A COMPREHENSIVE MUNICIPAL CODE PROVIDING FOR THE SUSTAINABLE MANAGEMENT, DEVELOPMENT AND CONSERVATION OF THE MUNICIPAL WATERS AND ITS COASTAL RESOURCES, HARMONIZING AND INTEGRATING ALL ORDINANCES PERTINENT THERETO AND FOR OTHER PURPOSES..
Authored by: Kag. Cesar G. Campos
Co-Authored by: Kag. Filomena V. Asedilla
Sponsored by: MASS MOTION
WHEREAS, the Philippine Constitution protects and advances the rights of the people to a balanced and healthy ecology in accord with the rhythm and harmony of nature;
WHEREAS, the local Government Code of 1991 has devolved the management of the municipal waters and its coastal and fishery resources to the municipal government;
WHEREAS, the Philippine Fisheries Code of 1998 mandates all coastal municipalities to enact ordinances that will address the sustainable management, utilization, development and conservation of the municipal waters and its coastal and fishery resources;
WHEREAS, this Sangguniang Bayan is convinced of the need to enact a basic municipal fisheries ordinances;
NOW THEREFORE , the Sangguniang Bayan of Maribojoc, Bohol in session assembled.
DO HEREBY ORDAIN, that:
SECTION 1: Title-
This ordinance shall be known as the “ COASTAL RESOURCE MANAGEMENT CODE OF THE MUNICIPALITY OF MARIBOJOC”.
Article 1
Declaration of policy and Definition of Terms
SECTION 2: Declaration of Policy-
It is hereby declared the policy of the municipal to:
1. Promote conservation and ensure sustainable and equitable of its coastal areas and resources in conformity with the Philippine Fisheries Code of 1998.
2. Ensure, for the benefit and enjoyment of the people of Maribojoc, Bohol, the judicious and wise utilization, protection, conservation and management on a sustainable basis of its coastal and fishery resources with the necessity of maintaining a sound ecological balance and protecting and enhancing the quality of the environment.
3. Protect the rights to the small and marginal fishers in the preferential use of communal coastal and fishery.
4. Allow people’s full and active participation in the conservation and management of the coastal and fishery resources and promote awareness of sustainable fisheries through appropriate education and training
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5. Provide full support for sustainable fisheries in the municipal waters through appropriate technology and research, adequate financing, production and marketing assistance and other services.
6. Allow the private sector to utilize resources under the basic concepts that the grantee, licensee or permittee thereof shall not only be privileged beneficiary of the municipality, but also an active participant and partner of the municipal government in the management, development, conservation and protection of the fisheries and coastal resource of the municipality.
7. Promote and adhere to the precautionary principle of conservation, management and exploitation of living coastal and fishery resources in order to assure the sustainable development of the coastal environment. The absence of adequate scientific and technical information should not be used as a reason for postponing or failing to take conservation and management measures.
SECTION 3: Application of its Provisions. –
The provisions of this Code shall be enforced in:
1. All the municipal waters, as defined in this ordinance.
2. All fishery resources in the municipal waters.
3. All fishery activities or businesses relating to the use, development, conservation and management of the municipal waters and its coastal and fishery resources; and
4. All people, entities or corporations that use/or intend to use the coastal and fishery resources of the municipality.
SECTION 4: Definition of Terms.-
As used in this ordinance, the following terms and phrases shall means as follows:
1. Aquaculture – fishery operations involving all forms of raising and culturing fish and fishery species in fresh water, brackish and marine water areas.
2. Aquatic/coastal pollution – the introduction of substances by human or machine, directly or indirectly, to the coastal environment which result or likely to result in such deleterious effects as to harm living and non-living fishery and coastal resource; pose potential and/or real hazard to human health; hindrance to coastal activities such as fishing and navigation, including dumping/disposal of waste and other marine litter; discharge or petroleum, an other radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or other humanmade structures. Deforestation and unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversation, which cause similar hazards and deleterious effects shall also constitute aquatic or coastal pollution.
3. Buffer Zone – an area of least 50 meters, distance around the sanctuary in which only hook and line fishing may take place with a maximum of five hooks per fishers.
4. Closed Season – the period during which the taking of specified fishery species by a specified fishing gear is prohibited in an area or areas in the municipal waters.
5. Coastal Area Zone – is a band of dry land and adjacent ocean space water and submerged in which terrestrial processes and uses directly after oceanic processes and uses, and vice-versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipas swamps, estuarine rivers, sandy beaches and other areas within seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft bottom areas.
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6. Commercial Fishing – the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, to be further classified as:
Small – scale commercial fishing – fishing with passive or active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to GT;
Medium – scale commercial fishing – fishing with passive or active gear
utilizing vessels of 20.1 gross tons (GT) to 150 GT; and
Large scale commercial fishing – fishing with passive or active gear
utilizing vessels of more than 150 GT.
7. Coral – marine animals, anthozoan and cnidarian coelenterates, consisting of polyps and the rigid skeletal structure they produce. The living animal with this its skeleton and the skeleton alone are both referred to as coral. Included are members of the genus Corallium, characterized by a rigid axis of compact calcareous or homy spicule and represented by red, pink and white corals which are considered precious corals, the Antipatharians, characterized by a thorny, horny axis and represented by the black coral which are considered semi-precious coral, and ordinanry corals which are neither precious nor semi-precious and usually characterized by the calcareous skeleton.
8. Coral Reef – Geological featured built by natural calcification and other deposits from corals and calcareous.
9. Core Zone – marine sanctuary perimeter.
10. Destructive Activities – shall mean those activities that bring and cause damage or destruction to the marine life-habitat and /or established faculties within the marine park.
11. Department – shall mean Department of Agriculture.
12. Exclusive Fishery Privilege – a privilege granted to any registered and accredited organization to do specific fishing activity in a specific area.
13. Extractive Activities – taking out, catching or collecting of any living or non-living from within the marine park. Exclusive Fishery Privilege – a privilege granted to and registered and accredited organization to do specific fishing activity in a specific area.
