The 22 Session 4TH SANGGUNIANG PANLALAWIGAN ( 2011-334 … · ndEXCERPT from the minutes of the 22 Regular Session of the 4th Sangguniang Panlalawigan of the Province of ... Barangay

The 22nd Session 4TH SANGGUNIANG PANLALAWIGAN _______________________________________________________________________________________

3rd floor, Capitol building, Ipil Heights, Ipil, Zamboanga Sibugay, Philippines

[email protected]

Republic of the Philippines

PROVINCE OF ZAMBOANGA SIBUGAY

Municipality of Ipil

EXCERPT from the minutes of the 22nd Regular Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga Sibugay held on February 21, 2011, at the Capitol Complex, Ipil Heights, Ipil, Zamboanga Sibugay, at exactly 9:00 o’clock in the morning.

ORDINANCE NO. 2011-334

“AN ORDINANCE PROHIBITING THE USE OF BATTERY SOLUTION (SULFURIC ACID) AS COAGULANTS IN THE PRESERVATION OF RUBBER LATEX IN THE PROVINCE OF ZAM-BOANGA SIBUGAY AND PROVIDING PENALTY THEREOF”

HON. JOEL D. EBOL

Board Member, 2nd District Chairman, Committee on Agriculture and Fisheries

Author

EXPLANATORY NOTE

WHEREAS, the foregoing ordinance envisioned to protect our environment from hazardous elements and its nefarious effects in accordance with our existing laws particularly the Clean Air Act and our continuing struggle against the adverse effects of sudden global climate change;

WHEREAS, the Province of Zamboanga Sibugay, as

an agricultural and fishery based province with greener environment shall be protected in order that its agri-fishery potentials would not be affected by unstable and less-protected environmental condition. And with this, it is the role of our government in this part of the region to ensure proper disposition and use of chemical products in order to safeguard and protect the rubber industry in the province.

SANGGUNIANGPANLALAWSANGGUNIANGPANLALAWIGANSANGGUNIAN

ZAMBOANGA

OFFICIALS

GOV. ROMMEL A. JALOSJOS

CONG. ROMEO M. JALOSJOS

CONG. JONATHAN C YAMBAO

SANGGUNIANG PANLALAWIGAN

HON. REY ANDRE C. OLEGARIO

Vice-Governor, Presiding officer

HON. ERIC A. CABARIOS

Pro-Tempore

HON. CRESENCIO S. JORE

Majority Floor Leader

HON. WILBORNE S. DANDA

Majority Assistant Floor Leader

1ST

DISTRICT


Chairman, Asset and Management, Finance

HON. ERIC Y. PALMA

Chairman, Rules and Good Government

HON. ABDUSAID A. AHIRON

Chairman, Fire, Public Safety, Peace & Order, Muslim Affairs, Public Utilities Traffic and transportation

_ HON. EDITHA O CALOÑGE

Chairman, Health and Social Services

_ HON. FLORDELIZ C. CURIBA

Chairman, Education, Women and Family, Senior Citizen

2nd

DISTRICT

HON. EUFEMIO D. JAVIER

Member, Rules, Women and Family, and Human Rights, Labor and Justice


Chairman, Tourism

HON. JOSE V. ABALDE

Chairman, Trade and Industry, Infrastructure, Public Works, & Engineering

HON. JOEL D. EBOL

Chairman, Appropriations, Agriculture and Fisheries, Cooperative, NGO & Livelihood


Chairman, Indigenous Peoples & Cultural Communities, Environment and Natural Resources, Privileges

Sectoral Representatives

_ HON. BENHAJAR E. TANDIH

President, Liga ng mga Barangay Chairman, Barangay Affairs & Rural Development

_ HON. MUJAHID C. JAJURIE

President, Councilor’s League Chairman, Municipal Legislative Affairs

HON. KATRINA ANN V. PALMA

President, Sangguniang Kabataan Chairman, Youth & Sports Development

Legend

_ Present On-Leave

_o On Official Business _ Absent

WHEREAS, the indiscriminate use of battery solution (sulfuric acid) as coagulants in the preservation of rubber latex presumably to obtain quality standard of our rubber raw materials is absolutely against the law of nature and of the society, therefore using the battery solution as coagulants and commonly resorted to by some of the farmers in the province unfortunately resulted to sub-standard level and low quality of the system of raw rubber processing;

WHEREAS, it is the battle cry of rubber companies and stations

engaged in rubber productions and processing of the same to improve and maintain the quality of raw rubber in their areas of concerns for their customer’s satisfaction. Report revealed that volumes of exported rubber products were sent back to the Philippines due to diminishing if not very poor quality of rubber processing and production;

WHEREAS, the practice alluded to and sought to be regulated

and penalized have basically reduced the good feature of our rubber products and its market purchasing cost-value as well as the continual patronage of the buying public. Hence, this ordinance shall serve as a guiding principle in the regulation and eventual prohibition of the use of a battery solution as substitute in the preservation of all initially produced rubber latex.

NOW THEREFORE, in session duly assembled

THE SANGGUNIANG PANLALAWIGAN of ZAMBOANGA SIBUGAY

ORDAINED that:

Section 1. Title - This ordinance shall be known and thereafter

referred to as “AN ORDINANCE PROHIBITING THE USE OF

BATTERY SOLUTION (SULFURIC ACID) AS COAGULANTS IN THE PRESERVATION OF RUBBER LATEX IN THE PROVINCE OF ZAMBOANGA SIBUGAY, AND PROVIDING PENALTY THEREFOR.”

Section 2 – SCOPE AND COVERAGE. This Ordinance shall cover all rubber tappers, rubber farmers, rubber buyers, rubber processing plants, and all person or persons, natural or juridical, who are in one way or the other engaged in raw rubber preservation, processing, and production in the entire political jurisdiction of the Province of Zamboanga Sibugay.

