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These fines shall be the solidary liability of the erring person or individual pilot and the organization to which the pilot belongs and shall be without prejudice to claims of vessels or third parties against the erring person or pilot or pilot organization.

Nothing herein provided shall preclude the Authority from pursuing other legal measures to protect its interests against the Pilots’ Organization and/or any individual pilot.

SECTION 2. Visitorial Powers — The Organization shall make available at all times during office hours for inspection, examination and audit by the Authority, all books of accounts, properties, inventories, payroll, and financial records of the Organization, and all other records, concerning its operations.

SECTION 3. Power of the Manager , Port Department — Nothing herein prescribed shall preclude the Manager, Port Department from taking emergency measures in the public interest and/or promulgating specific regulations/ guidelines which are necessary to effectively and reasonably carry out the provisions of this Order.

SECTION 4. Appeal — Decisions of the Manager, Port Department issued pursuant to this order may be appealed within fifteen (15) days from receipt thereof to the Office of the Administrator by the parties who are adversely affected by said decision, otherwise, the same shall become final.

SECTION 5. Repealing Clause — All orders, rules and regulations, circulars, and memoranda previously issued and/or adopted by the Authority which are inconsistent herewith are hereby repealed or modified accordingly.

SECTION 6. Separability Clause — If for any reason any section or part of these Regulations is declared unconstitutional or invalid by competent judicial authority, the declared or invalid section or part thereof shall not affect other sections or parts which shall remain valid and effective.

SECTION 7. Effectivity Clause — This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Thursday, February 16, 2023

Republic of the Philippines OFFICE OF THE SANGGUNIANG PANLALAWIGAN Province of Camiguin Provincial Capitol, Mambajao, Camiguin

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF CAMIGUIN HELD

ON DECEMBER 28, 2022 AT THE SP SESSION HALL, NEW PROVINCIAL CAPITOL, MAMBAJAO, CAMIGUIN.

PRESENT:

Hon. Rodin M. Romualdo - Provincial Vice Governor; Presiding

Hon. Ma. Victoria Japuz Jansol - Provincial Board Member

Hon. Louis Sagrado Bollozos - Provincial Board Member

Hon. Stanley Kalaw Planco - Provincial Board Member

Hon. Christina Tadlas Loquias - Provincial Board Member

Hon. Webb Itum Bajenio - Provincial Board Member

Hon. Jose Rufino Babael Ladao - Provincial Board Member; PCL President

Hon. Jaime Abrea Maestrado - Provincial Board Member; LnB President

Hon. Lucile Dagondon Salvani - Provincial Board Member; SKPP President

ON OFFICIAL BUSINESS:

Hon. Shella Galope Babanto - Provincial Board Member

ABSENT: None

Author: Hon. Jose Rufino B. Ladao

PROVINCIAL ORDINANCE NO. 2022-72

“AN ORDINANCE CREATING THE CAMIGUIN PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE AND ITS FUNCTIONS, PROVIDING FUNDS THEREOF, AND FOR OTHER PURPOSES.

Be it ordained by the Sangguniang Panlalawigan of Camiguin, in Regular Session:

SECTION 1. TITLE. This Ordinance shall be known as the “ CAMIGUIN PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE (PENRO) CREATION ORDINANCE ”.

SECTION 2. POLICY. In line with the national policy as provided for under Section 17 (3), Paragraph (iii) of Republic Act 7160 subject to supervision, control and review of the Department of Environment and Natural Resources, it is the policy of the Provincial Government of Camiguin to adopt measures and guidelines for the protection and conservation of the environment, proper waste management and introduction of technologies ideal and beneficial to its constituents, and the proper utilization of mineral resources applying a well-balanced approach and mechanism without detriment to the ecosystem.

SECTION 3. OBJECTIVES. This Ordinance is enacted to create an office which the primary function is for the implementation of existing laws on environmental protection and conservation, and regulation with regard to the proper utilization of mineral resources in the province.

SECTION 4. SCOPE. This Ordinance shall cover the functions of the office created, its organizational structures, and the corresponding duties and responsibilities of all personnel under therein.

SECTION 5. DEFINITION OF TERMS. For purposes of this Ordinance, the following terms/words used are defined as follows:

The Province. The Provincial Government of Camiguin.

The Governor. The Provincial Governor of Camiguin.

PENRO. The Provincial Environment and Natural Resources Office.

