Documente Academic
Documente Profesional
Documente Cultură
523
Series of 2003
AN ORDINANCE APPROVING AND ENACTING THE ENVIRONMENT CODE OF THE
CITY OF MALAYBALAY.
TABLE OF CONTENTS
CHAPTER 1: GENERAL PROVISIONS....................................................................5
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
1. TITLE5
2. STATEMENT OF PURPOSE......................................................................4
3. BASIC PRINCIPLES.................................................................................4
4. MANAGEMENT DIRECTION......................................................................6
5. GOVERNING LAWS ................................................................................6
6. DEFINITION OF TERMS...........................................................................7
35.
36.
37.
38.
39.
40.
SECTION 41.
SECTION 42.
SECTION 43.
SECTION 44.
62.
63.
64.
65.
66.
67.
68.
69. PENALTIES.........................................................................................42
70. PLEA-BARGAINING AGREEMENT..........................................................42
71. NATIONAL LAW AND ORDINANCE.........................................................42
72. ADMINISTRATIVE SANCTIONS...............................................................42
CHAPTER 10:
SECTION
SECTION
SECTION
SECTION
SECTION
73.
74.
75.
76.
77.
MISCELLANEOUS PROVISIONS.................................................43
POLLUTER PAYS PRINCIPLE...............................................................43
FINANCING THE CODE.......................................................................43
PROGRESSIVE AND SUSTAINED LAND MANAGEMENT ...........................43
COMMUNITY ADOPTION OF RIVERS AND OTHER W ATER BODIES..........44
FUNDING W ATER RESOURCE DEVELOPMENT AND MANAGEMENT.......44
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ABSENT : N o n e
---------------- ----------------------EXPLANATORY NOTE
Authored by: Hon. Wilfredo M. Bides
In June 6, 1977, President Ferdinand E. Marcos, issued Presidential Decree
1152, otherwise known as the Philippine Environment Code. This was in cognizance of
the urgent necessity of managing and maintaining the environment and the ecosystem
as a whole.
This was further emphasized 15 years later during the United Nations
Conference on Environment and Development (Earth Summit) attended by 178, in Rio
de Janeiro, Brazil.
Agenda 21 of the Earth Summit covered concerns on environmentally safe and
sustainable development and the necessary action that will have to be undertaken by
governments to prevent further destruction/deterioration of the environment and ensure
a sustainable utilization of natural resources.
The Local Government code (RA 7160) provided for the devolution to local
government units the responsibility of environment management and the maintenance
of ecological balance. Hence the necessity for a local environment code which will
serve as a legal policy framework and a basis for an effective exercise of the local
governments regulatory powers over the environment and to ensure that the
ecosystem is sustained.
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through equitable access to goods and resources for the present and future
generations.
f)
Public Participation.
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It shall be the policy of the City Government to ensure, for the benefit of its
people of the present and future generations, the efficient utilization, disposition and
management on a sustainable basis of its environmental resources. The underlying
purpose of the enactment of measures to protect the environment, seen in its broadest
socio-economic sense, is to enable the citizens to critically understand the potentials
and challenges facing the management of the resources and to mobilize local efforts
towards the desired objectives. Environmental legislation should not be limited to the
direct curtailment of activities and processes that are inimical to the preservation of the
environment, but more importantly, it should guide the people and enable them to react
to and comply with the purpose of the legislative measure. Environmental management
is not the management of resources per se, but it is, to a great extent, the management
of people.
Thus the city shall pursue to the highest extent possible, in support of the
government thrust on Environmental Management endeavors to achieve a sound and
ecologically balanced environment that can be enjoyed by the people.
Section 5.
Governing Laws
This Code shall be governed by, but not limited to, the following national laws:
a)
PD Nos. 1151, 1152 & PD 984 the National Pollution Control Decree of
1976
b)
c)
d)
e)
Republic Act No. 8479 the Philippine Clean Air Act of 1999.
f)
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liquids at standard conditions and which are used as dissolvers, viscosity reducers
or cleaning agents.
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13. Aquatic Pollution - the dumping of solid, liquid and hazardous waste into rivers,
streams lake, ponds and other bodies of water which are harmful to the aquatic
resources.
14. Aquatic Resources living resources of the aquatic environment, like fish,
crustaceans, snails, clams, watergrass, moss and other living organisms vital to
biodiversity.
15. Fishery activities -related to the act or business of gathering, culturing, preserving
and marketing of fish and other aquatic products.
