer or permanent representative 2. MSWD Head or permanent representative 3. MPDC or permanent representative 4. MHO or permanent representative 5. MBO or permanent representative 6. MLGOO or permanent representative 7. ABC President or representative 8. 2 Women Representative from accredited NGO 9. Sectoral Representatives: a) From Education Sector (Public and Private) b) From Business Sector c) From Labor Sector Section 98. Duties and Responsibilities of Municipal Gender and Development Council – Develop the Municipal Gender and Development Plan that shall ensure the long term management of GAD, as well as integrate the various plan and strategies of the Barangay with various sectors of the community: 1. Operate and maintain the Municipal Gender and Development Office; 2. Adopt measures to promote and ensure the viability and effective implementation of GAD programs in its component Barangay; 3. Monitor the implementation of the plan in cooperation of the private sectors, women NGO’s and PO’s 4. Convene regular monthly meetings for purposes of planning and coordinating the implementation of the plans of respective component barangays; 5. Develop the specific mechanics and guidelines for the implementation of the Municipal GAD Plan; 6. Coordinate the efforts of its component Barangay in the implementation of the Municipal issues; 7. Recommend measure to the Sangguniang Bayan on all matters related to Gender Issues; 8. Accept grants and donations for a range of Gender and Development endeavors; and 9. Perform such other duties and functions as may be prescribed by law or ordinance. Article XXII The Gender and Development Office Section 99. Creation of the Municipal Gender and Development Office – The Municipal Gender and Development Officer of Tubod, Lanao del Norte is hereby created specifically to realize the provisions of this ordinance. It shall be the coordinating, regulatory, monitoring and secretariat office of the Municipal Gender and Development Council which shall focus on gender-sensitive projects and activities. Section 100. Personnel. The Municipal Gender and Development Office shall be headed by the Chairman of the Municipal Gender and Development Council who shall be assisted by three (3) division chiefs who are elected from among the members of Municipal Gender and Development Council. One (1) for Administrative Division’ one (1) for Gender and Development Monitoring and Coordinating Division, and one (1) for Training and Services Development Program Division, who shall without additional compensation. The Municipal Mayor may assign personnel of Municipal Gender and Development office or may upon his/her
recommendation, the Sangguniang Bayan shall create position that will assist the three (3) Division Chiefs in the implementation of this code subject to the minimum standard prescribed by the Civil Service Commission as well as the appropriate titles and salary grades prescribed by the Department of Budget and Management. Section 101. Function of the Municipal Gender and Development Office. This Office shall have the following functions to ensure consistency in the implementation of the provision of this Code: A. Monitoring and Coordinative Functions. This function shall assure the realistic, measurable and tangible results in the implementation of this Code. These include, but not limited to: 1. Gender Sensitive Watch. A system of services and facilities in order to monitor status of men, children and women in the municipality wherein all departments and agencies therein shall develop practical methodologies for incorporating gender perspectives into all aspects of economy and policy making. It shall collect gender and age disaggregated data on poverty situation and all aspects of economic activity and develop qualitative and quantitative statistical indicators to facilitate the assessment of economic performance from gender fair perspective. It shall also serve as the data bank of the Municipal Government on gender and development. 2. Legal Aid Services Check. A coordinated services for any legal actions needed in protecting men, women, children and special group of person’s rights shall be installed. 3. Advocacy and Campaign Management. A coordinated advocacy and Campaign on all forms of discrimination and violence against any person shall be programmed. 4. Sustainable and Gender Sensitive Project Development. A system of appraisals of projects to determine sustainable impact on women and men. Local economy, politics, culture and ecosystem. 5. Violence in Media Check. An active dialogue with tri-media representative shall be undertaken by the office in coordination with the Sangguniang Bayan Committee on Gender, Equality, Family affairs and Social Welfare and Women GOs and NGOs on incidence of all forms of violence in media. B. Regulatory Function. This function shall include establishing protocols and standards relevant to the following concern: 1. Education and Training Benchmark. Gender-sensitivity education and training for all departments and agencies of the municipal government of Tubod shall be designed standards for contents of the courses shall be established by the office. 2. Psycho-Social Support Program. A holistic and indigenous approach to men and women with social dis-functioning which include attendance to their physical/biological, emotional, psychological and social needs shall be set up. Indicators of program success shall be established by the Office. 3. Early Childhood Care and Development Program and Services. Appropriate support services for children shall includes crèche and day care services for infants and toddlers as prescribed in RA6972. Indicators of equality of services shall be established by the Office. 4. It shall be involved in all the processes related to the conceptualization, development, assessment and evaluation of population and gender development and advocacy program of the Municipal Government. 5. Coordinate and monitor compliance of private and government establishments pertaining to R.A. 7877. C. Such other duties and functions as may be prescribed and adopted by the Municipal Gender and Development Council. Section 102. Compliance Report – Within six (6) months from the effectivity of this code every six (6) months thereafter, the Municipal Gender and Development Council through its secretariat and monitoring office shall submit a report to all concerned, copy furnished the Sangguniang Bayan, of their compliance with this Code. Article XXIII Transitory Provisions Section 103. Funding – An amount as may be necessary to implement the provisions of this Code is hereby appropriate from any available source in the General Fund in the municipality. Thereafter, the Municipal Government shall set aside an amunt as may be necessary to fund GAD project and activities of the municipal government in pursuant of this Code, subject to existing pertinent laws, rules and issuance on the matter. Section 104. Rules and Regulations – The Municipal Mayor, through the assistance of the Municipal Gender and Development Council, shall formulate the implementing Rule and Guidelines necessary to carry out the provisions of this Code. Article XXIV Final Provisions Section 105. Repealing Clause – Ordinances rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed and/or modified accordingly. Section 106. Separability Clause – If, for any reason or reasons, any part or provisions of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. Section 107. Effectivity – This ordinance shall take effect upon its approval and publication in a local newspaper. WE HEREBY CERTIFY to the correctness of the foregoing ordinance, which was duly enacted by the Sangguniang Bayan during its regular session, held at the Legislative Hall, Sangguniang Bayan Office, Tubod, Lanao del Norte. (SGD.) EDUARDO C. MANSUETO Municipal Vice Mayor (SGD.) EDWARD O. PIDO SBMember
(SGD.) NELLY M. PEPITO SBMember
(SGD.) CLIFFORD J. JUMALON SBMember
(SGD.) JIMMY N. AMAS SBMember
(SGD.) RUDY L. PEPITO SBMember
(SGD.) NICASIO C. LACSON SBMember
(SGD.) LORIANO S. JUMARITO SBMember
(SGD.) FELIPE A. PERALES SBMember
(SGD.) LEONCIO C. BAGOL ABC President
(SGD.) PETER JOHN G. YANOC SK Federated President ATTESTED: (SGD.) PERLA D. SANTOS Secretary to the Sangguniang Bayan
APPROVED: (SGD.) NELIETA QUIBRANZA-NOVAL Municipal Mayor
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF TUBOD, PROVINCE OF LANAO DEL NORTE, HELD ON MARCH 19, 2012, AT THE LEGISLATIVE HALL. Present: Hon. Eduardo C. Mansueto, Vice Mayor, Presiding Officer Hon. Edward O. Pido, SBMember Hon. Nelly M. Pepito, SBMember Hon. Clifford J. Jumalon, SBMember Hon. Jimmy N. Amas, SBMember Hon. Rudy L. Pepito, SBMember Hon. Nicasio C. Lacson, SBMember Hon. Loriano S. Jumarito, SBMember Hon. Felipe A. Perales, SBMember Hon. Leoncio C. Bagol, ABC President Absent: Hon. Peter John G. Yanoc, SK Federated President RESOLUTION NO. 44, s’ 2012 “AN ORDINANCE ADOPTING AND APPROVING THE TUBOD ANIMAL CODE AND ESTABLISHING A MUNICIPAL POUND, AND APPROPRIATING FUNDS THEREFORE.” WHEREAS, in order to strengthen its drive against stray animals and to reduce the incidence of rabies in the Municipality of Tubod, the Capital Town of the Province of Lanao del Norte, the Sangguniang Bayan during its regular session to establish a Municipal Pound in the municipality of Tubod, Lanao del Norte and appropriating funds thereof; WHEREAS, pursuant to the mandated tasked to enforce laws and regulations for the prevention of the cruelty to animals and take necessary measures to eradicate, prevent or cure all forms of animal diseases, the August Body adopted Tubod Animal Code for implementation; WHEREAS, in order to protect the welfare of the people of the municipality of Tubod, Lanao del Norte, the Sangguniang Bayan had enacted Municipal Ordinance No. 138, an ordinance adopting a system of rabies control in the municipality of Tubod, to protect the inhabitants from infectious dreaded rabies virus brought about by dog bites. WHEREFORE, on a unanimous motion, it was resolved to adopt: MUNICIPAL ORDINANCE NO. 208 “AN ORDINANCE ADOPTING AND APPROVING THE TUBOD ANIMAL CODE AND ESTABLISHING A MUNICIPAL POUND.” Be it ordained by the Sangguniang Bayan of Tubod, Lanao del Norte, in session assembled that: ARTICLE I General Provisions SECTION 1. Title – This Code shall be known as the Tubod Animal Code . SECTION 2. Coverage – The provisions of this Code shall govern all subject matters relating to the care and control of animals in the Municipality of Tubod, Lanao del Norte. SECTION 3. Definition of Terms - when used in relation to the implementation of the provisions therein, the following terms shall be construed as follows: • Animals -shall include but not limited to dogs, cats, snakes, monkeys, rabbits, birds, goats, carabaos, cows, pigs and other animals. • At Large -any animal off the premises and/or enclosure of its owners and not under physical restraint. • Municipal Pound – the designated stray animals impounding area located within the Municipality of Tubod. • Code -Tubod Animal Code. This Code. • Endangered Animal – animal that is facing extreme high risk of extinction in the wild in the immediate future. • Exotic Animal – animal which do not naturally occur in the country. • Owner -any person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal. • Vicious and dangerous – any animal that when unprovoked inflicts bites or attacks a human being or destroy properties; to cause injury or otherwise endanger the safety of humans or domestic animals, except when it attacks or inflicts bites upon a trespasser of a fully enclosed building. • Wildlife -animals naturally occurring or has naturally established population in the country. ARTICLE II Creation and Function of APCC SECTION 4. Creation of APCC – There is hereby created an Animal Protection and Control Committee (APCC), under the Office of the Municipal Agricultural Services (OMAS) SECTION 5. Head of APCC – The Head of the Animal Protection and Control Committee shall be the Municipal Agriculturist, and the Municipal Chief Executive shall issue an Executive Order for the composition of its members. SECTION 5. Functions – The Animal Protection and Control Committee is tasked to: a. Initiate programs for the prevention and control of animal communicable and transmissible diseases
