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Sinulog FeatureNature inspires a composer

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LOVEin droves, thousands braved the heat and exhaustion to attend the last day of the novena for the Holy Child Jesus at the Basilica minore del Sto. niño.

The official publicaTion of The province of cebu under The provincial informaTion office

vol 1. no. 1 | January 2013 www.cebu.gov.ph

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about the coverstaff box

A snap of the Basilica’s quandrangle at the height of the novena mass reveals how faith povides the cohesive glue that unites all Cebuanos amid turmoil. PHOTO BY JOHN ViNCENT O. RizARRi

Cebu monthly, the official publication of the Province of Cebu under the Provincial information Office that offers news and information about the Province of Cebu. A 36-page full colored news magazine with 60,000 copies in circulation.

PublisherCebu Provincial Government

editorAtty. Jo Feliz M. dela Calzada

Writers Ramon Gallardo

Hearty Marie O. RizarriRoger P. Serna

Contributing WritersEvangeline L. de Paula

Julius R. RegnerHon. Adelino B. Sitoy

layout artistStanley Cin A. Libor

PhotographersReigi A. BurlasDonald Moga

Louis Michael Y. Ouano

Contributing PhotographersJay Dalumpines

John Vincent O. Rizarriian Javier

Circulation SupervisorJaime S. Yap Jr.

Circulation assistantsJoseph Concoles

George M. Cordeta

cebumonthly The official publicaTion of The province of cebu under The provincial informaTion office

No treasure is more precious than that which you have strived and toiled for. The maiden issue of Cebu Monthly, the official publication of the Province of Cebu, is

the fruit of our love and labor for the Cebuano. After burning thousands of midnight candles, we have once again proved our naysayers wrong. Our gratitude to Provincial Board Member Arleigh Sitoy, whose initiative and foresight provided the foundation for our fledgling publication.

Without further ado, here is a fresh look at information with relevance and substance streamlined for the Cebuano reader.

Enjoy! We made it!

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main StorY

Sinulog Feature

Sinulog Feature

Sinulog Feature

ProVinCial touriSm

laWS anD orDinanCeS

Sinulog Festival: The Triumph of All

Sinulog sa Kabataan sa Lalawigan

CDU Bio stude wins Ms. Cebu 2013 title

Placer lead dancer named Sinulog Festival Queen

Suroy Suroy Sugbo 2013Southern Getaway

Environmental Code

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4 Close to 4 million spectators witness and cheer the 41 contingents at the Cebu City Sports Complex. Contingents include winners of the Sinulog sa Kabataan sa Dakbayan and Sinulog sa Kabataan sa Lalawigan as well as the scores of hopefuls coming from the different regions of the country.

The Talisay City Central School snatches the grand championship of the Elementary Division besting six other contingents while the Carcar City Division emerged as the grand champion in the secondary division outperforming eight other groups.

With her exquisite beauty and brains, 19-year-old Namrata Neesha Murjani captures the prestigious Ms. Cebu Crown.

18-year-old Jamie Herrell wins Sinulog Festival Queen after a graceful but energetic performance. Her group, Tribu Himag-Ulaw garners major awards.

Three days. Nine towns. One pumped-up group of tourists. This year’s Suroy Suroy Sugbo takes you to southern Cebu for a little taste of rustic charm and natural beauty.

Cebu Monthly intends to be the official publication of laws and ordinances. The Environmental Code of Board member Ouano has to be read by all, especially LGU officials as it has overarching implications to local development.

3cebu monthly

JanuaryCONTENTS

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Sinulog FestivalA Triumph for All

by: Karla Crystal Doquiatan (USJ–R MassCom Intern)

The Sinulog is one of the most visible and most attended

religious and socio-cultural festivals in the country. It is a

dance ritual in honor of the miraculous image of the Sto Niño.

The dance moves two steps forward and one step backward to the sound of the drums. This movement resembles the current (“sulog”) of

what was known as Cebu’s Pahina River. It is a cornucopia of movement, sound, color and pageantry.

The festival traces its roots to a fervent attachment to the image by

many of Cebu’s inhabitants; the ritual dance evolved from the elders’ rhythmic movements while praying at the image’s sanctuary.

This years’ Sinulog Festival opened with a bang. The Cebu City Sports Complex was filled and almost 4 million spectators witnessed the creative presentations of the 41 contingents. These contingents included those who won in the Sinulog sa Kabataan sa Dakbayan, Sinulog sa Kabataan sa Lalawigan and the Sinulog contingents coming from the different parts of the Philippines.

Sinulog Dance Competition was divided in two categories: the Sinulog-Based Category and Free Interpretation Category.

In 1981, when the Sinulog Project was launched by the Cebu City government, the Sinulog dance became the epitome of Cebu’s cultural and religious celebration and has remained so to this day.

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The competition inside Cebu City Sports Complex was as always too close to call since all of the participants gave their best shot in performing their dance routines and rituals. Each contingent has their own way of presenting their concepts by using elegant costumes that compliment their theme and category, and different kinds of colorful props that add exquisiteness to their five-minute presentations.

Different formations were made, different dance routines executed, and different props were displayed almost every 30 seconds to show the extravagance of their presentations. Needless to say, with every performance, spectators scream “WOW!” and clap their hands in amazement.

For all the fantastic surprises, everything must come to an end. There must be only one to be considered as the Grand Winner for Sinulog 2013. After witnessing all of the contingents’ unique performances, the judges tabulated their scores and chose one lucky contingent to garner the fame of being the Sinulog Grand Winner 2013 in both categories. Other contingents were also lucky for placing and garnering the special awards in the said competition.

For the Sinulog – Based Category, last year’s 2nd placer Sinanduloy Cultural Troupe of Tangub City, Misamis Occidental vindicated themselves by being crowned the Champion. They also garnered three special awards: Best in Costume, Best in Musicality and Best in Street-Dancing.

Carcar City Division was on a roll, winning 2nd place in this year’s Sinulog-Based Category and garnering the title of Grand Champion in the Sinulog sa Kabataan sa Lalawigan 2013. Last year, they were on the 3rd place in the Sinulog-Based Category.

Meanwhile, last years’ Champion in the Sinulog-Based Category, Culturanong Placereno of Placer, Masbate sat comfortably on 3rd Place.

Then, Talisay City Central School of Talisay City, Cebu, won the 4th place of Sinulog-Based Category and lastly, Apas National High School of Cebu City got the 5th place. Apas National High School also won as the Champion in the Secondary Division during this year’s Sinulog sa Kabataan sa Dakbayan.

For the Free Interpretation Category, Tribu Lingganay of Alang-Alang, Leyte stands still as the Defending Champion.

From 4th place in last year’s Free Interpretation Category, Lumad Basakanon of Barangay Basak San Nicolas successfully attained the 2nd place and bagged two special awards: Best in Musicality and Best in Costume.

Last year’s 2nd runner-up in Free Interpretation Category Tribu Himag-Ulaw of Placer, Masbate went down a notch to win 3rd place in the same category.

They are then followed by the Talamban National High School who won 5th place during the Sinulog sa Kabataan sa Dakbayan 2013 and now got the spot of 4th place in Free Interpretation Category.

Lastly, the 5th place was attained by the Tribu Sarimanok from the Land of Beauty and Bounty, Lanao del Norte.

The contingents who won in the different categories repeated their winning performances last Monday, January 21, 2013 at the Cebu City Sports Center.

All of the contingents, including those who did not succeed in grabbing any title were still victors in their own rights with the results they put out and the numbers they presented. They were happy for the good weather condition and a job well done in entertaining the whole crowd. All of the contingents felt truly blessed and satisfied for the event was more than a competition. It was a prayer-dance for the miraculous child Señor Sto. Niño.

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Sinulog sa Kabataan sa Lalawigan

Their triumph could be likened to a mother who had just brought to light her new-born baby, forgetting those painful and agonizing moments at her first glimpse of the fruit of her labor.

The Talisay City Central School snatched the title as the grand champion of the Elementary Division, besting six other contingents, while the Carcar City Division emerged as the grand champion in the secondary division, out-performing eight other groups. Their crowns however were not served to them on a silver platter. Sweat and tears for almost two months of rigid practice were shed by the two groups.

Talisay City choreographer, Marvey Caño said that they had to practice nightly for almost five hours during the whole week starting the last week of November until days of the final show. He confided that part of the idea of their presentation had popped into his mind when, while at the vicinity of the church, he noticed the figures of the two angels hugging the image of the Holy Child at the Basilica Minore del Sto. Niño. The other segments of their dance executions were collated from his previous numerous workshops. He said he was thankful for the financial support from the local

government units. His seven years of experience also helped a lot.

Carcar City Division choreographer Kathryn Estenzo and Caño had two things in common in the form of rigorous practice and firm discipline of their wards. Ms Estenzo had also trained her dancers eight to ten hours every night starting the second week of December. They had to jog to strengthen their stamina and endurance in the street dancing. The students had to take special classes to make up for their lessons. Incidentally, most of the dancers that she had selected were apt students so they did not have a hard time keeping up with their studies. She had eight years’ experience at her task, including her school days at the SWU whose dancers were the first Sinulog winner under the tutelage of an expert dance mentor, the late Mike Gonzales.

Lady luck again smiled at the two big victors when both of them got their respective winning niches in the Grand Sinulog Parade held on Sunday. The Talisay City Central School bagged the fourth place in the Sinulog-Based Category while the Carcar City Division won second place in the Street Dancing Category.

When the winners were announced after an intense day-long competition of the

Sinulog sa Kabataan sa Lalawigan contest at the Cebu City Sports Complex on Jan. 12 this year, the two victorious groups jumped in jubilation.

by Ramon Gallardo

Sinulog feature

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Fr. Charles Louis Jayme outscored the other contestants of the annual Cebuano songs competition with his entry, Magkuyog Ta Panalipdan Ta, interpreted by parish choir members Medi Baculpo and Rene Campomanes. Jade Castro’s Balik Na Pinangga Ko, rendered by Analyn Manlisa, came second while Niño James’ Amomahon Ta, vocalized by Jan Michael Banaynal, hit third. The three of them pocketed P150 thousand, P100 thousand and P50 thousand, respectively.

To recall, during the canonization of San Pedro Calungsod, the Cebu Archdiocese tasked Father Jayme to be the official custodian of the icon. When he was in Rome for the saint’s canonization, he had yet to finish the song that would become his first composition as well as his official entry in the contest. His work of art was inspired by typhoon Sendong which struck the country last year and wrought havoc to lives and properties. His holy-duty-first-before-other-priorities principle, coupled with his love of nature and faith in God, helped him in reaching the most coveted prize participants in the song-making tilt were aspiring for.

During the competition, an 11-year-old girl, Knch Lhnn Cabillo secured the Best Interpreter award with the entry Salamat by Erwin Larazan. Her powerful and emotion-laden rendition of the song was inspired by her mother’s tender loving care, the petite crooner confided. She received P10 thousand for the exemplary performance that evening.

Former 1997 Cebu Pop Music Best Interpreter, Anna Fegi serenaded the audience with an old bisaya favorite, Usahay, as well as two English songs, one of which was her own composition. Multi-awardee group, the University of the Visayas Choir capped the momentous night with refreshing takes of familiar ditties.

A heavenly blessing or sheer love of nature paved the way for a preacher-turned composer to bag the grand prize in the 33rd Cebu Popular Music Festival held on January 18, 2013 at the New Cebu Coliseum.

Nature inspires a composer

by Ramon Gallardo

WHen StarS SHine DoWn. Heaven smiles on priest Fr. Charles Louis Jayme when his nature-inspired song, Magkuyog Ta Panalipdan Ta, wins the top prize in this year’s Cebu Pop Music Festival.

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Even at the pre-pageant judging held four days before the coronation night, these young women showed that there was more to them than meets the eye. That early, the pageant adjudged Patricia Ann Estuart best in fun wear, chose Maria Gigante Ms. PLDT, and crowned Jehanne Frances Dy Ms. Gems and Designs.

The coronation night was graced with no less than Ms. Earth 2008 Karla Paula Henry and 2012 Mr. World 1st Runner-Up Andrew Wolff as program hosts. Former titleholders Reina Elena Malinao, Kris Tiffany Janson and Mia Zeeba Ali Faridoon did the honors in some segments of the program while previous runners-up Blinky de Leon and Phoebe Kaye Fernandez made personal appearances as presenters of special awards.

The University of Cebu Dance Troupe, budding Cebuana singer Victoria Ingram and Resorts World Manila’s Primo (a Russian acrobatic duo from the Edge of Glory), and Bo Cerrudo and Sheila Valderrama (from The King and I) wowed the crowd with their awe-inspiring intermission numbers.

The evening saw the recognition of two former Ms. Cebu runners-up for garnering honors in beauty contests outside of Cebu. Vanessa Amman clinched the 2012 Ms. World Philippines 2nd Princess award while Rizzini Alexis Gomez recently grabbed the 2012 Ms. Tourism International in Kuala Lumpur, Malaysia.

After answering 12 questions prepared by the candidate themselves, five ladies stepped closer to the coveted crown. Citing street-children and making a difference in their lives as the top item in her agenda for the first 100 days should she become the third woman president of the Republic, Cebu Doctor’s University biology student Namrata Neesha Murjani, who is of mixed Filipino (her mom is

a Cebuana) and Indian descent, impressed the board of judges composed of Ray Fung of Asia Miles, Noli Hernandez of Megaworld, interior designer Cynthia Almario, fashion designer JC Buendia, and PLDT Community Relations Head Evelyn del Rosario.

Early on, Neesha was chosen Best in Evening Gown/Ms. Megaworld, with her designer, Cary Santiago, clinching the Best Evening Gown Designer award. Neesha’s ladies-in-waiting were Therese Llamada, Maria Gigante, Patricia Ann Estuart and Ely Rose Angcon winning first to fourth runners-up honors, respectively. Angcon was also adjudged Kapamilya Star of the Night.

Other awardees of that night were Jehanne Frances Dy (Ms. Friendship) and Marivee Ann Velasquez (Ms. Photogenic).

What made the new beauty queen’s victory sweeter was that she won the title on the eve of her birthday. She describes herself a ‘fighter’ who never gives up, a trait which she attributes to her Indian lineage. True to her word, she used a debacle in an earlier beauty contest, where she bagged many special awards but did not land the magic circle, as a challenge to succeed and prove her detractors. The ready smile she wore the whole evening, however, was pure Cebuano.

Ms. Murjani’s victory came with a P60 thousand cash prize, trips to Las Vegas, Europe, Hong Kong and the Holy Land, and overnight stays at Harold’s Hotel, Crimson Resort and Spa, Marriott Cebu City Hotel and Marco Polo Plaza Hotel, along with a digital camera and voice and stage performance lessons.

Indeed a bundle of joy for a Sto. Niño devotee and birthday celebrant. The Ms. Cebu pageant is one of the highlights of the annual Pista Senyor celebration dedicated to the Holy Child.

