South Cotabato Environment Code

SECTION 22. REGULATORY PROVISIONS.

Open-pit mining method
shall not be allowed in the
Province of South
Cotabato

Res. No. 84 – page 16 -

Republic of the Philippines
Province of South Cotabato
OFFICE OF THE SANGGUNIANG PANLALAWIGAN
City of Koronadal

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG PANLALAWIGAN OF SOUTH COTABATO, HELD IN ITS
SESSION HALL, CITY OF KORONADAL, ON WEDNESDAY, JUNE 09, 2010

PRESENT:
Hon. Eliordo U. Ogena, Vice Governor - Presiding Officer
Hon. Franklin C. Bona, SP Member
Hon. Dardanilo N. Dar, SP Member
Hon. Cecile E. Diel, SP Member
Hon. Jose R. Falcon, SP Member
Hon. Rene B. Jumilla, SP Member
Hon. Samuel L. Ladot, SP Member
Hon. Jose M. Madanguit, SP Member
Hon. Romar A. Olivares, SP Member
Hon. Elmo B. Tolosa, SP Member
Hon. Relly A. Leysa, SP Member - Ex-Officio Member
PCL President
Hon. Patricio M. dela Cruz, SP Member - Ex-Officio Member
FABC President
Hon. Jinky P. Avance, SP Member - Ex-Officio Member
SK President
ABSENT:
Hon. Clemente C. Tubo, SP Member

RESOLUTION NO. 84
Series of 2010
Hon. Eliordo U. Ogena Hon. Jose M. Madanguit Hon. Romar A. Olivares
Hon. Jose R. Falcon Hon. Clemente C. Tubo Hon. Elmo B. Tolosa
Hon. Rene B. Jumilla Hon. Dardanilo N. Dar Hon. Jinky P. Avance
Hon. Relly A. Leysa Hon. Patricio M. dela Cruz

A RESOLUTION ENACTING THE ENVIRONMENT CODE OF THE PROVINCE OF
SOUTH COTABATO

WHEREAS, the number of decades of untrammeled use, misuse, abuse and
exploitation of the existing mineral, forestry and other natural resources, encompassing
the various habitats and ecosystems of South Cotabato, has degraded, if not practically
destroyed its once upon a time lush and beautiful green forest and vegetation, polluted
its cold and refreshing air, contaminated its water resource and thereupon causing the
drying up of some of its clean and pristine river system;

Res. No. 84 – page 16 -

WHEREAS, this environmental degradation has gravely contributed to the
greenhouse effect causing undesirable climatic change that has adversely affected (1)
the fertility and productivity of the soil (2) the health and lives of the people (3) as well
as the quality of life of the people of South Cotabato;

WHEREAS, the matter of maintaining, protecting and enhancing the quality of
the environment, as well as upholding its ecological integrity and biodiversity is no
longer an exclusive responsibility of the state through the Department of Environment
and Natural Resources (DENR) but an obligation shared by the Local Government
Units and its constituents pursuant to the provisions of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, particularly Sections 2(a),
2(c), 3(d), 3(e), 3(f) up to 3(m), 5(a), 16, 17, 26, 27, 33, 34, 35, 36, 129,186,289, 389
(b) (9), 444(b)(3)(vii), 455(b)(3)(v), 465(b)(3)(v), 447(a)(1)(vi), and Section
468(a)(1)(vi) thereof;

WHEREAS, the provincial government, in its sincere desire to involve all
stakeholders pursuant to the aforesaid legal mandate, has decided to take a lead in
holding the Three-Day First Environmental Summit held in Lake Sebu, South Cotabato
on January 26-27, 2006, which brought forth vital environmental issues and concerns
imminently affecting not only South Cotabatenos but also the people of the entire
country and its future generations;

WHEREAS, consolidating all vital inputs, issues and concerns on environment,
the Sangguniang Panlalawigan of South Cotabato has decided to come up with a
reasonable and practicable measure that will ensure 1) the protection, conservation and
rehabilitation of the environment; 2) the judicious and equitable use of natural
resources; 3) the enactment and strict enforcement of pertinent laws and issuances on
environmental development related activities; 4) the active involvement of the people
of South Cotabato in all environmental undertakings;

WHEREFORE, premises considered, on motion of the Hon. Jose M. Madanguit,
duly seconded by the Hon. Rene B. Jumilla, the august Body, by a majority vote of nine
(9) members , namely: Hon. Madanguit, Hon. Jumilla, Hon. Tolosa, Hon. Falcon, Hon.
Avance, Hon. Leysa, Hon. dela Cruz, Hon. Dar and Hon. Olivares, with one (1) voting
against, namely: Hon. Franklin C. Bona and with two (2) abstentions, namely:
Hon. Cecile E. Diel and Hon. Samuel L. Ladot, the Body

RESOLVED, as it is hereby resolved, to enact the following ordinance:

ORDINANCE NO. 04
Series of 2010

AN ORDINANCE PROVIDING FOR THE ENVIRONMENT CODE OF THE
PROVINCE OF SOUTH COTABATO

Be it ordained by the Sangguniang Panlalawigan of South Cotabato that:

Res. No. 84 – page 16 -

CHAPTER 1 – GENERAL PROVISIONS

ARTICLE I - TITLE, POLICIES, PRINCIPLES AND TERMINOLOGIES

SECTION 1. TITLE. This code shall be known and cited as “THE SOUTH
COTABATO ENVIRONMENT CODE” and shall hereinafter be referred to as THE CODE.

SECTION 2. DECLARATION OF POLICY. Pursuant to the powers granted by
the 1987 Constitution, and in conjunction with the General Welfare clause of Republic
Act No. 7160, otherwise known as the Local Government Code of 1991, it is hereby
declared the policy of the Provincial Government of South Cotabato to fully exercise
genuine and meaningful local autonomy as an effective partner of the national
government, its people and the civil society in the enhancement of the rights of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature.

SECTION 3. GENERAL OPERATIVE PRINCIPLES. The formulation and
implementation of policies and measures for the protection of the environment,
sustainable utilization of the natural resources, and the promotion of healthful ecology,
shall be guided by the following general operative principles:

a. A local network that will promote and sustain relevant, efficient strategies and
modern technologies for the protection of the environment and natural
resources, primarily in the areas of research and management, shall be
developed and enhanced;

b. There shall be formulated relevant and effective policies and strategies that will
ensure proper implementation of environmental programs and projects as well as
the strict enforcement of pertinent laws, rules and regulations;

c. An accountable, efficient and dynamic organizational structure and operating
mechanism shall be established that will plan, implement, direct, assist,
coordinate, monitor and/or evaluate all environmental laws, policies, programs
and projects in South Cotabato;

d. The vesting of duties, responsibilities and accountabilities of personnel shall be
accompanied with the provision for reasonably adequate resources to enable
them to discharge their powers and functions;

e. The local government units and non-government organizations within the
territorial jurisdiction of South Cotabato may group themselves for purposes
most beneficial to them and their respective constituencies;

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f. There shall be institutional mechanisms that will sustain or reinforce the
implementation of this CODE, pertinent existing laws and issuances and promote
proper and mutual consultation with the people on matters involving the
utilization, development and conservation of natural resources;

g. The promotion, development and protection of human resources shall be the
paramount consideration in the formulation and implementation of all
environmental programs and activities; and

h. Adherence to the basic fundamentals of co-management approach allowing
multi-sectoral participation in the discussion and resolution of environmental
issues.

SECTION 4. DEFINITION OF TERMS. As used in this Code, the following
terms shall mean or be construed as follows:

AFFECTED COMMUNITIES - the communities, regardless of proximity to the
project site, where the existing or the potential adverse impact of a project affects said
communities.

AGRICULTURAL WASTES - the wastes generated from planting or harvesting
of crops, trimming or pruning of plants and wastes or run-off materials from farms or
fields.

AQUATIC RESOURCES - include fish, all other aquatic flora and fauna and
other living resources of the aquatic environment, including salt and corals.

BIODIVERSITY - a variety of life formed and found on earth; comprises all
living things and the genes they contain, the ecosystem they build and the way they
live and interact together.

BIOPIRACY - refers to the transfer of biological wealth and knowledge from
indigenous communities to transnational corporations for the manufacture of
commercial products with or without inadequate remuneration or acknowledgement of
traditional users of the resources, such as the patenting of biological organisms.

BUFFER ZONES - identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 of Republic Act No. 7586
that need special development control to avoid or minimize harm to the protected area.

CARRYING CAPACITY - a capacity of natural and human environments to
accommodate and absorb change without experiencing conditions of instability and
attendant degradation.

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CO-MANAGEMENT - a collaborative or joint management by two or more social
actions. All actions negotiate a fair share of functions and responsibilities for a given
development interest. It is a sharing of responsibilities, accountabilities and benefits
achieved as result of an integrated and coordinated actions.

CRES – Conservation of Rare and Endangered Species.

CRITICAL WATERSHED - a drainage area for a river system supporting
existing and proposed hydro-electric power and irrigation works needing immediate
rehabilitation as it is being subjected to widespread denudation that cause erosion and
flood.

CULTIVAR - a plant variety developed from a natural specie and maintained
through cultivation.

