SECTION 7. Issuance of Permits. — Upon payment in cash of the necessary fees levied under Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991, the governor of the province or mayor of a highly-urbanized city shall immediately issue the necessary permit to extract sand, gravel and other quarry resources needed in government projects. The issuance of said permit shall consider environmental laws, land use ordinances and the pertinent provisions of the Local Government Code relating to environment
SECTION 15. Participation of the Department of Agriculture and Local Government Units. — The carabao centers, the regional and provincial offices of the Department of Agriculture, specifically the Bureau of Animal Industry, and the local government units shall implement a carabao dispersal and propagation program within their respective areas in accordance with the national policy and program of the PCC. The PCC shall adopt a national dispersal program to primarily benefit the smallholder farmers and CARP beneficiaries.
Any income from the sale of the carabao shall be placed in a revolving fund to be used in the propagation and distribution of carabaos.
SECTION 7. Valuation of Improvements and/or Structures. — The Department of Public Works and Highways and other implementing agencies concerned, in coordination with the local government units concerned in acquisition of right-of-way, site or location for any national government infrastructure project, are hereby mandated to adopt within sixty (60) days upon approval of this Act, the necessary implementing rules and regulations for the equitable valuation of the improvements and/or structures on the land to be expropriated.
SECTION 8. Ecological and Environmental Concerns. — In cases involving the acquisition of right-of-way, site or location for any national government infrastructure project, the implementing agency shall take into account the ecological and environmental impact of the project. Before any national government project could be undertaken, the agency shall consider environmental laws, land use ordinances and all pertinent provisions of Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991.
SECTION 9. Squatter Relocation. — The government through the National Housing Authority, in coordination with the local government units and implementing agencies concerned, shall establish and develop squatter relocation sites, including the provision of adequate utilities and services, in anticipation of squatters that have to be removed from the right-of-way or site of future infrastructure projects. Whenever applicable, the concerned local government units shall provide and administer the relocation sites.
In case the expropriated land is occupied by squatters, the court shall issue the necessary writ of demolition for the purpose of dismantling any and all structures found within the subject property. The implementing agency shall take into account and observe diligently the procedure provided for in Sections 28 and 29 of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992.
Funds for the relocation sites shall come from appropriations for the purpose under the General Appropriations Act, as well as from appropriate infrastructure projects funds of the implementing agency concerned.
SECTION 5. Water Quality Management Area. — The Department, in coordination with National Water Resources Board (NWRB), shall designate certain areas as water quality management areas using appropriate physiographic units such as watershed, river basins or water resources regions. Said management areas shall have similar hydrological, hydrogeological, meteorological or geographic conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face similar development programs, prospects, or problems.
Said management area shall be governed by a governing board composed of representatives of mayors and governors of member local government units (LGUs), and representatives of relevant national government agencies, duly registered nongovernmental organization, water utility sector, and business sector. The Department representative shall chair the governing board. In the case of the LGUs with memberships on more than one (1) management board, the LGU shall designate only one (1) single representative for all the management areas where it is a member.
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SECTION 6. Management of Non-attainment Areas. — xxxx
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The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever necessary, for the protection of health and welfare of the residents within potentially affected areas.
SECTION 7. National Sewerage and Septage Management Program. — The Department of Public Works and Highways (DPWH), through its relevant attached agencies, in coordination with the Department, LGUs and other concerned agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12) months from the effectivity of this Act, prepare a national program on sewerage and septage management in connection with Section 8 hereof.
Such program shall include a priority listing of sewerage, septage and combined sewerage-septage projects for LGUs based on population density and growth, degradation of water resources, topography, geology, vegetation, programs/projects for the rehabilitation of existing facilities and such other factors that the Secretary may deem relevant to the protection of water quality. On the basis of such national listing, the national government may allot, on an annual basis, funds for the construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the land for the construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage treatment or septage facility servicing their area of jurisdiction through local property taxes and enforcement of a service fee system.
SECTION 8. Domestic Sewage Collection, Treatment and Disposal. — Within five (5) years following the effectivity of this Act, the agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with LGUs, shall be required to connect the existing sewage line found in all subdivisions, condominiums, commercial centers, hotels, sports and recreational facilities, hospitals, market places, public buildings, industrial complex and other similar establishments including households to available sewerage system: Provided, That the said connection shall be subject to sewerage services charge/fees in accordance with existing laws, rules or regulations unless the sources had already utilized their own sewerage system: Provided, further, That all sources of sewage and septage shall comply with the requirements herein.
SECTION 17. Programmatic Environmental Impact Assessment. — xxxx
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Consistent with the provisions of the Local Government Code, the Department may enter into agreement with LGUs to incorporate programmatic environmental impact assessment into the preparation, updating or revision of local land use plans and area development plans.
SECTION 19. Lead Agency. — xxxx
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The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer some aspects of water quality management and regulation, including, but not to be limited to, permit issuance, monitoring and imposition of administrative penalties, when, upon the Department's determination, the LGU or the governing board has demonstrated readiness and technical capability to undertake such functions.
SECTION 20. Role of Local Government Units (LGUs). — LGUs shall share the responsibility in the management and improvement of water quality within their territorial jurisdictions.
Each LGU shall within six (6) months after the establishment of the water quality management area action plan prepare a compliance scheme in accordance thereof, subject to review and approval of the governing board.
Each LGU shall, through its Environment and Natural Resources Office (ENRO) established in Republic Act No. 7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
d) To take active participation in all efforts concerning water quality protection and rehabilitation; and
e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation of measures to prevent and control water pollution: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may with the approval of the Secretary of the DENR designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, finally, That in case an employee is designated as such, he must have sufficient experience in environmental and natural resources management, conservation and utilization.
SECTION 21. Business and Industry Role in Environmental Management. — The Department and the LGUs, in coordination with the appropriate government agencies, and in consultation with the business and industrial sectors including chambers of commerce, shall formulate appropriate incentives for the adoption of procedures that will preserve and protect our water bodies through the introduction of innovative equipment and processes that reduce if not totally eliminate the discharge of pollutants into our water bodies.
SECTION 27. Prohibited Acts. — The following acts are hereby prohibited:
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j) Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned;
SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan. — Local government officials concerned shall be subject to administrative sanctions in case of failure to comply with their action plan in accordance with the relevant provisions of Republic Act No. 7160.
SECTION 5. Rules on Negotiated Sale. — xxxx
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(d) If requested by the property owner, the implementing agency shall remit to the LGU concerned the amount corresponding to any unpaid real property tax, subject to the deduction of this amount from the total negotiated price: Provided, however, That the said amount is not more than the negotiated price.
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(f) Upon the execution of a deed of sale, the implementing agency shall pay the property owner:
(1) Fifty percent (50%) of the negotiated price of the affected land, exclusive of taxes remitted to the LGU concerned under subparagraph (d) herein; and
(2) Seventy percent (70%) of the negotiated price of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned under subparagraph (d) herein.
(g) The implementing agency shall, at the times stated hereunder, pay the property owner the remaining fifty percent (50%) of the negotiated price of the affected land, and thirty percent (30%) of the affected structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned under subparagraph (d) herein: Provided, That the land is already completely cleared of structures, improvements, crops and trees:
(1) At the time of the transfer of title in the name of the Republic of the Philippines, in cases where the land is wholly affected; or
(2) At the time of the annotation of a deed of sale on the title, in cases where the land is partially affected.
The provisions of subparagraph (a) herein shall also apply to outstanding claims for right-of-way payments, except that the amount to be offered shall be the price at the time of taking of the property, including legal interest until fully paid.
SECTION 9. Relocation of Informal Settlers. — The government, through the Housing and Urban Development Coordinating Council (HUDCC) and the National Housing Authority (NHA), in coordination with the LGUs and implementing agencies concerned, shall establish and develop resettlement sites for informal settlers, including the provision of adequate basic services and community facilities, in anticipation of informal settlers that have to be removed from the right-of-way site or location of future infrastructure projects, pursuant to the provisions of Republic Act No. 7279, otherwise known as the "Urban Development and Housing Act of 1992". Whenever applicable, the concerned LGUs shall provide and administer the resettlement sites.
SECTION 11. Regulation of Developments Within Declared Right-of-Way. — Upon the approval of an infrastructure project by the head of the implementing agency concerned, with funding authorized in the General Appropriations Act and with defined right-of-way, no national government agency or LGU shall, within two (2) years from date of notice of taking, allow any development or construction, or issue any building, construction, development, or business permit, which is contrary to the approved plans and purposes of the project, within the right-of-way, unless explicitly authorized by the head of the implementing agency for justifiable reasons.
SECTION 6. Executive Committee of Local Development Council as the Local Countrywide Industrialization Board. — The Executive Committee of the municipal, city and provincial development councils shall serve as the Local Countrywide Industrialization Board (LCIB) which shall be directed towards the development of technology and skills, assist all enterprises in the utilization of indigenous raw materials for livelihood programs and in the delivery of credit organizations and marketing services.
In addition to the functions of the local development councils as mandated in the Local Government Code of 1991 (Republic Act No. 7160), they shall perform the following functions:
receive all applications for countrywide industrialization projects within its area of jurisdiction; evaluate and approve or disapprove all project applications within thirty (30) days from receipt thereof; and endorse projects to the Countrywide Industrialization Office (CIO) for funding;
in coordination with the conduit banks, monitor the status of approved projects, help enterprises obtain marketing, technical training and other forms of non-financial assistance as they may require from agencies of the National and Local Governments;
review the industrialization plan for the province, city or municipality as prepared by the municipal, city or provincial development officer if the funding required for the proposed project is to be sourced from CIF;
disseminate pertinent information; and
submit quarterly reports to the CIO on the amounts of financial assistance received by the countrywide industrialization projects within its jurisdiction, and a status report on each countrywide industrialization project. Copy of the report shall be furnished the Sangguniang Bayan or Sangguniang Panlungsod concerned.