14. FARMC – shall mean Fisheries and Aquatic Resource Management Council.
15. Fine – Meshed Nets – all net – webbing, whether made of natural fibers, synthetic or any other materials used in fishing, with a mesh size of less than three (3) centimeters, measured.
16. Fish Cage – any method of culturing fin fish in a fish enclosure which is either stationary or floating, made up of nettings or screen sewn or fastened together and installed in the water with opening at the surface and held in place by wooden posts or various anchors and floats.
17. Fish Corral – a stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split bamboo matting or wire mattings with one or more enclosures, usually with easy entrance by difficult exit, and with or without leaders to direct the fish to the catching chambers, purse or bags.
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18. Fisheries – refers to all activities relating to the act or business of fishing, culturing, preserving, processing, developing, conserving and managing fishery resources.
19. Fishery License–a document that qualifies a person/ cooperative/ partnership/ corporation to engage in any fishery activities in the municipal waters.
20. Fishers – people directly, or personally and physically engaged in taking and/ or culturing and processing fishery/coastal/marine resources.
21. Fishers Organization – an accredited organized group, association, federation alliance or institution of fishers which has at least 15 members, a set of officers, a constitution and by-laws and having organizational structure and programs of action.
22. Fishery and Machine Resources – include not only fin fish also mollusks, crustaceans and the use of fishing vessels.
23. Fishing – the taking of fishery species from the wild state or habitat, with or without the use of fishing vessels.
24. Fishing Gear – any instrument or device and its accessories utilized in taking fish and other fishery species. It can be either of the following:
Active Fishing Gear – fishing gear characterized by active movement and/or pursuit of the target species by towing, lifting, and pursuing the gears surrounding, covering dredging, pumping and scaring the target species to impounder or encirclements, such as, but not limited to, trawl, purse seines, Danish seines, bagnets, pushnets, castnets, harvesting machines, beach seines, pa-aling, drift and tuna long line.
Passive Fishing Gear – is characterized by the absence of gear movement and/or the pursuit of the target species such as, but not limited to, hook and line, fishpots, traps and gill nets across the path of the fish.
25. Fishing Vessel – any vessel, boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels at sea in the performance of any activity relating, including, but not limited to, preservation, supply, storage, refrigeration, transportation and processing.
26. Gratutious Permit – A permit issued to marginal and subsistence municipal fishers free of any charges.
27. Mangroves – a community of intertidal plants including all species of trees, shrubs, vines and herbs on coast, swamps, or border of swamps.
28. Marine Sanctuary – a designated area within the municipal waters where fishing and other human activities are prohibited.
29. Monitoring – for monitoring fisheries, this may include long-term observation of:
1. Fishing effort which can be expressed by the number of days or hours of fishing gears and number of fishers;
2. Characteristics of fishery resource; and
3. Resource yields or catch.
30. Municipal Fishers – persons who are engaged in municipal fishing and/or fishing within the municipal waters.
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31. Municipal Fishing – refers to fishing using fishing vessels of three (3) gross tons or less or fishing not requiring the use of fishing vessels within fifteen (15) kilometers distance from the shoreline.
32. Municipal Government – refers to the municipal government of.
33. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not the subject of private ownership and not included within the national parks, brackish water fishponds leased by the government, and national fishery reserves, refuge and sanctuaries but also marine waters included between two 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 15 kilometers from such coastline. Where two municipalities are so situated on opposite shores such that there is less than thirty (30) kilometers of marine waters between them, the third line shall be a line equidistant from the opposite shores of the respective municipalities.
34. Non-Government Organization (NGO) – refers to an agency, institution, a foundation or a group of persons whose purpose is to assist people’s organizations/associations in various ways including, but not limited to organizing, education, training, research and/or resource accessing.
35. Overfished Area – an area within the municipal waters which cannot sustain the fisheries. It can be due to any of the following types of overfishing:
1. Too much harvesting in such a way that the mean size of fish captures is suboptimal for providing effective yields from a fishery;
2. Intense fishing pressure by which the process of fishery restocking through reproduction and resettlement is impaired;
3. Shift in community structure from fishery dominated by valuable species to one dominated by species of less economic value or utility; and
4. When resource users faced with declining catches and lacking any other alternative, initiate wholesale resource destruction in their effort to maintain their incomes.
36. People’s Organization – a bonafide and duly accredited association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s in the community who voluntarily band themselves together to work for their own upliftment, development and greater good.
37. Permit – a documents issued to license holders before engaging in fishing using particular gear and/ or boat or engage in any fishery activities within the municipality.
38. Persons – natural or juridical entities such as individuals, associations, partnership, cooperatives corporations.
39. RA 8550 – Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998. It is the national law that governs the management and conservation of the fishery resources of the country.
Article II
Municipal Waters
SECTION 5: Territorial Boundary:
Pursuant to the Local Government Code of 1991 of the Philippine Fisheries Code of
1998 and upon the validation and recommendation by the National Mapping and Resource Information Authority, it is hereby delineated as shown in the NAMRIA Map No. MW-NGW-019, series of 2002, the technical description of the Municipal waters of the Municipality of Maribojoc, Province of Bohol are bounded by the general coastline of the municipality and the lines described as follows:
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POINT
LATITUDE
LONGITUDE
REMARKS
Beginning at 1 09° 42’57” 123° 51’44” Coastal terminal point
thence 2 09° 42’42” 123° 50’53”
thence 3 09° 42’31” 123° 50’34”
thence 4 09° 42’20” 123° 49’54”
thence 5 09° 42’14” 123° 48’57”
thence 6 09° 41’32” 123° 48’20”
thence 7 09° 40’57” 123° 47’36”
thence 8 09° 40’48” 123° 46’48”
thence 9 09° 40’53” 123° 45’03”
thence 10 09° 40’55” 123° 44’43”
thence 11 09° 41’08” 123° 43’31”
thence 12 09° 41’14” 123° 42’15”
thence 13 09° 44’22” 123° 47’06”
thence 14 09° 44’26” 123° 47’10”
thence following
the coastline to 1 Coastal terminal point
The Municipal waters boundaries are delineated for the purpose of determining the geographic extent of the municipality’s taxation or revenue generation powers, its enforcement justification resources allocations, and general management powers.
