Professional Documents
Culture Documents
Province of Bohol
MUNICIPALITY OF CATIGBIAN
SECTION 1. TITLE. The title of this ordinance shall be known No Wearing of Mask Ordinance.
SECTION 2. DECLARATION OF PURPOSE. It is hereby declared that the purpose of this ordinance is
to support the Government efforts against criminalities, especially at the time of the
commission of crime that criminals used to cover their faces and ride on a vehicle for
their immediate exit. It is very difficult for the authorities to identify these criminals, so
it should be a policy that all drivers, motor riders and passengers of all kinds of vehicles
shall be prohibited to wear whatever things that could cover their faces to hide their
identity.
SECTION 4. PROVISION.
It is hereby prohibited that drivers of all kinds of vehicles, owners or passenger type
including motor for hire (habal-habal) or service motor and its passenger thereof from wearing mask,
bonnet and all other forms of cloth to conceal their identity within the jurisdiction of the Municipality
of Catigbian, Bohol.
AFFIRMATIVE:
NEGATIVE: NONE
ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
APPROVED:
Be it enacted by the members of the Sangguniang Bayan of Catigbian, Bohol in session duly
assembled that:
SECTION 4. Funding
The sum of at least Twenty Thousand Pesos (P20,000) shall be allocated/taken from the
General Fund of the Local Government Unit of Catigbian for giving the incentive/award and
certificates to the deserving athletes.
SECTION 5. Repealing Clause. All ordinances inconsistent with this ordinance are hereby
repealed accordingly.
SECTION 6. Effectivity. This Ordinance shall take effect after its approval.
NEGATIVE: NONE
ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
APPROVED:
WHEREAS, Republic Act No. 9003 provides for an ecological solid waste management program, creates
the necessary institutional mechanisms and incentives, declares certain acts prohibited and provides penalties for
violators.
WHEREAS, Section 10 of Republic Act No. 9003 provides that, Pursuant to the relevant provisions of
R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this Act within their respective jurisdiction;
WHEREAS, Section 16 of Republic Act No. 9003 provides, The province, city or municipality, through its
local solid waste management boards, shall prepare its respective 10 year solid waste management plans
consistent with the National Solid Waste Management Framework: Provided, That the waste management plans
shall be for the re-use, recycling and composting of waste generated in their respective jurisdictions: Provided,
further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste
generated within its jurisdiction;
WHEREAS, Section 47 of Republic Act No. 9003 provides that, That local government unit shall impose
fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a solid waste management
plan prepared pursuant to this Act;
WHEREAS, Section 4, rule XIX of the implementing Rules and Regulations (IRR) of republic Act No. 9003
provides that local government units shall be required to legislate appropriate ordinances to aid in the
implementation of Republic Act No. 9003 and in the enforcement of its provisions. That said Section 4 further
provides that specific measure to implement and enforce Section 48 (Prohibited Acts) of the Acts should be
included; provided such ordinances shall be formulated pursuant to relevant provisions of R.A. No. 7160;
WHEREAS, pursuant to Section 16 Republic Act No. 9003, the Municipal Solid Waste Management Board
of Catigbian has prepared the 10 year solid waste management plan of the Municipality of Catigbian and the
same has been duly adopted by the Sangguniang Bayan last November 26, 2002;
ARTICLE 1
General Provisions
Section 1. Title. This ordinance shall be known as the Catigbian Integrated and Ecological Solid Waste
Management Ordinance of 2007
Section 2. Scope of the Ordinance. This Ordinance shall cover all activities involving generations,
segregation, collection, recovery, recycling, disposal and treatment of refuse resources.
This ordinance shall apply to all residential houses, industrial and commercial establishment such as
hotel/pension houses, restaurants, cinema houses, department stores, groceries, institutions like hospitals,
schools, churches, private and public offices, and other establishment of any kind and agricultural areas, parks,
public playgrounds, open spaces and transport facilities.
Section 3. Purpose. This ordinance is enacted for the following purposes:
a) To guide, control and regulate the generation, storage, collection, transport and disposal of solid waste
within the municipality and promote an orderly and sanitary condition of surrounding:
b) To enhance the total improvement and maintenance of the environment of the locality through the
necessary control of the negative environment impacts and effects of solid waste;
c) To promote and protect the health, safety, peace, convenience and general welfare of the people of
Catigbian, Bohol.
