AN ORDINANCE ESTABLISHING

COASTAL AND MANGROVE

AREA PROTECTION AND
PROVIDING PENALTIES THEREOF
 EXPLANATORY NOTE
Mangrove forests are of great ecological significance. More than
stabilizing and protecting the coastline, mangroves are productive
ecosystems which benefit the community and the marine environment.

Mangroves are home to a large variety of fish, crab, shrimp, and mollusc
species thus enriching biodiversity and helps ensure food production
and security. It maintains water quality and clarity, filtering pollutants
and trapping sediments originating from the land. When protected and
developed, mangrove forests will also serve as a tourist attraction,
providing revenue generation to the locality.

While there is an existing national law prohibiting the cutting of all

mangrove species, there is a need to enact a local ordinance for the
protection and conservation of mangroves.

Thus, the passage of this ordinance would complement the existing

national law and will serve as a step towards the development of
mangrove areas in the city.
Section 1. TITLE.
This ordinance shall be known as
“Intensified Coastal and Mangrove
Area Protection Ordinance of
Davao City.”
Section 2. SCOPE.
This ordinance shall cover all
coastal and mangrove areas within
the territorial jurisdiction of Davao
City.
Section 2. DEFINITION OF TERMS
Mangroves – a community of intertidal plants
including all species of trees, shrubs, vines, herbs on
coasts, swamps, or boarders of swamps.

Coastal Area/Zones – may be regarded as a strip of

water and land area with a seaweed boundary
running along a line with a depth of 200 meters of
which it is three (3) kilometres from the shoreline,
whichever is farther, while the land boundary is one
(1) kilometre from the same shoreline or the
topographical or plant or vegetation features
associated with the sea, again, which is farther.
Section 2. DEFINITION OF TERMS

Enforcers – refers to a member of the Coastal Task

Force, any persons in authority or individual deputized
by the City Mayor and recognized by the City
Government after having been undergone proper
training by the Office of the City Environment and
Natural Resources.
Section 4. REGULATED ACTS. The
following are regulated and
considered illegal acts under this
ordinance:
a)Cutting, slashing, chopping and logging of all types
and species of mangroves;
b)Extraction of dead mangroves and timber
poaching;
c) Unauthorized entry to designated mangrove
reforestation area;
d) Uprooting and destruction of newly planted
mangroves;
e) Littering and dumping of solid, liquid and chemical
wastes;
f) Open burning and causing fire within one (1) meter
from the trees;
g) Unauthorized removal, vandalism and destruction of
protection facilities such as fence, signage, posters,
and billboards;
h) Putting up of booths and other types of
unauthorized structures;
i) Construction of fish cages, fish pens, fish traps and
other similar structures;
j) Squatting or establishment of dwellings; and
k) Establishment of reclamation and other
developments
Section 5. ENFORCEMENT
The City Mayor through the City
Environment and Natural Resources
Office (CENRO), Barangay Captains
and the duly deputized enforcers of the
city shall enforce this ordinance.
Section 6. PENALTY CLAUSE.
a. Be required to plant mangrove
propagules or seedlings twice the
number of mangroves cut/destroyed to
be planted in the area where the
violation is committed or as designated
by CENRO. Planting materials shall be
secured by the violator; and
Section 6. PENALTY CLAUSE.

b. Be required to pay the following

fines:

First Offense P500.00

Second Offense P1,000.00
Third Offense P2,000.00
Section 7. ISSUANCE OF CITATION
TICKET/CHARGE SHEET
• The citation ticket or charge sheet
shall be in writing and drawn in clear
and concise language

• It shall recite the ultimate facts

constituting the cause(s) of action
and/or the violations committed
under the ordinance
• It shall be duly signed by the
apprehending officer;

• It shall include a notice requiring the

respondent to appear and answer the
charge before the adjudicating unit,
and specify the date, time, and place
indicated therein which shall not be
less than five (5) days not more than
fifteen (15) days from receipt thereof.
• In case the violator is not a resident of
Davao City, he/she is required to
appear and answer before the
adjudicating unit immediately.
• In case the violator is not a resident of
Davao City, he/she is required to
appear and answer before the
adjudicating unit immediately.
Section 7.2. Adjudicating Unit
The City Mayor, upon recommendation of the
CENRO, shall designate three (3) to five (5)
hearing officers who will comprise the
adjudicating unit of the City and to which the
citation ticket/charge sheets shall be
remitted. The hearing officers shall regard both
the validity of the allegations in the citation
ticket/charge sheet and issue a decision as to
the administrative liability of the respondent
based on the testimonies and other evidence
presented to them.
Section 7.3.
Subject to the basic requirements of due
process, the proceedings herein shall be
summary in nature. The technical rules of
evidence obtaining in courts of law shall not
bind the designated adjudicating unit of the
City. Similarly, the Rules of court shall not apply
in proceedings before the adjudicating unit
except in a supplementary character and
only whenever applicable.
Section 7.4.
Fifty percent (50%) of the fine shall be declared
mandatory incentive to the
enforcer/apprehending officer;

the remaining amount of the fifty percent (50%)

of which goes to the barangay

while the other fifty percent (50%) goes to the

city. For the city, the amount shall accrue to the
Local Coastal and Mangrove Area Protection
Fund, for the operation of the mangrove
conservation program.
Section 8.ESTABLISHMENT OF
LOCAL COASTAL AND MANGROVE
AREA PROTECTION FUND
Section 8.1. There shall be an appropriate
special account known as the Local Coastal
and Mangrove Area Protection Fund for the
fines, fees, and donations collected or
generated under the ordinance.

Section 8.2. Said fund shall be administered by

the CENRO upon the recommendation
of and programs approved by the City Mayor.
Section 9. OFFICIAL CITATION TICKET /
CHARGE SHEET
Section 10. CITIZEN’S ARREST.

For purposes of enforcing the provisions of

this ordinance or provisions of RA 7161 or
PD 705, any citizen may apprehend a
violator, report and turn-over to the
deputized enforcers for appropriate
action.
Section 11. SEPARABILITY CLAUSE.
The provisions of this ordinance are
separable and in the event that one or
more of the provisions are judicially
declared illegal or unconstitutional, the
validity of the other provisions shall be
deemed not affected and shall continue
to be in force and effect.
Section 12. REPEALING CLAUSE
All other ordinances, rules and regulation
which are inconsistent with this ordinance
are hereby repealed and amended
accordingly.