CDU Bio stude wins Ms. Cebu 2013 title

Sinulog feature

A glance at the contestants vying for this year’s Miss Cebu title would inevitably lead one to think that Cebu is teeming with beautiful and shapely ladies. By the time they answered questions, another realization materializes: the ladies are intelligent, articulate and witty. That was how it went the night of the Ms. Cebu Pageant.

by Roger Serna

© Cebu City Tourism Commission | Photo by ian Javier

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Placer lead dancer named Sinulog FeStival Queen

One of the highlights of Sinulog Festival Celebration was the search for the Sinulog Festival Queen. The contest boasted

of a night of talent, grace, beauty and grandeur as the lead dancers from different contingents of the Grand Parade competed against each other for the prestigious title. The countdown to the exciting event ended with a bang on January 18, 2013 at the Cebu City Sports Center.

Jamie Herrell, who represented Tribu Himag-Ulaw of Placer, Masbate won the crown as this year’s Sinulog Festival Queen. Her awe-inspiring performance amazed the crowd, assuring her place as the Best Solo Performer of the night.

This was only Herrell’s 2nd time to dance the Sinulog as part of the contingent. By a stroke of genius and perhaps a little bit of luck, she was chosen to be the lead dancer of Tribu Himag-Ulaw this year and, boy, did she lead. Her group went on to bag awards for Best in Opening Production number and Best in Group Performance.

When asked what advice she could give for those aspiring to be the next Sinulog Festival Queen, she said, “It is a great privilege to be chosen as lead dancer not just because you’re competing for the Sinulog Festival Queen contest but let’s not forget it’s all about the Sto. Niño.It’s all about praising Him.”

by Hearty Marie Rizarri

major awards

Jamie Herrel (Tribu Himag-Ulaw of Placer, Masbate)

Sinulog Festival Queen 2013Best in runway

Sm Festival Queenms. uratexms. lecit-ems PlDt

Best in group PerformanceBest in opening

Production numberBest Solo Performer

Mary Joy Delmo (Sinanduloy Cultural Troupe of Tangub City)

First runner-upms globe

Caryl Soldedad of Lanao del NorteSecond runner-up

Best in Festival CostumeBest in instrumentation

Maria Cassandra Yu of Talisay Citythird runner-up

ms. amiga

Cherry Lyn Enad of Carcar CityFourth runner-up

Special awards

Albyjane Borbon of Lumad Basakanonms Photogenic

Dindi Athena Maguikay of Tuburan, Cebums. tropicana Coco Crunch

AlbyjaneBorbon of LumadBasakanonms Dole

Rhegine Ruth Rona of Alang-Alang, LeyteBest Costume

FeStiVal Queen 2013WinnerS

© Sinulog Foundation inc. | Photo by Jay Dalumpines

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EDitorial Section

In ordinary parlance,unconditional love means sharing of affection without limitation, without bounds and unchanging. It can even be told that Jose Rizal allowed himself to be executed because of his unconditional love for the Filipinos. In fact,Ninoy Aquino suffered the same fate. He could have stayed in the United States and spent the rest of his life teaching, safe and sound under the protectorate of Uncle Sam. But, because of unconditional love of country, Ninoy came home and was killed at the Tarmac.

In Christianity, unconditional love is God’s love for us whether or not we reciprocate. In the recently held Sinulog festival, limitless love was displayed by the Cebuanos towards the Sto. Niño. In multitudes of Cebuanos flooded the streets of Cebu City to join the procession. It was an impeccable sight of faith and unconditional love. From all walks of life, they came, walked, endured the heat and fervently prayed.Only in Cebu can it happen where millions pay homage to the miraculous image of the child Jesus.

Could it be the fatalism in our culture? Or, could it be our deep religiosity and faith to a supreme being that explains the mystique in our unconditional love? Or could it be our sheer display of animalism as Nick Joaquin once described it to be?

History tells us that the beautiful miraculous child and a cross was given as a gift to queen Amihan of Cebu, who together with 800 Cebuanos were brought to the Christian fold. But that was 1521, and after the baptism of King Humabon and Queen Amihan, Magellan was killed in Mactan by Lapu-Lapu. Worse many of the Spanish survivors were themselves

massacred upon orders of Humabon. Thereafter, not much was known about the wooden image of the child Jesus except that it was assumed to have been passed on from one hand to another until it was rediscovered by a Spanish soldier, Juan Camus, who in 1665 found it inside a wooden chest in a burned hut. To the Cebuanos, the discovery was a miracle. To us, Christians, the survival of the image of the Senior Sto. Niño for centuries now is another miracle. It cannot be explained in the same manner that we cannot deduce the whys and wherefores of our faith, which have survived through the centuries. That makes it a mystery, and that mystery shrouds our expressions of faith and love during the yearly Sinulog festivity.

It must not be fatalism in our culture, for we find hope in our prayers.Neither could it be culture, for the Sinulog is more than a way of life. It has become a commitment of everlasting love. Nick Joaquin’s animalism is crude and does not have basis as through the Sinulog, people even learn to commiserate, to help each other at least for a day. Only humans can comfort each other to the point of self sacrifice.

Indeed, in the Sinulog, we are put in a heavenly trance as we forget our fears and problems. We even set aside our political differences in honor of Sto. Niño, and just like Queen Amihan, when she was first shown the image of the little child Jesus upon her baptism, we cry as we are overcome with contrition and tears of joy and continue to dance with exquisite grace to the beat of the Sinulog drums.

We love you with all our heart…..Pit Senyor!

our unconditional love

A SiNGLE FLAME OF PEACE AND LOVE CAN LiGHT A THOUSAND CANDLES OF HOPE AND PROSPERiTY

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Imagine yourself in your most private and intimate moment. Imagine having that

moment caught on camera and uploaded on a video-sharing site where it rapidly becomes viral. Imagine becoming an object of ridicule and disgust as a result.

Such an unimaginable event became reality for the college student of a reputed Catholic institution. With proper handling, the situation seemed to have been contained, but the underlying problem has remained. In a Facebook culture like ours, where voyeurism is the norm rather than the exception is privacy a myth? When personal information can spread with just the click of a mouse button, how can a person keep his dignity intact?

In order to have a clear grasp of the harm that video voyeurism does to a person, it is necessary to know that which is being violated.

The right of privacy is often defined as “the right to be let alone” or the “right to determine what, how much, to whom and when information about himself shall be disclosed.” Some scholars described it “as a condition and right that is essentially tied to human dignity, the principle of equal respect for persons, and the notion of personhood itself.” Its foundation is in the expectation that a person can control exposure of his own body so that non-consensual disrobing which often accompanies situations of war, imprisonment and rape are considered as a degradation so acute it reduces a

person to something less than human. Our very own Constitution, under the Bill of

Rights, establishes “zones of privacy,” which prohibits intrusion unless excused by law and in accordance with customary legal process. Although these constitutional provisions are generally applicable to government interference, nevertheless, the Supreme Court has had opportunity to apply it to a case of civilian intrusion.

That a right to privacy exists and that it ought to be protected is a conviction that our lawmakers have. As a testament to that, they have enacted statutes to ensure that this right is upheld and its violators penalized.

Playing the devil’s advocate, others would argue that if content was shared in a public forum like the internet, then it would be fair game. Indeed, privacy becomes a blurry issue when our habits are geared towards the opposite of privacy. But the story is different when the content in question was made in private or, at the very least with the expectation of privacy. The advent of social media has not changed the foundation of privacy one bit. Human as we are, we still take great pains to guard certain intimate moments and specific body parts from the public eye.

However, the video voyeur wantonly disregards these basic rules and deliberately ignores the genuine need for privacy. The very acts and body parts that a person desires to conceal from public view are observed, recorded, and as are often the case, broadcasted by means of an otherwise socially benign platform of technology. In effect, what the video voyeur does is tear off the clothes of a person, without his knowledge or

consent, and leave him naked and utterly vulnerable – deprived of privacy, stripped of dignity. When this happens, to whom can the victim apply for succor?

The laws that aim to protect privacy rights are already in place. Of particular relevance is section 4 of Republic Act No. 9995, or the “Anti-Photo and Video Voyeurism Act of 2009,” which punishes among others the act of taking photo or video of person/s performing sexual act or capturing an image of their private areas.

The law likewise penalizes any person who sold, distributed or otherwise broadcasted the same with or without consideration and with or without the consent of the subject/s. The penalty is imprisonment of not less than three (3) years but not more than seven (7) years and/or applicable fines.

Criminal law is indeed the most practical solution to combat video voyeurism and give teeth to the constitutional guarantee of privacy. However, a challenge comes in the form of finding a means for the law and our enforcement agencies to keep up with technology and fill in the gaps in protection.

The high-tech tools of privacy invasion are growing increasingly complex. Cellphones equipped with video-capturing capabilities and sophisticated hacking programs are only some of the modern advancements that make it very easy to take images never intended for public consumption and virtually run away with them. Enforcement is the key for without it, the mere existence of a law is inadequate protection of the right to privacy and to human dignity.

Privacy and Video Voyeurism: a Human rights issue

on Fr. JoaQuin g. BernaS’ CaPitol ControVerSY

by Hon. Adelino B. Sitoy

In his regular opinion column, Sounding Board, subtitled “Non-duel at the Cebu Provincial Capitol”, published by the Philippine Daily Inquirer on December 31, 2012, the former Dean of the College of Law, Ateneo de

Manila, Fr. Joaquin G. Bernas, SJ, observed:

“But what about the closure of the television station and newspaper office? Padlocking a television station and a newspaper publishing office is not an ordinary occurrence in a democracy. Such action takes place either during martial law or in the heat of political contest. It is normally regarde as an act of prior restraint and therefore presumed to be unconstitutional. Could it be that UNA has accepted Acting Gov. Agnes Magpale’s explanation?

“The acting governor justified the closures by saying that the objective was not to restrain speech or communication to review the operation of the outfits. In other words, her defense is the jurisprudential distinction between content-neutral regulations (i.e., concerned not with the message but merely with the incidents of the speech, or one that merely controls the time, place or manner of speech, under well-defined standards) and a content-based restraint or censorship (i.e, the restriction based on the subject matter of the utterance or speech).

“Content-based laws or regulations are generally treated as more suspect than content-neutral laws because of judicial concern about their effect on freedom of expression. Jurisprudence requires that a content-based regulation be justified by the existence of a grave and present danger of an evil which the state has the righat to prevent. Content neutral regulations of speech or of conduct that may amount to speech are subject to lesser but still heightened scrutiny.

“The distinction between content-based regulation of speech and content-neutral regulation was also appealed to by Cauayan City in Isabela when the city closed Newsound, a radio station operated by Bombo Radyo. The closure, according to the city, was in conformity with zoning regulations and was in no way connected with the broadcasts made by the station. But the pretense of a content-neutral regulation was rejected on the evidence that the radio station wasan aggressive critic of the ruling administration. Hence the closure was declared invalid.

“Unlike Newsound, however, which was privately owned, the Cebu media outfits in controversy are, I am told, run by the government. And owned by the government, I suppose. Acting Governor Magpale’s argument therefore comes down to saying that the province, in the exercise of its right not to speak, simply decided to gag itself. There is, after all, a constitutionally recognized right not to speak. But her supporters seem to be undermining her defense by giving the added reason that the outfits were not exactly friends of the acting governor. They too have been effectively gagged. And this makes reliance on the right not to speak less than credible.

“Even, however, during this season of good cheer when good guys sheath their daggers, let us recall what bad guys did in the past with the constitutional prohibition of prior restraint. Let us hope that what happened then is not anywhere near to being repeated in Cebu and in the nation.”

Contrary to what Fr. Bernas had gathered, the principal reason for the temporary termination of the television program and the temporary stoppage of the newspaper publication was the undue concentration by both on politics and more specifically, on the bloated coverage of the political activities of suspended Gov. Gwendolyn F. Garcia and the members of her family: Rep. Pablo John F. Garcia, Rep. Pablo P. Garcia, Mayor Nelson F. Garcia and Vice-Mayor Marlon F. Garcia.

In one television show alone, from start to finish, the face of suspended Gov. Garcia was always dominant. In every issue of the newspaper sugbonews, the name of suspended Governor Garcia would appear countless times such that if the names alone are assembled they would occupy no less than one whole page!

That those running the closed media outfits were not exactly friends of the acting governor, was off tangent. The malady sought to be remedied was the TV program and the newspaper issues that countlessly carried the sacred name and face of suspended Governor Garcia.

In short, the stoppage was not on the choice between content-based regulation of speech and content-neutral regulation. Neither was violated. It was the conversion of the TV and the newspaper coverage into a political propaganda outlet for the Garcia family at the expense of the Province of Cebu. If it involved freedom not to speak out, it was freedom to stop saying alleluia to the Garcias using the people’s money in the process.

by Atty. Jo Feliz M. dela Calzada

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San Fernando

Fun, awesome, fantastic, and amazing! This is how the people described the word ‘suroy-suroy.’ According to Lucena Rose Manggubat Magdadaro, guest traveler, ‘suroy-suroy’ is a Visayan word which means

the act of travelling from one place to another.More relaxing, not in a hurry, this is what the former Department of

Tourism Director Patria Aurora Roa experienced in this year’s Suroy-Suroy Sugbo.

by Ernielyn Cardeño (UV MassCom Intern)

Cebu acting Governor Agnes Magpale, Provincial Board Member Arleigh Jay Sitoy and the Provincial Tourism office staff led the participants in visiting the localities in the southern part of Cebu. The participants were really surprised as they made their first stop at the Plaza Rizal in San Fernando where they were welcomed by such an exotic dance performance of the local drum and bugle corps. The San Isidro Parish Youth Choir also showcased their talents to the guests by singing different songs including “One Cebu”.

In San Fernando, the guests took their breakfast where they enjoyed eating some of the town’s farm products such as banana, sweet potato and many others. According to Marlon and Deding Paloma, a couple based from Las Vegas California who first time joined the Suroy-Suroy, found the food served as nostalgic, especially when served by people who were warm and hospitable.

provincial touriSm

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OslobSumilon island

argao From San Fernando, acting Governor Magpale and party headed to the

town of Argao where Mayor Edsel Galeos welcomed the participants at the best preserved Spanish-period town center in Cebu which is the Cabecera. The guests took time to go around with the local guide in the museum park of the Poblacion. They were amazed to see 14 stations of the cross, capilla murtuario, and a cuartel ( barracks ) now the Hall of Justice, walled in by the muralla (fortress walls) within the Puerta Marina as the main gate.

Guests got to taste the town’s eminent delicacy, the torta, and savored their sikwati, a delightful cocoa drink prepared with the best tabliya from barangay Canbanua, Argao. While eating snacks, the guests enjoyed watching the performance of the La Torta Festival dancers.

It was lunch time when the guests arrived at the Bluewater Sumilon Island Resort in the town of Oslob. After sumptuous lunch buffet prepared by the resort, the guests enjoyed taking pictures on the island while others did kayaking and trekking.

13cebu monthly

14 Sugbo

Samboan

Santander

DaY 2

The first day of Suroy-Suroy ended with dinner at the Sanayon View in the town of Santander. There, the Tostado Festival dancers took the center stage when the group arrived at their destination.