“DE FACTO” OPEN ACCESS - a condition resulting from the inability of a
resource owner or manager, such as the State, in the case of marine resource, to
enforce its ownership and authority by way of effectively excluding or regulating
non- owners from the use thereof, thereby rending the utilization of the resource under
open and unregulated conditions as if there is no owner or manager. The failure of
regulatory controls by resource owners or managers inevitably result in the destruction
of the resources and the over all losses in public welfare. In the case of marine
resource, “de facto” open access conditions lead to the eventual decline in marine
productivity, particularly fish catches in the municipal waters.

DESIGNATED NON-ATTAINMENT AREAS - area that does not meet one or
more of the National Ambient Air Quality Standards for the criteria pollutants
designated in the Clean Air Act.

DIPTEROCARP FOREST - a forest dominated by tree species with “two
winged” seed that can reach a height of over 20 feet, such as red lawaan, tanguile,
white lawaan, bagtikan, mayapis of Philippine mahogany group, apitong and yakal.

DISTRIBUTION UTILITY - any electric cooperative, private corporation,
government-owned utility or existing local government unit with franchise to operate a
distribution system.

ECOSYSTEM - an ecological community considered as a unit that consists of
non-living factors and its environment.

ECO-TOURISM - a form of sustainable tourism aimed to converse and promote
the sustainable use of biological and cultural biodiversity, that facilitates income
generation, provides job and business opportunities and shares its benefits equitably
with local communities and indigenous people by obtaining their informed consent and
full participation in planning and management of ecotourism in a protected area.

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EIA SYSTEM – a process which consists of identifying and predicting impacts
of proposed projects and programs in the biophysical environment and on man’s health
and well being. (DAO 03-30)

ENDEMIC - a situation peculiar to a particular locality.

ENDANGERED SPECIES - threatened or vanishing species of flora and fauna.

ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) - a document issued
by the DENR certifying that the project under consideration will not bring about an
unacceptable environmental impact and that the proponent has complied with the
requirements of the environmental impact statement system.

ENVIRONMENTAL GUARANTEE FUND (EGF) – a fund to be set up by a
project proponent which shall be readily accessible and disbursable for the immediate
clean-up or rehabilitation of areas affected by damages in the environment and the
resulting deterioration of environmental quality as a direct consequences of a project’s
construction, operation or abandonment. It shall likewise be used to compensate
parties and communities affected by the negative impacts of the project, and to fund
community-based environment related projects including, but not limited to,
information, education and emergency preparedness programs. (DAO 03-30)

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) - a process that involves
evaluating and predicting the likely impacts of a project (including cumulative impacts)
on the environment during construction, commissioning, operation and abandonment.
It also includes designing appropriate preventive mitigation and enhancement
measures and addressing these consequences to protect the environment and the
community’s welfare. The process is undertaken by, among others, the project
proponent and/or EIA Consultant, EMB, a Review Committee, affected communities
and other stakeholders. (DAO 03-30)

ENVIRONMENTAL IMPACT STATEMENT (EIS) - a document of studies on
the environmental impacts of a project including the discussions on direct and indirect
consequences upon human welfare and ecological and environmental integrity. The EIS
may vary from project to project but shall contain in every case all relevant information
and details about the proposed project or undertaking, including the environmental
impacts of the projects and the appropriate mitigating and enhancement measures.
(RA 7942)

ENVIRONMENTALLY CRITICAL AREA (ECA) – refers to an area that is
environmentally sensitive and is listed under Presidential Proclamation No. 2146, series
of 1981 as well as other areas which the President of the Philippines may proclaim as
environmentally critical in accordance with Section 4 of Presidential Decree No. 1586.
FISH SANCTUARIES - a natural area where fishes are hatched, bred and
protected until they are fully-grown.

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FISHERFOLKS’ COOPERATIVE - an organized group, association, federation,
alliance of an institution or fisherfolks which has at least fifteen (15) members, a set of
officers, a constitution and by-laws, an organizational structure and a program of
action, registered with the Cooperative Development Authority.

FISHERIES - all activities relating to the business of fishing, culturing,
processing, marketing, developing and managing of aquatic resources and fishery
areas, with the privilege to fish or take aquatic resource thereof.

GRAVEL- particles of rock passing 75mm (3 in.) U.S. standard sieve mesh.

GENETIC ENGINEERING - shall be understood as the introduction of genes
by laboratory techniques. (RA 9168 or the Philippine Plant Variety Protection Act of
2002)

HAZARDOUS WASTES - the combination of wastes which because of its
quantity, concentration, or physical, chemical or infectious characteristics may pose a
substantial or potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise mismanaged.

ILLEGAL LOGGING – the cutting, removing, collecting, gathering, possessing
and the transporting of forest products without license or permit issued by proper
authorities. (PD 705)

INDEPENDENT POWER PRODUCER (IPP) – an existing private power
generating entity not owned by the National Power Corporation.

INLAND FRESHWATER FISHERY - a freshwater fishery and brackish water
fishpond.

IN-PLACE MANAGEMENT SYSTEM - the technique used in utilizing the
capacity of resources including manpower existing in the place covered by
management.

KAINGIN – the clearing of a tract of land through the cutting/slashing/burning
of trees, bushes and other plants, as in a forest, so that the area being cleared will be
utilized for the planting of crops.

MANAGEMENT ZONE - is a relatively homogeneous unit of land, identifiable,
locatable and whose inherent characteristics dictates that the response or effects of
management will be relatively the same for all hectares within the area considering
each suitable management prescription and the stated decision variables. (DENR
Circular No. 93-04)

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MINERAL RESOURCES - any concentration of metallic and non-metallic
minerals/rocks.

MINERALS - the naturally occurring inorganic substance in solid, gas, liquid or
any intermediate state, including energy materials such as coal, petroleum, natural and
radioactive materials and geothermal energy.

MINING OPERATION - the mining activities involving exploration, feasibility,
development, utilization and processing.

MUNICIPAL WATERS - are streams, inland bodies of water and tidal waters
within the municipality which are not included within the protected areas as defined
under Republic Act No. 7586. (The NIPAS Law)

NATURALLY GROWING TREES - any tree that grows naturally in any area
(forest or private land) without human intervention.

OPEN DUMPS – the disposal areas wherein the solid wastes are indiscriminately
thrown or disposed of without due planning and consideration for environmental and
health standards.

OPEN-PIT MINING - a surface mining operation in which blocks of earth
are dug from the surface to extract the ore contained therein. Open-pit mining also
refers to a method of extracting rock or minerals from the earth by their removal from
an open pit or burrow. The term is used to differentiate this form of mining from
extractive methods that require tunneling into the earth.

OZONE DEPLETING SUBSTANCES – means those substances that
significantly deplete or otherwise modify the ozone layer in a manner that is likely to
result in adverse effects on human health and environment such as, but not limited to,
chlorofluorocarbons, halons and the like.

POLLUTION - an addition of a chemical, physical or biological agent into the
air, water or soil in an amount or rate that threatens human health, wildlife, plants or
disrupt the orderly functioning of the environment; a contamination.

PRECAUTIONARY PRINCIPLE - the 1990 Bergen Declaration which declares:
“In order to achieve sustainable development, politics must be based on the
precautionary principle. Environmental measures must anticipate, prevent and attack
the causes of environmental degradation. Where there are threats of serious and
irreversible damage, lack of scientific certainty, should not be used as a reason for
postponing measures to prevent environmental degradation”.

PRODUCTION FOREST - refers to forestlands designated as such for the
sustainable production of timber and/or non-wood forest products. (DAO 99-53)

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PROTECTION FOREST – refers to forestlands not the subject of commercial or
industrial activities that include all areas under NIPAS and such other areas the DENR
Secretary of may designate. (DAO 99-53)

QUARRY RESOURCES - any common rock or other mineral substances as the
Director of Mines and Geosciences Bureau may declare as quarry resources, such as,
andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative
stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and
bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic glass,
Provided, that such quarry resources do not contain metals or metallic constituents
and/or other valuable minerals in economically workable quantities. Non-metallic
minerals such as kaolin, feldspar, bull quartz or silica, sand and pebbles, bentonite, talc,
asbestos, barite, gypsum, bauxite, magnetite, dolomite, mica, precious and semi-
precious stones and other non-metallic minerals that may later be discovered and which
the Director of Mines declares the same to be or economically workable quantities shall
not be classified under the category of a quarry resource.

QUARRYING - a process of extracting, removing and disposing quarry
resources found on or underneath the surface of private or public land.

RATIONALIZATION - refers to the action of an organization of a business or
industry using scientific business management principles and simplified procedures to
obtain greater efficiency of operation.

RECREATION FOREST - a track of public lands, forested or non-forested,
which may contain production and protection forests, developed for additional or for the
primary purpose of providing non-destructive recreational pursuits.

REPLEVIN - an action to recover possession of movable property.

RICH – Rescue Important Conservation Hotspots.

SANITARY LANDFILL - a waste disposal site designed, constructed, operated
and maintained in a manner that exerts engineering control over significant potential
environmental impacts arising from the development and operation of the facility.

