Eastern Samar Environment Code - 2009

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The Eastern Samar Environment Code
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THE EASTERN SAMAR ENVIRONMENT CODE OF 2009
SABULAO, E. (Ll.B.)
Member, Sangguniang Panlalawigan, Eastern Samar, Philippines
EGIRANI, D.E. (PGC; BSc; MSc; PhD; MSAN; MNMGS; MMAGBNI)
Environment and Natural Resource Consultant

United Kingdom
ISBN 978-34548-8-9
This e-book is sold subject to the condition that it shall not by way of trade or otherwise, be lent,
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All Rights Reserved

Published in 2009 by
ENO PMC SERVICES LIMITED United Kingdom
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TABLE OF CONTENTS
ARTICLE I ................................................................................................................................... 12
TITLE OF THE ORDINANCE ................................................................................................ 12
Section 1. Title of the Ordinance ........................................................................................... 12
ARTICLE II .................................................................................................................................. 12
AUTHORITY AND PURPOSE ............................................................................................... 12
Section 2. Authority. .............................................................................................................. 12
Section 3. Objectives and Purposes. ...................................................................................... 13
Section 4. Declaration of Operative Principles. .................................................................... 14
Section 5. Declaration of Policy. ........................................................................................... 15
Section 6. Definition of Terms. ............................................................................................. 15
ARTICLE III................................................................................................................................. 18
FOREST RESOURCES ............................................................................................................ 18
Section 7. Operative Principles ............................................................................................. 18
Section 8. Forest Resources Management Framework. ........................................................ 18
Section 9. Greening Eastern Samar. ...................................................................................... 18
Section 10. Arbor Week. ....................................................................................................... 19
Section 11. Development of Production Forests. .................................................................. 19
Section 12. (a) Management of Protection Forest ................................................................. 21
Section 13. Development of Recreation Forest ..................................................................... 21
Section 15. Prior Consent of Sanggunian .............................................................................. 21
Section 16. Annual Investment Plans – ................................................................................. 22
Section 17. Organization ....................................................................................................... 22
Section 18. ............................................................................................................................. 22
Section 19. Government Intervention on Unproductive Lands of Public Domain. .............. 22
Section 20. A Tree for Legacy Program. ............................................................................... 23
Section 21. Certificate of Tree Planting. ............................................................................... 23
Section 22. Silvicultural Practices. ........................................................................................ 23
2
Section 23. Assisted Natural Regeneration ........................................................................... 23
Section 24. Cutting, Removal, Gathering, Possession, Hauling and Transport of Timber and
other Forest Products without Permit and Transport Documents.......................................... 23
Section 25. Apprehension, Seizure, Confiscation and Disposition of Illegally

Cut/Transported Forest Products. .......................................................................................... 24
Section 26. Land Marker Establishment along Entrance Road to Timberland Areas. .......... 24
Section 27. Forest Resource Management and Utilization.................................................... 24
Section 28. Utilization Permits within Devolved Project Areas. .......................................... 24
Section 29. Promotion of Value Added Forest Products. ...................................................... 24
Section 30. Co-Management of other Forest Areas. ............................................................. 24
Section 31. Programs and Projects, Planning and Implementation of Devolved ENR
Functions to LGUs and its Governing Principles. ................................................................. 25
Section 32. Accounting and Documentation of Project Areas, Programs and Functions
Devolved to the Local Government Units of Eastern Samar. ............................................... 25
Section 33. Joint Management Conference with the DENR and LGUs Technical Personnel
in the Development and Utilization of Forest Products within the Province. ....................... 25
Section 34. Prohibited Acts and Its Corresponding Penalties regarding the Utilization of
Forest Products PD 705 and other Local Ordinances. ........................................................... 26
ARTICLE IV ................................................................................................................................ 27
MINERAL AND QUARRY RESOURCES ............................................................................. 27
Section 35. Operative Principles ........................................................................................... 27
Section 36. Management of Mineral Resources. ................................................................... 27
(a) Mineral Resources Development and Management Plan. .......................................... 28
(b) Identification of Potential Source and Unexplored Mineral Resources. .................... 28
(c) Evaluation and Inventory of Mineral Lands/Areas. ................................................... 28
Section 37. Mining Claim Application, Extraction and Utilization of Mineral Resources. . 28
(a) Mining Claims and Mineral Exploration. ................................................................... 28
(b) Mining Operation and Environmental Safety. ............................................................ 29
(c) Quarry Operation. ....................................................................................................... 30
(d) Sand and Gravel Extraction ........................................................................................ 30
(e) Guano Extraction ........................................................................................................ 30
Section 38. Acceptance and Receiving of Mineral Permit Application by PMRB .............. 30
Section 39. Secretariat to the PMRB ..................................................................................... 31

3
Section 40. Approval of Permit Application. ........................................................................ 31
Section 41. Special Permit. .................................................................................................... 31
Section 42. Mineral Resources Processing. .......................................................................... 31
Section 43. Processors Permit. .............................................................................................. 31
Section 44. Transport of Mineral Resources. ........................................................................ 32
Section 45. Regulatory Provisions......................................................................................... 32
Section 46. Governing Laws ................................................................................................. 32
Section 47. Exploitation of Quarry Resources ...................................................................... 32
Section 48. Monitoring and Evaluation ................................................................................. 33
Section 49. Organization – .................................................................................................... 33
Section 50. Prohibited and Punishable Acts – ....................................................................... 33
Section 51. Penal Provisions. ................................................................................................ 33
(d) Mines Arson. .............................................................................................................. 34
(e) Willful Damage to a Mine. ......................................................................................... 34
(f) Illegal Obstruction to Permittees/Contractors. ........................................................... 34
(h) Illegal Obstruction to Government Officials .............................................................. 34
i) Fines. .............................................................................................................................. 34
ARTICLE V .................................................................................................................................. 35
WATER RESOURCES............................................................................................................. 35
Section 53. Establishment of a Water Resources Trust Fund................................................ 35
Section 54. Designation of Priority Watershed for Protection – ........................................... 35
Section 55. Water Resources Management Plan – ................................................................ 36
Section 56. Water Quality Monitoring .................................................................................. 36
`Section 57. Protection of Public Water Infrastructure ......................................................... 37
Section 58. Protection of Riverbanks Easements, Rights-of-Way and Greenbelts ............... 37
Section 59. Drainage System – .............................................................................................. 37
Section 60. Organic Farming and Soil and Water Conservation ........................................... 37
Section 61. Health and Sanitation Measures – ...................................................................... 37
Section 62. Water Usage and Classification – ....................................................................... 37
4
Section 63. Utilization of Waters .......................................................................................... 37
Section 64. Control of Waters ............................................................................................... 38
Section 65. Conservation and Protection of Waters and Watersheds ................................... 38
Section 66. Prohibited and Punishable Acts – ....................................................................... 39
Section 67. Penal Provisions. ................................................................................................ 39
ARTICLE VI ................................................................................................................................ 41
INTEGRATED WASTE MANAGEMENT ............................................................................. 41
Section 70. Integrated Waste Management ........................................................................... 42
Section 71. Role of the Province – ........................................................................................ 42
Section 72. Waste Management Bodies. ............................................................................... 42
Section 73. Waste Segregation at Source. ............................................................................. 43
Section 74. Sorting and Storage. ........................................................................................... 43
Section 75. Collection and Transport and Recycling. .......................................................... 43
Section 76. Compost Pit Establishment. ................................................................................ 43
Section 77. Prohibition against the Use of Open Dumps and Controlled Dump Facilities for
Solid Waste Disposal. ............................................................................................................ 43
Section 78. Sanitary Landfill Establishment. ........................................................................ 44
Section 79. Clustering of Sanitary Landfill for Common Solid Waste Treatment and
Disposal Facilities.................................................................................................................. 44
Section 80. Solid Waste Ordinance. ...................................................................................... 44
Section 81. Hazardous and Toxic Waste. .............................................................................. 44
Section 82. Burial Grounds ................................................................................................... 44
Section 83. Solid Waste Management Plan. .......................................................................... 44
Section 84. Ecological Waste Management Team. ............................................................... 45
Section 86. Fines and Penalties. ............................................................................................ 45
Section 87. Administrative Sanctions. ................................................................................... 46
ARTICLE VII ............................................................................................................................... 46
COASTAL RESOURCES ........................................................................................................ 46
Section 89. (a) Delineation of Municipal Waterways ........................................................... 47
5
Section 90. Conservation of Biological Diversity and Preservation of Heritage Items ........ 47
Section 91. Community Participation and Integration of National Government Agencies .. 47
Section 92. Coastal Zoning and Management Guidelines ..................................................... 48
Section 93. Environmental Impact Assessment .................................................................... 49
Section 94. Provision of Tenurial Security and Management Rights.................................... 49
Section 95. Promotion of Conducive Policy and Complimentary Province-Wide Fishery

Ordinance............................................................................................................................... 49
Section 96. Public Beaches .................................................................................................... 49
Section 97. Gathering, Extraction, and /or Removal of Beach Sand and Corals .................. 50
Section 98. Coastal Resource Management Fund ................................................................. 50
Section 99. Municipal Fisheries ............................................................................................ 50
Section 100. Promotion of Conducive Policy and Complementary Province Wide Fishery
Ordinance............................................................................................................................... 51
Section 101. Fund Support to Matarinao Bay Management Council (MBMC). ................... 51
Section 102. Aquaculture ...................................................................................................... 51
Section 103. Post Harvest Facilities, Activities and Trades ................................................. 52
Section 104. Fishery Reserves, Refuge and Sanctuaries ....................................................... 52
Section 105. Prohibition and Penalties. ................................................................................. 52
Section 106. General Provisions ............................................................................................ 55
ARTICLE VIII .............................................................................................................................. 55
AIR POLLUTION MANGEMENT ......................................................................................... 55
Section 107: Operative Principles- ........................................................................................ 55
Section 108. Vehicle Emission Control................................................................................. 56
Section 109. Industrial Pollution Control .............................................................................. 56
Section 110. Ambient Air Quality and Noise Level Monitoring .......................................... 56
Section 111. Information and Education ............................................................................... 56
Section 112. Industry Group .................................................................................................. 56
Section 113. Anti-Smoke Belching. ...................................................................................... 56
Section 114. Ban o ................................................................................................................. 56
Section 115. Ban on Incineration. ......................................................................................... 56
Section 116. Acts Prohibited and Punishable under this Code.............................................. 56
6
Section 117. Penal Provisions. Violations of the provisions of Air Pollution Control shall be
subject to the penalties as provided in RA 8749. .................................................................. 57
N
NUUIISSA
ANNC
CEE............................................................................................................................... 58
Section 118. Operative Principle. ......................................................................................... 58
Section 119. Types of Nuisances ........................................................................................... 58
W
WAATTEER
R PPO
OLLLLU
UTTIIO
ONNM
MAAN
NAAG
GEEM
MEEN
NTT ............................................................................... 59
Section 122. Operative Principles. ........................................................................................ 59
Section 123. Wastewater Disposal System............................................................................ 59
Section 124. Collection, Handling, Transport, Treatment and Disposal of Domestic Sludge
and Septage. ........................................................................................................................... 60
Section 125. Pollution Control Officer. ................................................................................. 60
Section 126. Penal Provision. ................................................................................................ 60
ARTICLE IX ................................................................................................................................ 60
ECOTOURISM ......................................................................................................................... 60
Section 127. Operative Principles ......................................................................................... 60
Section 128. Community-Based Ecotourism......................................................................... 60
Section 129. Authorized and Unauthorized Ecotourism Sites .............................................. 61
Section 130. Ecotourism Plan Review .................................................................................. 61
Section 131. Preparation of Ecotourism Framework Plans ................................................... 61
Section 132. Incentives .......................................................................................................... 61
Section 133. Environmental Standards .................................................................................. 61
Section 134. Sensitive Areas ................................................................................................. 62
Section 135. Provisions for Accreditation ............................................................................. 62
Section 136. Provincial Tourism Council.............................................................................. 62
Section 137. Function of the Provincial Tourism Council .................................................... 62
Section 138. Acts Prohibited and Punishable under this Code-shall include but limited to
the following: ......................................................................................................................... 62
ARTICLE X .................................................................................................................................. 62
ENVIRONMENTAL IMPACT ASSESSMENT AND MONITORING ................................. 62
Section 139. Operating Principles ......................................................................................... 62
Section 140. Functions of the EAI Monitoring Team ........................................................... 63
Section 141. Validation of Scoping Sessions ........................................................................ 63

7
Section 142. Participation in the Preparation of EIS Document ........................................... 63
Section 143. Review of EIA and IEE .................................................................................... 63
Section 144. Participation in Public Consultations and Hearings ......................................... 63
Section 145. Law Enforcement ............................................................................................. 64
Section 146. Inventory of Establishments ............................................................................. 64
Section 147. IEE Compliance for Projects not Covered by the EIA System ........................ 64
Section 148. Environmentally Critical Areas- ....................................................................... 64
Section 149. Training ............................................................................................................ 64
Section 150. Environmental Guarantee Fund ........................................................................ 64
Section 151. ECC Requirement. ............................................................................................ 64
Section 152. ECC Monitoring and Compliance. ................................................................... 65
Section 153. Adjudication of Pollution Complaints. ............................................................. 65
Section 154. Penal Provisions ............................................................................................... 65
ARTICLE XI ................................................................................................................................ 65
COMPREHENSIVE LAND MANAGEMENT INCLUDING WETLAND ........................... 65
Section 156. Basic Policies .................................................................................................... 65
Section 157. CLUP Formulation ........................................................................................... 65
Section 158. Compatibility of Provincial, City and Municipal Comprehensive Land Use
Plans....................................................................................................................................... 66
Section 159. Land Management System ............................................................................... 66
Section 160. Administration of the One ................................................................................ 66
Section 161. Land Survey ...................................................................................................... 66
Section 162. Identification of A&D areas through surveys................................................... 66
Section 163. Delineation of Barangay Service Center within Timberland Areas. ................ 66
Section 164. Fund Allocation for Surveys of Political Boundary and Settlement. ............... 67
Section 165. Land Use, Conversion and Zoning ................................................................... 67
Section 166. Penal Provisions. .............................................................................................. 67
WETLAND MANAGEMENT ................................................................................................. 68
Section 168. Revision and Harmonization of Protected Area management Plan. ................ 68
8
Section 169. Wetland Protected Area Management Committee ........................................... 68
Section 170. Demarcation and Delineation of Different Zones within Wetland Protected
Areas. ..................................................................................................................................... 68
Section 171. Reversion of A and D Areas with Declared Protected Areas into Forestland .. 68
Section 172. Protection and Rehabilitation of Wetlands. ...................................................... 68
Section 173. Prohibition of occupancy. ................................................................................. 68
Section 174. Organization of Task Force on Wetland Protection. ........................................ 68
Section 175. Creation of Protected Area and Warden Officers Position............................... 69
Section 176. Issuance of Permit, License and Tenurial Instrument ...................................... 69
Section 177. Mono Cropping within Wetland Protected Areas. ........................................... 69
Section 178. Recognition of Cultural Rights of Local Communities. ................................... 69
Section 179. Fund Support .................................................................................................... 69
Section 180. Prohibition and Punishment Acts. .................................................................... 69
Section 181. Penalties regarding the Abuse of Protected Wetlands. ..................................... 69
ARTICLE XII ............................................................................................................................... 70
BIODIVERSITY MANAGEMENT AND CULTURAL RESOURCE PRESERVATION .... 70
Section 183. Resource Inventory and Accounting of Significant Sites and Species ............. 70
Section 184. Conservation Breeding and Caring of Wildlife ................................................ 70
Section 185. Protection of Wildlife Species and Habitat outside Protected Areas ............... 70
Section 186. Community Awareness on Resources and Environment (CARE). .................. 70
Section 187. Establishment of Tree Parks and Greenbelt. .................................................... 71
Section 188. Cultural Resource Preservation ....................................................................... 71
Section 189. Regulation and Control. .................................................................................... 71
Section 191. Illegal Acts. Consistent With RA No. 9147, The Following Acts Shall Be
Declared Illegal: .................................................................................................................... 72
A
ARRTTIIC
CLLEE X
XIIIIII .............................................................................................................................. 74
PPR ROOMMO OTTIIO

ONNO
OFF O
ORRG GA AN NIICC FARMING A AN ND D IINNTTEEG GR RA ATTEED D PPEESSTT M MA AN NA AG GEEM MEEN NTT
((IIPPM
M)) PPR
ROOGGRRA
AMM .................................................................................................................... 74
Section 193. Formulation of Plan. ......................................................................................... 74
Section 194. Promotion of Organic Fertilizer. ...................................................................... 75

9
Section 196. Promotion of Balanced Fertilization “tipid-abono” approach/ zero chemical or

pure organic farming. ............................................................................................................ 75
Section 1967 Establishment of integrated organic-based model farms ................................. 75
Section 198. Institutionalization of viable farmers association/ cooperatives as community

compost and bio-predator producers. .................................................................................... 75
Section 199. Incentives. ......................................................................................................... 75
Section 200. Government Support......................................................................................... 75
ARTICLE XIV.............................................................................................................................. 75
SAFE USE AND HANDLING OF HARMFUL CHEMICALS .............................................. 75
Section 202. Prohibiting the sale and use of banned and restricted pesticides in the
Philippines. ............................................................................................................................ 76
Section 203. Restriction for the Use of Harmful Chemicals. ............................................... 76
Section 204. Labeling of Chemicals ...................................................................................... 77
Section 205. Labeling of Chemicals ..................................................................................... 77
Section 206. Safe handling during transport and storage ...................................................... 78
Section 207. Use of personal protective equipment (PPE). ................................................... 78
Section 208. Disposal of waste chemicals and empty containers.......................................... 78
Section 209. Penal Provisions. .............................................................................................. 78
ARTICLE XV ............................................................................................................................... 79
EEN
NEER
RGGY
YRREESSO
OUUR
RCCEESS M
MAAN
NAAG
GEEM
MEEN
NTT............................................................................. 79
Section 211. Research, exploration and development of conventional non-conventional

energy resources. ................................................................................................................... 80
Section 212. Area qualified for research and exploration. .................................................... 80
Section 213. Government Support......................................................................................... 80
Section 214. Empowering the ESESDC to act as Energy Management and Development
Board. .................................................................................................................................... 80
Section 215. Funding Assistance. .......................................................................................... 81
A
ARRTTIIC
CLLEE XVIII......................................................................................................................... 81
EEN
NGGIIN
NEEEER
RIIN
NGGA
ANND
D IIN
NFFR
RAASSTTR
RUUC
CTTU
URREE M
MAAN
NAAG
GEEM
MEEN
NTT ............................................ 81
Section 216 Operative Principles. ........................................................................................ 81
10
Section 217. Construction of Building, Roads, Bridges and Flood Control. ........................ 81
Section 218. Establishment of Dust Collector and Facilities. ............................................... 81
Section 219. Rehabilitation, Maintenance and Landscaping or Planting of Trees along Road-
Right ...................................................................................................................................... 82
Section 220. Establishment of Strategic Waiting Sheds and Travelers Assistance Center
along National Highway. ....................................................................................................... 82
A
ARRTTIIC
CLLEE X
XVVIIII ............................................................................................................................ 82
COMMON PROVISIONS ........................................................................................................ 82
ENFORCEMENT AND MONITORING ................................................................................. 82
Section 221. Operative Principles. This title shall be applicable to all Articles mentioned
under Title II of this code. ..................................................................................................... 82
Section 222. Memorandum of Agreement. ........................................................................... 82
Section 223. Program and Project Implementation. .............................................................. 82
Section 224. Creation of the Provincial Environment and Natural Resources Office - LGU 83
Section 225. ........................................................................................................................... 84
Section 226. ........................................................................................................................... 84
Section 227 ............................................................................................................................ 84
Section 228. Monitoring Stations and Checkpoints. ............................................................. 84
Section 229. Sharing Scheme on Fines Collected from Penalties. ........................................ 84
Section 230. Rewards to Informants...................................................................................... 84
XVIII ............................................................................................................................................. 85
RESEARCH DEVELOPMENT AND ENVIRONMENTAL AWARENESS PROMOTION 85
Section 232. Natural Resource Data Base System. ............................................................... 85
Section 233. Research and Development Programs. ............................................................. 85
Section 234. Resource Valuation........................................................................................... 85
Section 235. Environmental Awareness and Advocacy. ...................................................... 85
Section 236. Budgetary Allocation on Environmental Management Activities under the

Twenty Percent (20%) Development Fund. .......................................................................... 85
Section 237. Allocation of proceeds derived from local fees and charges ............................ 86
Section 238. Fund Support .................................................................................................... 86
ARTICLE XIX.............................................................................................................................. 86
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EASTERN SAMAR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT

COUNCIL (ESESDC ................................................................................................................ 86
Section 239. Creation. ........................................................................................................... 86
Section 240. Powers and Functions. The powers and functions of Eastern Samar
Environment and Sustainable Development Council (ESESDC): ........................................ 86
Section 241. Composition...................................................................................................... 87
Section 242. Meetings. .......................................................................................................... 87
Section 243. The Secretariat – Powers and Functions........................................................... 87
ARTICLE XX ............................................................................................................................... 88
FINAL PROVISIONS .............................................................................................................. 88
Section 244. Mandatory Review. ......................................................................................... 88
Section 245. Implementing Rules and Regulations- ............................................................. 88
Section 246. Applicability Clause ......................................................................................... 88
Section 247. Reparability Clause........................................................................................... 88
Section 248. Repealing Clause- ............................................................................................. 88
Section 249. Suppletory Clause ............................................................................................. 88
Section 250. Effectivity Clause- ............................................................................................ 88
ARTICLE I
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance. – This ordinance shall be known as “The Environmental
Code of the Province of Eastern Samar of 2008” and shall hereinafter be referred to as the
Code.
ARTICLE II
AUTHORITY AND PURPOSE
Section 2. Authority. – This Code is enacted pursuant to the provisions of:
A) Constitution of the Philippines (1987), particularly Section 15 and 16, Article II,
Declaration of Principles and State Policies and Sections 1,,3, 5,6,7 and 8, Article XII,
national Economy and Patrimony.
B) Republic Act No. 7160, also known as the Local Government Code of 1991, particularly
Sections 2(a), 2(c), 3(d), 3(e), 3(f) up to 3(m), 5(a), 5(c), 16, 17, 26, 27, 33, 34, 35, 36, 129,
12
186, 289, therefore, including Sections, 389(b)(9), 444(b)(3)(vi), 444(b)(3)(vi), 445(b)(3)(v),

and 465(b)(3)(v), which mandates the Municipal Mayor, City Mayor, and Provincial
Governor, respectively, to adopt adequate measures to safeguard and conserve land, mineral,
marine, forest and other resources: Section 447(a)(l)(vi), Section 458(l)(vi), and Section 468
(a)(vi), which provides for the authorities of the Sangguniang Panlalawigan, respectively to
protect the environment.
Section 3. Objectives and Purposes. – This Code is enacted for the following objectives and
purposes.
Objectives:
a) To promote the principles of ecologically sustainable development: Such that the use,
development and protection of the environment should be managed by LGU’s in a way, and
at a rate, that will enable people and communities to provide for their economic, social and
physical well-being and for their health and safety while sustaining the capacity of mother
nature to replenish itself so that natural and physical resources can meet the reasonably
foreseeable needs of future generations;
b) To ensure that all reasonable and practicable measures are undertaken by LGU’s to protect,
restore and enhance the quality of the environment having regard to the principles of
ecologically sustainable development, and:
c) To prevent, reduce, minimize, and where practicable, eliminate harm to the environment:
c.1. By programs to encourage and assist action by industry, government authorities, and
the community, aimed at pollution prevention, clean productions and technologies, reduction,
re-use and recycling of materials and natural resources and waste minimization;
c.2. By regulating in an integrated, systematic and cost-effective manner:
i. Activities, products, substances and services that through pollution and production of
waste can cause environmental harm.
ii. The generation, storage, transportation, treatment and disposal of waste;
c.3. TO coordinate activities, policies and programs necessary to prevent, reduce, minimize or
eliminate environmental harm to ensure effective environmental protection, restoration and
enhancement;
c.4. To facilitate the adoption and implementation of environmental protection measures

agreed on by the national government and local government units in the province under inter-
LGU arrangements for greater uniformity and effectiveness in environmental protection;
c.5. To apply a precautionary approach to the assessment of risk of environmental harm and
ensure that all aspects of environmental quality affected by pollution and waste, including
ecosystem sustainability and valued environmental attributes are considered in decisions
relating to the environment.
c.6. To require all persons, natural and juridical, engaged in polluting activities, to
progressively make environmental improvements including reduction of pollution and waste
at source as such improvements become practicable through technological and economic
development;
c.7. To allocate the cost of environmental protection and restoration equitably and in a manner
that encourages responsible use of and reduce harm to the environment with polluters bearing
an appropriate share of the cost that arise from their activities, products, substances, and
services;
13
c.8. To provide for monitoring and reporting on environmental quality on a regular basis to
ensure compliance with environmental laws, rules, and regulations, and the maintenance of a
record of trends in environmental quality;
c.9. To provide for reporting to the Governor and the SP thru the Committee on
Environmental Protection and Energy about the state of the environment on a periodic basis.
c.10. To promote industry and community education and involvement in decisions about the
environmental protection, restoration and enhancement, and disclosure of, and public access
to, information about significant environmental incidents.
Purposes:
a) Operationalizing the powers and responsibilities of the local government units of

