REPUBLIC OF THE PHILIPPINES

PROVINCE OF SOUTH COTABATO

OFFICE OF THE SANGGUNIANG PANLALAWIGAN
CITY OF KORONADAL
Resolution No._______
Author:
Romulo O. Solivio Sr.
SP Member
A RESOLUTION ENACTING AN ORDINANCE PROHIBITING AERIAL SPRAYING AS A
MODE OF APPLYING CHEMICALS AND SIMILAR SUBSTANCES ON AGRICULTURAL
CROPS IN THE PROVINCE OF SOUTH COTABATO AND PROVIDING FINES AND
PENALTIES THEREFOR
WHEREAS, Section 16, Article II of the 1987 Philippine Constitution states
that, the state shall protect and advance the right of the people to a balanced and
healthful ecology in accordance with the rhythm and harmony of nature;
WHEREAS, section 16 of the Local Government Code of 1991 provides that
local government unit is empowered to enact an ordinance that shall ensure and
support among other things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balance ecology, encourage
and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and
social justice, promote full employment among their residents, maintain peace and
order, and preserve the comfort and convenience of the inhabitants;
WHEREAS, republic act 8749 otherwise known as the Philippine Clean Air Act
of 1999 provides that the state shall pursue a policy of balancing development and
environmental protection while recognizing the right of the people to breathe clean
air, the right to utilize and enjoy all natural resources according to the principle of
sustainable development and the right to participate in the decision-making process
concerning development policies, plans and program, projects or activities that may
have adverse impact on the environment and public health;
WHEREAS, as enunciated in Principle of the Rio de Janeiro Declaration on
environment and development, to achieve sustainable development, politics must
be based on precautionary principle; environmental measures must anticipate,
prevent and attack the causes of environmental degradation;
WHEREAS, Republic Act 9275 known as Philippine Clean Water Act of 2004
ensures the protection of public health and environment thru proper management
and improvement of water quality;
WHEREAS, Supreme Court of the Philippines issued a Writ of Kalikasan, this
writ or order is a remedy available whose right to a balanced and healthful ecology
is violated involving environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants
WHEREAS, where there are threats of serious irreversible damage, lack of
scientific certainty should not be used as a reason for postponing measures to
prevent environmental degradation;

WHEREFOR, on motion of the Hon. Romulo O. Solivio Sr. the august body:
RESOLVED, as it is resolved to enact the following ordinance:

REPUBLIC OF THE PHILIPPINES

PROVINCE OF SOUTH COTABATO
Provincial Ordinance No.______
AN ORDINANCE PROHIBITING AERIAL SPRAYING AS A MODE OF APPLYING
CHEMICALS AND SIMILAR SUBSTANCES ON AGRICULTURAL CROPS IN THE PROVINCE
OF SOUTH COTABATO AND PROVIDING FINES AND PENALTIES THEREFOR
Author:
ROMULO O. SOLIVIO SR.
SP Member
Be it ordained by the SangguniangPanlalawigan of South Cotabato, in a regular
session assembled, THAT:
SECTION 1. TITLE. This ordinance shall be known as Aerial Spraying Prohibition
Ordinance of South Cotabato
SECTION 2. DECLARATION OF PRINCIPLES AND POLICIES. The Province recognizes
that aerial spraying as a mode of applying chemicals on agricultural crops is
vexatious to the peace of communities, detrimental to the health and well-being of
the people, and destructive to the flora and fauna and environment.
Therefore, it is the policy of the Provincial Government of South Cotabato to protect
the right of the people to a balanced and healthful ecology in accordance with the
rhythm and harmony of nature and protect the health of the people as well as the
environment from toxic chemicals.

SECTION 3. DEFINITION OF TERMS.

defined as follows:

The terms used in this ordinance shall be

a. Aerial spraying- form of chemical, substances, or similar materials application

that uses a small airplane or helicopter, in order to dispense the substances
through the air.
b. Agricultural activities- activities that include but not limited to land
preparation, seeding, planting, cultivation, harvesting, and planting.
c. Agricultural entities- refer to persons, natural or juridical, involved in
agricultural activities.
d. Hazardous substance are substance which present:
(1) Short-term acute hazards. Such as toxicity by ingestion, inhalation or skin
absorption, corrosivity or other skin or eye contact hazards or the risk of
fire or explosion; or
(2) Long-term environmental hazards including chronic toxicity upon repeated
exposure, carcinogenic resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.
e. Imminent hazard shall mean a situation which exists when the continued use
of pesticide will likely result in unreasonable adverse effects on the public
and/or the environment or will involve unreasonable hazards to the survival
of a species declared endangered by the appropriate authorities.
f. Pesticide shall refer to any substance or product, or the mixture thereof,
including active ingredients, adjuvants and pesticide formulations, intended
to control, prevent, destroy, repel or mitigate, directly or indirectly, any pest.
The term pesticide shall be understood to include insecticide, fungicide,
bactericide, nematocide, herbicide, molluscide, avicide, rodencide, plant
regulator, defoliant, desiccant and the like.
g. Toxicity means a physiological or biological property determinative of the
capacity of chemical to do harm or produce injury to a living organism
through non-mechanical means.
SECTION 4. PROHIBITION OF AERIAL SPRAYING. The act of aerial spraying using
pesticides or hazardous substance is herby declared contrary to law and prohibited.
SECTION 5. MONITORING AND ENFORCING AGENCY. The office of the Provincial
Governor, or City Mayor, or Municipal Mayor shall be the principal enforcement
agency for monitoring and ensuring compliance of this ordinance and for
apprehending
violators
thereof.
Local
chief
executive
shall
form
province/city/municipal-based monitoring teams from among farmers/farm-workers
organization, environment protection advocates, civil society, church people, and
youth organizations. Local chief executives ,provincial/city/municipal agriculturist,
provincial/city/municipal health officer, provincial/city/municipal environmental
officer, and the provincial/city/municipal chief of police shall be the automatic
members of the monitoring team.
SECTION 6. DEPUTIZATION OF MONITORING TEAMS TO MAKE ARREST AND
CONFISCATE. The monitoring teams are hereby deputized to make citizens arrest
of person who violate section 4 and to confiscate the instruments of the violation.

SECTION 7. SCOPE AND APPLICABILITY. This ordinance shall apply to all agricultural
entities within the territorial jurisdiction of the Province of South Cotabato.
SECTION 8. BAN OF AERIAL SPRAYING. A ban on aerial spraying as an agricultural
mode in South Cotabato shall be strictly implemented upon the effectivity of the
ordinance.
SECTION 9.
follows:

PENAL PROVISION. Violation of this Ordinance shall be penalized as

a. First offense: Fine of P2,000.00;

b. Second Offense: Fine of P3.000.00;
c. Third offense: Fine of P5,000.00 and imprisonment not less than six (6)
months but not more than one (1)year or both at the discretion of the court.
Provided, that in case the violation has been committed by juridical person, the
person in charge of management thereof shall be held liable.
Section 10. SeparabilityClause. If any part of this ordinance is declared
unconstitutional, the remaining parts not affected thereby shall continue to remain
valid and effective.
SECTION 11. Repealing Clause. All ordinances, executive orders, rules and
regulations or parts thereof inconsistent with this ordinance are hereby repealed or
modified accordingly.
SECTION 12. Effectivity Clause. This Ordinance shall take effect upon publication in
local newspaper of general circulation in the Province of South Cotabato for three
(3) consecutive issues, and posting of the same in at least three (3) conspicuous
public places in the Province for a period of three (3) weeks, whichever occurs later.