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to avoid transmitting it to human beings; b. Regulate the keeping of all domestic animals; c. Prevent and eliminate stray, apparently ownerless and uncared animals in any public places of the Municipality of Tubod, Lanao del Norte; d. Implement a continuing program for the eradication of rabies among susceptible animals within the Municipality of Tubod, Lanao del Norte; e. Establish a workable disease investigation, surveillance, reporting and appraisal of animal disease intelligence network; and f. Undertake the delivery of technical and other logistics in the implementation of these activities. SECTION 6. In addition to the above mandate, the Animal Protection and Control Committee shall likewise be tasked under this Code: o To operate and manage a shelter for impounded animals and in relation to this shall provide nourishment and medical care for animals in its care; basic health screening for all animals and a disease control program for the facility; vaccinate animals that are leashed or confined. Only registered dogs shall be vaccinated against rabies. Information on animal control laws, and maintenance of records of all animals impounded or otherwise taken into custody; o To enforce the provisions of this Code and/or any other Ordinances that pertains to the care and control of animals; o To conduct field patrols which includes monitoring the status of registered dogs and other pets, conduct emergency response activities, cause the impoundment of animals with corresponding receipts and enforce animal quarantine directives. SECTION 7. It shall be unlawful for any person to oppose, resist, or otherwise interfere with the Animal Protection and Control Committee or any of his authorized deputies in the performance of the duties herein set forth. ARTICLE III Animal Welfare, Care and Protection SECTION 8. It shall be unlawful for any person to torture any animal, to neglect or deprived of adequate care, sustenance or shelter or maltreat any animal, kill or cause or procure to be tortured, or use the same in research or experiments and fights not authorized by law. The killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos and horses is likewise hereby declared unlawful except in the following instances: a. When the pet animal is afflicted with an incurable communicable disease like rabies, Foot and Mouth Disease (FMD), hog cholera, etc.; b. When the killing is deemed necessary to put an end to the misery suffered by the diseased animal; c. When it is done to prevent an imminent danger in the life of live of a human being; d. When done for the purposes of animal population control; e. When the animal is killed after it has been used in authorized research or experiments; f. Any other grounds analogous to the foregoing as determined and certified by a duly licensed veterinarian. In the abovementioned cased, the killing of the animals including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses and crocodiles, shall be done through humane procedures shall mean the use of the most scientific methods of killing animals. SECTION 9. It shall be unlawful for any person to transport a dog through a motor vehicle, in any street within the municipality, unless the dog is fully enclosed within the owner’s vehicle or is protected by a belt, tether, cage, container or other devices that will prevent the dog from falling, jumping or being thrown off the vehicle. SECTION 10. No. dog or other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to extreme temperatures which may adversely affect its health and welfare. SECTION 11. The slaughter of dogs, sale and/or transport of dog meat in the municipality of Tubod, Lanao del Norte is strictly prohibited. SECTION 12. The killing and hunting of birds and other winged animals in the municipality of Tubod, Lanao del Norte is likewise strictly prohibited. SECTION 13. It shall be unlawful for any person or owner of any animal to use physically weak, unfit or apparently incapable animals to be used in drawing cart or rig. In the event that an animal is used to draw cart or rig, the owner is hereby required to secure a certificate from the Municipal Veterinarian certifying that such animal/s are physically fit and have passed the quarterly health examination. SECTION 14. Penalty. Violation of Sections 8 to 12 shall be punishable with the following: A. 1st Offense 2nd Offense 3rd Offense
- One Thousand Pesos (Php1,000.00) - One Thousand Five Hundred Pesos (Php1,500.000 - Two Thousand Five Hundred Pesos (Php2,500.00)
And Imprisonment or both at the discretion of the Court Violation of Section 11 shall be punishable with the following: B. 1st Offense - One Thousand Pesos (Php1,000.00) 2nd Offense - One Thousand Five Hundred Pesos (Php1,500.00) 3rd Offense - Two Thousand Five Hundred Pesos (Php2,500.00) ARTICLE 1V Sanitation, Disease and Nuisance Control SECTION 15. No person shall allow the continuous barking, yelping, whining, howling or otherwise disturbing noise by an animal, such that the situation becomes a nuisance to the public. The Barangay concerned shall take appropriate action to correct the situation on the basis of a complaint filed with its office. In coordination with the Municipal Pound, it may cause the impoundment of the animal on the second stance of complaint. SECTION 16. It shall be unlawful for any person owning or having control or custody of any animal to permit the animal to urinate or defecate upon public property, streets of the municipality or upon the private property of another. SECTION 17. Dog owners who bring their animal on strolls shall ensure that their dogs are properly strained with a leash of two (2) meters long and properly muzzled. SECTION 18. Straying or roaming of animals in public places, streets, plazas is strictly prohibited. SECTION 19. The dumping of carcass of dead animals such as dogs, pigs, cats, rats among others in drainage, canals, rivers, roadways, sidewalks, and other waterways in the municipality is strictly prohibited. SECTION 20. Owners of dead animals are required to properly bury/dispose of their pet’s carcass within their premises. Proper disposal of the animal carcass may also be coordinated with the Animal Protection and Control Committee after paying the prescribed fee of Two Hundred Fifty Pesos (Php250.00). SECTION 21. It shall be unlawful for any household in the hinterland Barangays to raise more than three (3) dogs. SECTION 22. Penalties – Violators of the abovementioned sections shall suffer the following penalty/ ies: Sections 14 to 16: 1st Offense -Php500.00 2nd Offense -Php1,000.00 Sections 17, 18, 19 and 21: 1st Offense -Php200.00 2nd Offense -Php500.00 3rd Offense -Php1,500.00 ARTICLE V Owner Obligations and Liabilities SECTION 23. It shall be unlawful for any person to won, keep or have control of a dog without having obtained a registration for such animal. The dog registration fee shall be 100.00. SECTION 24. Registration Tags. Animal owners are hereby required to place registration tags on their animals. Registration tags shall be securely displayed upon the animals at all times, except when the animals are confined to the owner’s premises or displayed in any show or exhibit. The removal of the animal tags is strictly prohibited under this Code. 1. Dog tags are non-transferable from animal to animal or from owner to owner. 2. Private veterinary clinics are hereby required to provide dog tags, in accordance to the color issued and prescribed by the OMAS, for a particular year. 3. If for any reason the tag shall be lost, stolen, damaged or become unreadable, the owner to which the same was issued shall be entitled to receive a duplicate/replacement upon presentation of the original Certificate of Registration showing ownership of the said tag and a subscribed affidavit in case of loss, plus a replacement fee of Php100.00. 4. Dog tags are good only for the year it was issued. The issuance of a new tag depends upon the surrender of the old tag at the OMAS and every after vaccination of the animal. SECTION 25. Pet Shops – Pet shops and other enterprises maintaining animals, which have been granted business licenses by the Local Government Unit of Tubod are hereby required to register with the OMAS and to periodically submit a list of the animals in their custody. Prior to the issuance or renewal of business permits of pet shops, the proprietor or owner shall secure a Certificate from the OMAS certifying that the animals in their possession are free from communicable diseases. SECTION 26. Anti-Rabies Vaccination – All dog owners are required to submit their dogs 3 months of age and older, for an annual anti-rabies vaccination. Impounded dogs or animals found to have been no record of previous vaccination, if redeemed, shall only be released after the same are vaccinated and its owner have fully paid other fees, aside of the Vaccination Fee of Php100.00 per animal. SECTION 27. The Local Government Unit of Tubod, Lanao del Norte hereby imposes a penalty on owners of animals which cause injury or damage to other persons or property, to wit: 1. In case of damage to property, the indemnity shall be paid by the owner/possessor of animals based on the extent of the actual damage caused on the said property. 