SMALL-SCALE MINING - a single unit mining operation having an annual
production not exceeding 50,000 metric tons of run-off-mine ore with the following
requisites: (1) the working area is artisanal, either open cast or shallow underground
mining, without the use of sophisticated mining equipment; (2) minimal investment on
infrastructures and processing plant; and (3) heavy reliance on manual labor.

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SEWAGE – means water-borne human or animal wastes, excluding oil or oil
wastes, removed from residences, buildings, institutions, industrial and commercial
establishments together with such groundwater, surface water and storm water as
maybe present including such waste from vessels, offshore structures, other receptacles
intended to receive or retain wastes, or other places or the combination thereof. (RA
9275 – Phil. Clean Water Act of 2004)

SOCIAL ACCEPTABILITY – the acceptability of a project by affected
communities based on timely and informed participation in the EIA process particularly
with regard to environmental impacts that are of their concern. (DAO 03-30)

SOLID WASTE - means all discarded household, commercial waste, non-
hazardous institutional and industrial waste, street sweepings, construction debris,
agricultural waste, and, other non-hazardous/non-toxic solid waste.

STAKEHOLDERS - are individuals, groups or communities, institutions and
entities who are directly or indirectly affected by any undertaking or activity.

STRICT PROTECTION ZONE - an area possessing some outstanding
ecosystem, features and/or species of flora and fauna of national scientific importance
maintained to protect nature and maintain processes in an undisturbed state in order to
have ecologically representative examples of natural environment available for scientific
study, environmental monitoring, education, and for the maintenance of genetic
resources in a dynamic and evolutionary state.

SUBSISTENCE FISHING - refers to the taking of fish through hook and line by
municipal fisherfolks, using fishing vessels less than three (3) gross tons, or fishing not
requiring the use of fishing vessels. (Joint DENR-DA-DILG-DND Memorandum Order No.
2000-01)

SUSTAINABLE DEVELOPMENT - the harmonious integration of sound and
viable economy, responsible governance, social cohesion/harmony and ecological
integrity to ensure that development is a life-enhancing process for human beings for
the present and future generations.

USUFRUCT PERMIT - gives a right to enjoy the property of another with the
obligation of preserving its form and substance, unless the title constituting it or the
law otherwise provides. (Civil Code)

WATERSHED - refers to a land area drained by a stream or a fixed body of
water and its tributaries having common outlet for surface run-off which filters
pollutants along the way and provide water to households, farms and industries. It also
refers to the esoteric basin, barrel catching precipitation that falls on land and
channeling the same to streams, rivers, aquifer and lakes. (Based on PD 705)

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WATERSHED MANAGEMENT – shall mean as the process of guiding and
organizing the management of land and other resources used to provide desired goods
and services, without adversely affecting soil and water resources.

WILDLIFE SANCTUARY - an area which assures the natural conditions
necessary to protect nationally significant species, groups of species, biotic communities
or physical features of the environment where these may require specific human
manipulation for their perpetuation.

ARTICLE II - MANDATE AND OBJECTIVES

SECTION 5. MANDATE. Pursuant to Section 16 of Republic Act No.
7160, otherwise known as the Local Government Code of 1991, the Provincial
Government of South Cotabato “shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate or incidental for
its efficient and effective governance, and those which are essential to the promotion of
the general welfare of its constituents as enshrined in the 1987 Constitution.” Within its
territorial jurisdiction, the Provincial Government shall ensure and support among other
things; programs, policies and measures geared towards the promotion of health and
safety, the enhancement of the people’s lives in a balanced ecology, the
encouragement and development of appropriate environment-friendly technologies,
improvement of public morals and social justice and the preservation of the comfort and
convenience of its inhabitants.

SECTION 6. OBJECTIVES. This Code is promulgated to provide the Provincial
Government of South Cotabato policy direction in the planning and execution of
programs and strategies, that will:

a. Ensure ecologically sound and sustainable development through collaborative
efforts of concerned government agencies, non-government agencies,
business communities and other concerned sectors;
b. Establish policies and mechanisms for the protection, preservation and
management of the province’s natural resources and environment; and
c. Ensure strict enforcement of environmental laws, regulations, policies and
issuances; and consider socio-cultural interests and strengthen people’s
participation.

CHAPTER II - NATURAL RESOURCES MANAGEMENT

ARTICLE I - FOREST RESOURCES

SECTION 7. SCOPE OF POWERS. In the exercise of their respective
mandates, the local government units shall:

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A. Provincial Government of South Cotabato shall:

1. Enforce forestry laws pertaining to illegal logging, unlawful occupation and
destruction of forest lands;
2. Apprehend violators of forest laws, rules and regulations and assist in the
preparation and filing of criminal complaint in the Office of the Prosecutor;
3. Assist in the confiscation, forfeiture and disposition of illegally cut and
transported conveyed forest products, conveyances, equipment and other
implements used in the commission of offenses penalized under existing
laws;
4. Establish Integrated Social Forestry, Communal Forests and watersheds or
sub-watersheds;
5. Participate in the inventory of forest products and issue clearance for the
establishment of wood processing and treatment plants prior to the
approval of DENR for utilization and disposition; and
6. Issue clearance and monitor activities inconsistent with laws, rules and
regulations of wood processing and treatment plants, logs and lumber
dealer permittees and furniture shops.

B. City and Municipal Governments shall:

1. Implement the following:

a. Integrated social forestry programs and similar projects,
pursuant to Section 17 of Republic Act No. 7160, except those
located in protected areas and critical watersheds;

b. Regular reforestation projects, including those located in
protected and critical watershed areas;

c. Community-based contract reforestation projects and other
similar projects subject to policies and procedures prescribed
by the Department of Environment and Natural Resources
(DENR);

d. Forest Land Management Agreement and/or Community-
Based Forest Management Agreement in accordance with the
policies promulgated by the DENR; and

e. Rules and Regulations pursuant to Section 12 of Executive
Order No. 263, and other DENR guidelines.

2. Establish and maintain communal forests with an area not exceeding fifty
(50) square kilometers, pursuant to Section 17 of Republic Act No. 7160;

Res. No. 84 – page 16 -

provided, that the concerned local government unit shall endeavor to
convert into a community based forestry projects;

3. Establish a locally-based forest management program considering the
model established which is operationally known as the Barangay Forest
Protection and Management Scheme, a project under the Provincial Co-
Management Model;

4. Manage, protect, rehabilitate and maintain small watersheds which are
sources of local water supply as identified or to be identified by the DENR
and/or the LGU concerned;

5. Establish, protect and maintain tree parks, greenbelts, pursuant to Section
17 of Republic Act No. 7160 and other tourism related areas identified and
delineated by the DENR and/or LGU, except those within protected areas,
and collect fees for services rendered and the use of facilities established
therein;

6. Regulate extraction, utilization and introduction of flora and fauna outside
National Integrated Protected Areas (NIPAs), including industries and
businesses engaged in their propagation and development, such as
orchidaria and nurseries, as well as exportation and importation of the
same; provided, that such businesses and industries are registered with
the DENR for monitoring purposes;

7. Implement the Rehabilitation in Conservation Hotspots (RICH) and
Conservation of Rare and Endangered Species (CRES) activities in areas
identified and delineated by the DENR and/or by LGU concerned, except
within the protected areas; and

8. Implement Soil Resource and Conservation Projects.

C. Barangay Government shall:

1. Protect and manage remaining forest pockets;
2. Establish community-based nurseries;
3. Create Barangay Forest Protection and Management Committee, (BFPMC)
unit through a Barangay Resolution and a Memorandum of Agreement
(MOA) headed by the Barangay Chairman with the following members
from the People’s Organization (PO), Department of Environment &
Natural Resources (DENR), Municipal Local Government Unit (MLGU),
Provincial Local Government Unit (PLGU) and National Commission on
Indigenous People (NCIP), if Indigenous People (IP) are involved; and
Tribal Council, if the same is present in the area;
4. Pass Ordinances on Barangay Forest Protection;

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5. Implement tree planting activities;
6. Monitor projects on the ground.

SECTION 8. OPERATIVE PRINCIPLES. The Forest Resources Management
initiatives of this Code shall be consistent with the following:

a. The right of the future generation to enjoy the benefits from forest
resources shall be recognized and protected;
b. The Barangay Council, with the participation of locally-based POs involved
in environmental protection, shall establish its own BFPMC to directly
protect, conserve and manage its local forest resources;
c. The establishment and enforcement of a rational system of utilization and
conservation of forest resources, wildlife and biodiversity to ensure
sustainable productivity;
d. Everyone shall have the right to information and education on forestry
laws, rules and regulations;
e. Through an integrated watershed management system a sustainable
water supply to the city, municipality and barangay shall be ensured;
f. The development of private tree farms and other forest products
supportive of wood requirements of construction, wood processing,
furniture, handicrafts and other wood industries shall be encouraged;
g. The In-Place Management System of forest occupants through
Community-Based Forestry Management Programs shall be adopted and
implemented to enhance participation of the communities in activities
involving forest development management and protection;
h. Penalties, incentives and reward systems shall be the guiding policy in the
implementation of forestry laws;
i. A forest resource management information system shall be installed as an
effective tool in planning, policy making and implementation;
j. The participation of Indigenous Peoples (IPs) shall be tapped in the
implementation of programs and projects; and
k. A monitoring and evaluation system for forest resources shall be
established to ensure proper compliance with existing policies, rules and
regulations and effective implementation of programs and projects.