SECTION 6: Jurisdiction of the Municioal Government
The municipal government shall have jurisdiction over the municipal waters. The
municipal government shall be responsible for the management, conservation, development
protection, utilization and disposition of all coastal and fishery resources within the municipal
waters. The municipal government in consultation with the FARMC, shall enact
corresponding ordinances and issue executive orders thereon: Provided, that ordinances
enacted and executive orders issued by the municipal government shall conform with the
existing national and local laws and policies and shall not endangers to the sustainability of
the coastal and fishery resources or destroy the ecological balance: Provided, however, that
the municipal government, in coordination with the FARMC and other concerned agencies
and institutions, shall also enforce all fishery and environmental laws, rules and
regulations, as well as coastal and fishery resources-related ordinances enacted by the
Sangguniang Bayan
SECTION 7: Zonation of the Municipal Waters
The municipal waters of this municipality shall be divided into the following zones:
(see attached zoning map)
Zone 1 – Multiple Use Zone
Zone 2 – Rehabilitation Zone
Zone 3 – Trade and Navigational Zone
Zone 4 – Tourism and Recreational Zone
Zone 5 – Protected Area Zone
Zone 6 – NIPAS Zone
SECTION 8: Use of the Municipal Waters
The municipal waters shall be reserved for municipal fisheries: Provided, that other
activities, such as, but not limited to, research and monitoring activities may be allowed under
appropriate regulations, for purely research, scientific, technological and educational purposes
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SECTION 9: Users of the Municipal Waters
All fisheries and coastal related activities in the municipal waters, subject to existing
Laws and regulations, shall be utilized by the registered municipal fishers and their organizations and cooperatives duly accredited by the Sangguniang Bayan: Provided, that registered municipal fishers from other municipalities, but not more than ten (10) percent of the total number of registered resident municipal fishers, may be allowed to use and exploit the coastal and fishery resources of the municipality, subject to existing national and local rules and regulations; Provided, however, that municipal fishers from other municipalities shall pay amount of prescribed fishery license and permit fee: Provided, further: that no commercial fishing vessel is allowed to operate within the municipal waters.
SECTION 10: Registry of Fishers
The Municipal Government shall maintain a registry of fishers for the purpose of determining priorities among them, of regulating and limiting entry into the municipal waters, and of monitoring fishing activities and/or other related purpose: Provided, that such list or registry shall be updated annually or as often as may be necessary, and shall be posted in barangay halls or other strategic locations where it shall be open to the public, for the purpose of validating the correctness and completeness of the list: Provided, however, that the Municipal Government, in consultation with the FARMC, shall formulate the necessary mechanisms for inclusion or exclusion procedures that shall be most beneficial to the fishers. The FARMC may likewise recommend such mechanisms: Provided, further, that the Municipal Government shall maintain a registry of fishing vessels, type of gears and other boat and fishing particulars.
Article III
Utilization and Exploitation of Fishery Resources
SECTION 11: Preferential Treatment to Registered Fishers and Their Organization in the Grant of Exclusive Fishery Privileges.-
The duly registered and accredited organizations; cooperatives of registered fishers; peoples’ organization which have registered fishers comprising the majority of members shall have preference in the grant of exclusive fishery privilege by the Sangguniang Bayan and such grant be guided by the following procedures:
a. The Sangguniang Bayan shall post in the municipal hall in at least two (2) other strategic places a notice to fishers organizations or cooperatives to apply for the exclusive fishery privilege. The notice shall also be posted in at least two (2) conspicuous places in every fishing barangay and announce the amount of the exclusive fishery privilege
b. Interested parties shall have a period of 30 days from the posting of the notice to signify their intention to the Sangguniang Bayan to avail of the exclusive fishery privilege
c. Should two (2) or more groups signify their intent to avail the exclusive fishery privilege the Sangguniang Bayan shall accommodate them, if possible. If this should not be possible, the Sangguniang Bayan, in consultation with the FARMC, shall draw up guidelines to resolve the matter.
d. Only when no organizations have signified their intent to avail the privilege, or the failure of the grant for exclusive fishery privilege to the organization, shall other parties be invited to participate in a public bidding. Provided, however, that interested bidders should have fishery license issued by the municipal government.
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e. The Sangguniang Bayan, through a resolution shall award the exclusive fishery privilege.
f. The organizations or cooperatives or the winner in the public bidding shall pay the amount of the exclusive fishery privilege to the municipal government, through the office of the municipal treasurer.
SECTION 12: Limitation of the Grant Exclusive Fishery.
The following limitations shall be strictly followed:
1. The exclusive fishery privilege shall be binding and valid for three (3) year.
2. The exclusive fishery privilege shall not be sub-contracted or sub-leased, in whole or in part.
3. The members of the fisherfolk organizations or cooperatives whose household are already in possession of any exclusive fishery privilege, other than for fish capture, cannot enjoy the exclusive fishery privilege granted to the organization or cooperative.
SECTION 13: Grounds for the Cancellation of the Exclusive Fishery Privilege.-
The following are the grounds for the cancellation of the exclusive fishery privilege.
1. Construction and operation of fish corral and/or gathering of bangus fry outside of the designated area in the municipal waters.
2. Violation of any fisheries and environment – related ordinance.
3. Use of dummies
4. Failure to comply with national laws, rules and regulations, and
5. When public welfare so requires as deemed by the municipal government, in consultation with the FARMC
Provided, That a voluntary written request to forego the exclusive fishery privilege by the holder is a sufficient ground for the cancellation of the privilege.
Article IV
Management, Development and Conservation of Fisheries and Aquatic Resources
SECTION 14: Designation of Closed Season in the Catching and Gathering of Siganid, locally known as Danggit.-
The municipal government shall designate closed season in the catching and gathering
of siganid species locally known as Danggit during the period 3rd – 4th – 5th rising of the new
moon; Provided, however, that, if the gathering of matured “ Danggit” that are already
enclosed in the fish corral during the prohibited period is unavoidable, such gathering shall
not be done before 7:30 in the morning.