One thing that was new to the eyes of the guests was the new air-conditioned CR (comfort room). And according to one of the residents in the town, their CR was air-conditioned last 2011.

Mayor Marilyn Wenceslao of Santander, in her message, said that “with Governor Agnes Magpale’s ‘magic touch,’ we are hopeful that this event will become memorable as ever.”

The enchanting evening ended with a grand fireworks display.

cebu monthly 14

SUGBO 15

On the second day of the Suroy-Suroy Southern Getaway, the party visited the towns of Samboan, Ginatilan, Malabuyoc and Badian.

On the first stop, Mayor Raymond Calderon of Samboan warmly welcomed the party in front of the Museo de Samboan where lunch was served.

A rondalla composed of 16 students, five girls and eleven boys of the Pedro V. Uy Calderon Memorial National High School who played folk songs, entertained the guests as they enjoyed the feast. The town’s senior heritage dancers also took pride in showcasing their own. But what overwhelmed the guests was a heart-wrenching song performance of famous bisaya songs, like Matud Nila and Ikaw Ang Bathala, by a nine-year-old boy, Tommy Jones Herana, Grade 4 pupil of Samboan Central School. The young boy also sang Lady and Ben twice as requested and was given a small cash gift by his very appreciative balikbayan audience.

In spite of the spell of rain, the participants still enjoyed watching some of the town’s heritage sites such as the famed Jacob’s Ladder, Museo de Samboan, St. Miguel de Archangel Parish Church, Stations of the Cross and many others.

“I had been to all the Suroy-Suroy Sugbo, but this is the first time where I really enjoyed watching and took a look at the famous Jacob’s Ladder and so

far my first time to visit the St. Miguel Archangel Parish Church and spent a time to pray,” said Patria Aurora Roa.

Selected students from Samboan National High School amused the guests of the Suroy-Suroy Sugbo Southern Getaway with melody produced by a bamboo and a water drum.

Being part of the Suroy-Suroy Sugbo was like going on a trip to foreign countries, according to Chit Ventura, one of the guests based from Manila. She said she is looking forward to be part of the next Suroy-Suroy Sugbo.

After the two-hour stay, the participants of around 150 persons in six tourist’s buses left the town and had a short stop at St. Gregory Church in Ginatilan, the hometown of the newly canonized San Pedro Calungsod, where Vice Mayor Michael Singco welcomed the guests.

Before the group headed to Kawasan Falls in Badian, they dropped by the old San Nicholas de Tolentino Parish Church of Malabuyoc to buy snacks. But what caught the attention of the guests was the specialty of the town which was the minantikaang saging or “banana cue.”

At 2:30 pm, the guests arrived at their destination; some went swimming while others just took pictures.

Badiankawasan Falls

15cebu monthly

16 Sugbo

ronda

Barili

DaY 3

At the end of the three-day activity (January 25), the participants made last stops in the towns of Ronda, Barili and Talisay.

Entering Ronda, banners welcoming the guests were placed in the front of their Municipal Hall. Guests got to taste Ronda’s famous home-cooked humba. During lunch, Panginabuhi Festival dancers entertained the group.

“Very very amazing, I am so amazed by the dance and the different talents, the organizing committee and the different groups that welcomed us. I mean you can really feel the warm welcome that was given to us by everyone from the mayor to the residents there and even to the children,” said Grace Decena a resident from Manila who joined the Suroy-Suroy for the first time.

cebu monthly 16

SUGBO 17

Acting Governor Agnes joined the participants in Barili. As the guests arrived, she and Mayor Teresito Mariñas welcomed the group at the Villa Elliton in Barili.

Villa Elliton is a historical place bought by a couple named Elizabeth and Antonio Yu. Inside the Villa Elliton House, there you can see some antique (karaan) materials like beds, cabinets, tables, chairs that are made of Tugas tree and rattan, old vases, TVs, electric fan, old guitars and many more.

While others spent their time looking around the interior of the Villa Elliton house, others also took a look at the town’s native products made of romblon, such as tissue boxes, hats, fans, bags and many others.

Mayor Mariñas in his message said that he was very happy that the Suroy-Suroy Sugbo visited the town.

Barili is the center of cottage industry. The town’s delicacies are salvarro, piñato, utap, etc. They also serve one of the best tasting cassava cakes this writer

has ever tasted and washed down with refreshing fresh coconut juice. Before proceeding to Talisay City for dinner, the Suroy-Suroy Sugbo delegates

dropped by the United Footwear Manufacturers Association Incorporated in Carcar City. Even if the city did not participate in the said activity, Mayor Nicepura Apura sent the Kabkaban Festival dancers to entertain the group. The guests, for their part, had a chance to dance together with the festival dancers to the song Mabuhi Ka Sugbuanon.

After shopping in the stalls of footwear products, Magpale and the tour participants bought some of the original Carcar-made shoes.

As the group arrived at Talisay City, Mayor Socrates Fernandez welcomed the participants and offered a magnificent dinner with cultural presentations as entertainment.

Before the group left the town, Governor Magpale, Board Member Sitoy, Mayor Socrates Fernandez together with the guest had their pictures taken.

talisay City

17cebu monthly

18 Sugbo

The monthly show has been scheduled every last Saturday of the month and open to the public for free, with transportation provided by the Provincial Government. On January 26, a cloudy afternoon, one of these awaited jailbirds’ exhibitions was shown.

Clad in orange shirts and pants, some 1,000 inmates displayed their skills in swaying and bopping to energetic pop music like the latest Korean hit, Psy’s Gangnam Style, as well as the late Michael Jackson’s “Thriller” which was the song that catapulted them to fame and made them a certified Youtube sensation. The dance numbers which were dominated by men with several female inmates, captivated the audience of mostly foreign tourists. Visitors from China, Mongolia, Korea, Japan, Germany and other countries watched in fascination as the inmates, in a perfect show of discipline and artistry, danced to their hearts’ content.

The popularity of Cebu’s dancing inmates has

caught the attention of a German TV production company, South and Browse. They filmed a documentary of the inmates’ training and practice the day before. They also interviewed the inmates in their cells, the choreographer Vince Rosales and CPDRC warden Romeo Manansala. This documentary will be shown in a primetime TV show called Galileo, which is very popular among the young viewers in Germany, Switzerland and Austria.

Among other spectators present during the day, Micel Lee, a Korean who is studying English language in one of Cebu’s schools, said that it was his first time seeing the show and found it interesting and enjoyable. He thanked his English mentor who informed him about the event.

Another couple of guests from Canada, the spouses Eric and Luz Aguilar were all smiling when they said that it was the first time they viewed the dancing jailbirds and were so impressed by their discipline. It was worth the time they spent and they professed to relate it to their friends abroad.

World renowned dancing inmates have once again showcased their talents developed

while serving their terms at the Cebu Provincial Rehabilitation Center.

earmark

CPDrC Dancing inmatesshoots for europe

by Ramon Gallardo

BeHinD tHe SCeneS. The inmates prepare themselves backstage amid props and discard-ed costumes. A photo of the Señor Sto. Nino sits on a chair for the moment before going on to serve as the highlight of the show.

cebu monthly 18

SUGBO 19

Due to the language barrier, not everyone wanted to be interviewed. However, one needed only to take one look to see the pleasure that lit their countenances and the subtle tapping of their foot in time with the music.

The Dancing Inmates’ choreographer, Vince Rosales revealed that their preparations for the latest presentation did not take as long since most of the dances have been presented and would just need some adjustments for new participants in lieu of those previous dancers who were already enjoying their liberty after serving their respective sentences inside the jail.

The show, which was witnessed by more or less four hundred people on that day, lasted for almost two hours that began with a passing review like a military drill and ended up with a

Sinulog dance as their finale. Dancing Inmates, to recall, have first caught attention worldwide when they performed some of Michael Jackson’s signature dance moves in the video Thriller and posted the video of the same performance in the net sometime in 2007.

The presentation, on the other hand, helps the inmates control their boredom and temper management as it is also intended for their rehabilitation and as a form of exercise to keep them physically fit and not sickly while serving their terms inside the penitentiary. Their show has likewise earned them some savings for their financial needs when the time comes for them to enjoy their freedom.

19cebu monthly

20 Sugbo

Ulalong 8, 2004

mga kinaiYa Sa Pinulongan nga BiniSaYaBahin 1.

Pasiuna

Sa dugay na nga panahon walâ gayod ing tawo nga natukib sa pinulongan nga Binisayâ nga pinasikad lamang sa kinaiya sa maong pinulongan.

Sa panahon sa mga Kastilâ dinhay mga pari nga nagtukib sa Binisayâ apan ang ilang gigamit nga batakan mao ang pinulongan nga Linatin.

Sa panahon sa mga Amerikano dinhay mga tawo nga nagtukib sa Binisayâ apan ilang gigamit ang ininglis nga batakan sa pagtukib.

Niini lamang mga kaluhaan (20) ka tuig milabáy nga nahitabô nga adunay mga tawo nga nagtukib sa Binisayâ aron pagsabót sa Binisayâ pinaagi sa pagsusi sa iyang kaugalingon kinaiya.

Pahimangnó ni Haniti lopez

Si Haniti (Doctor;Ph.D.) Cecilio Lopez mao ang giila nga “Amahan sa Batadila nga Pilipinhon (Father of Filipino Grammar).” Ania ang iyang pahimangnó: “Angay nga itanom sa hunàhúnà nga ang batadilà (grammar) sa nasodnong pinulongan, o bisan unsang pinulongan sa Pilipinas, aron mamatarong pagpadayag, kinahanglan nga ipasabot sa pamaagi nga iya lang gayod sa pinulongan ug dili ipanundog sa batadila sa Kinatsilâ o ininglis. Sa maong pagkaagi, kinahanglan nga ató nga pangitaon ang taghunadman (psychology) sa pinulongan ug dihâ pagatukoron ang mga latid (rules).”

Ang pinulongan nga Filipino nga gipanudlò karon sa atong mga tulunghaan, walâ mahisubay sa pahimangnò sa ilang giila nga amahan sa maong pinulongan. Kini tungod kay ang Tinagalog, bisan anaa mahisakop sa pinulongan sa madinugtungdugtongon (agglutinative language) gipamugos kini sa pagtudlò ginamit ang batadilà (grammar) sa ininglis nga anaa mahisakop sa pinulongan nga malinubaylubayon (inflectional language).

Tungod kay dili man gayod makaháom, ang sagad mga mahitabô mao ang paggamit sa inginglis nga gitinagalog lamang ang pagtitik sama sa “Kagawaran Ng Edukasyon, Kultura at isport (Department of Education, Culture and Sports).” Ang LUDABi dili buot nga mao kini mahitabô sa Binisayâ. Atong gipaninguhà nga molutaw gayod ang atong kaugalingon nga kinaiya sa paggamit sa atong pinulongan.

ngalan Sa Pinulongan

Ang ngalan sa atong pinulongan mao ang “Sugboanon Bisayà.” Walâ kita mogamit sa ngalan “Cebuano Bisaya” tungod kay kining pulonga adunay gipasabot ang iya lang kini sa lalawigan sa Sugbo. Lisod dawaton sa mga tawo sa laing dapit ang pulong “Cebu” nga maoy gamiton nga ngalan sa atong pinulongan.

Apan ngano man pod nga “Sugbo” nga mao man kanâ ang

Binisayâ sa pulong “Cebu?” Mga igsuon, dilì kanâ tinuod. Ang Binisayâ sa “Cebu” mao ang “Sibó” nga lahî ang kahulogan kay sa “Sugbo.”

Ang pagsudlot sa tubig paingon sa unahan mao ang ginatawag og “Sugbo,” sama ra nga ang pagsudlot sa tubig paingon sa ibabáw mao ang “Ulbo.” Ang Sugbo usab nagkahulogan og pag-ubog dinhâ sa tubig. Tungod kay ang pagsudlot sa tubig paingon sa unahan ug ang pag-ubog dinhâ sa tubig mahitabô man sa bisan asang dapit, walay molalis nga ang ngalang “Sugbo” makapahulagway sa bisan diing dapit nga mahimo ang pagsugbo sa tubig. Busà madawat kini sa mga tawo sa nagkalainláing dapit.

Angay natong hibaloan nga ang ngalan kaniadto sa atong lungsod sa Garcia-Hernandez, Bohol, mao ang Sinugboan o Sugbo. Ang Sugbo karon usa na lamang ka gamay nga balangay sa Garcia-Hernandez. Busâ dili makapanghambog ang mga tawo sa Sibó nga ang pulong Sugbo naghulagway sa ilang lalawigan. Kun hawod na alang kanila ang pulong Sugbo, dinhi sa ató sa Bohol, ang Sugbo gamay pa lamang nga balangay.

Tungod kay daghan man mga matang sa Binisayâ (adunay Hiligaynon, Waray, o Surigawnon, ubp.), mahimo na nga atong dawaton ang ngalan Sugboanon Bisaya.

Sukdanan nga Binisayâ (Standard Bisaya)

Aron usab dili magkagubot ang Sugboanon Bisaya, gikinahanglan nga aduna kitay ilhon nga sukdanan nga Binisayâ (Standard Bisaya).

Ang sukdanan sa minatarong nga Sugboanon Bisaya mao ang sinultihan nga gigamit sa mga lungsod sa Carcar ug Barili, Cebu.

Sa tuig 1600, ang mga Katsilà nagpuyô na sa Sugbo. Ang ilang gihimong mga alagad mao ang gitawag og “Siyalo Sugboanon” nga taga-Carcar ug Barili. Sa tuig 1622, si Tamblot nga taga-Bohol ni sukol sa mga Katsilà. Matod pa sa kasaysayan ang mga Katsilà nagdala sa mga Siyalo Sugboanon aron pagpakiggubat ni Tamblot. Human sa gubat, ang lungsod sa Carcar gibalhin halayó sa baybayon kay nahadlok ang mga Siyalo Sugboanon nga panimaslan unya sila sa mga Bol-anon.

Ang Binisayâ nga nakat-onan sa mga Katsilâ mao ang Binisayâ sa ilang mga alagad nga Siyalo Sugboanon. Daghan sila og titik (letter) “L.” Moingon sila og “Salâ (sin) inay sa “Sä,” “Dilì (no)” inay sa “Dï.”

Tungod kay daghan na man ang nasulat sa mga Katsilà ginamit ang Binisayâ sa Siyalo Sugboanon, dilì na lang natò kini hilabtan. Hinuno-a, mao na kini ang atong giila nga sukdanan sa Sugboanon Bisayà. (To be continued in next issue)

cebuano SectionPagtukiB

Ni: Jes B. Tirol, Ph.D., University of BoholDirector, Akademiyang Bisaya

eDitor’S note: Dr. Jess Tirol is an expert on Sugbuanon grammar and vocabulary. His article “Pagtukib” is the first part of a series, which shall be published in subsequent issues of this publication. With the implementation of the Multi-lingual Education (MLE) system, elementary school teachers can utilize his articles as classroom material. Cebuano language enthusiasts will likewise cherish this for the same reason.

cebu monthly 20

SUGBO 21

At the outset, I would like to express my gratitude to the men and women, most especially to Hon. Arleigh Jay Sitoy and Hon. Miguel Magpale, responsible for putting up Cebu Monthly to enchance wider spread of

information about the Cebu Provincial Government. Pondering on what to name this column I finally struck

on a name which I think would describe the savor of the lives of our readers: man or woman, old or young, rich or poor. For spices can be tasteful or distasteful, delightful or bitter or sweet or sour.