SECTION 9. FOREST RESOURCE MANAGEMENT FRAMEWORK. In
coordination with the Department of Environment and Natural Resources (DENR),
other concerned national government agencies (NGAs), and non-government
organizations (NGOs), the local government units (LGUs) shall formulate the Provincial
Strategic Forest Resource Management Framework which shall reflect a collaborative
initiative on the conservation, protection and sustainable development of forest
resources.

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SECTION 10. DEVELOPMENT OF PRODUCTION FOREST. In order to
provide adequate raw materials to meet the demands of households, infrastructure,
agriculture and industry for wood and other forest products, the following strategies
and measures shall be implemented:

a. Operationalization of Production Forest and Related Management
Functions. The provincial government shall promote and encourage
the city/municipal government for the establishment and
operationalization of communal forests, community based-forestry
projects and similar reforestation undertakings;
b. Management of Integrated Social Forestry (ISF). The Provincial
Government shall periodically conduct monitoring and evaluation of the
performance of city/municipal ISF projects;
c. Establishment of Sustainable Agro-forestry and Other Income
Generating Projects. The provincial government shall encourage agro-
forestry and other income generating support programs for the benefit
of the ISF stakeholders and other Production Forest area beneficiaries;
(E.O 263 Sec. 1 and Sec. 2)
d. Establishment of the South Cotabato Tree Enterprise Development
Program (SCTEDD). The SCTEDD shall be established as a
regular program of the provincial government intended to assist
the city and municipal government in the promotion of commercial
tree farming, harvesting, furniture and handicraft making and wood
processing enterprises;
e. Forest Resource Information Management System (FRIMS). The
provincial government shall establish and maintain a forest resource
database which shall be the basis in policy decision-making, planning,
monitoring and evaluating the forest resource management programs.
Such information system may include the following data: thematic
maps, timber inventory and other vital informations;
f. Formulation and Enforcement of Total Log Ban Policy for Naturally
Grown Trees. The provincial government, in coordination with the
DENR, shall formulate and enforce a Total Log Ban Policy for naturally
growing trees within forest lands, alienable and disposable lands and
private lands;
g. Establishment of Seed Production Area. There shall be established in
every city/municipality a Seed Production Area of dipterocarps and
other naturally growing trees, reforestation and ornamental species
which shall supplement the seed requirements of public and private
nurseries;
h. Rationalization of Community Sawmills Lumber Dealers and Wood-
Processing Plants. The establishment of community sawmills and
wood processing plants shall be regulated to ensure that only planted

Res. No. 84 – page 16 -

species shall be processed. The provincial government in coordination
with the DENR and city/municipal governments, shall establish a
system for the issuances of licenses or business permits for the
establishments and operations of community sawmills, lumber dealers
and wood-processing plants. Appropriate guidelines for its regulation
shall be promulgated therefor;
i. Registration and Monitoring on the Use of Chainsaw. The Provincial
Environment Management Office (PEMO) shall issue clearance prior to
registration of chainsaws by the DENR. In coordination with the
Department of Environment and Natural Resources (DENR), it shall
monitor the usage of chainsaws in the province. All unlawful
unregulated chainsaw operations shall be meted with appropriate
penalties in accordance with the provisions of Republic Act No. 9175;
and
j. Information and Education Campaign (IEC). The Provincial
Government through the PEMO shall, in coordination with the
City/Municipal ENROs, DENR – PENRO/CENRO and other concerned
offices and agencies shall periodically conduct IEC activities to promote
awareness and involvement in forest protection and conservation
activities by all sectors.

SECTION 11. MANAGEMENT OF PROTECTED FORESTS. In the effective
management of Protected Forests, the following strategies are hereby adopted:

a. Design measures which will ensure shared responsibilities with the national
government, particularly the DENR and the Protected Area Management
Board (PAMB), MLGU, BLGU and the communities within the area as primary
stakeholders, in securing the continuous existence of all endemic and
endangered species of flora and fauna in the province; and

b. In partnership with all concerned agencies, the Provincial Government shall
undertake programs and projects geared towards the effective management
of the protection of forests for sustainable water supply, inland habitat
protection, conservation of waterways, water basins and right-of-ways, forest
based recreation, biodiversity conservation and scientific and educational
advancement.

SECTION 12. WATERSHED MANAGEMENT AND PROTECTION. The
Provincial, City, Municipal and Barangay Governments, in the proper management and
protection of watersheds shall:

A. Identify, delineate and declare their respective watersheds. The
identification, delineation and declaration of particular areas shall be

Res. No. 84 – page 16 -

coordinated with the following government agencies:

a. The DENR for areas within public forest lands;
b. The DA and DAR for alienable and disposable lands;
c. The PAMB for watersheds within protected areas; and
d. The NCIP for areas covered by CADC, CADT and CALT.

B. All LGUs with identified and declared watersheds shall prepare their own
Watershed Management Plan, which shall include the following:

a. Comprehensive Watershed Protection Plan;

b. Short, medium and long term Vegetative Rehabilitation Program
which shall encourage the involvement of local communities within
the area;

c. Conduct of immediate census of existing occupants in the identified
watershed areas;

d. Establish Barangay Forest Protection Management Scheme, a scheme
designed to involve local people to co-manage forest resources
together with the concerned BLGU and MLGU, DENR, NCIP, among
others;

e. Prohibition of the entry of new migrants in the area and limiting the
area occupancy of existing forest occupants;

f. Introduction of sustainable alternative livelihood projects to existing
watershed occupants;

g. Sound infrastructure planning and bio-engineering intervention on
critically erodable areas;

h. Identification and delineation of key production area; adoption of
appropriate bio-dynamic and organic farming technologies for
sustainable agricultural production, with emphasis on soil conservation
and protection; and

i. The conduct of massive and sustained information-education and
advocacy campaign.

C. Identify critical watersheds and recommend appropriate strategies and
measures for immediate rehabilitation of damaged areas.

Res. No. 84 – page 16 -

SECTION 13. FOREST PROTECTION AND LAW ENFORCEMENT. Inherent
to their duties and responsibilities, the Governor/Mayors/Punong Barangays shall
provide effective leadership through:

a. Creation, operationalization and strengthening of inter-agency, inter-
municipality and multi-sectoral efforts for forest protection and law
enforcement in close collaboration with the DENR and other law
enforcement agencies;
b. Capability building for all LGU officials and personnel relative to
forestry laws, policies, rules and regulations, its implementation,
enforcement and litigation;
c. Coordination with the DENR for the periodic assessment of forestry
laws implementation and formulation of schemes to improve
enforcement;
d. Establishment of a legal desk under the Office of the Provincial
Environment Management Office (PEMO) to assist in the preparation
and filing of environment and natural resources cases; and
e. Creation and operationalization of the Multi-Sectoral Forest Protection
Committee (MFPC) in every component city/municipality.

SECTION 14. REGULATION OF PASTURE AND GRAZELANDS. Pasture and
graze lands within the Province of South Cotabato shall be identified, delineated and
regulated in accordance with existing laws. Issuance of lease agreements within these
areas shall require clearance from the Governor through the PEMO in coordination with
the Local Chief Executive of the concerned barangay/municipality/city to ensure
compliance with social acceptability and environmental standards.

SECTION 15. DEVELOPMENT OF RECREATION FORESTS. All local
government units shall be encouraged to establish community-based forest recreation
projects, such as, forest parks, botanical gardens and camping grounds.

SECTION 16. ROLE OF INDIGENOUS PEOPLE. Cognizant of the inherent
rights of the Indigenous People (IP) to enjoy to the fullest the benefits of their heritage
as provided for by the Indigenous Peoples Rights Act (IPRA), all local government units
shall ensure full participation of IPs and that their indigenous knowledge, systems and
practices are harmonized in the protection, conservation, rehabilitation, development
and management of forest resources of their respective ancestral domains.

ARTICLE II - MINERAL AND OTHER QUARRY RESOURCES

mandates, the local government units shall:

Res. No. 84 – page 16 -

A. Provincial Government -

1. Operationalize the Provincial Mining Regulatory Board;
2. Require the proponent to undertake Environmental Impact
Assessment (EIA) and to submit EIS, IEE or Project Description as
the case maybe;
3. Participate in the monitoring of any mining activity as a member of
the Multipartite Monitoring Team referred to in Section 5 of DAO
96-40, as amended (Revised IRR of RA 7942); and
4. Participate as a member of the Mine Rehabilitation Fund Committee
as provided for in Sections 182 to 187 of DAO 96-40, as amended
(Revised IRR of RA 7942).

B. City/Municipal Government -

1. Intensify information and education campaign on the economic and
environmental considerations of mineral resources utilization and
exploration; and
2. Participate in the monitoring of any mining activity as a member of
the Multipartite Monitoring Team referred to in Section 5 of DAO
96-40, as amended.

C. Barangay Government -

1. Educate the community about their participation, roles and
responsibilities in proposed projects or activities; and
2. Monitor the safety and environmental protection measures in
mining and quarrying in its respective areas.