Section 3 – DEFINITION OF TERMS: 1. Rubber latex – is a milky component generated from a rubber

tree. 2. Coagulants – is a reacting agent or substance that transform

liquid component to more or less solid one.

3. Battery Solution – is a acidic substance used as electrolytes in battery to generate chemical power.

4. Rubber raw materials – is unprocessed resources coming from

a rubber tree.


5. Enforcers – a person or group of persons/organization with police power to implement/compels the implementation of administrative or legislative laws.

Section 4 – PROVISIONS RELATING TO REGULATED,

PROHIBITED, AND MANDATED ACTIVITIES.

1. All produced and finished commodities derived from rubber

raw materials shall be subjected to the required quality standards for recommendation in the local market.

2. Any person or persons, natural or juridical, specifically the rubber cooperatives and processing plants operating within the Province of Zamboanga Sibugay are prohibited to use or resort to using battery solution as coagulants in the preservation of rubber latex.

3. Barangay and municipal officials in coordination with the

rubber farmer’s associations are enjoined to check and monitor the implementation of the foregoing ordinance.

Section 5. Penalty.- Any person or group of persons found

violating this ordinance shall be meted with the following penalties: 1. First offense - Imprisonment for 15 days and/or a fine of Php

40.00 per kilo of rubber lumps/latex provided, however, that the total fine shall not exceed the amount of Php 3,000.00;

2. Second offense - Imprisonment for One Month and/or a fine

of P 80.00 per kilo of rubber lumps/latex provided, however, that the total fine shall not exceed the amount of Php P4,000.00; and

3. Third offense - Imprisonment for two months and/or a fine of

Php 500.00 per kilo of rubber lumps/latex provided, however, that the total fine shall not exceed the amount of Php 5,000.00.

Administrative or Voluntary Fine – In lieu of prosecution, the offender may opt to pay an administrative fine with the Office of the Provincial Treasurer, as follows:

1. First offense - One Thousand Pesos (Php 1,000.00) to be paid at Provincial/Municipal Treasurer’s Office within 24 hours from apprehension.

2. Second offense - Two Thousand Pesos (Php 2,000.00) to be paid at Provincial/Municipal Treasurer’s Office within 24 hours from apprehension.

3. Third offense - Three Thousand Pesos (Php 3,000.00) to be paid at Provincial/Municipal Treasurer’s Office within 24 hours from apprehension.

3. Penalty shall be shared, as follows:

a. Provincial LGU – Twenty percent (20%) of the total penalty;


b. Municipal LGU – Twenty percent (20%) of the total penalty;

c. Barangay LGU – Twenty percent (20%) of the total penalty; and

d. Enforcers – Twenty percent (20%) of the total penalty; Section 6 – ENFORCEMENT. There shall be a duly authorized

law enforcing body tasked to implement the foregoing ordinance which is hereby composed as follows:

1. Provincial Fishery Enforcement Team a. Provincial Governor b. SP Member – Chairperson – Committee on Agriculture c. Provincial Agriculturist Office d. Rubbers Farmers Associations e. SP Member – Chairperson – Committee on Peace and Order f. Provincial PNP Director. 2. Municipal Enforcers a. Municipal Mayor b. SB Member – Chairperson, Committee on Agriculture c. Municipal Agriculturist’s Office d. Rubbers Farmers Associations e. SB Member – Chairperson, Committee on Peace and Order f. Municipal PNP Chief of Police 3. Barangay Law Enforcers a. Barangay Chairman/Chairperson b. Brgy. Kagawad, Chairman, Committee on Agriculture c. Barangay Agriculture Officer d. Rubber Farmers Association e. Brgy. Kagawad, Chairman, Committee on Peace and Order f. Barangay Chief Tanod/CVO

Section 7. Repealing Clause – All ordinances, resolutions or laws of local application and effect inconsistent hereto are hereby modified, superseded and repealed accordingly.

Section 8. Separability Clause – If, for any reason or reasons, any part or provision hereto shall be held to be constitutional or invalid, other parts or provisions hereof which is not affected thereby shall continue to be in full force and in effect.

Section 9. Effectivity – This ordinance shall take effect

immediately after upon its approval and/or after fifteen (15) days posting duration in conspicuous places and publication of general circulation.

ENACTED during the 22nd Regular Session of the 4th

Sangguniang Panlalawigan of the Province of Zamboanga Sibugay, on February 21, 2011, at Ipil, Zamboanga Sibugay, Philippines.


CERTIFIED TRUE & ACCURATE COPY

NICASIO M. PENA, AB,LLB.

Secretary to the Sanggunian Sanggguniang Panlalawigan

Province of Zamboanga Sibugay

[email protected]

ATTESTED: HON. REY ANDRE C. OLEGARIO Presiding Officer Provincial Vice-Governor

ATTESTATION & CERTIFICATION

I HEREBY ATTEST and CERTIFY that I presided over the 22nd

Regular Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga Sibugay and that the foregoing legislative measure has been

enacted and approved during the aforesaid session.

ATTY. REY ANDRE C. OLEGARIO Presiding Officer, Provincial Vice Governor

APPROVED by His Honor, the Governor, on___________________

in the province of Zamboanga Sibugay, Philippines.

HON. ROMMEL A. JALOSJOS

Provincial Governor


The 22nd Session 4TH SANGGUNIANG PANLALAWIGAN ___________________________________________________________________________________ 3rd floor, Capitol building, Ipil Heights, Ipil, Zamboanga Sibugay, Philippines [email protected]




EXCERPT from the minutes of the 22nd Regular

Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga Sibugay held on February 21, 2011, at the Capitol Complex, Ipil Heights, Ipil, Zamboanga Sibugay, at exactly 9:00 o’clock in the morning.