SECTION 15: Prohibition Against the Catching and Gathering of Siganid Fry. Locally Known as Kujog or Tagum-tagum
The catching and gathering of siganid fry, locally known as kujog or tagum-tagum, is
hereby prohibited
SECTION 16: Limited Entry Into Overfished Areas.-
Whenever a particular area in the municipal waters is being overfished or in danger of being overfished, based on available data or information, the Sangguniang Bayan, in consultation with the FARMC, shall enact an ordinance prohibiting or limiting fisheries activities in the said waters.
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SECTION 17. Management of Marine Sanctuary
1. The objectives of the establishment of the sanctuary in the municipality are to protect and manage the coastal and fishery resources of the Municipality to ensure their sustainable use, for the enjoyment and benefit of its people, and to establish the means to enforce, control and regulate the activities of visitors, tourist, divers snorelers, swimmers, boats and other resource users within the sanctuary and in accordance with approved management plans and ordinances.
2. A multi-sectoral management body shall be created, empowered and funded as part of the sanctuary management plan ordinance in order to ensure proper and responsible planning management and enforcement of the Marine Sanctuary. This group will be duly elected and composed of the Barangay Captain and Council, barangay Fisherfolks Association, Barangay Tanods and other interested parties.
3. This management body will meet regularly and organize the following committees within its body. Information, Education and Communication Committee, Enforcement and Guarding Committee, Monitoring and Evaluation Committee, Finances Committee, Planning and other Committees that may be deemed necessary by the body.
4. Within one year of effectivity of this Implementing Rules and Regulations Ordinance, the Municipality of Maribojoc, the Maraag Marine Sanctuary and the Punta Cruz Marine Sanctuary Council will prepare a five year Sanctuary Management plan and ensure that regular maintenance budget for two (2) marine sanctuaries are yearly allocated, of not less than ten thousand pesos (P10,000.00) per marine sanctuary for its maintenance and upgrading of the marine sanctuary and for other activities necessary for the sanctuary, which will be laid down in the management plan.
5. For guarding, the management body will be the one in charge to assign guards during the day and night and they will also be responsible for monitoring.
6. The Municipal Government, in coordination with the Barangay Councils of coastal bnarangays, Municipal FARMC and concerned people’s organization, shall manage the Marine Sanctuaries within the following geographic coordinates.
Maraag Marine Sanctuary:
From Pt. 1-2 124 N latitude 6.12 E longitude
to Pt. 2-3 436 N latitude 21.80 E longitude
to Pt. 3-4 93 N latitude 4.4 E longitude
to Pt. 4-1 410 N latitude 20.5 E longitude
Punta Cruz Marine Sanctuary:
Pt. 1 9°43’59.61” latitude 123°47’44.97” longitude
Pt. 2 9°43’52.21” latitude 123°46’42.30” longitude
Pt. 3 9°43’51.91” latitude 123°47’56.89” longitude
Pt. 4 9°43’59.63” latitude 123°47’56.37” longitude
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Provided, That fishing and other human activities are prohibited in the sanctuary: Provided, however , that scientific and educational activities shall be allowed inside the sanctuary for monitoring and other related purposes, only if written permission is obtained from the municipal government and the research data both raw and processes are passed to the municipal government and barangay officials and management committee of the sanctuary. Provided, further, that the municipal government, in consultation with the FARMC and the concerned peoples’ organizations, shall develop management plans within one year of declaration of the fish sanctuary.
A. General Prohibition In Core Zone
1. All fishing destructive and extractive activities are prohibited within the designated core zone of the marine sanctuary. Prohibited activities include but are not limited to the following activities:
a.) Spear fishing
b.) Fishing with any type of net / or fishing gear
c.) Gathering, collection and/or destruction of any type of marine life
d.) Use of boat anchors
e.) Swimming and recreational activities, in a core zone.
f.) All other legal and illegal activities
2. Use of motorized and non-motorized boats, including wave runners or jet skis, within the marine sanctuary areas.
3. Disposal of solid and/or liquid wastes within the designated waters of the marine Sanctuary and Buffer Zone.
4. In case of “Force Majeure” the rules on the entry of motorized and non-motorized boats may be lifted on a case to case basis.
B. General Prohibitions In the Buffer Zone
1. All fishing destructive and extractive activities are prohibited within the designated buffer zone of the marine sanctuary. The only exception being that small fisherfolks from the surrounding may use hook and line fishing with no more than 10 hooks in the buffer zone around the sanctuary. The buffer zone will marked with colored buoys and signboard.
2. No recreational activities may be conducted in the area, however if necessary motorized boats may be allowed to pass through the area, only under the assurance that they slow their engines to minimum and do not fish within the area.
Exceptions:
1. Only barangay residents may fish or glean within the area known as buffer zone. This will ensure that equitable benefits of the sanctuary to be mainly distributed to these residents who gusrd and ensure the continuity of the sanctuary.
2. Any person wishing to conduct a scientific study or assessment of the area may do so only after having secured a written authorization from the Barangay Captain and the Marine Sanctuary Council
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SECTION 18: Mangrove Protection and Conservation.
The Municipal government, in coordination with the Department of Environment and natural Resources, the FARMC and the people and their organization, and other concerned institutions in the adjacent barangays where mangrove are located, shall initiate proper management of mangrove area: Provided, that the municipal government, in coordination with the Department of Environment and Natural Resources, shall develop programs that promote and ensure community participation in the rehabilitation and management of existing mangrove areas.
SECTION 19: Regulations on Construction and Operation of Fish Corrals
The municipal government, in consultation with the FARMC, shall regulate the construction and operation of fish corrals in the municipal waters: Provided, that no fish corral shall be constructed within two hundred (200) meters of another fish corral: Provided, Further, that the tail of the corral shall not be more than 100 meters: Provided, Furthermore, that the mesh size of the net of the fish corral shall not be less than 3 centimeters and shall be entirely lifted during the designated closed season for gathering of danggit to enable a considerable number of spawner/breeders to reach their spawning grounds: provided, finally, that ownership of fish corral is limited to only one per permittee.