Through this Code, the Provincial Government shall provide the following basic
services and facilities:

a) Enforcement of Provincial Ordinance No. 07, series of 2003, otherwise
known as the Small-Scale Mining and Processing Operation Ordinance
of the Province and Revenue Ordinance No. 03, series of 2005 of the
province, particularly Article 4 thereof, in consonance with Republic Act
No. 7076 ( the Small-Scale Mining Law of 1991);

b) Enforcement of Revenue Ordinance No. 03, series of 2005, of the
province, particularly Chapter III, Articles I and II relative to the
imposition of tax, fees and charges and the issuance of permits for the
extraction of sand, gravel and other quarry resources from public lands
or from the beds of seas, lakes rivers, streams, creeks and other public
waters and public lands within the territorial jurisdiction of the
province;

Res. No. 84 – page 16 -

c) Enforcement of the above-said ordinance, particularly Chapter III,
Article III, relative to the imposition of tax, fees and charges and the
issuances of permits for the extraction of guano from caves and/or
confined sites within the territorial jurisdiction of the province; and

d) Verification and adjudication of conflicts arising from the extraction of
quarry resources in public lands and privately owned lands, extraction
of guano and mineral resources. (DAO 92-30 Sec.3.4c)

SECTION 18. Cave Resources. In coordination with the DENR and other
concerned agencies, the Provincial Government shall:

a. Formulate policies and guidelines governing the management and
protection of cave resources in the province;
b. Enter into a memorandum of agreement with DENR for the
preservation, development and management of cave or caves located
in the province; and
c. Tap the cooperation of people’s and non-governmental organizations
as active partners in the conservation and protection of our caves and
cave resources. (RA 9072)

SECTION 19. GOVERNING LAWS. The pertinent mineral resources provision
of this Code shall be governed by, but not limited to, the following national laws and
regulations:

a. Republic Act 7160 otherwise known as the Local Government Code of
1991;

b. Republic Act No. 7942 (Philippine Mining Act of 1995);

c. Republic Act No. 7076 (Small-Scale Mining Law); and

d. DENR Administrative Order No. 23, series of 1995, as amended by
DAO 96-40, series of 1996 entitled “Implementing Rules and
Regulations of the Mining Act of 1995.

SECTION 20. OPERATIVE PRINCIPLE. Development of resources shall be
governed by the principle that the use of mineral wealth be based on contributions to
the economic growth and general welfare of the constituents of the province, subject to
the following terms:

a. Social acceptability shall be the foremost consideration before any
activity/operation is implemented; thus prior consultation with the local
government units concerned, civil society, IPs and other concerned
stakeholders of the community shall be made and prior approval of the local

Res. No. 84 – page 16 -

sanggunian concerned shall be obtained to ensure maintenance of an
acceptable and sound ecology;

b. There shall be a system of utilization, exploration and extraction of mineral
resources in accordance with environmental laws, rules and regulations; and

c. Mining and other quarrying activities shall be allocated to projects geared
towards sustainable environmental development.

SECTION 21. QUARRY OPERATION. Quarry resources within the province
may be operated/utilized by public or private entities only through a permit issued
exclusively by the Provincial Governor upon the endorsement of the Provincial Mining
Regulatory Board (PMRB). The permit will only be given to qualified persons; provided,
all individuals, partnership, corporations or public entities engaged in the development
and utilization of quarry resources for construction of infrastructure project, shall be
required to restore or rehabilitate the subject areas thereof or those affected thereby.

SECTION 22. REGULATORY PROVISIONS. Quarrying and extraction of
quarry materials and mineral deposits shall be governed by the following provisions:

a. Mining and quarrying activities within the Province of South Cotabato shall be
subject to prior Environment Impact Assessment, as provided under the
Philippine Environmental Impact Assessment System;

b. Open-pit mining method shall not be allowed in the Province of South
Cotabato;

c. The extraction or removal of mineral resources and other materials other
than by open pit method shall be allowed beyond a distance of one (1)
kilometer from the boundaries of reservoirs established for public water
supply, archaeological, historical sites and any public or private works or
structures; and

d. The extraction or removal of quarry resources shall be allowed except those
within one kilometer from the bridges and dams upstream and downstream.
The desiltation shall be allowed provided that a written consent is secured
from government agencies or private entities concerned.

SECTION 23. MONITORING AND EVALUATION. It shall be the
responsibility of the Provincial Environment Management Office (PEMO) in coordination
with concerned agencies to monitor and evaluate the mining and quarrying activities in
the province, for the purpose of ensuring compliance of the permittees and/or licensees
with the provisions stipulated in the permits and/or licenses issued, pursuant to existing
laws, rules and regulations. (Revised based on Section 19 of RA 7942)

Res. No. 84 – page 16 -

SECTION 24. REHABILITATION. Environmentally damaged or degraded
portions of areas subjected to quarrying and mining shall be immediately rehabilitated
by the proponent during or upon completion of operations. Said rehabilitation program
shall be included in the program of work to be submitted while securing the permit for
the operation. (Revised based on Section 19 of RA 7942)

SECTION 25. USER’S FEE. There shall be a user’s fee to be collected from
quarrying and mining operators which shall be deposited as trust fund/revolving fund
for environmental management programs.

ARTICLE III - WATER RESOURCES

SECTION 26. SCOPE OF POWERS. In the exercise of the powers, functions
and responsibilities to regulate and monitor the exploitation and utilization of the water
resources of the province, the LGUs shall:

a. Ensure effective management, protection and maintenance of small
watershed which are sources of local water supply;

b. Conduct comprehensive study on hydrological mapping of water resources;

c. Undertake immediate rehabilitation of critical watershed of irrigation systems;

d. Implement measures for safe and adequate water supply; and

e. Collect fees and charges to water users in accordance with Section 289 of RA
7160.

SECTION 27. OPERATIVE PRINCIPLES. Water resources protection,
conservation, management and utilization shall be guided by the following:

a. Water resources shall be managed:

1. primarily, to meet the basic requirement for potable water of all
residents and for sustained agricultural production;

2. secondarily, to secure the availability of adequate supplies of
water for the growing industrial, recreational and commercial
development activities;

b. Effective institution of pollution control measures to ensure safe water
supply;

Res. No. 84 – page 16 -

c. Sustainable water supply requires conservation of protection forest and
restoration of forest cover; and

d. Adopt the principle of integrated water resources management.

SECTION 28. WATER RESOURCES AND WATERSHED MANAGEMENT
PLAN. A strategic plan for the South Cotabato Watershed Network shall be formulated
and form part of the South Cotabato Provincial Environment Plan.

SECTION 29. SOUTH COTABATO WATERSHED NETWORK. The South
Cotabato Watershed Network (SCWN) is hereby created to be composed of the
watersheds of the Mt. Matutum Watershed, Allah Valley Watershed, Kabulnan
Watershed in Brgy. Ned, Marbel Watershed, the Silway-Klinan Watershed, Banga
Watershed,Tantangan Watershed, Koronadal Watershed and the Tasaday-Blit
Reservation and such other areas identified by the LGUs and DENR which shall be
managed and governed pursuant to provincial laws, rules and regulations and the on-
site management agreements, subject to pertinent laws and issuances.

SECTION 30. ADDITIONAL AREAS TO THE SOUTH COTABATO
WATERSHED NETWORK. The SCWN shall include watersheds and sub-watersheds
established by the city, municipal and provincial governments and those deemed as
strict protection zones for water sources.

SECTION 31. BUFFER ZONES. There shall be established peripheral buffer
zones of identified water sources as provided for by law, to protect the same from
activities that will result to direct or indirect damages.

SECTION 32. ESTABLISHMENT OF WATER RESOURCES TRUST FUND.
There is hereby created a Water Resources Trust Fund comprising all amounts
dominated as “share of national wealth” generated from the operation of water utilities,
corporate users, national government agencies and instrumentalities and Communal
Irrigation Systems (CIS) which shall be managed and administered by the Provincial
Government. It shall be used for the purpose of vegetative rehabilitation, livelihood
project support and capability building of watershed occupants upon the
recommendation of the Multi-Sectoral Water Resources Watershed Committee
(MSWRWC), subject to government accounting and auditing rules and regulations.

SECTION 33. PROTECTION OF RIVERBANKS, EASEMENTS, RIGHT-OF-
WAY AND GREENBELTS. The Provincial Government shall adopt adequate measures
for establishing clearance and greenbelts along river banks and lake areas as prescribed
by law, to recover easements as provided by Presidential Decree No.1067 and other
applicable laws which provides that banks of rivers and streams and the shores of the
lakes throughout their entire length and with a zone of three (3) meters in urban areas,
twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along

Res. No. 84 – page 16 -

margins are subject to easement for public use in the interest of recreation, navigation,
floatage and fishing.

SECTION 34. SEWERAGE SYSTEM. The Provincial Government shall adopt
necessary measures to ensure that all drainage systems are adequately established and
maintained to prevent the negative effects of all types of effluents on both surface and
underground water.

SECTION 35. LIQUID WASTE DISPOSAL. To avoid deterioration of the
quality of a Receiving Water Body (RWB), no industrial plant with high waste load
potential shall discharge into a body of water where the dilution or assimilative capacity
of said water body during dry weather conditions is insufficient to maintain its
prescribed water quality according to its usage and classification. Further, no person,
entity or establishment shall discharge, wholly or partially, untreated or inadequately
treated industrial effluents directly into bodies of water or through the use of bypass
canals and/or pumps and other unauthorized means.