Eastern Samar in the delivery of general welfare services particularly in environment and
natural resources management.
b) Provide guidance to the lower level local government units in the exercise of their
powers and in optimizing the opportunities provided under RA 7160;
c) Establish the framework for a local government-driven, inter-agency, and multi-sectoral

system of environment management in the province;
d) Regulate, control, and guide future growth and development of the province in the
pursuit of its common vision of progress through agro-industrial and eco-tourism
development within the context of wise management and utilization of the natural, bio-
physical, geological cultural and historical heritage of the Eastern Samarenos;
e) Inform the citizens on the environment and natural resources management policy of the
Provincial Government of Eastern Samar; and
f) Establish a mechanism for implementing the provisions of this Code.
Section 4. Declaration of Operative Principles. – This Code is premised upon the following
principles of the Province of Eastern Samar;
a) The active cooperation and participation of Eastern Samarenos is critical towards the
attainment of sustainable development.
b) The right to balance ecology is part of the right to life itself;
c) Every generation has an inter-generational responsibility to safeguard the environment

for the enjoyment and use of future generations.
d) The people are the stewards of God’s gift of nature for sustainable livelihood;
e) The enactment and enforcement of laws concerning the protection and conservation of
the environment shall be just and consistent with the laws of mother nature;
f) The use of environment-friendly and appropriate technologies is a critical foundation

for a healthy and progressive generation;
g) All development activities shall always give importance and respect for the indigenous
culture and practices of the people including gender and population consist with ecological
principles;
14
h) The sustainable economic development of Eastern Samar calls for a judicious use of
natural resources and an equitable access to all in accordance with existing laws; and
i) All Eastern Samarenos have the right to be informed and to participate in all
undertaking pertinent to the sustainable utilization, protection, preservation, and conservation
of natural resources.
Section 5. Declaration of Policy. – Cognizant of the enormous promise and opportunity for
prosperity offered by the quality, quantity, diversity, and sustainability of our environment
and natural resources through which we envisage to arrest in part the high rates of out-
migration of our fellow Estehanons as occasioned by the growing scarcity and declining
productivity of our natural resources and considering that environment and natural resources
and management within the province transcends municipal boundaries, it is hereby declared
the policy of the provincial government to secure for the use and enjoyment of the present and
future generations of Eastern Samarenos the perpetual existence of adequate environment and
natural resources in order to support indefinitely the sustainable development requirements of
the province.
Section 6. Definition of Terms. – As used in this Code, the following words and phrases
shall be defined
a) “Alienable and Disposable (A and D) lands” refer to those lands of the public domain
which have been declared by law as not needed for forest purposes.
b) “Biological Diversity” means the variability among living organisms from all sources
including terrestrial, marine, and other aquatic eco-system and the ecological complexes of
which they are part; this includes diversity within species, and between species and eco-
systems.
c) “Buffers Zones” are identified areas outside the boundaries of and immediately
adjacent to designated protected areas and needed special development control in order to
avoid or minimize harm to the protected area.
d) “Coastal Area/Zone” – is a band of dry land and adjacent ocean space (water and sub-
ranged land) in which process and uses directly affect oceanic process and uses, and vice
versa; its geographic extent may include areas within a landmark limit of one (1) kilometers
from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa
swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters
isobaths to include coral reefs, algal flats, sea grass beds and other soft-bottom areas.
e) “Commercial Fishing” – the taking of fishery species by passive or active gear for
trade, business or profit beyond subsistence of sports fishing, to be further classified as: (1.)
Small scale commercial – fishing with passive or active gear utilizing fishing vessels of 3.1
gross tons (GT) up to twenty (20) GT; (2.) Medium scale commercial fishing-fishing utilizing
active gears and vessels of 20.1 GT up to one hundred fifty (150) GT; and (3.) Large scale
commercial fishing-fishing utilizing active gears and vessels of more than one hundred fifty
(150) GT.
f) “Communal Forest” refers to a tract of forest land set aside for a municipality by law
or through a valid proclamation or order for the use of the residents of a municipality from
which said residents may establish forest plantation and/or tree farms, cut, collect and remove
forest products for their personal use in accordance with existing laws and regulations. Each
municipality is entitled to a maximum of 5,000 hectares of communal forest as provided in
Section 17(b) (2) (ii) RA 7160.
g) “Environmentally Critical Areas” (ECA) refer to those socially, ecologically and
geologically sensitive areas declared by law or valid proclamation as (i) areas for natural
parks, watered reserves, wildlife preserves and sanctuaries; (ii) areas set aside as
scenic/aesthetic and potential tourist spots (iii) areas which are the habitat of endangered
species; (iv) areas possessing unique historic, archeological, or scientific interest; (v) areas
traditionally occupied by indigenous communities; (vi) areas with critical slopes (vii) areas of
aquifers; (x) water bodies; (xi) mangrove areas; (xii) coral reefs; (xiii) mossy and virgin
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forests; (xiv) river banks; and (xv) swamplands and marshlands. Technically, it may also refer
to environmentally critical projects.
h) “De Fecto” refers to an open access conditions result from the inability of a resource
owner or manager, such as the State in the case of marine resources, to enforce its ownership
and authority by way of effectively excluding or regulating non-owners from the use thereof
thereby rendering the utilization of the resource under open and unregulated conditions as if
there is no owner or manager. The failure of regulatory unregulated conditions as if there is no
owner or manager. The failure of regulatory controls by resources owners or managers
inevitably results in the destruction of the resources and overall losses in public welfare. In
the case of marine resources, de facto open access conditions lead to eventual declines in
marine productivity particularly fish catches in the municipal water. Examples of destructive
human activities in Eastern Samar, occasioned by “de facto” open access regimes in
municipal water include the use of destructive fishing methods, over-fishing, destruction of
fragile mangrove and coral fish habitants and spewing grounds, improper garbage disposal,
pollution and acts resulting to siltation.
i) “Eco-tourism” refers to a nature-based activity managed by the local community with
government support whose primary goals are conservation and enhancement of natural
resources while providing economic benefits to the local community without endangering the
socio-cultural practices of its people.
j) “Effluent” is the general term denoting any wastewater, partially or completely
treated, or in its natural state, flowing out of manufacturing plant, industrial plant or treatment
plant.
k) “Emission” refers to the act of passing into the atmosphere an air contaminant,
pollutant, gas stream unwanted sound from a known source.
l) “Environment” refers to the quantity, quality, diversity and sustainability of renewable
and non-renewable natural resources including the ambient environment such as the
atmosphere climate sound, and odors that are critical determinants of the quality of life. In a
broad sense, it shall include the total environment of man such as economic, social, cultural,
political and historical factors.
m) “Environmental Compliance Certificate (ECC)” refers to authorization issued by the
DENR of the Governor, as the case may be, pursuant to law, in favor of a proponent the
project of which have been reviewed, evaluated and finally approved upon consideration that
the project will not bring about an unacceptable environmental impact and that the proponent
has complied with all the requirements of PD 1586 as well as Proclamation 2146, otherwise
known as the Environmental Impact Assessment System.
n) “Governor” refers to the Provincial Governor of the Province of Eastern Samar.
o) “Integrated Social Forestry” refers to the inert-agency national program created by
Letter of Instruction No. 1260, dated July 28, 1982, designed to promote the socio-economic
conditions and forest occupants and communities dependent on forest land on their livelihood,
provided land tenure and the same time protect and improve the quality of the environment.
p) “Initial Environmental Examination (IEE)” refers to the documents required of
proponents describing the environmental impact of, and mitigation and enhancement measure
for, project or undertakings located in an environmentally critical area, including areas outside
the courage of the Philippine Environmental Impact Assessment System as identified by the
Governor pursuant to Section 102 of this Code.
q) “Lease” is a privilege grated by the State to a person to occupy and possess in
consideration of specified rental, any land of the public domain in order to undertake any
authorized activities therein.
r) “License” is a privilege granted by the State to a person to utilize natural resources
within any land, without any right of occupation and possession over the same, to the
exclusion of others, or establish or operate a manufacturing plant, or conduct any activity
involving the utilization of the natural resources covered by the license.
s) “Mangrove” is the term applied to the type of forest occurring in tidal flats along the
sea cost, extending along streams where the water is brackish consisting of a community of
plants including trees, shrubs, vines and herbs.
t) “Municipal Waters” include streams, lakes, subterranean and tidal waters within the
territorial jurisdiction of a municipality that are not subject to private ownership and not
16
included within national parks, public forests, timberlands, forest reserves or fishery reserves,
and covers marine water included between tow (2) lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch the sea at low tide
and a third line parallel with the general coastline and fifteen (15) kilometers of marine waters
between them, the third line shall be drawn equi-distant from the opposite shores of the
respective municipalities.
u) National Integrated Protect Areas System (NIPAS)” is the classification and
administration of all designation protect areas to maintain essential ecological processes and
life-support system, to preserve generic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent possible as provided in
RA 7586, otherwise known as the NIPAS Act of 1992.
v) “Permit” is short term privilege or authority granted by the state to a person to utilize
any limited natural resources or undertake a limited activity within a piece of land without of
occupation or possession therein.
w) “Person” includes natural as well as juridical persons.
x) “Production Forests” refers to areas with a slope from 0-50 percent, developed to
supply commercial timber and non-timber products such as bamboo, rattan, horticultural
crops (e.g. furniture trees), mangrove, gums and resins, spices, fiber, trees, vines, palms, or a
combination thereof.
y) “Protection Area” refers to identified portions of land and water set aside by the law
for reasons of their unique and biological significance, managed to enhance biological
diversity and protected against destructive human explosion, as provided in RA 7586, the
National Integrated Protected Areas System (NIPAS) Act of 1992.
z) “Protected Forest” refers to areas regardless of slope which are highly erodible or too
rocky for establishment of production forest, developed for the primary objective of
establishing vegetative cover to prevent erosion, conserve and produce water, and nature
wildlife.
aa) “Public Forest lands” refers to those lands of the public domain which have been set
aside by law for forest purpose. These lands maybe either presently forested or denuded.
bb) “Public Consultation” refers to a stage of public participation which information is
disseminated and opinions gathered in public in order to ensure that public concerns are fully
integrated into the process of environmental impact assessment.
cc) “Quarry Resources” refers to any common rock or other material substance as the
Director may declare to be quarry resources such as, but not limited to, andesite, basalt,
conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite,
limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate,
sandstone, serpentine, shale, stuff, volcanic cinder and volcanic glass: Provided, that such
quarry resources do not contain metals or metallic constituents and/or other valuable minerals
in economically workable quantities: Provided, further, That non-metallic minerals such as
kaolin, feldspar, bull quartz or silica, sand and pebbles, bentonite, talc, asbestos, gypsum,
bauxite, magnesite, dolomite, mica, precious and semi-precious stones and other non-metallic
minerals that may later be discovered and which the Director to be of economically workable
quantities, shall not be classified under the category of “Quarry Resources”.
dd) “RA 7160” refers to the Local Government Code 1991.
ee) “Recreation Forest” refers to a track of public forest land, forested or non forested, and
may contain both production and protection forest, developed for the additional primary
purpose of providing non-destructive recreational pursuits such as, but not limited to,
camping, bush walking bird watching, mountaineering and nature observations/studies.
ff) “Small Scale Mining” refers to mining activities which rely heavily on manual labor
using simple implements and methods and do not use explosives or heavy mining equipment.
gg) “Scoping” refers to the stage in the EIS system information and assessments
requirements are established to provide proponent with a scope of work for the EIS.
hh) “Solid Waste” refers to all putrescible, not putrescible and discarded materials
(excludes human excrement) including but not limited to food waste, rubbish, ashes, street
cleaning, dead animals, abandoned vehicles, sewage treatment sludge in non liquid from,
incinerator ash and residue, commercial, industrial, hospital, funeral and agricultural waste;
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and special waste, whether combustible or non-combustible such as paper, rags, cartoons,
woods, tin cans, lawn clippings, glass, or litter of any kind.
ii) “strict Protection Zone for Water Production” refers to areas set by the Sangguniang
Panlalawigan upon recommendation by the Governor for the purpose of and/or ceremonial
religious use by indigenous communities.
jj) “Watershed” is a land area drained by a stream of fixed body of water and its
tributaries having a common outlet for surface runoff. Small watershed areas specifically refer
to those that are identified by local governments or the proper agency as sources of water
supply for particular local communities.
kk) “Waste Management” includes both solid and liquid waste.
Delimitation of other terms, not herein specifically defined, may also be based upon accepted
definitions though usage or specific understanding.
ARTICLE III
FOREST RESOURCES
Section 7. Operative Principles – In consideration of the multiple economic,

ecologist, aesthetic, scientific and educational services which forest resources provided in
sustaining the life and development of the people of Eastern Samar and in recognition of the
increasing demand for timber, water, recreation forest, and conversion of biological diversity
which is presently not being met by forestry operations in the province, it is hereby declared
the policy of the provincial government that the Governor shall fully exercise his powers and
provide leadership over constituent city and municipal governments to ensure the perpetual
existence of adequate forests and resources for the use and enjoyment of the province and its
people though local government-drive, inter-agency, and multisectoral forest resources
management.
Section 8. Forest Resources Management Framework. – Within six (6) moths upon
effectively of this Code, the Governor shall adopt a provincial strategic forest resources
management framework to serve us guide for city and municipal governments in preparing
their respective forest resources management plans. The provincial framework shall in the
minimum, outline how the city and municipal governments may promote investments, create
jobs, and generate local government revenues through production, protection and recreational
forestry programs or projects. Further, the framework shall be formulated, adopted, and
implemented in collaboration with national government agencies, particularly the DENR and
the private sector in accordance with law; subject, however, to the condition that the
framework shall be in conformity with the provincial physical framework plan.
Section 9. Greening Eastern Samar. – The Province of Eastern Samar shall adopt a “Greeting
Eastern Samar” Program that will cover the planting and growing of trees along the highways,
and river banks and water ways. All municipalities and the City of Borongan shall be encouraged
and mandated rehabilitate river banks and water ways to prevent soil erosion and siltation in the
coastal areas of the Province. The Office of the Governor shall formulate policies to support the
Green Productivity, Green Procurement, and Green Philippines (GP3) initiatives of the national
government and other NGO’s.
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Section 10. Arbor Week. – The Province of Eastern Samar shall observe the Provincial
Foundation Week of November as Eastern Samar Provincial Arbor Week. The Provincial ENRO
in coordination with the Provincial Environment and Natural Resources Office (PENRO) shall
make the necessary plans of activities in the observance of the Arbor Week which should involve
simultaneous activities of all Municipalities, City and Provincial Government.
Section 11. Development of Production Forests. – In order to provide adequate raw

materials stocks to meet increasing household, infrastructural, agricultural, and industrial
demand for timber, fuel wood, and minor products of commercial value, the Eastern Samar
Tree Enterprise Program (LTEP) is hereby established as a program of the Provincial
Government and, as such, integrated into the regular budgeting process; provided, that LTEP
funds shall be intended for the provision of assistance to the city and municipal governments
in the promotion of commercial tree farming, harvesting, and artisanal and industrial wood
processing enterprises through the provision of conductive policy, technical assistance,
information flows, capability building, law enforcement, loan assistance, and tenurial security
services; provided, further, that the program shall be implemented in close collaboration with
the DENR and the tree farming, harvesting, wood processing and market activities are
conducted in accordance with pertinent forest laws and regulations; provided, further that the
provincial government may invest and operate its own enterprise and related facilities for
commercial purposes and for developing suitable working models.
b) Operationalization of Development Production Forestry-Related Management

Functions. – The Provincial Government shall assist the city and municipal government to
establish and operate their communal forest proper coordination with the DENR, management
of community based forestry projects, and establishment of new reforestation project as
provided under Section 17(b) (2) (ii), RA 7160, including the establishment of small
watershed areas pursuant to DENR Administration Order (DAO) No. 3 series of 1992.
c) Limited Production Forest Areas – The Governor shall actively support the development
of limited production forest and issuance of applicable tenurial instruments in specific zones
within protected areas as provided in RA 7586 (NIPAS Act).
d) Integrated Social Forestry – Upon effective of this Code and expedite the delivery of
services to qualified beneficiaries, the Governor shall transfer to the city/municipality
governments the responsibility of the implementation to integrated social forestry projects
particularly the establishment of on-farm production forest and mangrove plantations through
a system of Memoranda of Agreement; provided, that such agreements for transfer of transfer
of responsibilities shall stipulate continuing provincial and city and municipal governments
collaboration towards developing the capacity of barangay councils to eventually administer
these projects.
e) Timber Utilization and Wood Processing Plants – The cutting harvesting, and transport
of timber, lumber and minor forest including the processing and sale therefore in all classes of
land, shall be actively regulated in order to create new and legitimate forms of livelihood,
create new jobs, and generate additional local government revenues as major catalyst for
reforestation of idle and unproductive land, reduction of soil erosion, and improvement of the
overall premium species pursuant to DAI 78, series of 1987: provided that the Governor shall
establish in coordination with the DENR a streamlined system for the issuance of license,
leases or permits; provided, further that license, lease and/or permits to be issued by the
DENR shall be subject to prior area clearance by the concerned Mayor upon issuance of an
area clearance in a form of a resolution by the Sangguniang Barangay at the source of the
forest product: provided further that a Governor area clearance shall be required I the case of
transport or movement of forest products from one municipality to another and outside the
province of Eastern Samar in order to ensure proper compliance with pertinent existing local
ordinances or those that may hereafter be promulgated: provided, finally that the utilization of
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timber and minor forest products situated within protected areas and critical watershed shall
be subject to the provision of RA 7586 (NIPAS) and its implementing laws, rules and
regulations.
Timber inventory in Alienable and Disposal Lands – Within one (1) year upon effectively of
this code the city/municipality Mayors shall complete the conduct of a one hundred percent
(100%) inventory and registration of planted and naturally growing timber in alienable and
disposable (A and D) lands, including those funds within protected areas as defined in RA
7586 in order to rationalize issuance of Mayors’ clearance, business permits, collections of
fees and charges, and associated municipal and city support services for the utilization of
timber and minor forest products in A & D lands and in order to protect timber on government
owned lands from unauthorized harvest; provided that the imposition of fees and charges is
authorized under appropriate ordinances.
Upon completion of the foretasted one hundred (100) percent inventory of after one (1) year
from effectively of this ode, whichever comes first, the City/municipal. Mayors may, subject
to an ordinance enacted by the concerned Sanggunian, impose appropriate penalties, fees
and/or charges for such clearances; business permits, and or municipal support services
covering unregistered timber on A & D lands; provided, that the Governor shall provided
technical assistance services to concerned city/municipal governments upon request;
provided, further, that the Governor shall be responsible for securing participation of national
government agencies particularly the DENR, non-governmental organizations and people’s
organizations in the inventory, provided finally that the municipal/city data shall be integrated
into the provincial forest resources information system for investment promotion purpose, as
provided in Sec. 14 of this Code.
f) Incentives for the Development of Production Forest – The City/Municipal/Provincial

Sanggunian may enact ordinance and appropriate funds for the purpose of providing
incentives such as, but not limited to, tax rebates, tax holidays, cash awards, free seedling, soft
loans, and training for the purpose of promoting private investment in the development of
commercial forest-based enterprises.
g) Retention of Timber within Production Forest for Protection Purpose – All trees situated
on slopes over fifty (50) percent and elevation over 1, 000 meters above sea level, including
those within twenty (20) meters from both sides of roads and highways shall be retained for
protection purpose. The Sangguniang Panlalawigan and the Governor shall provide assistance
to the City/municipal Sanggunian in the formulation of appropriate implementing ordinance
for the implementation of this provision.
h) Conservation of timber from Native Forest on A & D Lands – Subject to the provisions
of RA 7586 and other existing national laws, natural growing timber and minor forest
products found within A & D lands may be commercialized upon inventory and registration
with the city/municipality/provincial government with the city/municipality/provincial
government provided, that adequate measures shall be provided for the protection of wildlife
and wildlife habitats, if any there be, such as but not limited to iguana or bobcats, including
the non-extraction of regulated species, such us but not limited to molave (or “tugas”) and
other premium species pursuant to DAO 78, series of 1987; provided, further, that from the
timber inventory, the Governor shall, within one (1) year from effectively of this Code,
designate with City/Municipality mayor and the DENR, appropriate molave source areas and
recommended the molave and other non-deregulated trees therein for exemption from DAO
No. 78 series of 1986 in order to rationalize and maintain the furniture industry in Eastern
Samar; provided; finally, that the Governor shall share the inventory information with the
DENR, and vice-versa.
Within one (1) year upon effectively of this Code, the Governor shall recommend measures to
the Sangguniang Panlalawigan for the protection and conversion of endemic flora and fauna
within native forest on A & D lands.
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Section 12. (a) Management of Protection Forest – all measures shall be adopted to actively
share responsibility with the government, particularly the DENR in securing the perpetual
existence of all native plants and animals in the province. The Governor shall adopt measures
to assist the DENR towards enabling the Protected Area Management Boards (PAMBS’s) as
provided under RA 7586, particularly in the immediate delimitation, establishment and
operationalization of strict protection zones, habitat management zones, cultural zones, and
recreation zones.
As far as practicable, the management of protection forest for sustained water production
coastal habitat protection, conservation of waterways easement and rights-of-way, forest-
based recreation, biodiversity conservation, and scientific and educational advancement shall
be undertaken with the end in view of generating livelihood for local residents and revenues
for city/municipal/provincial governments.
b) Forest Protection and Law Enforcement – The Provincial Government shall

provided effective leadership in the operation of inter-agency, inter-LGU, and multi-sect oral
efforts in forest and law enforcement in close collaboration with the DENR, the AFP, the
PNP, the NBI and other law enforcement agencies.
c) Municipal Watershed – Subject to national and provincial policies, cities/municipal

governments shall be responsible in the proper manager of their respective watershed, if there
be any. For this purpose, all city/municipal government units shall identify and delineate their
municipal watershed one (1) year upon affectivity of this Code; provided, that are
identification and delineation shall be undertaken in coordination with the DENR pursuant to
Section 17, RA 7160 and Section3.12 ©. DAO 30, series of 1992 for areas within public
forest lands. For watershed within alienable and disposal lands the establishment shall be
properly coordinated with the Department of Agriculture and Agrarian Reform.
d) Protection and Conservation of Mangroves – For the purpose of protecting the

livelihood and well-being of the artisanal fishing population, the sustained productivity of
coastal habitats of marine flora and fauna shall be secured through the provision of assistance
to local governments in establishing adequate safeguards and controls on human activities
within declared mangrove forest reserves, marine parks and fish sanctuaries, such as, but not
limited to the formulation of a provincial coastal resource management framework, as
prescribed in this code.
Section 13. Development of Recreation Forest – Upon request, the Government shall assist
local governments in the establishment of revenue-generating community-based forest recreation
projects, such as, but not limited to, forest parks, botanical gardens, and camping grounds.
Section 14. Forest Resources Information System – With the assistance of national
agencies and departments, the Governor shall establish and maintain a forest resources
information system that can be used in promoting and stimulating public and private sector
investment in the operation of production, protection and recreation forest and forest-based
industries in the province. Such information system shall, in the minimum, consist of thematic
maps, directory of available areas, and forest resources for investments, and tenurial systems.
Upon request, the Governor shall provide technical assistance to interested local governments
in the development of their forest resources information systems.
Section 15. Prior Consent of Sanggunian – For purpose of implementing the provision of
this code and pursuant to Section 26 and Section 17, RA 7160, national government agencies
and instrumentalities are hereby required to consult with local government units and obtain
prior consent of the concerned Sanggunian in the implementation and development of
investments, programs or projects affecting forest resources. Henceforth, no forest resources
21
management or usufruct permit shall be issued by national government agencies without prior
consultation and written consent of the Sangguniang Panlalawigan and local government
units.
Section 16. Annual Investment Plans – Upon the affectivity of this Code the city, municipal
and provincial budget allocations for forest resources management shall be included in the
annual investment plans; provided, that such investment are in accordance with the forest
resources management framework as prescribed under Section 8 of this Code.
Section 17. Organization – There is hereby created a Forest Resources Management Section
(FRMS) under the office of the Governor. The city/municipal governments are encouraged to
establish their forestry service offices, if necessary to ensure proper implementation of their
respective forest management plans. The FRMS shall provide assistance to city/municipal
governments in (a) preparation of city/municipal forest resources management plans, (b)
design and preparation of forest relate projects, (c) strengthening of
city/municipality/provincial forest management capability, (d) establishment of support
linkages and network systems, and (l) tenurial security issuance, strengthening and
enforcement. It shall also develop model forestry projects for the promotion to the barangays.
Section 18. Acts Prohibited and Punishable – Prohibited and punishable acts under this Code
shall include, but not limited to, the following;
a) The indiscriminate cutting of trees in both private and public lands is hereby
prohibited;
b) The use of unregistered or unlicensed power saws/chain saws and similar tree-
felling equipment shall be banned and prohibited, unless a current and valid license of permits
for the use therefore as issued by the city/municipal mayor/governor has been obtained;
c) The trafficking of flora and fauna shall be prohibited, unless the City/Municipal
mayo/Governor and the DENR have issued a current and valid permit for the traffic therefore
from the source.
d) The hunting and/or gathering of endangered or threatened species, such as the

Monkey, are prohibited.
e) No person shall ignite, or maintain any open fires except in the following activities:
open fires for cooking food for human consumption in areas designated by law, fires for the
disposal of dangerous materials or wastes subjects to prior clearance or permit issued by the
Mayor, fire for the training of personnel in firefighting, prescribed burning for recognized
agricultural, forestry and wildlife management practices, and open fires expressly approved
by the DENR and concerned Mayors.
Section 19. Government Intervention on Unproductive Lands of Public Domain. The

provincial government on its pursuit to transform dormant and unproductive lands into a useful
area beneficial to all of its inhabitants shall:
(a) Issuance of Tenurial Instrument. The dormant lands and unproductive areas under public
domain shall be allowed to be developed by any private individual, corporate groups and
associations to convert said areas into a productive one by granting to the above named person
and entities with tenurial instruments such as SIFMA< CSC and IFMA for the development of
said lands into tree plantation and agro-forest plantation.
(b) Incentives. The private individuals, groups, associations and corporations, shall be
entitled to incentives by exempting the planters/developers from paying forest charges for the
planted trees once harvested, for developing the said unproductive land in accordance with
existing national policy on SIFMA. To avail of these incentives, the planter/developer has to
22
register with the provincial or municipal assessor’s office immediately after the actual
planting/developing of the area applied for. The assessor’s office concerned shall submit a report
to the Sangguniang concerned for tax exemption purposes.
Section 20. A Tree for Legacy Program. Effective upon approval of this Code, all able bodied
residents of the province starting at the age of ten (10) years old to sixty five (65) years old ,
shall be required to plant at least one (1) fruit and / or endemic forest tree per year to any of the
designated Government owned tree plantation project areas such as: Barangay/Municipal Tree
Parks, Communal Forest of the Municipality, identified small watershed area, road right of ways,
riverbank easement and other designated areas by the Government. The Local MENR Officer
and the Barangay Council shall identify the site for tree planting activities and ensure that the
planted seedlings will properly be taken care of.
The office of the Provincial Governor, Municipal Mayors and all Department Heads as well as
the Punong Barangays are hereby directed to fully enforces and implements the program to attain
the objectives and purpose of this Environment Code.
The Local PENR Officer/Municipal ENR Officer in coordination with the Punong Barangay
shall see to it that the person requesting for Tree Planting Clearance had actually planted the
seedlings in the given site prepared for the purpose and as much as practicable instill plan and
scheduling so as to avoid time dragging in its implementations.
The planting material shall be provided by the concerned municipal and barangay units, free of
charge.
Section 21. Certificate of Tree Planting. Subject to the provision of the preceding section,
official transactions enumerated under this section, require a tree planting certificate issued by
the Barangay Captain:
(a) Government scholarship grants

(b) Filing of marriage annulment and legal separations
(c) Requirement for elementary, high school and college graduation
Section 22. Silvicultural Practices. The provincial government through the Local ENR Officer
and in coordination with DENR shall ensure that silvcultural treatments be appropriately applied
to all forest plantations within the province.
Section 23. Assisted Natural Regeneration. Under this provision, identified and declared
small watersheds, communal forest areas, municipal and barangay tree parks as well as
identified water sources and all other protected areas, shall undergo immediate rehabilitation
through assisted natural regeneration
Section 24. Cutting, Removal, Gathering, Possession, Hauling and Transport of Timber
and other Forest Products without Permit and Transport Documents. Consistent with the
national policy on the utilization of timber and other forest products within forest land and to
harmonize and complement these policies with the powers and authorities granted by congress to
the Local Government Units in accordance Section 465 of the Local Government Code of 1991,
after its due promulgation and approval of this Code, shall further prohibit any person knowingly
and willfully intend to cut and haul timber products using any type of conveyance and enter into
forestland to haul timber/logs and other forest products without permit.
The Provincial Government thru the Legal Office shall initiate filing a case in court against the
violators committed within the devolved areas related to any form of forest destruction.
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Section 25. Apprehension, Seizure, Confiscation and Disposition of Illegally

Cut/Transported Forest Products. The PENRO-LGU in coordination with DENR shall
actively support in the apprehension, seizure, confiscation and disposition of illegally
cut/transported forest products.
In no cases, shall there be no disposition of confiscated forest and other natural resources both by
the DENR and LGUs without proper deliberation and resolution by the Sangguniang
Panlalawigan.
Section 26. Land Marker Establishment along Entrance Road to Timberland Areas. The
provincial and municipal governments thru their respective ENROs and Punong Barangays in
coordination with the DENR shall establish signage on all strategic road entrances and exits to
forestland/timberland areas to inform the public of the government restriction policy with regards
to forest occupancy.
Section 27. Forest Resource Management and Utilization. Consistent with Section 465 of
R.A. 7160, the provincial government in coordination with the DENR shall establish appropriate
mechanism for the rationalization of forest resource utilization. The Provincial Governor, upon
recommendation of municipal and barangay units concerned, shall issue all permits such as but
not limited to the following:
i. Cutting Permit. Cutting permits within the devolved areas and other A &D areas except
for the naturally grown tree species.
ii. Removal and Transport of Forest Products. Upon approval of this Code and corollary to
the right of LGUs in the protection and utilization of forest resources within the devolved areas,
all pertinent transport documents shall be issued by the Provincial Governor and placed on a
ready alert list for prompt verification.
iii. Small Wood Processing Plant Permit. Wood Processing Permits granted to a person to set
up mechanical plant machine or combination of machine used for the processing of logs and
other forest raw materials into lumber, veneer, plywood, wallboard, blocked board, paper,
furniture and other finished wood products.
Section 28. Utilization Permits within Devolved Project Areas. Effective upon approval of
this Code, permit for extraction, removal and transport of forest products within the devolved
project areas shall be issued by the Provincial Governor.
Section 29. Promotion of Value Added Forest Products. Effective upon approval of this Code,
the PENRO-LGU in coordination with the Environment Code Committee, Department of Trade
and Industry (DTI) and Department of Environment and Natural Resources (DENR) and other
concerned national government agencies shall promote processing of value added forest products
and provide support and other forms of financial assistance to deserving local entrepreneurs
within the province.
Section 30. Co-Management of other Forest Areas. Recognizing the fact that there are still
other forest areas in the province that need to be protected and developed for specific purposes,
the Provincial Governor and the Municipal Mayors through their respective ENR Officers and in
coordination and partnership with the DENR, shall initiate preparation of plans and
developmental programs in the area and shall effect the delineation and survey thereof together
with the documentation processes of the said forest area.
In the declaration of areas intended for forest development project, the Provincial Governor shall
enter into a Memorandum of Agreement (MOA) with DENR but with final approval of the
24
Governor, subject to the existing provisions of JMC DENR-DILG-LGU Circular No. 2003-01,
which specifies the DENR Officials to enter into MOA with LGU, which states:
i. For Forest Areas up to 1,000 has. -CENR Officer
ii. More than 1,000 has. up to 5,000 has -PENR Officer
iii. More than 5,000 has. up to 15,000 -Regional Executive Director

has.
iv. More than 15,000 has. up to 30,000 -Undersecretary for Field Operations
has.
Section 31. Programs and Projects, Planning and Implementation of Devolved ENR
Functions to LGUs and its Governing Principles. The Provincial Governor through the local
PENR Officer and the Municipal Mayors with their respective Municipal ENR Officers shall
implement their respective devolved functions pursuant to the provisions of the basic services
and facilities provided in RA 7160. Local planning and design of related ENR functions in the
province and municipalities shall be implemented with preference to the devolved functions and
in accordance with the approved Provincial Forest Land Use Plan (PFLUP). Implementation of
forest protection and other law enforcement functions shall also be exercised by the supervision
of PENRO-LGU, subject to the existing guidelines in the devolution of functions. However, the
Provincial Governor through the respective local ENR Officers and in coordination with the
DENR may implement other functions, programs and projects outside devolved areas through a
Memorandum of Agreement (MOA).
Section 32. Accounting and Documentation of Project Areas, Programs and Functions
Devolved to the Local Government Units of Eastern Samar. Effective immediately, the
PENRO-LGU and the Provincial Development Planning Officer in coordination with the DENR
and in accordance with the specific programs and projects devolved to the LGUs as stipulated in
DENR Administrative Order No. 30 Series of 1992 shall initiate assessment, accounting and
documentation of all programs and project areas within the province.
Records of all programs and projects being implemented by the DENR which are classified as
devolved to the LGUs shall be verified and retrieved for action planning and program
developments. However, except for some turn-over ISF projects documents, other devolved
programs and projects implemented by the DENR within the province shall be subject to further
physical turn-over, such as the following:
(a) All Social Forestry Projects (ISFP)

(b) All Reforestation Projects of the DENR established prior to the implementation of RA
7160 and funded out of regular appropriation.
(c) All Reforestation Projects funded before by ADB, OECF, World Bank and CARP funds
which were implemented through-Family and Community-Based contract.
(d) All Forest Land Management Agreements (FLMA) executed by the DENR and People’s
Organization within the province.
(e) All Community Forestry Projects (CFPs) established within the province.
Section 33. Joint Management Conference with the DENR and LGUs Technical Personnel
in the Development and Utilization of Forest Products within the Province. To ensure that
there will be understanding and mutual cooperation between the DENR and the Local
Government Units in the province, there shall be a regular and periodic Joint Management
25
Conference to be conducted, thereby threshing out significant ENR issues and problems which
may strengthen partnership to attain an effective service delivery mechanism.
The Joint Management Conference shall be done in every quarter or as often as necessary
depending on the needs as determined by both the DENR and the Provincial Government.
Section 34. Prohibited Acts and Its Corresponding Penalties regarding the Utilization of
Forest Products PD 705 and other Local Ordinances.
(a) Cutting, Gathering and /or Collecting Timber or other Forest Products without License.
Any person who shall cut, gather, collect, remove timber or other forest products from any
forestland, or timber from alienable or disposable public land or from private land without any
authority, or possess timber or other forest products without the legal documents as required
existing forest laws and regulations, shall be punished with the penalties imposed under Articles
309 and 310 of the Revised Penal Code. In the case of partnership, associations or corporations,
the officers who ordered the cutting, gathering, collection or possession shall be liable, and if
such officers are aliens, they shall in addition to the penalty, on recommendations for
proceedings on the part of the Commission on Immigration and Deportation shall be deported.
The Court shall further order the confiscation in favor of the government of the timber or any
forest products cut, gathered, collected, removed or possessed, as well as the machinery,
equipments, implements and tools illegally used in the area where the timber or forest products
are found, [Sec.78 of PD 705 as amended by PD No. 1559, and by EO No. 277, prom. July 25
1987, 83 OG No. 31, Aug. 3, 1987].
(b) Unlawful Occupation or Destruction of Forestland.