AN ORDINANCE REGULATING THE TRANSPORT OF FISH AND OTHER AQUATIC OR FISHERY PRODUCTS IN THE PROVINCE OF ZAMBOANGA SIBUGAY AND PROVIDING PENALTY THEREFORE, AND FORMULATING THE NECESSARY IMPLEMENTING RULES AND REGULATIONS FOR THE PURPOSE.

HON. JOEL D. EBOL


Author

WHEREAS, it is deemed necessary to inspect

shipment from Zamboanga Sibugay to destinations outside the province as indicated in its accompanying transport documents and other indicator and to impose probing/checking fish and fishery/aquatic products that may enter the province in accordance with the mandate of Department of Agriculture

Special Order No. 215 relative to the deputation of provincial agriculturist to carry out quarantine duties in collaboration with the Bureau of fishery and Aquatic Resources (BFAR);

WHEREAS, it is the duty of the provincial agriculturist to formulate plans and strategies and implement the same particularly those fishery-related activities enshrined in Section 15 of Republic Act 8550;


ZAMBOANGA

OFFICIALS








Pro-Tempore


Majority Floor Le der



1ST

DISTRICT



HON. ERIC Y. PALMA








2nd

DISTRICT




Chairman, Tourism

HON. JOSE V. ABALDE


HON. JOEL D. EBOL











Legend

_ Present On-Leave


WHEREAS, the foregoing ordinance seek to compliment Republic Act No. 8550 in empowering the province, through the Office of the Provincial Agriculturist, to impose and collect fees for the services rendered in probing and checking fish and other fishery or aquatic products transported in and outside the Province;

WHEREAS, section 468 (a)-(4)-(v) of 1991 Local Government Code empowers the Sangguniang Panlalawigan to approve measures and adopt quarantine regulation to prevent the introduction and spread of diseases within its territorial jurisdiction; and

WHEREAS, Section 468 (a)-(3)-(2) and (22) and section 15 of R. A. 8550, the Philippine Fisheries Code of 1998, state that the Sangguniang Panlalawigan may fix and impose reasonable fees and charges for all services rendered by the Provincial Government to private persons or entities in the issuance of auxiliary invoice being one of those contemplated.

WHEREAS, Noteworthy are the provisions of Republic Act No. 7160, section 17 Par (b) Subject (3) 1 and Republic Act No. 8550 which states that agricultural extension and on site research services and facilities includes the prevention and control of plant and animal (to include fish and fishery/aquatic animals) pest and diseases, dairy farms, livestock markets, animal breeding station (to include hatcheries) and artificial insemination centers, and assistance in the organization of farmers and fishermen cooperatives and other collective organizations as well as transfer of appropriate technology. Furthermore, Section 15 of Republic Act No. 8550 states that all fishpond fishery and aquatic products must have an auxiliary invoice to be issued by the LGU’s or their duly authorized representatives prior to actual transport from the point of origin to the point of destination in the Philippines and/or for export purposes upon payment of a fee determined by the LGU’s to defray administrative costs thereof.

NOW THEREFORE, in session duly assembled

THE SANGGUNIANG PANLALAWIGAN of ZAMBOANGA SIBUGAY

ORDAINED

Section 1. Title - This ordinance shall be known and thereafter referred to as AN ORDINANCE REGULATING THE TRANSPORT OF FISH AND OTHER

AQUATIC OR FISHERY PRODUCTS COMING IN AND GOING OUT OF THE PROVINCE OF ZAMBOANGA SIBUGAY, PROVIDING PENALTY THEREFOR, AND FORMULATING THE NECESSARY IMPLEMENTING RULES AND REGULATIONS FOR THE PURPOSE.

Section 2. Declaration Of Policy - It is the policy of the Provincial Government of Zamboanga Sibugay, being an agricultural province, to maximize the utilization of its agricultural resources for employment generation, attainment of food sufficiency, and to safeguard the agriculture and fishery sectors from adverse implications of man-made and natural calamities.

Section 3. Scope, Coverage and Purpose - The rules and regulations hereinafter referred and provided shall be applied specifically to fishery and all aquatic products produced and shipped in and out of the territorial jurisdiction


of the province of Zamboanga Sibugay to be checked and probed in accordance with the existing quarantine laws and regulations and in pursuance to government’s efforts to prevent and eventually eradicate dangerous fishing activity using explosives and noxious or poisonous substances in preserving the products. The same rules envisioned to assure everyone that only healthy or quality fishery and other aquatic products are marketed for public consumption thus protecting, safeguarding, and conserving the various fishery and aquatic industries in the province.

Section 4. Definition Of Terms.

“Agriculturist” - is a licensed and or appointed Agricultural Officer under the employment of the Provincial Government.

“Auxiliary Invoice” – is a pertinent document issued for the shipping out of certain commodities or products indicating the point of origin and point of destination. It also serves as a certification that the commodities that are shipped out are free from diseases, hence worthy for human consumption.

“Fish and Fishery/Aquatic Product” - includes not only finfish but also mollusk, crustaceans echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resource in any form.

“Fishing with explosives” - is the use of the dynamite, other explosives or other chemical compounds that contain combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound, Will kill stupefy, disable or render unconscious any fishery species. It also refers to any substance /or device which causes an explosion. That is capable of producing the said harmful effect on any fishery species and aquatic resources and capable of damaging and altering the natural habitat.

“Fishing with noxious or poisonous substances” – is the use of any substances plant extraction juice, thereof sodium, cyanide and or cyanide compound or other chemicals, either in raw poroussed form, harmful or harmless to human beings which will kill stupefy or under unconscious any fishing species and aquatic resources and capable of damaging and altering the natural habitat.