SECTION 36. HEALTH AND SANITATION MEASURES. The Provincial
Government shall adopt appropriate measures to assist city/municipal governments
improve environmental sanitation by expanding the use of sanitary toilets for waste
disposal. Such assistance shall include direct investments in public health education
and strict enforcement of the Building and Sanitation Code.

SECTION 37. SOIL AND WATER CONSERVATION. The Provincial
Government shall assist the city and municipalities to improve soil and water
conservation techniques in agricultural and industrial activities.

ARTICLE IV - INLAND FRESHWATER RESOURCES

SECTION 38. SCOPE OF POWERS. The Provincial Government shall provide
the following inland freshwater fishery resources management and services:

a. Enforcement of Fishery Laws in municipal waters, both nationally and
locally promulgated, including the conservation of inland waters;

b. Regulation of fish ports and landing centers;

c. Assist in the Enforcement of pollution control and environmental laws,
rules and regulations;

d. Assistance to fisherfolks’ cooperatives and other organizations, schools
and training centers offering aquaculture courses in terms of the
transfer of ecological and environmental protection technology;

e. Extension and conduct of on-site research services; and.

Res. No. 84 – page 16 -

f. Deputation of Lake/River Wardens (Bantay-Lawa Bantay-Ilog).

SECTION 39. OPERATIVE PRINCIPLES. Management, protection,
conservation, and utilization of inland freshwater resources shall be guided by the
following principles:

a. Cognizant of the threats of de facto open access to the municipal
waters including Lake Sebu, Lake Seloton, Lake Lahit, and Lake
Holon, and consistent with the provisions of Article XII, Section 2 of
the Philippine Constitution, the Provincial Government shall ensure the
protection of the rights of subsistence fishing communities and
marginal fisherfolk to the preferential use of communal fishing
resources;

b. The capabilities of local government units, in the exercise of their
duties, powers and responsibilities towards proper management of
inland waters shall be enhanced;

c. The utilization, development and management of city/municipal waters
shall not jeopardize the conservation of biodiversity and preservation
of cultural heritage; and

d. Unique freshwater features and productive habitats such as fish
sanctuaries, breeding grounds, declared and delineated parks and
other lakes which are not declared as production zones in the
approved management plan shall be conserved and protected.

SECTION 40. PROVINCIAL INLAND FRESHWATER RESOURCES
MANAGEMENT FRAMEWORK. The Provincial Government shall formulate a
Provincial Inland Freshwater Resources Management Framework (IFRMF) to serve as
guide for city/municipality in undertaking, among others, the delineation, establishment,
legislation, management, maintenance and protection of their municipal waters within
six (6) months upon the effectivity of this Code.

SECTION 41. MUNICIPAL ZONING AND MANAGEMENT GUIDELINES.
In addition to the IFRMF cited in Section 39 hereof, the Provincial Government shall
formulate provincial inland freshwater zoning and management planning guidelines
which will serve as bases in formulating city/municipal inland freshwater zoning and
management plans. The plan shall be based on co-management approach where the
city/municipal government shall work with resource users and build upon existing laws,
particularly in the institutionalization of the Fisheries and Aquatic Resource Management
Councils (FARMCs).

SECTION 42. DELINEATION OF CITY/MUNICIPAL WATERS. The
Provincial Government, in collaboration with the city and municipal governments and

Res. No. 84 – page 16 -

concerned national government agencies, shall complete the delineation of municipal
waters in their respective areas within two (2) years upon the effectivity of this Code.

SECTION 43. COMMUNITY PARTICIPATION AND INTEGRATION OF
NATIONAL AGENCIES. Management of the freshwater resources and city/municipal
waters shall be undertaken by communities in close collaboration with the
national/city/municipal/barangay governments and the civil society.

SECTION 44. ESTABLISHMENT OF THE SOUTH COTABATO INLAND
WATERS AND RIVER SYSTEMS DEVELOPMENT BODY (SCIWRSDB). The
Provincial Government shall work with concerned municipalities, other government
agencies and the civil society for the establishment of the South Cotabato Inland
Waters and River Systems Development Body (SCIWRSDB) as the overall management
and planning center of present and future initiatives and interventions for the
rehabilitation and development of the province’ inland waters and river systems.

SECTION 45. ENVIRONMENTAL IMPACT ASSESSMENT (EIA). All inland
freshwater projects are subject to EIA in coordination with PEMO.

ARTICLE V - SUSTAINABLE AGRICULTURE DEVELOPMENT

SECTION 46. SCOPE OF POWERS. In the exercise of its powers, functions
and responsibilities, the LGU among others shall prescribe measures to safeguard the
environment and natural resources, by promoting rural development through
sustainable agriculture within their respective areas of jurisdiction through:

a. Promotion and development of environmentally sound and
economically viable agricultural production systems for both lowland
and upland ecosystems, preferably of organic, diversified and
integrated agriculture, in reference to; and consistent with; existing
Barangay Development Plans and Comprehensive Land Use Plans;

b. Provision of efficient support services and incentives to farmers
practicing sustainable agriculture and to strengthening the
participation of; and cooperation among: concerned entities such as;
the Department of Agriculture, Local Government Units, civil society,
the academe and other stakeholders;

c. Establishment of Geophysical Information System (GIS)-based
Resource Management Information System (RMIS) as a tool in the
assessment on the impact of existing agricultural production systems
to the agricultural resource base in the province and as basis for the
formulation of Sustainable Agriculture Master Plan (SAMP); and

Res. No. 84 – page 16 -

d. Creation and capacitation of community-based agricultural extension
teams through:

1. Establishment of community learning centers for appropriate
technologies;
2. Diversified Farming System including use of short-term, medium-
term and long-term crops and propagation of small livestock
production;
3. Promotion of Soil and Water Conservation measures in both
lowland and upland areas;
4. Enforcement of laws and ordinances banning or regulating the use
of synthetic chemical agricultural inputs;
5. Adoption of the Sloping Agricultural Land Technology (SALT) in the
rolling areas; and
6. Maximize recycling of agricultural waste, minimize external inputs
and optimize internal inputs.

SECTION 47. OPERATIVE PRINCIPLES. Policies on agricultural/cropland
resources in the Province are anchored on the following operative principles:

a. The integrity and carrying capacity of the agricultural resource base,
especially land, water and genetic resources of both plant and animals
shall not be degraded in the process of development;

b. Inclusion of sustainable agricultural development practices as essential
component of agro-ecological considerations towards maximum
productivity and profitability;

c. Policy of piloting or on-the-ground testing as an essential requisite for
adaptability, adoptability, efficiency in local situations and bias for the
environment for acceptability and utilization of research-based
generated technologies;

d. Policy decisions are based on studies on biological limits and scientific
result of agricultural and natural resource productivity;

e. Access and autonomy in the management of common resource such
as water and biodiversity of domesticated animal and plant genetic
resources in agriculture shall be assured;

f. Environmental management tools shall be adopted in policy and
decision-making for all stages of economic productivity;

g. Environmental protection is a shared responsibility of all;

Res. No. 84 – page 16 -

h. Environment-friendly and location-specific technologies in sustainable
agriculture shall be promoted;

i. In agricultural genetic engineering, precautionary principle must
always be upheld; and

j. Food self-sufficiency and security shall be of utmost consideration in all
economic and development activities.

SECTION 48. AGRICULTURAL POLICY REVIEW AND AGRICULTURAL
IMPACT ASSESSMENT. The Office of the Provincial Agriculturist (OPA), in
collaboration with research institutions and concerned agencies, shall conduct a
comprehensive survey, benchmark study and assessment of the impact of agriculture to
various ecosystems every five (5) years, or as the case so require, shall be the basis in
the conduct of agricultural policy review.

SECTION 49. PROVINCIAL SUSTAINABLE AGRICULTURE MASTER
PLAN. Within one (1) year upon the approval of this Code, the Office of the Provincial
Agriculturist shall formulate a Provincial Sustainable Agriculture Master Plan (PSAMP).

SECTION 50. PLANT AND ANIMAL GENETIC RESOURCE BASE. The
Province of South Cotabato shall assist, support, encourage and access South Cotabato-
based institutions of higher learning offering agriculture courses to establish their own
Gene Bank of indigenous species, traditional varieties and cultivars of rice, corn and
other food crops, as well as a data bank of indigenous knowledge systems and practices
related to traditional farming inherent to the people.

SECTION 51. PROTECTION FOR SMALL FARMERS. There shall be an Agri-
Business Section in the Office of the Provincial Agriculturist that is responsible for
marketing information and networking with informal and institutional buyers, to
facilitate information dissemination of farm and other products to producers and
potential market outlets. The section shall ensure that small farmers are protected
from exploiters from among the traders, financiers or any market forces or groups.

SECTION 52. CONSERVATION OF ANIMAL AND PLANT GENETIC
RESOURCES. There shall be a program for breeding, conservation and sustainable
utilization of animal and plant genetic resources for food and sustainable agriculture in
the province through the process of participatory technology development which shall
be managed and directed towards the primary stakeholders, the farmers.