2. In case of injury sustained by certain individual, the following shall govern: (a) In case where the ownership of the animal has been duly established, the injured victim shall immediately be entitled to receive financial compensation from owner/possessor of animals for his/her medication; (b) In the event the injury would result to confinement for a number of days, the owner of the animal shall also be required to pay for the loss of income of the victim during the period when he/she is not working; (c) The injured victim must submit a medical certificate from any licensed physician, in support of his/her claim and/or pay slip or certification from the employer in case of payment of income loss; 3. If the owner of the animal willfully refuses, without justifiable cause, to pay the expenses necessary for the medication of the victim or pay for the damaged caused to personal property, the victim himself shall institute appropriate charges in court to enforce his/her claim. SECTION 28. Penalties – Violators of the abovementioned sections shall suffer the following penalty/ies: a. Violation of Sections 23, 24 and 25 – Fine of Php1,000.00 b. For failure to submit dog to annual anti-rabies vaccination (Section 26) – A fine of Php1,000.00 or 30 days imprisonment or both at the discretion of the Court, plus impoundment of the dog. c. For failure of the animal owner to assume responsibility for the injury or damaged caused to a person or another person’s property (Section 27) – A fine of Php2,500.00 and/or imprisonment of not over 6 months or both at the discretion of the Court, plus forfeiture of animal in either case. The owner’s assumption of the whole medication of the injured victim, plus the damages caused to the person and property of another shall constitute a bar to any pending case, without prejudice to the right of any third person filing similar claims, under the existing laws and regulations. ARTICLE VI Impoundment SECTION 29. Any animal engaging in an activity or existing in a condition, like dog fighting or other as prohibited by the national laws of the country, shall be taken up and impounded by the Municipal Pound. SECTION 30. Any person may take up and deliver or cause to be taken up or delivered to the Municipal Pound any stray animal at large, found within the municipality’s public property or upon any person’s private property. Any person taking up any animal under this provision shall immediately thereafter, give notice thereof to the Municipal Pound In-Charge and shall thereupon, hold and dispose (after paying the corresponding fee) of said animal in the same manner as through said animal had been found astray and impounded. SECTION 31. Voluntary Surrender of Animals by Owners – For a justifiable reason, an animal may be voluntarily surrendered to the OMAS by the owner, which shall be deemed abandoned and need not be impounded and kept by the Municipal Pound for any minimum period of time. It may be destroyed or
ORDINANCE/P8
8
TUESDAY, JULY 17, 2012 www.mindanaodailybalita.com
Ordinance... from P7 otherwise given up for adoption by the Municipal Pound for a prescribed fee of Php100.00 per animal. SECTION 32. Adoption Days. – The adoption days for impounded animals shall be during every working days (Monday to Friday), except during holidays, starting from 9:00 a.m. to 12 noon at the Municipal Pound. SECTION 33. Adoption Fees – In the event that the OMAS has incurred expenses (Labor, transportation, etc.) for an animal intended for adoption, the adopter shall pay the amount corresponding to the cost incurred by the OMAS in bringing the animal to the Municipal Pound, including the subsistence of the animal during confinement. SECTION 34. Impounding Fees - The following fees shall be collected/charged to the impounded animal/s: a. Dog/cat Php100.00/animal b. Goat/sheep Php100.00/animal c. Hog Php200.00/hog d. Horse,carabao,cow Php400.00/animal e. Others Php150.00/head f. Voluntary Impounding Fee Php150.00 g. Adoption Fee Php100.00 ARTICLE VII Miscellaneous Provisions SECTION 35. Isolation of Animals – Any animal falling into one or more of the following categories shall be isolated, quarantined or destroyed at the place and under the conditions prescribed by the Municipal Agriculture Office and pertinent laws and regulations. a. Known rabid animals; b. Suspected rabid animals; c. Animals which have bitten or otherwise exposed a human being to rabies; d. Animals which have been bitten by a known or suspected rabid animal or have been in intimate contact with the same. SECTION 36. Vicious Animals – In the event any animal has consecutively causes or is reported and recorded to have caused severe injury to a person or another animal several times within a year, or is regarded as “vicious and dangerous” as defined in this Code, the Municipal Pound shall impound, or humanely destroy said animal. SECTION 37. Legal Assistance – In the event that during the implementation of this ordinance, employees of the OMAS office face legal suit, the LGU of Tubod shall exerts all legal efforts to provide legal assistance to the employees of the Municipal Agriculture Office. ARTICLE VIII Final Provisions SECTION 38. Repealing Clause – All previous ordinance, executive orders, rules and regulations or parts thereof which are inconsistent with this ordinance are hereby repealed and/or modified accordingly. SECTION 39. Separability Clause - If, for any reason or reasons, any part or provision of this ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect. SECTION 40. Effectivity – This Ordinance shall take effect upon its approval and publication in a local newspaper. WE HEREBY CERTIFY to the correctness of the foregoing ordinance, which was duly enacted by the Sangguniang Bayan during its regular session, held at the Legislative Hall, Sangguniang Bayan Office, Tubod, Lanao del Norte. (SGD.) EDUARDO C. MANSUETO Municipal Vice Mayor (SGD.) EDWARD O. PIDO SBMember
(SGD.)NELLY M. PEPITO SBMember
(SGD.) CLIFFORD J. JUMALON SBMember
(SGD.) JIMMY N. AMAS SBMember
(SGD.) RUDY L. PEPITO SBMember
(SGD.) NICASIO C. LACSON SBMember
(SGD.) LORIANO S. JUMARITO SBMember
(SGD.) FELIPE A. PERALES SBMember
(SGD.) LEONCIO C. BAGOL ABC President
(SGD.) PETER JOHN G. YANOC SK Federated President ATTESTED: (SGD.) PERLA D. SANTOS Secretary to the Sangguniang Bayan
APPROVED: (SGD.) NELIETA QUIBRANZA-NOVAL Municipal Mayor
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF TUBOD, PROVINCE OF LANAO DEL NORTE, HELD ON MARCH 19, 2012, AT THE LEGISLATIVE HALL. Present: Hon. Eduardo C. Mansueto, Vice Mayor, Presiding Officer Hon. Edward O. Pido, SBMember Hon. Nelly M. Pepito, SBMember Hon. Clifford J. Jumalon, SBMember Hon. Jimmy N. Amas, SBMember Hon. Rudy L. Pepito, SBMember Hon. Nicasio C. Lacson, SBMember Hon. Loriano S. Jumarito, SBMember Hon. Felipe A. Perales, SBMember Hon. Leoncio C. Bagol, ABC President Absent: Hon. Peter John G. Yanoc, SK Federated President RESOLUTION NO. 42, S’ 2012 “A RESOLUTION ENACTING MUNICIPAL ORDINANCE ADOPTING AND APPROVING THE COMPREHENSIVE ENVIRONMENTAL AND SANITATION CODE OF THE MUNICIPALITY OF TUBOD, THE CAPITAL TOWN OF THE PROVINCE OF LANAO DEL NORTE.” WHEREAS, Section 2 Article 1 of Republic Act No. 9003, otherwise known as the Ecological Solid Waste Management Act of 2000 states to adopt a systematic, comprehensive and ecological solid waste management program to ensure the protection of the public health and environment and to utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery. WHEREFORE, on motion of SBMember Loriano S. Jumarito, duly seconded by SBMember Felipe A. Perales, it was resolved, as it is hereby resolved, to enact – MUNICIPAL ORDINANCE NO. 227 – 12 “AN ORDINANCE ADOPTING AND APPROVING THE COMPREHENSIVE ENVIRONMENTAL AND SANITATION CODE OF TUBOD, LANAO DEL NORTE” ARTICLE I Title of Ordinance Title of Ordinance. This Ordinance shall be known as the Comprehensive Environmental and Sanitation Management Code of the Municipality of Tubod and shall be hereinafter referred to as the “Code”. ARTICLE II Coverage The Code shall apply to all residential houses, all commercial establishments such as hotels, beach resort, restaurants, cinema houses, department stores, groceries, private and public markets, institution like hospitals, schools, churches, cemeteries, public and private offices, industrial establishments like factories, plants and all establishments of any kind and agricultural areas and business like piggery, poultry, farms, etc. ARTICLE III Authority/ Responsibility/ Duties Section 1. The Committee to be created will be tasked to implement the integrated Solid Waste Management Program established under the aforementioned ordinance shall be responsible for the implementation of this Code. Said Committee shall be called Environmental and Sanitation Management Committee of the Municipality of Tubod. Section 2. The Committee shall meet monthly. The Chairman or the Vice Chairman can call a special meeting on any other day of the month if the need so warrant. Section 3. In order to effectively carry out the provisions of this Code, all personnel performing or actually assigned solid waste functions, sanitation, cleanliness and janitorial functions either regular or casual employees of the municipal government shall be under the control and supervision of the Environmental and Sanitation Management Committee. Section 4. As provided by Section 490, Article 20 of Republic Act 7160 or the Local Government Code of 1991, the municipal general services officer shall maintain and supervise janitorial, security, landscaping, solid waste management and general sanitation in all municipal government public buildings and other real property whether owned or leased by the local government unit, all personnel performing said activities shall be devolved to the general services office by transferring the plantilla of these personnel from the offices/departments where they are presently included or detailed. Section 5. The Committee can impose disciplinary measures on any personnel mentioned in Section 3 of this Article who are found guilty of negligence, inefficiency, habitual tardiness and absenteeism and other forms of dereliction of duties, like non-following schedules of collection, non-collection of garbage, not cleaning garbage trucks, absence at the assigned station on assigned schedules, non-wearing of proper uniforms, etc. Section 6. The Committee shall fix the day, time and garbage trucks routes for the collection of garbage and shall see to it that Notices of Schedule of Garbage Collection as well as Notices of Penalties provided under this Code shall be posted in conspicuous places. Any and all changes in schedules of collection must be announced immediately to the affected residents. Section 7. Each barangay unit in the Municipality of Tubod shall actively participate in the successful implementation of this Code. Each barangay captain shall be appointed Sanitation Officer of his barangay by the Municipal Mayor. As such, he shall see to it that the Comprehensive Environmental and Sanitation Code shall be successfully implemented in his barangay. He shall also see to it that his barangay shall prepare an Environmental and Sanitation Management Action Plan with the assistance of the ESM Committee. Section 8. Responsibility for General Sanitation and Cleanliness. a) Owners and occupants of households and lessors, lessees, proprietors or administrators of commercial and industrial establishments, government and non-government institutions shall be responsible for the cleanliness of their surroundings, approximately for 3-5 meters from their owned or occupied properties and free from uncut grassed (maximum height 2 inches,, untrimmed hedged, clogged or silted canals, piled up debris and dangling posters. Tree branches or trunks must not hamper electric wires and posts; fallen foliage must be swept and accumulated soil removed from curbs and surrounding gutter.