SECTION 20: Protection of Other Marine Habitats.-
The municipal government, in coordination with the FARMC, the barangay, and the people’s organizations, shall ensure the protection and conservation of other marine habitats in the municipal water: Provided, that the municipal government, in consultation with the FARMC, shall regulate the use of fishing gears and other human activities that may adversely affect the marine habitat.
SECTION 21: Coastal Aquaculture.
The municipality shall consider coastal aquaculture as means to promote diversification of income and preservation and conservation of coastal and fisheries resources: Provided, that the municipality shall ensure that resources are used responsibly and adverse impacts on the environment and on local communications are minimized: Provided, however, that coastal aquaculture development shall consider the genetic diversity and ecosystem integrity of the municipal waters: Provided Further, that the municipal government shall ensure that the livelihood of the people and their access to fishing grounds are not adversely affected: Provided Furthermore, that the municipal government shall establish effective procedures to undertake appropriate environmental assessment, monitoring and mitigation with the aim of minimizing adverse ecological changes and related economic and social consequences resulting from water extraction, discharge of effluents, use of chemicals, and other aquaculture activities.
SECTION 22: Regulation on Construction and Operation of Fish Cage.-
The municipal government, in coordination with the FARMC, shall regulate the construction and operation of fish cages in the municipal waters: Provided, that no fish cages shall be allowed outside of the designated areas, except for scientific and educational purposes. Provided, however, that the maximum size of fish cage shall be 36 square meters per module. Clusters of fish cages shall be constructed not less than 20 meters from each other. Provided, Further, that no fish cage shall be constructed within fifty (50) meters from the shoreline. Provided, Furthermore, that no fish cage shall be constructed in designated navigation routes and in front of wharf.
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SECTION 23: Registration of Fish Hatcheries and Private Fishponds.-
All fish hatcheries, fish breeding facilities and private ponds must be registered with the municipal government which shall prescribe minimum standards for such facilities in consultation with the Department of Agriculture.
SECTION 24: Coastal and Aquatic Pollution.-
All activities in the grounds or waters, directly or indirectly, which result or likely to result in such deleterious effect which harm living and non-living aquatic resources, hazards to human health, hindrance to coastal or fishery activities such as fishing and navigation, including dumping/disposal of waste and other marine litter shall be prohibited: Provided, that it shall be the responsibility of the polluter to contain, remove and clean up pollutants at his/her own expense. Provided, however, that, in case of failure to do so, the municipal government, in coordination with other concerned agencies and institutions, shall undertake containment, removal and clean-up operations and the expenses incurred in said operation shall be charged against the person and/or entities responsible for such pollution.
SECTION 25: Maintenance of Water Quality and Cleanliness.-
The municipal government shall maintain the quality of the water at the optimal level relative to natural productivity and the cleanliness of the areas devoted for aquaculture development.
The operators and owners of aquaculture shall develop a mechanism of proper waste disposal. Violation of this section may be ground for the cancellation of the permit to operate aquaculture activities.
SECTION 26: Navigation Route.-
The municipal government, in consultation with the FARMC, shall designate the navigation routes of ferries and other fishing crafts and shall disallow any activity that shall obstruct the designated navigational route. Provided, that nothing in the foregoing section shall be constructed as permitting the lessee, licensee or permittee to undertake, any construction which may obstruct free navigation and impede water circulation such as the flow of tide to and from the area.
Article V
Fishery License
SECTION 27: Fishery License
All individuals, cooperatives, partnerships, firms or corporations who are listed in the registry of municipal fisheries shall be issued fishery license, upon payment of the prescribed fee. Provided, however, that the fishery license is non-transferable. Provided, further, that the holders agree unconditionally to comply with all the laws, orders, policies, and rules and regulations governing fishing. The licensee shall also assume responsibility for any and all of his acts in fishing and fishery operations.
SECTION 28: Renewal of Fishery License.
The fishery license shall be renewed annually. The holder shall have sixty (60) days prior to the expiration of the license to renew.
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SECTION 29: Licensing Procedures.-
Applicants for fishery license shall submit the following documents to the municipal agriculturist/municipal agricultural officer:
1. Duly accomplished application form
2. Community tax certificate (for individual) or certificate of registration or certificate of accreditation (for organizations, cooperatives, partnership, firms of corporations.)
3. Barangay clearance
4. Certification as registered municipal fisheries
5. Other pertinent documents
The office of the municipal agriculturist/municipal agricultural officer, in consultation
with the FARMC, shall recommend the issuance of the fishery license to the municipal mayor upon payment of the necessary fee.
SECTION 30: Schedule of License Fee.-
License to exploit, occupy, produce, culture, capture or gather fish of any species and other fishery products in the municipal waters shall be granted by the municipal mayor upon payment of corresponding fees at the rate not exceeding those fixed hereunder.
For using non-motorized boat – P 55.00
For using motorized boat
a. 10 HP & below – P 110.00
b. 10.1 HP to 16 HP – P 165.00
c. 16.1 HP – 65 HP – P 350.00
For using and/or engaging in the following:
Baling from 20 meters and below – P 100.00
Baling 20 meters or more – P 150.00
Kayagkag from 1 to 50 meters long – P 50.00
Kayagkag from 50 up – P 60.00
Pucot such as pang haul-haul, sawasid – P 100.00
Fishline without lamp – P 40.00
Basnig – P 500.00
Ligid (each) – P 12.00
Sipao – P 16.00
Pangumbal – P 70.00
Panngal – P 30.00
Apong – P 80.00
Palaran – P 50.00
Balirong – P 80.00
Palagdas – P 50.00
Pokot Nylon – P 80.00
Taliwatis – P 50.00
Pakalas or Palangro – P 40.00
Sipao or Palong-Palong – P 40.00
Newlook Fishing ( Pa-ugmad ) – P 300.00
Spear ( Pana ) with Lamp – P 40.00
Pocot with stretched fish net – P 40.00
Jabjab – P 80.00
Skylab – P 40.00
Bato/Miracle Hole per site or hole – P 10.00
Pahubas – P 75.00
Others not mentioned above – P 80.00
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For Construction and Operation of Fish Corrals / Bungsod in sea:
Less than 3 meters deep – P 60.00
3 meters deep or more but less than 5 meters – P 120.00
5 meters deep or more but less than 8 meters – P 400.00
8 meters deep or more but less than 10 meters deep – P 600.00
10 meters deep or more but less than 15 meters deep – P 1,000.00
15 meters deep or more – P 1,600.00
For Construction and Operation of Fish Corrals / Fishpens in inland fresh waters:
Less than 500 sq. meters _ P 200.00
500 sq. meters or more but less than 1,000 sq. mtrs. – P 400.00
1,000 sq. mtrs. or more but less than 5,000 sq. mtrs. – P 720.00
5,000 sq. mtrs. or more but less than 10,000 sq. mtrs.- P 1,000.00
For Construction and Operation of Seaweed Culture Farm – P 1.00 per
sq. mtr.