16. Illegal Fishing Methods manner of fishing which cause damage to the ecological
processes and habitat of aquatic life and its neesdless depletion. This include the
use of dynamite and other explosive devices, toxic chemicals and electrical
gadgets.
17. Water Bodies include rivers, streams, books, creeks, lakes, ponds, marches,
springs and subterranean water within the territorial jurisdiction of the city.
18. Subterranean Waters water found underground in acquifers.
19. Agricultural Land lands which are neither classified as public domains, mineral
land or national park.
20. Alienation, Disposition or Concession any of the modes authorized by the Land
Code of the Philippines for acquisition, lease or use of lands of the public domain
other than forest, mineral or national park.
21. Assisted Natural Regeneration (ANR) the process of rehabilitating denuded
forest lands by taking advantage of trees already growing in the area. This usually
involved the following activities:
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animals and plants therein and to provide enjoyment from these features in the
area.
35. Natural Park a relatively large area not materially altered by human activity where
extractive resources uses are not allowed and maintained to protect the
outstanding natural and scenic areas of natural growth for scientific, educational
and recreational uses.
36. NIPAS the National Integrated Proctected Area System is the classification and
administration of all designated proctected areas to maintain essential ecological
processes and life-support, to preserve genetic diversity, to ensure sustainable use
of resources found therein, and to maintain their natural conditions.
37. Population, Resource and Environmental Balance a condition where there is
harmonious
interaction
between
and
among
population,
resources
and
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construction
of
infrastructure;
seedling
production;
site
preparation;
viability of these resources are being threatened by a host of pressures. These include
increasing population growth, over-extraction of resources, increasing affluence and
changing consumption patterns, growth of human settlements and industries, and the
generation of wastes.
Agricultural land and its productivity is being lost irretrievably thorough
conversion to other land use, degradation of top soil and the erosion of soil nutrients.
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Lands and land dependent resource are extracted, used up and dissipated at levels
beyond the natural capacity of the resources to regenerate, disturbing and altering the
ecosystem which is vital to human survival.
Section 8. Basis for Action
Section 2c of the Local Government Code (RA 7160) stipulates the role of local
government units in ensuring the sustainability of the resource base and maintenance
of ecological balance. Section 17 of the same law outlines the basic services that local
government units are mandated to provide to their constituents consistent with the
attainment of general welfare in all aspects, while Section 447 spells out the regulatory
functions of the local government in the proper management of land resource within
their jurisdiction..
The 1992 National Integrated Protected Area System Act (RA 7586) sets the
guidelines for the conservation of different categories of protected areas. PD 856, the
Sanitation Code of the Philippines, prescribes the national standards for a broad range
of activities. Such standards include those for sewage and refuse disposal, industrial
hygiene, including sanitation standards for bus terminals and other public transport
terminals, public bathing places, and similar public facilities.
The City Government shall establish a tripartite body under the City
Environment Office hereinafter created and shall be composed of representatives from
the City Government, non-governmental and civil society organizations, and the private
sector to ensure effective land use management in the city.
Section 9. Production Land Use
Food security for all is the main goal of production land use. However, the
allocation of land for productive purposes must be such to ensure that the negative
consequences of production and utilization shall be balanced with measures to improve
the lands capacity to resuscitate and sustain its natural and nurturing processes
consistent with sound environmental management.
management planning and dynamic policy formulation, the City Government shall
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shall
conduct
continuing
resource
The City
accounting
and
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the
community
in
the
practices
of
tourists
and
tourism
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c) Declare as protected areas those outside the coverage of NIPAS but found
to be ecologically fragile. These areas shall be classified under such NIPAS
category such as strict nature reserve, natural park, wildlife sanctuary,
resource reserve, protected landscape and seascape.
Appropriate
Open
space
in
residential
and
commercial
areas,
street
islands,
Such
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Section 16. Guidelines in the Utilization of Natural Grown and Planted Trees
The City government shall pass an ordinance, banning cutting of natural grown
trees within timberland and private lands of its territorial jurisdiction, unless such cutting
shall become extremely necessary and the desired cutting permit is granted by the
DENR.
Utilization of planted trees within timberland covered with territorial instruments
and within p1rivate lands requires cutting permit and certification, respectively from
DENR. The City Government, in coordination with DENR shall strictly monitor and
evaluate the cutting operation. Any observations/findings shall be the basis in policy
review as an aid in legislation.
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reserve, resource reserve, city parks, wildlife sanctuaries, or any area of the public
domain, shall be banned or regulated depending on their stock condition. Species
which are unique or endemic to the City, and species whose existence is considered
endangered and threatened, shall be fully protected and the taking, capture, or even
the disturbance of the habitats of said species shall be banned.