Any person who enters, occupies or possesses or makes kaingin for his own private use or for
others, any forestland without authority under a license agreement, lease, license or permit or in
any manner destroys such forestland or part thereof or causes any damage to the timber stand
and other products and forest growth found therein, or who assists, aids or abets any other person
to do so, or sets a fire or negligently permits a fire to be set in any forestland or refuses to vacate
the area when ordered to do so, pursuant to the provisions of Section 53 of PD 705 shall, upon
conviction, be fined in an amount of not less than five hundred pesos (P500.00), nor more than
twenty thousand pesos (P20,000.00) and imprisonment of not less than six (6) months nor more
than two (2) years for each such offense, and be liable to the payment of ten (10) times to the
rental fees and other charges which would have accrued had the occupation and use of the land
been authorized under a license agreement, lease, license or permit. Provided that in the case of
an offender found guilty of making kaingin, the penalty shall be imprisonment for not less than
two (2) years nor more than four (4) years and a fine equal to eight (8) times the regular forest
charges due on the forest products destroyed, without prejudice to the payment of the full cost of
production of the occupied area as determined by the Bureau: provide further, that the maximum
of the penalty prescribed herein shall be imposed upon the offender who repeats the same
offense and double the maximum of the penalty upon the offender who commits the same
offense for the third time.
In all cases, the Court shall further order the eviction of the offender from the land, the forfeiture
to the government of all improvements made and all vehicles, domestic animals and equipment
of any kind used in the commission of the offense. If not suitable for use by the Bureau, said
vehicles, domestic animals, equipment and improvements shall be sold at public auction, the
proceeds of which shall accrue to the Development Fund of the Bureau.
26
In case the offender is a government official or employee, he shall, in addition to the above
penalties be recommended for dismissal from office and permanently disqualified from holding
any elective office or appointive position [sec.79 of PD 705 as amended by PD No. 1559).
(c) Sales of Wood Products.

No person shall sell or offer for sale any log, timber, plywood or other manufactured wood
products in the international or domestic market unless he complies with grading rules that
would be established by Government.
Failure to adhere to the grading rules and standards or any act of falsification of the volume of
logs, lumber or other forest products shall be a sufficient cause for the suspension of the export,
sawmill or other license or permit authorizing the manufacture or sale of such products for a
period of not less two (2) years.
A duly accredited representative of the Bureau shall certify to the compliance by the licensing to
the grading rules.
Every dealer in lumber and other building material covered by the Code shall issue an invoice for
each sale of such material and such invoice shall state the kind, standard and size of material sold
to each purchaser in exactly the same as described in the invoice. Any violation of the section
shall be sufficient ground for the suspension of the dealer’s license for a period not more than
two (2) years and, in addition thereto, the dealer shall be punished for each such offense by a fine
of not less than two hundred pesos (P200.00) or the total value of the invoice, which is greater
(Sec 88 of PD 705).
(d) Entry into Forestland with Intent to Cut, Remove, Haul and Gather Forest Products without
Permit.
i. First Offense-willful intent shall be apprehended, reprimanded and barred from entering
into the forest areas.
ii. Second Offense-willful and forcible entry shall be reprimanded and penalized to pay an
amount of Php 500.00
iii. Third Offense-willful and forcible entry shall be penalized to pay Php 1,000.00 and
imprisonment of three (3) days, nor more than one (1) month.
ARTICLE IV
MINERAL AND QUARRY RESOURCES
Section 35. Operative Principles – The revenue generation and livelihood functions of
mineral resources notwithstanding, the increasing domestic external demands for the
utilization of minerals for infrastructure development and industrial raw materials and losses
to public welfare associated with unregulated mining and quarrying particularly from the
adverse effects of soil erosion and biological diversity, and deterioration of coastal fisheries,
the Provincial Mining Regulatory Board, thru the Provincial Governor, regulating the mining,
quarrying and utilization of mineral resources in the province is hereby adopted and
reaffirmed.
Section 36. Management of Mineral Resources. Corollary to the mandate of the National
Government on the proper and sustainable use of the country’s mineral resources, pursuant to
RA 7160, the Provincial Governor through the PENRO-LGU shall initiate and provide basic
services and facilities pertaining to the management of all its mineral resources within the
context of existing mining laws, rules and regulation and the LGU Mineral Resources
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Development and Management Plan. PENRO-LGU shall also initiate and provide interventions,
control and mitigation measures to ensure that the aims and objectives of RA 7160 are
adequately met and protected in particular legalization of illegal mining activities.
(a) Mineral Resources Development and Management Plan. Upon approval of this code, the
provincial government and all municipalities in the Province of Eastern Samar shall formulate a
comprehensive Mineral Resources Development and Management Plan for the purpose of
regulating, assessment, evaluation and monitoring of solid mineral utilization in their respective
areas of jurisdiction.
(b) Identification of Potential Source and Unexplored Mineral Resources. The Provincial
Government, through the PENRO-LGU, together with the concerned municipalities and
Barangays, in coordination with the DENR-MGB, shall initiate the identification of potential and
unexplored mineral resources and mineral reserves within its territorial jurisdiction for
documentation and data banking for investment purposes. Where this documentation has been
carried out satisfactorily by the Provincial Government exploration permits may not be issued to
potential investors.
(c) Evaluation and Inventory of Mineral Lands/Areas. The Provincial Government through
its PENRO-LGU shall conduct general actual evaluation and inventory of the province’ mineral
lands/areas presently occupied and operated with Small-Scale Mining activities, so as to
determine the total number of Small Scale Miners actually operating and the corresponding total
land area utilized and explored into a productive mineral land areas, in order to design some
environmental intervention, control and mitigation measures to protect and conserve the
environment.
In the case where mining claims exist as certified by DENR-MGB and there are no traces of
mining activities undertaken by the claimant, the Provincial Government through PENRO-LGU
shall after one (1) year initiate a process recommending the cancellation of the claim and
subsequent declaration of said mining area open for application.
(d) Geological Assessment of Mineral Resources. Upon approval of this Code, the provincial
government through PENRO-LGU, in coordination with concerned municipalities, and DENR-
MGB shall initiate and undertake geological assessment of all identified mineral lands within the
province, to be able to determine whether that area is suitable for either small-scale or big-scale
mining activities as well as to identify areas where geological/mining hazards are difficult to
mitigate and where mining should strictly be prohibited.
(e) Classification of Mining Areas. The Provincial Government through PENRO-LGU and in
coordination with DENR-MGB shall initiate and carry out the classification of mining areas
suitable for either peoples` small-scale mining area or individual small-scale mining area as well
as facilitate the declaration of these areas pursuant to existing small-scale mining laws.
Section 37. Mining Claim Application, Extraction and Utilization of Mineral Resources.
There shall be no mining claim, extraction and utilization of mineral resources within the
territorial jurisdiction of the province without the clearance and corresponding permit issued by
the Provincial Governor.
(a) Mining Claims and Mineral Exploration. In all cases, no application for mining claims
shall be entertained by the DENR-MGB without the corresponding clearance issued by the
Provincial Governor through the resolution of the Sangguniang Panlalawigan. Furthermore, the
provincial government will not recommend for the issuance of exploration permit by the
concerned agencies unless potential and unexplored mineral resources and reserves are
satisfactorily carried out and identified.
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Where a proponent is granted permit to explore and exploit a named solid mineral, it shall be the
responsibility of the permittee to disclose the content of the block if it is other than the mineral
solid approved for mining. It shall be an offense for a permittee to fail to disclose the content of a
mining block not reflecting the solid mineral approved for mining.
(b) Mining Operation and Environmental Safety. It shall be declared the policy of the
Provincial Government that only extraction of mineral resources shall be allowed within the
mining sites and that processing thereof in any form shall be at designated sites as may be
approved by the Provincial Government.
(b.1) Mining Operation within the territorial jurisdiction of the province is strictly prohibited
without a permit.
(b.2) No person under sixteen (16) years of age shall be employed in any phase of mining
operations and no person less than eighteen (18) years of age shall be employed underground in a
mine pursuant to the provisions of the Labor Code of the Philippines.
(b.3) Any small mining operations that employ more than fifty (50) workers shall have at least
one (1) licensed mining engineer hired as a regular employee or under a contract of consultancy
that will take charge of the safety of the operation, and one registered foreman.
(b.4) Mining operator/proponent must provide all the necessary mining safety gears/gadgets
and shall make certain that miners and/or personnel and visitors to the site shall wear at all times
said mining safety gears while within the mine site. The operator is required to install sign post
in areas covered by their activities.
(b.5) Mine opening and tunnel operation shall only be practiced based on the National standard
and as recommended by Mines and Geo-Sciences Bureau.
(b.6) There must be a personnel control chart to be installed at designated points in the mining
site indicating therein the names, position, work assignment and work schedule for control and
information purposes. Such Officers shall provide risk assessment and accident information to
the representative of the Governor as when required
(b.7). Mining Operator/proponent must provide updated mining operation map indicating
therein the deepness, wideness of the tunnel, the number of side openings and all other necessary
information including the level of risk properly sign posted.
(b.8) There shall be a daily production control chart/billboard that will be installed in the
mining site showing the volume of extraction representing the whole month on daily basis for
information purposes and will be the basis for payment of mineral resource extraction fees.
(b.9) All mineral resources that will be transported from the mining site to the processing
plant/custom mills will be covered by Ore Transport Permit (OTP) that will be issued by the
Provincial Governor through the PENRO-LGU to holders of Mining Permits/Contracts. Such
truck would indicate environmental safety compliance and the volume of mineral fines being
transported.
The provincial government shall facilitate the installation and operation of standard
central ore processing plant for custom milling in partnership with the private investors within
the industrial mineral processing zone. The existing processing plants prior to this code shall be
given a maximum of two (2) years grace period to operate, after which, mandatory
decommissioning and transfer of the processing plants to the designated industrial processing
zone shall be effected.
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(b.10) In case of any incident or accident, causing or creating danger, loss of life or serious
physical injuries, the person in charge of the operations or the proponent shall within twenty four
(24) hours immediately report the same to the Office of the Provincial Governor. Failure to
report the same without justifiable reason shall be a valid and just cause for the imposition of
administrative sanctions against the erring permittees.
(b.11) Every permittee shall undertake an environmental protection and enhancement program
covering the period of the permit/contract. Such environmental program shall be incorporated in
the program of work which the contractor or permittee shall submit as an accompanying
document to the application for mining permit/contract. The work program shall include not only
plans relative to mining operations but also in the rehabilitation, regeneration, re-vegetation and
reforestation of mineralized areas, slope stabilization of mined-out and tailings covered areas,
aquaculture, watershed development and water conservation and socio-economic development.
These shall be backed up by the specifics of environmental management, technology and
education awareness training overt the mining period.
(b.12) As mandatory requirements for new and renewal of permit application, applicants are
required to submit a feasibility study of the project area including the solid geology, water
resources, landscape areas, potential sources of environmental degradation and baseline
characteristics of the ecosystem with due consideration considering the resource valuation of the
external environment.
(b.13) Permittees and Contractors shall rehabilitate the excavated, mined-out, tailings covered
and disturbed areas for purposes of environmental safety, as provided in the implementing rules
and regulations of this code. A mine rehabilitation fund shall be established, based on the
permittees/contractors approved work program and feasibility study and shall be deposited as a
trust fund in a government depository bank and used for physical and social rehabilitation of
areas and communities affected by mining activities and for research on the social, technical and
preventive aspects of rehabilitation. Period of payment of the money shall not exceed three forth
(¾) operational licensed period of the permit. Failure to fulfill the above obligation shall mean
immediate cancellation of permit.
(b.14) Small-Scale Mining operators/proponent is strictly prohibited from using explosives to

extract gold ore and other minerals and for other purposes relative to its operation.
(c) Quarry Operation. The Provincial Government shall strictly adhere to the principle of
“No permit, no Quarry policy”, such that no extraction, utilization of Quarry resources without a
quarry permit granted by the Provincial Governor.
(d) Sand and Gravel Extraction. No extraction and utilization of sand and gravel materials
along the beds of rivers and creeks within the province without the corresponding permit issued
by the Provincial Governor.
(e) Guano Extraction. In all cases, there shall be no extraction/utilization of guano

resources from the caves and or any other sources without a permit granted by the Provincial
Governor.
Section 38. Acceptance and Receiving of Mineral Permit Application by PMRB. It is the
policy of the provincial government that applications for Small-Scale Mining Permits/Contracts,
quarry permits, sand and gravel extraction permits, guano extraction and gemstone gathering
permits shall only be entertained and marked officially received by the Office of the Provincial
Mining Regulatory Board (PMRB) after full compliance of the requirements prescribed in the
check-list provided to the applicant.
30
Non-compliance to some of the requirements found and stipulated in the check list is the basis
for denial of application and shall be returned officially to the applicant with comments and
recommendations.
Section 39. Secretariat to the PMRB. The Mines and Geo Sciences Division under the
PENRO-LGU shall act as secretariat to the PMRB who shall assist and facilitate the receiving,
processing and documenting of all permit application for mineral resources extraction and
utilization.
Section 40. Approval of Permit Application. Consistent to the provision of R.A 7160, all
mineral extraction permit application shall be duly recommended for approval by the Provincial
Mining Regulatory Board upon compliance with the formalities as required by the PMRB and
shall be forwarded to the Provincial Governor who has the exclusive authority to approve
mineral permit applications as prescribed under the Local Government Code of 1991.
Section 41. Special Permit. Effective upon the approval of this code, special permits to extract
sand and gravel, quarry resources and other minerals shall only be allowed in exceptional cases
involving special government projects. The concerned Government Agency implementing the
project, shall justify the necessity and urgency of such construction and why they should be
given a special permit to extract minerals. Such special permit applications however shall be
supported by a program of work of the project, indicating the total volume of the materials and
its project duration as well as attach a certification from PMRB which states the non-availability
of a permittee in the area. It shall also be the responsibility of that agency to ensure that all
environmental remediation measures are satisfactorily carried out in the event of potential
environment degradation.
Section 42. Mineral Resources Processing. Subject to the provision of Section 53 (b) of this
code, processing of extracted mineral resources shall be in accordance with the approved
Comprehensive Land Use Plan (CLUP) of the Municipality as mineral processing zone. Further,
the processing of mineral resources without the necessary processors permit is strictly prohibited:
(a)For sand and gravel and other quarry resources processors permit, the same shall be issued
and approved by the Provincial Governor.
(b) For metallic mineral resources processors permits, it shall be issued by the Director of MGB-
DENR, co-certified by the Provincial Governor.
All processing plants within the designated mineral processing zones shall be required to secure
ECC.
Section 43. Processors Permit. Applications for mineral processing permits shall be submitted
to the PMRB. The Board, through the PENRO-LGU as Secretariat shall process all the
documents relative thereto and recommend approval of the same to the Provincial Governor
and/or to the Director of Mines and the Geo-Sciences Bureau (MGB) depending on the mineral
resource classification.
31
Provided that, any other consideration for the issuance and granting of Mineral Processing
Permit related to Small-Scale Gold Mining shall be in accordance with the provisions of DENR
Administrative Order No. 5, series of 1988.
Section 44. Transport of Mineral Resources. This provision strictly prohibits the transport of
mineral resources without the necessary permit consistent with the provisions of RA 7942 and
other national laws.
Section 45. Regulatory Provisions – It shall be unlawful for person, natural and juridical to
undertake quarrying and mining without agency having authority and jurisdiction thereof;
provided, that no license, lease, agreement and/or permit shall be issued by other government
agencies or the Governor the prior area clearance and/or consent of the concerned municipal
officials or Sanggunians, as the case may be, pursuant to Sec. 99 (b) DENR Administrative
Order 40 series of 1996 provided further that such prior clearance shall not apply to private land
owner who cannot be forced by the government or by law, except by way of eminent domain, to
permit entry and quarrying over hi/her land; save those disclosed by laws as protected areas,
provided further that mining and quarrying activities within the Province of Eastern Samar shall
be subject to prior Environmental Impact Assessment, as provided for under the Philippine
Environment Impact Assessment as provided for under the Philippine Environmental Impact
Assessment System; provided further that “no extraction or removal of materials shall be
allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for
water supply, archeological and historical sites and any public or private works or structures,
unless prior area clearance of the agency owner concerned is obtained. No extraction or removal
of materials shall likewise be allowed in offshore areas within five hundred (500) meters distance
from the coast and two hundred (200) meters from the main low tide level along the beach,
pursuant to Section 79 (a) of DENR Administrative Order 40 Series of 1996. Mining and other
quarry activities must be accompanied by sound environmental management and Revenues
derived from mining activities shall allocate to projects geared towards sustainable
environmental development.
Section 46. Governing Laws – The pertinent mineral resources provisions of this Code shall
be governed by but not limited to the following national laws and local regulations;
a) Republic Act No. 7942 (Philippine Mining Act of 1995) as implemented by DENR
Administrative Order 40 series of 1996 (Revised Rules and Regulations) as amended.
b) Republic Act No. 7076 (People’s Small Scale Mining Act of 1995) as implemented by
DENR Administrative Order No. 34, series of 1992
c) Presidential Decree 1899 (A Decree Establishing Small Scale Mining as a New
Dimension in mineral Development) as implemented by MRD 41 series of1984 as amended.
d) Provincial Ordinance No. 13, s. 2006 enacting the Provincial Small-Scale Mining
Ordinance of Eastern Samar
e) SP Ordinance No. 05, s 2002 enacting the Sand and Gravel Ordinance of the Province of
Eastern Samar which amended Provincial Ordinance No. 11, s 2000.
f) Executive Order No. 270 (national Policy Agenda or Revitalizing the Mining Industry in
the Philippines) as amended by EO 270 – A.
g) Provincial and municipal Ordinances providing for a Moratorium on all large scale
logging and mining activities and
h) Other allied national laws.
Section 47. Exploitation of Quarry Resources – Sand, gravel and other quarry resources
within the province may be exploited only with issued exclusively by the Governor pursuant
to Section 43, RA 7942 and Section 138, RA 7160, to a qualified person as defined under the
Provincial Ordinance No. 13 series 2006 and future amendments thereto, which is hereby
adopted as an integral provision of this Code; provided all individuals partnership or
cooperation’s engaged in the exploration development and exploitation of natural resources in
32
the construction of infrastructure projects shall be required to restore or rehabilitate areas

subject thereof or affected thereby to their condition, pursuant to Republic Act 7942.
Section 48. Monitoring and Evaluation – Within three (3) months upon effectively of this
Code, there is herby established a monitoring and evaluation team under the Provincial
Governor Office for the purpose of insuring compliance with permits and/or license to
pertinent mining laws, rules and regulations. The Governor shall also provide assistance to
concerned cities, municipalities and barangays in the establishment of their monitoring and
evaluation capability.
Section 49. Organization – There is hereby created a Provincial Environment and Natural
Resources Office (Provincial-ENRO) under the Provincial Governor’s Office, which shall be
responsible in the effective implementation of the mineral management responsibilities of the
provincial government. Considering budgetary limitations the Governor may just designated a
senior official of the Provincial Government to act as such.
Section 50. Prohibited and Punishable Acts – The Sangguniang Panlalawigan, upon
recommendation made by the Provincial Environment and Natural Resources Officer
(Provincial ENRO) and in consultation with the various municipality/city Sangguniang of
Eastern Samar shall within one (1) year the effectively of this Code enact a unified ordinance
for the purpose of defining the Prohibited and Punishable Acts with corresponding penalties
and/or sanctions for acts in violation of the mining/quarrying provision of this Code, and
applicable provincial ordinance.
Section 51. Penal Provisions. Prohibited acts regarding the Mineral Resource Management shall
be penalized by the provisions of RA 7942. Other violations not so provided under this Republic
Act shall be penalized in accordance with the allowed penalty as mandated under RA 7160.
(a) False Statements. Any person who knowingly presents any false application,
declaration, or evidence to the provincial Government or published or causes to be published any
prospectus or other information containing any false statement relating to mines, mining
operators or mineral permits shall, upon conviction, be penalized by a fine of not exceeding ten
thousand pesos (Php 10,000.00).
(b) Theft of Minerals. Any person extracting minerals and disposing the same without a
mining permit/contract or steals minerals or ores or they shall, upon conviction, be imprisoned
from six (6) months to six (6) years or pay a fine from ten thousand pesos (Php 10,000.00) to
twenty thousand pesos (Php 20,000.00), or both at the discretion of the appropriate court. In
addition, he shall be liable to pay damages and compensation for the minerals removed, extracted
and disposed of. In the case of associations, partnerships, or corporations, the president and each
or the directors thereof shall be responsible for the acts committed by such association,
corporation or partnership.
(c) Destruction of Mining Structures. Any person who willfully destroys or damages
structures in or on the mining area or on the mill sites shall upon conviction, be imprisoned for a
period not to exceed five (5) years and shall, in addition, pay compensation for the damages
which may have been caused thereby.
33
(d) Mines Arson. Any person who willfully sets fire to any mineral stockpile, mine or
workings, fittings of mine, shall be guilty of arson and shall be punished, upon conviction, by the
appropriate court in accordance with the provisions of the Revised Penal Code and shall, in
addition, pay compensation for the damages causes thereby.
(e) Willful Damage to a Mine. Any person who willfully damages a mine, unlawfully
causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless,
damages or destroys any machine, appliance, apparatus, rope, chain, cackle or any other things
used in a mine, shall be punished, upon conviction, by the appropriate court, by imprisonment
not exceeding a period of five (5) years and shall, in addition pay compensation for the damages
caused thereby.
(f) Illegal Obstruction to Permittees/Contractors. Any person who, without justifiable

cause, prevents or obstruct the holder of any permit, from undertaking his mineral resource
operations/extraction shall be punished, upon conviction by the appropriate court, by a fine not
exceeding five thousand pesos (PhP5,000.00) or imprisonment not exceeding one (1) year or
both at the discretion of the court.
(g) Violation of the Terms and Conditions of the Environmental Compliance Certificate
(ECC). Any person who willfully violates or grossly neglects to abide by the terms and
conditions of the environmental compliance certificate issued to said person and which causes
environmental damage through pollution and damages to life and property shall suffer the
penalty of imprisonment of six (6) months to six (6) years or a fine of fifty thousand pesos
(PhP50, 000.00) to two hundred thousand pesos (PhP200, 000.00) or both, at the discretion of the
court.
(h) Illegal Obstruction to Government Officials. Any person who illegally prevents or
obstruct the Provincial Governor or any of his representatives and the DENR personnel in the
performance of their duties under the provisions of this Code and of the regulations promulgated
hereunder shall be punished upon conviction, by the appropriate court, by a fine not exceeding five
thousand pesos (PhP5, 000.00) or by imprisonment not exceeding one (1) year, or both at the
discretion of the court.
i) Fines. The Provincial Governor through his authorized representative is authorized to charge
fines for late or non-submission of monthly production reports relative to the utilization, extraction
and sale of minerals and mineral by-products in accordance with the standing rules and regulations
of the DENR and of this Environment Code.
j) Ban on the Use of Mercury other Hazardous chemicals in Mineral Processing.