“OPAG” - it stands for as Office of the Provincial Agriculturist, which performs agricultural development aspect as mandated by law.

“Person” - is referred to an individual by itself or firm, partnership, corporation, company, society, association or other group of any of their foregoing agent representative, offices, employee, caretaker, etc.

“Quarantine” - is defined as a period of isolation of fish and fishery/aquatic animals to prevent the spread of diseases, toxins and etc. that is believed not fit for human consumption. It is also a state period or place of isolation of people or animal that have arrived from elsewhere or been exposed to contagious diseases.

“Shipper” – is referred to an individual firm, partnership, corporation of their agent representatives who own and transport goods/products from one destination to another.


“FOB” – Means Fish On Board.

“FAO” – Means Fishery Administrative Order.

Section 5. Duties and Functions of the Office of the Provincial Agriculturist.

1. Formulate measures for the consideration of the Sanggunian and provide

technical assistance in support to the Governor in carrying out measures to insure the delivery of basic services and provision of adequate facilities pursuant to the section 17 of R.A.7160.

2. Develop plans a and strategies and upon approval by the Provincial Chief Executive, shall implement the same, particularly those which have to do with fishery related activities that the Provincial Chief Executive is empowered to implement and which the Sangguniang Panlalawigan is empowered to provide for under R.A. 7160.

3. Advice the Provincial Chief Executive on all matters pertaining to the slaughtered aquatic animals and market of fish and fishing/aquatic products.

4. Regulate and inspect fish and fishery/aquatic products for public consumption.

5. Subject to Sangguniang Panlalawigan approval thru an ordinance formulating, enforcing, and regulating laws in the seizure of fish caught with the use of explosives and noxious or poisonous substances.

6. Take the necessary measures to eradicate, prevent or cure all forms of fish and fishery/aquatic species diseases.

7. Be in the front-line of fishery activities in close coordination with the concerned national agencies, such as in the outbreak of red tide phenomenon.

8. Recommend to the Sangguniang Panlalawigan and advise the Provincial Chief Executive on all matters relative to fishery service which will increase and improve the quality of fish and fishery/aquatic products for human consumption.

9. Initiate in the formation of a council (FARMC’s) which will assist the office in the implementation and enforcement of ordinance.

10. Confiscate, apprehend or deny entrance of animals (fish and fishery/ aquatic species illegally caught} or isolation of any habitat if security of exotic species is at stake.

11. Coordinate with state universities/colleges with in the province in matters relative to fish health, genetics and other appropriate technology.

12. To obtain or collect periodic report relative to population and health status and other relevant data of fish and fishery/ aquatic animals when needed or appropriate.


13. Coordinate with the Municipal Agriculture Office and Municipal Chief Executive to include barangay officials on matters pertaining to population –related risk and other relevant data.

14. Exercise such other powers and perform such duties and other functions as maybe prescribed by law or ordinance.

Section 6. Fish and Fishery/Aquatic Product Shipping Control.

1. No shipper shall be allowed to transport fish and fishery/aquatic products from any point of origin to other destinations within or outside the province of Zamboanga Sibugay, without first securing an auxiliary invoice issued either from offices of the Municipal/City Agriculturist or Office of the Provincial Agriculturist of the Province of Zamboanga Sibugay.

2. No fish and fishery/aquatic products shall be allowed to enter the province without accompanying transport documents and other indicators from place of origin.

Section 7. Fish And Fishery/ Aquatic Products Fees

Transportation Fees

1. Auxiliary Invoice :

Preserved Fish (Iced, frozen, salted, dried Smoked, patis, bagoong, etc.) ……………………………………… 0.30/kl Locon, putian, alimango, etc. …………………………… 1.00 /kl Inspection Fee Crablet …………………………………… 0.50/pc. Inspection Fee Fish .........………………………………… 5.00/ box Inspection Fee Dried Fish ………………………………….. 10.00/sack

Other Marine Products:

Fresh seaweed ………………………………………… . 0.15 /kl Dried seaweed …………………………………………. 0.30 /kl Bangus Fry/Fries ……………………………………… 25.00/ pot (3,000 pcs.) Locon fry…………………………..………..…………… 25.00 /pot (3,000 pcs.) Dried skin of sea snakes ……………..………………... 0.25/kl

2. Inspection Fee: 4% of the declared value of (Fish On Board) Fishery Administrative Order 135, Sec, 9(a).

3. Time and place of payment - The fee imposed herein shall be paid to

the Provincial Treasurer and /or their duly authorized collectors if fishery products can be shipped/ transported.

Section 8. Fisheries Quarantine Checkpoint. - There shall be deployed Office of The Provincial Agriculture Field Staff in strategic locations within the Province in coordination with Philippine National Police and Provincial Treasury Office for at least eight hours a day.


Section 9. Sanction and Penalty. – Any person or persons, natural or juridical, engaged in the transport or shipment of fishery and aquatic products, in any manner, are required to display and show, upon demand, their auxiliary invoice before they are allowed to commence transporting the said products. Otherwise, they are required to secure the same with the Office of the Provincial Agriculture field staff on-duty. A penalty in the amount of Php 4,000.00 per vehicle and Php 1,000.00 per person on-board including the driver shall be imposed for violating this particular provision.

Section 10. Enforcement - It shall be the duty of all constituted law enforcement agencies, the Philippine National Police, and Office of the Provincial Agriculturist to enforce the provision of this ordinance and to prosecute any person violating the same.

Section 11. Separability Clause – For purpose of any reason, any provision/section of this ordinance shall be declared unconstitutional or illegal with finality by any competent court, such declaration shall not in any manner affects other provisions or sections, or part of this ordinance which shall remain to be in full force and effect..