The protection and conservation of bio-diversity shall be a primary concern of
the City Government.
programs and projects implemented. The initial concerns shall include the following:
a) Ban the gathering, cutting, hunting, and possession of ecologically
significant flora and fauna;
b) Establishment of seedbanks and nurseries for the propagation, improvement
and replenishment of ecologically and economically significant flora;
c) Rehabilitation and protection of fragile and important habitats of wildlife and
other endemic species;
d) Establishment and maintenance of wildlife sanctuaries of endemic species.
e) Conduct
of
comprehensive
community-based,
multi-media
education
contracting local government units shall train people who are strategically located in the
community and who shall be deputized to enforce appropriate laws or ordinances.
Indigenous peoples organizations shall also be tapped and mobilized in their
respective cultural communities.
areas, with the approval of the DENR, and the necessary reforestation and
conservation measures shall be instituted.
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Mangasa, Dalwangan (for bird watching) and Mt. Dulang-dulang (for mountain
climbing).
Section 25. Maintenance of Productivity of Agricultural Lands
balance
through
the
conduct
of
appropriate
extension
services,
pursued, specifically for the development of thematic maps based on aerial or satellite
photographic interpretations of the National Mapping and Resource Inventory Authority
(NAMRIA) and geodetic land use distribution maps.
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industrial zones and that necessary and appropriate safety net measures shall be
established or incorporated in the citys comprehensive development plan to minimize,
if not avoid, undesirable demographic consequences from occurring.
Adequate and efficient waste treatment facilities and effluent discharge system
shall be built into the development plans of industrial establishments or estates
established in the city. The absence of such waste disposal and management systems
in the industrial development plan shall be sufficient ground for the denial of application
for permit to operate.
Section 29.
All business establishments within the urban center of the city shall be subject to
an environmental monitoring system, which will be devised and implemented.
The
Open Spaces
Green areas shall be established as essential measures to reduce noise
pollution, absorb excessive carbon dioxide emissions, and to provide spaces for
recreation, cultural activities and relaxation.
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A policy of eco-system
awareness shall be promulgated to maintain the ecological assets that form the very
basis of the tourism industrys existence.
a) Strict anti-littering campaign shall be imposed and ensure that all facilities
are adequately equipped with proper sewage disposal systems;
b) Construction of facilities and infrastructure shall be in designated zones only,
to avoid destruction or alteration of wildlife habitats;
c) Undertake, as may be appropriate, the rehabilitation of rivers, streams,
creeks, springs, ponds, marshland and other bodies of water to preserve the
flora and aquatic life in these areas.
The exploration and development of caves and waterfalls within the Citys
territory shall be governed by rules and regulations issued by the DENR, Department of
Tourism, and other national government agencies concerned.
Section 32. Greening of Roadside and Open Spaces
As much as practicable, roadsides shall be planted to suitable ornamental or
shade trees. Site development plans for proposed subdivisions shall include therein
the planting of trees on roadsides and open spaces as one of the requisites for the
approval of development plan permit.
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Section 34. Extraction of Mineral Resources (Sand and Gravel, Limestone and
Clay)
Extraction of sand and gravel, limestone and clay shall be regulated according
to the sustainability of the resource base.
consideration that such extraction activity shall not, in any way, impede, disrupt or alter
the natural flow of the river system or cause environmental hazards. For purposes of
effective
regulation
and
ensuring
compliance
to
environmental
sustainability,
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and tourism; research and development; waste disposal; and all human
settlement activities.
society organizations and the private sector to initiate related development activities.
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g) Recognize and respect the role of indigenous peoples in the protection and
management resources
Section 37. Authority to Grant and Regulate user Privileges
The City Government, consistent with the guidelines of National Water
Resources Board (NWRB), shall require all users of water resources to apply for permit
prior to their operation. This privilege of the community stakeholders to utilize water
resources on a sustainable basis shall be exercised under the notion that the grantee,
licensee, or permittee thereof shall not only be a privileged beneficiary of the local
government but also an active participant and partner of the City Government in the
development, conservation and management of the aquatic resources being used.
Such provisions shall also be based on appropriate fees, levies and other charges that
are computed on the basis of economic rents and other cost can be imposed as a
result of the use of resources.
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waters, and all other surface waters that flow continuously or intermittently over lands.