Everybody lives from moment to moment, then from year to year. Some live for many years. Others do not. Obituaries note a person’s birth and death like 1926-2013. We envy a person’s life. But it is not how long, how well he lived. It is the in-between (or the dash) of a person’s life that matter. What have we done for ourselves? For others? For God? It is already written in the Book of Life.

We live in the present. We taste spices of our lives from the moments of today. These brief fleeting times are the ones we will forever remember. The past is past, we cannot live in it again. The future is still uncertain, we may not be able to be part of it.

Today is called present because it is a gift from God for us to enjoy. Today well-lived gives us beautiful memories of our yesterdays. Today well-lived gives us hope.

Because it is February, I wish to share a poem by Janine Stahl about LOVE:

Provincial Consultant on Developmental

Communication Special Projects.

254-2253 evangelinedepaula@

yahoo.com

moment to momentfeeDback

You are the one who tells me

to keep believing in myself,

in you, and in us.

You have become a part of me

i could never live without,

and as long as you care,

i’ll be here for you.

i’ll do anything for you.

This is a special time in our lives,

because we are sharing it together.

i love you.

Sa kasaulugan sa kapistahan sa Balaang Bata Senyor Sto. Niño, diin naandan sa mga Sugbuanon nga anaa pa diri sa Sugbo ug tua na sa laing dapit

nga mag saulog, diin unahon ang mga relihiyusong kalihukan.

Daghan kaayo ang mga kalihukan sa kapistahan ni Senyor Santo Niño nga gihatagan ug dako nga pagtagad sa mga Sugbuanon, walay puas ang gidaghanun sa katawhan, nga nitambong sa inuras nga misa novena, fluvial procession, solemn procession ug naandan nga Sinulog Mardi Gras o parada nga nailhan na sa tibuok kalibutan.

Kitang tanan nalambigit sa tanang mga kalihokan

ug ingon ani kita ka pinangga si Senyor Santo Niño ug siya nagpalayo ka nato sa tanang mga kalamidad.

Daghan kaayo nalipay nga mga manindahay sa kadalanan kay dako kaayo ilang kita gikan sa namaligya ug mga religious articles ngadto na sa mga pagkaon ug ilimnon sa kadalanan kay karong tuig grabe kaayo kadaghan ang mga tawo nisaksi sa mga kalihukan ug magpasalamat ta ug dako uyamot ni Senyor Santo Niño sa maanindot kaayo nga panahon ug wala gayud kita makasinati ug bisan taligsik man lang, susama sa mga niaging katuigan.

Padayon Sugbuanon sa pagdawat sa hapit ug pagsulay sa tagsa-tagsa nato kay kita nasayud dili kita talikdan sa balaang bata Senyor Santo Niño... Viva Pit Senyor!

Sangpit sa balaang bata... Senyor Sto. niño

tingog sa lungsuranon by Popcy Jules Regner

Sa kanunay mahatagan ug pagtagad ang problema sa katawhan sa tibuok lalawigan sa Sugbo ug maaksyonan sa labing dali nga panahon.Pwede kamo nga mupadala sa inyong nga problema i mga hulagway

nga inyong nakita nga nagkinahanglan ug solusyon, Pinaagi sa pag emailpopcyjules@yahoo.com o cellphone no. 09227782252

Contributions from our readers are our feedback, which we deeply appreciate. The “Spices of Life” of Ms. de Paula need not be the only contribution to Cebu Monthly, for we thirst for more. Expressions through writing mold the essence of Cebu Monthly. Email your contributions to:jute.d.confabulator@gmail.com

Ya-ngo-ngo FeeDBaCk

Slices of life by Evangeline Lavilles de Paula

21cebu monthly

22 Sugbo

1

Republic of the Philippines Province of Cebu

SANGGUNIANG PANLALAWIGAN Cebu Capitol, Cebu City

12th SP 33rd Session

EXCERPT FROM THE MINUTES OF THE 33RD REGULAR SESSIONHELD BY THE SANGGUNIANG PANLALAWIGAN OF CEBU, IN ITS SESSION HALL, LEGISLATIVE BUILDING, CAPITOL COMPOUND, CEBU CITY ON OCTOBER 15, 2012.

PRESENT:Hon. Agnes A. Magpale Vice-Governor/Presiding OfficerHon. Julian B. Daan Presiding Officer Pro TemporeHon. Arleigh Jay C. Sitoy Majority Floor LeaderHon. Joven J. Mondigo, Jr. Assistant Majority Floor LeaderHon. Sergio B. Restauro Sanggunian MemberHon. Peter John D. Calderon Sanggunian MemberHon. Wilfredo S. Caminero Sanggunian MemberHon. Caesar Ian Geronimo R. Zambo Sanggunian MemberHon. Alex S. Binghay Sanggunian MemberHon. Jude Thaddeus Durano Sybico Sanggunian MemberHon. Miguel Antonio A. Magpale Sanggunian MemberHon. Thadeo Z. Ouano Sanggunian MemberHon. Carmen Remedios Durano-Meca Sanggunian Member (PCL)

Hon. Jose Ribomapil S. Holganza, Jr. Sanggunian Member (FABC)Hon. Aladin Wilyamie P. Caminero Sanggunian Member (PPSK)

ON LEAVE:Hon. Sun J. Shimura Sanggunian Member

RESOLUTION NO. 1483-2012

AUTHOR : HON. THADEO Z. OUANOCO-AUTHORS: ALL OTHER SP MEMBERS PRESENT

WHEREAS, Section 16 of RA 7160 known as the General Welfare Clause provides that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, for its efficient and effective governance, and shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety and enhance the right of the people to a balanced ecology;

WHEREAS, The people and the government of the Province of Cebu, recognizing that humans have both the fundamental right to a healthy and balanced ecology and a quality of life in harmony with nature, through this Ordinance reaffirm, and abide by the principles and declarations on environment and development enunciated by our Constitution, treaties and international agreements, jurisprudence, laws and local ordinances of which thePhilippines is a state-party;

WHEREAS, pursuant thereto, hereby ordain the need to integrate environmental policies with the social and economic dimensions of development based on the paradigm of intergenerational equity; encourage the establishment and operation of institutional mechanisms of transparent and participatory governance and uphold as imperative and preponderant the universally accepted tenets of sustainable development.

p.t.o./

2

Res. No. 1483-2012/Ord. No. 2012-13 Page 2

WHEREAS, this Environmental Code defines the provincial government’s interaction with component local government units and other provinces, as well as its own stand and position, on environmental issues that are trans-jurisdictional in nature, and with the national government agencies in adopting the laws, implementing rules and regulations, concerning the environment and connects them with the aspirations of the Cebuanos for sustainable development.

WHEREAS, this Code provides and defines frameworks, principles and strategies to resolve conflicting views and challenges on the sustainable development aspects of major projects affecting the Cebuano society, we believe that such policies can best be carried out through the enactment of the Environment Code of the Province of Cebu;

NOW, THEREFORE, on motion of Member, Hon. THADEO Z. OUANO and adopted as on Mass Motion by all the Members of this Body present, duly seconded by the same, be it

RESOLVED to enact, as it is hereby ENACTED the following:

ORDINANCE NO. 2012-13

ADOPTING THE ENVIRONMENTAL CODE OF THE PROVINCE OF CEBU

The Sangguniang Panlalawigan of Cebu, hereby ORDAINS, that:

ARTICLE I TITLE, POLICIES, LEGAL BASES, DEFINITION OF TERMS

SECTION 1. TITLE. This code shall be known as the Environment Code of the Province of Cebu and shall hereinafter be referred to as the Code.

SECTION 2. DECLARATION OF POLICY. The Province adheres to the principles for attaining sustainable development and its pillars, namely, economic viability,environmental responsibility, social equity and political/cultural vitality as defined in Agenda 21 signed and ratified by the Philippines.

The Province recognizes that various legitimate stakeholders have common interest in promoting sustainable development but they have different perspectives and priorities as far as the pillars of sustainability are concerned.

The Province recognizes the prerogatives of the decision makers in private and public sectors commensurate to their responsibilities and risks. However, it is important for the decision makers to take full cognizance of the differing views of various stakeholders in the decision-making process.

The Province promotes public consultation on important undertakings that may have significant impact on the environment. The public consultation process must conform to specific procedures required by law.

p.t.o./

environmental coDe

cebu monthly 22

SUGBO 23

3

Res. No. 1483-2012/Ord. No. 2012-13 Page 3

The Province promotes the use of economic tools, incentives and analysis in decision-making especially in the selection of alternatives to make it more competitive in the international market, thus, enhancing its economic development, use of environmental resources and uplifting the social and cultural well-being of Cebuanos.

The Province promotes continued research, development and application of appropriate scientific and technological advancement in order to improve the utilization efficiency of its environmental resources, improve productivity, and enhance the quality of life of the Cebuanos.

SECTION 3. LEGAL BASES. This code is promulgated by the Province of Cebu based on its authority, responsibility and mandate as provided for in the Local Government Code of 1991 or RA 7160, national laws and the implementing rules and regulations, Executive Orders, Presidential Proclamations, Administrative Orders, Department Administrative Orders and Procedural Manuals, (see Annex for Listing of Relevant Laws).

SECTION 4. DEFINITION OF TERMS

As used in this Code, the following terms shall mean as follows: 1) Air pollution – is the introduction of chemicals, particulate matter such as dust, or

biological materials into the atmosphere that cause harm or discomfort to humans orother living organisms, or cause damage to the natural environment or build environment;

2) Biodiversity – the full array of the biological diversity of life, including genetic, species, community, and ecosystem variations. It is the variety of life in all its forms, and all the interactions between living things and their environment. It includes ecosystem diversity, landscape diversity, community diversity, species diversity, and genetic diversity

3) Buffer zones – are identified areas outside the boundaries of, and immediately adjacent to, core zones of designated protected areas that need special development control in order to avoid or minimize harm to the protected area.

4) Civil society – refers to the private sphere of society and includes individuals and organizations that are autonomous and independent from the State, such as Non-Government Organizations (NGOs), People’s Organizations (POs), Church, private firms, academe, media.

5) Disposal site – refers to any designated area where wastes shall be discharged, deposited and dumped.

6) Ecosystem - an ecological community considered as a unit that consists of both living and non-living organisms and its environment.

7) Eco-Tourism - "A low-impact, environmentally-sound and community-participatory tourism activity in a given natural environment that enhances the conservation of biophysical understanding and education and yields socio-economic benefits to the concerned community."

8) Endangered species - are species in danger of extinction throughout all or a significant portion of their range, as defined by the Protected Areas and Wildlife Bureau.

9) Fauna – refers to all species of animals.10) Fisherfolk – people directly or personally and physically engaged in taking out and/or

culturing and processing fishery and/or aquatic resources. 11) Fishery Species – all aquatic flora and fauna including, but not restricted to, fish, algae,

coelenterates, mollusks, crustaceans, echinoderms and cetaceans.12) Fishing – the taking of fishery species from their wild state or habitat, with or without

the use of fishing vessels.

p.t.o./

4

Res. No. 1483-2012/Ord. No. 2012-13 Page 4

13) Flora- refers to all species of plants.14) Forests – vegetative land cover with an area of more than 0.5 hectare and tree crown

cover (or equivalent stocking level) of more than ten (10) percent. The tree should be able to reach a minimum height of five (5) meters at maturity in situs. It consists either of closed forest formations where trees of various storey and undergrowth cover a high proportion of the ground or open forest formations with a continuous vegetation cover in which tree crown cover exceeds ten (10) percent. Young natural stands and all plantations established for forestry purposes which have yet to reach a crown density of more than ten (10) percent or tree height of 5 meters are included under forests.

15) Forestlands - lands of the public domain classified as such under the land classification program of the DENR and all unclassified lands of the public domain.

16) Greenbelts – refers to areas around the town, cities and other centers of the population wherein the development is strictly controlled for the purpose of providing the residents of the community with a healthy and wholesome environment.

17) Green Infrastructure - a concept that highlights the importance of the natural environment in decisions about land-use planning. In particular there is an emphasis on the "life support" functions provided by a network of natural ecosystems, with an emphasis on interconnectivity to support long-term sustainability. Examples include clean water and healthy soils, as well as the more anthropocentric functions such as recreation and providing shade and shelter in and around towns and cities. The Green Infrastructure approach analyses the natural environment in a way that highlights its function and subsequently seeks to put in place, through regulatory or planning policy, mechanisms that safeguard critical natural areas. Where life support functions are found to be lacking, plans may propose how these can be put in place through landscaped and/or engineered improvements.

18) Hazardous substances” are substances which present either: a) short-term acute hazards such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire or explosion; b) long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some case result from acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors.

19) Hazardous wastes” are substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country or origin for dumping or disposal into or in transit through any part of the territory of the Philippines. “Hazardous wastes” shall also refer to by-products, side-product process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations and as consumer discards of manufactured products which present unreasonable risk and/or injury to health and safety and to the environment.

20) Host and neighboring communities – host community refers to the specific community (barangay/municipality/city) where an activity or project, such as but not limited to, mining/quarrying, power plant, factory, eco-tourism site is located. Neighboring community refers to the immediately adjacent barangay/municipality/city of the host community.

21) Minerals – refer to all naturally occurring inorganic substance in solid, gas, liquid or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.

22) Mineral processing – the milling, beneficiation, leaching, smelting, cyanidation, calcination or upgrading of ores, minerals, rocks, mill tailings, mine waste and/or other metallurgical by-products or by similar means to convert the same into marketable products. (Sec. 5.bd, DENR DAO No. 2010-21);

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23) Mineral products – materials derived from ores, minerals and/or rocks and prepared into a marketable state by mineral processing;

24) Mineral resources – any concentration of ores, minerals and/or rocks with proven or potential economic value (Sec. 5.bh, DENR DAO No. 2010-21);

25) Mineral trading – the trading, retailing and dealing of minerals and mineral products; 26) Mining – activities involving exploration, development and utilization of minerals;27) Mining related activities – any and all activities related to mining such as, but not

limited to the loading, hauling and stockpiling of minerals and mineral products within the mine site area, pier/wharf area, and mineral trading stockpile area;

28) Mine safety/health practices – refer to the strict adherence of safety and health measures through adoption of effective monitoring systems, inspections and investigations of all aspects of mining activities with utmost regard to the safety and health conditions of all mining permit holders, workers, and contractors;

29) Mining Permit – includes Exploration, Quarry, Sand and Gravel (commercial, industrial and exclusive), Gratuitous (Government or Private), Guano, Gemstone gathering and Small-Scale Mining Permit.