SECTION 10. Role of LGUs in Solid Waste Management. — Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions.
Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes: Provided, That the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city.
SECTION 11. Provincial Solid Waste Management Board. — A Provincial Solid Waste Management Board shall be established in every province, to be chaired by the governor. Its members shall include:
(a) All the mayors of its component cities and municipalities;
(b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of either the Committees on Environment or Health or their equivalent committees, to be nominated by the presiding officer;
(c) The provincial health and/or general services officers, whichever may be recommended by the governor;
(d) The provincial environment and natural resources officer;
(e) The provincial engineer;
(f) Congressional representative/s from each congressional district within the province;
(g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or packaging industry; and
(j) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.
The Provincial Solid Waste Management Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board: Provided, further, That in the Province of Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustainable Development, pursuant to Republic Act No. 7611.
In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include:
(i) All mayors of its component cities and municipalities;
(ii) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;
(iii) A representative from the recycling industry; and
(iv) A representative from the manufacturing or packaging industry.
The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.
The Provincial Solid Waste Management Board shall have the following functions and responsibilities:
(1) Develop a provincial solid waste management plan from the submitted solid waste management plans of the respective city and municipal solid waste management boards herein created. It shall review and integrate the submitted plans of all its component cities and municipalities and ensure that the various plans complement each other, and have the requisite components. The Provincial Solid Waste Management Plan shall be submitted to the Commission for approval.
The Provincial Plan shall reflect the general program of action and initiatives of the provincial government in implementing a solid waste management program that would support the various initiatives of its component cities and municipalities.
(2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code;
(3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem;
(4) Recommend measures to generate resources, funding and implementation of projects and activities as specified in the duly approved solid waste management plans;
(5) Identify areas within its jurisdiction which have common solid waste management problems and are appropriate units for planning local solid waste management services in accordance with Section 41 hereof;
(6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan;
(7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan;
(8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its provincial solid waste management plan;
(9) Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national government;
(10) Oversee the implementation of the Provincial Solid Waste Management Plan;
(11) Review every two (2) years or as the need arises the Provincial 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; and
(12) Allow for the clustering of LGUs for the solution of common solid waste management problems.
SECTION 12. City and Municipal Solid Waste Management Board. — Each city or municipality shall form a City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under its geographic and political coverage.
The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with the following as members:
(a) One (1) representative of the Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the Committees on Environment or Health, who will be designated by the presiding officer;
(b) President of the Association of Barangay Councils in the municipality or city;
(c) Chairperson of the Sangguniang Kabataan Federation;
(d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality;
(e) A representative from the recycling industry;
(f) A representative from the manufacturing or packaging industry; and
(g) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.
The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.
The City and Municipal Solid Waste Boards shall have the following duties and responsibilities:
(1) Develop the City or Municipal 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;
(2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays;
(3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs;
(4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan;
(5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays;
(6) Oversee the implementation of the City or Municipal Solid Waste Management Plan; cAHIaE
(7) Review every two (2) years or as the need arises the City or Municipal 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;
(8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan;
(9) Recommend to appropriate local government authorities specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R.A. 6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build-operate-transfer agreements;
(10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code;
(11) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and
(12) Coordinate the efforts of its component barangays in the implementation of the city or municipal Solid Waste Management Plan.
SECTION 13. Establishment of Multi-Purpose Environment Cooperatives or Associations in Every LGU. — Multi-purpose cooperatives and associations that shall undertake activities to promote the implementation and/or directly undertake projects in compliance with the provisions of this Act shall be encouraged and promoted in every LGU.
SECTION 16. Local Government Solid Waste Management Plans. — The province, city or municipality, through its local solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management framework: Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes generated in their respective jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction. The plan shall place primary emphasis on implementation of all feasible re-use, recycling, and composting programs while identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be re-used, recycled, or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a timetable for the implementation of the solid waste management program in accordance with the National Framework and pursuant to the provisions of this Act: Provided, finally, That it shall be reviewed and updated every year by the provincial, city or municipal solid waste management board.
For LGUs which have considered solid waste management alternatives to comply with Sec. 37 of this Act, but are unable to utilize such alternatives, a timetable or schedule of compliance specifying the remedial measures and eventual compliance shall be included in the plan.
All local government solid waste management plans shall be subjected to the approval of the Commission. The plan shall be consistent with the national framework and in accordance with the provisions of this Act and of the policies set by the Commission: Provided, That in the Province of Palawan, the local government solid waste management plan shall be approved by the Palawan Council for Sustainable Development, pursuant to R.A. No. 7611.
SECTION 17. The Components of the Local Government Solid Waste Management Plan. — The solid waste management plan shall include, but not be limited to, the following components:
(a) City or Municipal Profile — The plan shall indicate the following background information on the city or municipality and its component barangays, covering important highlights of the distinct geographic and other conditions:
(1) Estimated population of each barangay within the city or municipality and population projection for a 10-year period;
(2) Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and agricultural area, as well as dump sites, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid waste facilities;
(3) Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial, construction/demolition, street waste, agricultural, agro-industrial, institutional, other wastes; and
(4) Inventory of existing waste disposal and other solid waste facilities and capacities.
(b) Waste characterization — For the initial source reduction and recycling element of a local waste management plan, the LGU waste characterization component shall identify the constituent materials which comprise the solid waste generated within the jurisdiction of the LGU. The information shall be representative of the solid waste generated and disposed of within that area. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial, governmental, or other sources. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities.
(c) Collection and Transfer — The plan shall take into account the geographic subdivisions to define the coverage of the solid waste collection area in every barangay. The barangay shall be responsible for ensuring that a 100% collection efficiency from residential, commercial, industrial and agricultural sources, where necessary within its area of coverage, is achieved. Toward this end, the plan shall define and identify the specific strategies and activities to be undertaken by its component barangays, taking into account the following concerns:
(1) Availability and provision of properly designed containers or receptacles in selected collection points for the temporary storage of solid waste while awaiting collection and transfer to processing sites or to final disposal sites;
(2) Segregation of different types of solid waste for re-use, recycling and composting;
(3) Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites;
(4) Issuance and enforcement of ordinances to effectively implement a collection system in the barangay; and
(5) Provision of properly trained officers and workers to handle solid waste disposal.
The plan shall define and specify the methods and systems for the transfer of solid waste from specific collection points to solid waste management facilities.
(d) Processing — The plan shall define the methods and the facilities required to process the solid waste, including the use of intermediate treatment facilities for composting, recycling, conversion and other waste processing systems. Other appropriate waste processing technologies may also be considered provided that such technologies conform with internationally-acceptable and other standards set in other laws and regulations.
(e) Source reduction — The source reduction component shall include a program and implementation schedule which shows the methods by which the LGU will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements of Sec. 20.
The source reduction component shall describe the following:
(1) strategies in reducing the volume of solid waste generated at source;
(2) measures for implementing such strategies and the resources necessary to carry out such activities;
(3) other appropriate waste reduction technologies that may also be considered, provided that such technologies conform with the standards set pursuant to this Act;
(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;
(5) the methods that the LGU will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through re-use, recycling and composting; and
(6) new facilities and of expansion of existing facilities which will be needed to implement re-use, recycling and composting.
The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the purpose of reducing the amount of waste generated, and other source reduction strategies, including but not limited to, programs and economic incentives provided under Sec. 45 of this Act to reduce the use of non-recyclable materials, replace disposable materials and products with reusable materials and products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste reduction activities of the community shall also take into account, among others, local capability, economic viability, technical requirements, social concerns, disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed and estimated cost shall be incorporated in the plan.
(f) Recycling — The recycling component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements set in Sec. 20.
The LGU recycling component shall describe the following:
(1) The types of materials to be recycled under the programs;
(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through recycling; and
(3) New facilities and expansion of existing facilities needed to implement the recycling component.
The LGU recycling component shall describe methods for developing the markets for recycled materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each LGU may determine and grant a price preference to encourage the purchase of recycled products.
The five-year strategy for collecting, processing, marketing and selling the designated recyclable materials shall take into account persons engaged in the business of recycling or persons otherwise providing recycling services before the effectivity of this Act. Such strategy may be based upon the results of the waste composition analysis performed pursuant to this Section or information obtained in the course of past collection of solid waste by the local government unit, and may include recommendations with respect to increasing the number of materials designated for recycling pursuant to this Act.
The LGU recycling component shall evaluate industrial, commercial, residential, agricultural, governmental, and other curbside, mobile, drop-off, and buy-back recycling programs, manual and automated materials recovery facilities, zoning, building code changes and rate structures which encourage recycling of materials. The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the waste diversion specified under Sec. 20 of this Act. cHAaEC
Recommended revisions to the building ordinances, requiring newly-constructed buildings and buildings undergoing specified alterations to contain storage space, devices or mechanisms that facilitate source separation and storage of designated recyclable materials to enable the local government unit to efficiently collect, process, market and sell the designated materials. Such recommendations shall include, but shall not be limited to separate chutes to facilitate source separation in multi-family dwellings, storage areas that conform to fire and safety code regulations, and specialized storage containers.
The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals pursuant to the objectives of this Act.
(g) Composting — The composting component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20 hereof.
The LGU composting component shall describe the following:
(1) The types of materials which will be composted under the programs;
(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through composting; and
(3) New facilities, and expansion of existing facilities needed to implement the composting component.
The LGU composting component shall describe methods for developing the markets for composted materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of composted products. Each LGU may determine and grant a price preference to encourage the purchase of composted products. DHCSTa
(h) Solid waste facility capacity and final disposal — The solid waste facility component shall include, but shall not be limited to, a projection of the amount of disposal capacity needed to accommodate the solid waste generated, reduced by the following:
(1) Implementation of source reduction, recycling, and composting programs required in this Section or through implementation of other waste diversion activities pursuant to Sec. 20 of this Act;
(2) Any permitted disposal facility which will be available during the 10-year planning period; and
(3) All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste enterprise.