Section 12. Repealing Clause – All ordinances, resolutions or laws of local application and effect inconsistent hereto are hereby modified, superseded, and repealed accordingly.

Section 13. Effectivity – This ordinance shall take effect immediately after upon its approval and/or after fifteen (15) days posting duration in conspicuous places and publication of general circulation.

ENACTED during the 22nd Regular Session of the 4th

Sangguniang Panlalawigan of the Province of Zamboanga Sibugay, on February 21, 2011, at Ipil, Zamboanga Sibugay, Philippines.

CERTIFIED TRUE & ACCURATE COPY




[email protected]



ATTESTATION & CERTIFICATION

I HEREBY ATTEST and CERTIFY that I presided over the 22nd Regular

Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga

Sibugay and that the foregoing legislative measure has been enacted and

approved during the aforesaid session.

ATTY. REY ANDRE C. OLEGARIO Presiding Officer, Provincial Vice Governor

APPROVED by His Honor, the Governor, on_______________________



Provincial Governor


The 22nd Session 4TH SANGGUNIANG PANLALAWIGAN ____________________________________________________________________________________ 3rd floor, Capitol building, Ipil Heights, Ipil, Zamboanga Sibugay, Philippines [email protected]







“AN ORDINANCE PROHIBITING THE USE AND/OR POSESSION OF A MULTI-ENGINE MOTORBOATS OPERATING WITHIN THE MUNICIPAL WATERS OF ZAMBOANGA SIBUGAY”

HON. JOEL D. EBOL


Author

EXPLANATORY NOTE

WHEREAS, multi-engine motorboats are nowadays being utilized by unscrupulous persons engaged in dynamite and other forms of illegal fishing and related activities mostly undertaken in the coastal areas of the province;

WHEREAS, unauthorized fishing operation and other illegal activities using multi-engine motorboats seems to be escalating from day to day making it more difficult for the duly constituted authority to enforce the existing fishery laws and regulations;

SANGGUNIANGPANLALAWIGANSANGGUNIANGPANLALAWIGANSANGGUNIAN

ZAMBOANGA

OFFICIALS








Pro-Tempore





1ST

DISTRICT



HON. ERIC Y. PALMA








2nd

DISTRICT




Chairman, Tourism

HON. JOSE V. ABALDE


HON. JOEL D. EBOL











Legend

_ Present On-Leave


WHEREAS, there is a vital need to put an end to these various nefarious activities by way of strictly prohibiting the use and possession of a multi-engine sea crafts or seagoing vessels save those being utilized by the duly authorized persons or entity of the Republic and pursuant to the specific mandate of Republic Act No. 8550 otherwise known as “The Philippine Fisheries Code of 1998.

BE IT ORDAINED by the Sangguniang Panlalawigan of

Zamboanga Sibugay, in session assembled:

Section 1. Title - This ordinance shall be known and thereafter referred

to as “AN ORDINANCE PROHIBITING THE USE AND/OR POSESSION OF A

MULTI-ENGINE MOTORBOATS WITHIN THE MUNICIPAL WATERS OF

ZAMBOANGA SIBUGAY”

Section 2 – SCOPE AND COVERAGE. This Ordinance shall cover all person or persons, natural or juridical, utilizing and in possession of prohibited pump boats, motorboats, and all other sea crafts or seagoing vessels using multi-engine in transporting and fishing activities in the different municipal waters within the territorial jurisdiction of Zamboanga Sibugay.

Section 3 – DEFINITION OF TERMS:

1. Motorboat/Pump boat/seagoing vessel – is a sea/water transport craft or vehicle that is mechanically operated with the use of a pump/engine.

2. Municipal Territorial Waters – include not only streams, lakes,

inland bodies of waters and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 ( The NIPAS Law) forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline including offshore islands and fifteen (15) kilometers from such coastline where two municipalities are so 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 shore of the respective municipality.

3. Fisherfolks – is a group of organized fishermen or people who

directly or personally and physically engaged in taking and/or culturing and processing fishery and or aquatic resources.

4. L G U – means Local Government Unit as defined and understood

under Republic Act No. 7160. 5. Bantay Dagat Program – is a governmental activity that

maintains/protects territorial waters within the municipality or city.

Section 4 – Prohibited Act or Activity. - It shall be prohibited for any person or persons to operate and/or to possess multi-engine sea craft and/or motorboat or seagoing vessels, pump boats for:

1. Any form of fishing or transport activities within the province and/or

municipal waters of the province of Zamboanga Sibugay; or


2. Any other similar or identical activity calculated to destroy, in any manner whatsoever, the marine habitat or fish sanctuaries, or the coastal areas, and the environment of the province;

However, motorboats herein alluded to shall be classified according to sizes. Large motorboats (double engine) ferrying large cargoes or passengers of any kind with weight capacity of three (3) tons and above are exempted from the coverage of the foregoing ordinance. Small motorboats (double engine) ferrying small cargoes or passengers of any kind with weight capacity of below three (3) tons are not exempt from the coverage hereof.

The following sea crafts, seagoing vessels, pump boats, or motorboats are exempt from the implementation hereof, to wit:

1. Those which are to be used for sports activities; 2. Those owned and/or operated by the LGUs with designated

color and seal of the concerned LGU; 3. Those utilized by the duly constituted authorities, law

enforcers, and all other sea crafts with a weight capacity of more than three (3) tons;

The concerned municipal or barangay officials are mandated to conduct regular and proper supervision, inspection or monitoring in the implementation of this ordinance.

