republic of the philippines province of ilocos sur city of
TRANSCRIPT
1
Republic of the Philippines
Province of Ilocos Sur
CITY OF VIGAN
OFFICE OF THE SANGGUNIANG PANLUNGSOD
THIRD CITY COUNCIL
ORDINANCE NO. 04
Series 2009
AN ORDINANCE ENACTING THE ENVIRONMENT CODE OF THE CITY OF VIGAN
CHAPTER I
GENERAL PROVISIONS
SECTION 1. TITLE - This ordinance shall be known as the Environmental Code of the City of
Vigan.
SECTION 2. RATIONALE. The City of Vigan, like many cities in the Philippines and around
the world, is facing significant environmental challenges. These challenges include among
others, poor air quality, deteriorating soil and water quality, rapidly declining agricultural and
fishery resources, and questions about the long term sustainability of land and water resources.
The Comprehensive Environment Plan (CEP) and this Code are Vigan’s commitment to take the
remaining steps needed to make the city clean and green. The ultimate goal of the CEP and this
Code is to put the City on a path towards long term environmental sustainability.
This code is enacted pursuant to the provisions of 1987 Philippine Constitution, particularly
Article II – Section 16, which mandates the state to protect and advance the right of the people to
a balanced and healthful ecology in accordance with the rhythm and harmony of nature;
Republic Act No. 7160, also known as the Local Government Code of 1991, particularly
Sections 2(a), 2(c), 3(d), 3(e), 3(f) up to 3(m), 5(a), 16, 17, 26, and 27, 33, 34, 35, 36, 129, 186,
289, thereof; including Sections 389(b) (9), 444 (b) (3) (vii), 455 (b) (3) (v), and 465 ( b) (3) (v),
which mandates the Municipal Mayor, City Mayor, and Provincial Governor, respectively, to
adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other
resources as well as Section 447 (a) (1) (vi), Section 458 (1) (vi), and Section 468 ( a) (1) (vi),
which provide for the authorities of the Sangguniang Bayan, Sangguniang Panlungsod, and
Sangguniang Panlalawigan, respectively, to protect the environment and impose appropriate
penalties for acts which endanger the environment such as dynamite fishing and other forms of
destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources,
products and endangered species of flora and fauna, slash and burn farming, and such other
activities which result in pollution, acceleration of euthrophication of rivers and lakes, or of
ecological balance, and to institute sustainable development and management of the environment
and natural resources; the 1987 Philippine Constitution, Article I – National Territory, Article II
Section 15, right to health of the people, Section 16, right to a balanced and healthful ecology,
Sections 13, 14, 18, 22 and 23, Rights of various sectors: youth, women, labor, indigenous
communities, NGOs and POs/associations to participate in nation building, Article XII –
National Economy and Patrimony Sections 2-5, Article XIII Land Reform and Natural
Resources Section 6 & 7; Presidential Decree 1151 & 1152 – Philippine Environmental Policy &
Philippine Environment Code of 1977 respectively to promote specific environmental policies
and programs on environmental protection and management, and prescribing environmental
quality standards.
2
This code is enacted pursuant to the “earth summit” Forum from which Philippine Agenda 21
emanates where the rights of human being, the center of concerns for sustainable to a “healthy
and productive life in harmony with nature.”
SECTION 3. POLICY - It is hereby declared as a continuing policy of the state:
(a) To protect and advance the right of the people with the balance and helpful ecology in accord with the rhythm and harmony of nature;
(b) To create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other;
(c) To fulfill the social, economic and other requirements of present and future generations and;
(d) To ensure the promotion of health and protection of life and environment. (e) To recognize the adopting of generally accepted principle of international law as part of
the law of the land and adheres to the policy of cooperation and amity with all nations.
SECTION 4. MANDATE - The City Government is committed to a clean and green city
where cultural heritage is preserved. The City recognizes that the foundation of sound
environmental programs is a well informed and involved citizens in decisions affecting the
environment. Environmental laws and the provisions of this code shall be fully, strictly and fairly
enforced.
In pursuing this mandate, it shall be the responsibility of the City Government, in
cooperation with concerned government agencies and civil societies and other entities, to use all
practicable means, consistent with other essential considerations of national policy, in promoting
the general welfare to the end that the City may:
(a) Recognize, discharge and fulfill the responsibilities of each generation as trustee and
guardian of the environment for succeeding generations;
(b) Assure the people of a safe, decent, healthful, productive and aesthetic environment;
(c) Foster the widest utilization of the environment without degrading human life, health
and safety nor creating conditions adverse to agriculture, commerce, industry ,and local
culture;
(d) Preserve important historic and cultural aspects of the City’s heritage;
(e) Attain a rational and orderly balance between population and resource use;
(f) Sustain the utilization of renewable and non-renewable natural resources, and;
(g) Encourage the people to contribute in the preservation and enhancement of the
environment.
SECTION 5. GOVERNING LAWS. : The pertinent provisions of this Code shall be governed
by, but not limited to, the following laws:
1. 1987 Philippine Constitution; 2. United Nations Convention on International Trade in Endangered Species of Wild
fauna and flora;
3. United Nations Kyoto Protocol to the UN Framework Convention on Climate Change;
4. United Nations Law of the Seas; 5. Republic Act 7160, Local Government Code of 1991; 6. Presidential Decree No. 1152, Philippine Environment Code; 7. Republic Act 7586, National Integrated Protection Areas System Act of 1992; 8. Republic Act 9003, Ecological Solid Waste Management Act with IRR
9. Republic Act 8749, Philippine Clean Air Act with IRR 10. Republic 8435, Agriculture and Fisheries Modernization Act of 1997 11. Republic Act 8550, Philippine Fisheries Code of 1998 12. Republic Act 7942, Philippine Mining Act of 1995 with IRR 13. Republic Act 7076, Small-Scale Mining Law of 1991 14. Republic Act 6969, Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990
3
15. Republic Act 9275, An Act Providing for a Comprehensive Water Quality
Management and other Purposes
16. Republic Act 9147, Wildlife Resources Conservation and Protection Act
17. Republic Act 3571, An Act to prohibit the cutting, destroying or injuring of planted or growing trees, allowing plants and shrubs or plants of scenic value along public
roads, in plazas, parks, school premises or in any other public ground;
18. Republic Act 9513, Renewable Energy Act of 2008 19. Presidential Decree No. 856, Code of Sanitation of the Philippines 20. Presidential Decree 1067, Water Code of the Philippines as Amended;
21. Presidential Decree No. 705, as amended (Revised Forestry Code of the Philippines)
22. Presidential Executive Order No. 263 (Community Based Forest Management
Strategy)
23. Presidential Decree No. 1586, establishing an Environmental Impact Statement
System Including Other Environmental Management Related Measures and for Other
Purposes
24. Presidential Decree 979, Providing for the revision of Presidential Decree no. 600 governing marine pollution
25. Presidential Decree 984, National Pollution Control Decree of 1976 26. Presidential Decree 1198, Requiring all individuals, partnerships, corporations
engaged in exploration development and exploitation of Natural Resources or in the
Construction of infrastructure projects to restore or rehabilitate areas subject thereof
or affected thereby to its original condition.
27. DENR Administrative Order No. 30, Series of 1992 entitled “Guidelines for the
Transfer and Implementation of DENR Functions Devolved to the Local Government
Units”
28. Executive Order 247, Series of 1995 entitled “ Prescribing Guidelines and
establishing a regulatory framework for the prospecting of biological and genetic
resources, their by – products and derivatives for scientific and commercial purposes,
and for other purposes”
29. Executive Order 446, Series of 1997, Mandating the Phase-out of leaded gasoline as
one of the means of solving air pollution.
30. Provincial Ordinance No. 1, Series of 2004, Environment Code of Ilocos Sur 31. Other applicable laws and DENR administrative orders consistent with the purposes
and intent of this code.
SECTION 6. RESOURCE MANAGEMENT FRAMEWORK. The City Government of
Vigan shall adopt a Resource Management Framework in accordance with applicable national,
regional, provincial and city development plans for the effective implementation of this code.
SECTION 7. RULES OF CONSTRUCTION. - In construing the provisions of this Code, the
following rules of construction shall be observed unless otherwise inconsistent with the manifest
intent of the provisions or when applied they would lead to absurd or highly improbable results.
a. General Rule. All words and phrases shall be construed and understood according to
the common and approved usage of the language; but technical words and phrases and
such other words in this Code which may have acquired a peculiar or appropriate
meaning shall be construed and understood according to such technical, peculiar or
appropriate meaning.
It is hereby ordained that should there be ambiguity of words, phrases, sections, articles
and/or chapters herein, the same shall be construed in favor of the environmental
protection and concern.
4
b. References. All references to the “Chapters”, “Articles” or “Sections” are to chapters,
articles or sections in this Code unless otherwise specified.
SECTION 8. DEFINITION OF TERMS - As used in this Code, the following words and
phrases shall be defined as follows:
a. Advertisement - any public announcement or notice of a business, product,
profession or activity.
b. Aramang - small, pinkish shrimp found seasonally in salty waters belonging to Acetes
species.
c. Agricultural waste - refer to waste generated from planting or harvesting of crops,
trimming or pruning of plants, animal manure and waste or run-off materials from farm
or fields.
d. Animated Sign - any sign that uses movement or change of lighting to depict action or
create a special effect or scene.
e. Artificial Reefs - refer to all forms of substitute sanctuary for marine products in the
sea waters of Vigan made by marginal fishermen, cooperatives, civic groups or
government agencies such as but not limited to tire reefs, “payaos”, floaters and the like.
f. Banner - any sign of lightweight fabric or similar material that is securely mounted to a
pole or a building. National flags, local flags, or the official flag of any institution or business shall not be considered banners.
g. Banner (Commercial) - any banner on which appears any commercial message.
h. Banner (Noncommercial) - any banner containing no commercial message.
i. Bannasi - is an indigenous trap and it is shaped “W” with the arms curled inwards. A
later version of the fish trap uses screen wire as materials.
j. Beacon - any light with one or more beams directed into the atmosphere or directed at
one or more points not on the same zone lot as the light source; it also includes any light with one or more beams that rotate or move.
k. Billboard - a flat surface or board usually located outdoors on building walls or
independently erected by wood or steel structure, on which advertisements or announcements are posted.
l. Bio-degradable/compostable - refer to any solid waste that is recognizable as part/s of plants or animals that can undergo composting process, including, but not limited to:
(i) Food waste/kitchen waste, peelings, leftovers, vegetable trim, fish/fowl/meat/animal entrails/innards cleanings, soft shells, seeds, etc. (ii) Agricultural/garden waste, leaves, weeds, flowers, twigs, branches, stems, roots, inedible seeds/fruits etc.
(iii) animal waste, manure, carcasses etc.
m. Biological Diversity - means the variability among living organisms from all sources
including terrestrial, marine, and other aquatic ecosystem and the ecological complexes
of which they are part, this includes diversity within species between species and
ecosystems (n)
5
n. Buffer Zone - refers to an area delineated by law to provide the authenticity of setting
and protection of the core zone as defined above. It includes the Govantes River in the north,
the wooded area across the Mestizo River on the east, the area between Abaya Street and
Diego Silang Street on the south; includes the Vigan Central School but excludes the New
Public Market; includes the Vigan Cemetery and some traditional timber houses on both
sides of the southern end of Quezon Avenue; excludes the heavily rebuilt Mabini and
Bonifacio Streets, the area on both sides of West Bonifacio Street; the area on both sides of
P. Gomez Street until Burgos Street; both sides of J.P. Rizal Street and ends at the north bank
of the Govantes River.
o. Building Marker - any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
p. Building Sign - any sign attached to any part of a building, as contrasted to a freestanding sign.
q. Bukatot -it is a passive net with “V” shaped arms that serve as leaders and a purse that
serve as a catchment for aquatic resources.
r. Cadastral Survey - refers to all surveys made of extensive areas consisting of several lots
for cadastral registration proceedings, agricultural development, or for any purpose pursuant
to the provisions of pertinent land laws.
s. Canopy Sign - any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
t. Changeable Copy Sign - a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.
u. Carbureted Two-Stroke Engines- a kind of engine that burns a combination of oil and
fuel, and which produces more toxic fumes and irritant in the air thereby causing more
pollution in comparison to a Four-Stroke Engine.
v. Carbureted Four-Stroke Engine- a kind of engine that separates oil and fuel, and which
emits less toxic fumes and irritants in comparison to Carbureted Two-Stroke Engine.
w. Cease and Desist Order - refers to an Order issued by the Pollution Adjudication Board
requiring respondents to refrain from further operating their establishment, machines,
equipment or other facilities generating or causing pollution.
x. City Fishing Vessel - refers to fishing vessel using three (3) gross tons or less.
y. City Waters - include not only streams, lakes and tidal waters situated within the
territorial limits of the City, not being the subject of private ownership and not comprised
within national parks, public forests, timber lands, forest reserves or fishery reserves, but also
marine waters included between two lines drawn perpendicular to the general coastline from
points where the boundary lines of the City touch the sea at low tide and a third line parallel
with the general coastline and fifteen (15) kilometers of marine waters between them, the
third line shall be equally distant from opposite shores of the respective municipalities,
pursuant to Section 131(r) of the Local Government Code of 1991.
6
z. Coastal Area/Zone – is a band of dry land and adjacent ocean space (water and
submerged land) in which terrestrial processes and uses directly affect 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, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit
of 200 meters isobath to include coral reefs, seagrass beds ad other soft bottom areas. (n)
aa. Collection - shall refer to the act of removing solid waste from the source or from
communal storage point.
bb. Collection Schedule - refer to the designated time and day of garbage collection in a
route.
cc. Collection equipment - refer to the vehicle used in the gathering of stored solid waste set
out for collection.
dd. Commercial Fishing - fishing beyond the City Waters with a radius of fifteen kilometers
(15 kms.) from the shoreline with the use of fishing boat more than three (3) gross tons.
ee. Commercial Hog Raising - the raising of swine or sow exceeding thirty (30) heads for
breeding or fattening purposes.
ff. Commercial Message - any sign wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
gg. Commercial Poultry Raising - the raising of broiler or layer chicken exceeding One
Thousand (1,000) heads for egg or meat production.
hh. Communal Forest - refers to a tract of forest land set aside by the Secretary of the
DENR for the use of the residents of a municipality from which said residents may cut,
collect and remove forest products for their personal use in accordance with existing laws
and regulations
ii. Community Environment and Natural Resources Office (CENRO) - refers to the
DENR office headed by a Community Environment and Natural Resources Officer which is
responsible for the implementation of DENR policies, regulations, programs, projects and
activities in the community level.
jj. Community-Based Forestry Project - refers to DENR developmental projects involving
local communities which include the Integrated Social Forestry Project, family and
community contract reforestation, Forest Land Management Agreement (FLMA),
Community Forest Program and other similar projects.
kk. Contract Reforestation - the implementation of reforestation activities, including
establishment, maintenance and protection of forest plantations and nursery preparations,
through written agreements with the private sector such as families, communities and
corporations and/or with the public sector like local government units (LGUs) and other
government agencies (OGAs). It shall also include contracts for surveying, mapping and
planning, comprehensive site development and monitoring and evaluation and other activities
involved in or related reforestation.
ll. Composting - refer to the controlled decomposition of organic matters or bio-degradable
solid wastes by micro-organism, mainly bacteria, fungi and activators, into a humus-like
product.
7
mm. Core Zone - shall refer to the L-shape configuration encompassing the two (2) plazas,
Burgos and Salcedo and the formal buildings around on the north and north-west end; the
entire Mestizo district centered on four (4) main streets: Gov. A. Reyes Street, Plaridel Street,
Crisologo Street and V. delos Reyes Street bounded by Diego Silang Street on the southern
end.
nn. Cutting of Trees- the permanent removal and extinction of trees already planted or
growing, including the centuries-old trees that are treasured legacies of ancestors which are
part and parcel of Vigan’s rich heritage.
oo. Damaging a Tree- any act of cruelty of a person or persons that will cause harm and
injury to a tree without justifiable cause or logical reason.
pp. Deconcentration - refers to increased and further delegation of functions responsibilities
and authority and field offices. This also involves the deployment of personnel from the
central office and bureaus to the field offices in order to perform the increased functions and
responsibilities.
qq. Deep Well – an underground source of water from beneath shallow impermeable strata.
rr. Destruction of a Tree - an act of a person or persons in destroying a tree without
justifiable reason and due regard for its importance in environmental protection.
ss. Devolution - refers to the act by which the national government confers and transfers
powers and authority, performed by its agencies, together with the corresponding personnel,
equipment, assets, liabilities, records and other appurtenances, to the various LGUs to
perform specific functions and responsibilities.
tt. Direct Injection Retrofit Technology – a technological alteration to an existing
Carbureted Two-Stroke Engine which replaces the carburetor with an in-cylinder fuel
injector, providing for significant reductions in tailpipe smoke and harmful emissions, as well
as increased fuel economy, as compared to carbureted engines.
uu. Disposal - refer to the discharge, deposit, dumping, spilling, leaking or placing of any
wastes into or in any land and water.
vv. Ecotourism refers to a nature-based activity managed by the local community with
government support whose primary goals are conservation and enhancement of natural
resources while providing economic benefits to the local community
ww. Election Propaganda - shall include pamphlets, leaflets, cards, decals, stickers or other
handwritten or printed materials, cloth, paper or cardboard posters, whether framed or posted,
urging voters to vote for or against any particular candidate or political party.
xx. Emission – refers to the act of passing into the atmosphere an air contaminant, pollutant,
gas stream and unwanted sound from a known source
yy. Environment – refers to the quantity, quality and sustainability of renewable and non-
renewable natural resources, including the ambient environment such as the atmosphere,
climate, sound and odors that are critical determinants of the quality of life. In a broad sense,
it shall include the total environment of man such as economic, social, cultural, political and
historical factors.
zz. Environment and Natural Resources Officer (ENRO) - refers to the LGU official who
may be appointed by the concerned Local Chief Executive and who shall be directly
responsible for the planning and implementation of the devolved DENR functions to the
8
LGUs, pursuant to Section 484 of the Local Government Code of 1991. It shall refer to the
Vigan City ENR Officer of this Code.
aaa. Environmental Compliance Certificate (ECC) - refers to the
license/permit/authorization which DENR issued in favor of proponents, projects of which
have been reviewed, evaluated and finally approved by DENR pursuant to PD 1586 as well
as Proclamation No. 2146 otherwise known as Environmental Impact Assessment System.
bbb. Environmentally Critical Areas (ECA) – refer to those socially, ecologically and
geologically sensitive areas declared by law or valid proclamation as:
(i) Areas of natural parks, watershed reserves, wildlife preserves and sanctuaries;
(ii) Areas set aside as scenic/aesthetic and potential tourist spots;
(iii) Areas which are the habitat of endangered species;
(iv) Areas possessing unique historic, archaeological or scientific interests;
(v) Areas traditionally occupied by indigenous communities in relation with R.A.
8371;
(vi) Areas with critical slopes;
(vii) Areas frequently visited by natural calamities;
(viii) Prime agricultural lands;
(ix) Recharge areas of acquifers
(x) Water bodies;
(xi) Mangrove areas;
(xii) Coral reefs;
(xiii) Mossy and virgin forests;
(xiv) River banks and;
(xv) Swamplands and marshlands
ccc. Environmentally Critical Projects (ECP) – these include heavy industries, resource
extractive industries, fishery projects, major dams, power plants, roads and bridges.