SECTION 53. MARKETING SUPPORT. Special Marketing and Promotions
support mechanisms for all programs under this Article shall be provided by the South
Cotabato Investment and Promotion Center (SCIPC) in coordination with concerned
government agencies and LGUs.

Res. No. 84 – page 16 -

SECTION 54. SOUTH COTABATO ORGANIC CERTIFICATION COUNCIL.
There is hereby created the South Cotabato Organic Certification Council (SCOCC)
composed of civil society representatives and concerned government agencies with the
responsibility of undertaking certification of organic products and the accreditation of
organic producers.

ARTICLE VI - WILDLIFE, GENETIC RESOURCES AND BIODIVERSITY

SECTION 55. SCOPE OF POWERS. In the exercise of their powers, functions
and responsibilities, the LGUs shall enforce biodiversity conservation and formulate
legislation for the protection of species of flora and fauna endemic to the province.

SECTION 56. OPERATIVE PRINCIPLES. Policies on wildlife, genetic
resource and biodiversity conservation, protection and development in the province
shall be guided by the following operative principles:

a. The integrity and carrying capacity of resource base, especially genetic
resources of both plant and animals shall not be degraded in the process of
development;

b. Policies shall be based on studies of biological limits of natural resource
capacity, resilience and renewability;

c. Environmental protection especially of wildlife habitat, niche and genetic
biodiversity belts shall be viewed by all as a shared responsibility;

d. Biological diversity shall be conserved through institutional support and direct
involvement of local communities especially the Indigenous Peoples; and

e. The Precautionary Principle shall at all times be upheld in the face of
contentious issue of genetic-based erosion and genetic pollution vis-a-vis
transgenic organisms through genetic engineering.

SECTION 57. RESOURCE PROFILING. The Provincial Government in
coordination with concerned government agencies and Civil Society Organizations
(CSOs) shall conduct resource profiling of existing vegetative cover, endemic species of
flora and fauna, particularly threatened and endangered species, as well as their
important habitat, nesting and breeding sites.

SECTION 58. DECLARATION OF THE SPECIFIC AREAS/HABITATS AS
GAME REFUGE AND WILDLIFE SANCTUARY. The Provincial Government shall
coordinate with concerned agencies in the identification of specific areas within its
territorial jurisdiction, which shall be declared as game refuge and wildlife
sanctuary/ies.

Res. No. 84 – page 16 -

SECTION 59. SANCTUARY FOR PHILIPPINE EAGLE, TARSIER AND
OTHER ENDANGERED AND ENDEMIC SPECIES. Each city/municipal government
shall identify and delineate habitats for endangered and endemic species in their
localities. Appropriate ordinance shall be passed declaring sanctuaries for the same as
well as the establishment of refuge and rescue centers.

SECTION 60. REGULATION OF PROSPECTING BIOLOGICAL AND
GENETIC RESOURCES, THEIR BY-PRODUCTS AND DERIVATIVES FOR
COMMERCIAL, SCIENTIFIC AND OTHER PURPOSES. All individuals and business
entities engaged in the prospecting of biological and genetic resources, their by-
products and derivatives for scientific and other purposes shall be subject to existing
rules and regulations for said purposes. The Provincial Government shall formulate
policies and regulations for the protection and conservation of endemic species and
habitat diversity protection. Such policies shall give priority for the promotion of local
capability and indigenous knowledge systems, science and technology.

SECTION 61. PROVINCIAL GENETIC RESOURCES BIODIVERSITY AND
SEED BANK. The Provincial Government, in collaboration with the DENR, local
research centers, appropriate government research centers, concerned government
agencies and civil society organizations shall establish, operate and manage
community-based “in-situ” and “ex-situ” Provincial Genetic Resources Biodiversity and
Seed Bank.

SECTION 62. PARTICIPATION OF THE INDIGENOUS PEOPLES IN
BIODIVERSITY PROTECTION. The Provincial Government, in recognition of the
natural link of Indigenous Peoples to nature, shall harness their participation in the
protection of genetic biodiversity resources from extinction and biopiracy.

CHAPTER III - ENVIRONMENT MANAGEMENT

ARTICLE I - ECOLOGICAL SOLID WASTE MANAGEMENT

mandate, the local government units shall:

a. Establish a solid waste management system that promotes waste reduction,
segregation, reusing, recycling, recovery and composting;

b. Provide services and facilities related to general hygiene and sanitation,
beautification, and solid waste collection particularly on compostable and
recyclable wastes;

Res. No. 84 – page 16 -

c. Ensure the proper segregation, collection transport, storage, treatment, and
disposal of solid waste through the formulation and adoption of the best
environmental practices;

d. Enforce pollution control laws and other laws for the protection of the
environment in coordination with other agencies; and

e. Formulate and enforce solid waste management in conformity with R. A. 9003
“ Ecological Solid Waste Management Act of 2000”.

SECTION 64. OPERATIVE PRINCIPLES. The initiatives of the Provincial
Government on general hygiene and sanitation, environment protection and sustainable
development shall be governed by the following principles:

a. The people have the right to a balanced, beautiful and healthful environment;

b. Efficient management of solid waste shall be a shared responsibility of the
populace and government; and

c. Sustainable ecological solid waste management shall be guided by the 3Rs:
Reduce, Reuse and Recycle.

SECTION 65. PROVINCIAL SOLID WASTE MANAGEMENT PLAN. The
Provincial Government, through the Provincial Solid Waste Management Board, shall
formulate a 10-year Provincial Solid Waste Management Plan based on thorough
evaluation of the existing best practices and/or the solid waste management plans of
the barangays and municipalities/city.

SECTION 66. MONITORING, EVALUATION AND UPDATING. The
Provincial Government shall oversee the implementation of the Provincial Solid Waste
Management Plan and regularly assess solid waste management within the province
through periodic monitoring and evaluation of the plan’s implementation. Further, the
local government units shall undertake parallel activities through their respective Local
Solid Waste Management Boards and committees.

SECTION 67. LOCAL WASTE CHARACTERIZATION SCHEME. The
Provincial Government shall enforce compliance of the LGUs in the characterization of
waste in its jurisdiction.

SECTION 68. PROVINCIAL SOLID WASTE DIVERSION TARGET. The
Provincial Government shall enforce the mandated solid waste diversion target of 25%
of all solid wastes from waste disposal facilities through the 3Rs approach, and adopt
waste diversion target set by the National Solid Waste Management Commission
(NSWMC).

Res. No. 84 – page 16 -

SECTION 69. CLOSING OF OPEN DUMPS AND GRADUAL PHASING
OUT OF CONTROLLED DUMPS FOR SOLID WASTE. The Provincial Government
shall assist the lower LGUs in the closing of open dumps and gradual phasing out of
controlled dumps and the establishment of sanitary landfill or cluster sanitary landfills.
That the LGUs shall appropriate funds to support the establishment and operation of
sanitary landfill.

SECTION 70. IDENTIFICATION OF AREAS AND LGUs WITH COMMON
SOLID WASTE MANAGEMENT PROBLEMS. The Provincial Government, through
the Provincial Solid Waste Management Board, shall identify areas and LGUs with
common solid waste management problems, in accordance with existing guidelines, and
integrate the existing 10-year Solid Waste Management Plans of concerned LGUs.

SECTION 71. SUPPORT TO COMPONENT CITIES/MUNICIPALITIES. The
Provincial Government may provide or augment the basic services and facilities
assigned to lower level LGUs when such services or facilities are not available or
inadequate to meet the requirements of its constituency. Likewise, component
municipalities and city shall assist barangay LGUs and ensure that segregation and
collection of wastes are implemented at the barangay level.

SECTION 72. SUPPORT TO ECONOMIC ENTERPRISE. The Provincial
Government shall extend technical support to cooperatives, individuals and entities who
shall engage in project/enterprise that will complement the efforts of LGUs in mitigating
solid waste management problems, subject to reasonable guidelines.

SECTION 73. PENALTIES AND ADMINISTRATIVE SANCTIONS.
Imposition of penalties and administrative sanctions for violations of the provisions of
RA 9003, specifically Sections 88, 49 & 50 and the solid waste management ordinance
shall be determined by the respective City/Municipal Sanggunian.

ARTICLE II - AIR QUALITY, WATER QUALITY AND NOISE
POLLUTION MANAGEMENT

SECTION 74. SCOPE OF POWERS. In the exercise of their inherent powers,
the local government units shall:

a. Monitor air quality, water quality and noise pollution management of
industries, motor vehicles, slaughterhouses, markets, agri-industries, hotels,
businesses and other activities that contribute to pollution;

b. Implement measures to prevent and control, air, water and noise pollution in
coordination with LGUs and other agencies/offices;

c. Enact measures for the abatement of air, water and noise pollution; and

Res. No. 84 – page 16 -

d. Enforce air, water and noise pollution control laws, rules, and regulations.

SECTION 75. OPERATIVE PRINCIPLES. The policies on air quality, water
quality and noise control management shall be governed by the following:

a. Air/water quality and effective noise management are imperatives to
authentic human development and progress; and

b. Maintenance of air/water quality and noise control is a shared responsibility
of all stakeholders.