Section 5 – ENFORCEMENT. There shall be a duly authorized law enforcement body that will be tasked to implement this law which is composed of the following to wit:

1. Provincial Fishery Enforcement Team

a. OPAg thru Provincial Fishery Law Enforcement Team b. PPO Representative c. PNP Representative d. AFP Representative e. PN Representative f. DENR/PENRO/Auxiliary Coast Guard

2. Municipal Enforcers

a. Municipal Mayor b. SB Member – Chairperson, Committee on Agriculture c. Municipal Agriculturist d. President/Representative of Fishermen’s Association e. SB Member – Chairperson, Committee on Peace and Order f. Municipal PNP Chief of Police/Bantay Dagat Auxiliary Forces

3. Barangay Law Enforcers

a. Barangay Chairman/Chairperson b. Brgy. Kagawad, Chairman, Committee on Agriculture &

Fisheries.


c. President Fisherman Association d. Chief, Barangay Tanod/CVO/Bantay Dagat Auxiliary Forces e. Barangay Fishery Technician

Section 6 – Penalty. - Any person or persons, natural or juridical, found violating this ordinance shall be meted with the following penalty:

1. First offense - A fine of P 3,000.00 per person ;

2. Second offense - A fine of P 5,000.00 per person; and

3. Third offense – Confiscation of the sea craft/banca and engines in favor of the apprehending Local Government Unit in addition to a fine of Php 5,000.00 per person. Voluntary payment of the imposable fine and/or surrender of the sea craft and engines in lieu of prosecution and administrative confiscation herein mentioned may be availed of upon payment of the fine with the Office of the Provincial Treasurer of the province.




ENACTED during the 22nd Regular Session of the 4th Sangguniang

Panlalawigan of the Province of Zamboanga Sibugay, on February 21, 2011, at Ipil, Zamboanga Sibugay, Philippines.

CERTIFIED TRUE

& ACCURATE COPY




[email protected]



ATTESTATION &

CERTIFICATION


Regular Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga Sibugay and that the foregoing legislative measure has been

enacted and approved during the aforesaid session.

ATTY. REY ANDRE C. OLEGARIO Presiding Officer

Provincial Vice Governor

APPROVED by His Honor, the Governor, on_________________



Provincial Governor


22nd Regular Session 4TH SANGGUNIANG PANLALAWIGAN _____________________________________________________________________________________ 3rd floor, Capitol building, Ipil Heights, Ipil, Zamboanga Sibugay, Philippines [email protected]







“ANIMAL SHIPPING AND SLAUGHT-ERING REGULATION ORDINANCE OF ZAMBOANGA SIBUGAY AND IMPOSING PENALTY THEREFORE”

HON. JOEL D. EBOL


Author

EXPLANATORY NOTE

WHEREAS, it has been noted that there is

rampant shipping and slaughtering of working animals in the province;

WHEREAS, if authorities will not take steps to

curtail such nefarious activities the population of working animals in the province will be depleted;

BE IT ORDAINED by the Sangguniang

Panlalawigan of Zamboanga Sibugay, in session assembled:

Section 1. Title - This ordinance shall be known and thereafter referred to as “THE ANIMAL SHIPPING AND SLAUGHTERING REGULATION ORDINANCE OF ZAMBOANGA SIBUGAY AND IMPOSING PENALTY HEREOF”


ZAMBOANGA

OFFICIALS








Pro-Tempore





1ST

DISTRICT



HON. ERIC Y. PALMA








2nd

DISTRICT




Chairman, Tourism

HON. JOSE V. ABALDE


HON. JOEL D. EBOL











Legend

_ Present On-Leave


Section 2 - Prohibited Acts. 2.1 This ordinance shall prohibit the shipment and slaughter of working

carabaos and young cattle in the Province of Zamboanga Sibugay. 2.2 It shall be prohibited to slaughter or ship out working animals of

female offspring nine years old below and male offspring five years old and below of artificially inseminated cattle.

2.3 It shall also be prohibited for any person to ship out or slaughter

female carabao aged twelve (12) and below and male carabao aged nine (9) years and below.

Section 3 – Penalty - A fine of Two Thousand Pesos (Php 2,000.00) shall be imposed against those who:

1. Shall contravene or violate any provisions/s of this ordinance;

2. Will obstruct or impede or assist in obstructing or impending the Provincial Veterinarian or person in authority in his/her behalf in the execution of any of the provisions of this ordinance;

3. Shall forge, counterfeit, alter or destroy or remove any certificate passed, or any legal papers issued by the Provincial Veterinary Office;

A penalty of Two Thousand Five Hundred Pesos (Php 2, 500.00) per animal shall be imposed upon any person or persons who shall fail to present his/her animals for inspection.

A voluntary fine, in lieu of prosecution, may be availed of by tendering and effecting the payments of the corresponding fines before the Office of the Provincial Treasurer of the Province of Zamboanga Sibugay.





Panlalawigan of the Province of Zamboanga Sibugay, on February 21, 2011 at Ipil, Zamboanga Sibugay, Philippines.


CERTIFIED TRUE

& ACCURATE COPY




[email protected]

ATTESTATION &

CERTIFICATION


Regular Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga Sibugay and that the foregoing legislative measure has been approved and enacted during the aforesaid session.

ATTY. REY ANDRE C. OLEGARIO

Presiding Officer Provincial Vice Governor

APPROVED by His Honor, the Governor, on _______________,



Provincial Governor

PROVINCIAL SECRETARY’S OFFICE

Sanggguniang Panlalawigan


[email protected]


22nd Regular Session 4TH SANGGUNIANG PANLALAWIGAN _____________________________________________________________________________________ 3rd floor, Capitol building, Ipil Heights, Ipil, Zamboanga Sibugay, Philippines [email protected]







“VETERINARY HEALTH AND SANITATION ORDINANCE OF ZAMBOANGA SIBUGAY.”