I. Heavy Industries
a. Non-Ferrous metal Industries b. Iron and Steel Mills c. Petroleum and Petro-chemical industries including oil and gas d. Smelting plants
II. Resource Extractive Industries
a. Major Mining and Quarrying Projects b. Forestry Projects (Logging, Major Wood Processing projects, introduction
of fauna (exotic animals in public/private forests, forest occupancy,
extraction of mangrove products, grazing)
c. Fishery projects (Dikes for fishpond development project) III. Infrastructure Projects
a. Major dams b. Major power plants c. Major reclamation projects d. Major roads and bridges
IV. Golf Course Projects
ddd. Environmental Impact Assessment (EIA) – the process of predicting the likely
environmental consequences of implementing projects or undertakings and designing
appropriate preventive, mitigating and enhancement measures.
eee. Environmental Impact Statement (EIS) – the document(s) of studies on
environmental impacts of a project including the discussion on direct and indirect
consequences upon human welfare and ecological and environmental integrity. The EIS may
vary from project to project but shall contain in every case all relevant information and
9
detailed about the proposed project or undertaking and including environmental impacts of
the project and the appropriate mitigating and enhancement mechanism.
fff. Establishments - refer to any structure or building used principally in conducting
ones trade, business, or profession.
ggg. Fishing Boat - includes all kinds of boat such as but not limited to bancas, sailboats,
motorized bancas, or any other type of watercraft, whether licensed or not, used for fishing
purposes.
hhh. Fishing with the use of fine meshed nets - means fishing with the use of nets whose
mesh size is less than three (3) centimeters when stretched between two opposite knots.
iii. Fishery - is the business of catching, taking, handling, marketing and preserving fish or
other fishery/aquatic products, the fishing grounds and the right to fish or take such product
therefrom.
jjj. Fish and Fishery Aquatic Products - fish includes all fishes and other aquatic animals
such as crustaceans (crabs prawns, shrimp and lobsters), mollusk (clam, mussels, scallops)
oysters, snails and other shell fishes.
kkk. Fish Coral or “Baklad” – a stationary wire or traps devised to intercept and capture
fish, consisting of rows or stakes bamboo mating or wire/netting with one or more enclosures
usually with easy entrance but difficult exit, and with or without leaders to direct the fish to
the catching chambers or purse.
lll. Fish Pen - fish enclosure made up of closely woven bamboo screens, nylon screens, or
other materials attached to poles staked to the water area for the purpose of growing and/or
culturing fish to various sizes.
mmm. Fish Cage - a stationary or floating fish enclosure made of synthetic net,
wire/bamboo screens or other materials set in the form of an inverted mosquito net (“hapa”
type) with or without cover with all sides either tied to post stalked to the water bottom or
with anchored floats aquaculture purposes.
nnn. Fisherfolks - people directly or personally and physically engage in taking and/or
culturing or processing fishery and/or aquatic products.
ooo. Fishpond - a land base facility enclosed with earthen stone materials to impound water
for growing fish.
ppp. Flag - any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
qqq. Foreign-Assisted Projects - refers to DENR projects which are wholly and/or partially
funded by foreign sources.
rrr. Freestanding Sign - any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure.
sss. Green Sea Turtle – a sea turtle common in tropical or subtropical seas.
ttt. Ground Water – a subsurface water that occurs beneath a water table insoils and rocks
or in geological formations. (n)
uuu. Hazardous waste - shall refer to solid waste or combination of solid waste which
because of its quantity, concentration, or physical, chemical or infectious characteristics may:
cause, or significantly contribute to an increase in mortality or an increase in serious
10
irreversible, or incapacitating reversible, illness; or pose a substantial presence of potential
hazard to human health or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.
vvv. Homeowner- refers to the owner, lessee, or any person who holds any title or interest in
a house or similar structure.
www. Initial Environmental Examination (IEE) - refers to the document required of
proponents describing the environmental impact of and mitigation and enhancement
measures for projects or undertakings located in an Environmentally critical area, including
areas outside the coverage of the Philippine Environmental Impact Assessment System.
xxx. Incidental Sign - a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking "entrance", "loading only", "telephone", and other similar directives.
yyy. Ipon - newly zygote fish, scientifically known as Sycyopterus Lachrymosus.
zzz. Irrigation Well – a well that utilizes water for growing agricultural crops.
aaaa. Leachate - refer to the liquid produced when waste undergo decomposition that can
contaminate the water supply or source.
bbbb. Litter materials – include, but not limited to cigarette butts, cigarette packs,
candy/food wrappers, carton/paper/plastic bags, masticated chewing gum, fruit seeds and
remains, among others.
cccc. Local Water Utility Suppliers - any district, city, municipality, province, investor-
owned public utility or cooperative corporation which owns or operates a water system
serving an urban center in the Philippines, except that said term shall not included the
Metropolitan Waterworks and Sewerage System (MWSS) or any system operated by the
Bureau of Public Work as successor to the Wells and Springs Department of the National
Waterworks and Sewerage Authority.
dddd. Lot Survey - refer to the survey of specific lots particularly private lands.
eeee. Lumberyard - refer to an area or space principally for the storage of lumber and other
construction materials, whether open space or inside a building for “bodega” or warehouse
type of storage, for purposes of the owner to sell or offer to sell the same, or for using the
same in a construction business.
ffff. Mangroves - a community of intertidal plants including all species of trees, shrubs,
vines or herbs found on coast swamps or border of swamps (i.e. “bakawan”, “kandaruma”).
gggg. Marginal Fishermen - refers to persons engaged in subsistence fishing which shall be
limited to the sale, barter or exchange of marine products caught by themselves and/or
members of their immediate family, and whose annual net income from such fishing does
not exceed Fifty Thousand Pesos (P50,000.00) or the poverty line established by NEDA for
the particular region or locality, whichever is higher.
hhhh. Marquee - any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
iiii. Marquee Sign - any sign attached to, in any manner, or made a part of a marquee.
jjjj. Minerals - refers to all naturally occurring inorganic substance in solid, gas, liquid, or
any intermediate state excluding energy materials such as coal, petroleum, natural gas,
11
radioactive materials, and geothermal energy.
kkkk. Mineral Land – refers to any area where mineral resources are found;
llll.. Mining Areas- refers to a portion of the contract area identified by the contractor for
the purpose of development, mining, utilization, and sites for support facilities or in the
immediate vicinity of the mining operations.
mmmm. Mining Operation – refers to mining activities involving exploration, feasibility,
development, utilization, and processing.
nnnn. Mineral Resource – refers to any concentration of minerals/rocks with potential
economic value.
oooo. Modified 3-Compartment Septic Tank - this is a proposed model type of septic tank
in which the usual second compartment called the leaching chamber is further subdivided
into two (2) compartments in order that the percolating liquid (as water) will be free from
unhygienic odor and undissolved solid wastes; thus yielding a more efficient and hygienic
system of waste disposal.
pppp. Monument Sign - a freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.
qqqq. National Integrated Protected Areas System (NIPAS)- is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible as provided in RA 7586, otherwise known as the NIPAS Act of 1992.
rrrr. Non-biodegradable/Recyclables - refer to any solid waste materials retrieved from the
waste stream and free from contamination that can still be converted into suitable beneficial
use or for other purposes, including, but not limited to:
(a) Metals, tin cans, aluminum, iron, lead, copper, silver, etc.;
(b) Glasses, bottles, cullets (broken glass), sheets (shards), mirrors, bulbs, etc. ;
(c) Plastics, polyethylene (bags), polypropylene (straws), jute sacks/containers,
polyurethane (foam mattress), polystyrene (Styrofoam), polyvinyl (pipes, tubes,
linoleum), polyacetate (fibers, rayon cloth);
(d) Rubber (natural and synthetic tires, goods, etc.;
(e) Papers, dry papers card boards, etc.;
(f) Dry processed fibers; cloth, twine etc.;
(g) Dry leathers, skin, feathers, etc..;
(h) Hard shells;
(i) Bones, rocks and ceramics; and other materials as may be determined by the National
Solid Waste Management Commission.
ssss. Nonconforming Sign - any sign that does not conform to the requirements of this code.
tttt. Non-Resident - a person dwelling or having an abode or entity which does business or
maintain an office outside of the city.
uuuu. Open spitting and nose blowing - reckless spitting and nose blowing without proper
usage of any material or hand to cover the mouth or nose posing unsightly and/or unhygienic
effect on the environment.
12
vvvv. “Otoshi-Ami” or “Lambaklad” - is an impounding net in the form of a huge heart-
shaped compound, fixed and held in place. It is maintained in form either by stakes or by a
combination of floats or buoys and weight or anchors.
wwww. Pennant - any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
xxxx. Persons - include not only natural persons but also juridical one such as associations,
partnerships, cooperatives and/or corporations.
yyyy. Portable Sign - a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, but not including trailer signs (as herein defined); signs converted to A- or T-frames; menu or sandwich board signs; spring board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of a business. zzzz. Production Forest – refers to areas with slope form 0-50 percent, developed to supply commercial timber and on-timber products such as bamboo, rattan, horticulture crops, (e.g. fruit.nut trees), mangrove, gums and resins, spices, fiber trees, vines, palms or combination thereof.
aaaaa. Projecting Sign - any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall. bbbbb. Protected Area – refers to identified portions of land and water set aside by law by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation as provided in RA 7586, the National Integrated Protected Area System (NIPAS) Act of 1992. ccccc. Protection Forest – refers to areas regardless of slope which are highly erodible or too rocky for establishment of production forests, developed for the primary objective of establishing vegetative cover to prevent erosion, conserve and produce water and nurture wildlife. ddddd. Public consultation - refers to a process of information dissemination and gathering
of opinions from the public to ensure that their concerns are integrated into the process of
environmental impact assessment.
eeeee. Public official - any person who by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of public functions in
the Government of the Philippines, or shall perform in said government or in any of its
branches public duties as an employee, agent or subordinate official, of any rank or class.
fffff. Public parks/plazas/grounds/roads - all government-owned land within the
jurisdiction of Vigan City, including the Plaza Burgos, Plaza Salcedo, Plaza Encarnacion,
Filipino-Spanish Friendship Park at Mira Hills, Provincial Capitol/Jail/Library, Gabriela
Silang General Hospital, Fr. Burgos House/National Museum, Barangay halls/plazas/multi-
purpose halls (“ermitas”), national/provincial/city/Barangay roads, and other public
properties.
ggggg. Public places - refer to roads, parks, pavements or streets, sidewalks, public
buildings, and other places where the public in general have a right to be.
hhhhh. Public utility vehicle - refer to tricycles, jeepneys, mini buses, buses and other
vehicles offering service to the public with compensation that ply the streets of Vigan City.
iiiii. Quarrying - the process of extracting, removing and disposing quarry resources found
on or underneath the surface of private or public land.
13
jjjjj. Quarry resources - refers to any common rock or other mineral substances as the
Director of Mines and geosciences Bureau may declare to be quarry resources such as, but not
limited to andesite basalt, conglomerate, coral sand, diatomaceous earth, diorite, decoative
stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks,
rhyolite,, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic
glass: Provided , That such quarry resources do not contain metals or metallic constituents
and/or other valuable minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and
pebbles, bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica,
precious and semi-precious stones, and other non-metallic minerals that may later be
discovered and which the Director declares the same to be of economically workable
quantities, shall not be classified under the category of quarry resources.
kkkkk. “Rama” - it is an indigenous fish aggregating device made of locally available
materials like twigs, sticks, boulders and stones where the materials are filed together to
create a haven to fish, crabs and shrimps.
lllll. Recreation Forest – refers to a tract of public forest land, forested or non-forested and
may contain both production and protection forest, developed for the additional or primary
purpose of providing non-destructive recreational pursuits such as but not limited to
camping, bush walking, bird watching, mountaineering and nature observations/studies.
mmmmm. Recycling - refers to the treating of used or waste materials through a process of
making them suitable for beneficial use and for other purposes and includes the process by
which solid waste materials are transformed into new products in such manner that the
original products may lose their identity and which may be used as raw materials for the
production of other goods and services.
nnnnn. Resident - a person dwelling or having an abode or an entity which does business or
maintain an office in the city for a continued length of time.
ooooo. Residential Sign - any sign that contains no commercial message, except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the City’s zoning ordinances.
ppppp. Resource Recovery - refers to the collection, extraction or recovery of recycled
materials from solid waste for the purpose of recycling, generating energy or producing
product suitable for beneficial use.
qqqqq. Re-use - refers to the recovery of materials intended to be used again either for the
same or different purpose without altering their physical and chemical characteristics.
rrrrr. Roof Sign - any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Roof signs as defined under this code are not permitted.
sssss. Roof Sign, Integral - any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.
ttttt. Scavenging - refers to the act of collecting stored waste discharge with the purpose of
getting recyclable materials.
uuuuu. Schools - all educational institutions in Vigan City, such as the Divine Word
College, Ilocos Sur National High School, Nan Chong School, University of Northern
Philippines, Vigan Seminaries, all public elementary schools and day care centers in the
barangays, and all other private schools.
14
vvvvv. Scoping - refers to the stage in the EIA System where information and assessment
requirement are established to provide the proponent with a scope of work for the EIS.
wwwww. Segregation - refers to solid waste management practice of separating different
materials found in solid wastes in order to promote recycling and reuse of resources and to
reduce the volume of waste for collection and disposal.
xxxxx. Segregation at source - refers to a solid waste management practice of separating, at
the point of origin, different materials found in solid waste in order to promote recycling and
reuse of resources and to reduce the volume of waste for collection and disposal.
yyyyy. Sign - any device used for the purpose of advertisement or propaganda, and shall
include signboards, billboards, streamers, posters and other forms or advertisement or
propaganda printed on any material and attached to any post, tree, wall fence, or other
structure along a public street or alley within the City of Vigan;
zzzzz. Small scale fishing - fishing utilizing boats of three (3) gross tons or less, or using
gears not requiring the use of boats.
aaaaaa. Solid Waste - this refers to any formed or shaped substances that are disposed into
the septic tank, catch basin and sewerage system. These solid wastes are in the form of
human excreta, left over foods, and other types of trash which may cause clogging of canals
and the sewerage system as a whole. It also refers to all discarded household, commercial
waste, non-hazardous industrial and institutional waste, street sweepings, construction debris,
agricultural waste and other non-hazardous/non-toxic solid waste which can be divided into
under three (3) categories, namely Biodegradable/compostable, non-
biodegradable/recyclables and special wastes/non-recyclables.
bbbbbb. Solid Waste Management - refers to the discipline with control on generation,
segregation, storage, collection, transfer, processing and disposal of solid waste in a manner
that is in accord with the best principles of public health, economics, engineering,
conservation, aesthetics and other environmental considerations and that is also responsive to
public attitudes.
cccccc. Solid waste generator - refers to a person, natural or juridical, who last uses a
material available for disposal or recycling.
dddddd. Source reduction - refers to the reduction of solid waste before it enters the solid
waste stream by methods such as products design, material substitution, material re-use
packing restriction.
eeeeee. Special waste - refers to solid wastes from residential and commercial sources that
comprise of bulky wastes, including but not limited to consumer electronic goods, batteries,
oil and tires; and household hazardous wastes such as paints, thinners, household batteries,
lead-acid batteries, spray canisters and the like. These wastes are usually handled separately
from other residential and commercial wastes.
ffffff. Springboard Sign - a temporary sign that moves upon springs and which otherwise meets the specifications for a PORTABLE SIGN as defined herein.
gggggg. Store - an establishment with selling as the principal activity and purpose.
hhhhhh. Store space - the inside area of a store where merchandise are displayed and
stocked within the volume of capacity of the available area inside; it excludes the space
outside the store.
iiiiii. Streamer - is defined the same as a pennant for purposes of this code.
15
jjjjjj. Superlight - also called magic light. A type of light using halogen or metal halide
bulbs which may be located above sea surfaced or submerged on the water. It consists of a
ballast/regulator, electric cable and socket. The source of energy comes from a generator,
battery or dynamo coupled with the main engine.
kkkkkk. Surface Water – all water which is open to the atmosphere and subject to surface
runoff.
llllll. Suspended Sign - a sign that is suspended from the underside of a horizontal plane
surface and is supported by such surface
mmmmmm. Temporary Sign - any sign which is not permanently mounted and displayed for a period not to exceed sixty (60) days.
nnnnnn. Town proper of Vigan - the area of the City presently comprising Barangay I to
IX, bounded on the north by the Govantes River, on the East by the Mestizo River, on the
west by the boundaries of Barangay VII and Ayusan Norte and Barangay IV and Ayusan
Norte, and on the south by the creek and boundaries of Barangay IX and Tamag, and
Barangay VIII and barangays Tamag and Paoa.
oooooo. Trailer Sign - any sign designed to be transported by means of wheels, whether or
not the wheels remain attached, located on the ground and permanently attached thereto and
which is usually a two-sided sign and including any single or double surface painted or poster
panel type sign or any variation, thereof.
pppppp.Transfer station - shall refer to those facilities utilized to receive solid waste
temporarily store, separate, convert, or otherwise process the materials in the solid waste, or
to transfer directly from smaller to larger vehicle for transport to its final destination, to
composting plant, material recovery facility or dumpsite/landfill.
qqqqqq. Transient - a person who stays briefly in the City.
rrrrrr. Vigan Heritage Village - the area of the city’s core and buffer zones as described,
delineated and provided with boundaries in the Vigan Master Plan Map Business Center,
Catholic Cemetery, Plaza Maestro, and the ancestral houses and ancestral lands, among
others.
ssssss. Wall Sign - any sign attached parallel to, but within six (6) inches of a wall, painted
on the wall surface of, or erected and confined within the limits of an outside wall of any
building or structure, which is supported by such wall or building, and which displays only
one (1) sign surface.
tttttt. Waste Management – includes both solid and liquid wastes
uuuuuu. Watershed – is a land drained by a stream or fixed body of water and its tributaries
having a common outlet for surface runoff. This include small watersheds with an area of
10,000 hectares and below; medium scale watershed with area of more than 10,000 hectares;
and large scale watersheds with area above 50,000 hectares.
vvvvvv. Waterways - these are man-made or natural structures which convey water wastes,
rain water and flood into the streams tributary into the bigger bodies of water like rivers,
lakes and sea. The man-made structure waterways refer to the canals that are built for the
flow of water wastes.
wwwwww. Water wastes - these refer to the liquid wastes which are the products of
washing or liquid wastes that undergo the process of separation of substances from solid to
liquid as in the process of digestion in the septic tank system.
16
xxxxxx. Wells – any artificial opening or excavation in the ground where groundwater flows.
yyyyyy. Window Sign - any sign, pictures, symbol, or combination, thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that
is placed inside a window or upon the window panes or glass and is visible from the exterior
of the window.
CHAPTER II
ENVIRONMENTAL MANAGEMENT AND ADMINISTRATION
Article A – VIGAN CITY ENVIRONMENT AND NATURAL RESOURCES OFFICE
(VCENRO)
SECTION 9. The Vigan City Environment and Natural Resources Office (VCENRO) shall
oversee the implementation of this code and shall coordinate the implementation of programs
and projects as well as the rules and regulations of environment and natural resource
management of the city under the supervision of the local chief executive.