For Construction and Operation of Oyster and other Mollusk
Culture Beds per hectare _ P 200.00
For Construction and Operation of Fish Cage – P 200.00
For Operation of fish ponds – P 2,000.00 per
hectare
For Operation of prawn ponds – P 3,500.00 per
hectare
For Operation of Payaw by duly municipal registered
Fisherfolk organizations – P 500.00 per
Payaw
For Operation of hatchery – P 1,000.00
For catching bangus fry or “kawag-kawag” or fry of other species:
Less than 1,000 sq. meters – P 1,000.00
1,000 sq. meters to not more than 2,000 sq. meters – P 1,600.00
2,000 sq. meters to not more than 4,000 sq. meters – P 3,000.00
4,000 sq. meters to not more than 6,000 sq. meters – P 4,400.00
6,000 sq. meters to not more than 8,000 sq. meters – P 6,000.00
8,000 sq. meters or more – P 8,000.00
SECTION 31: Use of Payaw (FAD) in Municipal Waters
The municipal government will designate certain zones where Fish Aggregation Devices (payaw) me be placed. These may only be applied for by barangay fisherfolk of the municipality and are only for the use of hook and line fishing and small net fishing.
Each Payaw must be clearly marked with its license number and persons registered as owning the payaw will be responsible for the types of fishing used around the area. If commercial fishing activities are conducted around the Payaw then the registered owner will also be responsible for that fishing gear and will be included in any legal action. A waiver to this effect will be signed by each fusherfolks applying for the license for a Payaw. All unmarked Payaw will be given a grace period of three months to register their payaw or otherwise it will be cut and removed from the municipal waters of the municipality. Preferential rights will be given to the fisherfolks of the municipality and a maximum of 10 Payaw at any one time will be allowed in the municipal waters of the municipality.
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SECTION 32: Color Coding of Motorized and Non-Motorized Boats.-
The municipal government shall designate “orange rectangle measuring 14”x 20” as color for all motorized and non-motorized boats that will be operated in the municipality; Provided, that the following letter and numbers measuring 10” in length shall be inscribed in the orange rectangle in both sides as letter code for each of the barangay:
1. Lincod LI – 01 to LI – n – Maribojoc, Bohol
2. San Vicente SA – 01 to SA – n – Maribojoc, Bohol
3. Anislag AN – 01 to AN – n – Maribojoc, Bohol
4. Poblacion PO – 01 to PO – n – Maribojoc, Bohol
5. Dipatlong DI – 01 to DI – n – Maribojoc, Bohol
6. Bood BO – 01 to BO – n – Maribojoc, Bohol
7. Lagtangon LA – 01 to LA – n – Maribojoc, Bohol
8. Guiwanon GU – 01 to GU – n
9. Punta Cruz PU – 01 to PU – n
10. Others OB – 01 to OB – n
SECTION 33: Gratuitous Permit.-
The municipal government may issue gratuitous permits to municipal fishers to exploit, occupy, produce, culture, capture, or gather fish of any species and other fisheries products in the municipal waters: Provided, that government agency or institutions of learning may also be given gratuitous permit to engage in any fishery activities in the municipal waters for scientific or educational purposes, subject to the terms and conditions as may be imposed.
SECTION 34: Bond for Aquaculture Operation.-
Those who wish to construct and operate any aquaculture facilities for commercial purpose shall deposit a bond to the municipal government. The bond shall be thirty (30) percent of the amount of fees for the construction and operation of the aquaculture facility.
SECTION 35: Duties and Licensee, Permit and Exclusive Fishery Privileges Holders.
All licensees, permittees and exclusive fishery privileges holders shall be governed by existing laws, orders, rules and regulations governing coastal and fishery resources and shall:
1. Take precautions as may be necessary to prevent destruction to the coastal and fishery resources and habitat and the municipal waters and to ensure environmental protection at all times.
2. Assume responsibility for the use of fishing boat and any or all acts of his/her agents, such as employees or laborers, including those of contractors connected with his/her fishing operations, or in the establishment, management, or operation of the contract or during the fishing expedition, such as transport and or possession of dynamite, cyanide and other poisonous or noxious substances, as well as any fish caught through unlawful means;
3. Keep and submit all records and reports of transaction in connection with the license, permit or lease in such format as required by the terms and conditions of the license and as may be required by law;
4. Allow or render assistance to any law enforcer for purpose of inspection, searching and examining any person, documents, records and places of operations including storage areas, auxiliary boats or goods aboard the boat.
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5. Vacate the area covered by the fishery privilege, upon expiration or as directed by authorized municipal officials, unless renewed or cancelled.
6. Clear, remove, destroy or demolish any debris, materials, structure or gear, or the vacated area placed or constructed on the site of the fishery privilege upon expiration or cancellation of the privilege.
7. Abide all other related rules and regulations that will legislate after the enactment of this ordinance.
SECTION 36: Dive shops / Divers
1. All the beginning of the year each dive shop / resort will register with the LGU of Maribojoc the names of their boats, their dive team and other information’s so that they can easily be contacted if any infringements take place and in the case of an emergency. This will be facilitated through the Office of the Mayor and they will keep a file on each dive operation working in. Only once a dive shop is registered may they be allowed to enter the sanctuary. The divers and dive-boat will also be inspected prior to diving in any sanctuary and no anchors will be allowed within the buffer or core zones.