The provincial government shall ban the use of mercury and other hazardous chemicals in the
treatment and processing of minerals. Violation of this provision shall be penalized with an
imprisonment of not less than six (6) months but not more than one (1) year or a fine of Php
5,000.00 or both at the discretion of the court.
This ban shall be enforced only upon installation of the central processing plant within two (2) years
after the approval of this code.
34
The provincial government shall partner with investors in the installation of the central processing
plant as an ultimate alternative to a process using mercury. The central processing plant shall meet
all environmental requirements stipulated in the environment code and other national laws.
k) It shall be an offense for a permittee if he fails or willfully neglects to disclose the content of a
mining block, not reflecting the solid mineral approved for mining.
ARTICLE V
WATER RESOURCES
Section 52. Operative Principles – Water resources in the province shall be managed: (a)
For the primary purpose of meeting indefinitely the basic requirement for potable water of all
residents of Eastern Samar and for sustained agricultural production; and (b) For the growing
industrial, recreational and commercial development activities through water resources
pricing, institution of local water pollution control legislation, and establishment of the
Eastern Samar Network of Watersheds (ESNW). Further, it is hereby declared the policy of
the provincial government that water resources in the province shall be equitably shared and
that no barangay shall be deprived of safe and clean water.
Section 53. Establishment of a Water Resources Trust Fund – There is hereby created a
Water Resources Trust Fund for the sole purpose of supporting provincial/city/municipal
programs or projects for the rehabilitation of water production areas within the ESNW. The trust
fund, which shall comprise all amounts, denominated as “share of national wealth” from the
operation of water utilities by national government recommendation by the multi-sectoral Water
Resources Advisory Committee. Henceforth, all such unexpected amounts and future allocations
shall accrue to the Water Resources Trust Fund.
Section 54. Designation of Priority Watershed for Protection – The Eastern Samar
Network of Watersheds (ESNW) is hereby created to be composed initially of the watersheds
which shall be managed and governed by provincial laws, rules and regulations, subject to
national laws, for the purpose of securing the water requirements for the sustainable
development of Eastern Samar.
b) Establishment and Extent of the ESNW – Within one (1) year upon effectively of this
Code, the Governor shall, in close collaboration with the DENR and concerned city/municipal
governments, Barangay councils, and Protected Area Management Boards, study and review
each water shed initially composing the ESNW as to its suitability or non-suitability for the
purpose of determining the specific areas needed for water production purposes.
Upon completion of the study and review, the Governor shall submit to the Sangguniang
Panlalawigan a map and legal description of boundaries of each of the water production areas
in each watershed together with his recommendation for the Sangguniang Panlalawigan to
declare, set aside and maintain the aforesaid areas as strict protection zone for the purpose of
water production.
c.) Additional Areas to the ESNW – The Governor shall propose to the Sangguniang
Panlalawigan the inclusion in the ESNW those watersheds established by the municipal/city
governments in accordance with Section 12 (c) of this Code, including additional watersheds
which the Governor deems necessary to require strict protection for water production
purposes.
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d.) Disestablishment of Watersheds – When upon the recommendation of the majority

members of the concerned Sangguniang Bayan and, if applicable, the members of the
concerned) Protected Areas Management Board, a certain watershed within the ESNW or
portion thereof should be withdrawn or disestablished, or its boundaries modified, the
disestablishment of the thereof shall take effect pursuant to an act of the Sangguniang
Panlalawigan.
e.) Buffer Zones – When necessary, there may be establishment peripheral buffer zones of the
strict water production area to protect the same from activities that will directly or indirectly
harm it; provided, that the establishment of the peripheral buffer zones shall be in the same
manner as the Sangguniang Panlalawigan established the strict water production area.
Section 55. Water Resources Management Plan – The Governor shall, together with the
Municipality/City Mayors, concerned Protected Area Management Boards, national
government plan for the Eastern Samar Network of Watersheds. Upon recommendation of the
multi-sectoral Water Resources Committee (WRC), the Governor may qualify professional
consultancy services in accordance with law;
The plan shall be based, among others, on the following:
a.) Inventory and classification of water resources in accordance with Presidential Decree
1067 and DENR Administrative Order No. 34. Series of 1990, for the purpose of determining
appropriate uses, protection measures needed and water quality standard to be applied;
b.) Characterized of the status of priority watersheds in terms of water producing
capacity, water quantity and use;
c.) The measures to be implemented to improve water quality and production capacity of
the watershed;
d.) The appropriate institutional arrangement to be for managing the watershed;
e.) The investment requirement, duration and revenue generating measures to be
implemented; and
f.) Appropriate policy incentives and regulations to ensure that the watershed is managed
in a sustainable manner.
Section 56. Water Quality Monitoring – Within nine (9) months upon effectivity of this
Code, the Governor shall organize and maintain the continuous and effective operation of a
multi-sectoral Provincial Water Resources Committee (PWRC) to be composed of the
Governor as Chairman, the Chairperson of the SP Committee on Environmental Protection
and Energy as Vice-Chairman, and NIA, DENR, NAPOCOR, PAG-ASA, DA, ESAMELCO
and PHO as members, including two (2) representatives of accredited non-government
organization as appointed by the Governor. The committee shall be vested with the following
duties and responsibilities;
a.) Establish the number and location of province-wide water sampling stations based on
proximity to human settlements and possible sources of pollution. The sampling stations shall
include coastal areas, estuaries, rivers, community deep wells, aquifers, and similar bodies of
water as determined by the Committee.
b.) Conduct regular sampling and carry out the analysis of samples collected using the
parameters, standards, and procedures established by national laws. The sampling stations
shall include biological oxygen demand (BOD), total suspended solids (TSS) and total coli
form.
c.) Release of the monitoring result to the public particularly to the municipalities and
barangays concerned.
d.) In coordination with the DENR and the Provincial Agriculturist’s Office, monitor the
impact on water resources of all mining operations in the province.
e.) Assist national government agencies in the enforcement of anti-pollution laws including
Presidential Decree No. 984, DENR Administrative Order 34 (Revised Effluent Regulations
36
of 1990) and Republic Act. No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990)
f.) Organize industrial firms and tourism establishments in the province so that they can share
pollution reduction techniques, work as a group with the government and non-government.
g.) Advice the governor on the policy requirements to safeguard water resources in the
province.
h.) Recommend to the Governor the allocation of the Water Resources Trust Fund as provided
under Section 27 of this Code.
i.) Prepare and recommend to the Governor annual work and financial plans for the operation
of the Committee.
`Section 57. Protection of Public Water Infrastructure – The Governor shall identify the
component watersheds of the ESNW which are presently supporting small hydro-electric
projects, inter-municipality waterworks and irrigation systems as well as those which are
potential sites of similar projects and assist local governments prepare management plans
thereof. The Governor shall ensure that engineering works and infrastructure projects within
the province do not adversely impact on water quality.
Section 58. Protection of Riverbanks Easements, Rights-of-Way and Greenbelts – The

Governor shall adopt adequate measures for establishing clearance and greenbelts along river
banks and seashore areas as prescribed by law, to recover easements as provided in DENR
Administrative Order 05, series of 1997 and Presidential Decree No. 1067 which provide that
banks of rivers and streams and the shores of the seas throughout their entire length and
within a zone of three (3) meters in forest areas, along margins are subject to easement for
public use in the interest of recreation, navigation, float age, fishing and salvage.
Section 59. Drainage System – The Governor shall adopt necessary measures to ensure that
adequate municipal and Barangay drainage systems are established and maintained to prevent
the negative effects of all types of affluent on both surface and underground water quality.
The Governor shall also provide assistance to local governments for the purpose of ensuring
that the solid wastes are properly disposed for the protection of water resources.
Section 60. Organic Farming and Soil and Water Conservation – The Governor shall assist
local governments in the implementation of community-based forestry projects for the purpose
of instituting improved soil and water conservation techniques and generate resources to
implement the measures. Likewise, the Governor shall promote the application of organic
techniques among farmers and use all its powers to enforce laws against prohibited agricultural
chemicals.
Section 61. Health and Sanitation Measures – The Governor shall adopt appropriate
measures to assist local governments improve environmental sanitation by expanding the use
of sanitary toilets for waste disposal.
Section 62. Water Usage and Classification – The Provisions of DENR Administrative
Order No.34 series of 1990, otherwise known as the “Revised Water Usage and Classification
and Amendments thereto”, are hereby adopted.
Section 63. Utilization of Waters

a. Resource Valuation shall be included in any development of water resources to ensure
beneficial effects to the people of the province of Eastern Samar.
b) Any development of water resources shall be subjected to rules and regulations as

mandated under RA 1067 and other related laws.
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(i) The utilization of subterranean or ground water shall be coordinated with that of surface
waters such as rivers, streams, springs and lakes, so that a superior right in one not adversely
affected by an inferior right in the other.
Section 64. Control of Waters

(a) There shall be guidelines for governing and management of flood plain areas in the
province to be formulated jointly by the Provincial Government, Water Resource Board and the
DENR.
(b) The Provincial Government in coordination with concerned government agencies may
construct the flood control structures in declared flood plain control areas, and for this purposes
it shall have a legal easement as wide as be needed along and adjacent to the riverbank and
outside of the bed or channel of the river.
(c) River beds and sand bars may not be cultivated except upon prior permission from the
concerned government authority and such permission shall not be granted where such cultivation
obstructs the flow of water or increase flood levels so as to cause damage to other areas.
(d) Rivers, lakes and lagoons may, upon the recommendation of the concerned government
authority, be declared navigable either in whole or in part.
(e) Rafting of logs and other objects on rivers and lakes which are floatable shall be controlled
or prohibited during designated season of the year with due regard to the needs of irrigation
and domestic water supply and other uses of water.
(f)The impounding of ponds or reservoirs shall be prohibited when found dangerous to public
health upon consultation with the Public Health Office.
(g) All reservoir operations shall be subject to rules and regulations as mandated by the law.
(h) No person shall drill a well without prior permission from the concerned government
authority.
(i) Transfer of water from one river basin to another river basin shall be done only based on
the rules and regulations and allowed only upon approval of the concerned government authority.
Section 65. Conservation and Protection of Waters and Watersheds

(a) Establishment of Watersheds for Protection - The provincial, municipal and Barangay
Governments shall, in close collaboration with the DENR and other concerned agencies identify
study and review each watershed to determine the suitability strictly needed for water production
purposes and immediate protection.
(b) All municipalities shall declare the identified critical and significant watershed areas for
protection either for water production area subject for the approval of the Sangguniang
Panlalawigan and engage in a co-management agreement with the DENR. (formulate sanction to
municipality and barangay for not protecting and managing watershed within their area)
(c)All municipalities shall formulate watershed management plan for each identified watershed
subject for the approval of the Sangguniang Panlalawigan.
(d) All municipalities and Barangays shall compulsory allocate annual budget for the
protection and conservation of the identified watershed in their respective territorial jurisdiction.
38
(e) Water Spring Protection and Development. Effective upon approval of this Code, it is
unlawful to any public officer and employee to initiate or recommend for the issuance or cause to
issue any tenurial instruments to certain areas for exclusive use and ownership by a private
person or entity where water sources and/or channels are located.
(f) Water Sources within A&D and Titled Lands. All water sources with a radius of 100
meters located within A & D areas shall not be subjected to any title application.
As deemed necessary, the government shall endeavor to file expropriation proceedings to all
private properties where water sources are found to be in critical condition. In most instances, the
municipal government shall ensure proper maintenance and sanitation, protection, conservation
and safety of water used by the public.
(g) Water Resources Management Plan. All Municipal Mayors, concerned national government
agencies, local water districts, and private sector shall formulate water management plan subject
to the concurrence of the majority members of the Sangguniang Panlalawigan and approval of
the Governor.
(h) Watershed and Water Bodies. Buffer zones and riverbank easements shall be established to
protect the watersheds and water bodies from any human settlement and activities that may
directly or indirectly degrade or destruct the same.
Section 66. Prohibited and Punishable Acts – The Sangguniang Panlalawigan, in

consultation with the various Municipality/City Sanggunians of Eastern Samar and the
DENR, shall within one (1) year upon effectivity of this code, enact a unified ordinance for
the purpose of defining the penalties and/or sanctions for acts in violation of the provisions of
this Code, such as, but not limited, to the following:
a.) No person shall operate, maintain any collection system, sewage disposal system,
treatment facility or wastewater treatment facility unless the same is provided with adequate
and effective treatment and covered by a current and valid permit issued by the Governor or
the Municipal/City Mayor.
b.) No industrial or domestic sewage shall be discharged into Class AA and Class SA
water, as defined under DENR Administrative Order No.34 Series of 1990.
c.) In order to avoid deterioration of the quality of a receiving water body (RWB), no
industrial plant with high waste load potential shall discharge dry weather conditions is
sufficient to maintain its prescribed water quality according to its usage and classification.
d.) No person shall discharge, wholly or partially, untreated or inadequately treated
industrial effluents directly into bodies of water or through the use of bypass canals and/or
pumps and other unauthorized means.
Section 67. Penal Provisions. Penalties under this section shall be in pursuance to the provisions
of Presidential Decree No. 1067. Pursuant to existing provisions of Presidential Decree No.
1067, please note the impositions of penalties as prescribed:
(a) The following acts shall be penalized by suspension or revocation of the violator’s water
permit or other right to the use of water and/or a fine of not exceeding One Thousand Pesos (P
1,000.00), in the discretion of the concerned authority:
(a.1) Appropriation of subterranean of any standard or ground water for domestic use by an
overlying landowner without registration as required by the authority.
(a.2) Non-observance of any standard of beneficial use of water.
(a.3) Failure of appropriator to keep a record of water withdrawal, when required.
(a.4) Failure to comply with any of the terms and conditions in a water permit or a water rights
grant.
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(a.5) Unauthorized use of water for a purpose other than that for which a right or permit was
granted.
(a.6) Construction or repair of any hydraulic work or structure without duly approved plans
and specifications, when required.
(a.7) Failure to install a regulating and measuring device for the control of the volume of water
appropriated, when required.
(a.8) Unauthorized sale, lease or transfer of water and/or water rights.
(a.9) Failure to provide adequate facilities to prevent or control diseases when required by the
Authority in the construction of any work for the storage, diversion, distribution and utilization
of water.
(a.10) Drilling of a well without permission of the concerned authority.
(a.11) Utilization of an existing well or ponding or spreading of water for recharging

subterranean or ground water supplies without permission of the concerned authority.
(a.12) Violation of non-compliance with any order, rules, or regulations.
(a.13) Illegal taking or diversion of water in an open canal, aqueduct or reservoir.
(a.14) Malicious destruction of hydraulic works or structure valued at not exceeding P5, 000.00
(b) A fine of not exceeding Three Thousand Pesos (P 3,000.00) or imprisonment for not more
than three (3) years, or both such fine and imprisonment , in the discretion of the Court, shall be
imposed upon any person who commits any of the following acts:
(b.1) Appropriation of water without water permit, unless such person is expressly exempted
from securing a permit by the provisions of Water Code of the Philippines (PD 1067).
(b.2) Unauthorized obstruction of an irrigation canal.
(b.3) Cultivation of a river bed, sand bar or tidal flat without a permit.
(b.4) Malicious destruction of hydraulic works or structure valued at not exceeding Twenty-
Five Thousand Pesos (P 25,000.00).
(c) A fine exceeding Three Thousand Pesos (P3,000.00) but not more than six Thousand
Pesos (P6,000.00) or imprisonment exceeding three (3) years but not more than six years, or
both such fine and imprisonment in the discretion of the court, shall be imposed on any person
who commits any of the following acts:
(c.1) Distribution for public consumption of water which adversely affects the health and
safety of the public.
(c.2) Excavation or enlargement of the opening of a hot spring without permission.
(c.3) Unauthorized obstruction of a river or waterway, or occupancy of a river bank or

seashore without a permission.
(c.4) Establishment of a cemetery or a waste disposal area near the source of water supply or
reservoir for domestic municipal use without permission.
40
(c.5) Constructing, without prior permission of the government agency concerned, works that
produce dangerous or noxious substances, or performing acts that result in the introduction of
sewage , industrial waste, or any substance that pollutes a source of water quality.
(c.6) Dumping mine tailings and sediments into rivers of waterways without permission.
(c.7) Malicious destruction of hydraulic works or structure valued more than Twenty thousand
Pesos (P25, 000.00) but not exceeding One Hundred Thousands Pesos (P100, 000.00).
(d) A fine exceeding Six Thousand Pesos ( P 6,000.00) but not more than Ten Thousand
Pesos ( P10,000.00) or imprisonment exceeding six (6) years but not more than twelve (12)
years, or both such fine and imprisonment , in the discretion of the Court, shall be imposed upon
any person who commits any of the following acts:
(d.1) Misrepresentation of citizenship in order to qualify for water permit.
(d.2) Malicious destruction of a hydraulic works or structure, valued at more than One
Thousand Pesos (P100, 000.00)
(e) If the offense is committed by a corporation , trust , firm, partnership , association or any
other judicial person, the penalty shall be imposed upon the President, General Manager, and
other guilty officer or officers of such corporation, trust, firm, partnership , association or entity ,
without prejudice to the filing of a civil action against said juridical person. If the offender is an
alien, he shall be deported after serving his sentence, without further proceedings.
After final judgment of conviction, the Court upon petition of the prosecution attorney in the
same proceedings, and after due hearing, may, when the public interest so requires, order
suspension of dissolution of such corporation, trust, firm, partnership, association or juridical
person.
(f) All actions for offenses punishable under Article 91 of PD 1067 shall be brought before
the proper court.
(g) Actions for offenses punishable as provided under the Penal Provisions by a fine of not
more than Three Thousand Pesos ( P3,000.00) or by an imprisonment of not more than three (3)
years, or both such fine and imprisonment , shall prescribe in five (5) years; those punishable by
such fine exceeding Three Thousand Pesos ( P 3,000.00) but not more than six (6) years, or
both such fine and imprisonment , shall prescribe in seven (7) years; and those punishable by a
fine exceeding Six Thousand Pesos ( P6,000.00) but not more than Ten Thousand Pesos (
P10,000.00) or an imprisonment exceeding six ( 6) years but not more than twelve (12) years ,
or both such fine and imprisonment , shall prescribe in Ten (10) years.
ARTICLE VI
INTEGRATED WASTE MANAGEMENT
Section 69. Operative Principles – The provincial government recognizes that the steadily
increasing level of economic activities and population growth in the urban and rural areas leads
to an increase in the volume of wastes and adversely impacts on the health of our population and
Eastern Samar’s fragile ecosystems. Pursuant to Section 3 (1), Republic Act 7160 and in
consideration of ecotourism and agro-industrialization as our key development strategy, it is
therefore our declared policy to encourage & support integrated waste management (IWM)
programs of city and municipal governments and Barangay councils.
41
Section 70. Integrated Waste Management – As guide for interventions, the provincial
government hereby adopts IWM system as recommended by the Presidential Task Force for
Waste Management (c.f. Memorandum – Circular dated November 30, 1987). Accordingly, the
system shall be composed of the following functional elements.
a) Waste Generation – Includes activities that lead to the identification and understanding of the
sources, amounts, nature, type and characteristics of waste generated. This component covers the
reduction, reuse, and recycling (3R’s) of wastes at source.
b) Handling and On-site Storage – handling of waste after generation includes sorting,
shredding, composting, bailing and compaction and placement of waste materials into their
corresponding storage containers and the movement of these stored wastes to the collection
points.
c) Collection, Transfer and Transport – this involves gathering of wastes and hauling them to
transfer stations or to final disposal sites.
d) Processing and Recovery – Includes size reductions, magnetic separation, density separation
using air classified and other processes and operations designed to recover and produce usable
materials like composer or energy such as electricity.
e) Disposal – This is the final step of the IWM system. The most common and widely accepted
final disposal is the use of the sanitary landfill.
Section 71. Role of the Province – The provincial government shall promote the practice of
waste segregation and waste minimization of source. Specifically, it shall perform the following
functions:
a) Assist city/municipal governments in the preparation of a multi-year IWM program,

including information, education and communication materials, and encourage city/ municipal
governments to provide incentives for business establishments producing organic compost
fertilizers out of their solid wastes.
b) Facilitate establishment of supportive linkages between local government units and other
government and private sector organizations.
c) Assist local governments who may decide to group themselves consolidated or coordinate
their efforts services, and resources for the purpose of establishing a common IWM system or
facilities.
d) In coordination with the Presidential Task Force for Waste Management, DENR, NGO’s and
the League of Municipalities, the Philippine Councilors’ League, and the National Movement of
Young Legislators, facilitate the establishment of a model municipal unit that demonstrates an
effective and efficient IWM system.
e) Train provincial personnel to provide technical assistance services, particularly in IWM and
EIA (Environmental Impact Assessment) to local governments.
f) Install an operational monitoring system to ensure sustainability of IWM programs.
g) Without requiring the financial and personnel requirements under the Investment Code of the
Province of Eastern Samar, provide the incentives under the said Investment Code for (1)
business entries producing organic compost fertilizers; and (2) business firms investing wholly in
the establishment of Sanitary Landfills as required by existing national laws.
Section 72. Waste Management Bodies. – The Governor shall establish an IWM Section
under the Office of the Governor. The unit shall be composed of IWM specialists whose
primary task is to extend technical assistance services to Borongan City and the
municipalities, particularly in diverging approaches to enhance their waste management
capability.
a.) Municipal IWM Units – If necessary, the municipalities shall organize their waste
management’s units. Where funding poses a major constraint, existing departments such as
the General Services Offices, Municipal Health Office or the Municipal Planning and
Development Coordinating Office may be designated to perform IWM responsibilities on a
concurrent capacity. Otherwise, the municipality shall form a multi-sectoral Municipal Action
42
Team for the Waste Management that will be headed by a permanent staff from any of the
above stated municipal offices. The IWM unit or Action Team shall be under the direct
supervision of the Office of the Mayor.
b.) Access – The Governor and Mayor, or their duly authorized representatives shall have
access to observe and inspect waste treatment and in-plant waste control facilities and to
collect samples for analysis.
Section 73. Waste Segregation at Source. All residents of the province shall practice waste
segregation at source from residential, commercial, industrial, government entities, adopt the
ecological solid waste management procedures and implement zero waste management approach
through total waste recycling methodologies consistent with the provisions of PD 856 and
applicable laws. Every individual shall practice reduce, reuse and recycle of waste generated at
source as a personal habit in reducing waste.
Section 74. Sorting and Storage. There shall be a separate container for each type of sorted
waste in all establishments and dwelling units for biodegradable, non-biodegradable, infectious
waste, chemical waste, and radioactive and sharp objects wastes, with the corresponding mark in
print or applied color coding for each type of waste storage for proper identity of same or any
other manner of classification desired by each municipalities.
Section 75. Collection and Transport and Recycling.
(a) Every family/household shall be required to bring their non-biodegradable waste to the
nearest garbage collection point designated by the Barangay solid waste management committee.
(b) The Barangay shall collect and transport accumulated waste to the nearest material recover
facility (MRF) for recycling, composting, storage of recyclable materials according to its kind
and for marketing purposes. The residual waste as described as non-recyclable materials and
specials waste thereof shall be disposed finally to the dump site by the municipality through the
MENRO as its rule specified in Section 10 of RA 9003.
Any interested individual or groups shall be encouraged to engage in the business of waste
recycling and other entrepreneurial activities in accordance with the waste recycling program of
the government. The Provincial Government through its PENRO –LGU shall provide list of
market buyers for recyclable materials to all municipalities and barangays of the locality.
(c) In the case of Eastern Samar Marsh and other wetland areas, every family/.household shall be
required to collect the non-biodegradable waste and dispose the same to the designated dumping
sites. All water transport vehicles and store owners shall provide waste container as a
requirement to operate business in the area.
(d)
Section 76. Compost Pit Establishment. Every household shall establish back yard compost pit
where the kitchen wastes, garden waste, animal wastes and all other biodegradable wastes shall
be disposed of, that shall follow the rules of composting and type of composers applied.
Section 77. Prohibition against the Use of Open Dumps and Controlled Dump Facilities for
Solid Waste Disposal. The provincial government in line with the national policy on solid waste
management shall strictly observed the no open dump policy neither controlled dump which
shall be established and operated, nor any practice of such disposal system of solid waste by any
person, including public and private institutions.
After the affectivity of this code, the provincial government shall strictly enforce the forgoing
policy that five (5) years after the promulgation and affectivity of the RA 9003, the provincial
government and all municipalities concerned shall closed/phased out its open dumps and
43
controlled dumps, in accordance with the guidelines set in Sec. 41 of RA 9003: Henceforth, safe
closure and rehabilitation plan shall be prepared by each municipalities to ensure proper
environmental protection measures and safeguards in place, consistent to section 37 of the Act.
Section 78. Sanitary Landfill Establishment. The provincial government and all municipalities
of Eastern Samar shall establish a sanitary landfill following the minimum criteria in sitting up a
sanitary landfill described in its establishment & operation as Section 40, 41 & 42 of the Act (RA
9003).
Section 79. Clustering of Sanitary Landfill for Common Solid Waste Treatment and
Disposal Facilities. For the purpose of encouraging and facilitating the development of local
government plans for solid waste management which have the common solid waste management
problem as provided in Sec. 44 of the Act, the provincial government shall identify feasible areas
for appropriate clustered solid waste management services based on the following
considerations:
a) Size and location of municipality should be included
b) Volume of solid waste which would be generated
c) Means of coordinating local government planning between provincial government and

among the clustered LGU on plan integration
d) Possible life span of the disposal facilities.
e) ECC compliance pursuant to RA 1586 mandate
Pursuant to this code consistent to Section 33 of RA 7160 otherwise known as the Local
Government Code of 1991, the provincial government, municipalities and barangays shall
coordinate efforts, service and resources for the purpose of jointly addressing the establishment
of common waste disposal facilities.
Section 80. Solid Waste Ordinance. All municipalities shall be required to enact solid waste
ordinance to ensure proper implementation of RA 9003.
Section 81. Hazardous and Toxic Waste. Discarded household hazardous wastes such as
paints, thinners, household batteries, used oil, tires, worn out appliances like stoves, refrigerators,
washing machines and dryers shall be handled separately during the transport and shall be kept at
buy back station for future recycling purposes prior to final disposal at the landfill site. Proper
waste coding must be enforced on this matter and a septic vault shall be constructed at the
landfill site intended for hospital waste, sharp metal waste, pathological waste, toxic and
hazardous waste. Hazardous and toxic wastes generated from residential areas, Hospitals,
Commercial establishments, factories, subject for disposal to a government owned sanitary
landfill site shall strictly observe the Solid Waste Management disposal regulations, set forth by
the Provincial Government.
Section 82. Burial Grounds. As provided by law, a public cemetery shall be established which
shall serve as permanent disposal site for the dead person subject to specified ground
requirements. A certification from a Sanitary Engineer of the Department of Health, PENRO-
LGU and DENR-EMB to justify its land suitability including the assessment report from a
Geologist of Mines and Geo-sciences .Bureau shall be secured.
Section 83. Solid Waste Management Plan. To ensure the efficient management of solid waste,
the Province and the Municipalities shall prepare its respective ten (10) year solid waste
44
management plan. Components of the SWM plan shall be strictly followed as enumerated in
Section 17 of RA No. 9003.
Section 84. Ecological Waste Management Team. The Provincial, Municipal and Barangay
governments shall create Ecological Waste Management Team to spearhead the implementation
of Ecological Waste Management Programs and Projects pursuant to RA 9003 and PD 856 law.
Section 85. Prohibited Acts – The Sangguniang Panlalawigan in consultation with the various
municipality/city Sanggunians of Eastern Samar and the DENR, shall within one (1) year upon
effectivity of this Code, enact a unified ordinance for the purpose of defining the penalties and/or
sanctions for acts in violation of the provisions of this Code, such as but not limited to, the
following:
a) The disposal of non-biodegradable debris, dredge materials if such are contaminated with
industrial wastes, as well as the disposal of plastics and litter in beaches and the sea itself is
prohibited. Dumping of plastics debris such as discarded fishing nets and lines, packaging bands,
straps, synthetic ropes, plastic bags, bottles, sheets, other containers and even medical equipment
shall likewise be prohibited for it will not only reduce amenity of the marine environment but
also poses threat to the safety or many marine mammals and birds that are prone to ingest such
debris.
b) Pursuant to existing laws, construction of local dump sites or industrial settlement pits and
waste treatment plants less than one (1) kilometer away from the sea and/or rivers shall be
banned and therefore prohibited.
c) No person shall dump or dispose waste into the sea and any body of water, including
shoreline and river banks, where wastes are likely to be washed into the water, that dumping of
waste and other materials into the sea or any navigable water shall be permitted in case only of
immediate or imminent danger to life and property, subject to existing national laws and
regulations.
Section 86. Fines and Penalties. The Provincial government shall uphold the imposition of
penalties prescribed under the provisions of R.A 9003.
a) Any person who litters, throws, dumps waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same, upon
conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more
than One thousand pesos (P1,000.00) or render community service for not less than one (1) day
to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;
b) Any person who undertakes activities or operates, collects or transports equipment in