Section 4. Objectives. The ordinance intends to achieve the general objectives of an enhanced ecological
balance and public health through sustainable and integrated solid waste management. Specifically, the
ordinance has the following objectives:
Section 5. Declaration of Policies. It is hereby declared the policy of the Municipality to adopt and
implement a comprehensive, integrated and ecological solid waste management program, which shall:
a) Ensure the protection of the public health and environment;
b) Utilize environmentally sound method that maximize the utilization of valuable resources and encourage
conversion and recovery;
c) Ensure proper segregation, collection, transport, storage, treatment and disposal of solid waste;
d) Retain primary enforcement and responsibility of solid waste management with local government units;
e) Institutionalized public participation in the development and implementation of national and local
integrated, comprehensive and ecological waste management program; and
f) Strengthen the integration of ecological solid waste management and resource conservation and recovery
topics into the academic curricula of formal and non-formal education in order to promote environmental
awareness and action among the citizenry;
Section 6. Definition of Terms. For the purposes of this ordinance, the following terms shall have their
respective meaning and definition:
a) Biodegradable all materials that can be reduced into finer composition or refuse resources that
are basically decomposable;
b) Non-biodegradable all waste that are mainly non-biodegradable or do not readily decay;
c) Composting biological degradation under controlled conditions; the process of making
biodegradable into compost by mixing them with soil, water, biological additive and air;
d) Recyclable/reusable all non-decomposable but can still be used or processed such as tin cans,
metals, bottles, glasses, plastic, etc.;
e) Domestic waste is the waste from household which maybe classified as biodegradable or non-
biodegradable
f) Institutions refers to the establishments like hospitals, schools, churches, public and private offices,
and other similar structure;
g) Recycling the re-use, retrieval, re-commission of element matter for any and all purpose necessary
to healthful and productive structure;
h) Solid Waste this include anything thrown away, such as garbage, rubbish, trash, litter, junk, and
refuse from other sources such as house, business, farms or institutions;
i) Special waste special type of waste containing chemical, biological and radiological elements and
materials which are inherently dangerous to human beings or animals including medical wastes like
syringes, etc.;
j) Solid Waste Management systematic control of the generation, storage, collection, transport
separation, processing, recycling, recovery and final disposal of solid waste;
k) Sorting a source the segregation of waste at the point of generation or at the very place where they
are produced into biodegradable, recyclable, toxic and hazardous waste and residuals;
l) Residuals waste that cannot anymore be use or recycled in needs to be disposed properly;
m) Materials Recovery Facility includes a solid waste transfer station or sorting station, drop-off center,
composting facility, and a recycling facility.
ARTICLE 3.
Organizational Structure
Section 7. Solid Waste Management Office There is hereby created a Municipal Solid Waste
Management Office that will serve as the lead office in the implementation of the Municipal Solid Waste
Management Plan.
a) Head Office: Municipal Solid Waste Management Officer
Section 8. Qualification and Compensation of Solid Waste Management Office The Municipal Solid
Waste Management Officer must have a bachelors degree on engineering or other related courses and must have
undergone training on solid waste management.
Section 9. Powers and Functions of the Municipal Solid Waste Management Office The Municipal
Solid Waste Management Office shall serve as the implementation office of the Municipal Solid Waste
Management Plan. It shall have the following powers and functions:
a) Organize waste enforcement team and coordinate with the PNP Environmental Desk
Officer (PEDO) for the implementation of ISWM related ordinances and policies;
b) Coordinate with the assigned agencies and units including NGOs in the conduct of IEC
campaign activities;
c) Monitor and evaluate range of compliances with respect to reduction and segregation at
source, to include backyard composting per barangay;
d) Technical Assistance, logistical and training support to barangay and communities to help
them formulate strategies and plans, and implement, monitor and evaluate SWM project;
e) Formulation, review and refinement of procedures for SWM operations and enforcement,
including coordination with groups and sectors providing support to the SWM program;
f) Formulation review and refinement of incentives command and control system to
reinforce the proper practice of solid waste management;
g) Periodically prepare reports on the performance status and analysis of implementation
and enforcement of solid waste management ordinances;
h) Undertake efficient collection system;
i) Manage the central MRF and provide technical assistance to barangay for the
establishment and operation for their respective MRFs;
j) Take the lead in the house feasibility study, planning, establishment and operation of the
proposed Catigbian sanitary landfill;
k) Manage the proposed hosting of a cluster Sanitary Landfill;
l) Manage and moinitor the ISWM trust fund;
m) Prepare annual work and financial plans.2
ARTICLE 4.
Segregation of Solid Waste
Section 10. Mandatory Segregation of Solid Waste. The segregation of waste shall be mandatory.
Segregation shall primarily be conducted at the source to include household, institutions, industrial, commercial
and agricultural sources.