b) The lobby and fronting sidewalks/ immediate grounds of commercial establishments shall be maintained clean and presentable by the actual occupants of the establishments (shops, stalls, stores, restaurants, eateries, carenderias, barber shops, beauty parlors, recreational and entertainment facilities like theaters, billiard balls, bowling alleys, beer gardens, karaoke joints, discos, cocktail lounges, dancing halls, etc. c) The fronting sidewalks and immediate areas of stalls/ open spaces of markets shall be kept clean and orderly by the lessee of said stalls/ space at all times. d) Sidewalks shall be free from obstruction at all times such as stalls, shops, vehicles and the like. Violation of this provision is considered a minor offense. Section 9. Periodic General Clean-Up Activities in barangays. There shall be a periodic general cleanup activities of all barangays of Municipality of Tubod to be made at least once a month under the supervision of the barangay captain. The Municipal Mayor can impose disciplinary measures on Barangay Officials who deliberately violate this provision. Section 10. Residents must have toilets. Barangay captains must see to it that public toilets be provided for their constituents who cannot construct toilets due to financial constraints, non-availability of space/lot for the purpose. They shall see to it that appropriation for toilet construction be given priority in their Annual Budgets. Section 11. Maintenance of Cleanliness and Sanitation of Comfort Rooms in their establishments owners, proprietors, occupants, administrators or commercial and industrial establishment, government and non-government organizations/ buildings shall maintain at all times the cleanliness and sanitation of comfort rooms in their establishments. The Municipal Health Officer shall see to it that provisions of this section shall be followed by all concerned. Section 12. Septic tank requirement. All residential, commercial, industrial establishments and private/ public institutions shall have septic tanks constructed in accordance with the standards as may be provided by law. No bottomless septic tanks are allowed. The Municipal Engineer shall see to it that provisions of this Section shall be religiously followed. Violation of this Section is considered a major offense and shall be a ground for revocation of building permits for on-going construction. Section 13. The use of plastic bags as containers or wrappers of hot food like barbecues, bread, broiled fish, roasted chicken or pig, soup shall be discouraged as this is harmful to human health. Section 14. Requirements for Collection of Garbage. All owners/ residents/ occupants/ lessees of residential buildings, commercial and business establishments, government buildings and offices, market stallholders, institution etc., are required: a) To segregate their compostable and the non-compostable garbage at source or at the site of place where they are generated. b) To use plastic bags or similar containers of sturdy materials as receptacles of their garbage which shall be properly sealed or tied to prevent scattering of their contents and properly labeled as to the kind of garbage contents. c) To put their garbage outside their premises only on schedules time and days of collection. Segregation of garbage using of plastic bags, properly sealed or tied and putting garbage only in scheduled time and days of collection is mandatory. No garbage shall be collected by the sanitary technicians which violates this section. Section 15. All residents, business establishment shall practice Zero-Waste Resource Management System. They shall compost their biodegradable, compostable garbage in their backyards when space/lot is available or when space/lot is not available include their compostable garbage in the common Barangay/ Municipal Composting Plans. They shall re-use and/or recycle the non-biodegradable wastes and properly store them before collection for inclusion in the common barangay/municipal resource recovery recycling centers or sale to junk dealers. Section 16. The Municipal Engineer is responsible for the proper maintenance of all garbage vehicles. He must report immediately to the general services officer any breakdown/defects of any and all garbage vehicles so immediate procurements of the defective parts/ immediate repair can be made and also for immediate announcement to the affected residents in case no vehicle is available for substitution. Section 17. Contractors, administrators, owners of any residential house, building and similar structures as well as of any project that hire carpenters, laborers, etc., as well as operators of circus, “ferias” and the like must provide portable toilets for their workers. The Municipal Engineer must see to it that the provision will be incorporated in the Building Permit requirements in the case of construction and projects. The Municipal Treasurer shall not issue any business license to any circus or “ferias” operator unless this provision is followed. Violation of this provision is considered a major offense and is punishable by penalties for such kind of offense. ARTICLE IV Definition of Terms Section 1. Technical Terms: The technical terms used in this ordinance shall be defined as follows: a) Biodegradable - any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable). b) Compost - decayed organic material for use as soil conditioner or fertilizer. c) Composting - biological degradation under controlled condition the process of making biodegradable such as food waste, garden waste and animal waste into compost by mixing them with soil, water, biological additives/ activators (optional) and air. d) Hazardous waste – special types of waste containing the chemical, biological and radiological elements which are harmful to human health. e) Incineration – the controlled process by which combustible wastes are burned and changes into gases and residues that contains little or not combustible materials. f) Recycling – the reuse, retrieval, recommission of element/ matter for any and all purposes necessary to healthful and productive living the process by which waste materials are transformed into new products in such a manner that the original products may lose their identity. g) Resource Recovery – the extraction of materials energy from wastes. h) Solid Waste – this includes anything thrown away, such as garbage, rubbish, trash, litter, junk, and refuse from any source (home, business, farms, industries or institutions), this is a discarded material with insufficient liquid content to flow, examples are those non-liquid, wastes resulting from the domestic, commercial agricultural and industrial activities which can be divided into several components under to broad categories: 1) Bio-degradable – compostable – putrescible. These are four groups of waste under this category such as: (a) food (cooking) waste/kitchen waste: peelings, leftovers, vegetable (garden) waste: leaves/ flowers, twigs, branches, stems, roots, trimming woods, seeds/inedible fruits, etc., (c) animal waste; manure/ urine, carcasses, etc., and (d) human waste, excrete, soiled pads, sanitary napkins, etc. 2) Non-biodegradable – compostable – putrescible. These are ten groups of waste under this category: (a) metals: tin cans, aluminum, iron, lead, copper, silver, etc., (b) glasses: bottles, cullers (broken glass), sheets (shards), minors, bulbs, etc., (c) plastics, polyethylene (bags) polypropylene (straws)/jute sacks/containers, polyurethane (foam, mattresses), polystyrene (Styrofoam), polyvinyl (tubes, pipes, linoleum), polycetate (fibers, cloth, rayon)etc., (d) rubber (natural and synthetic), tires, goods, etc., (e) papers: dry papers, cardboards, etc., (f) dry processed fibers, cloth, twine, etc., (g) dry leathers, skin, feather, etc., (h) hard shells; (i) bones, and (j) rocks. i) Solid Waste Management – purposely, systematic control of the general, storage, collection, transport, separation, processing, recycling, recovery and final disposal of solid waste. j) Sorting at source – the segregation or separation of waste at the point of generation or at the very place where they are produced into biodegradable and non-biodegradable. k) Zero Waste Resource Management System – is an ecological method of handling waste that does not degrade the environment and pollute air, water and soil and facilities their sanitary retrieval recycling. l) Vandalism – willful or malicious destruction or defacement of public or private property. m) Graffiti – an inscription or drawing made on some public surface (as a rock or a wall). n) Trash or refuse – include pieces of paper, sticks, cigar and cigarette butts, empty cans, boxes, rotten crates or containers, dung or animal and human manure, pulled grass or herbs, cut branches of trees, spoiled foods, animal cadaver or carcasses, piece of cloth, old clothes and rags, washing from the kitchen or from laundry and other materials. ARTICLE V Minor Offenses Section 1. Anti - Littering Prohibition. It shall be unlawful for any person or group of papers to scatter, throw or leave any trash or refuse, either deliberately or carelessly in all streets, sidewalks, parks, plazas, playgrounds, public offices and or buildings, all bodies of water, tributaries, aqueducts, canals, drainages, public toilets, public markets, private and public cemeteries and all public places. The latter shall include public schools, hospitals and clinics. It will also include residential buildings and commercial establishments not separated from public places by means of fences. Section 2. It shall be unlawful for any person or persons to spit on walls and floors of public buildings, streets, plazas, playgrounds and other public places. Section 3. Owners of animals/pets shall see to it that these animals/pets shall not stray in public streets, plazas, parks and public places. Any stray animal shall be impounded at the Municipal Pound, and shall be released only after payment of prescribed penalties. Section 4. It shall be unlawful to use water paper of any kind to directly come in contact with already cooked food, bread, barbecue, broiled fish, etc. Section 5. Open burning of wastes is prohibited. Section. 