30) Municipal waters – include not only streams, lakes, 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), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from opposite shores of the respective municipality.

31) Natural Heritage - Natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from an aesthetic or scientific point of view; Geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; Natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.

32) Natural Lands/Open Spaces - land that is valued for natural processes and wildlife, agricultural and forest production, aesthetic beauty, active and passive recreation, and other public benefits. Such lands include working and natural forests, rangelands and grasslands, farms, ranches, parks, stream and river corridors, and other natural lands within rural, suburban, and urban areas.

33) Noise – means an erratic, intermittent, or statistically random oscillation, or any unwanted sound.

34) Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, or industrial purpose

35) Nuisance – Anything that injures health, endangers life, offends the senses or produces discomfort to the community.

36) Protected Areas – refer to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation, as per the NIPAS Act.

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37) Quarry Permit – a document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands.

38) Quarrying – the process of extracting, removing and disposing quarry resources found on or underneath the surface of public or private land. (Sec. 5.ch, DENR DAO No. 2010-21).

39) Rare species - are any specie with very low occurrences, either naturally or as a result of human actions.

40) Septage means the sludge produced on individual onsite wastewater-disposal systems,principally septic tanks and cesspools.

41) Septic Tank –A water tight receptacle which receives the discharge of a plumbing system or part thereof, and is designed to accomplish the partial removal and digestion of suspended solid matter in the sewage through a period of detention.

42) Sewage- 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.

43) Small-Scale Mining – refers to mining activities which rely heavily on manual labor using simple implements and do not use explosive or heavy mining equipment.

44) Sustainable use – use of components of biodiversity, in a manner where there is a balance in the natural growth and recovery of the resource, against the extraction of the resource, and which does not lead to the long-term decline of biodiversity.

45) Smart Growth - Urban planning and transportation theory that concentrates growth in compact walkable urban centers to avoid sprawl. It also advocates compact, transit-oriented, walkable, bicycle-friendly land use, including neighborhood schools, complete streets, and mixed-use development with a range of housing choices. Smart Growth values long-range, regional considerations of sustainability over a short-term focus. Its goals are to achieve a unique sense of community and place; expand the range of transportation, employment, and housing choices; equitably distribute the costs and benefits of development; preserve and enhance natural and cultural resources; and promote public health.

46) Threatened species - are likely to become endangered within the foreseeable future, as defined by the Protected Areas and Wildlife Bureau of the DENR.

47) Utilization – refers to the extraction and/or disposition of natural resources for personal or commercial use.

48) Waste - means any material either solid, liquid, semisolid, contained gas or other forms resulting from industrial, commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and discarded.

49) Wastewater- waste in liquid state containing pollutants.50) Waste/Wastewater Treatment- means any method, technique, or process designed to

alter the physical, chemical or biological and radiological character or composition of any waste or wastewater to reduce or prevent pollution.

51) Watershed – is the total land area that contributes to the flow of a waterbody, upstream of the tapping point or reckoning point and point of interest; and whose surface runoff drains to a common outlet.

52) Wildlife sanctuary – comprises an area that 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.

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ARTICLE IILAND USE

SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONSa) Allocation of land use resource is based on suitability and sustainability for various land

uses, projected demand for the products and services of various sectors without adverse environmental impacts on other existing or proposed land uses in the area.

b) Areas that are vulnerable to landslide, storm surge, severe flooding, subsidence and forms of geologic hazards and loss of floral and faunal biodiversity with changing climate condition, natural areas for its ecological importance, and prime agricultural must be allocated for conservation purposes.

c) Land resource allocation and conservation areas should be consistent with the Provincial Physical Framework Plan and Component City/Municipal Comprehensive Land Use Plan.

SECTION 2. SCOPE OF POWERS. In the exercise of its inherent powers, duties and functions, the Province and its component Cities and Municipalities shall adopt adequate measures to safeguard and conserve land, mineral, fresh water, forest and other resources pursuant to Republic Act No. 7160 and other related laws and issuances.

SECTION 3. LAND USE PLANNING. The Province shall actively pursue through a participatory process the preparation of the Provincial Development and Physical Framework Plan (PDPFP), which exerts a key vertical influence in ensuring the linkage of local development objectives with regional and national priorities. The PDPFP will be continuously updated to ensure its consistency with the Philippine Agenda 21’s three pillars of sustainable development and the Province’s development goals and objectives which may change and vary as the years progresses. The province shall:

a. through its review of Comprehensive Land Use Plans of component cities and municipalities, shall ensure that land is utilized according to the most suitable use and promoting equitable access to the resources, without sacrificing ecological considerations;

b. in reviewing the comprehensive land use plan ordinance, will require consultation of adjacent local government units in order to prevent incompatible land uses across the boundary lines, including but not limited to, the shared concerns and responsibilities on the common resource, such as; the river, stream, creek, or any waterbody;

c. where a particular land use involves three or more LGUs, the Province on its own initiative or upon recommendation of the cluster of concerned LGUs may prepare the land use management plan, especially for projects of significance to the whole province, such as; watershed for drinking water, rainwater impoundment, transport corridors and stations, regional or inter-LGU shared solid waste management facilities, large power and industrial estates. The concerned LGUs will have to reflect in their local ordinances the land use management plan;

d. review, from time to time, the implementation of the LGU comprehensive land use plan, especially the variants granted and its impacts on the CLUP of adjacent LGUs;

e. for urban areas, RA 7279 requires LGUs to conduct/make land use inventory for acquisition and disposition of lands for socialized housing. The Province will coordinate and review the land use inventories and the development of socialized housing with the intention of allocating relocation sites for legitimate beneficiaries;

f. review and assess, from time to time, the effectiveness of its development planning system in achieving goals for sustainable development and environmental protection, and will adopt and implement more effective and sustainable approaches (e.g. smart growth) to realized said development and environmental goals.

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g. The Cebu PDPFP lays down the policy agenda of the following: Production Land Use, Protection Land Use, Settlements and Infrastructure. This set of policy agenda shall be the bases for the detailed component cities and municipalities plans such as the Comprehensive Land Use Plan (CLUP), the term-based Comprehensive Development Plan (CDP), Annual Investment Program, etc. Comprehensive Land Use Plans of component cities and municipalities must be consistent with that of the Province and in case there is conflict as to priorities Local Government Units are allowed to petition for modification, amendment, revision and or variance in harmony with the principle of Local Autonomy.

SECTION 4. PRESERVATION OF NATURAL LANDS AND OPEN SPACES.The Province, within ninety (90) days from the approval of this Code shall request all Local Government Units within the Province of Cebu in consultation with the Department of Environment and Natural Resources Region 7 (DENR-7) to identify the natural lands and open spaces within its jurisdiction to determine which lands are most important to protect and which are best suited for development. After such identification, each LGUs shall endorse such list in the form of a resolution to the Technical Working Group created by the Governor for the formulation of Implementing Rules and Regulations (IRR) for its incorporation.

Natural, undeveloped lands and open space deliver many important environmental services, including protection of drinking water sources, groundwater recharge, water and air quality protection, stormwater management, natural management of floods, critical wildlife habitat, crop pollinator habitat, and carbon sequestration. These lands can also provide recreation and tourism opportunities, support natural resource-based industries, and play a critical role in shaping regional development patterns. Importantly, residents place great value on efforts to protect the scenic beauty of the natural areas of their localities. Natural lands often are protected in an uncoordinated and fragmented fashion, if at all. This can make it difficult to realize the full environmental benefits of preservation and also can reduce the effectiveness of using land preservation to shape growth patterns and direct development to existing communities. A more systematic approach can help focus and coordinate conservation, planning, and investment efforts at the state and local levels to achieve statewide land preservation goals and objectives.

The Province shall assist component cities and municipalities set and achieve land conservation goals. Local land preservation efforts are critical to meeting province wide land preservation goals. Local efforts can benefit from both technical and financial support from the provincial government. The province can support local efforts by inventorying open space and natural areas, providing mapping support, technical information and assistance, training, and matching funds that are contingent on demonstrated local leadership and commitment to land conservation.

SECTION 5. PROTECTION OF PRIME AGRICULTURAL LANDS. The Province shall support and implement programs and projects for the preservation and protection of prime agricultural lands (as Agricultural Land Reserve) as a means to contain urban growth and to maintain a productive, secure and economically viable agricultural land base in Cebu Province. In essence, the Agricultural Land Reserve will create a boundary that will oblige local governments to seek out more innovative approaches to growth through densification rather than simply sprawling onto farmland. The benefits from this in terms of reduced automobile use and lower infrastructure costs are significant from both an economic

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g. The Cebu PDPFP lays down the policy agenda of the following: Production Land Use, Protection Land Use, Settlements and Infrastructure. This set of policy agenda shall be the bases for the detailed component cities and municipalities plans such as the Comprehensive Land Use Plan (CLUP), the term-based Comprehensive Development Plan (CDP), Annual Investment Program, etc. Comprehensive Land Use Plans of component cities and municipalities must be consistent with that of the Province and in case there is conflict as to priorities Local Government Units are allowed to petition for modification, amendment, revision and or variance in harmony with the principle of Local Autonomy.

SECTION 4. PRESERVATION OF NATURAL LANDS AND OPEN SPACES.The Province, within ninety (90) days from the approval of this Code shall request all Local Government Units within the Province of Cebu in consultation with the Department of Environment and Natural Resources Region 7 (DENR-7) to identify the natural lands and open spaces within its jurisdiction to determine which lands are most important to protect and which are best suited for development. After such identification, each LGUs shall endorse such list in the form of a resolution to the Technical Working Group created by the Governor for the formulation of Implementing Rules and Regulations (IRR) for its incorporation.

Natural, undeveloped lands and open space deliver many important environmental services, including protection of drinking water sources, groundwater recharge, water and air quality protection, stormwater management, natural management of floods, critical wildlife habitat, crop pollinator habitat, and carbon sequestration. These lands can also provide recreation and tourism opportunities, support natural resource-based industries, and play a critical role in shaping regional development patterns. Importantly, residents place great value on efforts to protect the scenic beauty of the natural areas of their localities. Natural lands often are protected in an uncoordinated and fragmented fashion, if at all. This can make it difficult to realize the full environmental benefits of preservation and also can reduce the effectiveness of using land preservation to shape growth patterns and direct development to existing communities. A more systematic approach can help focus and coordinate conservation, planning, and investment efforts at the state and local levels to achieve statewide land preservation goals and objectives.

The Province shall assist component cities and municipalities set and achieve land conservation goals. Local land preservation efforts are critical to meeting province wide land preservation goals. Local efforts can benefit from both technical and financial support from the provincial government. The province can support local efforts by inventorying open space and natural areas, providing mapping support, technical information and assistance, training, and matching funds that are contingent on demonstrated local leadership and commitment to land conservation.

SECTION 5. PROTECTION OF PRIME AGRICULTURAL LANDS. The Province shall support and implement programs and projects for the preservation and protection of prime agricultural lands (as Agricultural Land Reserve) as a means to contain urban growth and to maintain a productive, secure and economically viable agricultural land base in Cebu Province. In essence, the Agricultural Land Reserve will create a boundary that will oblige local governments to seek out more innovative approaches to growth through densification rather than simply sprawling onto farmland. The benefits from this in terms of reduced automobile use and lower infrastructure costs are significant from both an economic

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and environmental perspective. Moreover, the proximity of ALR land also radically increases the quality of life of urbanites that benefit from locally grown food sources, its role as open space and from the important green infrastructure functions that it provides. As such, protecting agricultural land through the ALR is a key smart growth strategy.

SECTION 6. COASTAL RECLAMATION. While it recognizes the economic benefits of reclamation projects, Cebu Province needs to fully consider the ecological value of marine resources and the ecological impacts of reclamation. It also has to consider the rights of the stakeholders to be provided with sufficient information on the environmental effects of a proposal, possible alternative locations, the reason for making the proposed choice, and to ensure that the reclamation is the most effective means.

The Province recognized the need for integrated coastal land reclamation policy and development control consistent with the province’s environmental and sustainable development policies. In view of the many issues and concerns on coastal reclamation projects, upon effectivity of this code, the Province – in consultation with relevant agencies, research/academic institutions, non-government organizations and stakeholders - will review its coastal reclamation policies and legislation and prepare guidelines/development framework for sustainable coastal reclamation projects.

SECTION 7. CEBU PROVINCE RECLAMATION AUTHORITY (a) It is the policy and intention of the Province of Cebu to undertake the reclamation of all

foreshore and submerged lands and all other feasible and suitable areas within the jurisdiction of the Province of Cebu, including the Island of Cebu, Mactan, Olango Group, Bantayan Group and Camotes Group, and all other areas where the Province of Cebu holds prior rights to undertake any kind of reclamation projects.

Accordingly, the Province of Cebu hereby reserves its right and manifests its intention and resolve to undertake the reclamation of all foreshore and submerged lands and all other feasible and suitable areas in the aforementioned areas.

Thus, it shall be unlawful for any person, corporation or entity to undertake a reclamation project within the aforementioned areas except by or under the authority of the Provincial Government. (Sec. 1, Ord. No. 96-14; Sec. 1, Ord. No. 97-6; Sec. 1, Ord. No. 97-12; Sec. 1, Ord. No. 2006-04; Sec. 1. Ord. No. 2009-02)

(b) Funding source. All reclamation projects will be funded by local fund and/or through credit financing under the provisions of Title IV, Book II of the Local Government Code particularly Sections 295-303 of the said code, and such other sources as may be allowed by law. (Sec. 2, Ord. No. 96-14; Sec. 2, Ord. No. 97-6; Sec. 2, Ord. No. 97-12; Sec. 2, Ord. No. 2006-04; Sec. 2. Ord. No. 2009-02)

(c) Implementing Authority. There is hereby created the Cebu Province Reclamation Authority (CPRA) to be composed of the following:

Chairman: Cebu Governor Members: Chairman, Sangguniang Panlalawigan Committee on Public Works,

Highways and Infrastructure; Chairman, Sangguniang Panlalawigan Committee on Tourism; Chairman, Sangguniang Panlalawigan Committee on Ways and Means;

Chairman, Sangguniang Panlalawigan Committee on Budget and Appropriations;

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Chairman, Sangguniang Panlalawigan Committee on Environmental Conservation and Natural Resources; Chairman, Sangguniang Panlalawigan Committee on Planning and Development; Chairman, Sangguniang Panlalawigan Committee on Laws and Review on Ordinances;Chairman, Sangguniang Panlalawigan Committee on Provincial and Municipal Properties;Cebu Provincial Legal Officer;

Cebu Provincial Planning and Development Officer; Cebu Provincial Engineer;

Cebu Provincial Treasurer; Cebu Provincial Budget Officer; Cebu Provincial Administrator; and. Cebu Provincial Assessor.