Section 11. Categories of Solid Waste. Solid Waste shall be segregated into the following categories:
a) Biodegradable
b) Recyclable/reusable
c) Residual
d) Special Waste/medical waste
Section 12. Requirements for Segregation and Storage of Solid Wastes. The source of solid waste as
listed in Section 10 hereof shall have separate containers for each type of solid waste. The solid waste container,
depending on its use, shall be properly marked or color-coded for on-site collection as biodegradable,
recyclable/reusable, residual, or special waste. The containers shall be properly covered, secured or
protected or prevent spillage or scattering of the waste and to ensure its containment. For bulky waste, it will
suffice that the same be collected and placed in a separate container and in designated areas.
The stored segregated waste must be stored within the establishments premises and will be moved out
during the schedule of collection.
The head of any commercial and institutional establishment shall be the one responsible for the proper
solid waste management system within the establishment.
Section 13. Additional Requirement for Premises Containing Six (6) or more Residential Units. The
Owner or person in charge of premises containing six (6) or more residential units shall provide for the residents
a designated area and containers in which to accumulate source separated recyclable materials to be collected by
the barangay or private collector. In addition, such owner or person in charge shall notify the residents or
occupants of such premises of the requirement of segregation.
Section 14. Additional Requirements for all Commercial, Institutional and Industrial Establishments
Including Public Utility Vehicle. The operators, owners or heads of all public utility vehicle, commercial,
institutional, and industrial establishments shall provide a designated area and containers in which to accumulate
source separated recyclable materials to be collected by the
Municipality. In addition, such owner or head shall notify all passengers, workers, employees, and entities
working in the premises of the requirements of segregation. No scavenging or unauthorized collection in
designated segregation containers or areas shall be allowed.
ARTICLE 5
The Municipal Solid Waste Management Plan
Section 15. Incorporation by Reference. The Municipal Solid Waste Management Plan Adopted and
approved by the Sangguniang Bayan last November 26, 2002 is hereby incorporated by reference and made an
integral part of this Ordinance.
Section 16. Implementation. The Municipal solid waste management Plan shall be implemented in
accordance with the implementation strategy and schedule contained in the said Plan. The implementation of the
specific components of the plan is provided in the succeeding articles of this Ordinance.
ARTICLE 6
Source Reduction
Section 17. Receptacles for Solid Wastes. Waste generators shall provide their own waste receptacles in
any form Plastic bags, sacks, empty cans or any containers at the discretion of the owner provided these are
properly labeled and secured.
Section 18. Color-Coding of Receptacles. The required color of the receptacles for each kind of waste
shall be as follows:
Section 19. Number of Receptacles. For purposes of collection, each waste generator shall provide a
receptacle for each type of waste in accordance with the requirements of Section 10 of this Ordinance. In urban
areas, however, for medium-scale business establishments outside the public market, two (2) receptacles shall be
required for the recyclable and residuals/special wastes only. Biodegradable wastes will not be collected but shall
be composted on site. However, for residents and establishment with the inadequate space for composting, they
shall be required to provide three (3) containers to include biodegradable waste for collection. In such case,
additional collection fee for biodegradable collection shall be imposed from the generators. All receptacles shall
be kept within generators respective areas prior to the scheduled collection.
Section 20. Public Market Storage. In the market, three (3) containers shall be required for the
biodegradable waste, recyclable and residual/special wastes of transient vendors and stall operators. Distinctive
marking shall be placed to determine the classification of waste thrown to the receptacles. These shall likewise be
confined inside their area before the scheduled collection.
Section 21. Communal Receptacles. No communal receptacles shall be provided except at the plazas
and public cemetery. The tanods and the War on Waste (WOW) Enforcers shall be tasked to
monitor the proper use and maintenance of the receptacles provided by the local government in the plaza and the
cemetery caretaker shall be responsible for the proper use and maintenance of the receptacles in the area.
Section 22. Bulk Wastes. Households in far-flung areas when bulk collection is not yet possible shall be
required to establish additional receptacles for their residual and special wastes. These wastes shall be secured in
plastic containers before it is dumped into the pit and covered with soil thereafter. The BSWMC shall see to it that
the above requirements shall be enforced and complied with by the local residents.
ARTICLE 7
Establishment of Material Recovery Facility
Section 23. Central Material Recovery Facility (CMRF). A Central material recovery Facility shall be
established in Barangay Candumayao about 1 kilometer from the Municipal hall and shall be operational in the
year 2007. The Central MRF shall accept for processing all recyclable waste from the urban barangays. All types
of waste materials from households, commercial and institutional establishment and public market areas will be
collected and processed.
The CMRF shall have the facilities that include segregation of recyclable waste, a small scale processing,
indigenous product facility, composting facility, storage for residuals and an administrative office.
Section 24. Barangay Material Recovery Facility. The size of the BMRF shall be about 1.5m x 4m or
approximately 6 sq.m. its compartment will each have a dimension of 1.5 m x 1m to accommodate plastic,
paper/cartons, metals and bottles. Separate compartment shall be provided for the residuals and special wastes.
Section 25. Responsibility for establishment. The Municipal Government and the BSWMC shall be
responsible for the establishment, operation and maintenance of the Central materials Recovery facility and
Barangay materials Recovery Facility, respectfully, Provided, however, that the municipal government shall
provide the necessary financial and technical assistance to the barangays in the establishment of its respective
BMRFs.
Section 26. Small Scale Processing. Small scale processing of waste involves the cleaning and washing of
recyclable materials for further recovery and use shall be actively pursued at the Materials Recovery Facility
segregation into saleable and non-saleable items shall be done manually to ensure proper sorting. The recovered
saleable materials shall be sold to junk shops or to other interested direct buyers while the non-saleable materials
shall be accumulated together with the residuals and placed in a specified area for its final disposal.
Section 27. Indigenous Production. The Municipal Materials Recovery Facility may proceed to the
processing of salvageable recyclable into indigenous product. The MSWM Office shall be responsible in
conducting research and feasibility studies to determine viability of possible products that may be derived from
the processing recyclable wastes.
ARTICLE 9
Composting
Section 28. Mandatory Composting. Composting of biodegradable wastes on site shall be mandatory in
every household and small scale establishments in urban areas where there is inadequate backyard space for
composting, segregated biodegradable shall be collected separately for a corresponding fee and brought to the
composting area.
Section 29. Composting facility. Each household and small-scale establishment shall provide its own
compost pit/pile as its own composting facility. The method to be used in composting shall be Vermi composting
or other method.
ARTICLE 10
Collection and transfer
Section 30. Formulation of Collection Schedule. The Municipal Government of Catigbian shall
formulate a collection schedule consistent with the requirements for the implementation of the solid waste
management plan. The collection schedule, as formulated, shall be enforced to encourage local residents and
establishment owners to comply with the mandated segregation and reduction of waste at source.
Section 31. Coverage of collection. Collection services shall cover initially the seven barangay of
Poblacion, Poblacion West, Candumayao, Sinakayanan, Haguilanan, Alegria and Bongbong. In the year 2008,
collection coverage shall already include Barangay Baang. In the year 2009, the entire municipality shall be
covered by the municipalitys collection services to include the other rural barangay for the collection of residual
and specified wastes only.
Section 32. Schedule of Collection. Collection of segregated waste shall be done separately and on
scheduled basis in accordance with the schedule provided below:
Section 33. Time for the Collection of Solid Waste. Placement of waste along the collection route shall
be allowed only during and within a maximum of one (1) hour before the arrival of the garbage truck. Collection
shall be conducted firsts in the public market then to the barangays.
Section 34. Collection of the Recyclable Materials. Only personnel duly authorized by the Solid Waste
Management Committee (BSWMC), a system of collection of the recyclable, including the residual/special
wastes. The ESWM Board through the TWG, shall provide assistance to the barangays in establishing their
collection system.
Section 35. Transfer Station. In the barangays, the barangay collects the residual and special wastes from
the sources to be deposited to the barangay pick-up station, which shall be collected, by the municipal collection
team according to schedule.
Section 36. Collection of Biodegradable Wastes. There will be no collection of waste from rural
barangays, except in the urban households and establishment where backyard composition is not feasible due to
inadequacy of space requirements: Provided that the collection of biodegradable wastes shall have a
corresponding fee.
Section 37. Collection of Unsegregated Garbage. Garbage not segregated shall not be collected and
shall be treated as disposed in violation for the anti-littering law and shall be penalized accordingly.
Section 38. Purchase for Additional Collector Truck. To sustain the collection operations of the
municipality, a procurement program shall be formulated by the ESWM Board to be approved by the
Sangguniang Bayan for the purchase of a new set of collector trucks in the succeeding years.
ARTICLE 11
Disposal
Section 39. Conversion of Open Dump to Controlled Dump. The existing open dumpsite of the
Municipality of Catigbian shall be converted into a controlled dumpsite to be operational by the year 2007 up to
2008 at such time when the Sanitary Landfill shall be operational. Controlled procedures shall consist of
covering the dump area with limestone or any appropriate alternative covering materials and to provide a fence
around the perimeter to control the entry of scavengers and other stray animals. The LGU shall assign personnel
who shall be designated to man and watch over the operation of the facility to ensure that only residuals and
selected waste from the LGU shall be dumped.