SECTION 76. VEHICLE EMISSION CONTROL. The Provincial Government,
in collaboration with the Department of Transportation and Communication (DOTC),
Land Transportation Office (LTO) and Department of Environment and Natural
Resources (DENR), shall establish a monitoring system to ensure that the emissions of
vehicles operating within the province are in accordance with the approved air quality
standards.

SECTION 77. POLLUTION CONTROL. Industrial, commercial firms and other
pollution point sources operating in the province shall comply with the air/water quality
standards prescribed by law.

SECTION 78. SMOKING REGULATION. The LGUs shall enforce the
prohibition of smoking in public places and ensure that the owner, proprietor,
possessor, manager or administrator of such places has established or establishes
smoking areas pursuant to Republic Act No. 9211.

SECTION 79. MONITORING. A Multi-Sectoral Monitoring Team is hereby
created to monitor the compliance of industrial and commercial firms with the air
quality standards and to respond to complaints on air, water and noise pollution.

SECTION 80. BAN ON BURNING. Burning of any material contributory to air
and water pollution shall be banned except for traditional small-scale method of
community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health and
food preparation and crematoria.

SECTION 81. ZONING CLEARANCES AND BUILDING PERMITS. The
city/municipal governments shall be responsible in enforcing compliance with zoning
and building regulations in all infrastructure projects and other economic activities
which may generate air, water and noise pollutions.

SECTION 82. MANAGEMENT OF AIRSHEDS AND NON-ATTAINMENT
AREAS. The South Cotabato Air Shed Governing Board (SCAGB) is hereby created

Res. No. 84 – page 16 -

which shall perform the following functions:

a. Formulation of policies;
b. Preparation of a common action plan;
c. Coordination of functions among its members; and
d. Submission and publication of an annual air quality status report for each
airshed.

In coordination with other appropriate government agencies, the LGUs shall
prepare and implement a program and other measures including relocation and
indemnification, whenever necessary, to protect the health and welfare of residents in
the area. (Sec. 9 and 10 of RA 8749)

SECTION 83. BAN ON PERSISTENT ORGANIC POLLUTANTS (POPs).
The processing, sale, distribution, use and disposal of Persistent Organic Pollutants
(POPs) and mixtures to include organochlorine pesticides such as but not limited to
aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane; and
organochlorine by-products such as hexachlorobenzene, dioxins and furans shall be
prohibited unless a special permit from concerned government agencies shall be
secured because of the exigency of use of such material. (UNFCCC and the Kyoto
Protocol)

SECTION 84. REDUCTION OF GREENHOUSE-CAUSING GAS EMISSIONS.
Together with concerned agencies, the Provincial Government shall fully implement
plans and programs to reduce greenhouse-causing gas emissions from deforestation,
industrial activities, motor vehicles, waste management practices and intensive
agriculture.

SECTION 85. PHASE-OUT OF OZONE DEPLETING SUBSTANCES (ODS).
Pursuant to the Stockholm Convention of 2001, the Provincial Government, together
with concerned agencies, shall implement plans to phase-out ozone-depleting
substances which are known to cause harmful effects on the ozone layer, and enforce
the ban on persistent organic chemicals.

SECTION 86. SEWERAGE SYSTEM. The Provincial Government in
coordination with other agencies shall adopt necessary measures to ensure that all
drainage systems are adequately established and maintained to prevent flooding and
the negative effects of all types of effluents on both surface and underground water.

SECTION 87. LIQUID WASTE DISPOSAL. To avoid deterioration of the
quality of a Receiving Water Body (RWB), no industrial, commercial and agricultural
plants with high waste load potential shall discharge into a body of water where the
dilution or assimilative capacity of said water body during dry weather conditions is
insufficient to maintain its prescribed water quality according to its usage and
classification. Further, no person, entity or establishment shall discharge, wholly or

Res. No. 84 – page 16 -

partially, untreated or inadequately treated industrial effluents directly into bodies of
water or through the use of bypass canals and or pumps and other unauthorized means
of disposal.

SECTION 88. HEALTH AND SANITATION MEASURES. The Provincial
Government shall adopt appropriate measures to assist city/municipal governments in
improving environmental sanitation by expanding the use of sanitary toilets for waste
disposal. Such assistance shall include direct investments in public health education
and strict enforcement of the Building Code.

SECTION 89. ZONING IN THE USE OF PYROTECHNICS AND
FIRECRACKERS. The use of pyrotechnics and firecrackers, especially during
celebrations and special events, must be regulated. It shall be the responsibility of the
respective sanggunians of the component city and municipalities, in consultation with
all concerned sectors, to pass an ordinance designating specific areas where the
manufacturing of pyrotechnics and firecrackers shall be done, away from residential
areas in the community.

SECTION 90. NOISE LEVEL REGULATION AND MONITORING. The
city/municipal governments and concerned agencies shall strictly regulate and monitor
the operation of all noise-producing equipment such as; but not limited to; construction
and transportation equipment, stationary engines, electrical, electronic and similar
equipment and contrivances to ensure that the generated noise and vibration levels are
within the noise level standards.

SECTION 91. INFORMATION, EDUCATION AND ADVOCACY. The
Provincial Government shall assist the city/municipal LGUs, in cooperation with the
academe, civil society and the business community, in the implementation of continuing
information and education campaign to encourage awareness and vigilance among the
citizenry on air/water quality and noise pollution management.

ARTICLE III - CLIMATE CHANGE AND DISASTER RISK REDUCTION

mandates, the:

A. Provincial Government of South Cotabato shall:

1. Provide technical assistance, enforcement and information management in
support of municipal and city climate change action plans; (Sec. 14, RA 9729)
2. Maximize the inter-local government unit collaboration in the conduct of
climate-related activities;
3. Appoint the Provincial Environment Management Office (PEMO) for the
formulation and implementation of the provincial climate change action plans;
(Sec. 18, RA 9729)

Res. No. 84 – page 16 -

4. Allocate from its annual appropriations adequate funds for the formulation,
development and implementation, including training, capacity building and
direct intervention of its climate change programs and plans; (Sec. 18, RA
9729)
5. Conduct, through the Provincial Environment Management Office (PEMO),
public awareness campaigns on the effects of climate change and energy-
saving solutions to mitigate these effects, and initiatives, through educational
and training programs and micro-credit schemes, especially for women in
rural areas;
6. Regularly update its action plan to reflect changing social, economic and
environmental conditions and emerging issues;
7. Furnish the Climate Change Commission established under RA 9729 with
copies of its action plans and all subsequent amendments, modifications and
revisions thereof, within one (1) month from its adoption;
8. Mobilize and allocate necessary personnel, resources and logistics to
effectively implement its climate change action plans; and
9. Coordinate with the national government agencies concerned in technical and
financial assistance to LGUs, in accomplishing Local Climate Change Actions
Plans.

B. City and Municipal Governments shall:

1. Consider climate change adaptation and mitigation as one of their regular
functions;
2. Formulate, plan and implement their respective climate change action plans
consistent with the provincial action plan;
3. Appoint the person responsible for the formulation and implementation of
their local action plan; (Sec. 18, RA 9729)
4. Conduct, through their respective City/MunicipaL Environment and Natural
Resources Office (C/MENRO), public awareness campaigns on the effects of
climate change and energy-saving solutions to mitigate these effects, and
initiatives, through educational and training programs and micro-credit
schemes, especially for women in rural areas;
5. Regularly update their respective action plan to reflect changing social,
economic and environmental conditions and emerging issues;
6. Furnish the Climate Change Commission established under RA 9729 with
copies of its action plans and all subsequent amendments, modifications and
revisions thereof, within one (1) month from its adoption; and
effectively implement its action plans on climate change.

C. Barangay Government shall:

1. Be directly involved with the city and municipal governments in prioritizing
climate change issues and in identifying and implementing best practices and
other solutions; and

Res. No. 84 – page 16 -

effectively implement its climate change action plans.

SECTION 93. OPERATIVE PRINCIPLES. Cognizant of its share in the
country’s participation to the UN Framework Convention on Climate Change (UNFCC),
the provincial government adopts the following:

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

SECTION 94. LOCAL CLIMATE CHANGE ACTION PLAN. The local
government units shall be the frontline agencies in the formulation, planning and
implementation of climate change action plans in their respective areas consistent with
the provisions of the Local Government Code, the United Nation Framework on Climate
Change, and the National Climate Change Action Plan. (Section 14, RA 9729). In the
development and implementation of the Local Climate Change Action Plans, the LGUs
shall coordinate with the national government agencies, local disaster coordinating
councils, non-government organizations (NGOs), civic organizations, academe, people’s
organizations, the private and corporate sectors and other concerned stakeholder
groups.

SECTION 95. FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE
CHANGE AND DISASTER RISK REDUCTION. Consistent with the National
Framework Strategy, the LGUs shall formulate their respective Local Plan and Program
on Climate Change and Disaster Risk Reduction as basis for planning, research and
development, extension and monitoring of activities to protect vulnerable communities.
The Plan shall be formulated based on climate change and disaster vulnerabilities,
specific adaptation needs and mitigation potentials. (Sec. 14, RA 9729)

South Cotabato Environment Code

South Cotabato Environment Code

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