The plan shall identify existing and proposed disposal sites and waste management facilities in the city or municipality or in other areas. The plan shall specify the strategies for the efficient disposal of waste through existing disposal facilities and the identification of prospective sites for future use. The selection and development of disposal sites shall be made on the basis of internationally accepted standards and on the guidelines set in Secs. 41 and 42 of this Act.
Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and to extend life span and capacity. The plan shall clearly define projections for future disposal site requirements and the estimated cost for these efforts.
Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or municipality, the plan shall make provisions for its closure or eventual phase out within the period specified under the framework and pursuant to the provisions under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall be developed and operated as a final disposal site for solid and, eventually, residual wastes of a municipality or city or a cluster of municipalities and/or cities. Sanitary landfills shall be designed and operated in accordance with the guidelines set under Secs. 40 and 41 of this Act.
(i) Education and public information — The education and public information component shall describe how the LGU will educate and inform its citizens about the source reduction, recycling, and composting programs.
The plan shall make provisions to ensure that information on waste collection services, solid waste management and related health and environmental concerns are widely disseminated among the public. This shall be undertaken through the print and broadcast media and other government agencies in the municipality. The DECS and the Commission on Higher Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary and college students.
(j) Special waste — The special waste component shall include existing waste handling and disposal practices for special wastes or household hazardous wastes, and the identification of current and proposed programs to ensure the proper handling, re-use, and long-term disposal of special wastes.
(k) Resource requirement and funding — The funding component includes identification and description of project costs, revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management plan.
The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the specific uses for its resource requirements and indicate its costs. The plan shall likewise indicate how the province, city or municipality intends to generate the funds for the acquisition of its resource requirements. It shall also indicate if certain resource requirements are being or will be sourced from fees, grants, donations, local funding and other means. This will serve as basis for the determination and assessment of incentives which may be extended to the province, city or municipality as provided for in Sec. 45 of this Act.
(l) Privatization of solid waste management projects — The plan shall likewise indicate specific measures to promote the participation of the private sector in the management of solid wastes, particularly in the generation and development of the essential technologies for solid waste management. Specific projects or component activities of the plan which may be offered as private sector investment activity shall be identified and promoted as such. Appropriate incentives for private sector involvement in solid waste management shall likewise be established and provided for in the plan, in consonance with Sec. 45 hereof and other existing laws, policies and regulations; and
(m) Incentive programs — A program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors shall likewise be included in the plan.
SECTION 20. Establishing Mandatory Solid Waste Diversion. — Each LGU plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling, and composting activities and other resource recovery activities: Provided, That the waste diversion goals shall be increased every three (3) years thereafter: Provided, further, That nothing in this Section prohibits a local government unit from implementing re-use, recycling, and composting activities designed to exceed the goal.
SECTION 21. Mandatory Segregation of Solid Wastes. — The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further, That wastes shall be segregated into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to:
(a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center; and
(b) notify the occupants of such buildings of the requirements of this Act and the regulations promulgated pursuant thereto.
SECTION 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging. — No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging: Provided, That the Commission shall determine a phaseout period after proper consultation and hearing with the stakeholders or with the sectors concerned. The presence in the commercial establishment of non-environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at retail to customers.
Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of commercial products within the country shall file a report with the concerned local government unit within one (1) year from the effectivity of this Act, and annually thereafter, a listing of any products in packaging which is not environmentally acceptable. The Commission shall prescribe the form of such report in its regulations.
A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the establishment in which the violation occurs.
SECTION 31. Recycling Market Development. — The Commission together with the National Ecology Center, the DTI and the Department of Finance shall establish procedures, standards and strategies to market recyclable materials and develop the local market for recycled goods, including but not limited to:
(a) measures providing economic incentives and assistance including loans and grants for the establishment of privately-owned facilities to manufacture finished products from post-consumer materials;
(b) guarantees by the national and local governments to purchase a percentage of the output of the facility; and
(c) maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing and making any necessary changes in collecting or processing the materials to improve their marketability.
In order to encourage establishment of new facilities to produce goods from post-consumer and recovered materials generated within local government units, and to conserve energy by reducing materials transportation, whenever appropriate, each local government unit may arrange for long-term contracts to purchase a substantial share of the product output of a proposed facility which will be based in the jurisdiction of the local government unit if such facility will manufacture such finished products from post-consumer and recovered materials.
SECTION 32. Establishment of LGU Materials Recovery Facility. — There shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The determination of site and actual establishment of the facility shall likewise be subject to the guidelines and criteria set pursuant to this Act. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long-term storage or disposal facility or sanitary landfill.
SECTION 37. Prohibition Against the Use of Open Dumps for Solid Waste. — No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid waste, be allowed after the effectivity of this Act: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act: Provided,further, That no controlled dumps shall be allowed five (5) years following the effectivity of this Act.
ARTICLE 7
Local Government Solid Waste Management
SECTION 43. Guidelines for Identification of Common Solid Waste Management Problems. — For purposes of encouraging and facilitating the development of local government plans for solid waste management, the Commission shall, as soon as practicable but not later than six (6) months from the effectivity of this Act, publish guidelines for the identification of those areas which have common solid waste management problems and are appropriate units for clustered solid waste management services. The guidelines shall be based on the following:
(a) the size and location of areas which should be included;
(b) the volume of solid waste which would be generated;
(c) the available means of coordinating local government planning between and among the LGUs and for the integration of such with the national plan; and
(d) possible lifespan of the disposal facilities.
SECTION 44. Establishment of Common Waste Treatment and Disposal Facilities. — Pursuant to Sec. 33 of R.A. 7160, otherwise known as the Local Government Code, all provinces, cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to consolidate, or coordinate their efforts, services, and resources for purposes of jointly addressing common solid waste management problems and/or establishing common waste disposal facilities.
The Department, the Commission and local solid waste management boards shall provide technical and marketing assistance to the LGUs.
CHAPTER V
Financing Solid Waste Management
SECTION 46. Solid Waste Management Fund. — There is hereby created, as a special account in the National Treasury, a Solid Waste Management Fund to be administered by the Commission. Such fund shall be sourced from the following:
(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations, endowments, grants and contributions from domestic and foreign sources; and
(b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act.
The Fund shall be used to finance the following:
(1) products, facilities, technologies and processes to enhance proper solid waste management;
(2) awards and incentives;
(3) research programs;
(4) information, education, communication and monitoring activities;
(5) technical assistance; and
(6) capability building activities.
LGUs are entitled to avail of the Fund on the basis of their approved solid waste management plan. Specific criteria for the availment of the Fund shall be prepared by the Commission.
The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts are committed in order to finance the solid waste management of said LGU. Such allocation shall be based on a sharing scheme between the Fund and the LGU concerned.
In no case, however, shall the Fund be used for the creation of positions or payment of salaries and wages.
SECTION 47. Authority to Collect Solid Waste Management Fees. — The local government unit shall impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a solid waste management plan prepared pursuant to this Act. The fees shall be based on the following minimum factors:
(a) types of solid waste;
(b) amount/volume of waste; and
(c) distance of the transfer station to the waste management facility.
The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In determining the amounts of the fees, an LGU shall include only those costs directly related to the adoption and implementation of the plan and the setting and collection of the local fees.
SECTION 50. Administrative Sanctions. — Local government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. 7160 and other existing laws, rules and regulations.
ARTICLE VII
Responsibilities of the Local Government Units
SECTION 28. Implementation by the LGUs. — The LGUs, pursuant to the provisions of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991", shall undertake applied research, extension, dispersal, management and regulation of agricultural and fisheries machinery and equipment, including the collection of fees.
SECTION 29. Strengthening the Agricultural Engineering Groups of the LGUs. — The agricultural engineering division/section of the agriculture offices of the LGUs organized under Executive Order No. 86, Series of 1999 and Section 46 of Republic Act No. 8435 shall serve as the planning, coordinating, regulating and implementing bodies at the provincial, city and municipal levels on agricultural and fisheries engineering, mechanization and infrastructure programs and projects and shall have the following functions and responsibilities:
(a) Provide agricultural engineering services which include engineering survey, preparation and evaluation of plans, designs, technical specifications, feasibility studies and cost estimates/program of work of irrigation, small water impounding, soil conservation and management, farm machinery, slaughterhouses, poultry dressing plants, postharvest facilities, auction markets, farm-to-market roads and other agricultural and fisheries infrastructure projects of the LGUs;
(b) Administer, supervise and coordinate the construction, operation, maintenance, improvement and management of irrigation, small water impounding, soil and water conservation structures and facilities, farm machinery, postharvest facilities, auction markets, farm-to-market roads and other agricultural and fisheries infrastructure projects of the LGUs;
(c) Undertake the registration of agri-fishery machinery and facilities, enforcement of the PAES and other agricultural and fishery engineering regulatory activities in coordination and collaboration with the concerned national government agencies;
(d) Coordinate with the concerned national government agencies with regard to the implementation of national government programs and projects on irrigation, farm mechanization, postharvest facilities, farm-to-market roads and agricultural and fisheries infrastructure;
(e) Be in the frontline of the delivery of basic agricultural engineering services;
(f) Provide training and extension activities to farmers and fisherfolk particularly in the installation, operation and maintenance of their irrigation, postharvest facilities, agricultural and fishery machinery projects in coordination with the agriculture and fisheries extension workers;
(g) Undertake and/or coordinate the pilot testing and commercialization of matured agricultural and fisheries engineering technologies; and
(h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
To effectively carry out the above functions and responsibilities, the agricultural engineering division of the provincial and city agriculture offices, and agricultural engineering section in the municipal agriculture offices are hereby strengthened and institutionalized into the organizational structure of the LGUs, and if not yet existing, shall be created in the particular LGUs. The LGUs belonging to the first up to the third income classes which are providing or implementing agricultural and fisheries infrastructure, mechanization and engineering projects shall hire at least one (1) agricultural engineer at the provincial, city and municipal levels.