SECTION 10. DUTIES AND RESPONSIBILITIES OF VCENRO. The VCENRO being the
lead implementing agency shall:
a. Formulate measures for the consideration of the Sangguniang Panlungsod and to provide assistance and support to the city mayor in carrying out measures to ensure
the delivery of basic services and provision of adequate facilities relative to
environment and natural resources services as provided for under Section 17 of the
Local Government Code of 1991;
b. Develop plans and strategies and implement the same, particularly those which have to do with environment and natural resources programs and projects which the city
mayor is empowered to implement and which the Sangguniang Panlungsod is
empowered to provide under the Local Government Code of 1991;
c. Establish, maintain, protect and preserve communal forests, watersheds and other water resources, tree parks, water resources, mangroves, greenbelts, commercial
forests and similar forest projects like industrial tree farms and agro-forestry projects;
d. Provide extension services to beneficiaries of forest development projects and render assistance for natural resources related conservation and utilization activities
consistent with ecological balance;
e. Coordinate with government agencies and non-governmental organizations in the implementation of measures to prevent and control land, air and water pollution with
the assistance of the DENR;
f. Provide assistance to the barangays in the implementation of their respective environmental protection and management programs and projects;
g. It shall be the lead agency in the implementation of the Comprehensive Environmental Plan of Vigan (CEP) which contains programs, strategies, activities,
policy guidelines on the sustainable management of solid waste, agriculture and
fisheries, water resources, pollution control and mitigation and biodiversity;
h. Prepare and produce an annual environment report to the city mayor, city council and environment council;
i. To identify protected areas within the territorial jurisdiction of the City of Vigan in
consonance/relation with the Environmental Critical Areas defined under this code;
j. Supervise the operation of the Material Recovery Facility - Composting Plant of the
city. (MRF Board Ordinance)
Article B- LOCAL SPECIAL BODIES
17
I. Environment and Natural Resources Council of Vigan
SECTION 11. Environmental and Natural Resources Council of Vigan -(Ordinance No. 4,
Series of 1999) - It is hereby recognized that an Environmental and Natural Resources Council
of Vigan which shall be co-terminus with the term of elected officials of the city is created and
shall be composed of the following:
Chairman City Vice Mayor
Vice Chairman Vigan City Environment and Natural Resources Officer
(VCENRO)
Members 1. Chairman, Committee on Environment of the City Council
2. Chairman, Committee on Agriculture of the City Council
3. City Planning and Development Officer
4. Chairman of the City Agriculture and Fisheries Council
5. Director of the Center for Sustainable Development of the
University of Northern Philippines
6. General Education Supervisor of Science of the City Division
Office (Department of Education)
7. Community Environment and Natural Resources Officer of
DENR
SECTION 12.POWERS AND FUNCTIONS – The following are the powers and functions of
the members of the Environment and Natural Resources Council:
a) It shall recommend the establishment, protection and maintenance of tree parks,
green belts, mangroves, similar forest developmental projects and other tourist
attractions;
b) It shall recommend to the Sangguniang Panlungsod to legislate the imposition of
appropriate penalties for acts which endanger the environment such as dynamite
fishing and other forms of destructive fishing, illegal extraction and transport of
forest products, smuggling of natural resource products and endangered flora and
fauna and commission of others as penalized under PD 705 (Forestry Code), as
amended by Executive Order No.277, Series of 1987( Amendments to the Forestry
Code);
c) It shall recommend to the Sangguniang Panlungsod legislative measure for the
enhancement and protection of the Local Water Supply;
d) To recommend the enforcement of pollution control and environmental protection
laws, rules and regulations;
e) To recommend the issuance of an Environmental Compliance Certificate (ECC)
for projects and under KALAKALAN 20;
f) To adjudicate cases involving complaints against environmental laws under
Kalakalan 20;
g) To recommend apprehensions and testing of smoke belching vehicles and the
collection of appropriate fees and charges;
h) To recommend the implementation of a solid waste disposal and other
environment management system and service related to general hygiene and
sanitation; such as sewerage and household disposal;
i) To recommend rules and regulations for the abatement of noise and other form of
nuisance as defined by law;
j) To recommend the implementation of a cease and desist order issued by the
Pollution and Adjudication Board;.
k) To recommend the enforcement of mining laws, subject to the police standards and
guidelines of the DENR;
l) To recommend the conduct of cadastral and lot surveys;
m) To recommend the cancellation of Mayor’s Permit to any establishment that
habitually violates environmental laws, rules, regulations and policies of the city
government;
18
n) It shall recommend the formation of a Pollution and
Adjudication Board to be chaired by the Mayor, DENR Officer and a lawyer with
a minimum of five years experience in the practice of law;
o) To recommend to the Sangguniang Panlungsod the enactment of ordinances on all
matters relative to the protection, conservation maximum utilization, appreciation
of appropriate technology enhancement and other matters related to the
environment and natural resources;
p) It may solicit funding from multi-lateral non-governmental organizations,
foundations and other agencies to augment its finances for its operations.
q) To come up with environmental plans, programs, projects and to oversee its
implementation;
r) To exercise oversight powers in the implementation of environment-related
programs of the city.
s) Establish linkages in local, national, international agencies, non-government
organization, academes and residents for research, network building, data-banking,
policy advocacy and livelihood development aligned with environmental issues
and concerns
II. City Solid Waste Management Board
Section 13. CITY SOLID WASTE MANAGEMENT BOARD (Ordinance No. 5, Series of
2002)- This Board shall composed of the following:
a) Chairman - City Mayor
b) Chairperson of the Committee on Environment - Representative of the
Sangguniang Panlungsod
c) Chairperson of the Committee on Health and Sanitation
d) President of the Association of the Barangay Councils in the City
e) President of the Sangguniang Kabataan Federation
f) A representative from NGOs whose principal purpose is to promote
recycling and the protection of air and water quality
g) A representative from the recycling industry h) A representative from the manufacturing or packing industry, and i) A representative of each concerned government agency possessing relevant
technical and marketing expertise as determined by the Board.
j) VCENRO k) City Health Officer l) City General Services Officer m) City Agriculture Officer n) Chairman - City Agriculture and Fisheries Council o) Provincial Agriculturist
Secretariat: City Planning and Development Office
SECTION 14. DUTIES AND RESPONSIBILITIES - The City Solid Waste Board shall have
the following duties and responsibilities:
a) To develop the City Solid Waste Management Plan that shall ensure the
long-term management of solid waste, as well as integrate the various
solid waste management plans and strategies of the barangays in its area of
jurisdiction. In the development of the Solid Waste Management Plan, it
shall conduct consultations with the various sectors of the community;
b) To adopt measures to promote and ensure the viability and effective
implementation of solid waste management programs in its component
barangays;
19
c) To monitor the implementation of the City Solid Waste Management
through its various political subdivisions and in cooperation with the
private sector and the NGOs;
d) To adopt specific revenue-generating measures to promote the viability of
its Solid Waste Management Plan;
e) To convene regular meetings for purposes of planning and coordinating
the implementation of the solid waste management plans of the respective
component barangays;
f) To review every two (2) years or as the need arises the City Solid Waste
Management Plan for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and international
developments in the field of solid waste management;
g) To develop the specific mechanics and guidelines for the implementation
of the City Solid Waste Management Plan;
h) Recommend to appropriate local government authorities specific measures
or proposals for franchise or build-operate-transfer agreements with duly
recognized institutions, pursuant to RA 6975 to provide for either
exclusive or non-exclusive authority for the collection, transfer, storage,
processing, recycling or disposal of city solid waste. The proposals shall
take into consideration appropriate government rules and regulations on
contracts, franchises, and build-operate-transfer agreements;
i) To provide the necessary logistical and operational support to its
component cities and municipalities in consonance with subsection (f) of
Section 17 of the Local Government Code;
j) To coordinate the efforts of its component barangays in the
implementation of the City Solid Waste Management Plan;
k) To appoint any person or Barangay Official as Deputized Solid Waste
Management Officer (DSWMO) to assist in the implementation of the
provisions of this code who shall undergo an orientation-seminar on the
provisions of this code and Solid Waste Management Training prior to
their appointment
l) To define the powers, functions and responsibilities of DSWMO and
formulate its guidelines and procedures in appointing DSWMO.
(Ordinance No. 14, Series 2003)
m) To formulate plans, policies and implement the same for the effective and
efficient marketing of the organic fertilizer produced by the Vigan City
Material Recovery Facility (MRF)-Composting Plant after all
requirements shall have been complied for its marketing operation.
n) To oversee the laboratory testing and conduct of demonstration farm of
the organic fertilizer product ensuring the quality of the product for
market;
o) To determine the price and marketing niche of the organic fertilizer
product with the end of establishing a competitive and stable price of
fertilizer in the city and taking into consideration the production cost of
the said product;
p) To propose the appropriation of additional funds for the operation of the
MRF Composting Plant when needed. (MRF Composting Plant Board
Ordinance- Ordinance No. 22, Series of 2005)
III. CITY ECOLOGICAL TREE PARK PROJECT MANAGEMENT TEAM AND
TASK FORCE
SECTION 15. CITY ECOLOGICAL TREE PARK PROJECT MANAGEMENT TEAM
AND TASK FORCE (Ordinance No. 3, Series of 2005). The City Mayor shall create and
20
supervise a Project Management Team and Task Force to undertake the City Ecological Tree
Park at Barangay Raois, which shall be composed of the following:
Chairman - City Mayor
Vice Chairman - City Vice Mayor
Assistant Vice Chairman - SP Chairman, Committee on
Environment and Sustainable Development
Secretariat - City Planning and Development Office
(CPDO)
Finance - Offices of the City Treasurer,
Accountant, Budget Officer
Task Force - Office of the Vigan City
Environment and Natural Resources Officer,
- City Agriculture Officer,
- City Engineer,
- General Services Office,
Park Warden
Members - Barangay Raois Chairman and
Council members
- Project site landowner
- Representative of the Metro Vigan Water District Pumping Station
- Participating farmers
- NGOs,
- Schools
- Volunteers
- Concerned national/provincial government agencies/offices
SECTION 16. OBJECTIVES - The Project Management Team shall endeavor to achieve
the following goals:
a. Main Objective:
Establish the tree park primarily to provide remedial measure for watershed
ecology at the eastern barangays of Vigan City and to contribute to the anti-flooding
projects, programs and activities of the barangay, city provincial and national
governments for the City of Vigan.
b. Specific Objectives:
i. Negotiate with the project site landowner and lessee, Metro Vigan Water
District, for an agreement with the Vigan City Government that the land shall be
used solely for the Ecological Tree Park, to undertake this project that will be
beneficial to all parties under an equitable profit-sharing system and dedicated to
the citizens adversely suffering from the recurrent depletion of agricultural water
supply during dry season and recurrent floods during rainy season.
ii. Survey the project site and submit a proposed budget and land use plan to
devote areas for tree planting with eco-trails, lot parcels to allow for multi-sector
participation and an area for rest and relaxation, and a park warden to maintain
and safeguard the eco-tree park on a daily basis.
iii. Determine the species of trees to be planted that will consider anti-flood/pro-
watershed characteristics, income/livelihood generating potentials, and prospects
to make the project a tourist destination, considering the panoramic view of the
river, Quirino Bridge and the Cordillera Mountains.
iv. Initial activities shall include land development and preparations; soil testing
for the species of trees that will be suitable; acquisition of planting materials and
equipment; construction of a tree nursery and other infrastructure; planting
21
SANGGUNIANG
PANLUNGSOD
CITY MAYOR
Project Chairman
Vice Mayor
Project Vice Chairman
SP Committee Chair on Environment
and Natural Resources
Project Assistant Chairman
Proj. Mgt. Team Members –
Brgy. Raois Chairman &
Council Members; Project
Site landowner;
participating farmers, NGOs
schools, volunteers
Task Force –
Offices of
the City
Agricultural
Officer, City
Engineer,
Gen.
Services,
CPDO
Secretariat
Tourism
Officer
City Treasurer
Budget Officer
Accountant
Finance
NGAS/s Fund
Sources/Equipment/Technical
Assistance/media ILOCOS SUR GOVT
schedules; coordination and implementation with participating sectors; proper
supervision, communication and regular reports, maintenance, harvesting,
marketing for income generation, among others.
v. Request for fund and equipment support, technical assistance, planting
materials and other needs not available from the Vigan City Government.
vi. Conduct information campaigns through letters and the mass media to
invite/encourage multi-sector participation and donors in a well
coordinated and organized manner to motivate more involvement from
NGOs schools and civic-minded residents, etc.
vii. Study the feasibility and implement livelihood generating and tourism
destination components to optimize the potentials and sustainability of the
project.
viii. Adopt other objectives that help ensure the sustainability and success of
the project.
SECTION 17. PROJECT MANAGEMENT STRUCTURE:
SECTION 18. ACCOUNTABILITY AND TRANSPARENCY – The Project management
Team shall observe transparency in all operational and financial aspects of the Vigan City
Ecological Tree Park and shall be accountable in ensuring the achievement of its objectives in
the form of accomplishment reports and press releases citing the project’s fund management, its
contribution to anti-flood control, clean and green program, eco-waste management and tourism
promotion.
SECTION 19. CONSERVATION AND PROTECTED AREA -The Project Management
Team shall be responsible for the declaration of the Vigan City Ecological Tree Park at Barangay
Raois as a protected and conservation area.
22
CHAPTER III
LAND RESOURCE MANAGEMENT
SECTION 20. OBJECTIVES. The City Government shall adopt strategic management
framework and principles for the sustainability of the City’s land resources which aims:
a) To provide a rational, orderly and efficient acquisition, utilization and
disposition of land and its resources in order to derive therefrom
maximum benefits without endangering such resources;
b) To encourage the prudent use and conservation of land resources in order
to prevent the imbalance between the nation’s needs and such resources;
c) To ask for the cooperation of landowners, residents, Barangay officials
and all government officials and employees with offices in Vigan City to
consciously involved in observing and helping implementation of this
Code through the proper use of land resources in the respective areas of
responsibility.
SECTION 21. INCORPORATING THE SUSTAINABLE DEVELOPMENT PRINCIPLE
IN LAND USE PLANNING. The Comprehensive Land Use Plan of Vigan shall be based on
the principle of sustainable development to:
a. Promote the efficient acquisition, utilization and disposition of land as a
limited resource through the rational allocation and delineation of different
uses according to their highest and best use, and prevent premature and
wasteful development by delineating areas where certain activities can or
cannot be undertaken.
b. Identify the Intrinsic value and use limits of environmentally critical areas
such as those included in the National Integrated Protected Areas System,
the network of Protected Agricultural Areas, critical terrestrial and aquatic
ecosystems for preservation, conservation and rehabilitation;
c. Identify, conserve and protect areas of ecological, aesthetic and historical
significance;
d. Provide an efficient settlement pattern for better access to basic services
and prevent population habitation and high risk activities from taking
place in environmentally critical areas and;
e. Influence the public and private sectors in the proper use, management and
disposition of land. (n)
SECTION 22. REGULATORY PROVISION. All land use activities shall be undertaken in
full harmony with the comprehensive land use plan and zoning ordinance of Vigan City,
ensuring the most suitable use and that all extraction activities do not affect or hamper the
productivity of adjoining activities promoting equitable access to the resources.
The following industries shall be located at safe distances as determined by competent
authorities or as prescribed by pertinent national laws from bodies of water, coastal zone,
parks/recreational areas, watershed, schools and residential areas:
a. Pollutive/non hazardous industries
b. Pollutive/hazardous industries
c. Highly pollutive/ non hazardous industries
d. Highly pollutive/hazardous industries
e. Pollutive/extremely hazardous industries
f. Highly pollutive/extremely hazardous industries
g. Non pollutive/extremely hazardous industries
CHAPTER IV
FOREST RESOURCES MANAGEMENT
23
SECTION 23. OBJECTIVES. The City Government shall adopt strategic forest resources
management framework and principles of ecologically sustainable development which aims:
1. To maintain a forest resource information system such as but not limited to maps, inventory and directory of forest areas and prescribe guidelines to protect, conserve
and propagate endemic/indigenous flora and fauna species subsequently identified,
2. To establish production, protection and recreational forestry programs and projects, 3. To manage and maintain seedbank and produce seedlings for forest and tree parks; 4. To establish, manage, protect, rehabilitate, preserve, maintain and develop, communal
forest, tree parks, mangroves, greenbelts and tree farms;
5. To encourage cooperation among landowners and residents to plant and conserve the trees within their property as part of their involvement in environmental protection
and heritage conservation.
6. To encourage cooperation among Barangay officials and all government officials and employees with offices in Vigan City to be consciously involved in observing and in
implementing this Code through tree planting and the conservation of trees in their
respective areas of responsibility.
SECTION 24. GENERAL PROVISIONS:
1. Destroying or mere possession of any plants both living and non-living considered endangered or threatened pursuant to existing laws shall be banned and prohibited;
2. Tree planting and reforestation shall be a continuing priority of the city, with priority
areas for the planting:
a. Within 20 meters of either side of the rivers or stream;
b. Areas identified with historical value; c. Areas of high biodiversity d. Eroded slopes e. All open spaces within the city, specially in residential and commercial areas
including street islands, promenades , parking area peripheries and in wide
sidewalks as maybe suitable.
3. In coordination with CENRO (DENR), the city shall adopt a program to number all trees within the city jurisdiction. The tallying shall be applicable to all trees that are maturing
age and shall reflect classification of trees by species, a basic description of their location
and information on ownership. This shall be part of a broader resource inventory and
monitoring program of the city that will aid local authorities in enforcing the ban on
cutting trees;
4. Mangrove Conservation and Rehabilitation. Mangrove rehabilitation and reforestation in all suitable sites shall be conducted in order to preserve and regain nursery grounds for
fishes. Mangrove reforestation is hereby declared a community responsibility and the
cutting of mangroves in rehabilitated areas is hereby prohibited;
5. Regulation of flora outside National Integrated Protected Areas System (NIPAS) areas, including industries and businesses engaged in their propagation and development, such
as orchidaria and nurseries, except export and import; provided, that such businesses and
industries are registered with the DENR for monitoring purposes, pursuant to Section
3.2(b), DENR Administrative Order No. 30, Series of 1992.
SECTION 25. REGULATING THE CUTTING OF TREES (Ordinance No. 8, Series 2005)
a. No person, group of persons or entity shall cause the cutting of trees, damaging or destruction of trees which are located in public plazas, public parks, public
grounds, public roads, schools and within the heritage village without the prior
written approval from the appropriate department of the City Government of
Vigan in addition to other permits or license issued by other concerned local or
national agencies;
b. It is unlawful for any person to cut, gather, collect, or remove timber or other
forest products from any forest land, or timber from alienable and disposable
24
public lands, or from private lands, without any authority under a license
agreement, lease, license or permit;
c. No person/s shall be authorized to cut tree/s without necessary Tree Cutting Clearances issued by the VCENRO. Only tree/s that at the present moment
endanger the live and properties and for reason of public safety specially during
the occurrence of natural disaster shall be exempted from acquiring Tree Cutting
Clearances/Permit.
SECTION 26. DEVELOPMENT OF PRODUCTION FOREST. The city government shall
provide financial assistance for the purpose of promoting private investments in the development
of commercial forest-based enterprises.
SECTION 27. MANAGEMENT OF PROTECTION FOREST. Measures shall be adopted to
actively share responsibility in ensuring the perpetual existence of all endemic native plants and
animals. Protection forest shall be managed properly for sustained water production, coastal
habitat protection, conservation and preservation of waterways, forest-based recreation,
biodiversity conservation, scientific and educational research.
SECTION 28. DEVELOPMENT OF RECREATIONAL FOREST. The City Government, in
partnership with Non-government organizations and other private entities, shall endeavor the
establishment of a forest recreation projects such as forest parks, botanical garden, orchidaria and
camping grounds.
SECTION 29.FOREST PROTECTED AREAS.
The City Government in collaboration with the DENR and other agencies shall identify and
declare as protected areas, reserves, natural parks, wildlife sanctuary and landscapes, located
within the territorial jurisidriction of the City of Vigan which maybe found outside the mantle of
NIPAS Act of 1992
SECTION 30. RULES AND GUIDELINES IN THE CUTTING OF TREES (Ordinance No.
8, Series of 2005). To ensure and optimize the implementation of this provision, the following
rules, regulations and guidelines are hereby prescribed:
a) The Vigan City Environment and Natural Resources Office shall have overall responsibility in the implementation of the provisions of this Code under the supervision
and guidance of the City Mayor, Chief of Police, Barangay councils, School Officials,
NGOs, land owners and residents with trees, and other appropriate government agencies
and private and religious sectors.
b) The Vigan City Environmental and Natural Resources Office shall be mainly responsible in the monitoring, coordinating, reporting, and the charging of violators with the
assistance of concerned Local Government Unit/National Government Agencies officials,
in cooperation with all concerned sectors herein mentioned.
c) The Vigan City Environmental and Natural Resources Office shall perform all other tasks and responsibilities to ensure a successful and sustainable implementation of this Code
under the leadership of the Mayor assisted by all concerned sectors.
d) That in coordination with the Community Environment and Natural Resources Office (CENRO) and the City Government of Vigan, shall mutually cooperate in undertaking
an accord which shall embody the following:
i. In the issuance of permit to cut trees, the CENRO shall require strict compliance
with all pertinent existing rules and regulations as well as the production of
documentary requirements;
ii. The CENRO, upon receipt of any application for permit to cut tree/s, shall
immediately furnish a copy of that application to the City Government;
25
iii. The CENRO shall closely coordinate with the City Government in the
inspection/verification of the reason cited in the application;
iv. The City Government shall give a favourable recommendation before the CENRO
can issue any permit to cut any tree/s.
e) The use of unregistered or unlicensed power saws/chain saws and similar tree felling equipment shall be banned and prohibited, unless a current and valid license or permit the
use thereof as issued by the City Mayor, Provincial Government or the DENR. (n)
SECTION 31. REGISTRY OF CENTURY OLD TREES.
a) The Vigan City Environment and Natural Resources Office shall establish and maintain “Registry of Existing Trees, circa Spanish and American Era in a computer data-base and
index card monitoring and recording system in printed copies, according to Barangay,
name/address/telephone number of owner, the tree species, estimated age of the tree (or
simply “Spanish era” or “American era”), and remarks (information provided by, etc.).
b) The Vigan City Environment and Natural Resources Office shall be supported and assisted by all concerned officials of the Vigan City Government in implementation of
the provisions of this Code through a public information campaign with registry forms
and letters for the following sectors:
i. Archbishop’s Residence
ii. Association of Barangay Councils
iii. Citizens with Centuries-old-trees
iv. Farmer’s Federation
v. Fr. Jose Burgos House/National Museum
vi. Hotels/restaurants with Centuries-old trees
vii. Ilocos Sur National High School
viii. League of Barangay Council Members
ix. Leona Florentino House
x. Media
xi. Filipino- Spanish Friendship Park (Mira Hills)
xii. Plaza Maestro
xiii. Provincial Capitol
xiv. Provincial Jail
xv. Sangguniang Kabataan
xvi. SVAHAI
xvii. University of Northern Philippines
xviii. Vigan Chapters of United Architects of the Philippines (UAP)
xix. Department of Education, Division of City Schools, Vigan
xx. Immaculate Conception Minor/Major Seminaries
xxi. Vigan Post Office
xxii. All other concerned sectors
SECTION 32. SELLING OF BAMBOO SHOOTS (Ordinance No. 6, Series of 1989) - It shall
be unlawful for any person to sell bamboo shoots within the City of Vigan, irrespective of
whether he is the owner or not.
However, it shall not be unlawful for any person to gather bamboo shoots which he/she is
the owner thereof provided that such gathered bamboo shoots will be exclusively used by
him/him for family consumption.
CHAPTER V
WATER RESOURCES MANAGEMENT
For purposes of this code, water resources shall be classified as Groundwater and Surface
Water.
26
SECTION 33. OBJECTIVES: The City Government shall adopt an integrated water resources
management framework anchored on a stated national water resources policy, which aims:
1. To promote environmental strategies, use of appropriate and modern economic instruments and of control mechanisms for the protection of water resources;
2. To adopt measures for the proper appropriation, control and conservation of the water resources in the city;
3. To ensure the availability and sustainability of a clean and safe water resources of Vigan through a comprehensive management program;
4. To encourage the citizenry, institutions and agencies to take an active participation and cooperation to all efforts pertaining to the protection and
rehabilitation of the water resources in the City of Vigan;
5. To Initiate a water conservation program for all household and commercial establishments in the City to abate potential impact of a water shortage;
6. To present a balanced approach between resource development for economic purposes and the protection of water quality, ecosystems and other public
welfare benefits;
7. To ensure that developmental decisions are based on sound economic, environmental and social assessment;
Article A. GROUNDWATER PROTECTION AND MANAGEMENT
SECTION 34. REGULATORY PROVISIONS FOR WATER SUPPLIERS. For the
protection and sustainability of the groundwater resources of the city, any institution or company
supplying water which maintain wellheads within the City of Vigan shall be required to comply
with the following:
a) To Install well protection in their respective wellheads;
b) To construct flood barriers to control flood water and waterborne diseases from contaminating the drinking water system;
c) To fence off an area of at least 50 meters around each wellhead to exclude animal foraging, large scale livestock farming and other intrusive land uses;
d) To conduct regular quality and quantity monitoring of water supply;
e) To install chlorine pump alarms for maintenance purposes;
f) To submit a detailed hydrogeologic study and environmental impact assessment to the City Government before a permit is issued for the drilling of new wells or any
further development of existing ones.
SECTION 35. PROTECTIVE MEASURES
a) It shall be declared unlawful for any person or group of persons to construct or build any dwelling house/s within the periphery of 25 meters, nor drill or dig a well or any
source of water supply within a distance of 50 meters of any cemetery within this
city. . (Ordinance No. 6, Series of 1980)
b) No artesian, deep or shallow well shall be constructed within 25 meters from any source of pollution.
c) No person in charged with the management of a public water supply system shall permit any physical connection between its distribution system and that of any other
water supply, unless the latter is regularly examined as to its quality by those in-
charge and found to be safe and potable .
d) The installation of booster pump to boost water direct from the water distribution line of a water supply system where low-water pressure prevails is prohibited. (Code of
Sanitation)
e) No septic tank shall be constructed within a radius of 25 meters from any existing open or closed wells being utilized for drinking purposes.
27
f) No person shall drill a well without a permit from the city government, provided that in no case shall groundwater be extracted if this will result to the deterioration of
critically important surface waters; Provided further that the local chief executive
shall reserve the right to revoke any permit for the extraction of groundwater should it
be found to be detrimental to its sustainability or inimical to other higher priority
water uses as maybe recommended by the body concerned in its monitoring.
Before any drilling of well, there shall be a permit fee depending on the intended use:
a. Well for Household purposes P150.00
b. Deep Wells for Water Utilities (Commercial & Industrial) P
5,000.00
c. Irrigation Wells Free subject to the favorable
recommendation of the City Agriculture and Fisheries Council.
g) Any pollution generating industries shall not be constructed within a 100 meter radius from the wellhead drinking water source.
h) The extent of pumping and extraction of groundwater shall take into consideration the possibility of, and shall not cause, salt water intrusions, land subsidence and mining
of groundwater.
i) Unless otherwise allowed, an abandoned well shall be properly plugged to prevent pollution of ground water to conserve the aquifer yield and artesian head and to
prevent poor quality water from one aquifer entering another and also to prevent
accidents.
j) No cemetery shall be constructed within 50 meters radius from existing or proposed closed and open wells being utilized for drinking purposes.
SECTION 36. GROUNDWATER MONITORING. The VCENRO is hereby empowered to
enter any land subject of drilling wells or to take water for the groundwater monitoring program
of the City. He shall also conduct inventory of all existing wells and water pumps to set the limit
in the capacity of the wattage of water pumps in each household. The VCENRO shall submit to
the City Council and other bodies concern stating therein the status of groundwater resources in
the city. It shall also identify anomalies and changes to the monitoring program whenever
necessary.
SECTION 37. WATERSHED AREA. There shall be a watershed area in the City of Vigan as
maybe determined by the Sangguniang Panlungsod in coordination with the DENR which shall
be declared as a protected area. Conservation, protection and management of the watershed
should be considered in all developmental projects and programs utilizing water resources
SECTION 38. WATERSHED PROTECTION (ESTABLISHMENT OF A CITY
ECOLOGICAL TREE PARK) - There is hereby established an ecological tree park declared
as a protected and conservation area in the City of Vigan at Brgy. Raois to serve as water shed,
flood control measures and aesthetic activities/programs.
This shall be limited to the area of and adjacent available vicinities near the pumping
station of the Metro Vigan Water District in the jurisdiction of Barangay Raois near the Abra
river at Banaoang, Santa, Ilocos Sur that recurrently affect the agricultural sector due to the
depletion of water supply during dry season of the year and on the other hand overflows during
heavy rains and causes massive destruction and damages to crops, farm animals, houses, and
other properties in hardly quantifiable terms, including the danger to the lives of the residents
and the paralysis of transportation to and from the City proper that disables farm crops to reach
the public market.
Article B – SURFACE WATER MANAGEMENT
28
SECTION 39. PROTECTIVE MEASURES.
b) It shall be prohibited to construct, reclaim or place obstacles or encroachments on rivers, creeks, and other public places within the territorial jurisdiction of the city. The Mayor
shall order the removal and/or demolition of such illegal constructions, reclamations,
obstacles or encroachments on rivers, creeks and other public places in Vigan, Ilocos Sur.
(Ordinance No. 6, Series of 1980)
c) It shall be unlawful for any person to construct or set up any structure temporary or otherwise that will destroy the scenic value of natural water ways or result to the
disruption of water flows; (n)
d) It shall be unlawful for any person or establishment to discharge, wholly or partially, untreated or inadequately treated waste matter or industrial effluents directly into the
bodies of water or through the use of bypass canals and/or pumps or other unauthorized
means. The wastewater effluent standards set by the DENR must be strictly enforced at
all times.
e) No industrial or manufacturing plant shall be operated without control facilities of wastewater treatment system in good order or in proper operation. (n)
f) No industrial or manufacturing plant or source of pollution shall operate beyond the limits of operation of their wastewater treatment facility in order to maintain the effluent
quality within the standards or pertinent conditions required by law and/or as stipulated in
the permit to operate. (n)
g) Disposing or dumping of solid wastes into any waterways in Vigan is strictly prohibited. (n)
h) Residents and owners of residential houses, business establishments and other similar dwelling units are not allowed to dispose human excreta into the waterways. They should
construct their own septic tanks. All human wastes shall be emptied into the septic tank
of each individual house/establishment.
i) In cases where new building and/or establishments, or any dwelling unit are to be constructed, owners of these buildings shall submit a copy of their own septic tank plan
in the City Engineers Office (CEO) for approval. This plan shall be a requirement for the
issuance of building permits. Upon approval such constructed septic tank shall be
inspected before its use to check whether the owner complied with the plan. Inspection
once every year shall be conducted by the CEO to check whether the owners have
complied with the standards including the pumping of septage as the need arises.
For this purpose, possible inclusion of water conservation facilities/structures in
the design and/or construction of buildings and dwellings in urban areas shall be
considered in the issuance of building permits.
j) Draining of rain water directly into the sewerage system of Vigan is strictly prohibited. k) Residents and owners of houses and establishments should construct drainage or canals
intended for water rain to flow within the owner’s property.
l) No person or entity shall develop a stream, lake, marshland or pond or construct a swimming pool or golf course for recreational or commercial purposes without first
securing permit an Environmental Compliance Certificate from DENR.
m) Dumping of tailings and sediments from mining and quarrying operations, as well as farm water carrying pesticide residues is prohibited.
SECTION 40. RIVER REHABILITATION. There shall be a continuing program of dredging
the rivers of the city (Mestizo, Govantes, Pantay and their channels) to ensure that the waters
are habitable to aquatic life, suitable to such other uses as farming, fishing, recreation, and other
related activities for a sustainable source of livelihood for the residents as well as a protection of
the natural heritage of Vigan. (n)
SECTION 41. RIVER BANK PROTECTION.
29
a. Planting of trees, mangrove species along designated portions of the bank to sustain
water levels and spring sources, to prevent erosion and thus to protect neighboring
communities’ lives, properties and livelihood activities.
b. Strict enforcement of waste management regulations that free the rivers, creeks and
their banks from the intrusion of any pollutants.
SECTION 42. MONITORING AND IMPLEMENTATION. For a more effective
implementation of these provisions, the VCENRO is hereby empowered to: (n)
a) Remove any fishing nets, attached or otherwise constructed therein to facilitate the flow of water and avoid any form of water disruption;
b) To require whenever necessary the upgrading, repairs and pumping of septage after inspection;
c) For purposes of surface water monitoring, the VCENRO shall submit a report every three (3) years to the Sangguniang Panlungsod and other bodies concern stating therein
the status of the surface water resources in the city.
CHAPTER VI
BIODIVERSITY, FISHERIES AND AQUATIC RESOURCE MANAGEMENT
SECTION 43. OBJECTIVES. The City Government shall adopt a management framework in
the protection of Vigan’s biodiversity, fisheries and aquatic resources which aims:
a) To promote the principles of ecologically sustainable development and protection of the environment;
b) To sustain the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations;
c) To restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development, and to properly weigh both long and short
terms economic, environmental, social and equity considerations in deciding all
matters relating to environmental resources, use, protection, restoration and
enhancement;
d) To protect and preserve its natural heritage which includes all plants and animals
whether endemic or not endemic in Vigan, such as, but not limited to the species
identified in the natural heritage template of the cultural mapping project of the City
of Vigan
Article A – Biological Diversity
SECTION 44. GENERAL PROVISIONS. The City Government shall focus on the
conservation of the biodiversity by undertaking the following: (n)
a) The territorial limits of the City of Vigan shall be declared as sanctuary and
protective for terrestrial wild animals, fouls and marine life. All flora and
fauna listed by the DENR as endangered species and species which are
endemic and unique to the city and species whose existence is considered
endangered and threatened shall be fully protected;
b) Data Bank. There shall be an inventory and mapping of all plants and animals
endemic in the City of Vigan which will serve as a data base. The city shall
involve the technical expertise of academic institutions, research centers,
national government agencies, NGOs and POs in the conduct of such
inventory in order to generate an accurate data base. In the
inventory/documentation, the cultural mapping template for plants and
30
animals shall be used. (aside from the, forms prescribe if there is any from the
DENR)
c) Establishment of seedbanks and nurseries in all communities/barangays within the city;
SECTION 45. PROTECTIVE MEASURES. The City Government shall initiate the following:
(n)
a) Promotion of green space such as tree planting and pocket gardens to abate the reduction in the number of historic birds, animals and plant species in the City;
b) The planting of native species such as but not limited to Bigaa and make efforts to link green spaces and promote robust plant population;
c) The Implementation of programs and projects to reduce the use of pesticides and other chemicals that adversely affect soil, water, flora and fauna, in the long term or short term.
d) The trafficking of flora and fauna shall be prohibited, unless the City Mayor and DENR have issued a current and valid permit for the traffic thereof from the source. The hunting
or gathering of endangered or threatened species is prohibited (n)
e) Hunting, destroying or mere possession of any plants, animals or other forest products both living and non-living and other species considered endangered or threatened
pursuant to existing laws shall be banned and prohibited. (n) .
f) Conservation of Wildlife Resources. Measures for the rational exploitation of wildlife
resources shall include but shall not be limited to the following:
a. Prohibit the capture and marketing of threatened wildlife resources;
b. Conserving the threatened species of flora and fauna, increasing their
rate of reproduction, maintaining their original habitat, habitat
manipulation, determining creel limits, population control in relation to
the carrying capacity of any given area, banning of indiscriminate and/or
destructive means of catching or hunting them.
Article B – FISHERIES
I. REGULATING FISHING AND/OR FISHERIES
SECTION 46. USERS OF CITY WATERS - All fishing related activities in the city water
shall be utilized by city fisher folks. Medium commercial fishing vessels are not authorized to
operate within fifteen (15) kilometers from the shoreline and no commercial fishing activities are
allowed within the depth of less than seven (7) fathom.
SECTION 47. LICENSE PERMIT FISHERY GRANT - It shall be unlawful for any person,
to take or catch fish or other aquatic products by means of nets, traps or other fishing gears in the
city waters of Vigan or by means of fishing boats or vessels, three ton gross or less, unless,
provided with the necessary license, permit issued for the purpose by the City Mayor upon the
endorsement of the BFARMC. It shall be likewise, illegal for any person to operate fish corals,
or oyster culture beds, or take or catch “bangus fry” or fry of other species for propagation within
the territorial jurisdiction of the city without first securing a city grant therefore conferred as
provided for by law and this code.
SECTION 48. PERSONS ELIGIBLE FOR FISHING AND/OR FISHERY PRIVILEGES – Under this code, the following are eligible for fishing and/or fishery privileges:
a. Any person who is a Filipino Citizen;
b. Any Cooperative, Partnership, association or Corporation duly registered or
incorporated under the laws of the Philippines, and at least sixty per centum (60%) whose
capital stocks belongs wholly to the citizens of the Philippines.
31
SECTION 49. ISSUANCE OF INDIVIDUAL LICENSES - The Sangguniang Panlungsod is
hereby authorized to grant the privilege of erecting fish corals, operating fish pens/cages, oyster
culture beds or catching “bangus fry,” fry or “kawag-kawag” within the definite area or portion
of the City waters to individuals upon payment of license fees provided for in the Vigan Revenue
Code as Amended.
SECTION 50. APPLICATION FOR EXCLUSIVE FISHERY PRIVILEGES - Applications
for any of the exclusive fishery privileges mentioned in the preceding section should be made on
official form duly approved by the Sangguniang Panlungsod.
In case of fish pens/fish cages, the following guidelines shall strictly be implemented:
a) Ten percent (10%) of the total potential area for aqua/marine culture of the city water is allotted for fish pen/fish cage venture areas where the fish cages
are located.
b) Fish pens/fish cage should be at least fifty (50) meters from the shoreline; c) Only floating fish cages (inverted mosquito net) shall be allowed in rivers.
However, fixed cages are allowed for as long as the water depth is more than
1.5 meters during the high tide and 1 meter during low tide.
d) Fish cages shall be operated in rivers one and one half (1 ½) meters apart. e) No fish pen/fish cage shall be constructed fronting the opening/mouth of
fishpond (“padila“) or irrigation supply canal provided that there must be an
expressed or written permission from the fishpond owner affected by the
construction.
f) No fish pen/fish cage shall be constructed within one hundred (100) meters from the river mouth or estuary (“sabangan”).
g) A maximum of 500 square meters size fish pen/fish cage shall be granted to individuals and 2,500 sq.m. to cooperatives/associations in coastal water
provided that no family shall have more than 500 square meters;
h) A maximum of 100 square meters size fish cage shall be granted to individuals and 200 square meters to cooperatives/associations in rivers
provided that, there shall be one fish pen/fish cage to be awarded per family
head or per cooperative/association;
i) The stocking density in coastal water is 50 pieces/sq.m. and 30 pieces/sq.m. in rivers;
j) The amount of commercial feeds is five percent (5%) of the stock’s body weight. The feeds should be supplied using the feeding tray provided for the
purpose;
k) Applicant must have undergone/attended a seminar or training on fish cage/fish pen culture from recognized institutions.
l) No fish cage/fish pen shall be constructed occupying 75% across the river. There shall be maintained a 10 meter navigational space in the middle of
the river in between fish cage/pen on both sides of the river to allow the
passage of fishing vessels and for communal fishing ground;
m) Applicant shall secure an endorsement from the BFARMC where the grant is
located. In the absence of a BFARMC, endorsement from the fishermen
association and/or the punong barangay where the grant is located attesting that
such will not impede free fishing in the communal fishing ground of the city;
p) Applicant shall be a resident of the barangay where the location of the grant applied for is located; and
q) To ensure compliance of all environmental protection, programs and policies of the City, applicant shall secure an endorsement from the Environmental and
Natural Resources Council of Vigan (ENRCV) before the grant can be
deliberated by the Sangguniang Panlungsod.
The Office of the City Agricultural Officer in cooperation with the
BFARMC shall conduct a quarterly inspection to all the City Waters where fish
pens/fish cages have been constructed to avoid fish kill and to prevent water
pollution.
32
SECTION 51. TO WHOM TO SUBMIT APPLICATION - All applications shall be
forwarded to the Sangguniang Panlungsod, upon receipt of the application, it shall determine
that the license applied for will not prejudice public interest and that the portion or area for
which an application for lease has been presented is not covered by any subsisting lease.
SECTION 52. CITY CONCESSIONS/LEASES CONCERNING FISHERIES - No lease or
concession granted by the Sangguniang Panlungsod under the authority of an approved
Ordinance pursuant to Republic Act 7160 concerning fishing or fisheries in streams, lakes,
rivers, inland and/or city waters shall be valid and enforceable unless, the Mayor, upon
recommendation of the Sangguniang Panlungsod, approves the same.
SECTION 53. LICENSE/PERMIT - The privilege of taking or catching fish in city waters of
this city with nets, traps, or other fishing gears with or without using, therefore, fishing boats or
vessels three gross tons or less shall be granted under ordinary licenses/permits issued by the
City mayor to any person qualified under Section 40 hereof upon payment of corresponding fees
required as provided for in the Vigan Revenue Code as Amended.
SECTION 54. AUXILIARY INVOICE - All fish and other fishery products must have an
auxiliary invoice prior to their transport from this city to the point of destination upon payment
of P3.00/one thousand pieces of “Bangus Fry” and fry of other fish species. The Barangay
Council where the grant is located shall be given the responsibility to collect the said fee.
SECTION 55. The use of all types of trawls from fishing in the City water is hereby prohibited
based on R.A. 8550 also known as “The Philippine Fisheries Code of 1988. (as amended by Ord.
No. 13, Series of 2003.)
SECTION 56. ABATEMENT OF NUISANCE - The Sangguniang Panlungsod may declare,
prevent or abate any nuisance and for this purpose may by resolution authorize the City Mayor,
the City Engineer or other proper officials or agencies of the City to directly cause the abatement
of public nuisances or nuisance per se in any City water. Provided, that, nothing herein shall be
deemed limit the authority of the City Mayor or other officials or other government agencies,
upon their own authority granted herein or by other laws to deal with such nuisances.
SECTION 57. COLOR CODING - All motorized or non-motorized fishing bancas shall bear
the color yellow and blue as identified by the Provincial Board of Ilocos Sur for purposes of
identifying fisherfolks of the City and from other municipalities poaching within the waters of
Vigan. (a)
SECTION 58. TENURE OF GRANTS - The tenure of grants issued by the Sangguniang
Panlungsod shall be good for a period of three (3) years. The grant shall be non-transferable.
Concessionaire/grantee who is no longer interested to continue with the fishing privileges shall
inform the Sangguniang Panlungsod for proper awarding to any interested person.
SECTION 59. PRIORITY IN THE AWARDING OF FISHERY GRANT - To ensure that
the benefits of our city waters are dispense to the majority, fishermen association and
cooperatives shall be given priority in the award of fishing grants in the City. All applicants of
fishing grants shall be exempted from the payment of the legislative processing fee.
SECTION 60. All owners of existing fish cages or fish pens and other fishery grants shall be
given sixty (60) days to legalize their existence. Provided, that their operation will not prejudice
public interest.
SECTION 61. Special Fishing Privilege to Marginal Fishermen Establishing and
Maintaining Artificial Reefs within the Territorial Sea Waters of Vigan City, Ilocos Sur. (Ordinance No. 8, Series of 1993)
33
a. Special Fishing Privilege. The special privilege of sea fishing within the premises of an artificial reef established and maintained by a marginal fisherman or an association
of such shall belong exclusively to him or to the group as the case may be.
If the artificial reef was established and being maintained by civic organizations,
government agencies or persons or entities not engaged in marginal fishing, the
special privilege of sea fishing shall belong exclusively to the beneficiary of the
artificial reef as determined by the aforesaid persons or entities.
Provided, however, that the premises referred to in the first paragraph of this section
shall not go beyond a circumference area of thirty (30) meters from any point of an
artificial reef.
b. Prohibition. No person, natural or juridical is allowed to establish and maintain an artificial reef within a distance of fifty (50) meters from any point of a natural reef
(“Kadilian”).
c. Implementation. The concerned barangay officials, Sangguniang Kabataan Officials, Barangay Tanods are hereby deputized for purposes of implementing this section of
this code.
SECTION 62. DIVISION AND CLASSIFICATION OF CITY WATERS - The City Waters
within the jurisdiction of this city shall be divided and classified as follows: (Ordinance No. 5,
Series of 1976 - Bangus Fry Grounds Zones)
a. Classification/Division of Bangus Fry Ground:
i. Zone 1 – Mindoro Bangus Fry Ground. Situated along the shores of Mindoro
extending south from the boundary limits of the municipalities of Sta. Catalina and Vigan
City on the north up to the boundary limits of Mindoro and San Pedro on the south
ii. Zone 2 - San Pedro Bangus Fry Ground. Situated along the shores of San
Pedro extending south from the boundary limits of Mindoro and San Pedro on the north
up to the boundary limits of the City of Vigan and Municipality of Caoayan on the South.
b. City Government of Vigan Bangus Fry Reservation Area. The government bangus fry
reservation shall be that portion starting from the boundary limits of the Municipalities of
Sta. Catalina and Vigan City on the north, extending southwards measuring 400 meters
which is 1/5 of the whole area earmarked for the gathering of fry. (Ordinance No. 5,
Series of 1976)
II. REGISTRATION AND OPERATION OF MOTORIZED FISHING VESSELS.
(Ordinance No. 01, Series of 2009).
SECTION. 63. REGISTRY OF FISHER FOLK AND THEIR FISHING GEAR – For
purposes of information generation, monitoring and regulation, the City of Vigan thru the City
Agriculture Office shall keep a registry of fisherfolk and/or their organization. Gear types and
specifications shall also be incorporated in the Fisherfolk Registry.
The City Agriculture Office (CAO) shall maintain and update the registry of fisherfolk
and their fishing gears with the assistance of the Barangay/City Fisheries and Aquatic Resources
Management Council (FARMC) and submit the updated registries to the Office of the City
Mayor. The Barangay Councils shall be furnished a copy of the registry to be posted in barangay
halls and in other strategic locations where it shall be open to the public for validation of the
correctness and completeness of the list.
34
SECTION. 64. REGISTRATION OF CITY FISHERFOLK AND FISHING GEAR - All
qualified fisherfolk shall be registered with the city through the CAO. All fishing gear and/or
paraphernalia to be used by the applicant fisherfolk shall be registered simultaneously. City
Fisherfolk shall be qualified to secure a license, upon completely filling-up the prescribed
application form. Registered fisher- folk shall carry with them their Certificate of Fisherfolk
Registration (CFR) and license at all times when engaged in fishing operation and present or
surrender the same whenever requested by the PNP Maritime – Group, Barangay/City FARMC,
Bantay Dagat personnel and other duly authorized law enforcers.
a. Qualifications/ Eligibility:
a.) A citizen of the Philippines;
b.) Must be directly or personally and physically engaged in the taking of fishery
and/or aquatic resources from the wild state or habitat with or without the use
of fishing vessels;
c.) A resident of the city for at least six (6) months; and
d.) At least eighteen (18) years of age.
b. Requirements. City fisherfolks shall register to the CAO with the following
documents:
a.) Duly accomplished standard Fisherfolk Registration Form (Annex D);
b.) Community Tax Certificate (CTC) secured from the barangay/city treasurer.
c. Certificate of Fisherfolk Registration (CFR). Upon submission of the
abovementioned requirements, the city shall issue the Certificate of Fisherfolk Registration.
d. Maintenance of Fisherfolk Registry. The City Government of Vigan through the
CAO shall keep a registry of fisherfolk and/or their organization. Gear types specifications shall
be incorporated in the registry of Fisherfolk in as much as the city fisherfolk and his fishing gear
and/or paraphernalia are registered simultaneously.
The City Government shall regularly submit the list of fisherfolk registered and deleted/
canceled from the registry within the first quarter of the succeeding year to the Bureau of
Fisheries and Aquatic Resoruces- Fisheries Information Management System.
SECTION 65. REGISTRATION OF FISHING VESSELS THREE (3) GROSS TONNAGE
AND BELOW – All fishing vessels three (3) gross tonnage and below shall be registered with
the City through the City Agriculture Office (CAO). The CAO shall keep the registry for
purposes of information generation, monitoring and regulation, establishment of identity,
ownership of vessels and maritime safety. Likewise the CAO shall maintain and update the
registry of fishing vessels with the assistance of the Barangay/City FARMC and submit the
updated registries to the office of the City Mayor.
The City Government shall regularly submit the list of fishing vessels registered,
deleted/cancelled from the registry within the first quarter of the succeeding year to the
MARINA Central Office or Regional Office Concerned, the Philippine Coast Guard Station
/Detachment and Department of Agriculture- BFAR. The Barangay Councils shall be furnished a
copy of registry to be posted in barangay halls and in other strategic locations where it shall be
accessible to the public for validation of the correctness and completeness of the list.
a. Eligibility for Fishing Vessel Registration. Only those fishing vessels which are
owned by Filipino citizens (single proprietorship, partnership and/or corporations) and duly
registered or accredited Fisherfolk Associations and cooperatives shall be eligible for
registration.
35
b. General Registration Guidelines and Requirements for Issuance of the Certificate of
Number (CN). The applicant shall submit to the CAO the following documents;
a.) Duly accomplished Standard Vessel Registration Form under oath (Annex A);
b.) Duly accomplished Certified Standard Admeasurements and Tonnage Form
(Annex B);
c.) Clearance from the PNP- Maritime Group Headquarters or local PNP
certifying that the fishing vessel is not involved in any criminal offense
d.) Official receipt evidencing payment of corresponding vessel registration fees;
The CAO shall verify and evaluate the submitted documents and upon
finding that the registrant has complied with all the documentary requirements
and has paid the registration fee, it shall process and facilitate the issuance of the
CN (Annex C) subject to the approval of the City Mayor or his duly authorized
representative. The number shall be painted in bold (12 inches in length and 2
inches in width) 4 inches from the upper edge 1 meter from front edge.
c. Issuance of New Certificate of Number (CN). The City shall issue a new CN in
case the fishing vessel change its homeport. A change in homeport may occur in case
the owner/operator decides to change residence or principal office or sells / transfers
ownership of the fishing vessel to a person or entity with domicile in another local
government unit. The city shall upon application for change of homeport issue a
certificate of clearance and shall delete the registration of such fishing vessel/s from
its register.
Under the following instances, no clearance for the change of homeport shall be issued
by the current homeport:
a.) The single proprietorship, partnership, corporation or fisherfolk has no branch
office in the intended homeport;
b.) There is an outstanding safety requirements, which the fishing vessels has to
comply ;
c.) The fishing vessel is involved in a pending criminal or administrative case for
violation of a fishery law or an ordinance or a civil case regarding questions of
ownership.
The new homeport shall issue a new CN upon filing and submission of an application for
the issuance of a new CN supported with the following documents:
a.) Original copy of the CN; and b.) Clearance to change homeport issued by the current homeport
Upon approval of the change of homeport, all records pertaining to the vessel shall be
transmitted by the previous homeport to the new homeport.,
d. Re-issuance of Certificate of Number (CN). The city shall re-issue the CN in the
following instances;
a.) In case the fishing vessel is the subject of sale or transfer of ownership without change
in homeport the city shall re-issue the CN, upon compliance of the new owner to the following
requirements:
a.1. Submission of a duly notarized deed of absolute sale;
a.2. Posting in the barangay or city hall for seven (7) consecutive days giving notice that
the fishing vessel has been sold or transferred to a new owner;
a.3. Affidavit of posting executed by the Punong Barangay or City Mayor that said
notice had been posted in the premises and that there are no oppositors to the fishing
vessel’s sale;
a.4. Original copy of the Certificate of Number (CN).
b.) In case of engine replacement, an application for the issuance of new CN shall be
filed with the current homeport with the following documents:
b.1. The original copy of the Certificate of Number;
36
b.2 Official Receipt of the purchase of engine;
b.3 Police Clearance, as a proof that the purchased engine is not a carnapped or a
stolen vessel.
c.) The city shall re-issue a CN when an owner or operator files an application at the
current homeport to change the name of his/her fishing vessel and stating the reason for such.
However, such application shall not be approved if the fishing vessel is involved in a civil case
regarding question of ownership or in a criminal case for violation of a fishery law or ordinances
of the City.
d). In case of the loss of the Certificate of Registration (CN), the owner shall attached the
following requirements for the re- issuance of a new CN:
d.1 Affidavit of loss;
d.2 Certified photocopy of the original CN
SECTION 66. MARKING, NUMBERING AND COLOR CODING OF FISHING
VESSEL. All duly registered fishing vessels operating in the city waters shall be assigned an
official number and a name. City of Vigan fishing vessels shall be colored yellow and blue with
the yellow color at the first half portion (vertically) and the blue color at rear half portion
pursuant to the Province of Ilocos Sur Ordinance No. 03-08 as embodied in their Resolution No.
071, Series of 2008.
SECTION 67. DELETION AND CANCELLATION OF FISHING VESSEL
REGISTRATION – The Registration of Fishing Vessels shall be deleted and cancelled under
the following circumstances.
a. Loss or decay of the fishing vessel;
b. Involvement of the vessel in a marine/ maritime incident;
c. Transfer of the area of operation of the fishing vessel; and
d. Such other lawful causes.
SECTION 68. MONITORING OF REGISTERED FISHING VESSEL.
In compliance with Executive Order 305, Series of 2004, the City Agriculture Office
(CAO) of Vigan City shall institute a monitoring system to guide them in approving the
registration of fishing vessels.
SECTION 69.FISHING VESSEL REGISTRATION FEES – A Registration Fee of P600.00,
effective for three years, shall be collected from the owner of each fishing vessel of three (3)
Gross Tonnage and below.
Registration fees and penalty charges will accumulate to the general fund of the City of
Vigan.
Fisherfolk and fishing gear registration shall not be viewed as a revenue- generating
instrument but as a basic service. The fisherfolk and fishing gear registration shall be free of
charge.
SECTION 70. TIME AND MANNER OF PAYMENT. The fees herein imposed shall be paid
to the City Treasurer’s Office within the first thirty (30) days of January.
Article C- Aquatic Resource Management
SECTION 71. REGULATING THE CATCHING OF “IPON” AND/OR “ARAMANG.” (Ordinance No. 7, Series of 1993).
a. All persons or entities engaged in the catching of “ipon” and/or “aramang” within the
City waters of Vigan, Ilocos Sur are required to secure an annual Mayor’s Permit
upon payment of the corresponding license fee of Five Hundred Pesos (P 500.00) per
catching gear.
37
b. The Mayor may impose reasonable condition in the granting of the aforesaid permit
taking into consideration existing fishery and environmental laws and the public
welfare.
c. No Mayor’s permit shall be issued or renewed to persons or entities known to be
engaged in illegal fishing as provided under existing fishery laws.
d. All members of the barangay councils of Vigan are hereby deputized to assist in:
i. Monitoring and to submit in writing the list of all persons or entities engaged
in the catching of “ipon” and/or “aramang” within the city waters of Vigan, to
the Office of the Mayor with copies furnished to the Office of the City
Treasurer and the Office of the Sangguniang Panlungsod.
ii. Conducting an ocular inspection on the prospective fishing grounds in its area
of jurisdiction before and during “ipon” and/or “aramang” seasons.
iii. Developing, promoting and maintaining harmonious relationships between
fishermen and vendors.
iv. Identifying and reporting to the Mayor and/or the Vigan PNP, persons or
entities engaged in illegal fishing as penalized by existing fishery laws and
regulations.
v. Apprehending of any violators hereof and reporting immediately to the Vigan
City PNP.
e. Payment of Fees i. License fees shall be paid to the Office of the City Treasurer of Vigan
whereby the name of the barangay where the “ipon” and/or “aramang” were
caught be noted by the said office.
ii. License fees shall be paid during the first twenty (20) days of January. For
new licenses, it may be paid anytime before engaging in the catching of
“ipon” and/or “aramang”
iii. A surcharge of twenty (20%) of the license fee shall be impose for late
payment.
f. Sharing System of Collected Fees i. If the persons or entities engaged in catching “ipon” and/or “aramang” are
residents of Vigan, twenty five (25%) percent of the collected fees shall
accrue to the City government and seventy five (75%) percent shall accrue to
the barangay where the “ipon” and/or “aramang” were caught.
ii. If the persons or entities engaged in catching “ipon” and/or “aramang” are
from other towns, all the fees collected shall accrue exclusively to the City of
Vigan.
g. Remittance of Barangay Shares. The City Treasurer shall remit the share of the barangay concerned every first week of February to the Barangay Treasurer.
SECTION 72. ILLEGAL FISHING – This shall govern persons practicing illegal means of
fishing. The following are the prohibited acts: (Ordinance No. 5, Series 1988)
a) It shall be unlawful for any person to practice the illegal means of fishing such as poisoning, the use of electrical gadgets, superlight, the use of dynamite and sodium
cyanide;
b) It shall be unlawful for any person to put up "asar", "bocatot", or "balaong" and to catch "bolidao" and "ludong".
c) The putting up of “Rama” and “Bannasi” shall be prohibited. (a)
SECTION 73. PROTECTION AND CONSERVATION OF PAWIKAN, ITS EGG AND
HABITAT – The City of Vigan prohibits and penalizes the slaughter, killing, buying and selling
38
of the green sea turtle, otherwise known as Pawikan, as well as the gathering of its eggs and
destruction of its nesting habitat. The following are prohibited acts;
a) Killing, slaughtering, or destroying the nesting habitat of the green sea turtle. b) Gathering of the eggs of a green sea turtle from its nest. c) Buying or selling, whether for profit or not, of a green sea turtle, or its flesh or
egg.
d) Offering and serving green sea turtle delicacies in any restaurant, food chains, hotels and the likes.
e) Keeping or possessing a green turtle without the necessary permit from the Department of Environment and Natural Resources
SECTION 74. IMPLEMENTATION AND ENFORCEMENT - The City Mayor may create a
special task force for the proper and strict implementation and enforcement of this section when
exigency requires, to put an end to the prohibited activities mentioned herein. All barangay
officials of Barangay Mindoro and San Pedro are mandated to implement this section within
their respective jurisdiction.
SECTION 75. MONETARY REWARD - There shall be a monetary reward in the amount of
P 1,500.00 to any person who shall give information leading to the arrest of anyone caught
violating the prohibition on Section 59 hereof and P500.00 for anyone who accidentally caught a
live green sea turtle or “pawikan”.
a) Monetary rewards shall be charge to the fund under the Annual Development Fund (a)
b) In cases where the sea turtle was accidentally trapped and killed in fishnets or found dead, the same shall be reported to the DENR for its proper disposal.
SECTION 76. REGULATING THE SALE OF ANY FISH SPECIES AND MARINE
PRODUCTS AT THE VIGAN CITY PUBLIC MARKET (Ordinance No. 09 Series of
2008)
a. No fish species and/or marine products caught through illegal means such us but not limited to dynamite fishing, poisoning, etc, shall be
sold at the Vigan Public Market for human consumption.
b. No fish species and/or marine products not inspected and certified safe for human consumption by the Market master be sold at the
public Market.
c. No fish and/ or other marine products that come from other provinces shall be sold at the Vigan Public Market without the
corresponding auxiliary invoice.
CHAPTER VII
COASTAL ZONE MANAGEMENT
SECTION 77. OBJECTIVES. The City Government shall adopt a management framework in
the protection of Vigan’s coastal resources which aims:
1. To conserve, protect and sustain the management of the city’s fishery and
aquatic resources;
2. To alleviate poverty with the provision of supplementary livelihood among city
fisherfolk through upgrading the post-harvest facilities;
3. To improve the productivity of aquaculture within ecological limits;
4. To utilize offshore and deep-sea resources optimally;
39
SECTION 78. All zones within the City water or portions thereof shall be covered by applicable
tenurial and/or management rights and the issuance thereof shall be in accordance with law;
provided that the City Mayor and concerned national agencies shall provide adequate measures
for the recognition of customary management use rights.
The City of Vigan shall protect the rights of subsistence to fishermen, especially of local
communities to the preferential use of communal marine and fishing resources, both inland and
offshore. It shall also protect its marine wealth and exclusive economic zone and reserve its use
and enjoyment exclusively to Filipino citizens. (n)
Further, a coastal land use system aimed at attaining a balance of development activities,
infra and ecological stability within the coastal zone of Vigan is hereby adopted. The said plan
will be considered zonation of the coastal strip into best environment uses based on accurate
assessment of the habitats that are affected by development activities in the shoreline.
SECTION 79. REGULATORY ACTS/GENERAL PROVISIONS.
a). It shall be unlawful to gather, extract and/or remove beach resources, pebbles, sand and
gravel and boulders for whatever purpose except those expressly allowed by law;
b.) The construction of tourist facilities directly in the water’s edge where such would result to
the loss or alteration of breeding and nursery grounds of fishes shall be prohibited;
a) The conversion of wetlands into fish/prawn farms and the extraction of freshwater in coastal areas that may result in the intrusion of saline water into the fresh water table shall be
regulated through a system of permits issued by the local government chief executive, subject
to existing national laws, rules and regulations;
b) It shall be prohibited and punishable for any officer, member of the crew or passenger of any ship, boat or sea craft of any kind coming to dispose, dump or throw away garbage or wastes
at any bodies of water within the territorial jurisdiction of the City of Vigan. (n)
c) It shall be unlawful to cut any mangroves, trees and kandaruma along the coast of the city.
d) Pollution and siltation from any activity in the shoreline that may cause destabliziation of marine habitats shall be abated and the pollution firms/individual shall be fined with the
appropriate penalties.
e) All development activities occurring or proposed to be undertaken within the declared coastal zone be subject to an environmental impact analysis to ensure that any negative impacts on
the coastal environment resulting such activities are presented.
f) Pollution of rivers and water bodies shall be prevented and any firm found to be contributing to water quality degradation shall be penalized accordingly.
SECTION 80. PROTECTIVE MEASURES.
a. The City government will support the planting of trees such as coconut and other hardy
species as one of the protective measures in preventing beach erosion;
b. There shall be maintained an adequate mangrove forest resource capable of protecting the
livelihood and well being of the artisanal fishing population, the coastal habitats of marine flora
and fauna. The City government shall establish adequate safeguards and controls on human
activities within the declared mangrove swamps/forest reserves, marine parks and fish
sanctuaries in the City of Vigan;
40
c. Biological diversity and heritage items shall not be jeopardized in the utilization, development
and management of city waters. Unique marine features and productive habitats such as, but not
limited to, seagrass beds and coral reefs shall not be destroyed.
d. Collection and extraction of shellfish and other living organisms which involves substrate
extraction shall be regulated as quarrying activity.
SECTION 81. MONITORING AND IMPLEMENTATION. The Local Chief Executive
through the VCENRO shall monitor the quality of the water in the coastal zones in Vigan.
He/She shall undertake a study that will evaluate the probable cause of erosion, including rises in
sea level, increased turbulence from the Abra River or changes to currents in the South China
Sea and thereafter make recommendation for measures to mitigate the effects of wave action or
replenish scoured sand.(n)
CHAPTER VIII
AIR RESOURCES MANAGEMENT
SECTION 82. OBJECTIVES. The City Government shall adopt a management framework in
the protection of Vigan’s air resources which aims:
1. To promote and protect the global environment to attain sustainable development.
2. To protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.
3. To let the community recognize that a clean air and healthy environment is for
the good of all and should, therefore, be the concern of all.
SECTION 83. GENERAL PROVISIONS.
1. Coordinate with the DENR the conduct of inspection of industrial facilities, including all equipment emitting potential air pollutants, to ensure that such establishments are
complying with established standards.
2. In compliance with the air quality standard set by the DENR, the City Government of Vigan shall subject to environmental inspection, control and banning as may be
appropriate, the erection, use, installation or operation of any machinery plant or
industries that would release air pollutants into the atmosphere which together with
the concentration of existing air pollutants in the city would result to air concentration
greater that the quality standards set by the DENR.
To enforce such, the city government shall periodically seek the assistance of
the DENR in conducting emission tests for all such activities, equipment or plants.
SECTION 84. PROHIBITED ACTS. a) Causing, permitting suffering or allowing the emission of particulate matter from any
source whatsoever including but not limited to, vehicular movement , exportation of
materials, construction, alteration, demolition or wrecking or industry related
activities as loading, storing or handling without giving reasonable precautions to
prevent the occurrence of such condition. Neither shall such person cause of permit
beyond the boundary line of the property from which the emission originates;
b) It shall be unlawful for any person or persons to dump, pile, gather or place any form of trash, garbage and other similar waste materials and burn or set a fire the same on
or along streets, sidewalks, street island, vacant lots, residential areas, public parks,
river banks and other public place within the territorial jurisdiction of the City of
Vigan. Provided however that any burning in relation to cultural, traditional and food
preparation shall be deemed an exemption to this proscription.
41
c) Operating a plant or source at capacities that exceed the limits of operation or capability of a control device to maintain the air emission within the standard
limitations as provided under existing national laws, rules and regulations.
d) Any person, intending to build, erect, install or later any chimney, from or through which air impurities may be emitted, shall obtain a prior approval from the mayor.
This requirement shall not apply for a chimney serving a private residence.
e) Causing, allowing or permitting the discharge of air pollutants that cause or contribute to an objectionable odor.
SECTION 85. REGULATION OF CARBURETED TWO-STROKE ENGINES BY
TRICYCLES-FOR-HIRE IN VIGAN CITY (Ordinance No. 8, Series 2006) - The City
Government shall implement an air quality control action by regulating the Tricycles for Hire
presently holding franchises from the Sangguniang Panlungsod using the carbureted two stroke
engines to be retrofitted with Direct Injection Technology or other technology that will serve the
purpose of this code or be decommissioned and replace the carbureted two stroke with models
utilizing four-stroke engines.
Provided that, these products should pass the accepted quality of standard setforth by the
Bureau of Product Standards of the Department of Trade and Industry. Provided further, that
these products must pass the current level of emission standard on hydrocarbon set by the
Department of Environment and Natural Resources through the Environmental Management
Bureau.
SECTION 86. ADMINISTRATIVE PROVISIONS:
a) All Tricycle for Hire franchise holders are required to either be retrofitted with Direct Injection Technology or be decommissioned and replaced with models utilizing Four-
Stroke Engines or be allowed to use other technology that is acceptable to the City of
Vigan preferably accredited by national agencies concerned with the environment
b) The Committee on Transportation of the Sangguniang Panlungsod will determine an orderly and staggered schedule of all Tricycle for Hire franchise holders to come into
compliance with the provisions of this Code, and will notify all Tricycle for Hire
franchise holders at least thirty (30) days prior to their individual compliance dates.
SECTION 87. ASSISTANCE: The City Government of Vigan shall arrange for low-interest
loans from third parties or may seek grants to finance the conversion of all owners of Tricycles
for Hire who shall retrofit their motorcycles with Direct Injection Technology or other
technology or who opt to decommission their existing two-stroke engines and replace them with
four stroke models that will serve the purpose of this Code as provided for in Section 86 hereof.
SECTION 88. IMPLEMENTATION AND ENFORCEMENT: The Chief Executive of the
City of Vigan will promulgate appropriate Implementing Rules and Guidelines pertaining to this
regulation, and their franchises be revoked only in accordance with the procedures setforth by
the Sangguniang Panlungsod.
This regulation of the use of two-stroke engines shall only be implemented upon the
availability of financial resources as stated in Section 88 hereof.
SECTION 89. SMOKE BELCHING VEHICLES. All smoke belching vehicles are hereby
prohibited to ply or operate along the thoroughfares within the city.(n)
The current emission standards set by the DENR-EMB shall be used as basis of
apprehension. Vehicles whose emission is greater than the said standard shall be apprehended
and penalized accordingly.
42
SECTION 90. EMISSION TESTING PROGRAM. There shall be a roadside emission testing
program of the city government for trucks, jeepneys and other vehicles travelling in the City of
Vigan.
Guidelines and procedures of the same shall be determined by the Environmental Council
created herein.
SECTION 91. TREE PLANTING PROJECT. There shall be an annual tree planting and
pocket gardening project of the City Government preferably (during the environmental month)
within the poblacion and outlying barangays of the city to promote green space and the removal
of suspended particulate. (n)
SECTION 92. REGULATING SMOKING IN PUBLIC PLACES - Smoking shall be
absolutely prohibited in the following public places (Ordinance No. 16, Series of 2005):
a) Center of youth activity such as playschools, preparatory school, elementary schools, high
schools, colleges and universities, youth hostels and recreational facilities for persons
under eighteen (18) years old shall include, but are not limited to, playgrounds;
b) Elevator and stairwells;
c) Locations in which fire hazards are present, including gas stations and storage areas for
flammable liquids, gas explosives or combustible materials;
d) Within the buildings and premises of public and private hospitals, medical, dental, and
optical clinics, health centers, nursing homes, dispensaries and laboratories;
e) Public conveyances and public facilities including airport and ship terminals and train and
bus stations, restaurants and conference halls, except for separate smoking areas;
f) Food preparation areas shall include areas where food or beverage is actually being
manufactured or prepared, and;
g) Inside the premises of the Vigan City Hall (n)
SECTION 93. EXEMPTION: SMOKING BAN IN PUBLIC CONVEYANCE. The absolute
ban on smoking in public conveyances referred to in the preceding section shall not apply to inter
island vessels, where smoking areas have been designated; Provided, said designated smoking
areas conform with the specification/s set forth with this code.
SECTION 94. DESIGNATION OF SMOKING AND NON SMOKING AREAS- In all
enclosed places that are open to the general public, public and private workplaces, and other
places not covered by Section 68 of this Code, where smoking may expose a person other than
the smoker to tobacco smoke, the owner, proprietor, operators, possessors, managers or
administrators of such places shall establish smoking and non smoking areas. Such areas may
include a designated smoking area within the building, which may be in an open space, or a
separate area with proper ventilation, but shall not be located with in the same room that has
been designated as a non-smoking area.
SECTION 95. STANDARDS FOR DESIGNATED SMOKING AREA – The owners,
proprietor, operators, possessors, manager or administrators of establishments not covered by
section 69 of this Code shall determine the size and specifications of the smoking and non
smoking area; Provided the following standards shall be observed;
a) The designated smoking area other than in an open space shall be completely enclosed
or physically separated from the rest of the premises and equipped with adequate
ventilation in conformity with the provisions of Presidential Decree No. 1096, otherwise
known as the “National Building Code”, and the Philippine Society of Mechanical
Engineers Code;
b) Separation of the designated smoking area other than in an open space shall be
affected through any of the following means;
i. The designated smoking area must be fully separated from smoke free area by
continuous floor to ceiling or floor to floor solid partitions which are interrupted
only by doors equipped with door closers, and which must be constantly closed
except when a person is entering or exiting the area; or
43
ii. The designated smoking area must be set apart, enclosed or confined by means
other than those described in Section b.1 above: Provided, that said means shall
enable compliance to air quality standards set forth in the National Building Code
and the Philippine Society of Mechanical Engineers Code..
SECTION 96. SIGNAGE OF DESIGNATED SMOKING AREA AND NON SMOKING
AREA – All designated smoking areas shall have at least one (1) legible and visible sign posted
saying “SMOKING AREA” or “NO SMOKING AREA”, in English and or in Filipino, for the
information and guidance of all concerned. The sign shall be placed conspicuously at the
entrance to the designated smoking area which shall be 297 x 210 mm in size. In addition, the
sign or notices shall include a warning in English or Filipino or in the local dialect about all ill
effects of both direct and secondary exposure to tobacco smoke. This signage shall be mandatory
for hospital, clinics, and similar establishments. Said warning may be in any of the following;
GOVERNMENT WARNING: CIGARETTE SMOKING IS DANGEROUS TO YOUR
HEALTH (Babala: Ang Paninigarilyo ay Mapanganib sa Iyong Kalusugan ) or (Pakdaar: Ti
panagsigarilyo ket makadadael iti salun-at)
GOVERNMENT WARNING : CIGARETTES ARE ADDICTIVE ( Babala: Ang Sigarilyo ay
Naka-ka-Adik) or (Pakdaar: Ti sigarilyo ket makapa-adik)
GOVERNMENT WARNING : TOBACCO SMOKE CAN HARM YOUR CHILDREN
(Babala: Ang Usok ng Sigarilyo ay Mapanganib sa mga Bata) or (Pakdaar: Ti asok ti sigarilyo
ket makadadael ti salun-at daguiti ubbing)
GOVERNMENT WARNING : TOBACCO SMOKE KILLS: (Babala: Nakakamatay ang usok
ng Sigarilyo) or (Pakdaar: Ti asok ti sigarilyo ket makapatay)
Under any circumstances shall any mark, device , word or image associated with any
tobacco company or product be included in any of these signs and materials. Non smoking areas
shall likewise have at least one (1) legible and visible sign posted saying “NON SMOKING
AREA” OR “NO SMOKING “and these signages shall be mandatory for hospitals, clinics and
similar establishments
SECTON 97. ADMINISTRATION AND AUTHORITY TO INSTITUTE ACTION - The
City Engineer’s Office are task to inspect and certify the appropriateness of the designated
smoking areas provided by service establishments taking into consideration that it must be
equipped with proper ventilation of that area” by placing an exhaust fan to an enclosed place. To
effectively implement these provisions, the local chief executive upon the recommendation of
the City Engineer’s Office is authorized to institute criminal proceedings against the violators of
this Code.
CHAPTER IX
MINERAL RESOURCES
SECTION 98. OBJECTIVE. The City Government shall adopt plans and programs that will
prevent results of unregulated mining and thwart further soil erosion and deterioration of city
waters and mineral resources
SECTION 99. REGULATORY PROVISIONS.
1. It shall be unlawful for any person, natural or juridical to undertake any quarrying activities and mining of minerals within the territorial jurisdiction of Vigan City except
in cases, where the local chief executive shall have issued a permit to any applicant who
shall have strictly complied with the requirements herein provided,:
2. Prior to extraction (quarrying or mining) , all permittees, shall be required to secure business permit and pay a tax as prescribed in the Vigan Revenue Code as amended;
44
3. No extraction or removal of materials shall be allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply,
historical sites and any public or private works or structures, unless prior area clearance is
obtained.
4. No extraction or removal of materials shall be allowed in offshore areas within five
hundred (500) meters distance from the coast and two hundred (200) meters from the
mean low tide level along the beach pursuant to Section 101, DAO 23, Series of 1995
(IRR of RA 7942- Philippine Mining Act)
5. No person, natural or juridical shall be allowed to establish and maintain an artificial reef within a distance of fifty (50) meters from any point of a natural reef (“Kadilian”).
(Ordinance No. 8, Series of 1993)
SECTION 100. REQUIREMENTS FOR QUARRYING/MINING APPLICATIONS:
a. The submission/conduct of a detailed and comprehensive Environmental Impact Assessment (EIA) in accordance with DENR Admin. Order No. 23, Series of
1995 (IRR of the Philippine Mining Act);
b. Location map/Project site plotted on the Topographic map with 1:50,000 scale c. Site Development Plan/Map noting adjacent water bodies (scale:1:10,000) d. Two-year Exploration Work Program
e. Proposed Commercial Production Work Program/Construction and Development
Work Program, whichever is applicable
f. Status of Land/Land Claim i. Certification/evaluation from CENRO/PENRO
ii. Land Title/Tax Declaration/Stewardship Contract
iii. For conflict areas: waiver from other claimants
g. Endorsement from city government with attached resolution including a copy of the documentation of the process in the Sangguniang Pambarangay, Sangguniang
Panlungsod and Indigenous tribal communities in case the area falls within a
certified ancestral land/domains;
h. Zoning Clearance from the City Zoning Officer i. In case the mining claim falls within the forested zone secure a Special Cutting
Permit from the DENR
j. Other requirements prescribed under the IRR of the Philippine Mining Act of
1995 and the Small Scale Mining Law.
SECTION 101. BANTOG CLAY SUSTAINABILITY. The City Government of Vigan
recognizes the importance and protection of its natural heritage identified in the cultural
mapping project of the City. The Bantog Clay, a non-metallic mineral source which is the main
material in making burnay, red clay products and bricks, has been identified as one of Vigan’s
Natural Heritage.
Relative to this, the Environment Council of the City of Vigan is hereby authorized under
this Code to formulate/implement measures to ensure its sustainability.
CHAPTER X
POLLUTION MANAGEMENT CONTROL
Article A – Visual Pollution Management
45
SECTION 102. REGULATING THE INSTALLATION AND MAINTENANCE OF
ELECTRIC, CABLE TV, TELEPHONE AND OTHER TELECOMMUNICATION
FACILITIES IN PUBLIC STREETS AND PLACES IN VIGAN CITY (Ordinance No. 11,
Series of 1996). The following are the administrative provisions:
a) No person, firm or corporation shall install and maintain transmission wires,
cable, transformers, poles, towers and the like along public roads and places for the
operation of electric service, cable TV, telephone and other telecommunication service
without first securing a city permit therefore from the City Engineer.
b) In addition to the requirements prescribed in the National Building Code (PD
1096), the Philippine Electrical Code as adopted pursuant to Republic Act No. 184, and
other applicable laws, transmission cables, poles, towers, transformers, wires, lines for
the operation of electric service, cable TV, telephone and other telecommunications
services along public roads and places in Vigan shall be installed and maintained
following the latest standard of designs to safeguard public safety, convenience and good
viewing or aesthetics so as not to cause visual pollution.
c) There shall be levied fee to be paid by any person, firm, corporation seeking to
install and maintain facilities as defined in herein at the rate provided for in the Vigan
Revenue Code as Amended (a).
d) The Ilocos Sur Electric Cooperative (ISECO) pursuant to PD 269 is hereby
exempted from the payment of the service fee herein prescribed provided that it complies
with the provisions of Section 76 (b) hereof and provided further that it shows proof of
compliance with the Cooperative Code.
SECTION 103. REGULATING THE DISPLAY OF SIGNS – The following are the
prohibited acts: (Ordinance No. 1, Series of 2007)
a) The display or posting of streamers in the City of Vigan is hereby prohibited, except in the areas specified in Section 80 (Display Areas) hereof or in such
other areas as maybe designated by the City Government of Vigan.
b) No signage shall be displayed, posted, or pasted within the territorial jurisdiction of the City of Vigan without first securing the approval from the
Office of the City Mayor.
c) No signage shall be displayed, posted or pasted on the exterior of any house or establishment and its perimeter fences within the core zone of the City of
Vigan as defined hereof, including election propaganda, save for signages of
establishments with the prior approval of the Vigan Conservation Council
(VCC);
d) The following named signs are prohibited and shall not, at all times, be erected or displayed within the jurisdiction of the City of Vigan:
i) Abandoned Signs
ii) Flashing Signs
iii) Moving Signs
iv) Portable Signs
v.) Roof Signs
vi.) Vehicle Signs including trailer mounted signs
vii. ) Signs Painted Directly On Walls
viii.) Billboard signs that are bigger than 4’ x 8’ (four feet by eight feet).
ix) Structures not exceeding the size herein provided shall first secure a
building permit from the Vigan City Engineering Office. A billboard shall
be one sign board at a given place and time.
x) Any sign or sign structure which by reason of size, location, content,
coloring, or manner of illumination, obstructs the vision of drivers, or
obstructs or detracts from the visibility or effectiveness of any traffic
control device.
46
xi.) Any sign or sign structure which by reason of size, location,
content, coloring, or manner of illumination, obstructs free access to or
egress from, or obscures the visibility of a fire escape, door, window, or
other required exit.
xii. Any sign or sign structure which by reason of size, location,
content, coloring, or manner of illumination, constitutes a hazard to public
health or safety.
xiii. Any projecting or ground business or commercial sign outside the
core and buffer zones shall have a maximum distance of 1 (one) meter
from the wall line over the street.
xiv. Any act of nailing of any form of signages on trees.
SECTION 104. EXCEPTIONS - The prohibitions in the preceding Section shall not cover the
following:
a) The following named signs will not require a permit unless the sign is illuminated:
i. Residential Directional Signs
ii. Window Displays
iii. Flags
iv. Holiday Decorations
v. Traffic Control Signs
b) Signs displayed in a place where a business activity is conducted or products are sold, or where a professional holds office, except those signboards, billboards and other
forms of advertisement displayed in the Heritage Area as prescribed by Section 77
hereof and as prescribed in the Conservation Code.
c) Special events and public announcements or notices sponsored or approved by the City Government of Vigan.
SECTION 105. Signs such as streamers or any sign temporary in nature, of stores and other
establishments shall only be allowed for thirty (30) days. The General Services Office (GSO) of
the City Government shall cause the removal of such temporary signs after the lapsed of the
period herein so stated.
SECTION 106. Display Areas for STREAMERS in the City Proper (Barangays 1 to 9) shall be displayed or posted only in the following areas:
a) Pagburnayan, on Gomez Street after Ayusan Norte Welcome Arc;
b) Intersection of Quirino Blvd. & Florentino Street, particularly the northern portion
of the intersection.
c) Intersection of Quirino Blvd. & Rivero Street, particularly the southern portion of
the intersection;
d) Jose Singson Street before the entrance to the terminal;
e) Intersection of Liberation Blvd. and Quirino Blvd., particularly on the eastern
portion of the intersection;
f) On Jose Singson Street, east of “Simbaan a Bassit” or the Catholic Cemetery;
g) Intersection of Rizal and Burgos Streets, particularly the southern part of the
intersection;
h) Other than the above areas, the location of the display areas for streamers shall be
upon the discretion and approval of the Office of the City Mayor.
The exact location within the aforesaid areas however, shall be determined and upon the
approval of the City Government of Vigan. The duration of the display or posting shall likewise
be prescribed by the Business Permits and Licensing Division of the City Government with a fee
provided for in the Vigan Revenue Code as Amended.(a)
47
SECTION 107. ELECTION PROPAGANDA. These shall be confined to official posting
areas as may be prescribed by the Commission on Elections (COMELEC) and the City
Government of Vigan. National candidates shall post a bond in the amount of Ten Thousand
Pesos (P10,000.00) and Local candidates shall likewise post a bond in the amount of Five
Thousand Pesos (P5,000.00) at the City Treasurer’s Office and secure a posting permit from the
General Services Office (GSO). The bond may be refunded within thirty (30) days after Election
Day upon certification by the GSO that a candidate’s election propaganda have been properly
disposed of. Otherwise the bond shall be forfeited in favor of the City Government to defray the
cost of post - election clean-up.
SECTION 108. Signages containing words of foreign characters, symbols or alphabets should
be translated in the universal language which shall be the English Language.
B. Water and Land Pollution Management
SECTION 109. RULES AND REGULATIONS IN GOVERNING HOG AND POULTRY
RAISING. (Ordinance No. 10, Series of 1993 and Ordinance No. 12, Series of 1996)
a. Hog and Poultry raising are strictly prohibited in the urbanized areas of Vigan.:
Provided that before any poultry or piggery pen will be constructed, a locational
clearance from the Building Official of the City shall be issued stating therein that the
applicant complied with the standards set forth herein.
b. Hog and poultry raisers shall ensure environmental sanitation through proper waste
disposal. Pigs and chicken manure shall be collected and treated in a well managed
compost pit while water waste for washing the pigpen or poultry wastes in garbage
receptacles or anywhere other than then compost pit, is strictly prohibited;
c. All hogs and chicken raisers shall register to the Barangay Captain who shall likewise
register these to the City Agriculture Office for proper monitoring and for proper animal
care services, respectively;
d. Hog and chicken raising are strictly prohibited in commercial centers;
e. Commercial poultry and hog raisers shall at all times ensure and maintain
environmental sanitation through proper waste management. Except for the chicken
dropping which may sold as fertilizer, hog and poultry raisers shall dispose of their waste
through septic tank and/or subsurface absorption field and shall adopt such other
measures necessary for the protection and promotion of health of persons occupying the
premises and other persons living nearby.
Article C. Noise Pollution
SECTION 110. GENERAL PROVISIONS. To protect the general welfare and public health
against nuisance caused by excessive noise, the following measures shall be implemented:
a. Building, construction, digging equipment, stationary engines, factories, Restaurants, pub houses, karaokes are hereby prohibited to create unnecessary noise which would
result in ambient noise level higher than the ambient standards; and
b. Wanton firing of guns and other noise creating gadgets.
SECTION 111. PROHIBITED ACTS
a. Building, erecting, constructing, installing or implanting any new source; operate, modify, or rebuild an existing source; or by any means cause or undertake any
activity which would result in ambient noise level higher than the ambient
48
standards. Neither shall such person emit or cause to emit or suffer to be emitted
noise greater in volume intensity or quality than the levels prescribed by the
DENR for tolerable noise without first securing a clearance from the City Mayor,
and;
b. Causing or permitting the creation of any unnecessary noise through the use of any device on any street adjacent to any hospitals, schools, or courts of justice.
CHAPTER XI
INTEGRATED SOLID WASTE MANAGEMENT
SECTION 112. PURPOSE AND OBJECTIVES .
a. To promote and enhance technological, educational economic and social efforts to
prevent environmental damage and unnecessary loss of valuable resources; through
recovery, recycling and re-use of wastes and waste products; and ecological Solid Waste
management.
b. To provide measures to guide and encourage appropriate government agencies, private
enterprises, and individuals in establishing systematic, comprehensive and ecologically
sustainable waste management.
c. To promote and protect the health, safety, peace, convenience and the general welfare
of inhabitants in the city;
d. To ensure the round the clock cleanliness in the city, through an orderly waste
management;
e. To eradicate the unsightly, uncovered and overflowing waste containers, in streets, public places, open spaces and the indiscriminate dumping of garbage on river banks,
“esteros”, sewage canals and other channels;
f. To guide, control and regulate the generation, segregation, collection transportation and disposal of solid waste within the locality and promote an orderly and sanitary
system for the same;
g. To put an end in the practice of using open dumpsite, which serves as breeding places of harmful insects causing diseases, foul odor and harmful gases which contribute to
global warming and thinning of the “Ozone Layer”, generates leachate which pollute
soil and water resources, and creates unhealthy scavenging activities in the area;
h. To prevent pollution from harmful gases produced by needless burning/ incineration and polluted run-off of hazardous substance into water supply/sources; and
i. To minimize generation of solid waste going to the city controlled dumpsite/ landfill
and maximize possible resource recovery, recycling, composting and utilization by:
a. Encouraging the salvaging of possible recoverable elements from solid wastes for re-use, and recycling back to production process;
b. Encouraging the recycling and resources recovery of waste in households through backyard composting and bio-gas production;
c. Encouraging non-government organizations and the private sector
participation in solid waste management, and;
d. Providing assistance and cooperation in every Barangay and in the disposal site.
49
SECTION 113. COVERAGE - The provisions of this chapter shall apply to all solid waste
generators such as residential houses, commercial and industrial establishments, institutions like
hospitals, schools (Public and Private) churches, public and private offices, other establishment
of any kind and agricultural areas that are within the jurisdiction of the City of Vigan.
SECTION 114. MANDATORY SEGREGATION AT SOURCE (Ordinance No. 14, series of
2003)
a) Residential Areas
i. All household or any solid waste generator/s residing within the
territorial jurisdiction of the City of Vigan shall mandatorily segregate its solid
waste into biodegradable/compostable; non-biodegradable/recyclable; and special
waste/non-recyclables.
ii. Segregated solid wastes shall be properly placed in a clear plastic
bag/sack stored within the premises of the solid waste generator and be placed
immediately beside the fence of the house or on designated areas within the
neighborhood only during the specified collection day and hour. Other methods
maybe resorted for easier compliance of waste segregation by the barangay
captains and GSO, subject to the approval of the City Solid Waste Management
Board.(a)
iii. Public thoroughfares and grounds in front or in the vicinity of
residential houses shall be kept clean and tidy by the owner or lessee of the
house/building at all times.
iv. Trees, shrubs and other vegetation within the vicinity of residences
shall be regularly cared for and maintained to minimize generated yard waste and
unpleasant sight.
v. The barangay officials shall be responsible in implementing
mandatory segregation at source in their own jurisdiction. They shall ensure the
efficient management of solid waste generated and shall be primarily responsible
for the implementation and enforcement of the provisions of this Code and RA
9003 within its jurisdiction.
b) Commercial and Business Areas: (Including markets/agoras)
i. All business and commercial establishments located within the
territorial jurisdiction of the City of Vigan shall mandatorily segregate its solid
wastes into biodegradable/compostable; non-biodegradable/recyclable; and
special waste/non-recyclable.
ii. The owner or the head in charge of the business/commercial
establishment shall ensure that segregated solid wastes shall be properly placed in
a clear plastic bag/sack stored within the premises of their establishment. Other
methods maybe resorted for easier compliance of waste segregation by the
barangay captains and GSO, subject to the approval of the City Solid Waste
Management Board
iii. The said segregated solid wastes shall be placed immediately
beside or infront of their establishment only during the specified collection day
and hour,
50
iv. The lobby fronting sidewalks and immediate grounds of
commercial establishments shall be maintained clean and presentable by owner,
lessee or head in charge of the establishment.
v. The fronting sidewalks and immediate areas of stalls/open spaces
of markets/agoras shall be kept clean and orderly by the lessee of said stall/ space
at all times.
vi. All vendors within the Vigan Public Market whether regular or
ambulant and all industrial and commercial establishments as well as the
homeowners in the City of Vigan are required to put and install adequate and
sufficient covered trash receptacle within the vicinity of their private property or
business establishment. Garbage or trash must be transferred to clear bags or
sacks sufficiently tied and ready for pick-up disposal. Garbage bags not properly
tied shall not be picked up.
c) Industrial and Institutional Areas
i. All industrial establishments and institutions located within the
territorial jurisdiction of the City of Vigan shall mandatorily segregate its solid
wastes into biodegradable/compostable, non-biodegradable/recyclables and
special waste/non-recyclable.
ii. The owner or head in charge of the industrial establishment or
institution shall ensure the proper segregation and hygienic storage of generated
solid wastes.
iii. The owner or head in charge shall ensure the cleanliness,
orderliness of its facilities, yards and its fronting sidewalks and street and notify
all those working in the premises the provisions of this code.
iv. Hazardous waste (chemical, pathological, biological and radiological)
produced by clinics, hospitals, funeral homes and other similar establishments
shall be stored in yellow plastic bag.
d) Agricultural Areas (Including livestock farms)
i. Homogenous agricultural waste such as rice straws, corncobs, leaves,
animal manure, etc. shall be properly stockpiled by the concerned farmer.
e) Hazardous waste (chemical, pathological, biological and radiological) produced
by clinics, hospitals, funeral homes and other similar establishments shall be
managed in accordance to applicable laws, guidelines, rules and regulations of
the Environment Management Bureau under the Department of Environment and
Natural Resources (DENR), Department of Heath (DOH) and Philippine Nuclear
Research Institute (PNRI) under the Department of Science and Technologies
(DOST).
SECTION 115. WASTE PROCESSING AND RESOURCE RECOVERY (Ordinance No.
14, series of 2003)
a) Residential Areas
i. Segregated recyclable wastes shall be properly stored before
collection. The recyclables shall be collected separately and brought to the Vigan
Solid Waste Management Center, or other recycling centers, eco-centers or junk
dealers or at the Barangay Materials Recovery Facility;
51
ii. Food and kitchen wastes generated in areas not covered by the
existing collection route shall be collected as fodder or feeds for animals. Those
portion that are not suitable as fodder shall be composted in the resident’s
backyard;
iii. Residents shall avoid open burning and dumping of solid wastes
and adopt the re-use and recycling practice.
b.) Commercial and Business Areas
i. Segregation of wastes from commercial/business areas shall be
mandatory prior to the issuance or renewal of business permits;
ii. Market/agoras shall adopt a segregation scheme that will facilitate the
segregation of bio-degradable waste from non-biodegradable waste;
iii. Food waste from commercial areas (e.g food centers like carinderias,
restaurants, canteen, etc.) shall not be disposed to sewers.
c.) Industrial and Institutional Areas
i. In industrial establishments segregation of bio-degradable and non-
biodegradable waste shall be performed to avoid foul odors and proliferation of
flies and other insects carrying communicable diseases.
ii. Public and private schools shall adopt appropriate resource recovery
and recycling strategies and it shall be included in their educational curriculum.
d.) Agricultural Areas
Agricultural waste (e.g. rice straw, corncobs, etc.) shall not be burned but
shall be stockpiled in a proper location and composted, animal manure can also be
composted or utilized for bio-degradable production.
SECTION 116. COLLECTION AND TRANSPORTATION OF SOLID WASTE (Ordinance No. 14, Series of 2003.)
a. Residential Areas
i. The concerned residents shall ensure that the solid wastes are brought
out in front of their gates/doors and/or along the collection route of the collection
vehicle/cart during the collection day and hour.
ii. They shall report to the City general Services Officer for any
uncollected waste within the vicinity of residence.
iii. Collection shall be separate for each general type of solid waste,
biodegradable waste, non biodegradable/recyclable waste; non-recyclable and
special waste.
iv. Only properly packed segregated solid waste shall be collected by the
collection crew using different modified garbage trucks of the City Government
or accredited collection trucks/vehicles of the barangay strictly following
collection schedules set by the City Solid Waste Management Board: (a)
v. Households, commercial establishments and institutions are allowed to
bring out their waste conspicuously in front of their premises on the said
collection hours only.
52
vi. Solid waste including recyclable items, once collected and put into the
collection equipment by the collection crew, become the property of the City
Government. Unauthorized removal of recyclable material intended for collection
is hereby prohibited. Scavenging, sorting and selling of recyclable materials by
the collection crew shall not be allowed at all times.
vii. City employees/personnel directly dealing with solid waste collection
are the only persons allowed to handle solid waste from the generators. They shall
be equipped with personal protective equipment and shall wear proper uniforms
and ID’s issued by the City Government at all times.
viii. Collection of solid wastes must be strictly done in manner which
prevents damage to containers, spillage or scattering of solid waste within the
collection vicinity.
ix. Collection trucks/vehicles must be covered properly with “trapal” or
“tolda” when transporting collected solid waste to the Vigan Solid Waste
Management Center.
x. All collected solid waste shall be transported directly to the Vigan Solid
Waste Management Center (VSWMC) for resource recovery, processing and final
disposal purposes.
xi. The City Solid Waste Management Board shall determine and
implement the most appropriate handling, storage, collection and transportation of
the segregated solid waste to effectively and efficiently implement the solid waste
management program of the city.
b. Commercial and Business Areas
i. The owner/head in charge of any commercial and business establishment shall be
responsible for the timely positioning of properly packed segregated solid wastes during
collection days and hours as stated in Section 117a (iv)(v) (schedule and time of
collection) . He/she shall likewise assist whenever necessary in the sanitary means of
loading waste for collection purposes.
ii. They shall report to the City General Service Office the collection of
uncollected solid waste and other related matters.
iii. Bio-degradable/compostable solid waste coming from the business
establishments within the Vigan public Market shall be collected daily. Non-
biodegradable/recyclable solid wastes and non-recyclables/special wastes shall be
collected as stated in Section 117a (iv & v)
c. Industrial and Institutional Areas
i. The owner/head in charge of any industrial and institutional establishment shall
assist the City General Services Office in the orderly and sanitary way of collecting and
transporting its solid wastes.
ii. The collection and transportation of any hazardous wastes shall be duly
coordinated with the government agencies, Environmental Management Bureau of the
Department of Environment and Natural Resources (DENR), Department of Health
(DOH), Philippine Nuclear Research Institute (PNRI) concerned with said type of wastes.
SECTION 117. DISPOSAL OF SOLID WASTES (Ordinance No. 14, series of 2003):
a. Residential, Commercial, Institutional Areas
53
i. The final disposal facility of all collected segregated solid wastes of the City
shall be located at the Vigan Solid Waste Management Center (VSWMC).
ii. No more than the collection trucks of the city or the accredited collection
truck/vehicles of the Barangay (operated by the Barangay SWM Committee) are
allowed to transport their segregated solid wastes during the specified collection
days and hours at the VSWMC for resource recovery and final disposal.
iii. Incineration or open burning of solid waste shall be prohibited. Residual
wastes after resource recovery, recycling and composting shall be disposed at the
VSWMC. However, traditional small scale method of community/neighborhood
sanitation “siga”, traditional, agricultural, Cultural, health and food preparation
shall not apply to this prohibition. (RA 8749)
iv. Hospital wastes especially pathological wastes shall be sanitized and be
disposed in accordance with existing laws and DOH rules and regulations.
v. Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, vacant lots and establishment; and to any
bodies of water, such as rivers and seas, or causing or permitting the same is
hereby prohibited.
vi. The City Mayor shall issue or revoke “Permit to Dispose Solid Wastes” at
VSWMC to any requesting Barangay Solid Wastes Management Committee of
any Barangay within the territorial jurisdiction of the City not covered by the
existing collection route satisfying all existing ordinance, laws or any regulations
on solid waste management.
vii. Permit to dispose solid wastes issued can be revoked anytime due to violation
of existing laws, ordinances or regulations on solid wastes management.
ix. Scavengers shall not be allowed at the Vigan Solid Waste Management
Center.
x. Toxic, hazardous and health care waste shall be treated by EMB/DENR
accredited waste treaters and shall be disposed of in accordance with RA
6969 (Toxic and Hazardous Waste Management Act) at the expense of
the management of the clinics, hospitals, funeral homes and other similar
establishments.
Other methods maybe resorted for easier compliance of hazardous
and infectious waste disposal subject to the approval of the City Solid
Waste Management Board.
b. Industrial Wastes
All Hazardous Wastes shall be disposed in accordance with the laws,
rules, regulations and guidelines of the concerned national agencies like the
Environmental Management Bureau of the Department of Environment and
Natural Resources (DENR), Department of Health (DOH), Philippine Nuclear
Research Institute (PNRI) and others.
SECTION 118. INCENTIVES – Monetary Rewards or otherwise, shall be given to individuals,
Private Organization and entities, including Non-Government Organization, that have
undertaken outstanding and innovative projects, technologies, processes, and techniques or
activities in re-use, recycling and reduction of wastes.
54
Incentives schemes are provided under Chapter IV, Section 45, Paragraph A, B and C of
R.A 9003, the Ecological Solid Waste Management Act of 2000.
SECTION 119. GENERAL CLEANLINESS IN PUBLIC PLACES (Ordinance No. 17,
Series 2002):
a) The dumping of carcasses of dead animals such as dogs, pigs, cats, and rats among
others in drainages, canals, rivers and other waterways is strictly prohibited. These
carcasses shall be disposed off by burying the animals in backyards.
b) Urinating and defecating in all public places within the City of Vigan is strictly
prohibited.
c) Open spitting and nose blowing within the premises of government building including
public places and inside public utility vehicles are strictly prohibited.
d) All open loading trucks and other heavy vehicles loaded with sand, gravel, hollow
blocks, garbage and other materials that may litter the streets of Vigan are required to
place appropriate coverings over the materials being transported.
e) Motor shops, repair shops and private garages of automotive vehicles are required to
provide receptacle cans for storage and recycling purposes of used motor oil. It is also
strictly prohibited to dump used motor oil in canals, waterways or any unauthorized area.
f) All public utility vehicles including school service vehicles, operating within the City
of Vigan are required to have within their vehicles waste can, trash bin, plastic bag or
other garbage receptacle for use by their passengers. A “No Littering” sign shall also be
posted in a conspicuous place near the waste can, trash bin or plastic bag receptacle.
g) The throwing of papers, cigarette butts, and other refuse in areas not usually used as a
garbage receptacle, pit or dumping place within the City of Vigan is hereby prohibited.
(Ordinance No. 1, Series of 1991)
h) All drivers of all animal drawn vehicles are required to install receptacles within their
respective vehicles in order to collect the manure of their animals. (Ordinance No. 2,
Series of 1988)
SECTION 120. DEPUTIZED SOLID WASTE MANAGEMENT OFFICER
a. The City Solid Waste Management Board (CSWMB) shall deputize any person or
Barangay Official as Deputized Solid Waste Management Officer (DSWMO) to
assist in the implementation of the provisions of this code;
b. There shall be at least one Deputized Solid Waste Management Officer
designated in every barangay of the city;
c. THE CSWMB shall define the powers, functions and responsibilities of DSWMO
and formulate its guidelines and procedures in appointing DSWMO;
d. All DSWMO must undergo orientation-seminar on the provisions of this Code
and Solid Waste Management Training prior to their appointment.
e. The Office of the City Treasurer shall provide and issue necessary Citation Tickets to all authorized personnel and deputized officers of all the barangays
SECTION 121. The Barangay Councils of the City of Vigan shall actively participate and are
tasked with the implementation of the provisions of this code in their respective barangays.