6. Scavenging of garbage is prohibited. This practice is the lowest form of human degradation. Section 7. Operators of garbage trucks/vehicles either government owned or private must not allow their vehicle to carry garbage without securely covering with plastic or any other kind of cover to ensure that the garbage carried by said vehicles to the dumpsite/sanitary landfill would not scatter in the streets. Section 8. Private/public vehicles used for garbage must be cleaned at all times after each use. Inspection will be made by the Environmental and Sanitation Management Committee(ESMC) regularly as to compliance to this provision. Violation by a private vehicle will be ground for revocation for business permit. Section 9. Sea-going vessels and boats shall not dispose wastes in bodies of water within the jurisdiction of Tubod, Lanao del Norte. Watercrafts may avail of the waste collection/disposal of the municipality through the ESMC after payment of the required fees. Section 10. Public vehicles entering the Municipality shall have proper receptacles to dispose their waste. Violation by any operator of this provision will be a ground for non-renewal of vehicle registration. The ESMC shall make a regular inspection of vehicles for proper action. Section 11. Throwing out of litter, cigarettes and other materials from any public conveyance, whether stationary or moving shall be prohibited. It shall be the duty of the drivers/conductors to police their passengers. Failure or any negligence on their part shall be dealt with by the applicable fine and penalties by this Code. The erring passenger shall likewise be held liable for violation. Section 12. It shall be unlawful for owners of private vehicles and operators of public vehicles to leave dirt/caused to be scattered in the streets of the municipality, soil, mud coming from the tires or spillage from the their vehicles. ARTICLE VI Major Offense Section 1. Anti-Dumping Prohibition. I shall unlawful for my person, or group of persons, business establishment, institutions, etc. to dump wastes of any kind in any streets or public and private places and all bodies of water within the territorial jurisdiction of the Municipality of Tubod, Lanao del Norte. Section 2. It shall be unlawful for any person to urinate or defecate on walls and floors of public buildings, streets, plazas, playground and other public places. Section 3. It shall be unlawful for any person to paint, inscribed or post graffiti on walls and fences of public and private buildings, fences and similar places. Section 4. Vandalism of private or public property is unlawful. This shall include unauthorized plucking of flowers and fruits, indiscriminate cutting of trees and ornamental plants at parks, plazas and other public places. Section 5. It is unlawful for residential, households, apartments, beach resorts, hotels, commercial establishments, industrial establishments, eateries and restaurants situated along water bodies of the city to cause waste coming from their toilets to be thrown directly to any body of water. Proper treatment should be made first before any effluent, chemical or any liquids are thrown to the sea. Section 6. It is unlawful for residential, commercial, industrial establishments and all sea going vessels to spill or discard liquid wastes such as gasoline, oil, lubricants, kerosene, chemical, etc., on any soil and water within the territorial jurisdiction of Municipality of Tubod. Such wastes must be properly stored for recycling or proper disposal. Section 7. It shall be unlawful for any person or business establishment to cause gaseous wastes to pollute the air. These form of waste must be filtered so that the final emission shall not be harmful to human and the environment. Section 8. Smoking in enclosed public places like government offices, private offices, hospitals, schools, restaurants and the like as well as in public conveyances like jeepneys, multicabs, tricycles, buses, ferry boats within the territorial jurisdiction of Municipality of Tubod shall be strictly prohibited. Owners or administrators in case of establishments must provide smoking area. Section 9. Smoke belching from private vehicles and all public conveyance is prohibited. Section 10. Diggings made on the streets of the municipal by any person/ corporation/ government agency/ telecommunication companies and other public utility companies, should be restored to the original condition upon the completion of the project. The Municipal Engineer should see to it that this provisions must be strictly complied with.
Section 11. It shall be unlawful for residents, commercial establishment and industrial firms and institutions like hospitals, clinics, etc., to combine hazardous wastes (chemical, biological and radioactive substances) and hospital wastes especially infections wastes with their receptacles and properly labeled and should be located in a secured and distant site prior to final collection, and disposal in accordance with applicable laws, guidelines, rules and regulations of the DENR, DOH Philippine Nuclear Research Institutions. Section 12. It is unlawful for owners/ operators of poultry or piggeries not to maintain the cleanliness of their areas. Animal manure shall be stored in sanitary containers for composing or for use for biogas production, etc., or they can coordinate with the Municipal Agriculture Department for collection of these kind of wastes so it can be used in the composting plant of the municipal or directly as fertilizer for the plants. Section 13. It shall be unlawful to include dead animals in the regular garbage. The concerned owner of the dead animals shall be dispense the dead animals properly. Section 14. Unauthorized use of the government dumpsite/sanitary landfill for disposal of garbage is strictly prohibited. Section 15. It shall be unlawful for any individual, corporation, business establishment or garbage contractors coming from other places/city/municipalities to dispose wastes of any kind including effluents from septic tanks to any/ all area within the jurisdiction of the municipal. Violation of this provision shall be penalized with the maximum penalty limit. Section 16. It is unlawful to dump debris, bulky forms of wastes as well as all accumulated wastes from construction/ repair, cutting of trees, etc., shall be stored at locations that will not cause unsightly sight and should never be dumped along streets. Collection of these kind of wastes should be scheduled by the Committee and should be announced and properly disseminated. Residents/ owners of business establishments shall discard these bulky wastes only at the scheduled time and date of collection. ARTICLE VII User Fees for Waste Management Services Section 1. Garbage Collection Fee. a) In consonance with the principle that those who generate waste must bear the cost of its collection and disposal, there is hereby fixed an annual garbage collection fee for commercial, industrial and business establishment, hospital, clinics, trade, occupational and similar establishments. b) Payment of garbage fees shall be made simultaneously with the payment of new business license/ renewal of business license. c) The Municipal Treasurer shall not issue a business license nor renew any license without prior payment of the required garbage fees. d) The Environmental Sanitation Management Committee shall prepare the schedules of rates of garbage fees and shall submit the same to the Body for deliberation and approval. The approved schedule of rates of garbage fees shall be published, after which, a public hearing shall be conducted regarding the matter. Section 2. Services fees for collection of special kinds of garbage services. Services fees shall be collected by the municipal for special kinds of garbage viz: a) Those garbage which because of their weight and bulk cannot be carried in the orderly course of garbage collection, such as trunk of trees, excess construction materials junks and the like. b) Wastes from watercrafts docking in the municipal piers. The rate of fees for special kind of garbage shall be determined by the committee on a case to case basis after actual inspection. ARTICLE VIII Violation and Penalty Section 1 – The following terms are defined for purposes of this provision on violations and penalty: a) Violation. The acts, omissions and/or practices of persons/heads of institutions/and all administrators of commercial, industrial, government and/or controlled corporations and other establishments within the territory of the Municipality of Tubod which are prohibited by any provision of this code. b) Violator. A person or persons who commit a prohibited act and/or fails to comply with any requirement or provision of this Comprehensive Code of Tubod, Lanao del Norte. c) Sanitation Citation Ticket. The ticket issued to person/persons violating any of the provisions of this Code. This ticket is issued in lieu of arrest and/or prosecution. Among other similar things, it notifies the offender of the particular infraction of the Code he has violated and also advises him to appear before the Sanitation Officer for appropriate disposition of his/her case. A sample of this ticket is attached hereto. d) Sanitation Officer. A person duly authorized by the Municipal Mayor to issue Citation tickets to person/persons violating any provision of this Code. This person may be a member of the PNP, Sanitary Inspector, the Barangay Captain of the barangay where the offense/violation is made or a Barangay Tanod which the concerned Barangay Captain may authorize. Section 2 – Sanitation Citation Tickets shall be issued only when there is actual violation of pertinent provision of this Code. Documentation such as picture, sworn statements, video pictures, etc. may be made by the Sanitation Officer. Section 3 – Sanitation tickets shall be accomplished accurately and in full by filling out all items called for in the ticket form, especially the “violations” portion. Section 4 – The Sanitation Officer shall accomplish immediately a Citation Ticket upon discovery of a violation. As soon as the ticket has been accomplished, the duplicate copy shall be given to the violator without delay. The time and the date the duplicate copy was given shall be indicated after the word, “violator” on the reverse side of the ticket and then initialed by the offender for confirmation. The Sanitation officer shall advise the violator to report to the Office of the Municipal Treasurer to pay the corresponding voluntary fine within seventy-two (72) hours from his receipt of the Citation Ticket. The Violator after paying to the Municipal Treasurer shall present the official receipt proving his payment for issuance of clearance. Section 5 – The Sanitation Citation Ticket shall be in four copies. The original copy shall be retained by the apprehending officer. The quadruplicate (fourth) copy of the Citation Ticket shall be submitted by the Sanitation Officer not later than 5:00 o’clock in the afternoon of the day of the violation was discovered. The Receiving Clerk shall indicate the time and date the 4th copy was received , on the reverse side of the ticket, after which he shall affix his initials and printed name for confirmation. Section 6 – Within seventy-two (72) hours from his receipt of the citation ticket, the violator or respondent may elect in lieu of prosecution to pay the fine provided for the particular provision violated. Section 7 – If after 72 hours from his receipt of the Citation Ticket, the violator fails to appear or refuses to pay the fine provided for the specific provision of this Code he violated, the Sanitation Officer shall report so that prosecution proceedings can be initiated within twenty-four (24) hours against the violator. Section 8. Fines shall be paid to the Municipal Treasurer or his/her duly authorized Deputy. Section 9. Schedule of fines for Violations. The Schedule of fines for violation of the provisions of this Code shall be as follows: FREQUENCY a) First Offense b) Second Offense c) Third Offense