In the case of provincial, city and municipal LGUs belonging to the fourth up to the sixth income classes which are not capable of establishing then agricultural engineering division/section due to financial constraints, the DA through its regional agricultural engineering divisions shall augment and perform such responsibilities and, as deemed necessary, establish its provincial, city and municipal operation units, and shall be allocated and provided with necessary funding and manpower requirements for their operation.
SECTION 33. Agricultural and Fisheries Mechanization Programs at the Local Levels. — The LGUs, through an ordinance, shall also formulate in consultation with the DA and implement their respective provincial, city and municipal agricultural and fishery mechanization plans as a vital component of their respective local development plans.
SECTION 38. Funding. — xxxx
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All LGUs shall include in their investment plans, as part of the priority appropriations for local development fund, the funding support for the implementation of their respective provincial, city, municipal and barangay agricultural and fisheries mechanization programs in accordance with Republic Act No. 7160 and its implementing rules and regulations and the Department of the Interior and Local Government-Department of Budget and Management (DILG-DBM) Joint Memorandum Circular No. 1, Series of 2005.
SECTION 14. Role of National Government Agencies and Local Government Units. — For the purposes of this Act, the concerned NGAs and LGUs shall:
(a) Coordinate with the DICT and the Department of the Interior and Local Government (DILG) in the streamlining of the application, renewal, and approval of permits and certificates, and the regulation, standardization, and implementation of fees pertinent to the effective implementation of the Program;
(b) Facilitate the access of telecommunications companies in government or government-owned or -controlled properties and facilities for the deployment and temporary storage of equipment and property needed to construct infrastructure or install equipment necessary for the implementation of this Act;
(c) Align or enroll their respective programs providing free access to internet service with that provided in this Act;
(d) Ensure the security of installed equipment; and
(e) Assign a designated personnel who can act as site coordinator as needed.
SECTION 2. Declaration of Principles. — The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.
SECTION 8. Air Quality Control Action Plan. — xxxx
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Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Section 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with the emission limitations contained in their permits.
SECTION 20. Ban on Incineration. xxxx
Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.
SECTION 24. Pollution from Smoking. — Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.
SECTION 36. Role of Local Government Units. — Local government units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction: Provided, however, That in case where the Board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.
SECTION 37. Environment and Natural Resources Office. — There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic Act No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by national laws;
e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, finally, That in case an employee is designated as such, he must have a sufficient experience in environmental and natural resources management, conservation and utilization.
CHAPTER III
Responsibilities of the Local Government Units
SECTION 10. Regulation by Local Government Units. — The locals government units, pursuant to the provisions of Republic Act No. 7160, otherwise known at the Local Government Code and Executive Order No. 137, shall regulate the construction, management and operation of slaughterhouses, meat inspection, meat transport and post-abattoir control, monitor and evaluate and collect fees and charges in accordance with the national policies, procedures, guidelines, rules and regulations and quality and safety standards as promulgated by the Secretary.
SECTION 11. Implementation by the Local Government Units. — The local government units shall have full and complete authority over the activities mentioned in the immediately preceding section as well as the authority to evaluate and implement duly prescribed national meat standards within their respective territorial jurisdiction.
In order to improve slaughter facilities and strengthen local meat inspection services, the share of the local government units with regard to ante- and post-mortem fees collection pursuant to the provisions of the Local Government Code and Executive Order No. 137 shall be retained.
For the same purposes, an amount equivalent to twenty percent (20%) of amounts collected from fees, fines and other charges by the NMIS mentioned in Sections 46 and 56 hereof in the enforcement and implementation of national meat standards shall, except for a reasonable fee for services rendered, automatically inure to local government units which shall retain said amount at source.
SECTION 12. Incentive for Local Government Units. — The Local government units shall endeavor to improve existing meat facilities to comply with national standards. The national government shall allocate funds as incentive equivalent to the funds available from local government units, for this purpose.
SECTION 31. Incentives for RE Host Communities/LGUs. — Eighty percent (80%) of the share from royalty and/or government share of RE host communities/LGUs from RE projects and activities shall be used directly to subsidize the electricity consumption of end-users in the RE host communities/LGUs whose monthly consumption do not exceed one hundred kilowatt hours (100 kWh). The subsidy may be in the form of rebates, refunds and/or any other form as may be determined by the DOE, the DOF and the ERC, in coordination with the NREB.
SUBCHAPTER II-E.
Shared Responsibilities of National and Local Governments
SECTION 35. Coordination Between National and Local Governments. — In view of the urgent need to develop a national strategy for tourism development while giving due regard to the principle of local autonomy, the Department, the Department of the Interior and Local Government (DILG) and LGUs shall integrate and coordinate local and national plans for tourism development. The Department may provide financial and technical assistance, training and other capacity-building measures to LGUs for the preparation, implementation and monitoring of their tourism development plans, gathering of statistical data, and enforcement of tourism laws and regulations, giving due priority to areas that have been identified as strategic in the implementation of the national tourism development plan. LGUs shall ensure the implementation of such plans. The Department, the TPB and the TIEZA shall prioritize promotion and development assistance for LGUs which successfully adopt and implement their tourism development plans.
SECTION 36. National Tourism Development Planning. — The Department, in coordination with its attached agencies, LGUs and the private sector, shall continuously update the existing national tourism development plan in view of evolving needs and capabilities of LGUs and the domestic and global tourism market.
SECTION 37. Local Tourism Development Planning. — LGUs, in consultation with stakeholders, are encouraged to utilize their powers under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, to ensure the preparation and implementation of a tourism development plan, the enforcement of standards and the collection of statistical data for tourism purposes. They shall, insofar as practicable, prepare local tourism development plans that integrate zoning, land use, infrastructure development, the national system of standards for tourism enterprises, heritage and environmental protection imperatives in a manner that encourages sustainable tourism development.
SECTION 38. Reports. — In order to monitor the resources of the Department and to ascertain the economic and social impact of tourism, all LGUs shall provide an inventory of all the resources available to the Department for use in the implementation of this Act. They shall likewise periodically report to the Department on the status of tourism plans and programs, tourist arrivals and tourism enterprises, among others, within their jurisdictions.
SECTION 39. Accreditation. — In order to encourage global competitiveness, strengthen data gathering and research on tourism, and facilitate the promotion of individual enterprises and the industry as a whole, the Department shall prescribe and regulate standards for the operation of the tourism industry. Primary tourism enterprises shall be periodically required to obtain accreditation from the Department as to the quality of their facilities and standard of services. Accreditation shall be voluntary for secondary tourism enterprises.
The Department shall evolve a system of standards for the accreditation of these enterprises in accordance with the relevant tourism development plan. These standards shall adhere, insofar as practicable, to those recognized internationally. The Department and LGUs shall ensure strict compliance of tourism enterprises with these standards.
The Department, through the Office of Tourism Standards and Regulations, shall act on complaints regarding accredited tourism enterprises, and after notice and hearing, may impose fines, or downgrade, suspend or revoke accreditation, for violation of the terms thereof. The Department shall likewise have the power and the duty to issue tourism advisories pertaining to tourism enterprises found to have violated the terms of their accreditation. A tourism advisory shall contain the following:
(a) Complete identification of the pertinent tourism enterprise;
(b) Location of this entity;
(c) Its registered owner or proprietor and the business address thereof;
(d) The specific term or terms of accreditation violated; and
(e) The statement that the advisory shall only be lifted upon continued compliance of the enterprise with the terms of accreditation.
Tourism enterprises registered with the TIEZA in accordance with the pertinent provisions below and availing of the incentives under this Act shall further be ordered to pay back taxes in the amount equivalent to the difference between the taxes that they should have paid had they not availed of the incentives under this Act and the actual amount of taxes being paid by them under the same incentive scheme. The back taxes to be collected shall be computed up to three (3) years directly preceding the date of promulgation of the decision or order finding that the tourism enterprise violated the terms of its accreditation. For this purpose, the Department shall enlist the assistance of the Bureau of Internal Revenue in arriving at an accurate computation of back taxes to be paid by the pertinent tourism enterprise. The proceeds of these back taxes shall be distributed as follows:
(a) One-third to the national government;
(b) One-third to the LGUs concerned, to be shared by them equally should there be more than one such LGU; and
(c) One-third to the TIEZA.
Nothing in this section shall diminish the powers of the LGUs under the Local Government Code,pertaining to the issuance of business permits, licenses and the like. When an enterprise fails to obtain or loses accreditation, the Department shall notify the LGU concerned so that it may take appropriate action in relation to an enterprise's licenses and permits to operate.
The Department may, under such relevant terms and conditions stipulated, delegate the enforcement of the system of accreditation to LGUs that have adopted and successfully implemented their tourism development plans.
The Department shall promulgate the necessary implementing rules and regulations to enforce the provisions of this section pursuant to its powers and functions as defined under Section 6 of this Act.
SECTION 40. Value of Accreditation. — The Department shall develop a system to enhance the value of accreditation among primary and secondary tourism enterprises. Only accredited enterprises shall be beneficiaries of promotional, training and other programs of the Department and its attached agencies and corporations.
Accredited enterprises shall, insofar as practicable, give due preference to other accredited enterprises in obtaining relevant services.
The Department shall develop an integrated system of accreditation in coordination with concerned agencies and entities, in order to reduce the regulatory and financial burden on tourism-related enterprises.
SECTION 41. Local Government Capabilities Enhancement. — The Department shall develop support and training programs to enhance the capability of LGUs to monitor and administer tourism activities, and enforce tourism laws, rules and regulations in their respective jurisdictions. Funding for such programs shall be shared equitably between the Department and the LGUs concerned.
SECTION 42. Tourism Officers. — Every province, city or municipality in which tourism is a significant industry shall have a permanent position for a tourism officer. He or she shall be responsible for preparing, implementing and updating local tourism development plans, and enforcing tourism laws, rules and regulations. In the performance of his or her functions, the tourism officer shall coordinate with the Department and its attached agencies.