In addition thereto, the governor may appoint, in his/her discretion, three (3) additional members. (Sec. 3, Ord. No. 96-14; Sec. 3, Ord. No. 97-6; Sec. 3, Ord. No. 97-12; Sec. 3, Ord. No. 2006-04; Sec. 3. Ord. No. 2009-02)

(d) Powers of the Authority. The CPRA shall be conferred the following powers, duties, functions and responsibilities:

a. To identify the specific areas mentioned in Section 1 hereof that are feasible and suitable for reclamation projects, prioritize these specific areas, and prepare feasibility and detailed engineering studies and plans therefor;

b. To approve, undertake and prosecute reclamation projects as it may deem feasible, suitable, fit and necessary, as well as develop the lands reclaimed pursuant to said projects;

c. To prescribe policies, rules and regulations governing the reclamation projects already undertaken and still to be undertaken by component and other local government units, other government agencies, subdivisions and instrumentalities, and by private persons or corporations and entities, regardless of funding source. Pursuant to this function, the CPRA shall be incorporated in such policies, rules and regulations, provisions that the Province of Cebu shall be entitled to at least ten percent (10%) of the usable reclaimed land in all reclamation projects, undertaken by authority of the Province for Cebu, whether already undertaken or those still to be undertaken by any of the foregoing entities, regardless of funding source;

d. To enter into joint venture agreements, or similar and other agreements with any entity with respect to the prosecution of reclamation projects; provided no term or condition in said joint venture agreement shall be inconsistent with the provision of this code;

e. To have such other powers necessary, incidental and implied to properly and efficiently discharge the policies and mandates of this code;

f. To promulgate implementing rules and regulations to effectively implement this code. (Sec. 4, Ord. No. 96-14; Sec. 4, Ord. No. 97-6; Sec. 4, Ord. No. 97-12; Sec. 4, Ord. No. 2006-04; Sec. 4. Ord. No. 2009-02)

(e) Honorarium. The members of the CPRA are entitled to receive honorarium in accordance with existing regulation. (Sec. 1, Ord. No. 97-24)

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(f) Foreshore leases. All applications for foreshore leases or any other development of foreshore and submerged lands in the Province of Cebu shall require the favorable endorsement of the authority. Subsisting foreshore leases shall be registered with the authority within sixty (60) days from effectivity of this code. (Sec. 5, Ord. No. 96-14; Sec. 5, Ord. No. 97-6; Sec. 5, Ord. No. 97-12; Sec. 5, Ord. No. 2006-04; Sec. 5. Ord. No. 2009-02)

(g) Existing rights. Notwithstanding any provision in this code to the contrary, nothing herein shall be understood as to impair or diminish existing rights of any person or entity. (Sec. 6. Ord. No. 2009-02)

(h) Appropriations. An initial amount of Two Million Pesos (P2,000,000.00) shall be appropriated for the operation of the Authority. Thereafter, the budget for its operation shall be included in the Annual Budget of the Province of Cebu. (Sec. 6, Ord. No. 96-14; Sec. 6, Ord. No. 97-6; Sec. 6, Ord. No. 97-12; Sec. 6, Ord. No. 2006-04)

ARTICLE IIIFOREST RESOURCES

SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. All forest management undertakings within the Province and Component Cities/Municipalities shall be in accordance with the principles of participatory, accountability and transparency, and shall be guided by the following objectives: a) To preserve and maintain the ecological, economic and cultural services of the forest

resources to support economic growth and development requirement of the Province and its component cities and municipalities

b) To protect and rehabilitate watersheds to assure abundant supply of water requirements for domestic, agricultural, fisheries, industrial and recreational water.

c) To ensure that activities conducted within the forest lands are in accordance with national guidelines, rules and regulations and that the remaining natural forests shall be managed for non-destructive purposes only such as ecotourism, habitat for wildlife, and preservation of plants for future generations.

SECTION 2. SCOPE OF POWERS. In the exercise of their respective mandates, the Local Government Units shall:

A. The Cebu Province shall:

1) adopt adequate measures to safeguard and conserve water, land, mineral, marine, forest and other resources, protect the environment and impose appropriate penalties for acts which endanger the environment, such as; illegal logging and smuggling of logs, smuggling of natural resources products and endangered species of flora and fauna, slash and burn farming, and other inappropriate land uses.

2) ensure the attainment and optimization of environmental, aesthetics, and economicbenefits from all watershed programs and projects through holistic, participatory planning and management and effective implementation of interventions to sustain their production of multiple goods and services for the present and future .generations;

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3) will coordinate the delineation of forest reserves and the forest land use plan of adjacent LGU to maximize the use of the forest for conservation, water recharge areas, eco-tourism, recreation, and habitat for diverse indigenous flora and fauna.

4) For large tracts of forestlands that remain under the control of DENR, the Province will coordinate with the Forest Management Services and with the Protected Areas, Wildlife and Coastal Zone Management Services in the formulation of the development of the conservation and utilization plans; the Province will consult the LGUs affected by the DENR activities and will be the advocate for their concerns.

5) supports sustainable use of forest resources; users of forestlands should contribute to rehabilitation of denuded forest areas using native tree species.

6) Enforce forestry laws pertaining to illegal logging, unlawful occupation and destruction of forest lands;

7) Apprehend violators of forest laws, rules and regulations and assist in the preparation and filing of criminal complaint in the Office of the Prosecutor;

8) Assist in the confiscation, forfeiture and disposition of illegally cut and transportedconveyed forest products, conveyances, equipment and other implements used in thecommission of offenses penalized under existing laws;

9) Establish Integrated Social Forestry, Communal Forests and watersheds or sub-watersheds;

B. The component Cities and Municipalities shall:

10) 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.

11) Establish and maintain communal forests with an area not exceeding fifty (50) square kilometers, pursuant to Section 17 of Republic Act No. 7160; provided, that the concerned local government unit shall endeavor to convert into a community based forestry projects;

12) 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;

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13) 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;

14) 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;

15) 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;

16) 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

17) Implement Soil Resource and Conservation Projects.

C. The Barangay shall18) Protect and manage remaining forest pockets; 19) Establish community-based nurseries;20) 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 and 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;

21) Pass Ordinances on Barangay Forest Protection; 22) Implement tree planting activities;23) Monitor projects on the ground.

SECTION 3. MANAGEMENT OF PROTECTED FORESTS. For 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, including the civil society, 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 toward the effective management of the protection forestsfor sustainable water supply, inland habitat protection, conservation of waterways and natural ponds/ lakes, wetlands, and right-of-ways, eco-tourism, forest-based recreation, biodiversity conservation, and scientific and educational advancement.

ARTICLE IVWILDLIFE, BIODIVERSITY AND NATURAL HERITAGE CONSERVATION

SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. It is important to protect and maintain the natural biological and physical diversities of the environment to sustain human life and development.

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a) It is the policy of the Province to secure for its constituents of present and future generations the perpetual existence of all native plants and animals.

b) Conservation and protection of wildlife species and their habitats to promote ecological balance and enhance biological diversity;

c) maintain ecological integrity in a manner that insures the long-term viability of all native species, natural community types and enduring features in the Province

SECTION 2. SCOPE OF POWERS. In the exercise of their powers, functions and responsibilities, the Provincial Government shall:

1) enforce biodiversity conservation and formulate legislation for the protection of species of flora and fauna, including but not limited to, endemic to Cebu province.

2) ensure wildlife, genetic resource, and biodiversity protection in its development plans, programs and projects, with due regard to the following:

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

b. results of studies on biological limits of natural resource capacity, resilience and renewability, environmental protection, especially wildlife habitat, niche and genetic biodiversity belts, shall be viewed by all as a shared responsibility;

c. biological diversity shall be conserved through institutional support and direct involvement of local communities and civil society; and 4) 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.

3) encourage, support, and initiate community based biodiversity conservation initiates.

SECTION 3. DECLARATION OF GAME REFUGES, AND WILDLIFE SANCTUARY. The Provincial Government shall initiate and coordinate with concerned national agencies, city/municipal governments, non-government organizations, and private institutions in the identification of specific areas, which shall be declared as game refuge and wildlife sanctuaries for the province’s endemic, endangered, and threatened flora and fauna, such as, but not limited to the Cebu Flowerpecker, Black Shama, and the Cinnamon tree.Appropriate ordinance shall be passed declaring sanctuaries for the same, as well as, the establishment of refuge and rescue centers.

SECTION 4. PROTECTION OF NON-CITES SPECIES. The Province may also decide to strictly prohibit hunting of terrestrial and marine species not listed in the CITES(Convention on International Trade in Endangered Species) but are nevertheless highly exploited and hunted for recreation, food, and other purposes that may contribute to their eventual extinction.

SECTION 5. NATURAL HERITAGE CONSERVATION. As part of its commitment to sustainable development, the Province shall ensure that the natural heritage is conserved and enhanced for the benefit of present and future generations. It is also committed to an integrated approach to development which recognizes that the

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environmental, economic and social dimensions of life are intimately inter-related and equally important. It considers that new development can play an important role in securing environmental improvements and wishes to ensure that the conservation and enjoyment of the natural heritage bring benefits to local communities and provide opportunities for social and economic progress. However, it also recognizes that, in some cases, the need to protect the natural heritage will necessitate refusing permission for development which might otherwise have offered short-term benefits.

The immediacy of having a heritage conservation plan is being brought to the province’sattention with the continuing destruction and degradation of the Cebuanos natural heritage (such as cutting of century-old trees), thus, upon the approval of this Code, the Province, in collaboration with research/academic institutions, non-government organizations/foundations, concerned agencies, shall conduct a comprehensive survey, identifying, evaluating, and formulating a management plan or program for Natural Heritage conservation in Cebu Province.

The natural heritage conservation plan/plan will integrate past and present initiatives and legislations for species that are already covered by local ordinances.

SECTION 6. BIRDS, TREES AND STALACTITES. It is the policy of the Province of Cebu to stay at the forefront of preserving indigenous species of birds and other flora and fauna, generally and be active in conserving those which are endangered.

(a) Definition. As used in this section, the following meanings are given to the corresponding terms, to wit:a. Bird – means any member of the Aves Class of warm-blooded vertebrates

distinguished from all other animals by the body being more or less completely covered with feathers, with its forelimbs forming wings by means of which most species fly in the air, such as but not limited to, sparrows, orioles, parrots, black shama, or those locally known as “tikarol”, “punay”, “gansiyang”, “tamsi”, “tokmo”, etc. It shall also include those birds which are migratory in nature and those which are considered by competent government agencies as endangered bird species. Not covered by these are pigeons, quails, ducks, chickens or other birds domesticated and for food production or other birds which are under one’s control or domestication.

b. Black Shama or Siloy (Copsychus Cebuensis) – a bird endemic to Cebu that produces an alluring tune.

c. Cave/cavern – a natural underground chamber of large extent with an opening to the surface; any natural cavity in the earth, large enough to permit entry.

d. Cebu Flower Pecker – refers to that bird which is scientifically called as Dicadeum Quadricolor and is a bird endemic to Cebu.

e. Grotto – a small cave or a small room or nook in a larger cave.f. Hunting – means to chase, pursue, follow after or on the trail of stalk, lie in wait for

the purpose of taking trap or attempt to trap or shoot at a migratory bird whether or not the migratory bird is then or subsequently captured, killed or injured.

g. Neotropical – “neo” refers to the “new” world, or the Americas and “tropical” refers to the latitudinal region between the Tropic of Cancer and the Tropic of Capricorn.

h. Quarrying – the process of extracting, removing and disposing of mineral resources found on or within a cavern located in a public or private land.

i. Stalactite – (from the Greek words stalaktos, dripping or stalassein, to let drip) an icicle-shaped limestone carbonate deposit hanging from the roof or sides of a cavern.

j. Stalagmite – (from the Greek words stalagma, drops, or stalagmos, to let drip) a limestone carbonate deposit resembling an inverted stalactite rising from the floor of

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(j) Prohibited act. Any activity that tends to diminish the population of the Siloy such as its capture and possession, or the act of hunting, shooting or trapping it is prohibited. (Sec. 1 and 2, Ord. No. 97-42)

(k) Eggs and nest. The act of destroying or taking away of the nests or eggs of Siloy, except for ornithological or scientific studies or purposes and with prior certification or authorization from and by the PENRO, is also hereby prohibited. (Sec. 4, Ord. No. 97-42)

(l) Sanction. Any violation of the next two preceding section sections is penalized in accordance with the general penal clause of this code.

(m)Migratory birds. The province shall enforce all the laws to protect migratory birds. (Sec. 1, Ord. No. 2003-06)

(n) Migratory bird, characterized and identified. A migratory bird is one which moves seasonally between temperate regions of the Americas, China, USSR and Siberia such as but not limited to wild ducks, geese, greater sand plover, ruddy turnstone, rufous-necked stint, redshank, grey-tailed tattler, bar-tail godwit, whimbrel, and the Chinese egret where it spends its breeding time, and tropical areas, where it spends the months when it is winter in the North. (Sec. 3, Ord. No. 2003-06)

(o) Prohibited act. The acts of catching, hunting, possession and trading of migratory birds within the province, are prohibited. (Sec. 4, Ord. No. 2003-06)

(p) Exception. The above prohibition does not apply to a person who catches, hunts or possesses any migratory bird for scientific, cultural or tourism purposes provided that he previously secures a permit for it from authorized agencies. (Sec. 4, Ord. No. 2003-06)

(q) Liability of government officer. Any employee or officer of any government agency who facilitates or aids in the commission of the acts prohibited by Section 20, shall be also beliable under this code. (Sec. 4, Ord. No. 2003-06)

(r) Role and responsibility of the Local Government Units. The local government units, through their respective mayors, shall, in close coordination with the barangay officials whose territory abuts municipal water known to or actually has migratory birds such as but not limited to the Olango Islands and Caubian Islands, shall have the power to order and cause the arrest of persons violating the provisions of this code.

They shall likewise have the authority and power to order the confiscation and seizure of all migratory birds taken without a valid permit from the Department of Environment and Natural Resources (DENR), and as authorized herein. (Sec. 5, Ord. No. 2003-06)

(s) Bird hunting. In addition to Sections 10, 14 and 19 above, which are specific provisions to protect the Flower Pecker, Siloy and migratory birds, bird hunting, in general, is banned in the province. (Sec. 1, Ord. No. 95-4)

(t) Prohibited acts. In accordance with those sections above-mentioned and to implement Section 24: a. It shall be unlawful for any person to hunt, trap, catch, capture, keep in captivity,

shoot, wound, maim or kill or cause the wounding, maiming or killing of any bird within the territorial jurisdiction of the province.