violation of sanitation operation and other requirements or permits set forth in established
pursuant and conducts open burning of solid waste shall, upon conviction be punished with a
fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or imprisonment of not less than one (1) day but not more than fifteen (15) days, or
both;
c) Any person who causes or permits the collection of non-segregated or unsorted wastes;
squatting in open dumps and landfills; open dumping, burying of biodegradable or non-
biodegradable materials in flood prone areas; and unauthorized removal of recyclable material
intended for collection by authorized persons shall, upon conviction, be punished with a fine of
not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos
(P3,000.00) or imprisonment of not less than fifteen (15) day but not more than six (6) months,
or both;
d) Any person who mixes of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal; establishes or
operates of open dumps shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,
000.00) plus an amount not less than five percent (5%) but not more than ten percent (10%) of
his net annual income during the previous year.
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i. The additional penalty of imprisonment of a minimum period of one (1) year but not to
exceed three (3) years at the discretion of the court shall be imposed for second or subsequent
violations of provisions of the said prohibited acts.
e) Any person who imports toxic wastes misrepresented as “recyclable” or “with recyclable
content” and transports and dumplogs in bulk of collected domestic, industrial, commercial, and
institutional wastes in areas other than centers or facilities prescribe under RA 9003 shall, upon
conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more
than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30)
days but not more than three (3) years, or both;
f) Any person who conducts site preparation, construction, expansion or operation of waste
management facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and RA 9003 and not conforming with the land use plan of the
LGU; constructs any establishment within two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and constructs or operates of landfills or any waste
disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions
thereof shall, upon conviction, be punished with a fine not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less
than one (1) year but not more than six (6) years, or both.
i. If the offense is committed by a corporation, partnership, or other juridical identity duly
recognized in accordance with the law, the chief executive officer, president, general manager,
managing partner or such other officer-in-charge shall be liable for the commission of the
offense penalized under RA 9003 and this code.
ii. If the offender is an alien, he shall, after service of the sentence prescribed above, be
deported without further administrative proceedings.
iii. The fines herein prescribed shall be increased by at least ten (10%) percent every three years
to compensate for inflation and to maintain the deterrent functions of such fines.
Section 87. Administrative Sanctions. Local government officials and officials of government
agencies concerned who fail to comply with and enforce rules and regulations promulgated
relative to RA 9003 and this Article shall be charged administratively in accordance with R. A.
7160 and other existing laws, rules and regulations
ARTICLE VII
COASTAL RESOURCES
Section 88. Operative Principles – The provincial government recognizes that our
waters, which contain valuable productive habitats where in majority of the great people of
Eastern Samar are directly/indirectly dependent for livelihood and nutrition, is presently under
“de facto” open access conditions which threaten the food security, long term livelihood, use and
enjoyment of our fishing population, in particular, and the people of Eastern Samar, in general.
The provincial government also hereby affirms the
Provisions of Article XIII, section 2 of the Philippine Constitution, which provides that the
State, through the Component coastal Municipalities shall protect the rights of the subsistence
fishermen, especially of local communities, to the preferential use of communal marine
wealth AND ECLUSIVE ECONOMIC zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
Through this Code, it is hereby declared as a policy of the provincial government to strongly
and irrevocably support the government and the communities of coastal municipalities and the
cities in the full exercise of their powers duties and responsibilities towards proper
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management of our municipal or city waters. It is also hereby declared our policy that ,
considering the trans-boundary character of the issues and the problems confronting our
municipal and city waters, the provincial government shall exercise its full powers through
the provisions of active leadership, technical assistance, conductive policy, and effective law
enforcement for the conservation of our freshwater, brackish and marine resources.
Section 89. (a) Delineation of Municipal Waterways-within two (2) years upon effectivity of
this code, the Governor shall adopt all measures to encourage the City/Municipal Mayors,
coastal inhabitants, and concerned national government agencies to complete the delineation,
establishment, management and maintenance and protection of their municipal waters pursuant
to Section 131(r), RA 7160. It shall be incumbent upon the concerned Municipality/City
Mayors, as the case may be , to measure, delineation, demarcate, zonify, and produce maps of
their respective territorial boundaries, employing in the process a certified engineer, provided
that the delineation of municipal territorial waters shall be undertaken by contiguous
municipalities to avoid future controversies in boundary lines, provided further, further that the
amicable settlement of boundary disputes between municipal waters shall be governed by
Section 118 and 119, RA 7160, provided finally, that after two (2) years upon effectivity of this
Code, no fishery privileges shall be issued, pursuant to Section 149, RA 7160, until the
measurement, delineation, demarcation, zonification and mapping of municipal waters has been
fully completed. The Governor is hereby authorized to issue the appropriate implementing rules
and regulations, circulars directives and memoranda including sanctions for the purposes of
implementing the provisions of this Section.
(b) Provincial Coastal Resources Management Framework-in consideration of the trans-
boundary character of the issues, challenges and problems, confronting our city/ municipality
waters and pursuant to the general welfare clause of RA 7160, the Governor shall establish a
Provincial Coastal Resources Management Framework (CRMF) to serve as guide for coastal
municipalities in undertaking among others, the delineation, establishment, ,management, and
maintenance and protection , of their municipal waters within six (6) months upon effectivity of
this Code..
In the minimum, the CRMF shall include working guides for conducting the following:
Delineation of boundaries of municipal waters;
Preparation of zoning and management plans covering municipal waters;
Strengthening the Fishfolk organization;
Organizational and Institutional mechanisms;
Procedures for dealing with pollution (from liquid and solid waste) of municipal waters;
Regulations governing recreational, educational and scientific use of the municipal waters;
Investments promotion, revenue generation and livelihood enhancement;
Procedures for dealing with abandoned, unproductive and illegal fishponds
Rehabilitation of mangroves;
Development of alternative livelihood;
Formulation, promulgation, and enforcement of fishing laws, rules and regulations
Reclamation infrastructures.
Section 90. Conservation of Biological Diversity and Preservation of Heritage Items-

Biological diversity and heritage items shall not be jeopardized in the utilization,
development, and management of our waters. Unique marine features and productive habitats
such as but not limited to, sea grass beds and coral reefs, shall not be destroyed.
Section 91. Community Participation and Integration of National Government Agencies-

management of our coastal resources and municipal waters shall be undertaken by
communities in close collaboration with their municipal government and barangay councils,
national government agencies and instrumentalities, people’s organizations, non-government
organizations and the private sector in general in order to engage their active cooperation. In
particular the Governor shall adopt adequate measures to directly engage the Philippine Coast
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Guard (PCG) of the Department of national Defense pursuant to RA 5173 and Presidential
Decree 601 (PCG Act of 1957 and tasking the PCG in marine environmental protection
respectively). Maritime Command (MARICOM) of the Philippines National Police pursuant
to Section 24, RA 6975 (Local Government Act of 1990, creating the PNP under the DILG,
Marine Industry Authority (MARINA) and the Philippines Ports Authority of the Department
of Transportation and Communication pursuant to Executive Order 125, the Bureau of
Aquatic and Marine Resources (BFAR), Department of Science and Technology, Department
of Education, Culture and Sports, Department of Public Works and Highways, and the DENR
in the implementation of CRM laws, programs and/or projects in the province.
Section 92. Coastal Zoning and Management Guidelines- In addition to CRMF cited in
Section 44(b) of this Code, the Governor shall formulate coastal zoning and management
planning guidelines which will serve as basis in formulating municipal; coastal zoning and
management plans. The plan shall be based on co-management approach where the municipal
government shall work with resources users and build upon existing laws, particularly in the
institutionalization of the Fisheries and Aquatic Resource Management Councils (FARMC)
pursuant to Presidential Executive Order No.240, series of 1995.
a) Zoning-the zoning component of the plan shall classify municipal waters according to four
(4) strict protection zones, namely Seaward zone, Middle zone, Landward zone and Riverine
fringe. The zoning plan shall achieve the following purposes:
1.0 Provide basis for the provision of tenure to qualified coastal zone residents as a, means
to prevent incident of squatting and /or unplanned settlements.
2.0 Allocate, delineate and set aside appropriate area for industries to secure the
environmental requirements for the growth and development of coastal communities such as
but, not limited to the identification of areas for settlements, agriculture, institutions,
infrastructure, commerce, recreation, tourism, national reservation and sanctuaries and areas
of cultural and historical significance.
3.0 Delineate areas as sanctuaries, no fishing zone, fishing gear restriction zones and critical
breeding and feeding areas of ecologically and economically important organisms
4.0 Delineate natural areas for the exclusive use of the specific user groups such as , but not
limited to, areas for recreation, tourism, research and education
5.0 Delineate mangrove areas to be covered under stewardship agreements and other
applicable tenurial instruments
6.0 Delineate areas where construction is prohibited pursuant to Presidential Decree
No.1067 and DENR Administrative Order No.05, series of 1997
b) Management planning-the management component of the plan shall compliment the
zoning plan. To be holistic, the management plan shall incorporate the following strategies:
1.0 assessment of the type, status, quality and quantity of coastal resources
2.0 Develop a Community-Based Coastal Resource Management (CBCRM) appropriate for
each municipality and provide active and continuing support to CBCRM activity at the
barangay and household levels.
3.0 Develop clear resource protection strategies and active law enforcement activities as
provided for in RA 8550 and other existing policies
4.0 Create territorial use rights in fisheries and develop these to the organized resource users
for management.
5.0 Develop sources of alternative and /or supplemented livelihood particularly micro-
enterprise development while technical and financial support is obtained for plan
implementation.
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6.0 Conduct information, education campaign to build awareness on CBCRM related issues,
government regulations on coastal resources and inculcate environmentally-sound resource-
extraction practices among coastal communities.
7.0 Development a research framework and installation of a municipal data base for coastal
resources;
8.0 Develop community –based ecotourism enterprises and biodiversity conservation
measures acceptable to the local communities.
9.0 Undertake community organizing and social preparation measures in implementing
CBCRM activities
10.0 Provide guidelines and procedures in identifying resource ‘hot spots’ and areas with
unique characteristics, unspoilt natural state resources, or requiring immediate protection to
maintain its economic , cultural, historical, social and ecological importance.
11.0 Provide a workable institutional arrangement to rationalize the authorities and activities
of various government and non-government organizations involved in coastal management.
The provincial government shall coordinate with the Department of Education and the
Technical Education and Skill development Authority, and other appropriate institutions to
undertake skills inventory of coastal barangay and implement a province-wide-non-formal
education (NFE) and skills training program among the deserving numbers of the fishing
households to increase their employment potential in non-fishing but gainful occupations.
Section 93. Environmental Impact Assessment-The coastal zoning and management plans
shall be subject to an Environment Impact Assessment (EIA). The Sangguniang Panlalawigan
without an EIA shall not authorize appropriation of public funds for the purpose of any
project that may be undertaken for exploration and a representation of the Coastal Resources
of the Province.
Section 94. Provision of Tenurial Security and Management Rights-All zones within
municipal waters or portion thereof shall be covered by applicable tenurial and /or
management rights and the issue thereof shall be in accordance with law.
Pursuant to Article XIII, Section 2 of the Philippines constitution, the state through the
component coastal cities and municipalities shall protect the rights of the subsistence
fishermen, especially of local communities, to the preferential use of communal marine and
fishing resources, both inland and offshore. It shall also protect its marine wealth and
exclusive economic zone and serve its use and enjoyment exclusively to Filipino Citizens.
Commercial fishing in municipal waters shall be governed by Section 18 of RA 8550.
Section 95. Promotion of Conducive Policy and Complimentary Province-Wide Fishery

Ordinance- The Governor with the assistance of the SP Committee on Environmental
Protection and Energy, shall assist local governments in reviewing and systematizing their
ordinances pertaining the coastal zone to identify the ordinances needed, reconcile conflicting
provisions of the existing ordinances and attain rational complementation of ordinances
among municipalities/cities and between the provincial and municipal /city ordinances
provided, that the Governor shall initiate measures towards the promulgation of a
complimentary province-wide fishery ordinance in consideration of the fugitive nature of
marine resources and the trans-boundary character of the issues and problems in coastal
resource management.
Section 96. Public Beaches- The local Chief Executive of coastal municipalities/cities shall
conduct an inventory of beach areas and, in coordination with DENR, set aside these for
public purposes.
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Section 97. Gathering, Extraction, and /or Removal of Beach Sand and Corals-The
gathering, extraction, and/or removal of beach resources, pebbles, sand and gravel, and
boulders for will be associated with production of increased amount of air and noise
pollutants thereby inevitably threatening the health and well-being of the people of Eastern
Samar, particularly from the increased utilization of fossil fuels by automotive vehicles and
industries. Pursuant to Section 17, RA 7160, the Provincial Government reaffirms its
authority to enforce pollution laws and take over the testing and apprehension of smoke
belching vehicles and abatement of noise and nuisance in accordance with law.
Section 98. Coastal Resource Management Fund-The provincial government shall allocate
funds every year from its Internal Revenue Allocation to support multi-year coastal
management activities, provided that such investments are in accordance with the duly
validated and approved provincial /municipality coastal resource management plans and
programs as described in Section 44(b) and 47 of this Code.
Section 99. Municipal Fisheries
(a) Jurisdiction of Municipal Governments- The municipal government shall have the
jurisdiction over municipal waters as defined in this Code. The municipal government, in
consultation with Fisheries and Aquatic Resources Management Council (FARMC) shall be
responsible for the management, conservation, development, protection, utilization, and
disposition of all fish and fishery/ aquatic resources within their respective municipal waters.
The municipal government may in consultation with the FARMC, enact appropriate ordinances
for this purpose. The ordinances enacted by the municipality shall be reviewed by the
Sanggunian of the province pursuant to Section 56 of Republic Act No. 7160.
The LGU shall enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipal council.
(b) Grant of Fishing Privileges in Municipal Waters- The duly registered fisherfolk
organizations and cooperatives shall have preference in the grant of fishery rights by the
Municipal Council pursuant to Section 149 of the local Government Code.
(c) Users of Municipal Waters- All fishery related activities in municipal waters, as defined in
this Code, shall be participated by municipal fisherfolks and their cooperatives/organizations
who have listed as such in the registry of municipal fisherfolks.
(d) Registry of Municipal Fisherfolk – The Municipal Government shall maintain a

registry of municipal fisherfolk, who are fishing or may desire to fish within the municipal
waters for the purpose of determining area priorities or limiting entry into the municipal waters,
monitoring fishing activities and other related purposes. Provided, that the FARMC shall submit
report to the concern Municipal Mayor the list of priorities together with the plans and programs
for its consideration.
Said LGU’s shall also maintain a registry of municipal fishing vessels by type of gear and other
boat particulars with the assistance of the FARMC.
(e) Priority of Resident Municipal Fisherfolk- Resident municipal fisherfolk of the

municipality concerned and their organizations/cooperatives shall have priority to exploit
municipal fishery areas of the said municipality.
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(f) Demarcated Fishery Right. The Municipal Government concerned shall grant
demarcated fishery rights to fishery organizations/cooperatives for aquaculture operation in
specific areas identified by the Department of Agriculture.
(g) Limited Entry Into Overfished Areas. Whenever it is determined by the LGUs and the
Department of Agriculture that a municipal water is over fished based on available data or
information or in danger of being over fished, and that there is a need to regenerate the fishery
resources in that area, the Municipal Government shall prohibit or limit fishery activities in the
said waters.
(h) Support to Municipal Fisher Folk. The Provincial Government in coordination

with the Department of Agriculture shall provide support to municipal fisher folk through
appropriate technology and research, production and marketing assistance and other services
such as, but not limited to training for additional/ supplementary livelihood.
Section 100. Promotion of Conducive Policy and Complementary Province Wide Fishery
Ordinance. The Municipal government shall formulate Municipal Fishery Ordinance pertaining
to fishery conservation, protection and management consistent with the provisions of this code
and other applicable ordinance of the province.
Section 101. Fund Support to Matarinao Bay Management Council (MBMC). Pursuant to
RA 8550, the Provincial Government shall adopt all measures for the purpose of organizing
province wide federation of municipal Fisheries and Aquatic Resource Management Councils
(FARMCs) such as MBMC to assume the responsibility of coordinating the enforcement of
fishery laws, rules and regulations; Provided further, that the provincial government shall include
in the annual investment plan specific budget provisions for the implementation of the FARMC
activities.
Section 102. Aquaculture
(a) License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structure for the
Culture of Fish and Other Fishery Products – Fish pens, fish cages, fish traps and other
structures for the culture of fish and other fishery products shall be constructed and shall operate
only within established zones duly designated by the Municipal Government in consultation with
the FARMCs concerned, consistent with the national fishery policies and after the corresponding
licenses required have been secured. The area to be utilized for this purpose for individual person
shall be determined by the Municipal Government in consultation with the concerned FARMC:
Provided however, that not more than ten percent (10%) of the suitable water surface of all lakes
and rivers shall be allotted for aquaculture purposes like fish pens, fish caged and fish traps; and
the stocking density and feeding requirements which shall be controlled and determined by its
carrying capacity.
(b) Grant of privileges for Operations of Fish Pens, Cages, Traps and Similar
Structures - No new concessions, licenses, permits , leases and similar privileges for the
establishment or operation of fish pens, fish cages, fish traps and other similar structures in
municipal areas shall be granted except to the duly registered municipal fisher folk and their
organization.
(c) Non – Obstruction to Navigation - Nothing in the foregoing sections shall be construed
as permitting the lessee, licensee, or permittee to undertake any construction which shall obstruct
the free navigation in any stream, river, or lake flowing through or adjoining the fish pens, fish
cages, fish traps and fishponds. Any construction made in violation hereof shall be removed
upon the order of the Municipal Mayor in coordination with other government agencies
concerned at the expense of the lessee, licensee, or occupants thereof, whenever applicable. The
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Municipal Government shall within thirty (30) days after the effectivity of this Code formulate
and implement rules and regulations for the immediate dismantling of existing obstruction to
navigation.
(d) Non-Obstruction to Defined Migration Paths –Nothing in the foregoing sections shall
be construed as permitting the lessee, permittee, or licensee to undertake any construction which
shall obstruct any defined migration path of migratory fish species such as river mouths and
estuaries within a distance determined by the concerned Municipal Government in consultation
with and upon the recommendation of the FARMC.
(e) Registration of Fish Hatcheries and Private Fishponds, etc. – All fish hatcheries, fish
breeding facilities and private fishponds must be registered with the Municipal Government
which shall prescribe minimum standards for such facilities in consultation with the Department
of Agriculture: Provided that all fishpond, fish pen and fish cage operators shall annually report
to the Municipal Mayor the type of species and volume of production in areas devoted to
aquaculture.
Section 103. Post Harvest Facilities, Activities and Trades
(a) Establishment of Post – Harvest Facilities for Fishing Communities – The Municipal
Government shall coordinate with the private sector and other concerned agencies and FARMC
in the establishment of post-harvest facilities for fishing communities such as, but not limited to,
municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing
establishment to serve primarily the needs of municipal fisherfolk.
(b) Registration and Licensing of all Post-Harvest Facilities- All post-harvest facilities
such as fish processing plants , and cold storages, fish ports/fish landings and other fishery
business establishments must register with and be licensed by the Municipal Government which
shall prescribe minimum standards for facilities in consultation with the Department of
Agriculture.
Section 104. Fishery Reserves, Refuge and Sanctuaries
(a) Fishing Areas Reserves for Exclusive Use of Government - The concerned Municipal
Government in consultation with the FARMC may recommend to the Department of Agriculture
what portion of the municipal waters is declared as fishery reserves for special or limited use, for
educational, research, and/ or special management purposes.
(b) Fish Refuge and Sanctuaries- The concerned Mayor in consultation with the FARMC and
in coordination with the DENR shall establish fishery refuge and sanctuaries. Provided; that at
least fifteen percent (15%) of the total area in each municipality shall be identified, based on the
best available scientific data and in consultation with the Department, and automatically
designated as fish sanctuaries by the Municipal Government in consultation with the concerned
FARMCs.
Section 105. Prohibition and Penalties. Penalties under this Article shall be in accordance with
the provision of “The Philippine Fishery Code”.
(a) Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities – No

person shall exploit, occupy, produce, breed, culture, capture, or gather fish, fry or fingerlings of
any fishery species or fishery products, or engage in any fishery activity in municipal waters
without a license, lease or permit.
Any person found to have in his possession fishing paraphernalia in an area where he has no
permit shall constitute a prima facie presumption that the person is engaged in unauthorized
fishing: Provided, that fishing for daily sustenance or for leisure which is not commercial,
occupation or livelihood purposes may be allowed as maybe determined by the Municipal
Government concerned.
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It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in
any commercial fishing activity in municipal waters. Any municipal fisherfolk who commits
such violation shall be punished by confiscation of catch and a fine of five hundred pesos (P
500).
(b) Fishing through Explosives, Noxious or Poisonous Substance and /or Electricity.
(b.1) It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or
gathered, fish or any fishery species in Municipal waters with the use of electricity, explosives,
noxious or poisonous substance such as sodium cyanide in the Municipal Fishery areas, which
will kill, stupefy, disable or render unconscious fish or fishery species: Provided, That the
Department of Agriculture, subject to such safeguards and conditions deemed necessary and
endorsement from the concerned Municipal Mayor, may allow, for research, educational or
scientific purposes only, the use of electricity , poisonous or noxious substance to catch, take or
gather fish or fishery species: provided, further, that the use of poisonous or noxious substance to
eradicate predators in fishponds in accordance with accepted scientific practices and without
causing adverse environmental impact in neighboring waters and grounds shall not be construed
as illegal fishing.
It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or any
matter dispose of, any fish or fishery species which have been illegally caught, taken or gathered.
The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances or equipment or device for electro-
fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official
or fishworker shall constitute prima facie evidence, that the same was used for fishing in
violation of this Code. The discovery of any fishing vessel of fish caught or killed with the use of
explosive, noxious or poisonous substances or by electricity shall constitute prima facie evidence
that the fisherfolk operator is fishing with the use thereof.
(b.2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices

for illegal fishing shall be punishable by imprisonment ranging from six (6) months to two (2)
years.
(b.3) Actual use of explosives, noxious or poisonous substances or electrofishing devices for
illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years
without prejudice to the filling of separate criminal cases when the use of the same result to
physical injury or loss of human life.
(b.4) Dealing in, selling or in any manner disposing of, for profit, illegally caught/gathered
fisheries species shall be punished by imprisonment ranging from six (6) months to two (2)
years.
(b.5) In all cases enumerated above, the explosive, noxious or poisonous substances and/or
electrical devices as well as the fishing vessel, fishing equipment and catch shall be forfeited.
(c) Use of Fine Mesh Net – It shall be unlawful to engage in fishing using nets with mesh
smaller than three (3) centimeters when stretch: Provided, that the prohibition on the use of fine
mesh net shall not apply to such species which by nature are small but already mature to be
identified by the Municipal Government.
Violation of the above shall subject the offender to a fine from two thousand pesos (P2, 000.00)
to twenty thousand pesos (P 20,000.00) or imprisonment from six (6) months to two (2) years or
both, such fine and imprisonment at the discretion of the court: Provided, that the owner/operator
of the fishing vessel who violates this provision shall be subjected to the same penalties provided
herein.
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(d) Use of the Active Gear in the Municipal Waters and Other Fishery Management
Areas – It shall be unlawful to engage in municipal waters as well other fishery management
areas using active fishing gears as defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
(d.1) The owner/operator of the vessel/operator of the vessel shall be fined from Two thousand
pesos (P2, 000.00) to Twenty thousand pesos (P20, 000.00) upon the discretion of the court.
(e) Fishing in the Overfished Area and During Closed Season. – It shall be unlawful to fish in
overfished area, and during closed season.
Violations of the provision of the section shall be punished by imprisonment of six (6) months
and one (1) year to six (6) years and/or fine of six (6) thousand pesos by forfeiture of the catch
and cancellation of fishing permit or license.
(f) Fishing in Fishery Reserves, Refuge and Sanctuaries. – It shall be unlawful to fish in
fishery areas declared as fishery reserves, refuge and sanctuaries.
Violation of the provision of this section shall be punished by imprisonment of two (2) years to
six (6) years and/or fine of Two thousand pesos (P2, 000.00) to Twenty thousand pesos (P20,
000.00) and by forfeiture of the catch and the cancellation of permit or license.
(g) Fishing, or Taking of Rare, Threatened or Endangered Species. It shall be unlawful to

fish or take rare, threatened or endangered species as listed in the CITES and as determined by
the Department.
Violation of the provision of this section shall be punished by imprisonment of twelve (12) years
to twenty (20) years and/or fine of One hundred and Twenty thousand pesos (P120, 000.00) and
forfeiture of the catch, and the cancellation of fishing permit.
(h) Aquatic Pollution. – Aquatic pollution as defined in this Code is unlawful. Violation of the
provision of this section shall be punished by imprisonment of six (6) years and one (1) day to
twelve (12) years and/or fined of Eighty thousand pesos (P80,000.00) plus and additional fine of
Eight thousand pesos per day until such violation ceases and fines paid.
(i) Other Violations. – The following fisheries activities shall also be considered as violation
of this Code.
(i.1) Obstruction to Navigation or Flow in any Streams, River or Lake. – It shall be

unlawful for any person who causes obstruction to navigation or flow of water.
(i.2) Construction and Operation of Fish Corrals, Traps, Fish Pens and Fish Cages. – It
shall be unlawful to construct and operate fish corrals, traps, fish pens and fish cages without a
license/permit.
Violation of the above-enumerated prohibited acts shall subject the offender to a fine ranging
from Two thousand pesos (P2, 000.00) to Ten thousand (P10, 000.00) or imprisonment from one
(1) month and one (1 day) to six months, or both such fine and imprisonment, upon the
discretion of the court.
(a) Fishing during spawning season shall be strictly regulated subject to the existing
guidelines of the Bureau of Fishery and Aquatic Resources (BFAR). The Municipal Government
through the Municipal Agriculture Office shall determine when shall be the spawning period of
such fish species within the given area.
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(b) Introduction of exotic fish species. Bringing of exotic fish within the province and into
the Municipality shall be strictly regulated and controlled subject to the existing guideline of the
Bureau of Fishery and Aquatic Resources (BFAR).
(c) Obstruction to Fishery Law Enforcement Officer. – The boat owner, or operator or any
person acting on his behalf who evades, obstructs or hinders any fishery law enforcement officer
of the Provincial and Municipal Government in the performance of his duty, shall be fined Ten
thousand pesos (P10,000.00). In addition, the registration, license or permit shall be cancelled.
Section 106. General Provisions
(a) Fishery Resource Protection and Conservation Fund – The Provincial Government
shall allocate sufficient funds for the implementation of fishery resource protection and
conservation programs and projects.
(b) Infrastructure Support. – The Provincial Government in coordination with the

concerned Municipalities and other national agencies shall:
(b.1) prioritize the construction of farm-to-market roads linking to production sites, landing
points and other post-harvest facilities to major market and arterial roads/highways;
(b.2) identify community infrastructure facilities in consultation with the fishery

cooperatives/associations and prepare plans and designs for their construction that would be
consistent with international environmental standards and occupational safety and environmental
impact;
(b.3) facilitate and represent to the appropriate funding institutions to finance such facilities for
the use of the fishery cooperatives/associations; and
(b.4) develop and strengthens marketing facilities and promotes cooperative marketing
systems.
(c) Persons and Deputies Authorized to enforce the provisions of this Article and Other
Fishery Law, Rules and Regulations. – The Philippine National Police (PNP), law enforcement
officers of the LGUs and other government enforcement agencies, are hereby authorized to
enforce fishery laws, rules and regulations. Other competent government officials and
employees, Punong Barangays and officers and members of the fisherfolk associations who have
undergone training on law enforcement may be designated by the Municipal Mayor as deputy
fish wardens in the enforcement of the provisions of this Article and other fishery laws, rules and
regulations.
ARTICLE VIII
AIR POLLUTION MANGEMENT
Section 107: Operative Principles-The provincial government recognizes that, unless

appropriate proactive measures are in place, the agro-industrial development of the province
would be associated with the production of increased amount of air and noise pollutant thereby
inevitably threatening the health and well-being of the people of Eastern Samar particularly
from the increased utilization of fossil fuels by automotive vehicles and industries. Pursuant to
Section 17, RA 7160, the Provincial Government reaffirms its authority to enforce pollution laws
and take over the testing and apprehension of smoke belching vehicles and abatement of noise
and nuisance in accordance with law.
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Section 108. Vehicle Emission Control-The Governor shall establish a permitting system to
ensure that the emission of vehicles and industries operating within the Province are in
accordance with standards provide under the Presidential Decree No. 1181 entitled “Providing
for the Prevention, Control and Abatement of Air Pollutions from Motor Vehicles and for other
Purposes” if necessary, the Governor shall allocate funds for the acquisition and maintenance of
emission testing equipment.
Section 109. Industrial Pollution Control-The Governor in close collaboration with the DENR
and the SP Committee on Environment Protection and Energy shall ensure that the industrial
firms operating within the province comply with the air quality standards, periodically test the
emission of industrial firms, and establish adequate capability to respond positively to related
citizen complaints on air and noise pollution.
Section 110. Ambient Air Quality and Noise Level Monitoring- When necessary, the
Governor in close collaboration with the DENR and the SP on Environmental Protection and
Energy, shall establish, operate and maintain noise and ambient air quality sampling and
monitoring stations, the result of which shall be released to the public particularly to
communities living near and around emission sources.
Section 111. Information and Education- The Governor shall implement a continuing program
of education and information dissemination on air and noise pollution as an integral part of the
pollution control policy of the provincial government.
Section 112. Industry Group- The Multi-sectoral Water Resources Advisory Board shall
organize industries for the purpose of sharing air pollution reduction and noise abatement
techniques, work as a group with the government and non-government organizations on
pollution and noise minimization and advice the governor on the policy requirements to promote
clean air in the province.
Section 113. Anti-Smoke Belching. The Provincial government through PENRO-LGU shall
launch a campaign against smoke belching in coordination with the DENR, DOTC, DTI and
TESDA. It shall conduct inspection and flagged down vehicles that are found emitting excessive
smoke while traveling public highways. Apprehension and impounding of vehicles are subject to
the existing procedure described in RA 8749.
The Provincial Government shall allocate funds for the establishment of a smoke emission
testing center as well as acquisition of emission testing equipments and maintenance for its
operation.
Section 114. Ban on Smoking. Smoking inside a public buildings, places and utilities or in any
enclosed area except in duly designated smoking area is hereby prohibited under this code
pursuant to the provision of the Clean Air Act of 1999. All LGUs shall conduct intensive
information dissemination on anti-smoking program.
Section 115. Ban on Incineration. Pursuant to RA 8749, otherwise known as The Philippine
Clean Air Act, Incineration within the Province is hereby banned.
Section 116. Acts Prohibited and Punishable under this Code-shall include but not limited to
the following:
Causing, permitting, suffering or allowing the emission of particular matter from any source,
whatsoever, including but not limited to vehicular movement, exportation of materials,
construction and alteration, demolition or wrecking or industry related activities as loading,
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storing or handling without giving reasonable precaution to prevent the occurrence of such
conditions. Neither shall such person cause or permit the discharge of visible fugitive dust
emissions beyond the boundary line of the property from which the emission originates.
Storing , dumping, handling, processing, unloading or using in any process or installation,