Prior to appointment, every tourism officer must have obtained a relevant bachelor's degree and at least five (5) years of substantial involvement in the tourism industry. The Department may also prescribe other relevant qualifications and require periodic completion of training programs. Such qualifications and the powers and functions of tourism officers shall be defined in the implementing rules and regulations of this Act.
SECTION 43. Tourism Assistance. — In coordination with the Department's regional offices, every province, city or municipality in which tourism is a significant industry shall establish a tourist information and assistance center to assist tourists and tourism enterprises.
SECTION 44. Tourism Site Classification. — The tourism councils established in the administrative regions of the country shall meet, on a regular basis, to classify and evaluate tourism destinations, sites and activities within their respective regions. Such classifications and evaluations may be used by the Department and its attached agencies, LGUs, and the private sector as guide in the development and implementation of their respective programs.
SECTION 18. Relationship with LGUs. — Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
Associations are encouraged to actively cooperate with LGUs in furtherance of their common goals and activities for the benefit of the residents of the subdivisions/villages and their environs.
Where the LGUs lack resources to provide for basic services, the associations shall endeavor to tap the means to provide for the same. In recognition of the associations' efforts to assist the LGUs in providing such basic services, association dues and income derived from rentals of their facilities shall be tax-exempt:Provided, That such income and dues shall be used for the cleanliness, safety, security and other basic services needed by the members, including the maintenance of the facilities of their respective subdivisions or villages.
LGUs shall, upon due notice, hold public consultations with the members of the affected associations, especially their officers and directors, where proposed rules, zoning and other ordinances, projects and/or programs affecting their jurisdiction and surrounding vicinity are to be implemented prior to the effectivity or implementation of such rules, zoning, ordinances, projects or programs: Provided, That in cases of zonal reclassification, the approval of a simple majority of homeowners shall be required. aSATHE
Such public consultations shall conform to the manner as specified in Rule XI, Article 54 of the implementing rules and regulations of Republic Act No. 7160, otherwise known as the Local Government Code of 1991.
SECTION 52. Farm-to-Market Roads. — The Department shall coordinate with the LGUs and the resident-farmers and fisherfolk in order to identify priority locations of farm-to-market roads that take into account the number of farmers and fisherfolk and their families who shall benefit therefrom and the amount, kind and importance of agricultural and fisheries products produced in the area.
Construction of farm-to-market roads shall be a priority investment of the LGUs which shall provide a counterpart of not less than ten percent (10%) of the project cost subject to their IRA level.
SECTION 71. Counterpart Funding from LGUs. — The LGUs shall, within two (2) years from the effectivity of this Act, provide at least ten percent (10%) of the Maintenance and Other Operating Expenses (MOOE) budget for the operation of the provincial institutes within their area of responsibility.
In consultation with the LGUs, the CHED shall develop a provincial-national partnership scheme for a reasonable sharing of financial support taking into account social equity factors for poor provinces.
SECTION 90. The Role of Local Government Units. — The LGUs shall be responsible for delivering direct agriculture and fisheries extension services.
The provincial governments shall integrate the operations for the agriculture extension services and shall undertake an annual evaluation of all municipal extension programs.
The extension program of state colleges and universities shall primarily focus on the improvement of the capability of the LGU extension service by providing:
a) Degree and non-degree training programs;
b) Technical assistance;
c) Extension cum research activities;
d) Monitoring and evaluation of LGU extension projects; and
e) Information support services through the tri-media and electronics.
SECTION 95. Extension Communication Support for LGUs. — The Department, in coordination with the public and private universities and colleges, shall develop an integrated multimedia support for national and LGU extension programs. The Department shall assist the LGUs in the computerization of communication support services to clients and linkages to the NIN.
SECTION 99. Participation of Government Agencies. — The replication of the program shall be the responsibility of the local government units concerned in collaboration with the appropriate government agencies, and the private sector. The local government units shall bear the costs of promoting and monitoring the basic needs program for which their IRA shall be increased accordingly as recommended by the Secretary of the Department: Provided, That the appropriate national government agencies shall continue to provide the necessary technical as well as financial assistance to the LGUs in the replication of the program.
SECTION 101. Role of Government Agencies. — The appropriate government agencies, under the leadership of the LGUs concerned, shall provide integrated services and information to prospective enterprises under the one-stop-shop concept.
Local government units are authorized to undertake investment and marketing missions provided that the costs of such missions are borne by the LGUs concerned. In making their land use plans, the LGUs, in consultation with the appropriate government agencies concerned, shall identify areas for industrial parks.
The Department shall coordinate with the Department of Trade and Industry, in particular, the Board of Investments, in the formulation of investment priorities for rural areas.
The Regional Wage Boards shall consult participating enterprises in this program before they issue wage orders.
SEC. 36. Role of Local Government Units (LGUs). — Consistent with the mandates for each political subdivision under Republic Act No. 7160 or 'The Local Government Code of 1991, LGUs shall provide basic health care services.
To augment their funds, LGUs shall invest the capitation payments given to them by the Corporation on health infrastructures or equipment, professional fees, drugs and supplies, or information technology and database: Provided, That basic health care services, as defined by the DOH and the Corporation, shall be ensured especially with the end in view of improving maternal, infant and child health: Provided, further, That the capitation payments shall be segregated and placed into a special trust fund created by LGUs and be accessed for the use of such mandated purpose.
SECTION 82. Allocation of Government Share. — The Government share as referred to in the preceding sections shall be shared and allocated in accordance with Sections 290 and 292 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991.In case the development and utilization of mineral resources is undertaken by a government-owned or controlled corporation, the sharing and allocation shall be in accordance with Sections 291 and 292 of the said Code.
SECTION 6. Fees and Other Fishery Charges. — The rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat Licenses (CFBL) shall be set at levels that reflect resource rent accruing from the utilization of resources and shall be determined by the Department:Provided, That the Department shall also prescribe fees and other fishery charges and issue the corresponding license or permit for fishing gear, fishing accessories and other fishery activities beyond the municipal waters: Provided, further, That the license fees of fishery activity in municipal waters shall be determined by the Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs may also recommend the appropriate license fees that will be imposed.
SECTION 17. Grant of Fishing Privileges in Municipal Waters. — The duly registered fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where there are special agencies or offices vested with jurisdiction over municipal waters by virtue of special laws creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and implementation of the aforementioned structures.
SECTION 66. Benefits to Host Communities. — The obligations of generation companies and energy resource developers to communities hosting energy generating facilities and/or energy resource developers as defined under Chapter II, Sections 289 to 294 of the Local Government Code and Section 5(i) of Republic Act No. 7638 and their implementing rules and regulations and applicable orders and circulars consistent with this Act shall continue: Provided, That the obligations mandated under Chapter II, Section 291 of Republic Act No. 7160, shall apply to privately-owned corporations or entities utilizing the national wealth of the locality.
To ensure the effective implementation of the reduction in cost of electricity in the communities where the source of energy is located, the mechanics and procedures prescribed in the Department of the Interior and Local Government (DILG)-DOE Circulars No. 95-01 and 98-01 dated October 31, 1995 and September 30, 1998, respectively, and other issuances related thereto shall be pursued.
Towards this end, the fund generated from the eighty percent (80%) of the national wealth tax shall, in no case, be used by any local government unit for any purpose other than those for which it was intended.
In case of any violation or noncompliance by any local government official of any provision thereof, the DILG shall, upon prior notice and hearing, order the project operator, through the DOE, to withhold the remittance of the royalty payment to the host community concerned pending completion of the investigation. The unremitted funds shall be deposited in a government bank under a trust fund.
Section 9. Protection from Violence. - The State shall ensure that all women shall be protected from all forms of violence as provided for in existing laws. Agencies of government shall give priority to the defense and protection of women against gender-based offenses and help women attain justice and healing.
Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, "Women in Especially Difficult Circumstances" (WEDC) shall refer to victims and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape and incest, and such other related circumstances which have incapacitated them functionally. Local government units are therefore mandated to deliver the necessary services and interventions to WEDC under their respective jurisdictions.
Section 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. - Within a period prescribed in the implementing rules and regulations, the National Commission on the Role of Filipino Women (NCRFW) shall assess its gender mainstreaming program for consistency with the standards under this Act. It shall modify the program accordingly to ensure that it will be an effective strategy for implementing this Act and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities shall adopt gender mainstreaming as a strategy to promote women's human rights and eliminate gender discrimination in their systems, structures, policies, programs, processes, and procedures which shall include, but not limited to, the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing gender issues and concerns shall be designed and implemented based on the mandate of government agencies and local government units, Republic Act No. 7192, gender equality agenda of the government and other GAD-related legislation, policies, and commitments. The development of GAD programs shall proceed from the conduct of a gender audit of the agency or the local government unit and a gender analysis of its policies, programs, services and the situation of its clientele; the generation and review of sex-disaggregated data; and consultation with gender/women's rights advocates and agency/women clientele. The cost of implementing GAD programs shall be the agency's or the local government unit's GAD budget which shall be at least five percent (5%) of the agency's or the local government unit's total budget appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and Nation Building Act, which allocates five percent (5%) to thirty percent (30%) of overseas development assistance to GAD, government agencies receiving official development assistance should ensure the allocation and proper utilization of such funds to gender-responsive programs that complement the government GAD funds and annually report accomplishments thereof to the National Economic and Development Authority (NEDA) and the Philippine Commission on Women (PCW).
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in terms of its success in influencing the gender-responsive implementation of agency programs funded by the remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues towards the realization of the objectives of the country's commitments, plans, and policies on women empowerment, gender equality, and GAD.
Local government units are also encouraged to develop and pass a GAD Code based on the gender issues and concerns in their respective localities based on consultation with their women constituents and the women's empowerment and gender equality agenda of the government. The GAD Code shall also serve as basis for identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for in the plans of all departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities.