FINE(Minor Offense) P100.00 – P300.00 P300.00 – P500.00 P500.00 – P1,000.00
FINE(Major Offense) P500.00 – P1,000.00 P1,000.00-P1,500.00 P1,500.00-P2,000.00
In case of insolvency of the violator and only upon actual verification interview by the Municipal Solid Waste Management Officer, ESMC Action Officer, the following may be allowed as substitution for or in lieu of the fines. First Offense one(1)week
Seminar & Rendering Community Service Second Offense two(2)weeks Community Service Third Offense one(1)month Community Service
Minor Offense -Attendance in ESMC
Major Offense two(2)hours
-Rendering
one(1)week
-Rendering
two(2)weeks
PROVIDED, that, any subsequent and repeated violator or violations shall subject the offender to a PENALTY of not exceeding Two Thousand Five Hundred Pesos (Php2,500.00), or an imprisonment not exceeding six (6) months, or both, at the discretion of the Court. Penalties shall be imposed if the violator is prosecuted and is subsequently convicted by a competent court of justice. Provided, further, that if the violator/offender is a market vendor, operator of a business commercial establishments/industrial establishments/institutions/offices and the violation occurs in the place of business, the following penalties shall be imposed in addition to the fines and or substitution imposed viz: Minor Offense Major Offense First Offense -Warning -to be written on the -to be written on the Face of the Mayor’s Face of the Mayor’s Permit on Business Permit on Business License License 2nd Offense -Temporary -One(1)week -One(1)month Revocation of Business License Mayor’s Permit 3rd Offense -Revocation of -Permanent -Permanent Of Business License/Mayor’s Permit ARTICLE IX FINAL PROVISIONS Section 1 – All provisions of existing ordinances inconsistent herewith are hereby amended/modified/ repealed accordingly. Section 2 – Separability Clause – If any provision of this Code or the application of such provision to any person/persons is declared unconstitutional or inconsistent with a national law, the remaining portions/ provisions of the Code shall remain in full force and effect. Section 3 – Effectivity – This Code shall take effect after its approval and publications in local newspaper. WE HEREBY CERTIFY to the correctness of the foregoing ordinance, which was duly enacted by the Sangguniang Bayan during its regular session, held at the Legislative Hall, Sangguniang Bayan Office, Tubod, Lanao del Norte. (SGD.) EDUARDO C. MANSUETO Municipal Vice Mayor (SGD.) EDWARD O. PIDO SBMember
(SGD.) NELLY M. PEPITO SBMember
(SGD.) CLIFFORD J. JUMALON SBMember
(SGD.) JIMMY N. AMAS SBMember
(SGD.) RUDY L. PEPITO SBMember
(SGD.) NICASIO C. LACSON SBMember
(SGD.) LORIANO S. JUMARITO SBMember
(SGD.) FELIPE A. PERALES SBMember
(SGD.) LEONCIO C. BAGOL ABC President
(SGD.) PETER JOHN G. YANOC SK Federated President ATTESTED: (SGD.) PERLA D. SANTOS Secretary to the Sangguniang Bayan
APPROVED: (SGD.) NELIETA QUIBRANZA-NOVAL Municipal Mayor MDN: July 17, 24 & 31, 2012
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Republic of the Philippines SUPREME COURT 4th SHARI’A CIRCUIT COURT 4th Shari’a Judicial District Iligan City IN RE: PETITION TO APPROVE AND REGISTER THE DIVORCE BETWEEN SPOUSES MANUELITO C. TEVES AND PATRICIA G. REMOLADOR-TEVES,
CIVIL CASE N0.2012-063
MANUELITO C. TEVES AND PATRICIA G. REMOLADOR-TEVES,
Petitioners. x----------------------------------------------------------------------/ ORDER Before this court is verified Joint Petition for the approval and Registration of the Divorce filed by their Counsel and alleging among others: That petitioners are husband and wife, respectively, in a marriage performed under Civil rites on May 8, 1980 in Cebu City, they converted to Islam faith, of which conversion to Islam were Registered with this court, both of them can be served with summons and notices c/o Zaide Law Office at 2/F, Pafs Mejia Bldg., Roxas Avenue, lligan City. That said marriage did not last long, due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated sometimes in 1990 or more than twenty two (22) years now , they decide to live physically in bed and board thereby executed Divorce Agreement in order to formalize their separation; since their separation in 1990, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other’s affairs; petitioner’s seek judicial decree of divorce thereby surviving their marriage bond on May 8, 1980, so that they will have free hand to do what a single man or woman could do without marital burden; reconciliation between them had already been diligently employed but all proved futile. WHEREFORE, finding this joint petition to be sufficient Inform and substance, set the initial hearing of this case on August 3, 2012 at 9:00 a.m. at which time, date and place, any interested party may appear and show why the petition should not be granted. Let copy of this Order be published in a news paper of General Circulation in the City of lligan once week for three (3) consecutive weeks at the expense of the petitioner. SO ORDERED. lligan City, Philippines, this 13th day of July 2012.
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HON. OSOP M ALI Presiding Judge
Republic of the Philippines SUPREME COURT 4th SHARI’A CIRCUIT COURT 4th Shari’a Judicial District Iligan City IN RE: PETITION TO APPROVE AND REGISTER THE DIVORCE AGREEMENT OF SPOUSES SFIGERU MOCHIZUKI AND JUDELEN S. SABUERO-MOCHIZUKI
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Before me this court is a verified joint petitioner for the approval and Registration of Divorce filed by petitioners on July 13. 2012 alleging among others: That petitioners are husband arid wife, they got married on October 26, 2007 under civil rites, and residents of Tudela, Misamis Occidental and Iligan City, respectively, at which they can be served with summons and other legal processes c/o Zaide Law Office, Pafs Mejia Building, Roxas Avenue, Iligan City; That said marriage did not last, but not long after their marriage, they manifested incompatibility that reach the point of irreconcilability. Due to inability of petitioners to perform essential marital obligations to each other, they decided to live physically separated from each other and executed agreement to formalize their separation. Since their separation in the early part of 2009, or for more than two (2) years already, they had never been communicating or supporting either financially or emotionally to each other, neither minding other’s affairs, petitioners seek to approve their divorce thereby severing their marriage bond on Occober 26, 2007 so that they will have free hand to do what a single man or woman could do without marital burden: reconciliation between them is no longer a remedy, as all efforts necessary for possible reconciliation had already been diligently employed but all proved futile. WHEREFORE, finding this joint petition to be sufficient in form and substance, set the initial hearing of this case on August 4, 2012 at 9:00 A.M, at which time, date and place, any interested party may appear and show cause why the petition should not be granted. Let copy of this order be published in a newspaper of General Circulation in the City of Iligan once a week for three (3) consecutive weeks at the expense of the petitioners. SO ORDERED. Iligan City, Philippines, tills 16th day of July, 2012.
MDN: July 17, 24 & 31, 2012
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Human rights violation vs. NPA rebels mulled KIDAPAWAN City––The Army in North Cotabato is bent on filing charges with human rights violations against the New Peoples’ Army (NPA) for executing on July 27 a tribal chieftain. The charges would be filed at the Commission on Human Rights and the government panel talking peace with the National Democratic Front (NDF), an Army official said. 1Lt. Tony Bulao, chief of the civil-military operations of the 602nd Brigade of the Army, said the killing of Datu Libontos Ansabu, also known in his community as ‘Commander Ibon’, was excessive. “He was tortured for more than four hours before he was killed,” said Bulao. Bulao, as proof, showed to media photos of Commander Ibon, which showed torture marks and gunshot wounds. The photos were taken while the victim underwent post-mortem examination in a hospital in nearby Antipas town in North Cotabato. Relatives of Ansabu condemned the killing and urged authorities to accord them due justice. Juvelyn Ansabu, 26, one of the children of the slain datu, described the killing of her father as ‘evil’ and ‘inhuman’. “My father was like Christ who was killed for the crimes he did not commit. My father was begging them to spare his life, yet they won’t listen,” said Juvelyn. She said she witnessed how the torture was being inflicted on his father before the killing took place. “They let him run in REBELS/PAGE 11
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DAVAO City––The school president and more than a hundred students of the Ateneo de Davao University (ADDU) here were rushed to hospital two hours after taking spoiled lunch on Sunday. The students were attending the student leaders gathering called Sui Generis with ADDU President Fr. Joel Tabora as lecturer. They were declared out of danger. Mureene Ann Villamor, chair of the student council, said the participants started to get sick around 3 p.m., a couple of hours after taking a pack of chicken adobo, pancit (noodles) and buco salad. Villamor, who herself was rushed to hospital after vomiting several times, said the chicken adobo “smelled terrible.” “At around 3 p.m., may CASH ASSISTANCE. Cong. Maxie Rodriguez, Jr., of ABAMIN Party- List, (4th from L, standing second row), extends cash mga lumabas na sa session assistance at P2 thousand each to the 40 employees of Department of Agrarian Reform-Misamis Oriental, which were af- hall. Kasi nagsuka suka na. fected by floods brought by typhoon Sendong. FOOD/PAGE 11
Red tide warnings still up in Mindanao coasts RED tide toxin continues to affect four coastal waters in the country, the Bureau of Fisheries and Aquatic Resources (BFAR) latest bulletin show. In its Shellfish Bulletin No. 18 signed by BFAR officer-in-charge Remedios E. Ongtanco, BFAR’s Marine Biotoxin Monitoring Section (MBMS) said that the previous red tide-affected coastal waters of Dumanquillas Bay in Zamboanga del Sur; Murcielagos Bay in Zamboanga del Norte and Misamis Occidental; Balite Bay, Mati, Davao Oriental and coastal waters of Milagros in Masbate
remained contaminated with paralytic shellfish poison. MBMS said that all type of shellfish and Acetes specie or alamang from the four coastal waters are not safe for human consumption. But it said that fish, squids, shrimps and crabs are safe to eat provided that they are fresh and washed thoroughly, and internal organs such as gills and intestines are remove before cooking. MBMS head Juan R. Relox Jr. said that he deemed it as their obligation to issue the bulletin to alert all residents in the area of the presence of the poisonous