CEC. The Camiguin Environmental Code of 2011. An environmental ordinance of the province which was enacted by the Sangguniang Panlalawigan of Camiguin aiming to conserve, protect the environment and natural resources of the province.

DENR. The Department of Environment and Natural Resources which is a national government agency tasked under the law to monitor, regulate, and implement environmental laws and regulate the utilization of natural resources and minerals in the country.

PDS. Preliminary Disinfection Storage. A disinfection storage owned and possessed by the Provincial Government of Camiguin intended primarily for infectious and hazardous waste generated by health care facilities in the province.

PMRB. The Provincial Mining Regulatory Board.

SECTION 6. POWERS AND FUNCTIONS OF THE PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE (PENRO).

To carry out its mandate, the Office shall: a. Formulate and adopt an effective measure in the protection of the environment and the conservation of lands within the territorial jurisdiction of the province; b. Enforce national laws, provincial ordinances, national issuances and regulations, and issuances from the Governor on environment and natural resources; c. Implement the Camiguin Environmental Code (CEC) of 2011 and all existing environment-related laws, ordinances, resolutions, agreement and issuances relative thereto; d. Implement the environmental programs and projects as mandated by the national government and the Office of the Provincial Governor; e. Make some recommendations to the Office of the Governor, through the Provincial Legal Office, to revisit/ amend existing environmental ordinances or draft an environmental ordinance to address the current environmental issues in the province and outside, that would tend to affect the island in general; f. Make recommendation to the Office of the Governor to reactivate and reconstitute the Provincial Solid Waste Management Board; g. Serve as Secretariat and Member of the Solid Waste Management Board; h. Manage, supervise, and oversee the over-all operation and maintenance of the sanitary landfills, Preliminary Disinfection Storage, and waste facilities possessed or owned by the province; i. Conduct research and studies in coordination with the Provincial Planning and Development Office of the emerging local and global environmental issues like solid waste management, water treatment and the like, and provide mechanism to anticipate the same that would be beneficial to the constituents in general; j. Collaborate with other local government units, non-government environmental organizations, civic groups, national agencies, foreign entities, local communities on conservation of the environment and effective implementation of all related laws; k. Formulate and assist in the planning of a long-term, sustainable, and well-balanced utilization of natural resources and minerals; l. Investigate and make recommendations to the Governor for the approval/disapproval of the renewal of existing quarry permits; m. Investigate and make appropriate recommendations to the Governor for the regulations and suspension of quarry operations to any or all of permit holders due to; alleged violations of existing national laws, ordinances, national environmental guidelines, environmental issuances by the Governor, violation of terms and conditions of any permits which are integral to its operation, actual/immediate threat to lives and limbs of the residents, or to impose revocation of the same, if the grounds so warrant, within the bounds of the law. n. Prepare and submit monthly reports to the Governor and the Sangguniang Panlalawigan as to the status, developments, and implementation of the existing local or national environmental programs; o. Prepare and submit monthly reports to the Provincial Governor a comprehensive itemized monthly report of the actual volume of extraction of quarry materials regardless of its classification made by every quarry permit holder/operator including its outstanding balance of allowable volume to extract as provided in the quarry permit; p. Perform such other duties and responsibilities that any statute, ordinance, or directive from the Governor that may give, vest, or assign.

SECTION 7. COMPOSITION. The Office shall consist of the Office Proper to be headed by the Provincial Environment and Natural Resources Officer or Provincial ENRO which has an equivalent to a department head of the province. The next lower in rank is the Supervising Environmental Management Specialist that would assist the Provincial ENRO with the functions of the office and coordinate with the Office of the Governor. The Office shall have 2 divisions under.

1. Environmental Services Division

2. Natural Resource Management Services Division

1. Environmental Services Division which shall be headed by a Senior Environmental Management Specialist. Under the same are: a. Ecological Solid Waste Management Unit which shall be headed by an Environmental Management Specialist Il, Environmental Management Specialist I, and Administrative Assistant II personnel; b. Camiguin Sanitary Landfill and PDS Operation Management Unit which shall be headed by an Environmental Management Specialist Il, Environmental Management Specialist I, and Administrative Assistant II personnel; c. Pollution Control Management Unit which shall be headed by an Environmental Management Specialist II, Environmental Management Specialist I, and Administrative Assistant II personnel;

2. Natural Resource Management Services Division which shall be headed by a Senior Environmental Management Specialist. Under the same are: a. Forestry Management Unit which shall be headed by an Environmental Management

Specialist Il, Environmental Specialist I, and Administrative Assistant II personnel; b. Small Scale Mining Management Unit which shall be headed by an Environmental Management Specialist Il, Environmental Management Specialist I, and Administrative Assistant II personnel; and c. Coastal Management Unit shall be headed by an Environmental Management Specialist Il, Environmental Management Specialist I, and Administrative Assistant II personnel.