volatile compounds or organic solvents without applying known vapor emission control devices
or systems deemed necessary and approved and ordered by the Governor and the appropriate
national government agency.
Operating plant or source at capacities that exceeds the limits of operation or capability of a
control device to maintain the air emission within the standard limitations as provided under
existing national laws, rules and regulations.
Building, erecting, installing or using any article, machine, equipment or other contrivance, the
use of which will conceal emission which would otherwise constitute a violation of any of the
provisions of this Code.
a) Any person to build, erect or install any chimney from or through which air impurities
may be emitted shall obtain a prior approval from the Governor. This requirement shall not apply
for chimney serving a private residence.
b) It shall be unlawful for any operator of a vehicle to allow it to discharge air pollutants at
levels greater than the acceptable concentration standard prescribed by the DENR.
c) Causing, allowing, and permitting discharge of air pollutants that cause or contribute to
an objectionable odor.
d) Building , erecting, constructing, installing, or implanting any new source, operate,
modify, or rebuild an existing source or any means cause or undertake any activity which would
result in ambient noise level higher than the ambient standards. Neither shall such person emit or
cause to emit or suffer to be emitted noise greater in volume intensity or quality than the levels
prescribed by the DENR for tolerable noise without first securing a clearance from the Governor.
e) Causing or permitting the creation of any unnecessary noise through the use of any
device on any street adjacent to any hospital, school, church, or courts of justice.
Section 117. Penal Provisions. Violations of the provisions of Air Pollution Control shall be
subject to the penalties as provided in RA 8749.
(a) Violation of Standards for Motor Vehicles- No motor vehicle shall be registered with the
DOTC unless it meets the emission standards set by the DENR as provided under the provision
of RA 8749.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not
limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission
testing center. For this purpose, the DOTC or its authorized testing center shall establish a
roadside inspection system. Should it be shown that there was no violation of emission
standards; the vehicle shall be immediately released. Otherwise, a testing result indicating an
exceedance of the emission standards would warrant the continuing custody of the impounded
vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the
DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to
make the necessary repairs so as to comply with the standards. A pass shall herein be issued by
the DOTC to authorize the use of the motor vehicle within a specified period that shall not
exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle.
The owner/operator of the vehicle shall be required to correct its defects and show proof of
compliance to the appropriate pollution control office before the vehicle can be allowed to be
driven on any public or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on
pollution control management conducted by the DOTC and shall also suffer the following
penalties:
(a.1) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
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(a.2) Second Offense - a fine not less than Two Thousand Pesos (P2, 000.00) and not to exceed
Four Thousand Pesos (P4, 000.00); and
(a.3) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a
fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos
(P6,000.00).
Any violation of the provisions of Sec. 21, paragraph (d) of RA 8749 relative to national
inspection and maintenance program, including technicians and facility compliance shall be
penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of
license of both the technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions
testing and apprehensions shall undergo a mandatory training on emission standards and
regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine
National Police (PNP) and other concerned agencies and private entities shall design a training
program.
N
NUUIISSA
ANNC
CEE
Section 118. Operative Principle. This Article applies to all forms of nuisance as defined
under the Civil Code and other pertinent laws
Section 119. Types of Nuisances- For the purpose of this Article, the following shall be
considered nuisances:
(a) Public or private premises maintained and used in a manner injurious to health;
(b) Breeding places and harborages of vermin;
(c) Animals and their carcasses which are injurious to health;
(d) Accumulation of refuse;
(e) Noxious matter or waste water discharged improperly in streets;
(f) Animal stockades maintained in a manner injurious to health;
(g) Excessive noise; and
(h) Illegal shanties in public or private properties.
(i) Any manufacturing process in which lead, arsenic, mercury, phosphorous or other
poisonous substance is used (The use of such chemicals permissible in the practice of pharmacy
and in printing where readymade lead types are used.)
Section 120. Abatement of Nuisance. Any affected persons may file a written nuisance
complaint to the Local Health Officer who in turn shall notify the owner or operator to abate
such nuisance. If the operator or owner fails, neglect or refuses to abate such nuisance within 30
days after such written notification or within a shorter time prescribed by the Local Health
Officer, the latter shall prohibit such nuisance or provide measures to prevent such nuisance at
the expense of the owner or operator or person concerned.
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Section 121. Penal Provisions. Violations of the provisions of this Article shall be subject to the
penalties as provided in PD 856.
(a) Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the
rules and regulations promulgated under this Article shall be guilty of misdemeanor and upon
conviction shall be punished by imprisonment for a period not exceeding six (6) months or by
a fine not exceeding P 1,000.00 or both depending upon the discretion of the court.
(b) Any person who shall interfere with or hinder, or oppose any officer, agent or member of
the Department of the bureaus and offices under it, in the performance of his duty as such
under this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to
the premises in the enforcement of the Code, shall be guilty of a misdemeanor and punishable
upon conviction by imprisonment for a period not exceeding six (6) months or by a fine of not
exceeding P 1,000.00 or both depending upon the discretion of the court.
W
WAAT
TEER
R PPO
OLLL
LUUT
TIIO
ONNM
MAAN
NAAG
GEEM
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NTT
Section 122. Operative Principles. This section covers the control and treatment of waste water
from the domestic and industrial sources as provided under Philippine Sanitation Code of 1976
(PD 856) and RA 9275, The Clean Water Act of 2004.
Section 123. Wastewater Disposal System. There shall be an effective waste water disposal
system adopted by every municipalities and barangays to prevent contamination of water sources
and channels, aquifer and other bodies of water.
(a) Public Sewage Disposal System. Every LGU shall maintain a public sewage and sewerage
disposal system which shall cater to the needs of every household and other establishment for
their waste water disposal. In cases that public sanitary sewers may not be available in streets or
lot premises, waste water piping from any of the building shall have its own approved sewage
disposal system. Individual sewage system shall be properly maintained by individuals to avoid
public hazard.
Sewage from commercial buildings shall be neutralized or pretreated. Industrial waste water
shall be discharged directly into the nearest main public sanitary sewers if existing in the
municipality or city. Sewerage as its system of operation shall be in accordance with the
provisions of Sanitation Code of 1976 and Clean Water Act of 2004.
(b) Septage and Sewage Disposal System. Every household or building structure whether
publicly or privately owned for construction shall have its own approved plan and design in
accordance to standard specification for septic tank water disposal and sewage disposal system
which plan, type and design shall be approved by a Registered Sanitary Engineer or a
Registered Master Plumber and shall be connected to public sanitary sewerage system.
(c) Sewage Treatment Plants. Every LGU and industrial establishments shall establish a
sewage treatment plant capable of treating the waste water discharge for public safety.
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(d) Drainage. The LGU shall establish, improve and maintain a drainage system in all
inhabited areas to promote hygiene and sanitation pursuant to PD 856.
Industrial establishments shall be required to establish and maintain drainage system within their
establishment site to safeguard public health within the locality.
Section 124. Collection, Handling, Transport, Treatment and Disposal of Domestic Sludge
and Septage. Public and private operators engaged in the collection, handling, transport,
treatment and disposal of domestic sludge from cesspools, communal septic tanks, imhoff tanks,
domestic sewage treatment plants/facilities and septage from household septic tank shall strictly
adhere to the standard operating procedures as prescribed under implementing rules and
regulations of Sanitation Code of 1975.
(a) Domestic Sludge and Septage Treatment. Pursuant to the existing laws, it is mandatory
that septage and domestic sludge shall be treated prior to its disposal.
(b) Septage and Domestic Sludge Collection and Transport. Collection and transport of
septage and domestic sludge shall be done in a sanitary manner to avoid health hazard to the
general public.
(c) Waste Collector Truck. A sanitary truck collector shall be used in the transport of septage
and domestic sludge to the sanitary landfill site for disposal. Said collector truck should be
acquired/built in accordance with the standard design and specification of its usage and must be
leak proof and body locked.
Section 125. Pollution Control Officer. Upon the effectivity of this Code, the Provincial
Governor shall appoint or designate a Pollution Control Officer in the Province to effectively
enforce the National Pollution Control Decree of 1976, otherwise known as the PD 894. Such
duties and functions shall carry out both national and local policies for the protection and
maintenance of a sound environment for the public.
Section 126. Penal Provision. Violations of the provisions of this Article shall be subject to the
penalties as provided for in PD 856, otherwise known as the Code of Sanitation of the
Philippines. Include all the penalties under said law.
ARTICLE IX
ECOTOURISM
Section 127. Operative Principles-Pursuant to Article II, Section 16 and Article XII, Section 1
of the Constitution and Presidential Executive Order No.120, the provincial government shall
adopt ecological tourism as a major strategy for the conservation of biological diversity and
preservation of the unique natural and cultural heritage of the Eastern Samarenos, creation of
local employment opportunities and generation of revenues. It shall be the priority of the
provincial government to ensure equitable distribution of benefits from the utilization of our
heritage and, as such, there is hereby establish a system of local community entrepreneurship in
the operation and management of ecotourism sites.
Section 128. Community-Based Ecotourism-The Governor and City/Municipal Mayors shall

adopt adequate measures to ensure that local communities within ecotourism sites are not
deprived of opportunities for gainful livelihood and generation of revenues. For this purpose, the
City/Municipal Mayors and Barangay Councils are hereby encouraged to enact appropriate
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legislations, such as but limited to, the regulation and control of the number of proper visitor
services, amenities and facilities, site protection and law enforcement.
Section 129. Authorized and Unauthorized Ecotourism Sites- In order to regulate the
ecotourism industry in Eastern Samar, protect heritage resources and site destinations from
adverse impact, maintain favorable visitor services and facilities, and secure the well being of
local residents and visitors, the Governor in coordination with the concerned Mayor, Department
of Tourism, Department of Environment and Natural Resources, and other concerned national
government agencies and instrumentalities shall from time to time, determine, authorize and
prescribe ecotourism sites for visitation and/or development, as the case may be. The Governor
shall, in the same manner as ecotourism sites are determined, submit to the Sangguniang
Panlalawigan his legislative agenda for this purpose.
Section 130. Ecotourism Plan Review-Within one (1) year from the effectivity of this Code, the
Governor shall together with the concerned Mayors, National Government agencies, non-
government organization and private sector representatives, review existing Provincial
Ecotourism Development Plans, if any for the following purposes:
a) Prioritize ecotourism zones and areas for development in consideration of market
potential, infrastructure investment requirement, and economic viability, strategic position for
tourism expansion, community participation, and environmental rehabilitation advantage. Such
prioritized zones shall be subject to the approval of the Governor who, in turn, shall issue the
appropriate directive for the purpose.
b) Determine the appropriate type of development and management for each of the
prioritized areas. The community, private sector, local government or a combination of two or
three entitles operating in a corporate manner may manage the development. Such development
prescription shall be subject to the approval by the Mayor who shall thereby issue the appropriate
directive for the purpose provided, that prior proper consultation with written endorsement of the
concerned barangay chairman has been Satisfactorily complied; provided, further, that in case
the ecotourism site is approved by the mayor having jurisdiction of the area, subject to the
written endorsement of the concerned Punong Barangay.
c) Regulate and control the growth of ecotourism in the province through the establishment
of site-specific framework plans.
Section 131. Preparation of Ecotourism Framework Plans-No ecotourism site shall be

authorized for operation, development or visitation without the prior approval of the framework
plan thereof by the concerned City/Municipal Mayor or Mayors, as the case may be; provided,
that said plan shall be disapproved if and when potential revenues to be generated amount to be
less than ten (10) percent over and above the total estimated city/municipal investments. If
necessary, circulars and guidelines for the preparation of framework plans may be issued,
including the provision of technical/ or financial assistance to the concerned city/municipalities
in the preparation of the plans.
In the minimum, the plan shall indicate the following areas to be developed, type of development
proposed to be undertaken, schedule of development, support facilities and services, a clear
statement of the nature of local community participation and capability building requirements,
institutional arrangements, policy requirements, and an estimate of potential city/municipal
revenues.
Section 132. Incentives-The Governor shall work with City/Municipal Mayors in promulgating
a range of tax and non-tax incentives to investors on ecotourism projects. Priority shall be given
to those infrastructures for the development of the authorized ecotourism sites that require
sizeable investments in supportive infrastructure, services and amenities.
Section 133. Environmental Standards-The Governor shall issue the appropriate circulars
establishing the environmental standards for ecotourism in accordance with the law. The
standards will take into consideration the following:
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a) Standards on air and water quality, noise operating quality and efficiency, and sanitation
as established by the DENR, DOH, DOT, and city/municipal governments, respectively.
b) Environmental aspects critical to the sustainable operation of ecotourism projects such as
waste management, energy and water conservation, maintenance of air quality and noise
minimization, and the use of fossil fuels, polychlorinated bipherryl (PCB), pesticides and
herbicides and hazardous materials.
c) Measures that minimize the use of energy, water and on-site materials
d) Measure that minimize the generation of waste, including reduction, reuse and recycling
of resources being used.
Section 134. Sensitive Areas-The Governor shall issue appropriate directives, circulars,
advisories, for the purpose of regulating visitor behavior in environmentally and culturally
sensitive areas, particularly native forest, caves, dive sites, mangrove areas, ancient churches,
ancestral houses and other sites as determined by the Governor from time to time.
Section 135. Provisions for Accreditation-The Governor shall institute a system of

accreditation of tourist guides, divers escorts, promoters, service providers, and coaches
conveyances, including a system of rules and regulations governing the issuance and renewal of
licenses, and the related fees and charges thereof, for the purpose of establishing and maintaining
a high degree of professionalism, quality service, and warm Eastern Samareno hospitality to
visitors. After one (1) year from the effectivity of the Code, unaccredited and unlicensed guides,
drivers, escorts, promoters, service providers, coaches and conveyances shall be subject to
prosecution for violation of a Provincial Ordinance which shall be enacted for this purpose by
the Sangguniang Panlalawigan.
Section 136. Provincial Tourism Council-The Provincial Tourism Council, now existing is
hereby adopted and affirms.
Section 137. Function of the Provincial Tourism Council-In addition to the existing functions
of the Council; it shall also perform the following:
(a) Coordinate ecotourism promotion, investments, and development activities in the province;
(b) Establish ecotourism performance, development, accreditation, planning investment, and
environmental criteria and standards;
(c) Monitor compliance with ecotourism standards, laws, rules and regulations;
(d) Recommend ecotourism related legislative agenda to the Sangguniang Panlalawigan
(e) Submit regular quarterly written status reports to the Sangguniang Panlalawigan.
Section 138. Acts Prohibited and Punishable under this Code-shall include but limited to
the following: Developing a stream lake, marshland or pond for recreational or commercial
purposes without securing first a permit from the National Water Resources Council and the
Local Government Chief Executive; in addition to an Environmental Compliance Certificate
(ECC) issued by the DENR or the Governor in accordance with existing laws.
ARTICLE X
ENVIRONMENTAL IMPACT ASSESSMENT AND MONITORING
Section 139. Operating Principles-The provincial government recognizes the need for an
effective instrument for ensuring environmental soundness of agro-industrial and ecotourism
projects thereby maintaining a rational and orderly balance between economic growth and
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community development in the province and, as such hereby adopts the Environmental Impact
Assessment (EIS) system provided for under Presidential Decree No. 1586.
Specifically, the following basic processes for ensuring environmental soundness of all
developmental projects as identified under PD 1586 are hereby adopted.
a) Scoping as defined in Section 6(hh) of this Code
b) ETS Preparation and Approval-The stage in the ETS system wherein an environmental
impact assessment (EAI) is undertaken and data are gathered using accepted scientific methods
to clarify key issues and concerns, characterize the environmental setting of the project, predict
the impact of the project on the setting and measure the social acceptability of the project. The
resulting EIA document will be reviewed by the DENR EIA Review Committee and its
comments will serve as basis in reviewing the application for an Environmental Compliance
Certificate (ECC). The ECC may be granted under certain conditions and includes the
implementation of an environmental management plan. As a matter of provincial government
policy and in order to validate the extent of social acceptability of the project as provided in
DENR Administrative Order (DAO) 37, series of 1996, the Governor shall fully exercise his
powers to ensure that a public hearing shall be conducted for all projects defined under PD 1586,
as a precondition to ECC issuance.
Section 140. Functions of the EAI Monitoring Team- The team shall monitor compliance with
project Environmental Management Plans, conditions set by the ECC and permits issued by
DENR to the project, gather relevant information to determine cause of damage and respond to
the public complaints about the project; prepare, integrate and disseminate monitoring status
reports; and undertake community information and education dissemination. Further, the team
shall:
a) Participate in scoping activities
b) Validate scoping sessions, as provided in Section 75 of this Code
c) Participate in the preparation of EIS documents, pursuant to Section 76 of this Code;
d) Review the EIA and IEE consultation and hearing as provided in Section 77 of this Code
e) Participate in the public consultations and hearings, as provided in Section 78 of this
Code
f) Participate in law enforcement, as provided in Section 79 of this Code;
g) Conduct regular inventory of establishments, as provided in Section 80 of this Code.
Section 141. Validation of Scoping Sessions-The Governor through the EIA Monitoring Team
as provided in Section 74 of this code, shall review the documentation of the scoping session and
as required by law, validate its authenticity by signing it. Likewise, The Governor shall assist
EIA in identifying the Stakeholders who would be involved in the scoping sessions.
Section 142. Participation in the Preparation of EIS Document-The Governor, through the
EIA Monitoring Team as provided in Section 74 © of this Code, shall participate in the
preparation of the EIS document by identifying the potentially affected population, assessing the
demand and the needs of the affected population, providing the EIA with the pertinent data,
attending meetings and workshops organized by the EIA, articulating the potential impact which
may affect public interest, and ensuring that the proposed project is consistent with existing
provincial policies and plans.
Section 143. Review of EIA and IEE-the Governor, through the EIA Monitoring Team as
provided in Section 74 (d) of this Code, shall review all the EIA and IEE done on the province.
Upon recommendation of the Team, the Governor may engage the services of experts to validate
the finding of the study or conduct another EIA.
Section 144. Participation in Public Consultations and Hearings-The Governor, through the
EIA Monitoring Team as provided in Section 74 (e) of this Code shall attend public
consultations and public hearings to be conducted by the Provincial Government.
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Section 145. Law Enforcement-The Governor, through the EIA Monitoring Team as provided
in Section 74(f) of this Code shall work together to enforce the law, including the closure of
establishments and projects and the prosecution of offenders.
Section 146. Inventory of Establishments-the Governor, through the EIA Monitoring Team as
provided in Section 74 (g) of this Code, and the DENR shall conduct ascertain whether these
have complied with the IEE as required under this Code and EIA and ECC requirements as
defined by law.
Section 147. IEE Compliance for Projects not Covered by the EIA System-All projects
defined under PD 1586 which are proposed to be undertaken in Eastern Samar, including those
not required by national law to secure ECC and therefore not covered by the EIA System
pursuant to PD 1586 shall be subject to an Initial Environmental Examination (IEE), in addition
to submission of additional environmental safeguards pursuant to DENR Administrative Order
37, series of 1996, provided, that the Governor shall issue a circular identifying those projects
not covered by the EIA System which shall be subject to IEE in accordance with this provision;
provided, further, that the Governor shall also submit his proposed measure for legislative
enactment to the Sangguniang Panlalawigan, including recommendations, for sanctions,
penalties, and /or charges for violation of this provision, within nine (9) months upon effectivity
of this Code.
Section 148. Environmentally Critical Areas-Within nine (9) months upon effectivity of this
Code, the Governor, in close collaboration with the DENR and the SP Committee on
Environment Protection Energy shall identify the location of environmentally Critical Areas
(ECA), as defined in DENR Administrative Order 37, series of 1996 and other national laws for
the purpose of integrating the identified ECA in the provincial physical framework plan.
Section 149. Training-The members of the EIA Monitoring Team shall be required to undergo
training on the different aspects of monitoring work as prescribed by law.
Section 150. Environmental Guarantee Fund-The Governor, through the EIA Monitoring
Team, as provided in Section 65 of this Code, shall participate in the negotiation and review of
the memorandum of Agreement (MOA) between the project developer and concerned parties as
prescribed by law for the establishment of an Environmental Guarantee Fund (EGF) for projects
creating significant public risk.
Section 151. ECC Requirement. Effective upon approval of this code, all projects and
businesses classified as Micro-Business Enterprise whose operation involves the extraction and
utilization of natural resources, including all processing and manufacturing plants which emits or
discharges wastes that causes adverse effect to the environment, registered or not with the
BAMBE, located within critical areas and/or classified as critical projects, shall be required an
Environmental Compliance Certificate (ECC) from the Office of the Governor in accordance
with the existing provision of DAO 30, series of 1992.
By virtue of the said provision, it shall be the duty of every municipal mayor to require every
business permit applicant to secure an Environmental Clearance from the office of the Governor
as a mandatory requirement for the issuance of a business permit. Provided further that those
existing businesses as defined under this section for environmental reasons shall secure the
required environmental clearance for the continuance of its business.
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Section 152. ECC Monitoring and Compliance. The Provincial Government shall organize a
Multi-Partite Monitoring Team composed of PENRO-LGU, MENRO, religious group, civic
group, DENR-EMB, who shall conduct monitoring and evaluation in the compliance of
environmental standards as stipulated under the provision of ECC.
Section 153. Adjudication of Pollution Complaints. Pollution complaints from establishments

mentioned under Section 96 of this code shall be adjudicated according to the rules and
procedures as maybe adopted by the Provincial Government for the resolution of the complaint.
Section 154. Penal Provisions. All businesses mentioned in said section who fail or
intentionally neglect to secure the necessary certificate for its operation upon due notice shall be
liable to pay an amount of P1,000.00 as fine, its business operation shall be subjected to
temporary stoppage and or closure upon observance of due process by the Provincial
Government, as mentioned in the preceding section.
ARTICLE XI
COMPREHENSIVE LAND MANAGEMENT INCLUDING WETLAND
Section 155. Operative Principles-It is hereby required that the preparation of Comprehensive
Land Use Plans (CLUPs) shall, as far as practicable, utilize watershed panning approaches. In
order to arrest further degradation of the environment and natural resources in the province, the
Governor and Mayors of Eastern Samar shall formulate their CLUPs on the basis of
compatibilities between the land capabilities and land use guidelines formulated thereby,
primarily on the basis of land conservation constraints but not in the basis of their productivity or
non-productivity in order to prevent or minimize the recurrence and effects of, among others:
a) Soil erosion, siltation and sedimentation and destruction of critical habitats;
b) Reduction or loss of productivity of agricultural lands;
c) Destruction of city/municipal fishery grounds and decline in fish catches per capita;
d) Unauthorized appropriation of river banks and public easement for residential, commercial,
and industrial use; and
e) Destruction of natural heritage assets due to mining and quarrying activities in unauthorized
areas.
Section 156. Basic Policies-In consideration of the provisions of (a) Republic Act 7586, or
NIPAS Act of 1992, (b) the need to improve the forest cover and (c) the issue circulars or
directives for the purpose of incorporating in the city/municipal CLUPs the corresponding forest
and coastal land use plans, including municipal waters for the management of production and
coastal zones, and protected areas for the production of water, conservation of wildlife, provision
of livelihood opportunities, conservation of biological diversity and natural heritage areas, and
maintenance of forest cover respectively. As such, the Mayors shall actively engage the
cooperation of the DENR in the preparation of their CLUPs.
Section 157. CLUP Formulation-Henceforth, preparation and formulation of comprehensive

land use plans shall be undertaken with full participation of community residents. To achieve this
end, no CLUP whatsoever shall be given due course by the Sangguniang Panlalawigan unless
such CLUP is favorably endorsed on writing through a Resolution of each barangay council and
Municipal Development Council of every municipality before being acted upon by the concerned
Sangguniang Bayan. The Governor upon recommendation by the Provincial Planning and
Development Office shall include a budget request in the Annual Investment Plan as may be
deemed necessary for the provision of technical assistance to city/municipalities in order to
accomplish this provision of the Code.
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Section 158. Compatibility of Provincial, City and Municipal Comprehensive Land Use
Plans-The Governor, upon recommendation of the Provincial Planning and Development Office
and the Provincial Environment and Natural Resource Officer (Provincial ENRO), shall issue
pertinent guidelines for the purpose of rationalizing provincial, city and municipal
comprehensive land use plans.
Section 159. Land Management System
(a) Land Tenure. There shall be a certain limitations, qualifications or restrictions on the
issuance of contract/ownership, where most common forms are leasehold and usufruct, where
possession or occupation is with or without rental.
(b) Land Ownership and Transfer. Any individuals and corporations or associations
legally qualified under Philippine laws can acquire or hold lands of the public domain. Provided,
that only natural born citizens of the Philippines may acquire lands in the country, although those
who have lost their Philippine citizenship may, subject to certain limitations provided by law,
still be a transferee of private lands.
(c) Institutional Arrangement for Land Titling. There shall be a One-STOP-SHOP for
Land Titling in the province in which the Provincial government shall spearhead the program
together with the implementing agencies and provide manpower and appropriate funds for the
operation of the unit under the office of the Provincial Governor to expedite the processing of
issuance of land titles. The implementing agencies (DENR, DAR, NCIP and other concern
agencies) shall organize themselves to act as the coordinating body in the management and
operation of the unit.
All land title applications within the Province of Eastern Samar shall be lodged to the One-Stop-
Shop Office for titling. Said office shall facilitate and speed up the processing of application and
shall be officially received only by the office upon compliance of all the mandatory requirements
set forth by the center.
(d) Land Subdivision – Approval of subdivision plans shall be exercised by the local
government unit as devolved under the Local Government Code (Sec. 447 and 458 and 459,
respectively)
Section 160. Administration of the One - Stop – Shop Land Titling Operation.
Notwithstanding with the mandate promulgated under this Article, all the provisions contained in
the Executive Order No. 02, series of 2006, issued by the Provincial Governor shall ipso facto
form part of this code.
Section 161. Land Survey. The Provincial Government through either the team created under
the One-Stop-Shop, the PENRO-LGU in coordination with the MENRO or through the
engagement of services of the private surveying parties, shall initiate the conduct of cadastral
surveys, lot surveys, isolated and special surveys pursuant to DAO 30-92 with corresponding
regular manpower and equipment with budgetary allocation and other MOOE.
Section 162. Identification of A&D areas through surveys. The PENRO-LGU and the
MENRO in coordination with the Land Management Officer of the DENR shall identify all
Alienable and Disposable Lands within the province through the initiation of surveys.
Section 163. Delineation of Barangay Service Center within Timberland Areas. All
Barangays within timberland areas shall facilitate the delineation of its respective Barangay
service center at a maximum area of fifteen (15) hectares per Barangay, except in areas identified
as watershed and other protected areas including greenbelts and buffer zones where delineation
66
is strictly prohibited. The Barangay concerned shall provide funds for the conduct of surveys
and other related activities.
Section 164. Fund Allocation for Surveys of Political Boundary and Settlement. The
Municipalities and Barangays affected shall initiate conflict settlement and be required to
allocate special funds for the conduct of surveys of political boundary for purposes of settlement.
Section 165. Land Use, Conversion and Zoning
(a) Land Use and Zoning. All 14 municipalities shall have their respective land use and
zoning ordinance incorporating the SAFDZ whenever applicable. Therefore, all land use plans,
zoning ordinances shall be updated every four (4) years or as often as it may deemed necessary
upon recommendation of the HLURB and must be completed within the first year of the term of
office of the Mayor. If the cities/municipalities fail to comply with the preparation of zoning and
land use plans, the DILG shall impose the penalty as provided for under R.A. 7160.
(b) Land Conversion. Conversion may be allowed, if at all, on a case to case basis subject to
existing laws, rules, regulations, executive orders and issuances as well as administrative orders
governing land use conversion.
Section 166. Penal Provisions. Imposition of penalties prescribed herein shall be in accordance
with the Public Land Act, Article XVI, and Section 129, 130, 132 & 133).
(a) Any person who presents or causes to be presented or cooperate in the presentation of any
false application, declaration, or evidence, or make causes to be made or cooperates in the
making of a false affidavit in support of any petitions, claim, or objection respecting lands of the
public domain, shall be deemed guilty of perjury and punished accordingly.
(b) Any person who voluntarily and maliciously prevents or hinders or attempts to prevent or
hinder the presentation of any application for public lands under this act, or who in any manner
attempts to execute acts intended to dissuade or discourage, or aid to dissuade or discourage, the
acquisition of public lands, shall be deemed guilty of coercion and be punished accordingly.
(c) Any person, corporation, association or partnership which, not being qualified or no longer
authorized to apply for public land and the provision of this code, files or induces or knowingly
permits another person, corporation, association or partnership to file an application in his or its
behalf or for his or its interest, benefits or advantage, shall be punished by a fine of not less than
two hundred (P200.00) nor more than five thousand (P5,000.00) pesos or by imprisonment of not
less than two months (2) nor more than five (5) years, or both, in the discretion of the court, and
the application shall be cancelled.
(d) Any person who, without having the qualifications required by this code shall be deceit or
fraud acquire or attempt to acquire lands of the public domain or other real property or any right,
title or interest, or property right of any class to the same, and any person aiding and abetting him
therein or serving as a means or tool therefore, shall upon conviction, be punished accordingly.
(e) Any person found guilty of premature or illegal conversion shall be penalized with
imprisonment of two (2) to six (6) years, or a fine equivalent to 100% of the governments
investment cost or both at the discretion of the court, and on accessory penalty of forfeiture of
the land, any improvement thereon. In addition:
(e.1) cancellation or withdrawal of the authorization for land use conversion; and
(e.2) blacklisting or automatic disapproval of pending and subsequent conversion applications