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b. It shall also be unlawful to gather, destroy or break the bird’s eggs in their nests or natural habitat.

c. It shall likewise be unlawful to disturb or destroy bird’s nests while these are being nestled in. (Sec. 3, Ord. No. 95-4)

(u) Tree planting day. It shall be mandated that the 9th day of September of each year shall be declared as “Tree Planting Day” of the Province of Cebu. (Sec. 2, Ord. No. 2002-18)

(v) Application. This declaration shall apply to and therefore shall be observed by all the cities and municipalities within the province. (Sec. 3, Ord. No. 2002-18)

(w) No cutting of trees. To help in the environmental conservation efforts of the government, the cutting of trees in public or government lands, by any person, shall be prohibited and its violation shall be penalized. (Sec. 1, Ord. No. 93-3)

(x) Prohibited acts. The following acts shall constitute a violation of this code: a. Cutting, uprooting or destroying trees, shrubs or ornamental plants along public roads,

plazas or any public or government properties except when it endangers public safety and upon written permission by the Director of DPWH, Governor, Municipal Mayor, or Barangay Captain as the case may be;

b. Mutilating or damaging the twigs, leaves, barks, branches or any other part of the trees and plants on the aforesaid places;

c. Any other similar acts or omissions as would do harm to trees, plants, ornamental plants in said government or public lands. (Sec. 2, Ord. No. 93-3)

(y) Policy on stalactites and stalagmites. It is hereby declared the policy of the province to protect from further destruction by any form of extractive activities such natural geologic formations as stalactite and stalagmites. (Sec. 2, Ord. No. 99-07)

(z) Buying and selling stalactites and stalagmites. It is unlawful for any person to commit the act of or engage in the business of buying and selling of stalagmites and stalagmites.(Sec. 4, Ord. No. 99-07)

(aa) Collecting, gathering etc. of stalactites and stalagmites. All persons are prohibited from collecting, gathering, possessing and/or stock piling stalactites and stalagmites. (Sec. 4, Ord. No. 99-07)

(bb) Extraction and removal of stalactites and stalagmites. Likewise the extraction and/or removal of stalactites and stalagmites are not allowed. (Sec. 4, Ord. No. 99-07)

(cc) Exemption. Exempted from the penal character provided in the next three preceding sections is the possession of stalactites and stalagmites for scientific and cultural purposes. (Sec. 5, Ord. No. 99-07)

(dd) Role and responsibility of the local government units. The Local Government Units, through their respective Mayor, shall, in close coordination with the Barangay Officials having jurisdiction over caves, lairs, burrows, grottoes, recesses and tunnels, shall have the power to cause and order the arrest of persons for violation of the above sections.They shall likewise cause the confiscation and seizure of all stalagmites and stalagmites which have become the effects of the crime. (Sec. 5, Ord. No. 99-07)

(ee) Liability of government employee. Any government official who shall be found facilitating any of the acts which are declared unlawful in Sections above, shall, in

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addition to the penal provisions provided hereunder, be held administratively liable. (Sec. 5, Ord. No. 99-07)

SECTION 7. PROTECTION OF THRESHER SHARKS, WHALE SHARKSAND VULNERABLE SPECIES OF FISH. It is the policy of the province to uphold the protection, preservation and promotion of a safe and healthy environment. In pursuit of this policy and all activities that are harmful specifically to our fishery and aquatic resources shall be considered anathema to the natural bounties of our seas. (Sec. 2, Ord. No. 2010-06), thus, it is declared to protect the thresher shark (Sec. 2, Ord. No. 06-2002), whale sharks and certain vulnerable species of fish.

(a) 1. Thresher shark, identified. As used in this chapter, the name Thresher Shark also known as “lawban or sakol” is derived from the method it uses to seize its prey. Thresher sharks are Lamniformes (or mackerel sharks) whose tail fin has a greatly elongated upper lobe. They are very strong swimmers that can vault completely out of the water. The thresher shark occurs relatively far offshore and is considered a pelagic or open ocean shark. It has a gray upper body and white belly, large eyes and is nocturnal. It can be quite long – eleven feet – though nearly half its length is in its tail. It uses its long tail to round up, stun and even kill small food fish such as sardines, anchovies, mackerel and squid. The thresher is elusive and considered harmless. It is also called blue thresher, green thresher, long tail shark, swivel tail, fox shark or sea fox. (Sec. 3, Ord. No. 06-2002)

2. Whale shark, identified. As used in this chapter, the name Whale Shark (Rhincodon typus) also known as “Butanding” or locally known as “Tuki” is a slow-moving filter feeding shark and the largest extant fish species. As a filter feeder it has a capacious mouth which can be up to 1.5 meters (4.9 ft) wide and contains 10 filter pads and between 300 and 350 rows of tiny teeth. It has large pair of gills, two small eyes are located towards the front of the shark’s wide, flat head. The body is mostly grey with a white belly; three prominent ridges run along each side of the animal and the skin is marked with a checkerboard of pale yellow spots and stripes. These spots are unique to each individual and are useful for counting populations. Its skin can be up to 10 centimeters (3.9in) thick. The shark has a pair each of dorsal fins and pectoral fins. Juveniles’ tails have a larger upper than lower fin while the adult tail becomes semi-lunate (cresent-shaped). Spiracles are just behind the eyes. Although whale sharks have very large mouth, as filter feeders they feed mainly, though not exclusively, on plankton, which are microscopic plants and animals and also feed on small fishes. Despite its size, the whale shark does not pose significant danger to humans. Although massive, whale sharks are docile fish and are very playful it sometimes allows swimmers to catch a ride on its back.

(b) Prohibited act. The catching, possession and trading of thresher sharks and whale sharks within the territorial jurisdiction of the province are prohibited. (Sec. 4, Ord. No. 06-2002)

(c) Exemption. The above prohibition shall not apply to any person who catches or possesses any thresher shark or whale sharks for scientific, cultural or tourism purposes provided that such person previously secures a permit from the Department of Environment and Natural Resources. (Sec. 4, Ord. No. 06-2002)

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(d) Government employee liable. Any government employee or officer who facilitates or aids in the commission of the act prohibited in Section 71 shall be liable and may be penalized by the general penal clause herein provided. (Sec. 4, Ord. No. 06-2002)

(e) Regulatory ordinance. All local government units shall enact an ordinance that provides for the confiscation of all thresher sharks and whale sharks taken without a valid permit from a competent government agency authorized to issue such permit like Bureau of Fisheries and Aquatic Resources of the Department of Environment and Natural Resources. It shall likewise authorize the Barangay Captain or the Mayor to initiate the filing of a court action to enforce the provisions of this chapter. (Sec. 5, Ord. No. 06-2002)

(f) Role and responsibility of the local government unit. The local government units through their respective Mayor, in close coordination with the Barangay Officials whose territory abuts municipal waters known to or actually has thresher sharks and whale sharks, shall have the power to order and cause the arrest of persons found violating pertinent provisions of this code.

Toward this end, the Mayor or the Barangay Captain concerned shall immediately institute the court action to enforce this code against the alleged violator. (Sec. 5, Ord. No. 06-2002).

(g) Specific protection. The province hereby mandates special protection to vulnerable species of fish, namely: a. Giant Manta Rays (Sanga);b. Sun fish (Mola-mola). (Sec. 3, Ord. No. 2010-06)

(h) Prohibited acts. No person shall be allowed to buy, catch, hunt, distribute, possess, transport, sell, wound or kill the vulnerable species of fish as enumerated in the next preceding section. This prohibition also covers anyone who merely assists another in the commission of the prohibited acts. (Sec. 4, Ord. No. 2010-06)

(i) Liability of public officer. Any public officer or employee, who knowingly and willfully incites, assists or tolerates another in committing the acts prohibited in the next preceding section shall likewise be held liable under this chapter. (Sec. 4, Ord. No. 2010-06)

(j) Extent of liability. The criminal liability imposed under this ordinance upon any erring public officer or employee is without prejudice to and does not preclude the filing of proper administrative charges against him or her. (Sec. 4, Ord. No. 2010-06)

(k) Report/surrender to proper authorities. Any person who catches any of the vulnerable species of fish enumerated above shall have the duty to report to proper authorities located at the station nearest to him such fact of having caught the fish. This same duty is imposed upon any person who is in possession of any of vulnerable fish species. (Sec. 5, Ord. No. 2010-06)

(l) Disposition of fish. The fish caught or in his possession shall be surrendered to the said authorities for appropriate action and proper disposition. (Sec. 5, Ord. No. 2010-06)

ARTICLE VMINERAL RESOURCES

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SECTION 1. STATEMENT OF POLICY AND MANAGEMENT DIRECTIONS. The Province of Cebu is richly endowed with metallic and non-metallic mineral resources. These non-renewable resources should be harnessed without degradation of the environmental resources, destruction of the unique landscape, loss of biodiversity and loss of lives and accident.

SECTION 2. SCOPE OF POWERS. In the exercise of their respective mandates, the localgovernment units shall:

A. Provincial Government shall–1) initiate and provide basic services and facilities pertaining to the management of all

its mineral resources within the context of existing laws, rules and regulations;2) initiate, coordinate with the various mining industry players-private companies,

government agencies and the general public/stakeholders, in accordance with the Local Government Code and Mining Act, to ensure that the province finite and non-renewable metallic and non-metallic mineral resources should be harnessed with due consideration of ably managing the effects/impacts of degradation and impairment of the environmental resources, destruction of the unique landscape, loss of biodiversity and avoidance of loss of lives and properties, as well as the occurrence of fatal accident.

3) operationalize the Provincial Mining Regulatory Board;4) Implement Provincial Ordinances relating to managing the province’s mineral

resources

B. City/Municipal Government -

1) Intensify information and education campaign on the economic and environmentalconsiderations of mineral resources utilization and exploration; and

2) Participate in the monitoring of any mining activity as a member of the MultipartiteMonitoring 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; and2) Monitor the safety and environmental protection measures in mining and quarrying in

its respective areas.

SECTION 3. COORDINATION WITH RELEVANT AGENCIES. The Province shall initiate and coordinate with the Mines and Geosciences Bureau, relevant agencies/bodies, and stakeholders; closely monitor the enforcement and implementation ofenvironmental, mine safety/health laws and regulations, relative to mining/quarrying/mineral processing, mineral trading activities within the province of Cebu to ensure that mining/quarrying/mineral processing permit holders and mineral traders shall strictly comply with the following:

a) maintenance of sustainable environmental conditions, and observance of standard mine safety/health practices at every stage of all mining/quarrying/mineral processing/mineral trading operations within the province;

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b) proper rehabilitation of mined-out areas in order to establish a land use capability that is functional and proximate to the original land use prior to the disturbance of the mine area, unless other more beneficial land uses are predetermined and agreed in collaboration with host and neighboring communities and the concerned barangays/cities/municipalities;

c) preservation of the acceptable level of quality of fresh surface and ground water emanating from mining areas, as determined from actual and/or potential downstream water usage; and

d) management of land, water, air and noise pollution caused by mining related activities including mineral trading.

Whether it is large scale or small scale mining, a mandatory public hearing or consultation in the barangay(s) where the mining/quarrying site is located shall be conducted prior to issuance of any permit, clearance or endorsement from the Local Government Units (barangay, cities/ municipalities) within the province.

SECTION 4. QUARRY OPERATION. Subject to the relevant provisions of the Mining Law (RA 7942), RA 7076, and DAO 9640, on Small Scale Mining, sand, gravel and other quarry resources within the province may be operated/utilized by public or privateentities only through a permit issued exclusively by the Provincial Governor (pursuant to Provincial Ordinance No. 93-25, dated November 22, 1993, and future amendments thereto) upon the endorsement of the Provincial Mining Regulatory Board (PMRB). The permit will only be given to qualified persons, partnership, corporations or public entities ; provided, that public hearing/consultation was conducted and that a proposed Environmental Management Plan (EMP), as well as Rehabilitation and Restoration plan is submitted by the local barangay council of the host community. A final EMP (with the DENR-EMBs Environmental Compliance Certificate) and restoration/rehabilitation plan approved/endorsed by appropriate/relevant agencies (e.g. EMB, MGB) shall be furnished to the provincial government (PENRO), barangay, city/municipal governments of the host communities.

SECTION 5. SAND, GRAVEL AND QUARRY. The extraction of sand, gravel, earth and ordinary stones within the territorial jurisdiction of the Province shall be allowed only under a permit issued by the Governor (Art. II, Sec. 1, Ord. No. 93-25; Art. II, Sec. 3, Ord. No. 92-07)

(a) Definition of terms. As used in this ordinance, the following terms, whether singular or plural, unless the context indicates otherwise, shall have the following meaning: a. Bed – of seas, lakes rivers, streams, creeks, etc. – means the ground covered by water

during its highest flood without causing inundation. b. Director – means the Regional Director of the Dept. of Environment and Natural

Resources, Region 7. c. Extraction – means the act or process of taking, excavating and removing. d. Fair Market Value – means the appraisal per cubic meter in the locality of ordinary

stones, sand, gravel, earth, and other quarry resources, made periodically by the Provincial Treasurer.

e. Gravel – means particles of rock that pass a 75 mm. (3’) and retained by a 4.75mm, (No.4), sieve.

f. Fee – means a charge fixed by law for the services of a public officer.g. Foreshore – means the area offshore beyond one hundred (100) meters from the

watermark at the mean low tide extending seaward or lakeward.h. Governor – means the Governor of Cebu. i. Legal Officer – means the Provincial Attorney of the Province of Cebu.

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j. Permit – means the license to engage in certain activities or business, or to practice certain privileges.

k. Permittee – means one to whom a permit is issued. l. Province – means the Province of Cebu. m. Provincial Engineer – means the Provincial Engineer of Cebu. n. Provincial Treasurer – means the Provincial Treasurer of Cebu. o. Public Land – means the land whose title still remains in the Government.p. Public Water – refers to bodies of waters belonging to the public domain such as but

not limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps. q. Puka – means a portion of a shell that are sometimes found mixed with sand and

gravel.r. Qualified Person – means a Filipino Citizen, of legal age, and with capacity to

contract, or a corporation or partnership registered with the Securities and Exchange Commission at least sixty percent (60%) of the capital of which is owned, at all times by Filipino citizens.

s. Quarry Resources – means any common stone or other common mineral substances as the Director may declare to be quarry resources, such as but, not restricted to, marble, granite, volcanic cinders, basalt, stuff and rock phosphate; Provided, they contain no metal or metals or other valuable minerals in economically workable quantities.

t. Special Permit – are permits issued by the governor upon advice from technical experts, to extract sand, gravel and other quarry resourced within prohibited areas, as provided by this ordinance for purposes of rehabilitation, desiltation, dredging or rechanneling which the Governor may deem necessary for reasons of ecological balance and when public safety so requires. The afore-mentioned special permit shall be granted only upon completion of the requirements prescribed by this ordinance.

u. Sand – means particles of rock that pass a 9.5 mm (3/8) mm (No. 100), sieve. v. Tax – man enforced contribution, usually monetary in form, levied by the lawmaking

body on persons and property subject to its jurisdiction for the precise purpose of supporting government needs.