This classification shall be for domestic consumption, irrigation, power generation,
fisheries, livestock raising, industrial application, recreational uses, and ecotourism
and for other uses that the City Government may deem socially beneficial and
ecologically sound.
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It shall enact
ordinances that:
a) Require all agro industrial establishments within the City to construct and
maintain a wastewater treatment plan;
b) Require
resource-users
precautionary
measures,
and
industrial
environmental
establishments
impact
to
assessments,
adopt
clean
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recreation, navigation, fishing and other activities for a period longer than
necessary. Construction of structures of any kind shall be prohibited.
d) Impounding of water that will prejudice downstream users shall be
prohibited;
e) No person shall be allowed to drill/dig wells without permit. There shall be
strict enforcement of the requirements for clearance from the National
Water Resources Board (NWRB) for the extraction of subterranean water;
f)
j)
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levels
of
air
quality
for
suspended
particulates,
sulfur
dioxide,
photochemical oxidants or ozone, and carbon monoxide and the indices to compare
whether such atmospheric parameters are within acceptable level have been
established by the DENR DAO 14.
The City Government shall undertake precautionary/preventive measures by:
a. coordinating with the DENR the conduct of inspections in all industrial
facilities and equipment emitting potential air pollutants to ensure such
establishments/equipment comply with established standards.
b. conducting information and education campaign on the citys compliance to
air quality standards.
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c. coordinating with the DENR and the Land Transportation Office (LTO) in the
enforcement of laws and ordinance relative to ambient air quality standards.
Also, in effecting environmental inspection/test control, and banning the
establishment, use or operation of any material, equipment, machinery, plant
of any contrivances, including motor vehicles, which are potential air
pollutants.
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chemical fertilizers, burning of timber and crop residues and burning of fossil fuels.
Methane is a natural by-product of anaerobic breakdown of organic matters.
To
address this concern, the City Government shall conduct public awareness campaign
on the dangers that these pollutants pose to public health and its dire implication to
global climate.
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d) fires for the disposal of dangerous materials or wastes, when there are no
practical alternative method of disposal, provided that a clearance from the
City Government is secured
e) fires for training in fire fighting methods
f)
fires purposely
management practices
g) fires expressly approved by the DENR and the City Government.
Section 53. Mitigating Offensive Odors
The City Government shall adopt the following measures to address problems
on offensive odor emissions:
a) Odor control at sources shall be adopted as a matter of policy of the City
Government, and ensure that probable sources of odor (such as livestock
and poultry, slaughterhouse, garbage, plants) practice effective sanitation
and hygiene
b) The City Government shall require the source of obnoxious odor to adopt
measures that will mitigate the smell through ventilation or disposal,
combustion or oxidation, neutralization or odor masking.
Section 54. Noise Reduction
To protect public health and welfare against nuisance caused by excessive
noise, the City Government, in consultation with the DENR and the community, shall
establish standards for noise pollution and set measures for noise reduction at the point
source. Through an ordinance, noise and vibration standards shall be set for both
mobile and stationary devices such as vehicles, construction, and digging equipment,
stationary engines, factories, pub houses, restaurants, videoke or karaoke bars, and
amusement parks. As a general measure of noise abatement in vehicle-congested
areas, the City Government shall establish greenery buffers or corridor habitats are
established between such areas and residential areas.
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Circular No.96-119, and the Ecological Solid Waste Management Act of 2001 (RA
9003), among others.
Pollution from land based sources constitute a serious threat to the environment
and may affect all sectors of society, in terms of hazard to health, contamination of
food, loss of biodiversity, and degradation of water resources. Appropriate measures
shall be promulgated and ordinances enacted, to:
a) Identify, designate and allocate land as solid waste disposal site/sanitary
landfill and strictly enforce the Comprehensive Solid Waste Management
Ordinance and its implementing guidelines.
b) A continuing information and education campaign shall be conducted by the
City Government on waste management, specifically on waste reduction at
source, segregation and recycling.
c) To review the Environmental Impact Assessment, in coordination with the
DENR for the Waste Disposal System of all Major Industrial Establishments
and to ensure that such establishment comply with environmental standards.
Furthermore, the same shall monitor and evaluate an annually compliance
of ECC.
Section 56. Anti-Littering and Provision of Trash Cans and Bins
The maintenance of cleanliness and sanitation in all parts of the City shall be a
primary concern of the City Government and its constituents. Ordinances to this effect
shall be strictly enforced. The City Government shall provide trash cans and garbage
bins in strategic points in public places to discourage wanton discarding of trash by the
public.