To move towards a more sustainable, gender-responsive, and performance-based planning and budgeting, gender issues and concerns shall be integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development Plan and Medium-Term Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies, offices, bureaus, state universities and colleges, and government-owned and -controlled corporations; and
(3) Local plans and agenda such as executive-legislative agenda, comprehensive development plan (CDP), comprehensive land use plan (CLUP), provincial development and physical framework plan (PDPFP), and annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including their attached agencies, offices, bureaus, state universities and colleges, government- owned and -controlled corporations, local government units, and other government instrumentalities shall establish or strengthen their GAD Focal Point System or similar GAD mechanism to catalyze and accelerate gender mainstreaming within the agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or local chief executive, an executive committee with an Undersecretary (or its equivalent), local government unit official, or office in a strategic decision-making position as Chair; and a technical working group or secretariat which is composed of representatives from various divisions or offices within the agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key result areas and shall be given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and - controlled corporations, local government units, and other government instrumentalities shall develop and maintain a GAD database containing gender statistics and sexdisaggregated data that have been systematically gathered, regularly updated; and subjected to; gender analysis for planning, programming, and policy formulation.
Section 41. Penalties. - Upon finding of the CHR that a department, agency, or instrumentality of government, government-owned and -controlled corporation, or local government unit has violated any provision of this Act and its implementing rules and regulations, the sanctions under administrative law, civil service, or other appropriate laws shall be recommended to the Civil Service Commission and/or the Department of the Interior and Local Government. The person directly responsible for the violation as well as the head of the agency or local chief executive shall be held liable under this Act.
Section 42. Incentives and Awards. - There shall be established an incentives and awards system which shall be administered by a board under such rules and regulations as may be promulgated by the PCW to deserving entities, government agencies, and local government units for their outstanding performance in upholding the rights of women and effective implementation of gender-responsive programs.
Section 13. Government Intervention on Newborn Hearing Loss. - If the newborn is diagnosed to have congenital hearing loss, the Newborn Hearing Screening Center or barangay health workers shall provide referral for the treatment of the newborn to the provincial hospital of the local government unit concerned.
If the treatment of the congenital hearing loss of the newborn is beyond the clinical capability of the provincial hospital, the latter shall provide referral for the treatment of the newborn to a Department of Health Tertiary Hospital, the Philippine General Hospital, or other national non-DOH hospitals funded by the national government subsidy.
The provincial hospitals concerned shall have the funds for the treatment of newborn hearing loss from the internal revenue allotment of the local government unit concerned.
ARTICLE IV
HERITAGE ZONES
Section 12. Designation of Heritage Zones. - The National Historical Institute and the National Museum, in consultation with the Commission and the Housing and Land Use Regulatory Board or other concerned agencies, shall designate heritage zones to protect the historical and cultural integrity of a geographical area.
Section 13. Maintenance of Heritage Zones. - A heritage zone shall be maintained by the local government unit concerned, in accordance with the following guidelines:
(a)Implementation of adaptive reuse of cultural property;
(b)Appearance of streets, parks, monuments, buildings, and natural bodies of water, canals, paths and barangays within a locality shall be maintained as close to their appearance at the time the area was of most importance to Philippine history as determined by the National Historical Institute; and
(c)Local government units shall document and sustain all sociocultural practices such as, but not limited to, traditional celebrations, historical battles, recreation of customs, and the reenactment of battles and other local customs that are unique to a locality.
Section 14. Establishment of a Philippine Registry of Cultural Property. - All cultural properties of the country deemed important to cultural heritage shall be registered in the Philippine Registry of Cultural Property.
The Commission, through the appropriate cultural agencies and local government units, shall establish and maintain this Registry within three (3) years from the effectivity of this Act. The guidelines in the registration of cultural property are as follows:
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(b)Local government units, through their cultural offices, shall likewise maintain an inventory of cultural property under its jurisdiction and shall furnish the Commission a copy of the same;
(c)Both cultural agencies concerned and local government units shall continuously coordinate in making entries and in monitoring the various cultural properties in their respective inventory;
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Section 16. Documentation and Preservation of Traditional and Contemporary Arts. - Local government units shall document traditional and contemporary arts and crafts, including their processes and makers, and sustain the sources of their raw materials. Local government units shall encourage and sustain traditional arts and crafts as active and viable sources of income for the community.
The Commission, the Department of Trade and Industry, the Department of Tourism and other government agencies involved directly or indirectly in the production of goods shall assist the local government units in protecting their traditional and contemporary arts and crafts, making them viable for current and future markets, with a view to encouraging and promoting the unique heritage and identities of said communities.
The local government unit concerned shall submit an annual inventory of these documentations to the Commission, which will be included in the Philippine Registry of Cultural Property, as established in Section 14 of this Act.
Section 25. Power to Issue a Cease and Desist Order. - When the physical integrity of the national cultural treasures or important cultural properties are found to be in danger of destruction or significant alteration from its original state, the appropriate cultural agency shall immediately issue a Cease and Desist Order ex parte suspending all activities that will affect the cultural property. The local government unit which has the jurisdiction over the site where the immovable cultural property is located shall report the same to the appropriate cultural agency immediately upon discovery and shall promptly adopt measures to secure the integrity of such immovable cultural property. Thereafter, the appropriate cultural agency shall give notice to the owner or occupant of the cultural property and conduct a hearing on the propriety of the issuance of the Cease and Desist Order. The suspension of the activities shall be lifted only upon the written authority of the appropriate cultural agency after due notice and hearing involving the interested parties and stakeholders.
Section 30. Anthropological Research and Archaeological Exploration/Excavation. -
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(b)When the presence of any cultural or historical property is discovered, the National Museum or the National Historical Institute shall immediately suspend all activities that will affect the site and shall immediately notify the local government unit having jurisdiction of the place where the discovery was made. The local government shall promptly adopt measures to protect and safeguard the integrity of the cultural property so discovered and, within five (5) days from the discovery, shall report the same to the appropriate agency. The suspension of these activities shall be lifted only upon the written authority of the National Museum or the National Historical Institute and only after the systematic recovery of the archaeological materials.
Section 33. Incorporation of Cultural Property Programs in Local Government Units' Budgets. - The local government units are encouraged to incorporate programs and budgets for the conservation and preservation of cultural property in their environmental, educational and cultural activities.
Section 34. Training Programs. - The Commission, in coordination with the appropriate cultural agencies, shall provide general training programs on conservation to the local government units which have established cultural heritage programs and projects in their localities.
Section 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan.
Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities.
LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans.
The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.
It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the establishment and operation of the same or similar establishments in order to prevent violation of the provisions of this Act.
ARTICLE VII
LOCAL GOVERNMENT UNITS
Section 18. Role of Local Government Units (LGUs). – LGUs shall promote the foster care system in their respective territorial jurisdictions.
Section 19. Funding. – In accordance with the Local Government Code, LGUs shall primarily be responsible for social welfare services which include foster care programs. However, the national government shall provide financial support, priority given to third (3rd), fourth (4th) and fifth (5th) class municipalities.
Section 20. Seminars and Trainings. – The DSWD, in coordination with the Department of the Interior and Local Government (DILG), is hereby mandated to develop and provide programs to ensure the awareness and responsiveness of local government officials in the promotion and development of the foster care system in every city, municipality or barangay.
TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE PNP
Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1), Section 51, Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows:
"The term 'operational supervision and control' shall mean the power to direct, superintend, and oversee the day-to-day functions of police investigation of crime, crime prevention activities, and traffic control in accordance with the rules and regulations promulgated by the Commission.
"It shall also include the power to direct the employment and deployment of units or elements of the PNP, through the station commander, to ensure public safety and effective maintenance of peace and order within the locality. For this purpose, the terms 'employment' and 'deployment' shall mean as follows:
"'Employment' refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other related activities.
"'Deployment' shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined."
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:
"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall have the following authority over the PNP units in their respective jurisdictions:
"(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial police director, preferably from the same province, city or municipality: Provided, however, That in no case shall an officer-in-charge be designated for more than thirty (30) days: Provided, further, That the local peace and order council may, through the city or municipal mayor, recommend the recall or reassignment of the chief of police when, in its perception, the latter has been ineffective in combating crime or maintaining peace and order in the city or municipality: Provided, finally, That such relief shall be based on guidelines established by the NAPOLCOM;
"(ii) Authority to recommend to the provincial director the transfer, reassignment or detail of PNP members outside of their respective city or town residences; and
"(iii) Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned to their respective cities or municipalities without which no such appointments shall be attested: Provided, That whenever practicable and consistent with the requirements of the service, PNP members shall be assigned to the city or municipality of their residence.
"The control and supervision of anti-gambling operations shall be within the jurisdiction of local government executives."
Section 64. Automatic Deputation of Local Government Executives as Commission Representatives. – Governors and mayors, upon having been elected and living qualified as such, are automatically deputized as representatives of the National Police Commission in their respective jurisdiction. As deputized agents of the Commission, local government executives can inspect police forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission.
Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 52. Suspension or Withdrawal of Deputation. – Unless reversed by the President, the Commission may, after consultation with the provincial governor and congressman concerned, suspend or withdraw the deputation of any local executive for any of the following grounds:
"(a) Frequent unauthorized absences;
"(b) Abuse of authority;
"(c) Providing material support to criminal elements; or
"(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign.
"Upon good cause shown, the President may, directly or through the Commission, motu proprio restore such deputation withdrawn from any local executive."
Section 70. Budget Allocation. – The annual budget of the Local Government Units (LGU) shall include an item and the corresponding appropriation for the maintenance and operation of their local PLEBs.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. – Local government units shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before the Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address; and
(3) After hearing in which the Board may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner of the premises shall have an opportunity to present evidence in his/her defense, the Board may declare the place or premises to be a public nuisance.
Section 53. Effect of Board Declaration. – If the Board declares a place or premises to be a public nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order. The Board may bring a complaint seeking a permanent injunction against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.
SEC. 4. Definition of Terms. - For purposes of this Act, the following definitions shall hereby apply:
(a) "Agency head" refers to the person responsible for the performance of a government office and/or the person responsible for, the performance of the LGU, such as the chief executive elected under the Local Government Code of 1991.
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(e) "Controlling local government" shall refer to:
(1) The LGU that has custody and control over the local government records; and
(2) Any successor to the LGU that is abolished, merged or reorganized.
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(m) "Local government archives" refers to local government records that have been collected by the controlling LGU that served as historical evidences in the performance of its duties.
(n) "Local government records" refers to records in any form, in whole or in part, created or received, whether before or after the effectivity of this Act, by an LGU in the conduct of its affairs.
(p) "Open access records" refers to:
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(2) Local government archives that are no longer in use, or have been in existence for at least thirty (30) years and are classified as open access records referred under Section 32, and to which public access have not been prohibited, under Section 33 of this Act.
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(s) "Protected record refers to local government records containing data that are important from economic, social, political, legal, national security, scientific, cultural, technological or other aspects, which are indispensable for the research of historical past, for becoming acquainted with and understanding it, and/or for the continuous fulfillment of public duties and the realization of citizens' rights, which are not or only partially available from other sources.
SEC. 23. Protected Records of Local Governments. - (a) The executive director may, by notice in the Official Gazette made after consultation with any local government concerned, declare that a local government record is a protected record for purposes of this Act.
(b) An LGU shall provide for the adequate protection and preservation of a protected record it holds, in accordance with any applicable standards or instructions issued by the executive director.
(c) An LGU shall not dispose of a protected record unless it has:
(1) Notified in writing the executive director of its intention to dispose of the protected records;
(2) Identified the protected record concerned; and
(3) Specified how it intends to dispose of the protected record.
(d) Not later than three months after receiving written notification under subsection (c)(l), the executive director shall:
(1) Direct the local government in writing to transfer the protected record to the control of the executive director, subject to conditions agreed by the head of an LGU and the executive director; or
(2) Authorize the disposal of the protected record identified under subsection (c)(2).
SEC. 32. Access Status of Local Government Records. - (a) When a local government record becomes a local government archive, the head of the local government shall classify it as either:
(1) An open access record; or
(2) A restricted access record.
(b) The head of a local government may, at any time, change the classification of a local government record.
SEC. 33. Grounds for Determining Access Status of Local Government Records. - (a) In classifying the access status of a local government record, the head of the controlling local government shall consider the following:
(1) There are good reasons to restrict public access to the local government record, having regard to any relevant standard or advice issued by the executive director; or
(2) There exists a legal impediment that requires such local government record to be withheld from public access.
(b) If there are no good reasons to restrict public access under subsection (a)(l), or if no legal impediment exists that requires a local government record to be withheld from public access, the head of the controlling government office shall classify the record as an open access record.
(c) However, if there are good reasons to restrict public access under subsection (a)(l), or if a legal impediment so requires a local government record to be withheld from public access, the head of the controlling local government shall, having regard to any relevant standard or advice issued by the executive director determine whether it is necessary to restrict public access to the local government record for a specified period of time, but which shall not be for a period exceeding thirty (30) years or permit public access subject to the appropriate conditions.
(d) Despite subsection (c), the head of the local government may, if there is good reason to do so, restrict public access to the local government record for one or more further specified periods not exceeding thirty (30) years for each further period.
(e) At any time, the head of the controlling local government, having regard to any relevant standard or advice issued by the executive director, may vary or withdraw a condition imposed.
(f) A local government record, subject to a restriction under subsection (c), becomes an open access record on the withdrawal of the restriction.
SEC. 7. Responsibilities of the LGUs. - LGUs, in their respective localities, shall:
(1) Ensure that all Dogs are properly immunized, registered and issued a corresponding Dog tag for every immunized and registered Dog.
(2) Strictly enforce Dog Impounding activities and field control to eliminate Stray Dogs.
(3) Ensure that Dogs are leashed or confined within the premises of the Owner's house or Owner's fenced surroundings.
(4) Allocate funds to augment the implementation of the National Rabies Prevention and Control Program, particularly on the financing of supplies and human and Dog vaccines needed for immunization.
(5) Ensure the enforcement of Section 6 of Republic Act No. 8485 or "The Animal Welfare Act of 1998".
(6) Enact additional local ordinances that will support the National Rabies Prevention and Control Program that should include the regulation of treatment locally known as "tandok."
(7) Prohibit the trade of Dogs for meat.
(8) With respect to cities and first class municipalities, establish and maintain a Dog Pound where Impounded Dogs shall be kept, in accordance with Section 9 herein: Provided, That the other municipalities, shall, on their own, establish a Dog Pound or opt to share the expense of establishing and maintaining a Dog Pound with other adjoining municipalities and/or with private animal shelters and control facilities.
(9) Prohibit the use of electrocution as a euthanasia procedure.
(10) Appoint a veterinarian and establish a veterinary office in every province, city and first-class municipality: Provided, That the other municipalities shall, on their own, opt to share the expense of having a veterinary office.
(11) Require pet shops to post information regarding Rabies and responsible pet ownership.
(12) For purposes of ensuring the administrative feasibility of implementing the provisions of this Act and subject to paragraph 8 of this Section, the LGU shall collect the fines imposed under Section 11 subparagraphs (1). (3), (4), (5) and (6) hereof.
Any and all fines collected pursuant to this Act shall be used for the enhancement of the National Rabies Prevention and Control Program within the locality concerned, as well as the achievement of the objectives envisioned in this Act.
The DILG shall ensure compliance of these responsibilities by the LGUs.
SEC. 9. Impounding Field Control and Disposition of Unregistered, Stray and Unvaccinated Dogs. - Unregistered, Stray or unvaccinated Dogs shall be put in Dog Pounds and disposed of, taking into consideration the following guidelines:
(1) Unregistered, Stray or unvaccinated Dogs shall be impounded and kept in the LGU’s designated Dog Pound.
(2) Impounded Dogs not claimed after three days from the Dog Pound shall be placed for adoption to qualified persons, with the assistance of an animal welfare NGO, when feasible, or otherwise disposed of in any manner authorized, subject to the pertinent provisions of Republic Act No. 8485, otherwise known as the "Animal Welfare Act of 1998".
(3) A fee shall be paid by Owners of Impounded Dogs to the LGU concerned, pursuant to Section 7 hereof.
SEC. 10. Dog Population Control. - In furtherance of the policy of this Act to eradicate Rabies, there is the need to control the Dog population and minimize the number of unwanted Stray Dogs. As such, it is hereby mandated
(1) That the DA, DOH, DILG, DepEd, LGUs, with the assistance of NGOs and POs shall undertake an educational and promotional campaign on responsible Pet Ownership, including the option of spaying or neutering their Dogs.
(2) That the LGUs shall provide an incentive system whereby Owners of Dogs which have been spayed or neutered will be given a subsidized or discounted pet registration fee.
(3) That Dogs which have been impounded three times shall only be released after having been spayed or neutered, at the expense of the Pet's Owner.
SEC. 13. Appropriations. - xxxx For the LGUs, the requirements shall be taken from their Internal Revenue Allotment and other local funds. Xxxx
Section 3. Establishment of the Public Employment Service Office. – To carry out the above declared policy, there shall be established in all provinces, cities, and municipalities a Public Employment Service Office, hereinafter referred to as ‘PESO’, which shall be operated and maintained by local government units (LGUs). The PESOs shall be linked to the regional offices of the Department of Labor and Employment (DOLE) for coordination and technical supervision, and to the DOLE central office, to constitute the national public employment service network.
The PESO shall be under the office of the governor, city or municipal mayor. The PESO shall be initially organized by and composed of a PESO manager and may be assisted by a labor and employment officer (LEO) as may be determined by the LGU.
Upon the request of accredited nongovernment organizations (NGOs) or educational institutions (Els), the DOLE may enter into a memorandum of agreement for the NGO and EI to establish, operate and maintain a PESO and a job placement office, respectively.
To harmonize the provision of employment services in a given territorial jurisdiction, the PESO at the NGOs and the job placement office in Els shall coordinate their activities with the appropriate LGU PESO.
Section 7. Role of the DOLE and the LGUs. – The LGUs, in coordination with the DOLE, shall establish the PESO.
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The LGU shall establish a monitoring system wherein establishments operating in the locality shall report the following relevant labor market information to the concerned office of the LGU:
(1) Present number and nature of jobs; and
(2) Projection of jobs that the establishment will provide or offer in the next five (5) years.
The information shall be submitted to the PESO for job matching and to Els for career guidance of the students.
It shall be the responsibility of the concerned LGU to:
(i) Operate and maintain the PESO;
(ii) Ensure compliance with the operational standards set by the DOLE;
(iii) Extend such assistance and services as may be necessary in the promotion of employment within the area of jurisdiction; and
(iv) Submit to the DOLE periodic: performance and accomplishment reports.
Section 9. Funding. – The funding for the operation and maintenance of the PESO shall be provided by the LGU from its internal revenue allotment and other internally generated income of the LGU concerned. Likewise, the operation and maintenance of the NGO PESOs and job placement offices of Els shall be charged against their internally generated income.
Funds for the provision of technical assistance, training and supervision of the PESO shall be included in the budget of the DOLE in the annual General Appropriations Act.
The amount necessary to implement the provisions of this Act shall be included by the Department of Budget and Management in the annual General Appropriations Act.
SEC. 4. Comprehensive Emergency Program for Children. – The Department of Social Welfare and Development (DSWD) shall formulate a Comprehensive Emergency Program for Children, hereinafter referred to as the Program, taking into consideration humanitarian standards for their protection. The Program shall be used as the basis for handling disasters and other emergency situations to protect children, pregnant and lactating mothers, and support their immediate recovery. This shall be implemented immediately after the declaration of a national or local state of calamity or occurrence of any other emergency situation.
The DSWD shall engage all relevant government agencies and stakeholders for the implementation of the Program. Local government units (LGUs) shall integrate the same in their development and Local Disaster Risk Reduction and Management (LDRRM) plans and budget.