(Sec. 1, Ord. No. 92-07; Art. I, Sec. 2, Ord. No. 93-25)

(b) Kind of permit. The Governor may issue commercial, foreshore, gratuitous, industrial, and special permits as well as permits for personal use. (Art. II, Sec. 4, Ord. No. 92-07; Art. II, Sec. 2, Ord. No. 93-25)

(c) Filing and registration of permits. All applications for permits and other related documents shall be filed and/or registered with the Office of the Governor. Upon the filing and/or registration, the following fees shall be paid:a. Commercial, Foreshore, Special and Gratuitous Permit Application– P50.00; b. Industrial Permit Application – P120.00; c. Deed of assignments and other registrable documents – P50.00

(Art. II, Sec. 5, Ord. No. 92-07; Art. II, Sec. 3, Ord No. 93-25)

(d) Who may be granted permits. A permit may be granted to any qualified person, as herein defined who has complied with the requirements prescribed by this ordinance; Provided that a juridical person must present proof of its existence. (Art. II, Sec. 6,Ord. No. 92-07; Art. II, Sec. 4, Ord. No. 93-25)

(e) Personal appearance of applicant. An applicant (natural person) shall personally appear before the Office of the Governor or to any of his authorized representative and shall present his personal data, duly notarized and submit two (2) copies of 2”x2”

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recent photo. In case of juridical persons, it shall submit a certificate of registration, by-laws and a Board Resolution indicating its desire to engage in the extraction of sand and gravel and/or other quarry resources. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(a), Ord. No. 93-25)

(f) Barangay clearance required. An application for a permit shall be processed only upon presentation of a Barangay Clearance issued by the Punong Barangay of the barangay where extraction is to be located, with the favorable indorsement of the Municipal Council concerned; However, should the said Municipal Council deny the application, the applicant may elevate an appeal to the Provincial Board and ask for reconsideration of the denial of the Municipal Council. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(b), Ord. No. 93-25)

(h) Application declarations deemed part of permit. The statements made in the application or those made later in support thereof shall be considered as conditions and essential parts of the permit. Any misrepresentation contained therein shall be a cause for suspension or revocation of the permit. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(c), Ord. No. 93-25)

(i) When permits are inoperative. The permit shall be inoperative over areas covered by mines temporary permits, quarry permits or mining leases granted by DENR, provided no sand and gravel extraction, for commercial purposes shall be allowed. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(d), Ord. No. 93-25)

(j) Area where extraction is not allowed. The extraction shall not be allowed within a distance of one (1) kilometer (upstream and downstream) from the boundaries of reservoirs established for public water supply or of any public or private works or structures; Provided, the Governor, for purposes of rehabilitation other special reasons as recommended by PENRO may grant a special permit within the prohibited area of one (1) kilometer with close supervision by a technical committee created by the Governor. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(e), Ord. No. 93-25)

(k) Extraction area. The extraction shall be confined within the area specified in the permit, the boundaries of which are established on the ground by prominent and visible markers. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(f), Ord. No. 93-25)

(l) Liability to damage. The permittee shall assume full responsibility for damages to public or private property, or to any injury to persons or loss of human life, occasioned by his extraction or operation under the permit. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(g), Ord. No. 93-25)

(m) Exclusive use of permit. The permit is issued for the exclusive use and benefit of the permittee and shall not be transferred to any person partnership, or corporation, without the prior approval of the Governor. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(h), Ord. No. 93-25)

(n) Signboards at extraction site. The permittee or his duly authorized representative shall put up a signboard of reasonable size at the place of extraction which shall legibly and substantially reflect the contents of his permit, including, but not limited to, the area covered, quantity of extraction allowed by the permit, inclusive dates of operation and the manner of extraction. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(j), Ord. No. 93-25)

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recent photo. In case of juridical persons, it shall submit a certificate of registration, by-laws and a Board Resolution indicating its desire to engage in the extraction of sand and gravel and/or other quarry resources. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(a), Ord. No. 93-25)

(f) Barangay clearance required. An application for a permit shall be processed only upon presentation of a Barangay Clearance issued by the Punong Barangay of the barangay where extraction is to be located, with the favorable indorsement of the Municipal Council concerned; However, should the said Municipal Council deny the application, the applicant may elevate an appeal to the Provincial Board and ask for reconsideration of the denial of the Municipal Council. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(b), Ord. No. 93-25)

(h) Application declarations deemed part of permit. The statements made in the application or those made later in support thereof shall be considered as conditions and essential parts of the permit. Any misrepresentation contained therein shall be a cause for suspension or revocation of the permit. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(c), Ord. No. 93-25)

(i) When permits are inoperative. The permit shall be inoperative over areas covered by mines temporary permits, quarry permits or mining leases granted by DENR, provided no sand and gravel extraction, for commercial purposes shall be allowed. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(d), Ord. No. 93-25)

(j) Area where extraction is not allowed. The extraction shall not be allowed within a distance of one (1) kilometer (upstream and downstream) from the boundaries of reservoirs established for public water supply or of any public or private works or structures; Provided, the Governor, for purposes of rehabilitation other special reasons as recommended by PENRO may grant a special permit within the prohibited area of one (1) kilometer with close supervision by a technical committee created by the Governor. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(e), Ord. No. 93-25)

(k) Extraction area. The extraction shall be confined within the area specified in the permit, the boundaries of which are established on the ground by prominent and visible markers. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(f), Ord. No. 93-25)

(l) Liability to damage. The permittee shall assume full responsibility for damages to public or private property, or to any injury to persons or loss of human life, occasioned by his extraction or operation under the permit. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(g), Ord. No. 93-25)

(m) Exclusive use of permit. The permit is issued for the exclusive use and benefit of the permittee and shall not be transferred to any person partnership, or corporation, without the prior approval of the Governor. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(h), Ord. No. 93-25)

(n) Signboards at extraction site. The permittee or his duly authorized representative shall put up a signboard of reasonable size at the place of extraction which shall legibly and substantially reflect the contents of his permit, including, but not limited to, the area covered, quantity of extraction allowed by the permit, inclusive dates of operation and the manner of extraction. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(j), Ord. No. 93-25)

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(o) Inspection of permit. The permit shall be available at all times for inspection by any representative of the Governor or the Provincial Treasurer, Provincial Engineering and/or any duly authorized representative. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(k), Ord. No. 93-25)

(p) Books of accounts. The permittee shall keep a book of accounts wherein there shall be entered everyday the quantity and kind of materials removed from the area covered by the permit; the tax, if any, paid therefor; the quantity and kind of materials disposed of or sold; their selling prices; the names and address of the persons to whom the same where disposed of or sold; and such other transactions in connection with the permittee’s business or operation. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(l), Ord. No. 93-25)

(q) Permittee’s reportorial duty. The permittee shall, within ten (10) days after the end of each month, submit to the Provincial Treasurer, copy furnished the Office of the Governor, Provincial Environment and Natural Resources Office, Committee on Ways and Means of the Sangguniang Panlalawigan, a report under oath stating the quantity and kind of materials extracted by him, the amount of tax paid, the quantity and kind of materials sold or disposed of during the period covered by the report, their sellingprices, the names and addresses of the persons to whom the same were sold or disposed of, and the quantity and kind of materials left in the stock. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(m), Ord. No. 93-25)

(s) Revocation or suspension of permit, grounds. The permit may be suspended or revoked at any time by the Governor when, in his opinion, public interest so requires or upon failure of the permitee to comply with the terms and conditions stated in the permit as well as those provided in Sections 108 thru 116, above. (Art. II, Sec. 7, Ord. No. 92-07; Art. II, Sec. 5(n), Ord. No. 93-25)

(t) Survey plan. All application, except an application for a permit for personal use, shall be supported by a survey plan duly prepared, signed and sealed by a licensed Geodetic Engineer. Such plan contains general information, including technical description, reference point, location map, etc. (Art. II, Sec. 8, Ord. No. 92-07; Art. II, Sec. 6, Ord. No. 93-25)

(u) Verification of areas. The Provincial Engineer or his representatives shall conduct field verification of the area applied for and submit their report with the recommendation to the Governor or any duly authorized representative. Applicants shall pay therefor the amount of Three Hundred Fifty Pesos (P350.00) for Commercial, Foreshore and Special Permit Application and Seven Hundred Pesos (P700.00) for Industrial Permit Application. No permit shall be recommended for approval without the verification actually made. (Art. II, Sec 9, Ord. No. 92-07; Art. II, Sec. 7, Ord. No. 93-25)

(v) Application involving the same areas. In cases of application involving the same areas, the application first registered, accompanied by standard requirements, shall be entertained and preferred. (Art. II, Sec. 10, Ord. No. 92-07; Art. II, Sec. 8, Ord. No. 93-25)

(w) Extraction only at riverbeds. It shall be unlawful for any person to extract any article from riverbanks and other areas aside from those designated by the permit. (Art. II, Sec. 10, Ord. No. 93-25)

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(x) Rehabilitation of excavated areas. Holder of permits, other than special permit, shall rehabilitate the excavated areas by planting trees suitable thereon as may be determined and pursuant to the plan approved by the Provincial Environment and Natural Resources office. To guarantee the faithful compliance with this duty, case, bond in theamount of Five Thousand Pesos (P5,000.00) per hectare or a fraction thereof shall be posted by the applicant, except an applicant for a permit of personal use, before the grant of a permit with a survey acceptable to the Governor or the Provincial Treasurer. (Art. II, Sec. 11, Ord. No. 92-07; Art. II, Sec. 9, Ord. No. 93-25)

(y) Suspension or revocation of permit. Without prejudice to other pertinent provisions hereof, permit issued under this ordinance may be suspended or revoked by the Governor for any of the following grounds:

a. Violation of the terms or conditions thereon; b. When public interest or peace and order conditions so demand; and for ecological

reasons. (Art. II, Sec. 12, Ord. No. 92-07; Art. II, Sec. 11, Ord. No. 93-25)

(z) Assignment and transfer. An application or permit may be assigned or transferred by the applicant or permitee, respectively, to any qualified person by an instrument duly notarized and registered with the Office of the Governor. To be effective, the transfer or assignment shall be approved by the Governor. (Art. II, Sec. 13, Ord. No. 92-07; Art. II, Sec. 12, Ord. No. 93-25)

e. That peace and order is maintained in the area. (Art. II, Sec. 14, Ord. No. 92-07; Art. II, Sec. 13, Ord. No. 93-25)

(bb) Delivery receipt. The permittee shall, at all times, issue to truck drivers engaged in hauling from the area sand, gravel and other materials allowed by the permit, delivery receipts for the purpose of inspection by the duly authorized representatives of the Governor or the Provincial Treasurer. The original copy of the receipts shall be issued to and carried by the truck drivers while in transit and shall be shown upon demand. The duplicate copy shall be attached to the monthly report required by Section 114 and made available at all times for inspection by proper authorities.

The failure of truck drivers to present the delivery receipts upon demand shall subject them to the penalty provided in the general penalty clause and shall be a cause for the impounding of the materials and vehicles which shall be released only on order of the Governor, or in proper case, the court.

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(aa) Periodic inspection. All operations conducted under a permit issued under this code shall be subject to periodic inspection by the duly authorized representatives of the Governor or his deputies for the purpose of ensuring:

a. That the operation is confined within the permitted area; b. That the materials removed are in accordance with the terms and conditions of the

permit;c. That the aesthetic and ecological value of the permitted area are not seriously

damaged;d. That the operation does not threaten ground stability of any public or private

structures; and,

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The failure to issue delivery receipts, or the issuance of fraudulent ones shall be sufficient ground for the suspension or revocation of the permit. (Art. II, Sec. 15, Ord. No. 92-07; Art. II, Sec. 14, Ord. No. 93-25)

(cc) Commercial permit. A commercial permit shall cover an area of not more than one (1) hectare and involves the extraction of sand, gravel, earth and other ordinary stones which are taken in their natural or original state without undergoing processing. It is granted for a period of not more than one (1) year, renewable for the same period, but not more than five (5) renewals. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 1, Ord. No. 93-25)

(dd) Documents required. A commercial permit application shall be supported by Survey Plan prepared by a licensed Geodetic Engineer, Initial Environmental Examination Report, Operational Plan, and a Rehabilitation Plan of the area applied for. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 2, Ord. No. 93-25)

(ee) Limitation. A commercial permit shall be granted to any qualified person not within third civil degree relations, either by consanguinity, or affinity of an existing permittee. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 3, Ord. No. 93-25)

(ff) Cash bond. The commercial permittee shall post a cash bond in the amount of Five Thousand Pesos (P5,000.00) to the Provincial Treasurer to answer for whatever actual damage that may be incurred by reason of his operation. (Art. II, Sec. 16, Ord. No. 92-07; Art. III, Sec. 15, par. 4, Ord. No. 93-25

(gg) Foreshore permit. A foreshore permit shall cover an area beyond one hundred (100) meters from the watermark at the mean low tide extending seaward or lakeward to extract sand, gravel, earth and ordinary stones, including like materials detached from their source and transported by the action of the water to accumulate in the bed of seas and lake. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(hh) Area and duration. A foreshore permit shall embrace an area of not more than one (1) hectare in beds of lakes and seas and is issued for a period of not more than one (1) year renewable for the same period but not more than five (5) renewals. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(ii) Documents required. A foreshore permit application shall be supported by a Survey Plan prepared by a licensed Geodetic Engineer. Initial Environmental Examination Report, Operational Plan and when necessary, a Rehabilitation Plan of the area covered. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(jj) Limitation. A foreshore permit shall be granted to any qualified applicant not within third civil degree relations either by consanguinity or affinity of an existing permittee, without prejudice to the Anti-Dummy Law. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

(kk) Vertical pole markers. The foreshore area shall be marked with vertical poles of distinct colors with the corners visible at all times above the water.

The taking of “puka” is not covered by the permit. In no case shall coral growth and transformation and other shelter and habitats of marine life be destroyed in the course of the excavation operation. (Art. III, Sec. 17 Ord. No. 92-07; Art. III, Sec. 16, Ord. No. 93-25)

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Museo Sugbo

Six Buildings13 Fully Airconditioned Galleries

Museum Gift and Coffee Shop Free Wi-Fi

Reconnect with your heritage in Cebu’s biggest museum!

Museo Sugbo is Cebu’s provincial museum located along M.J. Cuenco Avenue, a part of an old Spanish-era district in Cebu City. This was once the Cebu Provincial Detention and Rehabilitation Center (CPDRC), home of the famous dancing inmates. Before it became CPDRC, it was called Carcel de Cebu. Designed by Domingo de Escondrillas in 1869, the building was constructed to be the main prison for the Visayas district. Withstanding both time and the elements, Carcel de Cebu’s structures made of coral stone and lime mortar have now become Cebu’s history keeper.

The Museo Sugbo has the noble task of reconstructing Cebuano history; Cebuanos have the sheer pleasure of taking a time travel through viewing the museum’s thirteen galleries.

About the Museum

Museum HoursMonday - Friday: 8:30 am- 6:00 pm

For inquiries and reservation contact:(032) 239-5626 | angmuseosugbo@gmail.comVisit us at our website:www.cebu.gov.phLike us on:www.facebook.com/angmuseosugbo

Museo SugboMJ Cuenco Avenue, Brgy. Tejero, 6000 Cebu City