HON. JOEL D. EBOL


Author

EXPLANATORY NOTE

WHEREAS, it is the duty of the Provincial Veterinarian to develop plans and strategies and implement the same, particularly those which are veterinary-related activities pursuant to the pertinent provisions of Republic Act 8973;

WHEREAS, this measure is hereby promulgated to empower the province through the Provincial Veterinary Office, to impose and collect fees for service rendered in probing/checking animals and/or animal by-products shipped from Zamboanga Sibugay to destination outside the province as indicated in its accompanying transport documents and other indicators and to impose probing/checking animals and/or animals by-products that may enter the province. It will be enacted pursuant to the authority granted to the provincial government by virtue of Special Order No. 215 issued and signed by the Secretary of Agriculture relative to deputation of the Provincial Veterinarian to carry out quarantine duties;


ZAMBOANGA

OFFICIALS








Pro-Tempore





1ST

DISTRICT



HON. ERIC Y. PALMA








2nd

DISTRICT




Chairman, Tourism

HON. JOSE V. ABALDE


HON. JOEL D. EBOL











Legend

_ Present On-Leave


WHEREAS, Section 468 (a)-(4)-(V) of 1991 Local Government Code empowers the Sangguniang Panlalawigan to approve measures and adopt quarantine regulation to prevent the introduction and spread of diseases within its territorial jurisdiction;

WHEREAS, Section 468 (a)-(3)-(i) and (ii) of the same code, on the other hand, state that the Sangguniang Panlalawigan shall fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities;

BE IT ORDAINED

by the Sangguniang Panlalawigan of Zamboanga Sibugay, in session assembled, as follows:

Section 1. Title - This ordinance shall be known and thereafter referred to as “VETERINARY HEALTH AND SANITATION ORDINANCE OF ZAMBOANGA SIBUGAY.”

Section 2. Declaration of Policy – It is hereby declared the policy of the Provincial Government of Zamboanga Sibugay, being an agricultural province, to maximize the utilization of its agricultural resources for employment generation, attainment of food sufficiency, and to protect and safeguard the agriculture and poultry and livestock sectors from man-made and natural calamities thereby sustaining an enhanced livelihood and economic prosperity for the welfare and benefit of the people.

Section 3. Scope, Purpose, and Area of Coverage – The regulation shall apply specifically to the animals and or animal by-products, produced and shipped in and out of the territorial jurisdiction of the province of Zamboanga Sibugay, to be checked and probed to strictly implement the quarantine regulation on animals pertaining surveillance, prevention, and eradication of dangerous communicable animal diseases. This is to ensure that only health/ quality livestock and animal by-products are marketed in order to protect and safeguard the developing livestock industry of the province.

Section 4. Definition Of Terms:

a. Veterinarian – A licensed veterinarian under the employment of the Provincial Government.

b. Shipper – Any individual, partnership, firm, company, association or

other organized group or their agent and/or representative who owns the goods and the livestock transported.

c. Person – Any individual, firm, partnership, corporation, company,

society, association or other organized groups of any of the foregoing or their agent, representative, officer, employee, livestock owner, caretaker, etc.


d. Animal By-Products – Refers to the fresh/frozen meat, hides, bone meals, dung, balut eggs and organic fertilizers from animal wastes.

e. Veterinary health Certificate – A document issued by the Provincial

Veterinary office certifying that the animals and animal by-products are found without infection and granting officially the shipper/s the right to transport its products outside the province of Zamboanga Sibugay.

f. Provincial Veterinary Office – The agency authorized and

responsible for probing and checking the health/quality of animals and animal by-products transported in and from Zamboanga Sibugay and for issuing the proper Veterinary Health Certificate.

g. Animals – Horses, mules, asses, cattle, carabaos, buffalos, tamaraws, sheeps, goats, swine, poultry, birds, rabbits, cats, dogs, deer, wild hogs, circus and pet animals and those intended to be used for diagnostic and experimental purposes.

h. Large Animals – Horses, mules, asses. Cattle, Carabaos, buffalos, Tamaraws, and other domesticated members of equine, bovine and bubaline families.

i. Small Animals – Sheep, goats, swine, birds, fowls, or poultry, dogs,

cats, deer, small circus and pet animals and those intended to be used for diagnostic and experimental purposes as rabbits, hamster, guinea pigs, mice, etc.

j. Dangerous Communicable Animal Diseases – Shall to include all acute and chronic animal diseases to human being or vice versa (zoonosis) capable of inflicting economic losses or it is detrimental to public health, or which may cause economic loss on the intrinsic value of the animal affected.

k. Suspect – An animal or animals that have been in contact with the infected animal or animals and those animals capable of spreading the diseases mechanically due to contact with infected ones and those animals that do not give complete reaction to the test before or a year after vaccination.

l. Sanitation – The act or process of securing a sanitary or healthful condition.

m. Quarantine – Period of isolation of animals to prevent the spread of diseases.

Section 5 . Duties and Functions of the Office of the Provincial Veterinarian.

1. Formulate measures for the consideration of the sanggunian and

provide technical assistance and support to the Governor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities pursuant to Sec. 17 of RA 7160.


2. Develop plans and strategies and upon approval thereof by the

Governor, implement the same, particularly those which have to do with veterinary related activities of which the Governor is empowered to implement and of which the Sangguniang Panlalawigan is empowered to provide pursuant to Republic Act No. 7160.

3. Advise the Governor on all matters pertaining to the slaughter of the animals for human consumption and the regulation of slaughter house.

4. Regulate the keeping of domestic animals.

5. Regulate and inspect poultry, livestock and dairy products for public consumption.

6. Subject to Sangguniang Panlalawigan approval thru an ordinance, formulates and enforces laws and regulation for the prevention of cruelty to animals.