that they may file with the DA.
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WETLAND MANAGEMENT
Section 167. Operative Principles. This Article shall cover wetlands, made up of complex and
different sensitive and fragile habitat types, namely: open water, flowing water, riverbank,
herbaceous swamp, scrub swamp, peat forest and swamp forest for protection and preservation
including the habitat/vegetation occurs within the proclaimed protected area and its adjacent
surrounding buffer zone consistent with existing national policies, such as RA 7586, known as
NIPAS Act.
Section 168. Revision and Harmonization of Protected Area management Plan. The
Provincial Government through the Environment Code Committee together with the concerned
municipalities, shall revise and harmonize the existing various management and environmental
plans which shall be implemented through a co-management agreement with the DENR and the
Provincial Government.
Section 169. Wetland Protected Area Management Committee. The Wetland Protected Area
management Committee is composed of the Protected Area Management Board (PAMB) of
DENR and the Wetland Development Alliance shall compose the bio-diversity committee under
the auspices of the Environment Code Committee, tasked specifically for the preservation and
protection of protected wetlands within the province.
Section 170. Demarcation and Delineation of Different Zones within Wetland Protected
Areas. The provincial Government and the DENR shall establish a conspicuous ground marking
and delineation within protected the protected area of wetlands, its buffer zones and other
wetlands for purposes of protection, rehabilitation, sustainable use, restoration, habitat
management, multiple use, cultural and recreational use, special use as provided for under RA
7586.
Section 171. Reversion of A and D Areas with Declared Protected Areas into Forestland.
Identified A and D land within the protected area and its buffer zones shall be reverted or
reclassified into forestland in order to preserve the area as part of the ecosystem profile while
protecting its biological importance. The provincial Governor through the PENRO-LGU shall
initiate protest to revert these areas into public land. However, for the mean time, those areas
presently occupied and cultivated shall be governed by a Memorandum of Agreement (MOA)
signed by the DENR, the land claimant and the Provincial Government for the application of an
appropriate land cultivation practices consistent with the management of the protected area and
its biodiversity conservation program.
Section 172. Protection and Rehabilitation of Wetlands. The Provincial Government under a
co-management strategy with the DENR together with the concerned municipal government and
other sectors shall identify the implementation of environmental protection and law enforcement
functions and shall engage in rehabilitation program and related activities for the protection and
preservation of wetlands in the province.
Section 173. Prohibition of occupancy. Upon the approval of this Code, any person shall not be
allowed to establish new settlement or occupation for their own benefits with wetland protected
areas. The municipal and barangay governments in coordination with the key leaders of the
community shall initiate Administrative proceedings for an effective enforcement of this
provision.
Section 174. Organization of Task Force on Wetland Protection. A task force on the
protection and administration of wetland protection is to be composed of the Protected Area
68
Superintendent (PASu) as task force chairman and selected members of the AFP and PNP as
members, shall be nominated by their respective commanders, and utilized as the implementing
arm of the Wetland Protected Area Management Committee.
Section 175. Creation of Protected Area and Warden Officers Position. The concerned
municipalities shall create positions of protected Area Warden Officers under the direct
supervision of MENR Officer, with duties and functions solely for the protection of wetlands.
The provincial government with the PAMB shall initiate capacity building and value orientation
through appropriate trainings, seminars and offsite visits.
Section 176. Issuance of Permit, License and Tenurial Instrument. Permit and licensing for
the prospecting, scientific research for conservation of wildlife flora and fauna and conservation
breeding as prescribed under RA 9147 shall be allowed under this Article provided such
issuances shall be reviewed, evaluated and recommended for approval by the PAMB subject to
the concurrence of the Wetland Protected Management Committee of which PAMB is part
thereof. Existing tenurial instrument within wetlands if there be any shall be governed by the
foregoing provisions.
Section 177. Mono Cropping within Wetland Protected Areas. No portion of the declared
protected area within wetland protected areas may be utilized for mono crop plantation of any
species. Existing plantations may be allowed until their economic life expires, provided the use
of chemicals and other inorganic inputs is strictly prohibited upon the effectivity of this Code.
Section 178. Recognition of Cultural Rights of Local Communities. In pursuant to Republic

Act No. 7160, otherwise known as the Local Government Code of 1991 and Republic Act No.
7586, series of 1997, respectively, the cultural rights of local communities shall be protected and
preserved within the wetland protected area.
Section 179. Fund Support. Subject to Commission on Audit (COA) regulations and existing
laws with regard to allocation of funds, the provincial government, DENR through the PAMB
and concerned municipal governments shall respectively allocate an annual counter parting of
budget for the effective implementation of plans and programs for the protected wetlands.
Section 180. Prohibition and Punishment Acts. The prohibited acts are as follows:
a) Hunting, destroying, disturbing or mere possession of any plant or animal or products
derived therefrom without a permit (specifically authorizing such activity) from the
Board or in the case of local communities without a mutually agreed policy;
b) Dumping or otherwise disposing of any waste products detrimental to the protected area
and other wetlands to the plants and animals or inhabitants therein;
c) Use of any motorized equipment without a permit;
d) Mutilating, defacing or destroying objects of natural beauty or burial grounds, religious
sites, artifacts or other objects belonging to cultural communities;
e) Damaging and leaving roads and trails in damaged conditions;
f) Squatting, mineral exploration, or otherwise illegally occupying any land;
g) Constructing or maintaining any kind of structure, fence or enclosure and conducting any
business enterprise without a permit;
h) Leaving in exposed or unsanitized condition, refuse or debris, or depositing wastes in
bodies or water; and
i) Altering, removing, destroying or defacing boundary marks or sign.
Section 181. Penalties regarding the Abuse of Protected Wetlands. The imposition of
penalties shall be in accordance with Section 71 of the DAO 25, series of 1992, Implementing
Rules and Regulations of the NIPAS Act, RA 7586.
(a). Any person found guilty of any of the offenses enumerated above shall, pursuant to Section
21 of the Act, be fined an amount of not less than five thousand pesos (P5, 000.00) or not more
69
than five hundred thousand pesos (P500, 000.00), exclusive of the value of the item damaged,
or be imprisoned for not less than one (1) year, but not more than six (6) years or both as
determined by the court. The offender shall also be required to restore or compensate for the
restoration of the damage; provided further, that the court shall order the eviction of the offender
from the land and the forfeiture in favor of the government of all mineral, timber or any species
collected or removed including all equipment, devices and firearms used in connection therewith,
and any construction or improvement made thereon by the offender. If the offender is an
association or corporation the president or manager shall be directly responsible for the act of his
employees and laborers; provided finally that, the DENR may impose administrative fines and
penalties consistent with this Act.
ARTICLE XII
BIODIVERSITY MANAGEMENT AND CULTURAL RESOURCE PRESERVATION
Section 182. Operative Principles. This Article covers all protected areas and other potential
diversity hotspots and cultural resources for conservation and protection consistent to the
provisions of RA 9147; RA 7586; RA 8371 and LOI No. 1312.
Section 183. Resource Inventory and Accounting of Significant Sites and Species. The
provincial and municipal governments shall undertake resource inventory and accounting of
significant sites including the flora and fauna species as a tool for management planning. The
PENRO-LGU and MENROs shall actively participate in the conduct of research and other
scientific studies attune to biodiversity protection and preservation.
All resource inventories would be published by the PENRO-LGU in partnership with the
Provincial Tourism Office, Provincial Information Office and other funding agencies.
Section 184. Conservation Breeding and Caring of Wildlife. Consistent to Section 24 of RA

9147, the Provincial Government shall encourage municipal local government units to initiate
conservation breeding, caring and propagation of threatened, rare and endangered wildlife
species in order to enhance their population growth in their natural habitat.
Section 185. Protection of Wildlife Species and Habitat outside Protected Areas. The
provincial government upon the effectivity of this Code shall establish and implement Rescue for
Important Conservation Hotspot (RICH) program to protect and conserve wild flora and fauna
species classified as rare, threatened and endangered and their habitat found outside protected
areas.
(a) Biological importance or the site ecological significance, economic importance,
usefulness to ecosystem, research and other site consideration are the main criteria in choosing
RICH area. The Provincial Government through the PENRO-LGU shall conduct Protected Area
Suitability Assessment over the proposed site.
(b) Other site consideration on ethnic biodiversity whose tradition practice sustains the
ecosystem and ensure maintenance of area diversity and site landscape that features outstanding
natural beauty including caves.
Upon effectivity of this Code, the Provincial Government shall provide personnel management
support to the Department of Environment and Natural Resources-Protected Area Management
Board (DENR-PAMB) for the protection, regulation and conservation of established RICH
projects.
(c) The provincial and municipal governments shall declare identified significant sites as
local protected areas as deemed necessary.
Section 186. Community Awareness on Resources and Environment (CARE). Consistent

with the government effort of raising the awareness of the community in protecting and
preserving the environment and its natural resources, the provincial and municipal governments
70
shall formulate and spearhead awareness program and activities supporting the proliferation of
chosen trees, ornamental flowers, birds and other terrestrial and aquatic species as an officially
adopted species of the municipality under the CARE projects/program.
Section 187. Establishment of Tree Parks and Greenbelt. The provincial, municipal and
barangay local governments shall initiate and set aside regular funds for the establishment,
restoration and maintenance of tree parks, greenbelts and buffer zones within their respective
jurisdictions pursuant to letter of intent- LOI No.1312.
Section 188. Cultural Resource Preservation. The provincial government in accordance with
existing laws shall maintain and protect specific areas within the province of Eastern Samar,
declared and recognized by the provincial government and communities as cultural heritage and
other areas that may be declared as such in the near future such as but not limited to burial site,
prayer ground and other areas which has cultural significance.
(a) Inventory of Cultural Significant Sites. The provincial and Municipal Governments shall
identify all significant sites within their respective domain and conduct inventory and resource
accounting as well as ensure the protection and preservation of said cultural significant sites with
necessary fund allocation.
(b) Preservation of Customs and Traditions. The provincial and municipal governments in
coordination with barangay government shall recognize the customary beliefs and traditions of
local communities and provide support and other forms of assistance in the promotion of such
customs and traditions.
Section 189. Regulation and Control.

(a) Research and other Scientific Studies. Collection and utilization of biological resources
(flora and fauna) for any scientific research and medical studies except for commercial purposes
shall be allowed upon a permit issued by DENR and co-certified by the Provincial Governor.
(b) Transport of Wildlife. Permit issued by the DENR for special purposes within the RICH
areas e.g. fishing, campling and issuance of transport permit of flora and fauna transported
within the country, issuance of gratuitous for non-rare, non-threatened, non-endangered and non-
CITES species of wildlife, permit for breeding purposes, Convention on International Trade on
Endangered Species (CITES) permit, shall be co-signed by the Provincial Governor.
Permit for local transport of wildlife, by-products and derivatives collected or processed through
any legal means may be issued by the DENR and co-signed by the Provincial Governor or his
duly authorized representative unless the same is prejudicial to the wildlife and public health.
(c) Possession of Wildlife (Flora and Fauna). Possession of flora and fauna may be allowed
under a permit issued by the DENR and co-certified by the Provincial Governor provided that
the handler shall signify for the protection and care of said wildlife. Any caught wildlife fauna
shall be surrendered to the DENR or the PENRO-LGU/MENRO.
(d) Entry and Prohibition to certain Areas Declared as Protected Areas. Unless otherwise
allowed in accordance with this Code, it shall be unlawful for any person, groups, associations or
corporations to occupy and inhabit any portion of the areas nationally and locally declared as
protected areas pursuant to R.A. No. 7586, otherwise known as the NIPAS Act of 1992.
(e) Development of Flora and Orchidarium. The regulation of flora outside protected areas
including industries and businesses engaged in their propagation and development of orchidaria
services shall be implemented by the provincial government in pursuant with this Code provided
however, that such businesses shall be registered with the Provincial Government through ENR
Office for monitoring purposes.
(f) Collection and Gathering of Honey and By Products. Collection and gathering of honey
derivatives through burning and other destructive means and harmful methods shall be strictly
prohibited. However, the municipal government in coordination with some local experts shall
determine the appropriate techniques and methods of collection.
Section 190. Collection of Fees for the Use and Benefits of Tree Parks, Green Belts and
other Significant Sites. The LGUs concerned where significant sites are found and located shall
71
enact ordinances to generate revenue for the purpose of maintenance and improvement of tree
parks, greenbelts, buffer zones and other similar sites.
Section 191. Illegal Acts. Consistent With RA No. 9147, The Following Acts Shall Be
Declared Illegal:
(a) Killing and destroying wildlife species, except in the following circumstances;
(i) When it is done as part of the religious rituals of established tribal groups on cultural
communities
(ii) When the wildlife is afflicted with incurable communicable disease;
(iii) When it is deemed necessary to put an end to the misery suffered by the wildlife
(iv) When it is done to present an imminent danger to the life of human being; and it has been
used in authorized research or experiments
(b) Inflicting injury which cripples and / or impair the reproductive system of wildlife
species;
(c) Inflicting any of the following acts in critical habitat(s)
(i) Dumping of waste products detrimental to wildlife;
(ii) Squatting or otherwise occupying any portion of identified critical habitat(s)
(iii) Mineral exploration and /or extraction;
(iv) Burning
(v) Logging and
(vi) Quarrying
(d) Introduction, reintroduction or restocking of wildlife resources without approved permit;
(e) Trading of wildlife without permit;
(f) Collecting, hunting or processing of wildlife, their by-products and derivatives without
appropriate permit;
(g) Gathering or destroying of active nest, nest trees, host plant and the like;
(h) Maltreating and /or inflicting other injuries not covered by the preceding paragraph; and
(i) Frame and patting of wildlife without appropriate permit.
(j) Section 37. Penal Provisions. Imposition of penalties in violation of the succeeding
section shall be in accordance with Section 28 of the Republic Act No.9147, series of 2001.
(a) Imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and / or
a fine of one hundred thousand pesos (P100,000.00) to one million pesos (P1000000.00), if
inflicted or undertaken against species listed as critical.
(b) Imprisonment of four (4) years and one (1) day to six (6) years and / or a fine of fifty
thousand pesos (P50,000.00) to five hundred thousand pesos (P500,000.00), if inflicted or
undertaken against endangered species;
(c) Imprisonment of two (2) years and one (1) day to four (4) years and /or a fine of thirty
thousand pesos (30,000.00) to three hundred pesos (300,000.00), if inflicted or undertaken
against vulnerable species.
(d) Imprison of one (1) year and one (1) day to two (2) years and / or a fine of twenty
thousand pesos (P20,000.00) to two hundred thousand pesos (P200,000.00) if inflicted or
undertaken against other threatened species; and
(e) Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of ten
thousand pesos (P10, 000.00) to one hundred thousand pesos (P100, 000.00), if inflicted or
undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding section, the following penalties
and/or fines shall be imposed.
(f) Imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a
fine of fifty thousand pesos (P50,000.00) to five hundred thousand pesos (P500,000.00), if
inflicted or undertaken against species listed as critical;
(g) Imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of thirty
thousand pesos (P30,000.00) to two hundred thousand pesos (200,000.00), if inflicted or
72
(h) Imprisonment of one (1) year and one (1) day to two (2) years and /or a fine of twenty
thousand pesos (P20,000.00) to two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against vulnerable species.
(i) Imprisonment of six (6) months and one (1) day to one (1) year and /or a fine of ten
thousand pesos (P10,000.00) to fifty thousand pesos (P50,000.00), if inflicted or undertaken
against other threatened species; and
(j) Imprisonment of one (1) month to six (6) months and /or a fine of five thousand pesos
(P5,000.00) to twenty thousand pesos (P20,000.00), if inflicted or undertaken against other
wildlife species;
For illegal acts under paragraph © and (d) of the immediately preceding section, an
imprisonment of one (1) month to eight (8) years and /or a fine of five thousand pesos
(P5000.00.00) to three hundred thousand pesos (300,000.00), if inflicted or undertaken against
species listed as critical;
(k) Imprisonment of two years and one (1) day to four (4) years and /or a fine of five
thousand pesos (P5,000.00) to three hundred thousand pesos (300,000.00), if inflicted or
undertaken against species listed as critical;
(l) Imprisonment of one (1) year and one (1) day to two (2) years and /or a fine of two
thousand pesos (P2000.00) to two hundred thousand pesos (P200, 000.00), if inflicted or
undertaken against endangered species.
(m) Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of one
thousand pesos (P1,000.00) to one hundred thousand pesos (P100,000.00), if inflicted or
undertaken against vulnerable species;
(n) Imprisonment of one (1) month and one (10 day to six (6) months and/or a fine of five
against species listed as threatened species; and
(o) Imprisonment of ten (10) days to one (1) month, and/or a fine of two hundred pesos
(P200.00) to two hundred thousand pesos (P200,000.00), if inflicted or undertaken against other
wildlife species;
For illegal acts under paragraph (f) and (g) of the immediately preceding section, the following
penalties and/or fines shall be imposed;
(p) Imprisonment of two (2) years and one (1) day to four (4) years and a fine of thirty
thousand pesos (P30,000.00) to three hundred thousand pesos (P300,000.00) if inflicted or
undertaken against species listed as critical;
(q) Imprisonment of one (1) year and (one) day to two (2) years and/or a fine of twenty
thousand pesos (P20,000.00) to two hundred thousand pesos (P200,000.00), if inflicted or
(r) Imprisonment of six(6) months and one (1) day to one (1) year and/or a fine of ten
thousand pesos (P10,000.00) to one hundred thousand pesos (P100,000.00) if inflicted or
undertaken against vulnerable species;
(s) Imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of five
against species listed as other threatened species; and
(t) Imprisonment of ten (10) days to one (1) month and /or a fine of one thousand pesos (P1,
000.00) to a fine of five thousand pesos (P5, 000.00), if inflicted or undertaken against other
wildlife species; Provided that in case of paragraph (f), where the acts were perpetuated through
the means of inappropriate techniques and devices, the maximum penalty herein provided shall
be imposed.
For illegal acts under paragraph (h) and (i) of the immediately preceding section, the following
penalties and /or fines shall be imposed;
(u) Imprisonment of six (6) months and one (1) and one (10 day to one (year) and/or a fine of
fifty thousand pesos (P50,000.00) to a hundred thousand pesos (P100,000.00), if inflicted or
undertaken against species listed as critical species;
(v) Imprisonment of three (3) months and one (1) day to six (6) months and/or a fine of
twenty thousand pesos (P20,000.00) to fifty thousand pesos (P50,000.00), if inflicted or
undertaken against species listed as critical species;
73
(w) Imprisonment of one (1) month and one (1) day to three (3) months and/or a fine of five
thousand pesos (P5,000.00) to twenty thousand pesos (P20,000.00), if inflicted or undertaken
against vulnerable species;
(x) Imprisonment of ten (10) days and one (1) month and/or a fine of one thousand pesos
(P1,000.00) to five thousand pesos (P5,000.00), if inflicted or undertaken against species listed
as other threatened species;
(y) Imprisonment of five (5) days to ten (10) days and/or a fine of two hundred pesos
(P200.00) to one thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife
species;
(z) Illegal Occupation of Tree Parks, Recreation Areas and other Protected Areas and
Vandalism Therein. Any person who shall without permit, occupy for any length of time any
portion of the tree parks, recreation and other protected areas or shall, in any manner cut, destroy,
damage or remove timber or any species of vegetation or forest cover and other natural
resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic
value within areas in protected areas, shall be fined not less than five thousand pesos (P5,000.00)
exclusive of the value of the species damaged or an imprisonment of not more than one (1) year;
Provided that if the area requires rehabilitation or restoration as determined by the Local ENR
Officer, the offender shall also be required to restore or compensate for the restoration of the
damage; Provided, further that any person who without proper permit shall hurt, capture or kill
any kind of bird, fish or wild animal life within the protected area shall be subject to the same
penalty; Provided, finally, that the Court shall order eviction of the offenders from the land and
the forfeiture in favor of the government of all timber or any species or vegetation and other
natural resources collected or removed, and any construction or improvement made thereon by
the offender. If the offender is an association or corporation, the president or manager shall be
directly responsible and liable for the act of his employees or laborers.
In the event that an official or employee of a city or municipal government is primarily
responsible for detecting and convicting the violator of the provisions of this section, fifty
percent (50%) of fine collected shall accrue to such municipality or city for the development of
protected areas.
(aa) Destruction of Wildlife Resources. Any person violating the provisions of Section 55 of
PD 705 or the regulations promulgated hereunder, shall be fined not less than one hundred pesos
(P100.00) for each violation and in addition, shall be denied a permit for a period of three (3)
years from the date of the violation (Sec.82 of PD 705); Furthermore, the province shall also
declares illegal and impose penalties on the following acts:
(i) Collection of Bird’s Nest. It shall be unlawful to any person to collect, gather bird’s nest,
locally known as “salag sa sayaw” for all purposes. Any person caught collecting the same shall
be punished with the penalty of imprisonment of one (1) month and /or a fine of not more than
five hundred pesos (P500.00.00);
(ii) Collection of Honey and Its by-products. It shall be unlawful for any person to collect
honey and its by-products using destructive means and harmful methods. Any person violating
the same shall be liable to a fine of five hundred pesos (P500.00.00) and confiscation of said
honey and its by-products.
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Section 192. Operative Principles. This Article covers the promotion of organic fertilizer
through utilization of agricultural wastes and animal manures and the use of biological control
methods to counter pests and diseases using natural predator as medium for prevention.
Section 193. Formulation of Plan. The provincial Government of Eastern Samar through the
Provincial Agriculture Office and in coordination with the Department of Agriculture shall
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formulate Comprehensive Five Year Organic Agriculture Development Program for the province
in partnership with the private sector.
Section 194. Promotion of Organic Fertilizer. Upon the approval of this code, the Provincial
and Municipal Governments through their respective Agriculture Offices shall promote the
application of organic fertilizers in all agricultural and forestry development endeavors, such as
Bio-Nitrogen, Trichoderma and Composting facilities, Vermi-Composting and other rapid
composting technologies pursuant to DA Memo Circular 01, series of 2005, otherwise known as
Philippine National Organic Agriculture Board (PNOAB).
Section 195. Promotion of Biological Control of Pests and Diseases. The Provincial and
municipal governments through their respective Agriculture Offices shall promote biological
control methodologies such as Trichograma and Rhizobium as an alternative means to prevent
pests and diseases.
Section 196. Promotion of Balanced Fertilization “tipid-abono” approach/ zero chemical or

pure organic farming. The provincial and municipal governments through their respective
Agriculture Offices shall endeavor to promote balanced fertilization “tipid-abono” approach
leading to zero chemical agricultural and tree farming.
Section 1967 Establishment of integrated organic-based model farms. The Province through
the Provincial Agriculture Office in coordination with the Department of Agriculture shall
establish integrated organic-based model farms.
Section 198. Institutionalization of viable farmers association/ cooperatives as community

compost and bio-predator producers. The provincial and municipal government through their
respective Agriculture Offices shall facilitate the institutionalization of viable farmers association
and cooperatives as legitimate and capable producers of community compost and bio-predators.
Section 199. Incentives. All provincial and municipal government through their respective
Agriculture Office shall provide incentives to all farmers practicing the organic farming and
biological integrated pest management and shall provide trainings, seminars and other
educational assistance to deserving farmers and beneficiaries.
Section 200. Government Support. The provincial and municipal governments through their
respective Agriculture Offices shall allocate funds to sustain their organic and biological
programs and the maintenance of laboratory facilities of the province, in coordination with the
Department of Agriculture, to enhance the agricultural production as well as the environmental
preservation.
The Provincial and Municipal Governments through their respective Information Officers and
Local Media Practitioners shall conduct intensive information and education drive to promote
and patronize the organic farm products.
ARTICLE XIV
SAFE USE AND HANDLING OF HARMFUL CHEMICALS
Section 201. Operative Principles. This provision covers the safe use and handling of
chemicals harmful to human, animal life and environment, pursuant to PD 1144.
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Section 202. Prohibiting the sale and use of banned and restricted pesticides in the
Philippines. The Provincial Government, in partnership with the Pesticide and Fertilizer
Authority, through the Provincial Agriculture Office shall strictly ban and prohibit the sale and
use of the following chemicals listed:
a. Aldrin
b. Azinphos Ethyl
c. BHC/HCH
d. Chlordimeform
e. Copper Aceto-Arsenite
f. DBCP
g. DDT – containing mosquito coils
h. Dieldrin
i. ADB
j. Elemental Phosphorous
k. Endrin
l. EPN
m. Heptachlor
n. Gophacide
o. Leptophos
p. Mercuric fungicides
q. Methyl Parathion
r. 1-Napthylthiourea (ANTU)
s. Nitrofen
t. Organotin compounds
u. Parathion-ethyl
v. Sodium Fluoroacetamide (1081)
w. Sodium Fluoroacetate
x. Strychnine
y. 2,4,5-T
z. Thalium Sulfate
aa. Toxaphene
Section 203. Restriction for the Use of Harmful Chemicals. The Provincial Government
through the Agriculture Office shall strictly impose the restriction of harmful chemicals in
accordance to its usage:
(a) Specified limitations
(a.1) DDT – all uses cancelled except for malaria control purposes by the Dep’t. of Health
(a.2) Endosulfan – only concentrations of 5% below will be allowed for other uses excluding
use in paddy rice.
(a.3) Monocrotophos – allowed use is for beanfly control on legumes only.
(b) Not for use within 200 meters of aquatic ecosystems
(b.1) Chlordane
(b.2) Endosulfan
Importation not allowed except in cases of emergency as determined by the authority
(c.1) Aldiocarb
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(c.2) Chlorobezilate
For termite control only
(d.1) Chlordane – its use is limited for pre-construction treatment. To be phased out by 31
December 1998. Considered banned onwards.
Too hazardous for general use, for research use only subject to the approval of the Fertilizer and
Pesticides Authority;
(e.1) Phenamiphos – for use in banana and pineapple plantations
(e.2) Etroprop – for use in banana plantations only
(e.3) Methidathion – for use in banana plantations only
(e.4) Inorganic Arsenicals (Arsenic Trioxide)-for use by FPA-accredited wood treatment and
wood preserving plants only
(e.5) Lindane (Gamma/BHC) – the only allowed use to date is on pineapple plantations by soil
pre-plant application
(e.6) Pentachlorophenol – for use in wood treatment only by FPA-accredited wood treating
plants and institutions
(e.7) Paraquat – previously restricted but recently granted new registration status and is now
allowed to be sold in licensed dealers and for use by trained farmers
Fumigants and other chemicals, for use only by certified fumigators – adequate time for aeration
is required after treatment before commodities are processed into food for feed.
(f.1) Methyl bromide
(f.2) Carbon Disulfide
(f.3) Phosphine generating compounds
(f.4) HCN – generating materials
(f.5) Carbon tetrachloride
(f.6) Chloroform
(f.7) Ethylformate
Section 204. Labeling of Chemicals. The Provincial Government through the Agriculture
Office shall imposed strict labeling of harmful chemical consistent to PD 1144, otherwise known
as Fertilizer and Pesticide Authority.
Section 205. Labeling of Chemicals. The Provincial Government through the Agriculture
Office shall impose safe and effective use of harmful chemicals based on the following
information:
Know your biological problem – where the use of pesticide is considered necessary, the user
must first identify the problem before the appropriate measure can be determined.
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(a) Select the correct product – buy the product at the right time, right source and right
condition.
(b) Apply pesticides as directed – read instructions in the pesticide labels.
(c) Wear protective clothing. Avoid exposure
(d) Observe proper hygiene.
Section 206. Safe handling during transport and storage
(a.) Careless transport of pesticides from their sources will lead to high risk of:
(a.1) Exposure of people handling and transporting pesticides