2. Divers will pay One Hundred Pesos (P100.00) per head per dive and use of a camera is allowed but again a permit will be necessary and payment of one hundred pesos (P100.00) for the camera, video cameras may also be used but only upon payment of 150 pesos to the Barangay officials for which an official receipt will be given. Finances will be turned over to the LGU and management committee on a monthly basis.
3. Snorkellers may be allowed to enter, but again only upon permission of the management committee and payment of fifty pesos (P50.00) per entry, signboards will be demarked to show where the divers and snorkellers may enter and exit the sanctuary.
SECTION 37: Funds for Coastal Resource Management.-
The municipal government shall allocate all revenues derived from the utilization and exploitation of the municipal waters to coastal resources management activities such as, but not limited, to law enforcement, livelihood program for fisheries, research, training and education.
SECTION 38: Share of Barangays on Revenue of the Municipal Government.-
The municipal government shall appropriate ten (10) percent of all fees derived from the utilization and exploitation of the municipal waters to the barangays: Provided, however, that the municipal government, within 60 days from the enactment of this Code, shall formulate implementing rules and regulations of this section: Provided, however, that such shall be remitted to the barangays before the end of each quarter.
Article VI
Post-harvest Facilities, Activities and Trades
SECTION 39: Establishment of Post-Harvest Facilities.-
The municipal government shall coordinate with the private sector and other concerned agencies and the FARMC in the establishment of post-harvest facilities such as, but not limited to, municipal fish landing sited, fish ports, ice plants and cold storage and other fish processing establishments to serve primarily the needs of the municipal fishers.
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SECTION 40: Municipal Fish Port Construction and Development.
Municipal fish port development should be sited and designated in a manner that will minimize changes to existing water and sediment quality parameters such as salinity and temperature, dissolved oxygen, nitrogen, and sediment concentration; organic constituents and transparency of waters: Provided, that municipal fish ports and harbors should be placed in areas with the highest available flushing rate, and access channels should be designated to minimize adverse water circulation changes and creation of stagnant water column; Provided, however, that municipal fish ports and harbors should incorporate facilities which allow for effective waste disposal and erosion.
SECTION 41: Exportation and Importation of Fish and Fishery Products
Export of fish and fishery products shall be regulated whenever such exportation affects the food security and production; Provided, that exportation of live fish shall be prohibited, except those which are hatched or propagated in accredited hatcheries and ponds: Provided, however, that, to protect and maintain the local biodiversity or ensure the sufficiency supply, spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be detemined by the Department, shall not be exported or caused to be exported by any person; Provided, further, that no person shall import fish and fish products of whatever size, stage or form, for any purpose without securing the necessary permit.
SECTIOIN 42: Auxiliary Invoice.-
All fish and fishery products, except those caught in violation of the provisions of this Code or are declared as health hazards by concerned institutions, must have an auxiliary invoice to be issued by the municipal CRM office of municipal agriculture office prior to their transport form the point of origin to their point of destination in the Philippines and/or export purposes upon payment of the prescribed fees to defray administrative costs thereof.
SECTION 43: Support to Municipal Fishers.-
The municipal government, in coordination with other agencies and institutions concerned, shall provide support to municipal fishers and their organizations through appropriate technology and research, credit, production and marketing assistance and other services such as, but not limited to, training for additional or supplementary livelihood.
Article VII
Creation CRM Section under the Municipal Agriculturist’s Office
SECTION 44: Creation of CRM Section under the Municipal Agriculturist’s Office
There is hereby a CRM Section under the Municipal Agriculturist’s Office, solely for the purpose of attending to the needs on coastal resource management of the municipality. The CRM Section shall be headed by the Municipal Agriculturist’s to be assisted by the CRM Officer.
SECTION 45: Functions, Duties and Powers of the CRM Section.-
The CRM Section shall have the following functions, duties and responsibilities:
1. Formulate measures for the approval of the municipal mayor and the Sangguniang Bayan, as the case may be, in carrying out measures to ensure the delivery of basic services and provide adequate facilities relative to environment and natural resources, particularly on coastal resources management and fisheries services.
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2. Develop plans and strategies upon the approval thereof by the Municipal Mayor and the Sangguniang Bayan, as the case may be, and implement the same, particularly those which have to do with coastal resources management and fisheries programs and project which the municipal mayor is empowered to implement and which the sangguniang bayan is empowered to provide.
3. Ensure the maximum assistance and access to resources in the sustainable management and use of the environment and natural resources, particularly on coastal and fishery resources;
4. Enforce rules and regulations relating to environment and natural resources, particularly on coastal resources and fisheries management.
5. Coordinate with government agencies and non-governmental organizations which promote sustainable management of the environment and natural resources, particularly on coastal and fishery resources.
6. Be in frontline of the delivery of basic services, particularly those needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters and calamities.
7. Recommend to the Sangguniang Bayan and advise the Municipal Mayor,. As the case may be, on all other matters related to environment and natural resources, particularly on coastal and fisheries resources, which will improve the livelihood and living on coastal and fisheries, which will improve the livelihood and living conditions of the inhabitants.
8. Facilitate in the processing of permits and licenses related to coastal and fishery activities.
9. Keep a record of all fisherfolk, organizations and other coastal and fishery information
10. Exercise such other powers and perform such other duties and functions as may be prescribed by law and ordinance.
SECTION 46: Qualifications of the CRM Officer.-
No person shall be appointed as CRM officer unless he/she is a citizen of the Philippines, a residents of the municipality, of good moral character, a holder of a college degree preferably in environment, fishery, forestry, agriculture or any related course from a recognized college or university, and possesses a first grade civil service eligibility or its equivalent. He/she must have acquired experience in coastal resource management for at least two (2) years. The CRM officer shall receive a salary equivalent to such salary grade as may be determined by the Civil Service Commission.
Article VIII
Fisheries and Aquatic Management Council ( FARMC )
SECTION 47: Creation of Municipal FARMC.-
Pursuant to Section 69 of the Philippines Fisheries Code of 1998 and in consonance with Section 89 of Municipal Ordinance No. 98-03-145, otherwise known as the Local Environment Code of, Bohol and in conformity with the pertinent, provisions of Executive Order No. 240, a municipal FARMC is hereby established in this municipality. The municipal government shall provide assistance to the municipal FARMC.