The aforementioned positions shall have the corresponding salary grades

The Provincial ENRO shall be appointed by the Governor, subject to the confirmation by the Sangguniang Panlalawigan. Likewise, all the Civil Service qualifications and requirements including all pertinent documents relative thereto must be fully complied with and accomplished prior to its confirmation.

For this purpose, the PENRO shall have the following Organizational Structure and Staffing Pattern:

SECTION 8. QUALIFICATIONS, POWERS AND DUTIES OF PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICER (PENRO). As provided for under Section 484, Article XIV of Republic Act 7160, no person shall be appointed as provincial environment and natural resources officer unless: a. He/She is a citizen of the Philippines; b. A resident of the local government unit concerned, and of good moral character; c. A holder of a college degree preferably in environment, forestry, agriculture or any related course from a recognized college or university; d. A first grade civil service eligible or its equivalents; e. He/She must have acquired experience in environmental and natural resources management, conservation and utilization of at least (5) years.

The Provincial ENRO shall take charge of the office in coordination with the Office of the Provincial Governor and perform the following duties and responsibilities:

1. Formulate measures for the consideration of the Sangguniang Panlalawigan and provide technical assistance and support to the Governor in carrying out measures to ensure delivery of basic services and provision of adequate facilities relative to environment and natural resources services;

2. Develop plans and upon approval of the Governor implement the same, particularly those which have to do with environment and natural resources programs and projects which the Governor is empowered to implement and which the Sangguniang Panlalawigan is empowered to provide for under the law;

3. Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts, and similar forest projects and commercial forest, like industrial tree farms and agro-forestry projects;

4. Provide extension services to beneficiaries of forest development projects and technical, financial and infrastructure assistance;

5. Manage and maintain seed banks and produce seedlings for forest and tree parks;

6. Provide extension services to beneficiaries of forest development projects and render assistance for natural resources-related conservation and utilization activities consistent with ecological balance;

7. Promote the small-scale mining and utilization of mineral resources;

8. Coordinate with government agencies and non-governmental organizations in the implementation of measures to prevent and control land, air, noise, and water pollution with the assistance of the Department of Environment and Natural Resources;

9. Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural calamities and disasters;

10. Recommend to the Sangguniang Panlalawigan and advise the Governor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to environment and natural resources; and

11. Exercise such other powers and perform such other duties and responsibilities as may be prescribed by statutes, this ordinance, issuances from the national government, and directives from the Governor.

SECTION 9. THE HUMAN RESOURCE DEPARTMENT. Within 30 days from the passage of this Ordinance, the Human Resource Department (HRD) of the province shall provide for a definite qualifications, duties and responsibilities of each position as abovementioned except the position of Provincial ENRO. The said qualifications, duties and responsibilities shall be in accordance to the existing applicable statutes like the Administrative Code of the Philippines, Civil Service Law in relation to Qualification Standards (as Amended 2017), Department of Budget and Management Circulars, and Commission on Audit regulations. The Office of the Provincial Governor and the Sangguniang Panlalawigan shall be furnished with the said documents in compliance of this Section.

SECTION 10. APPROPRIATION. The amount necessary to implement the provisions of this Ordinance shall be included in the province’ annual budget.

SECTION 11. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provisions of this Ordinance shall be declared unconstitutional or invalid, other parts or provisions not affected thereby shall continue to be in full force and effect.

SECTION 12. REPEALING CLAUSE. All existing Provincial Ordinances, Executive Orders and issuances made by the Provincial Governor, or portions thereof which are inconsistent are hereby repealed and modified accordingly.

SECTION 13. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after the publication in a newspaper of local circulation or posting in a conspicuous place in 5 municipal halls of all the municipalities under the territorial jurisdiction of the Provincial Government of Camiguin.

ENACTED: DECEMBER 28, 2022.”

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I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING:

CAROLYN L. LAGUMBAY, MPA

ATTESTED: Secretary to the Sanggunian

RODIN M. ROMUALDO Provincial Vice Governor Presiding Officer

APPROVED: