Part 2: The Environment Code of the Province of South Cotabato



SECTION 7. SCOPE OF POWERS. In the exercise of their respective mandates, the local government units shall:

A.Provincial Government of South Cotabato shall:

1.Enforce forestry laws pertaining to illegal logging, unlawful occupation and destruction of forest lands;
2.Apprehend violators of forest laws, rules and regulations and assist in the preparation and filing of criminal complaint in the Office of the Prosecutor;
3.Assist in the confiscation, forfeiture and disposition of illegally cut and transported conveyed forest products, conveyances, equipment and other implements used in the commission of offenses penalized under existing laws;
4.Establish Integrated Social Forestry, Communal Forests and watersheds or sub-watersheds;
5.Participate in the inventory of forest products and issue clearance for the establishment of wood processing and treatment plants prior to the approval of DENR for utilization and disposition; and
6.Issue clearance and monitor activities inconsistent with laws, rules and regulations of wood processing and treatment plants, logs and lumber dealer permittees and furniture shops.

City and Municipal Governments shall:

1.Implement the following:

a.Integrated social forestry programs and similar projects, pursuant to Section 17 of Republic Act No. 7160, except those located in protected areas and critical watersheds;

b.Regular reforestation projects, including those located in protected and critical watershed areas;

c.Community-based contract reforestation projects and other similar projects subject to policies and procedures prescribed by the Department of Environment and Natural Resources (DENR);

d.Forest Land Management Agreement and/or Community-Based Forest Management Agreement in accordance with the policies promulgated by the DENR; and

e.Rules and Regulations pursuant to Section 12 of Executive Order No. 263, and other DENR guidelines.

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

8.Establish a locally-based forest management program considering the model established which is operationally known as the Barangay Forest Protection and Management Scheme, a project under the Provincial Co-Management Model;

9.Manage, protect, rehabilitate and maintain small watersheds which are sources of local water supply as identified or to be identified by the DENR and/or the LGU concerned;

10.Establish, protect and maintain tree parks, greenbelts, pursuant to Section 17 of Republic Act No. 7160 and other tourism related areas identified and delineated by the DENR and/or LGU, except those within protected areas, and collect fees for services rendered and the use of facilities established therein;

11.Regulate extraction, utilization and introduction of flora and fauna outside National Integrated Protected Areas (NIPAs), including industries and businesses engaged in their propagation and development, such as orchidaria and nurseries, as well as exportation and importation of the same; provided, that such businesses and industries are registered with the DENR for monitoring purposes;

12.Implement the Rehabilitation in Conservation Hotspots (RICH) and Conservation of Rare and Endangered Species (CRES) activities in areas identified and delineated by the DENR and/or by LGU concerned, except within the protected areas; and

13.Implement Soil Resource and Conservation Projects.

Barangay Government shall:

14.Protect and manage remaining forest pockets;
15.Establish community-based nurseries;
16.Create Barangay Forest Protection and Management Committee, (BFPMC) unit through a Barangay Resolution and a Memorandum of Agreement (MOA) headed by the Barangay Chairman with the following members from the People’s Organization (PO), Department of Environment & Natural Resources (DENR), Municipal Local Government Unit (MLGU), Provincial Local Government Unit (PLGU) and National Commission on Indigenous People (NCIP), if Indigenous People (IP) are involved; and Tribal Council, if the same is present in the area;
17.Pass Ordinances on Barangay Forest Protection;
18.Implement tree planting activities;
19.Monitor projects on the ground.

SECTION 8. OPERATIVE PRINCIPLES. The Forest Resources Management initiatives of this Code shall be consistent with the following:

a.The right of the future generation to enjoy the benefits from forest resources shall be recognized and protected;
b.The Barangay Council, with the participation of locally-based POs involved in environmental protection, shall establish its own BFPMC to directly protect, conserve and manage its local forest resources;
c.The establishment and enforcement of a rational system of utilization and conservation of forest resources, wildlife and biodiversity to ensure sustainable productivity;
d.Everyone shall have the right to information and education on forestry laws, rules and regulations;
e.Through an integrated watershed management system a sustainable water supply to the city, municipality and barangay shall be ensured;
f. The development of private tree farms and other forest products supportive of wood requirements of construction, wood processing, furniture, handicrafts and other wood industries shall be encouraged;
g.The In-Place Management System of forest occupants through Community-Based Forestry Management Programs shall be adopted and implemented to enhance participation of the communities in activities involving forest development management and protection;
h.Penalties, incentives and reward systems shall be the guiding policy in the implementation of forestry laws;
i.A forest resource management information system shall be installed as an effective tool in planning, policy making and implementation;
j.The participation of Indigenous Peoples (IPs) shall be tapped in the implementation of programs and projects; and
k. A monitoring and evaluation system for forest resources shall be established to ensure proper compliance with existing policies, rules and regulations and effective implementation of programs and projects.

SECTION 9. FOREST RESOURCE MANAGEMENT FRAMEWORK. In coordination with the Department of Environment and Natural Resources (DENR), other concerned national government agencies (NGAs), and non-government organizations (NGOs), the local government units (LGUs) shall formulate the Provincial Strategic Forest Resource Management Framework which shall reflect a collaborative initiative on the conservation, protection and sustainable development of forest resources.

SECTION 10. DEVELOPMENT OF PRODUCTION FOREST. In order to provide adequate raw materials to meet the demands of households, infrastructure, agriculture and industry for wood and other forest products, the following strategies
and measures shall be implemented:

a.Operationalization of Production Forest and Related Management Functions. The provincial government shall promote and encourage the city/municipal government for the establishment and operationalization of communal forests, community based-forestry projects and similar reforestation undertakings;
b.Management of Integrated Social Forestry (ISF). The Provincial Government shall periodically conduct monitoring and evaluation of the performance of city/municipal ISF projects;
c.Establishment of Sustainable Agro-forestry and Other Income Generating Projects. The provincial government shall encourage agro-forestry and other income generating support programs for the benefit of the ISF stakeholders and other Production Forest area beneficiaries; (E.O 263 Sec. 1 and Sec. 2)
d.Establishment of the South Cotabato Tree Enterprise Development Program (SCTEDD). The SCTEDD shall be established as a regular program of the provincial government intended to assist the city and municipal government in the promotion of commercial tree farming, harvesting, furniture and handicraft making and wood processing enterprises;
e.Forest Resource Information Management System (FRIMS). The provincial government shall establish and maintain a forest resource database which shall be the basis in policy decision-making, planning, monitoring and evaluating the forest resource management programs. Such information system may include the following data: thematic maps, timber inventory and other vital informations;
f.Formulation and Enforcement of Total Log Ban Policy for Naturally Grown Trees. The provincial government, in coordination with the DENR, shall formulate and enforce a Total Log Ban Policy for naturally growing trees within forest lands, alienable and disposable lands and private lands;
g.Establishment of Seed Production Area. There shall be established in every city/municipality a Seed Production Area of dipterocarps and other naturally growing trees, reforestation and ornamental species which shall supplement the seed requirements of public and private nurseries;
h.Rationalization of Community Sawmills Lumber Dealers and Wood-Processing Plants. The establishment of community sawmills and wood processing plants shall be regulated to ensure that only planted

species shall be processed. The provincial government in coordination with the DENR and city/municipal governments, shall establish a
system for the issuances of licenses or business permits for the establishments and operations of community sawmills, lumber dealers and wood-processing plants. Appropriate guidelines for its regulation shall be promulgated therefor;
i.Registration and Monitoring on the Use of Chainsaw. The Provincial Environment Management Office (PEMO) shall issue clearance prior to registration of chainsaws by the DENR. In coordination with the Department of Environment and Natural Resources (DENR), it shall monitor the usage of chainsaws in the province. All unlawful unregulated chainsaw operations shall be meted with appropriate penalties in accordance with the provisions of Republic Act No. 9175; and
j.Information and Education Campaign (IEC). The Provincial Government through the PEMO shall, in coordination with the City/Municipal ENROs, DENR – PENRO/CENRO and other concerned offices and agencies shall periodically conduct IEC activities to promote awareness and involvement in forest protection and conservation activities by all sectors.

SECTION 11. MANAGEMENT OF PROTECTED FORESTS. In the effective management of Protected Forests, the following strategies are hereby adopted:

a.Design measures which will ensure shared responsibilities with the national government, particularly the DENR and the Protected Area Management Board (PAMB), MLGU, BLGU and the communities within the area as primary stakeholders, in securing the continuous existence of all endemic and endangered species of flora and fauna in the province; and

b.In partnership with all concerned agencies, the Provincial Government shall undertake programs and projects geared towards the effective management of the protection of forests for sustainable water supply, inland habitat protection, conservation of waterways, water basins and right-of-ways, forest based recreation, biodiversity conservation and scientific and educational advancement.

SECTION 12. WATERSHED MANAGEMENT AND PROTECTION. The Provincial, City, Municipal and Barangay Governments, in the proper management and protection of watersheds shall:

A.Identify, delineate and declare their respective watersheds. The identification, delineation and declaration of particular areas shall be

coordinated with the following government agencies:

a.The DENR for areas within public forest lands;
b.The DA and DAR for alienable and disposable lands;
c.The PAMB for watersheds within protected areas; and
d.The NCIP for areas covered by CADC, CADT and CALT.

B. All LGUs with identified and declared watersheds shall prepare their own Watershed Management Plan, which shall include the following:

a.Comprehensive Watershed Protection Plan;

b.Short, medium and long term Vegetative Rehabilitation Program which shall encourage the involvement of local communities within the area;

c.Conduct of immediate census of existing occupants in the identified watershed areas;

d.Establish Barangay Forest Protection Management Scheme, a scheme designed to involve local people to co-manage forest resources together with the concerned BLGU and MLGU, DENR, NCIP, among others;

e.Prohibition of the entry of new migrants in the area and limiting the area occupancy of existing forest occupants;

f.Introduction of sustainable alternative livelihood projects to existing watershed occupants;

g.Sound infrastructure planning and bio-engineering intervention on critically erodable areas;

h.Identification and delineation of key production area; adoption of appropriate bio-dynamic and organic farming technologies for sustainable agricultural production, with emphasis on soil conservation and protection; and

i.The conduct of massive and sustained information-education and advocacy campaign.

C. Identify critical watersheds and recommend appropriate strategies and measures for immediate rehabilitation of damaged areas.

SECTION 13. FOREST PROTECTION AND LAW ENFORCEMENT. Inherent to their duties and responsibilities, the Governor/Mayors/Punong Barangays shall provide effective leadership through:

a.Creation, operationalization and strengthening of inter-agency, inter-municipality and multi-sectoral efforts for forest protection and law enforcement in close collaboration with the DENR and other law enforcement agencies;
b.Capability building for all LGU officials and personnel relative to forestry laws, policies, rules and regulations, its implementation, enforcement and litigation;
c.Coordination with the DENR for the periodic assessment of forestry laws implementation and formulation of schemes to improve enforcement;
d.Establishment of a legal desk under the Office of the Provincial Environment Management Office (PEMO) to assist in the preparation and filing of environment and natural resources cases; and
e.Creation and operationalization of the Multi-Sectoral Forest Protection Committee (MFPC) in every component city/municipality.

SECTION 14. REGULATION OF PASTURE AND GRAZELANDS. Pasture and graze lands within the Province of South Cotabato shall be identified, delineated and regulated in accordance with existing laws. Issuance of lease agreements within these areas shall require clearance from the Governor through the PEMO in coordination with the Local Chief Executive of the concerned barangay/municipality/city to ensure compliance with social acceptability and environmental standards.

SECTION 15. DEVELOPMENT OF RECREATION FORESTS. All local government units shall be encouraged to establish community-based forest recreation projects, such as, forest parks, botanical gardens and camping grounds.

SECTION 16. ROLE OF INDIGENOUS PEOPLE. Cognizant of the inherent rights of the Indigenous People (IP) to enjoy to the fullest the benefits of their heritage as provided for by the Indigenous Peoples Rights Act (IPRA), all local government units shall ensure full participation of IPs and that their indigenous knowledge, systems and practices are harmonized in the protection, conservation, rehabilitation, development and management of forest resources of their respective ancestral domains.


SECTION 17. SCOPE OF POWERS. In the exercise of their respective mandates, the local government units shall:

A.Provincial Government -

1.Operationalize the Provincial Mining Regulatory Board;
2.Require the proponent to undertake Environmental Impact Assessment (EIA) and to submit EIS, IEE or Project Description as the case maybe;
3.Participate in the monitoring of any mining activity as a member of the Multipartite Monitoring Team referred to in Section 5 of DAO 96-40, as amended (Revised IRR of RA 7942); and
4.Participate as a member of the Mine Rehabilitation Fund Committee as provided for in Sections 182 to 187 of DAO 96-40, as amended (Revised IRR of RA 7942).

B.City/Municipal Government -

1.Intensify information and education campaign on the economic and environmental considerations of mineral resources utilization and exploration; and
2.Participate in the monitoring of any mining activity as a member of the Multipartite Monitoring Team referred to in Section 5 of DAO 96-40, as amended.

C.Barangay Government -

1.Educate the community about their participation, roles and responsibilities in proposed projects or activities; and
2.Monitor the safety and environmental protection measures in mining and quarrying in its respective areas.

Through this Code, the Provincial Government shall provide the following basic services and facilities:

a)Enforcement of Provincial Ordinance No. 07, series of 2003, otherwise known as the Small-Scale Mining and Processing Operation Ordinance of the Province and Revenue Ordinance No. 03, series of 2005 of the province, particularly Article 4 thereof, in consonance with Republic Act No. 7076 ( the Small-Scale Mining Law of 1991);

b)Enforcement of Revenue Ordinance No. 03, series of 2005, of the province, particularly Chapter III, Articles I and II relative to the imposition of tax, fees and charges and the issuance of permits for the extraction of sand, gravel and other quarry resources from public lands or from the beds of seas, lakes rivers, streams, creeks and other public waters and public lands within the territorial jurisdiction of the province;
c)Enforcement of the above-said ordinance, particularly Chapter III, Article III, relative to the imposition of tax, fees and charges and the issuances of permits for the extraction of guano from caves and/or confined sites within the territorial jurisdiction of the province; and

d)Verification and adjudication of conflicts arising from the extraction of quarry resources in public lands and privately owned lands, extraction of guano and mineral resources. (DAO 92-30 Sec.3.4c)

SECTION 18. Cave Resources. In coordination with the DENR and other concerned agencies, the Provincial Government shall:

a.Formulate policies and guidelines governing the management and protection of cave resources in the province;
b.Enter into a memorandum of agreement with DENR for the preservation, development and management of cave or caves located in the province; and
c.Tap the cooperation of people’s and non-governmental organizations as active partners in the conservation and protection of our caves and cave resources. (RA 9072)

SECTION 19. GOVERNING LAWS. The pertinent mineral resources provision of this Code shall be governed by, but not limited to, the following national laws and regulations:

a. Republic Act 7160 otherwise known as the Local Government Code of

b. Republic Act No. 7942 (Philippine Mining Act of 1995);

c. Republic Act No. 7076 (Small-Scale Mining Law); and

d. DENR Administrative Order No. 23, series of 1995, as amended by DAO 96-40, series of 1996 entitled “Implementing Rules and Regulations of the Mining Act of 1995.

SECTION 20. OPERATIVE PRINCIPLE. Development of resources shall be governed by the principle that the use of mineral wealth be based on contributions to the economic growth and general welfare of the constituents of the province, subject to the following terms:

a.Social acceptability shall be the foremost consideration before any activity/operation is implemented; thus prior consultation with the local government units concerned, civil society, IPs and other concerned stakeholders of the community shall be made and prior approval of the local
sanggunian concerned shall be obtained to ensure maintenance of an acceptable and sound ecology;

b.There shall be a system of utilization, exploration and extraction of mineral resources in accordance with environmental laws, rules and regulations; and

c.Mining and other quarrying activities shall be allocated to projects geared towards sustainable environmental development.

SECTION 21. QUARRY OPERATION. Quarry resources within the province may be operated/utilized by public or private entities only through a permit issued exclusively by the Provincial Governor upon the endorsement of the Provincial Mining Regulatory Board (PMRB). The permit will only be given to qualified persons; provided, all individuals, partnership, corporations or public entities engaged in the development and utilization of quarry resources for construction of infrastructure project, shall be required to restore or rehabilitate the subject areas thereof or those affected thereby.

SECTION 22. REGULATORY PROVISIONS. Quarrying and extraction of quarry materials and mineral deposits shall be governed by the following provisions:

a.Mining and quarrying activities within the Province of South Cotabato shall be subject to prior Environment Impact Assessment, as provided under the Philippine Environmental Impact Assessment System;

b.Open-pit mining method shall not be allowed in the Province of South Cotabato;

c.The extraction or removal of mineral resources and other materials other than by open pit method shall be allowed beyond a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply, archaeological, historical sites and any public or private works or structures; and

d.The extraction or removal of quarry resources shall be allowed except those within one kilometer from the bridges and dams upstream and downstream. The desiltation shall be allowed provided that a written consent is secured from government agencies or private entities concerned.

SECTION 23. MONITORING AND EVALUATION. It shall be the responsibility of the Provincial Environment Management Office (PEMO) in coordination with concerned agencies to monitor and evaluate the mining and quarrying activities in the province, for the purpose of ensuring compliance of the permittees and/or licensees with the provisions stipulated in the permits and/or licenses issued, pursuant to existing laws, rules and regulations. (Revised based on Section 19 of RA 7942)
SECTION 24. REHABILITATION. Environmentally damaged or degraded portions of areas subjected to quarrying and mining shall be immediately rehabilitated by the proponent during or upon completion of operations. Said rehabilitation program shall be included in the program of work to be submitted while securing the permit for the operation. (Revised based on Section 19 of RA 7942)

SECTION 25. USER’S FEE. There shall be a user’s fee to be collected from quarrying and mining operators which shall be deposited as trust fund/revolving fund for environmental management programs.


SECTION 26. SCOPE OF POWERS. In the exercise of the powers, functions and responsibilities to regulate and monitor the exploitation and utilization of the water resources of the province, the LGUs shall:

a.Ensure effective management, protection and maintenance of small watershed which are sources of local water supply;

b.Conduct comprehensive study on hydrological mapping of water resources;

c.Undertake immediate rehabilitation of critical watershed of irrigation systems;

d.Implement measures for safe and adequate water supply; and

e.Collect fees and charges to water users in accordance with Section 289 of RA 7160.

SECTION 27. OPERATIVE PRINCIPLES. Water resources protection, conservation, management and utilization shall be guided by the following:

a.Water resources shall be managed:

1.primarily, to meet the basic requirement for potable water of all residents and for sustained agricultural production;

2.secondarily, to secure the availability of adequate supplies of water for the growing industrial, recreational and commercial development activities;

b.Effective institution of pollution control measures to ensure safe water supply;
c.Sustainable water supply requires conservation of protection forest and restoration of forest cover; and

d.Adopt the principle of integrated water resources management.

SECTION 28. WATER RESOURCES AND WATERSHED MANAGEMENT PLAN. A strategic plan for the South Cotabato Watershed Network shall be formulated and form part of the South Cotabato Provincial Environment Plan.

SECTION 29. SOUTH COTABATO WATERSHED NETWORK. The South Cotabato Watershed Network (SCWN) is hereby created to be composed of the watersheds of the Mt. Matutum Watershed, Allah Valley Watershed, Kabulnan Watershed in Brgy. Ned, Marbel Watershed, the Silway-Klinan Watershed, Banga Watershed,Tantangan Watershed, Koronadal Watershed and the Tasaday-Blit Reservation and such other areas identified by the LGUs and DENR which shall be managed and governed pursuant to provincial laws, rules and regulations and the on-site management agreements, subject to pertinent laws and issuances.

SECTION 30. ADDITIONAL AREAS TO THE SOUTH COTABATO WATERSHED NETWORK. The SCWN shall include watersheds and sub-watersheds established by the city, municipal and provincial governments and those deemed as strict protection zones for water sources.

SECTION 31. BUFFER ZONES. There shall be established peripheral buffer zones of identified water sources as provided for by law, to protect the same from activities that will result to direct or indirect damages.

SECTION 32. ESTABLISHMENT OF WATER RESOURCES TRUST FUND. There is hereby created a Water Resources Trust Fund comprising all amounts dominated as “share of national wealth” generated from the operation of water utilities, corporate users, national government agencies and instrumentalities and Communal Irrigation Systems (CIS) which shall be managed and administered by the Provincial Government. It shall be used for the purpose of vegetative rehabilitation, livelihood project support and capability building of watershed occupants upon the recommendation of the Multi-Sectoral Water Resources Watershed Committee (MSWRWC), subject to government accounting and auditing rules and regulations.

SECTION 33. PROTECTION OF RIVERBANKS, EASEMENTS, RIGHT-OF-WAY AND GREENBELTS. The Provincial Government shall adopt adequate measures for establishing clearance and greenbelts along river banks and lake areas as prescribed by law, to recover easements as provided by Presidential Decree No.1067 and other applicable laws which provides that banks of rivers and streams and the shores of the lakes throughout their entire length and with a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along margins are subject to easement for public use in the interest of recreation, navigation, floatage and fishing.

SECTION 34. SEWERAGE SYSTEM. The Provincial Government shall adopt necessary measures to ensure that all drainage systems are adequately established and maintained to prevent the negative effects of all types of effluents on both surface and underground water.

SECTION 35. LIQUID WASTE DISPOSAL. To avoid deterioration of the quality of a Receiving Water Body (RWB), no industrial plant with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather conditions is insufficient to maintain its prescribed water quality according to its usage and classification. Further, no person, entity or establishment shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water or through the use of bypass canals and/or pumps and other unauthorized means.

SECTION 36. HEALTH AND SANITATION MEASURES. The Provincial Government shall adopt appropriate measures to assist city/municipal governments improve environmental sanitation by expanding the use of sanitary toilets for waste disposal. Such assistance shall include direct investments in public health education and strict enforcement of the Building and Sanitation Code.

SECTION 37. SOIL AND WATER CONSERVATION. The Provincial Government shall assist the city and municipalities to improve soil and water conservation techniques in agricultural and industrial activities.


SECTION 38. SCOPE OF POWERS. The Provincial Government shall provide the following inland freshwater fishery resources management and services:

a.Enforcement of Fishery Laws in municipal waters, both nationally and locally promulgated, including the conservation of inland waters;

b.Regulation of fish ports and landing centers;

c.Assist in the Enforcement of pollution control and environmental laws, rules and regulations;

d.Assistance to fisherfolks’ cooperatives and other organizations, schools and training centers offering aquaculture courses in terms of the transfer of ecological and environmental protection technology;

e.Extension and conduct of on-site research services; and.
f.Deputation of Lake/River Wardens (Bantay-Lawa Bantay-Ilog).

SECTION 39. OPERATIVE PRINCIPLES. Management, protection, conservation, and utilization of inland freshwater resources shall be guided by the following principles:

a.Cognizant of the threats of de facto open access to the municipal waters including Lake Sebu, Lake Seloton, Lake Lahit, and Lake Holon, and consistent with the provisions of Article XII, Section 2 of the Philippine Constitution, the Provincial Government shall ensure the protection of the rights of subsistence fishing communities and marginal fisherfolk to the preferential use of communal fishing resources;

b.The capabilities of local government units, in the exercise of their duties, powers and responsibilities towards proper management of inland waters shall be enhanced;

c.The utilization, development and management of city/municipal waters shall not jeopardize the conservation of biodiversity and preservation of cultural heritage; and

d.Unique freshwater features and productive habitats such as fish sanctuaries, breeding grounds, declared and delineated parks and other lakes which are not declared as production zones in the approved management plan shall be conserved and protected.

SECTION 40. PROVINCIAL INLAND FRESHWATER RESOURCES MANAGEMENT FRAMEWORK. The Provincial Government shall formulate a Provincial Inland Freshwater Resources Management Framework (IFRMF) to serve as guide for city/municipality in undertaking, among others, the delineation, establishment, legislation, management, maintenance and protection of their municipal waters within six (6) months upon the effectivity of this Code.

SECTION 41. MUNICIPAL ZONING AND MANAGEMENT GUIDELINES. In addition to the IFRMF cited in Section 39 hereof, the Provincial Government shall formulate provincial inland freshwater zoning and management planning guidelines which will serve as bases in formulating city/municipal inland freshwater zoning and management plans. The plan shall be based on co-management approach where the city/municipal government shall work with resource users and build upon existing laws, particularly in the institutionalization of the Fisheries and Aquatic Resource Management Councils (FARMCs).

SECTION 42. DELINEATION OF CITY/MUNICIPAL WATERS. The Provincial Government, in collaboration with the city and municipal governments and concerned national government agencies, shall complete the delineation of municipal waters in their respective areas within two (2) years upon the effectivity of this Code.

SECTION 43. COMMUNITY PARTICIPATION AND INTEGRATION OF NATIONAL AGENCIES. Management of the freshwater resources and city/municipal waters shall be undertaken by communities in close collaboration with the national/city/municipal/barangay governments and the civil society.

SECTION 44. ESTABLISHMENT OF THE SOUTH COTABATO INLAND WATERS AND RIVER SYSTEMS DEVELOPMENT BODY (SCIWRSDB). The Provincial Government shall work with concerned municipalities, other government agencies and the civil society for the establishment of the South Cotabato Inland Waters and River Systems Development Body (SCIWRSDB) as the overall management and planning center of present and future initiatives and interventions for the rehabilitation and development of the province’ inland waters and river systems.

SECTION 45. ENVIRONMENTAL IMPACT ASSESSMENT (EIA). All inland freshwater projects are subject to EIA in coordination with PEMO.


SECTION 46. SCOPE OF POWERS. In the exercise of its powers, functions and responsibilities, the LGU among others shall prescribe measures to safeguard the environment and natural resources, by promoting rural development through sustainable agriculture within their respective areas of jurisdiction through:

a.Promotion and development of environmentally sound and economically viable agricultural production systems for both lowland and upland ecosystems, preferably of organic, diversified and integrated agriculture, in reference to; and consistent with; existing Barangay Development Plans and Comprehensive Land Use Plans;

b.Provision of efficient support services and incentives to farmers practicing sustainable agriculture and to strengthening the participation of; and cooperation among: concerned entities such as; the Department of Agriculture, Local Government Units, civil society, the academe and other stakeholders;

c.Establishment of Geophysical Information System (GIS)-based Resource Management Information System (RMIS) as a tool in the assessment on the impact of existing agricultural production systems to the agricultural resource base in the province and as basis for the formulation of Sustainable Agriculture Master Plan (SAMP); and

d.Creation and capacitation of community-based agricultural extension teams through:

1. Establishment of community learning centers for appropriate technologies;
2.Diversified Farming System including use of short-term, medium-term and long-term crops and propagation of small livestock production;
3.Promotion of Soil and Water Conservation measures in both lowland and upland areas;
4.Enforcement of laws and ordinances banning or regulating the use of synthetic chemical agricultural inputs;
5.Adoption of the Sloping Agricultural Land Technology (SALT) in the rolling areas; and
6.Maximize recycling of agricultural waste, minimize external inputs and optimize internal inputs.

SECTION 47. OPERATIVE PRINCIPLES. Policies on agricultural/cropland resources in the Province are anchored on the following operative principles:

a.The integrity and carrying capacity of the agricultural resource base, especially land, water and genetic resources of both plant and animals shall not be degraded in the process of development;

b.Inclusion of sustainable agricultural development practices as essential component of agro-ecological considerations towards maximum productivity and profitability;

c.Policy of piloting or on-the-ground testing as an essential requisite for adaptability, adoptability, efficiency in local situations and bias for the environment for acceptability and utilization of research-based generated technologies;

d.Policy decisions are based on studies on biological limits and scientific result of agricultural and natural resource productivity;

e.Access and autonomy in the management of common resource such as water and biodiversity of domesticated animal and plant genetic resources in agriculture shall be assured;

f.Environmental management tools shall be adopted in policy and decision-making for all stages of economic productivity;

g.Environmental protection is a shared responsibility of all;

h.Environment-friendly and location-specific technologies in sustainable agriculture shall be promoted;

i.In agricultural genetic engineering, precautionary principle must always be upheld; and

j.Food self-sufficiency and security shall be of utmost consideration in all economic and development activities.

SECTION 48. AGRICULTURAL POLICY REVIEW AND AGRICULTURAL IMPACT ASSESSMENT. The Office of the Provincial Agriculturist (OPA), in collaboration with research institutions and concerned agencies, shall conduct a comprehensive survey, benchmark study and assessment of the impact of agriculture to various ecosystems every five (5) years, or as the case so require, shall be the basis in the conduct of agricultural policy review.

SECTION 49. PROVINCIAL SUSTAINABLE AGRICULTURE MASTER PLAN. Within one (1) year upon the approval of this Code, the Office of the Provincial Agriculturist shall formulate a Provincial Sustainable Agriculture Master Plan (PSAMP).

SECTION 50. PLANT AND ANIMAL GENETIC RESOURCE BASE. The Province of South Cotabato shall assist, support, encourage and access South Cotabato-based institutions of higher learning offering agriculture courses to establish their own Gene Bank of indigenous species, traditional varieties and cultivars of rice, corn and other food crops, as well as a data bank of indigenous knowledge systems and practices related to traditional farming inherent to the people.

SECTION 51. PROTECTION FOR SMALL FARMERS. There shall be an Agri-Business Section in the Office of the Provincial Agriculturist that is responsible for marketing information and networking with informal and institutional buyers, to facilitate information dissemination of farm and other products to producers and potential market outlets. The section shall ensure that small farmers are protected from exploiters from among the traders, financiers or any market forces or groups.

SECTION 52. CONSERVATION OF ANIMAL AND PLANT GENETIC RESOURCES. There shall be a program for breeding, conservation and sustainable utilization of animal and plant genetic resources for food and sustainable agriculture in the province through the process of participatory technology development which shall be managed and directed towards the primary stakeholders, the farmers.

SECTION 53. MARKETING SUPPORT. Special Marketing and Promotions support mechanisms for all programs under this Article shall be provided by the South Cotabato Investment and Promotion Center (SCIPC) in coordination with concerned government agencies and LGUs.

SECTION 54. SOUTH COTABATO ORGANIC CERTIFICATION COUNCIL. There is hereby created the South Cotabato Organic Certification Council (SCOCC) composed of civil society representatives and concerned government agencies with the
responsibility of undertaking certification of organic products and the accreditation of organic producers.


SECTION 55. SCOPE OF POWERS. In the exercise of their powers, functions and responsibilities, the LGUs shall enforce biodiversity conservation and formulate legislation for the protection of species of flora and fauna endemic to the province.

SECTION 56. OPERATIVE PRINCIPLES. Policies on wildlife, genetic resource and biodiversity conservation, protection and development in the province shall be guided by the following operative principles:

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

b.Policies shall be based on studies of biological limits of natural resource capacity, resilience and renewability;

c.Environmental protection especially of wildlife habitat, niche and genetic biodiversity belts shall be viewed by all as a shared responsibility;

d.Biological diversity shall be conserved through institutional support and direct involvement of local communities especially the Indigenous Peoples; and

e.The Precautionary Principle shall at all times be upheld in the face of contentious issue of genetic-based erosion and genetic pollution vis-a-vis transgenic organisms through genetic engineering.

SECTION 57. RESOURCE PROFILING. The Provincial Government in coordination with concerned government agencies and Civil Society Organizations (CSOs) shall conduct resource profiling of existing vegetative cover, endemic species of flora and fauna, particularly threatened and endangered species, as well as their important habitat, nesting and breeding sites.

SECTION 58. DECLARATION OF THE SPECIFIC AREAS/HABITATS AS GAME REFUGE AND WILDLIFE SANCTUARY. The Provincial Government shall coordinate with concerned agencies in the identification of specific areas within its territorial jurisdiction, which shall be declared as game refuge and wildlife sanctuary/ies.

SECTION 59. SANCTUARY FOR PHILIPPINE EAGLE, TARSIER AND OTHER ENDANGERED AND ENDEMIC SPECIES. Each city/municipal government shall identify and delineate habitats for endangered and endemic species in their localities. Appropriate ordinance shall be passed declaring sanctuaries for the same as well as the establishment of refuge and rescue centers.

SECTION 60. REGULATION OF PROSPECTING BIOLOGICAL AND GENETIC RESOURCES, THEIR BY-PRODUCTS AND DERIVATIVES FOR COMMERCIAL, SCIENTIFIC AND OTHER PURPOSES. All individuals and business entities engaged in the prospecting of biological and genetic resources, their by-products and derivatives for scientific and other purposes shall be subject to existing rules and regulations for said purposes. The Provincial Government shall formulate policies and regulations for the protection and conservation of endemic species and habitat diversity protection. Such policies shall give priority for the promotion of local capability and indigenous knowledge systems, science and technology.

SECTION 61. PROVINCIAL GENETIC RESOURCES BIODIVERSITY AND SEED BANK. The Provincial Government, in collaboration with the DENR, local research centers, appropriate government research centers, concerned government agencies and civil society organizations shall establish, operate and manage community-based “in-situ” and “ex-situ” Provincial Genetic Resources Biodiversity and Seed Bank.

SECTION 62. PARTICIPATION OF THE INDIGENOUS PEOPLES IN BIODIVERSITY PROTECTION. The Provincial Government, in recognition of the natural link of Indigenous Peoples to nature, shall harness their participation in the protection of genetic biodiversity resources from extinction and biopiracy.



SECTION 63. SCOPE OF POWERS. In the exercise of their respective mandate, the local government units shall:

a.Establish a solid waste management system that promotes waste reduction, segregation, reusing, recycling, recovery and composting;

b.Provide services and facilities related to general hygiene and sanitation, beautification, and solid waste collection particularly on compostable and recyclable wastes;

c. Ensure the proper segregation, collection transport, storage, treatment, and disposal of solid waste through the formulation and adoption of the best environmental practices;

d. Enforce pollution control laws and other laws for the protection of the environment in coordination with other agencies; and

e. Formulate and enforce solid waste management in conformity with R. A. 9003
“ Ecological Solid Waste Management Act of 2000”.

SECTION 64. OPERATIVE PRINCIPLES. The initiatives of the Provincial Government on general hygiene and sanitation, environment protection and sustainable development shall be governed by the following principles:

a.The people have the right to a balanced, beautiful and healthful environment;

b.Efficient management of solid waste shall be a shared responsibility of the populace and government; and

c.Sustainable ecological solid waste management shall be guided by the 3Rs: Reduce, Reuse and Recycle.

SECTION 65. PROVINCIAL SOLID WASTE MANAGEMENT PLAN. The Provincial Government, through the Provincial Solid Waste Management Board, shall formulate a 10-year Provincial Solid Waste Management Plan based on thorough evaluation of the existing best practices and/or the solid waste management plans of the barangays and municipalities/city.

SECTION 66. MONITORING, EVALUATION AND UPDATING. The Provincial Government shall oversee the implementation of the Provincial Solid Waste Management Plan and regularly assess solid waste management within the province through periodic monitoring and evaluation of the plan’s implementation. Further, the local government units shall undertake parallel activities through their respective Local Solid Waste Management Boards and committees.

SECTION 67. LOCAL WASTE CHARACTERIZATION SCHEME. The Provincial Government shall enforce compliance of the LGUs in the characterization of waste in its jurisdiction.

SECTION 68. PROVINCIAL SOLID WASTE DIVERSION TARGET. The Provincial Government shall enforce the mandated solid waste diversion target of 25% of all solid wastes from waste disposal facilities through the 3Rs approach, and adopt waste diversion target set by the National Solid Waste Management Commission (NSWMC).

SECTION 69. CLOSING OF OPEN DUMPS AND GRADUAL PHASING OUT OF CONTROLLED DUMPS FOR SOLID WASTE. The Provincial Government shall assist the lower LGUs in the closing of open dumps and gradual phasing out of controlled dumps and the establishment of sanitary landfill or cluster sanitary landfills. That the LGUs shall appropriate funds to support the establishment and operation of sanitary landfill.

SECTION 70. IDENTIFICATION OF AREAS AND LGUs WITH COMMON SOLID WASTE MANAGEMENT PROBLEMS. The Provincial Government, through the Provincial Solid Waste Management Board, shall identify areas and LGUs with common solid waste management problems, in accordance with existing guidelines, and integrate the existing 10-year Solid Waste Management Plans of concerned LGUs.

SECTION 71. SUPPORT TO COMPONENT CITIES/MUNICIPALITIES. The Provincial Government may provide or augment the basic services and facilities assigned to lower level LGUs when such services or facilities are not available or inadequate to meet the requirements of its constituency. Likewise, component municipalities and city shall assist barangay LGUs and ensure that segregation and collection of wastes are implemented at the barangay level.

SECTION 72. SUPPORT TO ECONOMIC ENTERPRISE. The Provincial Government shall extend technical support to cooperatives, individuals and entities who shall engage in project/enterprise that will complement the efforts of LGUs in mitigating solid waste management problems, subject to reasonable guidelines.

SECTION 73. PENALTIES AND ADMINISTRATIVE SANCTIONS. Imposition of penalties and administrative sanctions for violations of the provisions of RA 9003, specifically Sections 88, 49 & 50 and the solid waste management ordinance shall be determined by the respective City/Municipal Sanggunian.


SECTION 74. SCOPE OF POWERS. In the exercise of their inherent powers, the local government units shall:

a.Monitor air quality, water quality and noise pollution management of industries, motor vehicles, slaughterhouses, markets, agri-industries, hotels, businesses and other activities that contribute to pollution;

b.Implement measures to prevent and control, air, water and noise pollution in coordination with LGUs and other agencies/offices;

c.Enact measures for the abatement of air, water and noise pollution; and

d.Enforce air, water and noise pollution control laws, rules, and regulations.

SECTION 75. OPERATIVE PRINCIPLES. The policies on air quality, water quality and noise control management shall be governed by the following:

a.Air/water quality and effective noise management are imperatives to authentic human development and progress; and

b.Maintenance of air/water quality and noise control is a shared responsibility of all stakeholders.

SECTION 76. VEHICLE EMISSION CONTROL. The Provincial Government, in collaboration with the Department of Transportation and Communication (DOTC), Land Transportation Office (LTO) and Department of Environment and Natural Resources (DENR), shall establish a monitoring system to ensure that the emissions of vehicles operating within the province are in accordance with the approved air quality standards.

SECTION 77. POLLUTION CONTROL. Industrial, commercial firms and other pollution point sources operating in the province shall comply with the air/water quality standards prescribed by law.

SECTION 78. SMOKING REGULATION. The LGUs shall enforce the prohibition of smoking in public places and ensure that the owner, proprietor, possessor, manager or administrator of such places has established or establishes smoking areas pursuant to Republic Act No. 9211.

SECTION 79. MONITORING. A Multi-Sectoral Monitoring Team is hereby created to monitor the compliance of industrial and commercial firms with the air quality standards and to respond to complaints on air, water and noise pollution.

SECTION 80. BAN ON BURNING. Burning of any material contributory to air and water pollution shall be banned except for traditional small-scale method of community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health and food preparation and crematoria.

SECTION 81. ZONING CLEARANCES AND BUILDING PERMITS. The city/municipal governments shall be responsible in enforcing compliance with zoning and building regulations in all infrastructure projects and other economic activities which may generate air, water and noise pollutions.

SECTION 82. MANAGEMENT OF AIRSHEDS AND NON-ATTAINMENT AREAS. The South Cotabato Air Shed Governing Board (SCAGB) is hereby created

which shall perform the following functions:

a.Formulation of policies;
b.Preparation of a common action plan;
c.Coordination of functions among its members; and
d.Submission and publication of an annual air quality status report for each airshed.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation and indemnification, whenever necessary, to protect the health and welfare of residents in the area. (Sec. 9 and 10 of RA 8749)

SECTION 83. BAN ON PERSISTENT ORGANIC POLLUTANTS (POPs). The processing, sale, distribution, use and disposal of Persistent Organic Pollutants (POPs) and mixtures to include organochlorine pesticides such as but not limited to aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane; and organochlorine by-products such as hexachlorobenzene, dioxins and furans shall be prohibited unless a special permit from concerned government agencies shall be secured because of the exigency of use of such material. (UNFCCC and the Kyoto Protocol)

SECTION 84. REDUCTION OF GREENHOUSE-CAUSING GAS EMISSIONS. Together with concerned agencies, the Provincial Government shall fully implement plans and programs to reduce greenhouse-causing gas emissions from deforestation, industrial activities, motor vehicles, waste management practices and intensive agriculture.

SECTION 85. PHASE-OUT OF OZONE DEPLETING SUBSTANCES (ODS). Pursuant to the Stockholm Convention of 2001, the Provincial Government, together with concerned agencies, shall implement plans to phase-out ozone-depleting substances which are known to cause harmful effects on the ozone layer, and enforce the ban on persistent organic chemicals.

SECTION 86. SEWERAGE SYSTEM. The Provincial Government in coordination with other agencies shall adopt necessary measures to ensure that all drainage systems are adequately established and maintained to prevent flooding and the negative effects of all types of effluents on both surface and underground water.

SECTION 87. LIQUID WASTE DISPOSAL. To avoid deterioration of the quality of a Receiving Water Body (RWB), no industrial, commercial and agricultural plants with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather conditions is insufficient to maintain its prescribed water quality according to its usage and classification. Further, no person, entity or establishment shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water or through the use of bypass canals and or pumps and other unauthorized means of disposal.

SECTION 88. HEALTH AND SANITATION MEASURES. The Provincial Government shall adopt appropriate measures to assist city/municipal governments in improving environmental sanitation by expanding the use of sanitary toilets for waste disposal. Such assistance shall include direct investments in public health education and strict enforcement of the Building Code.

SECTION 89. ZONING IN THE USE OF PYROTECHNICS AND FIRECRACKERS. The use of pyrotechnics and firecrackers, especially during celebrations and special events, must be regulated. It shall be the responsibility of the respective sanggunians of the component city and municipalities, in consultation with all concerned sectors, to pass an ordinance designating specific areas where the manufacturing of pyrotechnics and firecrackers shall be done, away from residential areas in the community.

SECTION 90. NOISE LEVEL REGULATION AND MONITORING. The city/municipal governments and concerned agencies shall strictly regulate and monitor the operation of all noise-producing equipment such as; but not limited to; construction and transportation equipment, stationary engines, electrical, electronic and similar equipment and contrivances to ensure that the generated noise and vibration levels are within the noise level standards.

SECTION 91. INFORMATION, EDUCATION AND ADVOCACY. The Provincial Government shall assist the city/municipal LGUs, in cooperation with the academe, civil society and the business community, in the implementation of continuing information and education campaign to encourage awareness and vigilance among the citizenry on air/water quality and noise pollution management.

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