7. Take the necessary measures to eradicate, prevent or cure all forms of animal diseases.

8. Be in the front-line of veterinary related activities in close coordination with the concerned National Agency, such as in the outbreak of highly contagious and deadly diseases and in situation resulting in the deflation of animal for work and human consumption, particularly those arising from and in the aftermath of man-made and natural disasters and calamities.

9. Recommend to the Sanggunian and advice the Governor on all matters relative to veterinary services which will increase the number and improve the quality of livestock, poultry and other domestic animals used for work or human consumption.

10. Initiate in the formation of a council which will assist the office in the implementation and enforcement of ordinance.

11. Confiscate, apprehend or deny entrance of animals or isolation of any animal farms/dwellings if security of exotic, domestic, wild animal and food animal is at stake.

12. Coordinate with state universities/colleges within the province in a matter relative to animal health, genetics and other appropriate technology.

13. To obtain or collect periodic report relative to population and health status and other relevant data of exotic, domestic and food animals when needed or appropriate.

14. Coordinate with the Provincial, Municipal Agriculture office and Municipal, Local Chief Executive (Barangay included) in a matter pertaining to population-related health risk and other relevant data.

15. Exercise such other powers and perform such other duties and functions as may be prescribed by Law or Ordinance.


Section 6. Prohibited Acts – The following are prohibited acts:

6.1. No shipper in the province of Zamboanga Sibugay shall be allowed to transport animal and animal by-products to other destination outside the province of Zamboanga Sibugay without first securing a Veterinary Health Certificate from the Provincial Veterinarian and/or his duly authorized representative.

6.2. No animal and animal by-products shall be allowed to enter the province without accompanying transport documents and other indicators from place of origin;

6.3. No meat derived from food animals shall be transported unless certified to have been slaughtered by government accredited abattoir, passed ante-mortem inspection by the government veterinarian, and found to be free from dangerous communicable diseases;

Section 7. Veterinary Health Fees - The payment for the services in relation to the foregoing is fixed as follows:

A. Animals

Cattle, Carabao, Horses, and Other Large Ruminants. . . . . . P 50.00/head Goat, Sheep & Deer……………………………………………… P 20.00/head Swine……………………………………………………………... P 20.00/head Dog & Cats…………………………………………………………P 10.00/head Commercial Chick ( Day Old ) ………………………….…….. .01/head Game Bird/Fighting Cock………………………………..………P 10.00/head Chicken, Turkey, Geese & Ducks … ………………………….. P 1.00/head

B. Animal By-Products

Fresh/Frozen Meat ……………………………………………….P 1.00/kilo Hides, Bone Meals, Dung……………………………………........P .50/kilo Organic Fertilizers …………………………………………………P 5.00/bag Table Egg & Balut..……………………………………………….. P .50/tray

7.2. Time of Payment – The fee imposed herein shall be paid to the Provincial Treasurer and/or their duly authorized collectors before animals and animal by-products can be shipped/transported.

Section 8. Veterinary Quarantine Checkpoints (VQC) - There shall be established Veterinary Quarantine Checkpoints (VQC) to be managed and maintained by the Office of the Provincial Veterinarian in seaports, airports, and inland entry and exit points in the province to check the Veterinary Health Certificate of animals and animal by-products coming and leaving the province of Zamboanga Sibugay, subject to restrictions and regulations set forth in this ordinance.


Veterinary Quarantine Checkpoints shall be established at:

a. Palomoc, Titay ( Zamboanga Sibugay-Zamboanga Del Norte

Boundary) b. Basalem, Buug (Zamboanga Sibugay-Zamboanga Del Sur

Boundary) c. San Pedro, Tungawan (Zamboanga Sibugay-Zamboanga City

Boundary) d. Any other parts of Zamboanga Sibugay as determined by the Office

of the Provincial Veterinarian.

Section 9. Sanctions and Penalties – Any person or persons, natural or juridical, who shall contravene or violate any of the provisions of this ordinance, or will obstruct or impede or assist in obstructing or impending the Provincial Veterinarian or person in authority in his/her behalf in the execution of any of the provisions of this ordinance, or shall forge, counterfeit, alter or destroy or remove any certificate passed, or any legal papers issued by virtue of the provision of the ordinance, or shall fail to present his/her animals for inspection, vaccination, and or treatment on the date and place designated on the program shall be meted with the penalty of not more than one (1) year or a fine not exceeding Five Thousand Pesos (P 5,000.00) or both in the discretion of the court.

A voluntary fine, in lieu of prosecution in the court of appropriate

jurisdiction, may be availed of upon payment of the corresponding penalty with the Office of the Provincial Treasurer.

Section 10. Enforcement Agencies. It shall be the duty of all duly constituted law enforcement agencies, the Philippine National Police and the Provincial Veterinary Office to enforce the provisions of this ordinance and to prosecute any person violating the same.



Section 13. Effectivity – This ordinance shall take effect immediately upon approval but subject to the publication and posting requirements under Republic Act No. 7160.



Panlalawigan of the Province of Zamboanga Sibugay, on February 21, 2011 at Ipil, Zamboanga Sibugay, Philippines.

CERTIFIED TRUE

& ACCURATE COPY




[email protected]

ATTESTATION &

CERTIFICATION


Regular Session of the 4th Sangguniang Panlalawigan of the Province of Zamboanga Sibugay and that the foregoing legislative measure has been approved and enacted during the aforesaid session.

ATTY. REY ANDRE C. OLEGARIO

Presiding Officer Provincial Vice Governor

APPROVED by His Honor, the Governor, on ______________,



Provincial Governor


Documents

The 22 Session 4TH SANGGUNIANG PANLALAWIGAN ( 2011-334 … · ndEXCERPT from the minutes of the 22 Regular Session of the 4th Sangguniang Panlalawigan of the Province of ... Barangay