red tide toxin. Relox said that the type of toxin in the Zamboanga area was more infectious and riskier than the type of toxin that infested waters of Bataan, Zambales and Pangasinan months earlier. BFAR shellfish bulletin also showed that Matarinao Bay in Eastern Samar and the rest of coastal waters in the country, including Manila Bay which circumvent Cavite, Las Pinas, Paranaque, Navotas and Bulacan; Bataan, Zambales and Pangasinan in Luzon remained safe of the toxic red tides. What is red tide? Red tide is a common
name for a phenomenon also known as an algal bloom (large concentrations of aquatic microorganisms), an event in which estuarine, marine, or fresh water algae accumulate rapidly in the water column and results in discoloration of the surface water. It is usually found in coastal areas. These algae, known as phytoplankton, are singlecelled protists, plant-like organisms that can form dense, visible patches near the water’s surface. Certain species of phytoplankton, dinoflagellates, contain photosynthetic pigments that vary in color from green to
brown to red. When the algae are present in high concentrations, the water appears to be discolored or murky, varying in color from purple to almost pink, normally being red or green. Not all algal blooms are dense enough to cause water discoloration, and not all discolored waters associated with algal blooms are red. Additionally, red tides are not typically associated with tidal movement of water, hence the preference among scientists to use the term algal bloom. with wikipedia.org
CAGAYAN de Oro Archbishop Antonio J. Ledesma, SJ,DD (left photo), Chairman of the Cagayan de Oro River Basin Management Council (CDORBMC) shares the overview and rationale of the Consultative/Workshop to participants during the opening of the Joint Consultative Meeting and Planning Workshop of the Bukidnon and Cagayan de Oro River Basin Management Councils with the theme: “Accelerated Rehabilitation of the Cagayan de Oro River Basin thru Synergy in Alliance Building” held recently this city. Also present were representatives from the different sectors of DENR 10 headed by Regional Executive Director Corazon B. Galinato, co-chair of the CDORBMC. The Bukidnon River Basin Management Council is headed by Bishop Jose A. Cabantan, SJJV. Photo supplied
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Benaldo... from page 4
along with ‘kinilaw.’ A cup of rice would then make my day. While in a jitney, I started to ponder on the woman’s story. She said that Benaldo has people paid to take care of his political image. According to her, Benaldo’s drumbeaters failed to salvage his tattered image. I have no idea what she meant. What I was thinking of was filling my rumbling stomach at that time. React: crisguardian@yahoo.com
System... from page 4
on the needs of every region. At least, they have been aware of the nature of the country. Needs analysis has been done not only by the schools or colleges but also together with the government departmentally. They have worked together for designing a curriculum appropriate for the country or region needs as well. Thus, local content can be similar to the localized education system. The strategy of education process should be based on the needs for competent human resources and the development of technology. These developments should be related to the skills for cultivating the country nature, where the human resources are living. Without considering such aspects, there will be a big chaos for any nation because of being lack of human resources required for cultivating their own country. This effort of having localized schools is intended to provide the nation with skills appropriate for the typical regions where the schools are located. Link and Match is required. Dr. Djuwari is the director of language laboratory at STIE Perbanas Surabaya, Indonesia, he is also an editorial member of some academic journals in Philippines and America.
Rebels... from page 10
the woods, around 3 a.m., on July 27. If he fell on the ground, they would kick him. They boxed him, slapped him, and uttered words I could not swallow. It was so inhuman, so evil,
that all I did was pray and cry for God’s mercy,” said Juvelyn. As this developed, the NPA in Southern Mindanao Region has admitted the killing. In a statement issued to media Monday, Isabel Santiago, spokesperson for the Herminio Alfonso Command of the NPA Front 53, said they executed Ansabu based on the death penalty order handed down to them by what they called as the ‘Peoples’ Court’. Santiago said Ansabu was responsible for at least 11 shooting incidents since 2003 where 19 people, many of them lumads, were killed. The tribal datu was also responsible for at least four cattle rustling cases, arson, and three cases of theft and robbery in Arakan and nearby Magpet town. The rebels also accused Commander Ibon of helping the Army in their counterrevolutionary operations in North Cotabato towns.
Spoiled... from page 10
They were not feeling well already. I felt sick as I was facilitating at the open forum. I went to the toilet and found out that many students were indeed sick. They called 911 na,” Villamor said. Fr. Tabora was reportedly sick himself and was brought to hospital, Villamor said. More than 50 students were brought to the Davao Doctors Hospital while almost the same number were also rushed to San Pedro Hospital.
Leader... from page 1
legendary Datu Hawudon Tagleong who died in April, 2006. Bae Merlyn married Hernandez as she took the reins held by her late father following her installation by 3,000 tribesmen led by their Council of Elders. Hernandez, of the Kankaney tribe of Mountain Province, later was named Datu Bunanat by the Manobos. In the resolution, Go “honestly believes had the issuing court not been misled by some wrong information in the application for search
warrant, it could not have issued the search warrant against respondent but to some other persons who may possibly appear to be responsible therefor.” He said: “The object or purpose of a preliminary investigation, or a previous inquiry of some kind, before an accused person is placed on trial is to secure the innocent against hasty, malicious, and oppressive prosecution and to protect him from an open and public accusation of a crime, from the trouble, expense and anxiety of a public trial, and also to protect the state from useless and expensive trials.” The case was filed on April 1, 2012 after the police search the house of Hernandez at CS Compound, Bacolod Street, Upper Doongan here. The search warrant was issued by Butuan City Regional Trial Court Branch 2 Judge Emmanuel Escatron and was implemented at around 2 p.m. witnessed by Edchel Basister, Noly Salmen, president and administrative officer, respectively, of Datu Tagleong Security Agency (DTSA), Doongan Barangay councilmen Rafael Pulido and Pedro Cultura. Recovered were eight firearms and several hundreds of ammunition including magazines/clip. Hernandez said the raid was prompted through the intervention by a powerful Agusan del Sur politician whose “hunger for wealth and power is insatiable so that he had manipulated government agencies and personnel to serve his nefarious purposes the grab the land of the Tagleongs and the Manobos with a view of parceling them out to individuals and corporations who wanted to exploit the areas at the expense of the Tagleongs and the Manobos.” He said Senior Inspector Norman Ala and his raiding team did not do the proper and appropriate intelligence investigation because, if they did, they would have found out that the place they were raiding “is an office of a properly licensed security agency and the arms and
ammunitions in the office are properly licensed to DTSA and to him who deposited for safekeeping his two firearms.” According to Hernandez, DTSA is not his dummy but merely used its address “as contact address and stays in the guest room of said agency during his visits to Butuan City.” On the other hand, Ala said, the raid they conducted on the house of respondent was pursuant to their campaign against private armed groups and the proliferation of loose firearms and ammunition. He presented a sworn statement of Jerry Coguit, a relative of Bae Merlyn Coguit, and Alfonso Avila. Ala said the neighbors and Doongan barangay officials “knew nothing about the existence of a security agency in the locality” and showed a certification by Doongan Barangay Chairman Eddie Baltazar dated May 25, 2012. “There was absolutely no signage from inside to outside to indicate the place was used as office of a security agency,” he said. Complainant’s lawyer, Atty. John Gil Unay, said “it’s strange that after the implementation of the search, the signage of the security agency suddenly appeared.” Ala said the issuance by Judge Escatron of the search warrant was based on the determination of facts as presented and could not be impliedly considered illegal. Ala said AND-CIDT will file a motion for reconsideration.
Energy... from page 1
bio-mass plant of Crystal Sugar Co. Inc. in Maramag which however is only available during the milling season. For the medium term. Mr. Mordeno said FIBECO is now exploring further supply cont rac ts wit h five additional bio-mass plants within its franchise area and six hydroelectric sources for the long term such as the 300MW Pulangi V in Kibawe and 28.2MW Sita-Simod mini-hydro at Kitaotao. “Once we firm up our supply contracts with these
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embedded power plant projects, we may be able to start exporting power to nearby municipalities by 2014,” Mr. Mordeno said. Engr. Renato S. Cortezano, general manager, FIBECO, said the 3.2MW KEGI plant is the first embedded power plant of a cooperative which is intended solely to provide peaking power exclusively for the First Bukidnon Electric Cooperative, Inc. (FIBECO). “Besides reducing transmission systems loss previously experienced in Quezon due to its distance from the Pulangui hydroelectric power plant in Maramag, the project will also not incur transmission costs as an embedded power plant hence its impact on present rates will be minimal but our gain in efficiency will be great,” he added. KEGI, a 70/30 FilipinoChinese joint venture, undertook the construction and operation of the diesel power plant. It is an offshoot of Meter King, Inc. (MKI), which was started as a single proprietorship in 1994 by couple Edgardo L. Salvame and Rosalie A. Salvame primarily to manufacture, import and distribute electrical products and supplies, and construct power substations, transmission and distribution lines. Besides the Bagong Taas power plant, KEGI is also currently undertaking the construction of a 10.6MW diesel power plant in San Luis, Gingoog City, Misamis Oriental. Edgardo L. Salvame, president and CEO, KEGI, said they have also been considering solar power plants especially after the Energy Regulatory Commission’s approval of the Feed-In-Tariff rates last Friday, July 27. However, the fast pace of development in solar power technology has constrained them from investing in it since their plant could be obsolescent by the time it starts operations, even considering how the construction period of a solar plant could be as short as eight months.