(a.2) Contamination of the environment
(a.3) Contamination of food and feed stuffs
(a.4) Exposure to the general public
(b) Careful consideration must be given in selecting proper storage areas to provide safe
conditions to humans and the environment
(b.1) During Transportation
(b.1.1) Don’t carry pesticides with damaged containers. Leaky containers will cause
contamination.
(b.1.2) Load carefully, keep pesticide products well-secured in transport vehicles
(b.1.3) Keep pesticides away from passengers and livestock
(b.1.4) Pesticides should never be transported in the same loading space as foodstuffs, animal
feeds or other goods intended for human consumptions or use.
(b.1.5) Unload pesticides with care.
(b.2) During Storage
(b.2.1) Keep storage under lock and keep away from reach of children.
(b.2.2) Always make sure that pesticides are stored separately from foods and other feedstuffs.
(b.2.3) Do not store excess products into empty beverages or food containers.
Section 207. Use of personal protective equipment (PPE). The Provincial Government
through the Agriculture Office shall impose the use of protective equipment to ensure human
safety on use and handling of harmful chemicals.
Section 208. Disposal of waste chemicals and empty containers. All chemical wastes and
empty containers shall be disposed in safe manner. On no account must even a small amount of
waste chemicals/spillage be thrown into the surface, drainage systems, and/or any other water
courses.
Section 209. Penal Provisions. Violations of the provisions of this Article shall be subject to
the penalties as provided in RA 6969, mentioned hereunder.
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(a) Criminal Offenses and Penalties:
(a.1) The penalty of imprisonment of six (6) months and one (1) day to six (6) years and one
(1) day and a fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos
(PhP4,000.00) shall be imposed upon any person who shall violate section 13 a) to (c) of this Act
and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be
deported and barred from any subsequent entry into the Philippines after serving his or her
sentence;
(a.2) In case any violation of the Act and this is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager who shall consent
to or shall knowingly tolerate such violations shall be directly liable and responsible for the act
of the employees and shall be criminally liable as a co-principal;
(a.3) In case the offender is a government official or employee, he or she shall, in addition to
the above penalties, be deemed automatically dismissed from office and permanently
disqualified from holding any elective or appointive position.
(a.4) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall
be imposed upon to any person who shall violate section 13 (d) of this Act. If the offender is a
foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines
after serving his or her sentence;
(a.5) In the case of corporations or other associations, the above penalty shall be imposed upon
the managing partner, president or chief executive in addition to an exemplary damage of at least
Five hundred thousand pesos (PhP500,000.00). If it is a foreign firm, the director and all officers
of such foreign firm shall be barred from entry into the Philippines, in addition to the
cancellation of its license to do business in the Philippines;
(a.6) In case the offender is a government official or employee, he or she shall in addition to
the above penalties be deemed automatically dismissed from office and permanently be
disqualified from holding any elective or appointive position.
(a.7) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the Philippines
shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of
the unlawful act and instruments, tools or other improvements including vehicles, sea vessels and
aircraft used in or with which the offense was committed. Chemical substances so confiscated
and forfeited by the Government at its option shall be turned over to the Department of
Environment and Natural Resources for safekeeping and proper disposal.
(a.8) The person or firm responsible or connected with the bringing or importation into the
country of hazardous or nuclear wastes shall be under obligation to transport or send back said
prohibited wastes;
(a.9) Any and all means of transportation, including all facilities and
appurtenances that may have been used in transporting to or in the storage in the Philippines of
any significant amount of hazardous or nuclear wastes shall at the option of the government be
forfeited in its favor.
ARTICLE XV
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Section 210. Operative Principles. This Article covers the conventional energy such as mini
hydro power and coal energy and non-conventional energy such as bio-mass, wind and solar
energy.
Section 211. Research, exploration and development of conventional non-conventional

energy resources. Upon approval of this code, the Provincial Government through the PENRO-
LGU subject to existing prior rights, may explore, and develop the conventional energy
resources such as mini-hydro power. It may also indirectly undertake the same under service
contracts awarded through public bidding concluded through negotiation, with a local or foreign
contractor who must be technically and financially capable of undertaking the operation required
in the service contract; provided, the service contractor shall be paid in an amount based on the
contract obligation expressly stipulated under the terms of reference of the service contract.
Provided further, that the execution of the activities and operation subject of the contract,
including the implementation of the work program and accounting procedures agreed upon, shall
at all times be subject to direct supervision of the Provincial Government through the ESESDC.
The Provincial Government through PENRO-LGU in cooperation with the Department of

Energy may conduct research and exploration of energy resources such as biomass, wind, and
other non-conventional energy resources for possible future development.
Section 212. Area qualified for research and exploration. Service contracts for research and
exploration, as mentioned under this Code, may cover public lands, government reservations
subject to area clearance issued by the DENR-CENRO and co-signed by the Local Government
through PENRO-LGU. Written consent must be secured from the landowner if it is the area
subject for research and exploration is within private lands. In the absence of voluntary
agreement from the private land owner, the Provincial Government or the Municipal
Government may file expropriation proceedings with the proper court.
Section 213. Government Support. The local government units shall extend the necessary
support and assistance to the energy program of the government and likewise encourage all
service agencies of both national and local government units to expedite requests of whatever
form of assistance by the contractors, and provide immediate resolution of the same.
Section 214. Empowering the ESESDC to act as Energy Management and Development
Board. In addition to its powers and functions enumerated in Section 183 of this Code and other
functions and rules protection of the environment notwithstanding thereby, the ESESDC in
cooperation with the RDCD shall exercise the following functions: for the
(a) Formulate and recommend measures for implementation by the Governor, programs or
projects relating to energy research, development, exploration and utilization.
(b) Support, coordinate, supervise, and assist all research, development, exploration and
utilization efforts, programs and projects in non-conventional energy resources if any, among
individual, group, and corporation by any government initiatives to bolster their operations.
(c) Review and recommend for approval of all on-going or planned research, development,
exploration or utilization on non-conventional energy whether basic or applied in nature
including provision of funding support.
(d) Formulate criteria for determining priority for proposed research, development, exploration
and utilization project on non-conventional energy resources.
(e) Recommend project implementations, coordinate and monitor the progress of projects and
activities, on-going or planned projects in the implementation of the province’ energy program.
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(f) Facilitate necessary and appropriate trainings and seminars with the support of e.g. external
training providers for non-conventional energy research, development, and exploration and
utilization skills and recommend qualified personnel in the various aspects of non-conventional
energy which technologies have been proven viable, such as bio-generation from agricultural and
industrial waste, establishment of demonstration systems like solar water dealers, household
electricity, solar air-conditioning and energy plantation.
(g) Assist in the development and recommendation of specific energy related programs with
the support of external service providers, requiring the participation not only of government
agencies and instrumentalities but also the private sector.
(h) Recommend to grant incentives as shall be necessary and appropriate to industries,

enterprises and/or individuals who shall conduct or participate in research and development or
apply currently available non-conventional energy technology to their industrial processes or
homes.
(i) Promulgate such rules and policies as may be necessary to promote and develop the energy
initiative provided under this article.
Section 215. Funding Assistance. The Provincial Government shall allocate annually a total
sum of one hundred thousand Pesos (Php100,000.00) for energy research and exploration
activities. For the success of these activities and in the course of being the counterpart, each
Municipality shall contribute ten thousand Pesos (Php 10.000.00) per year. All together a sum of
two hundred thousand and forty Pesos (Php 240,000.00) will thus be able to be used.
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Section 216 Operative Principles. The provision of this Article shall cover vertical and
horizontal infrastructure projects. All buildings and structures as well as accessory facilities
shall conform to the prescribed environmental standards with all due respect to the principles of
safe construction and decommissioning and must be suited to the purpose for which they are
designed.
Section 217. Construction of Building, Roads, Bridges and Flood Control. The construction
of buildings, roads, bridges, flood control and other structures can f proceed and be implemented
only after securing all the necessary permits and clearances from concerned LGUs, other national
government agencies and from the office of the Governor, consistent with the national building
code, construction specifications and environmental standards.
Construction of roads, bridges and other structures shall be avoided within protected areas and
watersheds for protection and conservation purposes.
Section 218. Establishment of Dust Collector and Facilities. All dust generating processing
plants shall be required to install dust collector devices and facilities to prevent health hazards
and adverse environmental effect.
a) Section 169. Clearing of Structure and Cutting of Trees within Road- Right-of Way
(RROW)
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b) Removal of undisturbed stumps and roots and nonperishable solid objects with a depth of
one (1) meter below sub-grade or slope of embankments will not be required.
c) All trees, shrubs, plants and other objects designated to remain shall be preserved.
d) If perishable materials are burned, constant care should be done to avoid damage to
surrounding vegetation, other adjacent property, or anything designated to remain on the
right of way will not be jeopardized. If permitted, burning shall be done in accordance
with applicable laws, ordinances, and regulations.
e) Materials and debris which cannot be burned and non-perishable materials shall be
buried. Debris shall be placed in layers. Each layer shall be covered or mixed with earth
materials by land-fill methods to fill all voids.
f) Low hanging branches of trees extending over the roadbed designated to remain shall be
trimmed by DPWH to give a clear height of 6 meters (20 feet) above the roadbed.
Trimming shall be done in accordance with the good tree surgery practices.
Section 219. Rehabilitation, Maintenance and Landscaping or Planting of Trees along

Road-Right- of Way. The Barangay concerned shall be responsible for the rehabilitation,
maintenance, and beautification and planting of trees along the national highway.
Active and voluntary participation shall be encouraged to every interested individual who is
willing to plant a tree and be responsible for the maintenance over the same. Such endeavor shall
be recognized by the Government through the office of the MENRO which shall subsequently
issue a tree for a Legacy Certificate as proof of tree planting compliance and as basis for future
tax incentives.
Section 220. Establishment of Strategic Waiting Sheds and Travelers Assistance Center
along National Highway. Concerned Municipal Government in coordination with the
Department of Public Works and Highways shall establish a strategic waiting sheds and
traveler’s assistance center during peak travel season along the national highway for travelers.
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VIIII
COMMON PROVISIONS
ENFORCEMENT AND MONITORING
Section 221. Operative Principles. This title shall be applicable to all Articles mentioned under
Title II of this code.
Section 222. Memorandum of Agreement. All activities related to the enforcement of

environment and natural resources functions, authorities, programs and projects not expressly
devolved to the local government units shall be covered by a Memorandum of Agreement by the
DENR and the Provincial Government for the effective implementation of the mandate of this
code.
Section 223. Program and Project Implementation. The Governor reserves the right to
approve or disapprove any programs and projects to be implemented by any service agencies of
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the national government whenever it is deemed necessary for the protection of the environment
and the general public.
Section 224. Creation of the Provincial Environment and Natural Resources Office - LGU
Notwithstanding the functions prescribed under RA 7160, the PENRO-LGU shall be created,
strengthened and reorganized consistent with the mandates stipulated hereunder:
(a) The PENRO-LGU Office shall be empowered:
(a.1) To initiate and recommend measures in the apprehension, seizure and confiscation of
forest products.
(a.2) In coordination with the DENR, the PENRO-LGU shall implement forest protection and
law enforcement functions such that:
(a.2.1) Apprehension of violators of forest laws, rules and regulations;
(a.2.2) Prevention of forest fire, illegal cutting and kaingin making;
(a.2.3) Confiscation of illegally extracted forest products;
(a.2.4) Initiate filing of cases / complaint to the proper court against environmental violators;
(a.2.) Assist in the prosecution of cases filed against the violators; and
(a.2.) Initiate confiscation, forfeiture and disposition of forest , mineral and other natural
resources products and conveyance equipment and other implements used in the commission of
offense penalized under PD 705 as amended by EO 277, Series of 1987 and other applicable
laws, rules and regulations.
(b) In addition to those functions and authorities that are expressly devolved under RA 7160, the
Local PENR office shall perform additional functions as prescribed under this code,
(c) The established personnel description and competency standard formulated jointly by the
PENRO-LGU and PHRMO shall be integrated and implemented consistent to the functions and
organizational structure of PENRO-LGU Office.
(a) The PENRO-LGU and MENR Office shall be headed preferably by a competent and
qualified Registered Forester or environmental management and other related discipline with
sufficient background and experiences pursuant to the existing provisions of Civil Service rules
and regulations and in accordance with the Local Government Code of 1991.
(b) Permanent creation of the Municipal Environment and Natural Resources Office in every
Municipality in the Province of Eastern Samar with itemized positions, necessary funding and
manpower requirements are strongly encouraged to be enforced and implemented by all the
Municipal Mayors to effectively carry out the functions, programs and objectives of this code.
(c) In support to this mandate, every Barangay shall endeavor to organize their respective
Barangay Environment and Natural Resources Council and allocate funds to support the
activities and functions of the council.
(d) The PENRO-LGU shall establish mechanism / initiative to engage a co-management within
Eastern Samar Marsh administration and other declared protected areas.
(e) The PENRO-LGU shall actively participate in the management and administration of
Eastern Samar River Basin and other NRM related programs and projects.
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(f) All programs and projects of the provincial government related to the environment and
natural resources management shall be implemented by the PENRO-LGU.
(g) The PENRO-LGU and MENRO shall endeavor to identify and initiate declaration of more
protected areas and communal forests.
(h) The Mines and Geo-Sciences Division under PENR-LGU Office may act as secretariat to
the Provincial Mining and Regulatory Board and perform other functions related to mineral
resources utilization and control.
Section 225. The Provincial Administrator in coordination with the PHRMO within six (6)
months after the promulgation of this code shall prepare a re-organizational guidelines and set
standards for the strengthening and reorganization of PENRO-LGU and other offices of the
provincial government as may deem fit for reorganization pursuant to the provision of RA 7160.
Section 226. The provincial and municipal governments shall allocate funds to sustain the
implementation of the environment code.
Section 227. Apprehension/confiscation of illegally transported forest products and mineral

resources shall be subject to the provisions of PD 705 as amended and RA 7942.
Section 228. Monitoring Stations and Checkpoints. All existing checkpoints established
pursuant to SP Ordinance No.12, series of 2004, shall be adopted and be given more powers and
functions based on the following standards.
Team Leader of the Checkpoints shall be appointed by the Governor preferably a Licensed
Forester with competent skills in forest economics and wood identifications;
Be empowered to apprehend, seize and issue seizure receipt;
File appropriate complaints and to deliver the seized products including its conveyances and
other equipments used in the commission of the crime to the proper authorities authorized by law
for its disposition;
Provide feedback to the Governor and submit weekly report copy furnish the PENRO-LGU, and
Initiate measures that will identify unscrupulous smugglers of forest and other mineral products.
Section 229. Sharing Scheme on Fines Collected from Penalties. The sharing of fines
collected shall be 40% for the provincial government, 30% for the municipality and 30% for the
barangay.
Section 230. Rewards to Informants. Any person who can provide information to the office of
the Provincial Governor that leads to the apprehension and confiscation of the illegally cut,
gathered, removed, possessed or transported forest and other natural resources products in
violation of this code and applicable provisions of the national laws, shall be rewarded in the
amount not less than twenty percent (20%) of the gross proceeds derived from the sales of the
said confiscated forest and other natural resources products.
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XVIII
RESEARCH DEVELOPMENT AND ENVIRONMENTAL AWARENESS PROMOTION
Section 231. Operative Principles. This Article covers research and promotional activities
relating to the implementation of the Province’ Environment and Natural Resources
development, protection, utilization and sustainability.
Section 232. Natural Resource Data Base System. The Provincial Government and the
Municipalities shall establish a Natural Resource Data Base System in their respective local
government units. The MENR Officer and Municipal Planning Office in coordination with
DENR shall endeavor to have an updated data on mineral resources, timber plantation, major and
minor forest products and other natural resources presently available within their jurisdiction.
Section 233. Research and Development Programs. The Provincial Government through the
PENRO-LGU shall conduct researches and various scientific environment and natural resources
related studies for the present use and future advancement of technologies that will lead to the
formulation of an effective plan and strategies for the development, protection, and conservation
of the province’ environment and natural resources, including promotion of wise use and
utilization of its by-products and derivatives, such as but not limited to the following:
(a) Plant species and site suitability/ matching

(b) Silvicultural practices
(c) Cloning technology
(d) Maximum utilization of wood products and wood wastes
(e) Management in-placed over watersheds and other protected areas
(f) Resources valuation and accounting
(g) Cultural resource identification and preservation, and
(h) Other related researches and studies which shall contribute to the protection and
sustainability program of the forest and other natural resources of the province.
(d) Solid Waste Management
Section 234. Resource Valuation. Resources valuation shall be an integral part of any programs
and projects to be implemented within the province and shall always be the primary
consideration in planning and policy formulation.
Section 235. Environmental Awareness and Advocacy. The Provincial and Municipal
Governments in pursuit of its conservation and awareness program shall;
(a) Promote environmental advocacy to all sectors, public and private schools and institution in
coordination with the DepEd and CHEd. The provincial school board shall be tasked to make
official representation to include the environmental awareness among the regular subject of the
school curricula at all levels.
(b) Top the media institutions, personalities, civic and other environmental groups in the
promotion of environmental advocacy.
(c) Conduct periodic educational campaign and extension services to all Barangays within its
territorial jurisdiction;
Section 236. Budgetary Allocation on Environmental Management Activities under the

Twenty Percent (20%) Development Fund. Subject to the consideration by the Barangay,
municipal and provincial development councils within the province, the Provincial Governor,
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Municipal Mayors and the Punong Barangays and their respective Local Finance Committees
and through their respective Sanggunians, shall, in accordance with the Department of Interior
and Local Government and the Department of Budget and Management (DILG-DBM) Joint
Memorandum Circular No. 01, series of 2005, allocate a portion of their respective 20%
development funds, in the implementation of projects related to environmental management
activities for the programs and projects prescribed hereunder:
a) Construction/rehabilitation of Sanitary Landfill or Controlled Dumpsite and in the procurement

of garbage trucks or related equipments.
b) Community reforestation or urban forestry and greenery program.
c) Flood control programs as project such as de-clogging of canals or desilting of rivers.
Other environmental management programs or projects that promote air and water quality, as
well as productivity of coastal or freshwater habitat, agricultural land and forest land.
In no case shall programs and projects budgetary allocation shall be enacted, implemented
without the appropriate planning and programming on environmental management and related
activities.
Section 237. Allocation of proceeds derived from local fees and charges. The Provincial
Government, Municipalities and Barangays shall allocate at least fifty percent (50%) of their
respective net shares and local collections derived from forest fees and charges, minerals as well
as their respective shares from the national wealth, strictly for the research and development and
conservation programs and projects of the environment and natural resources.
Section 238. Fund Support. The Provincial and Municipal governments shall provide funds
intended for the research and environmental conservation and awareness program which shall
form part of the regular annual budget appropriation.
ARTICLE XIX
EASTERN SAMAR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT

COUNCIL (ESESDC
Section 239. Creation. There is hereby created the Eastern Samar Environment and Sustainable
Development Council (ESESDC) which shall have the following composition:
Section 240. Powers and Functions. The powers and functions of Eastern Samar Environment
and Sustainable Development Council (ESESDC):
(a) Acts as a Review and Recommendatory Body.
(a.1) To review and ensure the implementation of programs and projects relating to the
province’ environment and natural resources shall be in accordance with the existing policies,
laws, rules and regulations presently adopted by the Provincial Government;
(a.2) To recommend and provide directions in the form of policy reforms, programs/projects
and new local legislations that respond to the continuing and emerging issues and charting future
actions related to environmental protection, development and sustainability.
(b) Performs Oversight Functions.
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(b.1) To help ensure that there shall be no implementation of programs and projects by the
national government agencies and offices including government owned or controlled
corporations relating to environment and natural resources unless prior consultation with
appropriate local government units, non-government and people’s organization and other sectors
of the community shall be conducted with written consent from the concerned chief executive
and prior approval of the Sanggunian is obtained.
(b.2) As an oversight body, they may act as fact finding commission when authorized by the
governor and shall investigate and initiate to file appropriate charges in proper court against
violators of the provisions of this code.
(c) Management Committee. The ESESDC shall be composed of the following Committees
to operationalizing its activities. These committees shall be composed of a committee chairman
and at least three members who are council members, and shall be appointed by the ESESDC
chairman, viz:
(c.1) Water Resources Management Committee
(c.2) Forest Resources Management Committee
(c.3) Mineral Resources Management Committee
(c.4) Waste Management and Pollution Control Committee
(c.5) Biodiversity Management and Eastern Samar Marsh Committee
(c.6) Engineering and Energy Management Committee
(c.7) Legal and Law Enforcement Committee. The committee shall facilitate legal proceedings
and shall assist in the prosecution of the violators of this code including the filing of appropriate
cases and information to the proper court.
Section 241. Composition. The ESESDC shall be composed of:
a. The Governor as the Council Chairman;

b. The Sangguniang Panlalawigan Committee Chairman on Environment as the Vice-Chairman
c. Non-Government Organizations as the Co-Vice Chairman
d. Representatives from concerned Civil Society Organizations, Government Line Agencies,
Business Sectors, Religious and Civic Organizations as members
Section 242. Meetings. The ESESDC shall meet at least once in every quarter and shall tackle
issues and concerns confronting the implementation of various related programs and projects
pertaining to the development, protection and utilization of the province’ environment and
natural resources. They shall however, have special and emergency meetings as often as the
Chairperson will determine based on official recommendation submitted by the Secretariat.
All decisions made by the ESESDC shall be adopted by a majority vote of all members present
in the meeting duly called for the purpose where there is quorum. However, in the absence of a
quorum, the Chairman may exercise such powers and act to such matters as the exigencies of the
situation may require. A majority of all the members shall constitute a quorum.
Section 243. The Secretariat – Powers and Functions. The Research Development and
Coordinating Division, under the office of the PENRO-LGU, shall serve as THE
87
SECRETARIAT TO THE ESESDC. Additional to the research and development coordinating

affairs mentioned in Section 150 of this code.
ARTICLE XX
FINAL PROVISIONS
Section 244. Mandatory Review. The Sangguniang Panlalawigan shall undertake a mandatory
review of this Code at least once every five (5) years and/or as often as it maybe deemed
necessary, to ensure that all environmental policies and guidelines remain responsive to changing
circumstances.
Section 245. Implementing Rules and Regulations-The Governor, in consultation with the
Sangguniang and upon recommendation of the Provincial Planning and Development Office,
Provincial ENRO, Provincial Tourism Officer, and Provincial Agriculturist shall promulgate the
rules and regulations necessary to implement effectively the provisions of this Code which shall
include all prohibitive acts under this code and providing penalties thereon.
Section 246. Applicability Clause-Provisions in such other laws, provincial ordinances of Leyte
and regulations as they pertain to the subject matters included in this Code and applicable to the
Province are made integral parts of this Code.
Section 247. Reparability Clause-If, for any reason, any part or provision of this Code shall be
declared unconstitutional or invalid by the court, or suspended or revoked by competent
authorities, other parts of the provisions thereof which are not affected thereby shall continue to
be in full force and effect.
Section 248. Repealing Clause- All ordinances, executive orders, proclamations and
administrative regulations, or parts thereof, which are inconsistent with any provision of this
Code are hereby repealed or modified accordingly.
Section 249. Suppletory Clause-On matters not provided for in this Code, existing applicable
laws and their corresponding implementing rules and regulations, executive fiats and relevant
issuances thereon, shall apply in the supplemental manner.
Section 250. Effectivity Clause-This Code shall take effect thirty (30) days from the date of
approval and final publication in a newspaper or / and radio of general circulation at least
regional circulation and posting of copies in conspicuous places in the provincial capitol.
88
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THE EASTERN SAMAR ENVIRONMENT CODE OF 2009

Member, Sangguniang Panlalawigan, Eastern Samar, Philippines

EGIRANI, D.E. (PGC; BSc; MSc; PhD; MSAN; MNMGS; MMAGBNI)

Environment and Natural Resource Consultant

All Rights Reserved

TITLE OF THE ORDINANCE ................................................................................................ 12

Section 1. Title of the Ordinance ........................................................................................... 12

AUTHORITY AND PURPOSE ............................................................................................... 12

Section 2. Authority. .............................................................................................................. 12

Section 3. Objectives and Purposes. ...................................................................................... 13

Section 4. Declaration of Operative Principles. .................................................................... 14

Section 5. Declaration of Policy. ........................................................................................... 15

Section 6. Definition of Terms. ............................................................................................. 15

FOREST RESOURCES ............................................................................................................ 18

Section 7. Operative Principles ............................................................................................. 18

Section 8. Forest Resources Management Framework. ........................................................ 18

Section 9. Greening Eastern Samar. ...................................................................................... 18

Section 10. Arbor Week. ....................................................................................................... 19

Section 11. Development of Production Forests. .................................................................. 19

Section 12. (a) Management of Protection Forest ................................................................. 21

Section 13. Development of Recreation Forest ..................................................................... 21

Section 15. Prior Consent of Sanggunian .............................................................................. 21

Section 16. Annual Investment Plans – ................................................................................. 22

Section 17. Organization ....................................................................................................... 22

Section 18. ............................................................................................................................. 22

Section 19. Government Intervention on Unproductive Lands of Public Domain. .............. 22

Section 20. A Tree for Legacy Program. ............................................................................... 23

Section 21. Certificate of Tree Planting. ............................................................................... 23

Section 22. Silvicultural Practices. ........................................................................................ 23

Section 23. Assisted Natural Regeneration ........................................................................... 23

Section 25. Apprehension, Seizure, Confiscation and Disposition of Illegally

Section 27. Forest Resource Management and Utilization.................................................... 24

Section 28. Utilization Permits within Devolved Project Areas. .......................................... 24

Section 29. Promotion of Value Added Forest Products. ...................................................... 24

Section 30. Co-Management of other Forest Areas. ............................................................. 24

MINERAL AND QUARRY RESOURCES ............................................................................. 27

Section 35. Operative Principles ........................................................................................... 27

Section 36. Management of Mineral Resources. ................................................................... 27

(a) Mineral Resources Development and Management Plan. .......................................... 28

(b) Identification of Potential Source and Unexplored Mineral Resources. .................... 28

(c) Evaluation and Inventory of Mineral Lands/Areas. ................................................... 28

(a) Mining Claims and Mineral Exploration. ................................................................... 28

(b) Mining Operation and Environmental Safety. ............................................................ 29

(c) Quarry Operation. ....................................................................................................... 30

(d) Sand and Gravel Extraction ........................................................................................ 30

(e) Guano Extraction ........................................................................................................ 30

Section 39. Secretariat to the PMRB ..................................................................................... 31

Section 40. Approval of Permit Application. ........................................................................ 31

Section 41. Special Permit. .................................................................................................... 31

Section 42. Mineral Resources Processing. .......................................................................... 31

Section 43. Processors Permit. .............................................................................................. 31

Section 44. Transport of Mineral Resources. ........................................................................ 32

Section 45. Regulatory Provisions......................................................................................... 32

Section 46. Governing Laws ................................................................................................. 32

Section 47. Exploitation of Quarry Resources ...................................................................... 32

Section 48. Monitoring and Evaluation ................................................................................. 33

Section 49. Organization – .................................................................................................... 33

Section 50. Prohibited and Punishable Acts – ....................................................................... 33