CHAPTER XII
55
ECO-TOURISM MANAGEMENT
SECTION 122. COMMUNITY-BASED ECOTOURISM. Upon effectivity of this code, the
City Mayor shall establish and support Community-based Ecotourism. It has the following
objectives :
1. To help preserve ecosystems and natural areas (usually already within protected areas) with a high tourism potential;
2. To cultivate environmental consciousness among the local population by educating them about the dangers of overexploiting resources and unrestricted number of tourists;
3. To promote new economic incentives, e.g. selling of local (environmentally safe) products, crafts, and cultivated medicinal plants thereby create some entrepreneurial
skills;
4. To ensure communal ownership and control, and that part of the profits flow into community development programs rather than into personal enrichment; and
5. To foster a feeling of pride and community through a revival or preservation of “traditional” practices and cultural techniques.
SECTION 123. ECO-TOURISM DEVELOPMENT PLAN
The City Government of Vigan, the City Mayor together with the Sangguniang
Panlungsod and in coordination with National government agencies/offices, non-government
organizations and private sector representations shall formulate the City Eco-Tourism
Development Framework to:
a. Regulate and control the growth of economic activities in the City through the implementation of the framework with the approval of the City Mayor and the
Sangguniang Panlungsod. Provided, that said plan shall be disapproved if and
when the potential revenues to be generated amounts to be less than ten (10)
percent over and above the total estimated city investments;
b. Identify and prioritize tourism zones and areas for development in consideration of the ecology, market potential infrastructure investment requirements, economic
viability, strategic position for expansion and community participation. The
determination of such areas shall be subject to the recommendation of the
Sanggunian Panlungsod after consultation with the affected barangay with the
approval of the Mayor;
c. Preserve places, sites or areas of archeological. Cultural and/or historical value of importance;
d. Elicit people and community participation in the tourism industry through the conduct of public consultation/hearing prior to the approval of the tourism-related
facility and activity.
SECTION 124. ECOTOURISM STANDARDS. Any community based tourism project shall
observed the standards in the protection of the ecosystem, maintenance of the physico-chemical
conditions of the area, preservation of local culture and history, infrastructures and signboards
blend with the environment, sustainability and any other standards that maybe provided under
the Tourism Code of the City.
CHAPTER XIII
56
ENVIRONMENTAL INFORMATION AND EDUCATION
SECTION 125. The City government through the VCENRO, public information office in
cooperation with the barangay officials, NGOs and POs shall conduct a massive information
campaign to inform and instruct the public and communicate with the people and all stakeholders
on matters relative to the implementation of the provisions of this code.
Environmental education should not be limited to the direct curtailment of activities and
processes that are inimical to the preservation of environment, but more importantly, it should
educate the people and enable them to react and comply with the purpose of the legislative
measure. The objective of a continuing community education
program is to cultivate environment friendly lifestyles and concretize sustainable use practices
among individuals and industries alike.
CHAPTER XIV
ENVIRONMENTAL IMPACT ASSESSMENT
SECTION 126. GENERAL PROVISION.
All persons, whether natural or juridical, including national government agencies and
local government units, who intend to undertake any program or project which may have
significant impacts on the environment shall undertake environmental impact assessment and
shall disclose all findings in an environmental impact assessment report for public review. The
assessment shall be conducted as early as possible but not later than the feasibility study phase of
the proposed program or project so that the assessment and its findings shall be considered in the
final total design of the program or project.
For purposes of this Code an environmental impact assessment shall be conducted to
identify, forecast and evaluate the future state of the environment as a consequence of a
particular activity and with reference to a comparative assessment of the environment's future
state without the activity. The EIA shall address constraints as well as opportunities to the
environment that the success of the proposed activity may cause, thereby ensuring that expected
benefits are obtained in a sustainable manner or with minimal damage to the environment.
Further, to validate the extent of social acceptability of projects defined under PD 1986 and
provided for in the DENR Admin. Order 37-96, the City Mayor and the Sangguniang
Panlungsod shall fully exercise their powers to ensure that a public hearing shall be conducted as
a condition precedent to the issuance of an ECC.
For projects not covered by the EIA System, including those not required by national
laws to secure ECC shall be subject to an initial environmental safeguards pursuant to DENR
Administrative Order 37-96, Revising DENR Administrative Order No. 21, Series of 1992 to
Further Strengthen the Implementation of the Environmental Impact Statement (EIS) System.
SECTION 127. ENVIRONMENTAL IMPACT ASSESSMENT MONITORING TEAM –
There is hereby created an EIA Monitoring Team which shall be organized and headed by the
Environmental Council of Vigan
SECTION 128. FUNCTIONS OF THE EIA MONITORING TEAM. The team shall monitor
compliance of project Environmental Plans, conditions set by the ECC and permits issued by the
DENR to the project; gather relevant information to determine cause of damage and respond to
public complaints about the project, prepare, integrate and disseminate monitoring status reports;
and undertake community information and education dissemination. Further, the team shall:
a. Participate in the scoping activities; b. Validate scoping sessions as provided in this code;
57
c. Participate in the preparation of EIS document; d. Review the EIA and IIE (define in the definition of terms) e. Participation in public consultation and hearing; f. Participate in law enforcement; g. Conduct regular inventory of establishments h. Submit written monthly report to the City Mayor.
SECTION 129. VALIDATION OF SCOPING SESSIONS. The City Mayor through the EIA
Monitoring Team shall review the documentation of the scoping session and as required by law,
validate its authenticity by signing it. Likewise, the City Mayor shall assist EIA preparers in
identifying the stakeholders who should b einvolved in the scoping sessions.
SECTION 130. PARTICIPATION IN THE PREPARATION OF THE EIS DOCUMENT. The Mayor through the EIA Monitoring Team shall participate in the preparation of the EIS
Document by identifying the potentially affected population, assessing the demands and needs of
the affected population, providing the EIA preparers, articulating the potential impacts which
may affect public interest and ensuring that the proposed project is consistent with the provincial
policies and plans.
SECTION 131. REVIEW EIS DOCUMENTS. The Mayor through the EIA Monitoring Team
shall review the EIS done on the province. Upon recommendation of the team, the City Mayor
may procure the services of experts to validate the findings of the study.
SECTION 132. PARTICIPATION IN PUBLIC CONSULTATION AND HEARING. The
Mayor through the EIA Monitoring Team shall attend public consultation and public hearing on
the conduct of EIA, be informed of new issues which arise and articulate the views and concerns
of the city government.
SECTION 133. LAW ENFORCEMENT. The City Mayor through the EIA Monitoring Team
and the DENR shall work together to enforce the law, including the closure of the
establishments and projects and the prosecution of offenders.
SECTION 134. INVENTORY OF ESTABLISHMENTS. The City Mayor through the EIA
Monitoring Team and the DENR shall conduct an annual inventory of existing establishments
and projects within the city to ascertain whether these have complied with the IEE as required
under this code and the EIA and ECC requirements as defined by law.
SECTION 135. COMPLIANCE FOR PROJECTS NOT COVERED BY THE EIA
SYSTEM. All projects defined under PD 1586 which are proposed to be undertaken in the City
of Vigan including those not required by national law to secure ECC and therefore not covered
by the EIA System pursuant to PD 1586, shall be subject to an initial environmental examination
(IEE), in addition to submissions of additional environmental safeguards pursuant to DENR
Administrative Order 37-96; provided that the Mayor shall issue a circular identifying those
projects not covered by the EIA System which shall be subject to IEE in accordance with this
provision; provided further that the Mayor shall submit his/her proposed measure for legislative
enactment to the Sangguniang Panlungsod including recommendations for sanctions, penalties
and/or charges for violation of this procision, within nine (9) months upon effectivity of this
code.
SECTION 136. ENVIRONMENTAL GUARANTEE FUND. The City Mayor through the
EIA Monitoring Team as provided for in this Code, shall participate in the negotiation and
review of the Memorandum of Agreement (MOA) between the project developer and concerned
parties as prescribed by law for the establishment of an Environmental Guarantee Fund (EGF)
for projects creating significant public risk.
58
CHAPTER XV
FUNDING
SECTION 137. ACCRUAL OF INCOME. Any income for the operation of the MRF-
Composting Plant of the city shall accrue to the General Fund and shall be primarily used for the
operational expenses and possible expansion of the plant and its marketing
CHAPTER XVI
EXECUTIVE-LEGISLATIVE OVERSIGHT COMMITTEE
SECTION 138. A Joint Oversight Committee composed of representatives from the Executive
and Legislative Levels shall be formed who will be responsible in the formulation and
enforcement of the Implementing Rules and Regulations for a more specific, effective and
efficient implementation of the provisions of this code.
CHAPTER XVII
INCENTIVES AND REWARDS
SECTION 139. The City Government of Vigan in coordination with the DENR shall provide
rewards and incentives to any individual, private organization and entities that will be
undertaking environment-friendly projects and programs.
CHAPTER XVIII
PENALTYPROVISIONS
SECTION 140. PENALTIES FOR VIOLATION. Any person or persons who shall violate
any of the provisions of this Code or the rules or regulations promulgated by authority of this Code
shall be punished by a fine of not less than One Thousand Pesos (P1,000.00) nor more than Five
Thousand Pesos (P5,000.00), or imprisonment of not less than one (1) month but not more than six
(6) months, or both, at the discretion of the court.
SECTION 141. PENALTIES FOR VIOLATIONS UNDER CHAPTER XI (Integrated Solid
Waste Management).
i. Any business/commercial establishment, institution, corporation,
partnership or other juridical entity duly organized in accordance
with law, the chief executive officer, president, general manager,
managing partner or such other officer-in-charge shall be liable for
the commission of the offense and be punished with a fine of Two
Thousand Pesos (P2,000.00). Additional Two Thousand Pesos
(P2,000.00) in fine shall be imposed for the second and third
offenses;
59
j. Any business, commercial and industrial establishment and
institution that violates any provision of this code for three times
shall be a ground for revocation of its Mayor’s Permit.
k. The Fines herein prescribed shall be increased by at least Twenty-five percent (25%) every three years to compensate for inflation and
to maintain the deterrent function of such fines.
l. Fines collected shall accrue to the Garbage Collection Fees Trust
Fund of the city and be divided as follows:
50% - City Fund to be used exclusively in SWM Program
25% - Barangay where the violation was committed or where
hension was made to be used exclusively for their Barangay SWM
Program
25% - For the apprehending Person or Official
SECTION 142. PENALTY PROVISION . (Registration of Fishing Vessel)
a. A Penalty of P600.00 shall be imposed on fishing vessels caught without proper registration;
b. For any violation of the provisions of the Fisheries code and other related legislation committed by the license holder as his first offense, a warning shall be issued in
addition to the imposition of corresponding fines and penalties. This shall be recorded
on the license itself. For the second offense, an additional administrative fine in the
amount of P2, 500.00 shall be imposed. Licenses will automatically be revoked if the
holder commits same offense for a third time.
c. Fishing vessels caught not in accordance with the prescribed color as embodied in Province of Ilocos Sur Ordinance NO. 03-08, Series of 2008 shall be fined as
follows:
c.1 For first offense – Two Thousand Five Hundred Pesos (P2,500.00)
c.2 Subsequent Offenses – Five Thousand Pesos (P5,000.00) or imprisonment of not
more than one (1) year or both at the discretion of the court.
c. There shall be an impounding fee for non-registered fishing vessels three (3) gross
tonnage and below, viz:
(1) Five days and below P1,000.00
(2) Six days to ten days 2,000.00
(3) Eleven to fifteen days 3,000.00
Fishing vessels impounded for more than fifteen days not claimed by the owner shall
be deemed cancelled and subject for public auction.
CHAPTER XIX
TRANSITORY PROVISION
SECTION 143. The provisions of this Code shall be fully implemented two (2) years after its
approval. For a more effective implementation of this code, there is hereby created additional
positions at the VCENRO as may be recommended by the Local Chief Executive, subject to the
availability of funds of the city.
60
CHAPTER XX
FINAL PROVISIONS
SECTION 144. SEPARABILITY CLAUSE. Whenever for any reason, any provisions, section
or part of this code is declared not valid by a Court of competent jurisdiction or suspended or
revoked by the authorities concerned, such judgment shall not affect or impair the remaining
provisions, sections or parts which shall continue to be in full force and effect.
SECTION 145. REPEALING CLAUSE. All ordinances, executive orders, proclamations and
administrative regulations, or parts thereof, which are inconsistent with any provisions of this
Code, are hereby repealed or modified accordingly.
SECTION 146. EFFECTIVITY. This Code shall take effect after the lapse often (10) days
from the date of publication in a newspaper of local circulation or after posting of the same in
three (3) conspicuous places in the City.
Enacted on June 01, 2009.
61
ANNEXES:
ANNEX A: STANDARD VESSEL REGISTRATION APPLICATION FORM
Republic of the Philippine
Province of Ilocos Sur
City of Vigan
CITY FISHING VESSEL
REGISTRATION APPLICATION FORM
MFVR NO:
DATE
OWNERSHIP AND DOCUMENTATIONS
TYPE OF REGITRATION
Initial Registration
Issuance of New Certificate of Number (CN)
Re-issuance of Certificate of Number (CN)
FOR CHANGE IN HOMEPORT
PREVIOUS HOMEPORT ORIGINAL CN
OWNER (Family Name, First Name, M.
1.
ADDRESS (No. of Street, Barangay,
Municipality/City, Province)
FOR CHANGE OWNERSHIP
ACQUIRED FROM (Surname, First Name, M.I.)
ADDRES OF PREVIOUS OWNER (No. of Street,
Barangay, Municipality/City, Province)
HOMEPORT
VESSEL TYPE
Non- motorized
Motorized
FOR CHANGE IN TECHNICAL
SPECIFICATIONS
Modified vessel
Admeasurements
New engine
ORIGINAL
AL CN
NAME OF FISHING VESSEL
FOR CHANGE IN NAME OF FISHING VESSEL
ORIGINAL NAME OF FISHING
VESSEL
ORIGINAL
CN
NAME OF BUILDER (Surname, First Name, M.I)
PROPOSED NAME
PLACE BUILT YEAR BUILT OTHERS
I HEREBY CERTIFY THAT ALL
INFORMATION CONTAINED HEREIN IS
TRUE AND CORRECT AND THAT ACTUAL
INSPECTION OF THE FISHING VESSEL WAS
CONDUCTED.
PRINTED NAME AND SIGNATURE OF
ADMEASUREMENTS OFFICER
REMARKS FINDING AND
RECOMMENDATION
NOTED BY:
CITY AGRICULTURIST
62
ANNEX B: CERTIFIED STANDARD ADMEASUREMENTS AND TONNAGE FORM
Republic of the Philippines
Province of Ilocos Sur
City of Vigan
CERTIFIED STANDARD
ADMEASUREMENTS AND TONNAGE FORM
MVFR No.
DATE
OWNER (Family Name, First Nam e, M.I.)
ADDRESS (No. of Street, Barangay,
Municipal/City , Province)
NAME OF FISHING VESSEL
VESSEL TYPE
Non-motorized Motorized
FISHING VESSEL DIMENSIONS TONNAGES
LENGTH (METERS) BREADTH (METERS) DEPTH (METERS)
GROSS TONNAGE
NET TONNAGE
PARTICULARS OF PROPULSION SYSTEM
ENGINE MAKE SERIAL NUMBER HORSEPOWER
PLACE OF INSPECTION DATE OF INSPECTION TIME OF INSPECTION
I HEREBY CERTIFY THAT ALL
INFORMATION CONTAINED
HEREIN IS TRUE AND
CORRECT AND THAT ACTUAL
INSPECTION OF THE FISHING
VESSELS WAS CONDUCTED
PRINTED NAME AND SIGNATURE OF ADMEASUREMENTS
OFFICER
REMARKS FINDINGS AND RECOMMENDATIONS
NOTED BY:
CITY AGRICULTURIST
63
ANNEX C: CERTIFICICATE OF NUMBER
Republic of the Philippines
Province of Ilocos Sur
City of Vigan
OFFICE OF THE MAYOR
CERTIFICATE OFFICIAL NO.
NAME OF FISHING VESSEL VESSEL TYPE
Non-motorized
Motorized
HOMEPORT
THIS IS TO CERTIFY THAT Mr./Mrs. Ms.___________________________________________ of
Barangay___________________, Municipality/ City of _________________________ in the
Province of __________________is the OWNER/OPERATOR of the herein named and described
fishing vessel
FISHING VESSEL DIMENSION AND TONNAGES
LENGTH (METERS) BREADTH (METERS) DEPTH (METERS)
GROSS TONNAGE NET TONNAGE
PARTICULARS OF PROPULSION SYSTEM
ENGINE MAKE SERIAL NUMBER HORSEPOWER
Issued in compliance with RA 8550 and EO and under the provisions of Section ___ of
Municipal/City Ordinance No._____ at_________________ on
________________.
______________________________
City Mayor
Paid under O.R. No.:
____________________
Date:
____________________________________
64
Annex D
Republic of the Philippines
Province of Ilocos Sur
CITY OF VIGAN
( ) NEW
( ) Renewal
FISHERFOLK’S REGISTRATION FORM
Name of Fisherman: ______________________________________________
(Last) (First) (Middle Initial)
Address: ________________________________________________________
(No./Street/Barangay/City Province)
Age: ___________ Date of Birth: _________ Place of Birth: ________________
Sex: ( ) Male ( ) Female Blood Type______________________
Civil Status: ( ) Single ( ) Married ( ) Widow/Widower ( ) Separated
Name of Spouse: _____________________ Occupation :____________________
Area:
( ) fish coral _______ sq.m. ( ) meter deep fish coral
( ) fish pen ________ s.q.m. ( ) catching “bangus” fry or
( ) fish cage________ s.q.m. “kawag-kawag”
( ) fish pond ________ s.q.m.
( ) oyster culture bed ____ sq.m.
Type of water: ( ) brackish Location_______________________
( ) freshwater
Type of Fishing Gears Used: ______________________________________________
Other Source of Income: _________________________________________________
I HEREBY CERTIFY that the information given above are true and correct to the best of my
knowledge.
__________________________
Fisherrman
_____________________________
Barangay Captain
Verified by:
________________________
Agriculture Technician
________________________
FiAs President
65
(Sgd.)
FRANCISCO P. RANCHES, JR.
City Vice Mayor & Presiding Officer
(Sgd.) LOURDES DG BAQUIRAN. AUDIE Q. AGDAMAG
Sangguniang Panlungsod Member Sangguniang Panlungsod Member
(Sgd.) GEORGE J. VILLANUEVA (Sgd.) HENRY A. FORMOSO
Sangguniang Panlungsod Sangguniang Panlungsod Member
(Sgd.) EVERIN F. MOLINA (Sgd.) ANDRES A. ADRIATICO
Sangguniang Panlungsod Member Sangguniang Panlungsod Member
(Sgd.) HERMENIGILDO A. APELIN (Sgd.) LORETO A. QUIBILAN
Sangguniang Panlungsod Member Sangguniang Panlungsod Member
(Sgd.) MAXIMO M. ALVES (Sgd.) BENEDICTO JOSE P. VERZOSA
Sangguniang Panlungsod Member Sangguniang Panlungsod Member
(Sgd.) JOHN PATRICK A. SINGSON (Sgd.) EDREEN JEREMIAH F. PAJARO
Sangguniang Panlungsod Member Sangguniang Panlungsod Member
Attested:
(Sgd.) JAYSON P. AVILA
Secretary to the Sangguniang Panlungsod
Approved:
(Sgd.) EVA MARIE S. MEDINA
City Mayor