TUESDAY, JULY 31, 2012
11
Raid... from page 1
Drug Enforcement Agency (PDEA) in Region 11 on Saturday swooped down the residence of the suspect identified as Orlan Johnson dela Cuesta, 43, a resident of the place. Dela Cuesta reportedly fired first his .22 pistol to the police officers who arrived in the area to implement the search warrant. The suspect succumbed to a single bullet hit on his head. However, the police managed to arrest dela Cuesta’s alleged companions. They were Pangalian Palawan, 45; Landring dela Cuesta, 41; Arnold Lim, 20; Jay-ar Ladislao, 23; Ampre dela Cuesta, 43; Nelson Gamale, 25; Richard dela Cuesta, 22; Anecito Lim, 45; and Jonebre Pitao, 25, an alleged nephew of Kumander Parago of the New People’s Army. Recovered were two .45 caliber pistols, two .38 caliber pistols and live bullets, P90,000 cash, 17 packs of shabu, 16 packs of shabu residue, and several pieces of drugs paraphernalia. The suspects are now under the custody of the DCPO. On the other hand, six drug suspects were earlier arrested by police operatives while having a pot session in a raid of a residence in Barangay 4-A Poblacion here. Apprehended were Arnel Anrion, 48; Alber Roy Estejo, 28; Perla Olaer, 47; Celetino Arbalio, 45; Helario Olaer, 29; and Melchor Olaer, 28; all residents of this city. Police team led by Supt. Antonio Rivera, Sta. Ana Police Station chief recovered some 27 sachet packs of shabu from Anrion and Estejo suspected as the drug pushers. The four other persons denied they were drug users although the police nabbed them while actually puffing shabu in a pot session. Authorities will bring the four suspects to a drug test at the PNP Crime Laboratory. Charges are now in the court against the suspects for violation of Republic Act 9165 known as the Comprehensive Dangerous Drugs Act of 2002.
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Bill enhancing bank liquidation process filed By ALLAN MEDIANTE Executive editor
CAGAYAN de Oro CityTHE Banking sector need reforms to the current bank liquidation system. According to Rep. Rufus Rodriguez (2nd District, Cagayan de Oro City), a reform on the issue will address the problems and concerns that continue to plague the system currently in place. Rodriguez and co-author Rep. Maximo Rodriguez, Jr. (Party-list, Abante Mindanao) said the measure represents an opportunity to advance and apply the lessons learned from previous bank closure experiences, highlighted no less by the recent global economic recession.
The bill, to be known as the “Closed Bank Liquidation Act of 2012,” removes the mandatory 90-day receivership period prior to liquidation to allow for a seamless transition from closure to liquidation. “What the bill ultimately seeks to accomplish is ensure a healthy and resilient banking system upon which the nation’s financial sector relies heavily on. In doing so, it not only lends itself to the country’s economic roadmap but also aligns the country’s deposit insurance system with international best practices and standards,” Rodriguez said. Rodriguez said experience has shown that rehabilitation is no longer feasible after the Monetary Board has closed a
bank, mainly because of the latter’s dismal financial condition at the time of its closure. “C o up l e d w it h t h e bank’s eroded franchise value, it virtually negates the chances of a successful recovery,” he said. Rodriguez said bank closure is imminent or unavoidable during financial distress. “We should have financial safety net that will not only protect the interests of all parties affected by a bank closure but also allows for the resolution of the failed bank in an efficient and prompt manner with minimum negative impact on the stability of the banking industry,” he said. The bill authorizes the statutor y liquidator of
closed banks to implement alternative bank liquidation methods such as Purchase of Assets and Assumption of Liabilities transaction and Bridge Banking. Rodriguez said both methods are widely used in other jurisdictions and are deemed less costly for the government and less disruptive to the financial system. Furthermore, the bill introduces significant reforms which address the limitations of existing laws on bank liquidation such as clear procedures for the takeover of closed banks and for the filing of the Petition for Assistance in the Liquidation of closed banks (PAL) and termination of the bank’s corporate existence as well as the
powers and functions of its stockholders, directors, and officers upon the bank’s closure minimizes unnecessary interference and delay in the liquidation process resulting from unwarranted suits brought about by stockholders of the closed bank. The bill also provides explicit authority of the bank liquidator to determine the liquidation price of the closed bank’s assets based on generally-accepted valuation principles and internationally-accepted valuation standards and practices and explicit authority of the bank liquidator to avail of various modes of disposing real and personal properties of closed banks. The measure also pre-
scribes a one-year period within which the closed bank’s creditors and stockholders have paid their claims against the bank, to be reckoned from the publication of the notice of the approval by the liquidation court of the final distribution of the assets of the closed bank. Claims that remain after the lapse of the said period shall be turned over to the government. The bill imposes six months to 12 years imprisonment and a fine of P2 million or both to violators. The Philippine Deposit Insurance Corporation (PDIC) is mandated to prescribe the rules and regulations necessary to implement the provisions of this Act.
CEB launches 6 more inter-island routes to boost route network OFFERS P488 ALL-IN INTRODUCTORY SEAT SALE
Science, technology park expo kicks off today in Davao City TO showcase the products and services of the Mindanao Science and Technology Park Consortium (MSTPC) member-agencies, the 1st Mindanao Science and Technology Expo (MSTP Expo 2012) will be held on July 31 – August 1, 2012 at the Philippine Coconut Authority XI (PCA XI), Tugbok District, Davao City. The 1st MSTP Expo 2012’s theme “Mindanao Science and Technology Park: A Convergence of Inclusive Growth” illustrates a way of converging the agencies in a collaborative effort to promote science and technology innovations. The expo will feature exhibits which will be put up by its member-agencies, talks for small and medium enterprises (SMEs), livelihood trainings, and a poster making contest for students among others. This expo was organized and brought to us by the MSTPC, a consortium comprising of members from the government agencies, non-government institutions and business groups which have significantly served and catalyzed the S&T development in Mindanao. Ultimately, the MSTPC aims to build a technology hub which will showcase the member-organizations resources to support innovative researches that will be relevant to the development of Mindanao. The Department of Science and Technology Regional Office No. XI is inviting SMEs, students and other interested individuals to participate in the various activities in store for them during the 2-day expo as these activities may be useful for them as a future source of income. This is also an opportunity among the member-agencies to share their resources such as expertise, innovations, manpower and facilities for the development of the community and Mindanao as a whole.
THE Philippines’ largest national flag carrier, Cebu Pacific (PSE:CEB) further strengthens its most extensive route network in the Philippines, with the launch of 6 more inter-island routes. Starting October 4, 2012, CEB will launch thrice weekly flights between Cebu and Busuanga, and between Tacloban and Legazpi. Both routes will operate on a Tuesday, Thursday and Saturday frequency, using an ATR 72-500 aircraft. Starting October 5, 2012, the airline will also launch the following flights using an ATR 72-500 aircraft: Davao – Butuan (Monday, Wednesday, Friday and Sunday), Davao – Dipolog (Monday, Wednesday, Friday and Sunday), and Tacloban – Iloilo (Monday, Wednesday and Friday). Meanwhile, CEB will launch an Airbus A319 service between Zamboanga and Cagayan de Oro starting October 20, 2012. This will be a thrice weekly service, every Tuesday, Thursday and Saturday. “CEB currently offers 63 domestic routes to 32 domestic destinations, providing passengers with the fastest access to key cities and destinations in the country. With these six new routes, CEB can offer the best connectivity options and the lowest fares to its guests, as well as promote trade and tourism in the destinations it flies to,” said CEB VP for Marketing and Distribution Candice Iyog. “We will accept delivery of three more brand-new Airbus
ATR aircraft will be used in most of CEB’s new routes starting October 2012. New routes include: Cebu-Busuanga, Tacloban-Legazpi, DavaoButuan, Davao-Dipolog and Tacloban-Iloilo.
A320 aircraft in the 2nd half of 2012, and 7 more in 2013. We look forward to expanding our route network to better serve the ever-growing traveling public in the Philippines,” she added. CEB holds an introductory P488 all-in seat sale for these new routes until August 2, 2012 or until seats last. This is for travel from October 4 to December 18, 2012. P488 all-in seats are available from Davao to Butuan or Dipolog, from Tacloban to Legazpi or Iloilo, from Cebu to Busuanga, and from Cagayan de Oro to Zamboanga. Meanwhile, CEB also holds a seat sale for its recently announced new routes, for travel from November 8, 2012 to January 31, 2013. Passengers can also buy P488 all-in seats from Iloilo to Puerto Princesa and General Santos, and from Cagayan de Oro to Bacolod. P1,488 all-in seats are also available from Iloilo to Hong Kong or Singapore. For bookings and inquiries, guests can go to www.cebupaci-
ficair.com, or call the reservation hotlines (02) 7020-888 or (032) 230-8888. The latest seat sales and promos can also be found on CEB’s official Twitter and Facebook pages. CEB currently operates 10 Airbus A319, 20 Airbus A320 and 8 ATR-72 500 aircraft. Its fleet of 38 aircraft – with an average age of 3.6 years – is the largest aircraft fleet in the Philippines. Between 2012 and 2021, Cebu Pacific will take delivery of 22 more Airbus A320 and 30 Airbus A321neo aircraft orders. It is slated to begin long-haul services in the 3rd quarter of 2013. In its 16th year of operations, CEB had flown over 60 million passengers. It provides access to the most extensive network in the Philppines, with 32 domestic and 19 international destinations. The airline also remains a pioneer in the Philippine aviation industry by being the first to offer web check-in, self check-in, e-ticketing and Lite Fares.