Section 57. Disposal of Solid Waste
The Comprehensive Waste Management Ordinance of the City shall be strictly
enforced.
Section 58. Prohibition of Dumping of Solid Waste in Water Channels and Bodies
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otherwise known as the Toxic Substance and Hazardous and Nuclear Waste Control
Act of 1990, and its Implementing Rules and Regulations as embodies in the DENR
Department Administrative Order No. 29.
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maintenance and update of scientific information database that will provide the rational
explanation to the actions being undertaken, or proposed to be implemented in
environmental management.
The database shall include:
a) Information on resources inventory and their biological limits, including
resource use maps, land use maps as incorporated in the Comprehensive
Land Use Plan;
b) Information on critical habitats, ecological processes and species diversity,
critical/threatened areas;
c) Data on local industrial process and establishments and their potential risks
to environment;
d) Environmental sanitation and cleaning technique;
e) Laboratory techniques and equipment for soil, water and air quality analysis;
f)
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The
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situation
calls
for
an
inter-city-municipal
agreements
on
the
g) Application of polluter pays principle for source pollutants that emanate from
one local government unit but affects the nearby local government unit/s.
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CITY MAYOR
CMENRO
O
TECHNICAL
ADVISORY
COMMITTEE
ADMINISTRATION SECTION
2 Clerks, 1 Encoder/
Programmer
SOCIO-CULTURAL MGT.
DIV.
Clean & Green, EcoTourism, River
Rehabilitation, Parks &
Playground, River
Easement, Relocation
Research & Instrumentation,
Monitoring & Evaluation
ORGANIZATIONAL STRUCTURE
Proposed Personnel
1 CMENRO G 24 Step 1
1 Watershed Management Division G 16 Step 1
1 Waste pollution Division G 16 Step 1
1 Socio-Cultural Division G 16 Step 1
2 Staff Clerks G 16 Step 1
1 Encoder/ Programmer G 8 Step 1
Watershed Management Division
2 G 9 Step 1
3 G 4 Step 1
Waste Pollution Division
2 G 9 Step 1
3 G 4 Step 1
Socio-Cultural Division
1 G 9 Step 1
1 G 4 Step 1
The Environment and Natural Resources Officer
a.) Qualifications, Powers, and Duties (a) No person shall be appointed environment
and natural resources officer unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of a college
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Establish,
maintain,
protect,
and
preserve
communal
forests,
(iii)
Manage and maintain seed banks and produce seedlings for forest and
tree parks;
(iv)
(v)
(vi)
Coordinate
with
government
agencies
and
non-governmental
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Pollution
Control;
Environmental
Protection;
Toxic Substance
and
for
violation of any city environmental ordinance in the exercise of its management and
regulatory functions. These shall come in the form of refusal to issue new or renew
permit and license; suspension or cancellation of such permits and licenses,
declaration and abatement of nuisance, or payment of the cost of rehabilitation of
polluted or damaged areas and resources under the polluter pays principle.
CHAPTER 10:
MISCELLANEOUS PROVISIONS
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further damage to the environment. The City Government, in addition to those imposed
by national government agencies concerned shall impose disciplinary measures
against violators of this policy.
Section 74. Financing the Code
A significant portion of revenues that accrue from land tax measures shall be
allocated for the implementation of this Code. Funds have to be appropriated for the
maintenance of administrative and enforcement costs; development of capabilities;
procurement of equipment; information and education campaign; and equipment and
facilities for environmental monitoring and evaluation of relevant agencies or offices of
the City Government.
Section 75. Progressive and Sustained Land Management
The City Government shall adopt a dynamic and progressive planning and replanning cycle for land use management. It shall consider the development of local
capabilities for:
a) Long-term planning, monitoring and evaluation of diverse programs
implemented on land use management.
b) Continuing validation, updating and setting of environmental standards that
will guide development planners on new and improved approaches to
environmental management; and
c) Strengthening the City Governments capability to respond more effectively
to environmental problems.
practices, such as land care program, agro-forestry, organic farming system, sloping
agricultural land technology (SALT), contour farming, among others, as an obligation of
the citizenry.
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The City Government shall promote community adoption program of rivers and
other water bodies for purposes of preservation, cleaning and overall care, and
monitoring.
significantly located will be encouraged to adopt the resource within their jurisdiction.
This is to infuse the sense of responsibility, accountability and active participation in the
community on the sustainable management of water resources.
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NICOLAS C. JUROLAN
City Vice Mayor
Presiding Officer
APPROVED:
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