The Program shall be gender-sensitive and have the following components:
Establishment of Evacuation Centers. – LGUs shall establish and identify safe locations as evacuation centers for children and families subject to the limitations found in Section 5 of this Act.
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(d) Stronger Measures to Ensure the Safety and Security of Affected Children.– xxxx
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All LGUs shall prioritize the establishment and functionality of the barangay violence against women and children (VAWC) desks. The VAWC desk shall serve as one of the key reporting and referral mechanism for cases of violence, abuse, and exploitation of children in the barangay diming all phases of emergency response and recovery.
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(g) Establishment of Child-friendly Spaces. – The concerned LGU shall set up child-friendly spaces in every city or municipality declared under a state of calamity, as needed, based on the guidelines to be promulgated by the DSWD. In addition, LGUs shall coordinate with lead agencies and CSOs to effectively respond to the needs of the children in the area. Child-friendly spaces shall be made available throughout a crisis, from emergencies to recovery.
In case the concerned LGU cannot immediately respond due to the huge impact of disaster, the DSWD, together with the concerned national government agencies and in coordination with the CSOs and other stakeholders, as well as nearby LGUs, shall provide the necessary child care services and social protection of affected children.
SEC. 5. Evacuation Centers. – Only in cases where there is no other available place or structure which can be used as a general evacuation center may a school or child development center be used as an evacuation center.
When a school or child development center is used as an evacuation center, gymnasiums, learning and activity centers, auditoriums and other open spaces shall be utilized first. Classrooms shall only be used as a last resort. The use of the school premises shall be as brief as possible. If the use is predicted to exceed fifteen (15) days, the affected LGU shall provide written documentation to the DepED and the DILG on the following:
(a) The name and location of the school;
(b) All alternative sites and proposal for final site selection;
(c) Measures being implemented to prevent interference or disruption to the school and educational activities of children; and
(d) Other particulars to be provided in the implementing rules and regulations of this Act.
SEC. 10. Appropriations. – xxxx
For LGUs, the implementation of the programs shall be charged against the Local Disaster Risk Reduction and Management Fund (LDRRMF).
SECTION 19. Partnership with Local Government. — The LGUs, through the PESOs, shall serve as the conduit of the DOLE in implementing the program at the local level. The PESOs are expected to:
(a) Hire adequate staff to ensure the smooth implementation of the program;
(b) Organize the registration process for the program intake of registrants;
(c) Process and evaluate information of registrants and select eligible program beneficiaries;
(d) Conduct job matching and referral;
(e) Collect and review relevant financial and administrative documents and reports as necessary for the processing of the training grants to the JobStart trainees, as well as the administrative fee provided to the employer;
(f) Maintain a complete profile and record of transactions of program participants and employers; and
(g) Submit a monthly program monitoring report to the DOLE, copy furnished the concerned DOLE regional and field offices, and the office of the local chief executive.
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
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(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center. This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-asa’. The team will work on the individualized intervention plan with the child and the child’s family.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.
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SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused institutions, NGOs, people's organizations, educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year.
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The LGUs shall provide community-based services which respond to the special needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them and their families. These programs shall consist of three levels:
(a) Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.
SEC. 49. Establishment of ‘Bahay Pag-asa’. - Each province and highly-urbanized city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC.
Every ‘Bahay Pag-asa’ will have a special facility called the Intensive Juvenile Intervention and Support Center (IJISC). This Center will be allocated for children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These children will be required to undergo a more intensive multi-disciplinary intervention program. The JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the implementation of the multi-disciplinary intervention program of the IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical assistance to the multi-disciplinary teams operating the said centers.
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. – x x x
The LGUs expected expenditures on the local juvenile intervention program for children at risk and children in conflict with the law shall be included in the LGUs annual budget. Highly-urbanized cities and provincial governments should include a separate budget for the construction and maintenance of the ‘Bahay Pag-asa’ including the operation of the IJISC within the ‘Bahay Pag-asa’.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet the criteria to be established by the JJWC which shall take into account the purpose of the program, the need for the consent of the child and his/her parents or legal guardians, and the participation of the child-centered agencies whether public or private.
SEC. 63. Appropriations. – xxxx
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The LGUs concerned shall make available, from its own resources or assets, their counterpart share equivalent to the national government contribution of Five million pesos (P5,000,000.00) per rehabilitation center.
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Section 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth Attendance. – The LGUs shall endeavor to hire an adequate number of nurses, midwives and other skilled health professionals for maternal health care and skilled birth attendance to achieve an ideal skilled health professional-to-patient ratio taking into consideration DOH targets: Provided, That people in geographically isolated or highly populated and depressed areas shall be provided the same level of access to health care: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision.
For the purposes of this Act, midwives and nurses shall be allowed to administer lifesaving drugs such as, but not limited to, oxytocin and magnesium sulfate, in accordance with the guidelines set by the DOH, under emergency conditions and when there are no physicians available: Provided, That they are properly trained and certified to administer these lifesaving drugs.
Section 6. Health Care Facilities. – Each LGU, upon its determination of the necessity based on well-supported data provided by its local health office shall endeavor to establish or upgrade hospitals and facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and newborn care: Provided, That people in geographically isolated or highly populated and depressed areas shall have the same level of access and shall not be neglected by providing other means such as home visits or mobile health care clinics as needed: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision.
Section 8. Maternal Death Review and Fetal and Infant Death Review. – All LGUs, national and local government hospitals, and other public health units shall conduct an annual Maternal Death Review and Fetal and Infant Death Review in accordance with the guidelines set by the DOH. Such review should result in an evidence-based programming and budgeting process that would contribute to the development of more responsive reproductive health services to promote women’s health and safe motherhood.
Section 10. Procurement and Distribution of Family Planning Supplies. – The DOH shall procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country. The DOH shall coordinate with all appropriate local government bodies to plan and implement this procurement and distribution program. The supply and budget allotments shall be based on, among others, the current levels and projections of the following:
(a) Number of women of reproductive age and couples who want to space or limit their children;
(b) Contraceptive prevalence rate, by type of method used; and
(c) Cost of family planning supplies.
Provided, That LGUs may implement its own procurement, distribution and monitoring program consistent with the overall provisions of this Act and the guidelines of the DOH.
Section 13. Mobile Health Care Service. – The national or the local government may provide each provincial, city, municipal and district hospital with a Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to its terrain, taking into consideration the health care needs of each LGU. The MHCS shall deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities.
Section 16. Capacity Building of Barangay Health Workers (BHWs). – The DOH shall be responsible for disseminating information and providing training programs to the LGUs. The LGUs, with the technical assistance of the DOH, shall be responsible for the training of BHWs and other barangay volunteers on the promotion of reproductive health. The DOH shall provide the LGUs with medical supplies and equipment needed by BHWs to carry out their functions effectively: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision including the possible provision of additional honoraria for BHWs.
Section 20. Public Awareness. – The DOH and the LGUs shall initiate and sustain a heightened nationwide multimedia-campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including, but not limited to, maternal health and nutrition, family planning and responsible parenthood information and services, adolescent and youth reproductive health, guidance and counseling and other elements of reproductive health care under Section 4(q).
Education and information materials to be developed and disseminated for this purpose shall be reviewed regularly to ensure their effectiveness and relevance.
Section 25. Appropriations. – xxxx The Gender and Development (GAD) funds of LGUs and national agencies may be a source of funding for the implementation of this Act.
SEC. 4. Definition of Terms. – For purposes of this Act, the following terms shall be defined as follows:
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(p) Food safety officer refers to a professionally qualified and properly trained officer appointed by a food safety regulatory agency or by local government units (LGUs) in accordance with the appropriate civil service rules and regulations.
(q) Food safety regulatory system refers to the combination of regulations, food safety standards, inspection, testing, data collection, monitoring and other activities carried out by food safety regulatory agencies and by the LGUs in the implementation of their responsibilities for the control of food safety risks in the food supply chain.
SEC. 15. Principal Responsibilities of Government Agencies. – The DA, the DOH, the DILG and the LGUs shall have the following responsibilities:
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(c) The LGUs shall be responsible for food safety in food businesses such as, but not limited to, activities in slaughterhouses, dressing plants, fish ports, wet markets, supermarkets, school canteens, restaurants, catering establishments and water refilling stations. The LGU shall also be responsible for street food sale, including ambulant vending;
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(g) The DA and the DOH, in cooperation with the LGUs, shall monitor the presence of biological, chemical and physical contaminants in food to determine the nature and sources of food safety hazards in the food supply chain.
SEC. 19. Specific Responsibilities of the DILG and the LGUs. – The DILG and the LGUs shall bear the following responsibilities:
(a) The LGUs shall be responsible for the enforcement of the “Code on Sanitation of the Philippines” (Presidential Decree No. 856, December 23, 1975), food safety standards and food safety regulations where food is produced, processed, prepared and/or sold in their territorial jurisdiction. This shall include, but shall not be limited to, the following:
(1) Sanitation particularly in public markets, slaughterhouses, micro and small food processing establishments and public eating places;
(2) Codes of Practice for production, post harvest handling, processing and hygiene;
(3) Safe use of food additives, processing aids and sanitation chemicals; and
(4) Proper labelling of prepackaged foods.
(b) The DILG shall support the DOH and the DA in the collection and documentation of food-borne illness data, monitoring and research.
(c) The DILG and the LGUs shall participate in training programs, standards development and other food safety activities to be undertaken by the DA, the DOH and other concerned national agencies.
SEC. 36. Collection of Fees. – The DA, the DOH and the LGUs, where applicable, shall be allowed to collect fees for the inspection of food products, production and processing facilities, issuance of import or export certificates, laboratory testing of food samples and other fees as may be deemed necessary.
Fees shall be based on an officially-approved procedure for estimating the cost of the activity undertaken and shall be subject to government accounting and auditing rules and regulations.