SECTION 48: Composition of Municipal FARMC.-
The regular members of the Municipal FARMC shall be composed of the following:
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a.) Municipal Planning and Development Officer;
b.) Chairperson of the Sangguniang Bayan Committee on Agriculture/Fisheries;
c.) Representative of the Municipal Development Council;
d.) Municipal Environment and Natural Resources Management Officer;
e.) Representative from the accredited non-governmental organization;
f.) Representative from the private sector;
g.) Representative from the Department of Agriculture; and
h.) At least eleven (11) fisher representatives seven (7) municipal fishers, one (1) fishworker and three (3) commercial fishers in the municipality which include representatives from youth and women sector.
The FARMC shall adopt rules and regulations necessary to govern its proceedings and
election.
SECTION 49: Powers and Functions of the Municipal FARMC.-
The municipal shall have the following powers and functions:
1. To assist the municipal government in the implementation of programs and projects on coastal and fishery resources management.
2. To assist the municipal government in the monitoring and evaluation of coastal and fishery resources management programs;
3. To advise the municipal government in the arbitration of disputes over fishery rights and sharing contracts;
4. To assist the municipal government in the conduct of public hearings and community consultations, in aid formulation of plans, policies and proposed ordinances and regulations;
5. To coordinate with law enforcement agencies in the enforcement of fishery and environment laws, ordinances, rules and regulations;
6. To assist the municipal government in the promotion of comprehensive rehabilitation and conservation of municipal fishing grounds and coastal and fishery resources;
7. To assist the municipal government in the promotion of ancillary economic activities, including cooperative marketing and socio-economic services;
8. To maintain an updated registry of municipal fishers; and
9. To perform such other functions the Municipal Mayor, the Municipal Development Council and the Sangguniang Bayan may delegate, as provided by ordinance or resolution.
Article IX
Prohibited Activities and Penalties
SECTION 50: Compliance with National Laws.-
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All relevant national laws, orders, rules and regulations shall be implemented in this municipality.
SECTION 51: Other Prohibitions.-
It shall be unlawful for any person, entities, organization or corporations to engage in the following activities related to fishing.
1. Use of Compressor in fishing.
2. Use of Sudsod in fishing
3. Construct and Operate Fish Pen
4. Use of Liba-liba, palakaya in fishing, regardless of mesh size.
5. Use of Baling with scaring device
6. Use of poisonous substances such as, but not limited to, cyanide or kuskos, lagtang and pesticides to stun . collect fish.
7. Use of fine mesh nets, tri-ply, double net with bamboo poles for scaring device and other fishing gears, unless for the capture of anchovy/bolinaw etc and license has been secured from the LGU.
8. Use of electric rod to electricify fish.
9. Use of lanpornas, as fishing method similar, to liba-liba, but operated in shallow waters.
10. Commercial fishing and electric shiners operations within Municipal waters.
11. Use of baby trawl (palakaya)
12. Use of De-Ziper or other fishing gear with scaring devices
13. Use of Dynamite / blasting in fishing,
14. Collection of endangered species such as Manta Ray / Sangga / Dolphins / Whales/ Turtles, sea cucumber, dunsol and endangered shell species.
15. Collection of live fish for aquarium purposes.
Provided, that violators shall be punished with a fine of Two Thousand Five Hundred Pesos (Php 2,500.00) or an imprisonment of six (6) months, or both fine and imprisonment at the discretion of the court. Second time offenders will also have their fish confiscated for use by the LGU for patrolling.
Article X
General Provisions
SECTION 52: Person and Deputies Authorized to Enforce this Ordinance.-
The municipal mayor, municipal agriculturist, CRM officer, municipal planning and development coordinator, municipal treasurer, municipal local government operations officer, Philippine National police, Municipal FARMC, barangay officials, deputized members of the Coastal Law Enforcement Council for the district and municipal deputized fish wardens shall take the lead in the implementation and enforcement of this Code. Fines from illegal fishing will all go into the Municipal CRM fund and an incentive of 50% of all fines will be shared equitably among all of the fish wardens involved in the arrest of the illegal fishers in the municipality.
SECTION 53: Mandatory Review.-
The Sangguniang Bayan shall undertake the mandatory review of this Code at least once every three (3) years and as often as it may deem necessary, to ensure that coastal and fisheries policies and guidelines remain responsive to the changing circumstances.
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Article XI
Final Provisions
SECTION 54: Appropriation.-
The sum of not less than P 200,000.00 shall be appropriated annually either under the General Fund or the 20% Development Fund for the implementation of this Code.
The sum necessary to effectively carry out the provisions of this Code during the first year of its implementation shall be allocated from the budgets of the 20% development fund and municipal agricultural office. The budget for subsequent years shall be provided which shall not be less than the amount of the preceding year’s appropriation.
SECTION 55: General Penal Provisions.-
Any person who violates any provision of this Code not herein otherwise covered by a specific penalty, or of the rules and regulations promulgated under authority of this Code, shall be punished by a fine of not less than One Thousand Pesos (Php 1,000.00) nor more than Two Thousand Five Hundred Pesos (Php 2,500.00), or imprisonment of not less than One (1) month nor more than six (6) months, or both fine and imprisonment, at the discretion of the Court.
SECTION 56: Repealing Clause.-
All ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this Code are hereby repealed and/or modified accordingly.
SECTION 57: Separability Clause.-
If, for any reason, any part of provision of this Code shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect.
SECTION 58: Effectivity Clause.-
This Code shall take effect ten (10) days after a copy thereof is posted on a board at the entrance and in at least two (2) other conspicuous places of the municipal building and the ordinance has been published for three consecutive issues in a newspaper of local circulation in the municipality in compliance with the mandate of the pertinent provision of R.A. No. 7160, otherwise known as the Local Government Code of 1991.
SO ORDAINED.
Certified Correct:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ATTESTED:
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
APPROVED:
ENGR. GABINO C. REDULLA
Municipal Mayor
Date signed: February 21, 2005