Section 40. The Municipality shall enter into Memorandum of Agreement (MOA) with other
municipalities which has established sanitary landfill (SLF) through resolution by the Sangguniang Bayan.
Section 42. IEC program for implementation. The ISWM Board and the TWG shall carry out in intensive
IEC program during the initial two years of plan implementation in order to variously promote waste segregation
and reduction as well as for the orderly collection of guidelines and strategies as contained in the ISWM Plan.
Section 43. Target Audience and Key messages. The information and Education campaign shall major
audiences segmented into residents, market sidewalk vendors, wholesaler, common buyers, customer and the
potential allies or change agents who can help leaders, media entitles, school administrators or teachers, PTA
officers and heads of institutions and NGOs .
Section 44. Development/Production/Distribution of IEC Material. The IEC Committee of the ISWM
board shall develop/produce/distribute/print materials using the local dialect. These shall include leaflets,
billboards, streamers, posters and pres releases. In addition, radio plug and jingles shall be developed/ produced.
Section 45. Creation of Speakers Bureau. The LGU shall create a Speakers Bureau as the implementing
arm of the Boards IEC Committee that shall spearhead the ISWM IEC and advocacy campaign. The Speakers
Bureau shall be composed of representatives from each barangay SWM Committees and shall work closely with
the Municipal Environmental and Natural Resources Office.
Section 46. Conduct of School Based Activities. The LGU, through the ISWM Board, shall work with
the school officials in advocating for effective waste management. SWM activities and concepts shall be
incorporated in the curriculum of local schools to include, among others, topics on impacts of poorly managed
solid waste, importance of waste segregation and reduction of source, the whats, the whys and the hows of re-
sue, recycling, composting and other related matters.
Section 47. SWM IEC Certificate. Commercial and industrial institutions practicing solid waste
management shall be awarded an IEC Certificate of Participation. The certificate shall be a requisite and shall,
thus, the represented when securing or renewing business permit.
ARTICLE 13
Special Waste
Section 48. Special Waste Generators. Generators of Special wastes such as industrial, hospital, clinics
and funeral services shall segregate into biodegradable, recyclable, residuals and special
waste. Four (4) receptacles are required for this kind of establishment. Toxic and hazardous waste shall be stored
in a durable and covered receptacle and shall be collected, transported and disposed of in accordance with the
applicable guidelines, rules and regulations of the Solid Waste Management Office.
Section 49. Performance Monitoring and Evaluation. There shall be Monitoring and Evaluation System
(M & e System) to be established within the Solid Waste Management office for the operation of its environment
programs. The M & E system shall require every unit of the ISWM Office to submit monthly, quarterly and
annual reports in their respective operations to the MENRO Officer, who will then prepare an integrated report of
all unit reports submitted and shall provide an analysis of the data and information contained therein. Of
particular consideration in the analysis shall be on the level of compliance with mandatory requirements of the
law on segregation and waste reduction at source, waste collection efficiency, quantity and types of recycles
brought from other sources to the MRF and the effectiveness and consistency of the IEC campaign, among others.
The MENRO Officer shall submit the integrated report together with the analysis thereof to the ESWM
Board for review and proper endorsement to the Municipal Development Council and the Sangguniang Bayan.
Section 50. In-house Waste Characterization The MENRO, in accordance with the municipal ESW
Board and its TWG, shall prepare/conduct and periodic in-house waste characterization at the disposal site in
order to monitor and determine if there is a significant reduction of waste materials at the end-of-pipe of the
waste stream.
Section 51. Semi-annual assessment Activity The ISWM Office shall facilitate the conduct of a semi-
annual assessment activity to assess, among others, the physical condition of tools and equipment by the local
government in the enforcement and /or implementation of the SWM program, the level of effectiveness in the
implementation of the different SWM operations from waste segregation, collection MRF and up to disposal
including SLF management and the validation of the dated and information contained in the reports submitted to
the MENRO and to the ESWM Board.
ARTICLE 14
Incentive Programs
Section 52. Incentive System The LGU shall adopt an Incentive system to help promote its SWM
program. The incentive system to be adopted shall include, among others the following:
1. Conduct of the annual search for Most Outstanding Barangay in Solid Waste Implementation.
The LGU, through its ISWM Office, shall develop the guidelines for the contest, with criteria
on the four elements of the SWM, namely: Reduction/Segregation at source, collection and
transport, MRF and disposal;
4. Conduct poster, slogan and news writing contest which shall encourage participants from all
ages;
ARTICLE 15
Financing of Solid Waste Management Projects
Section 53. Sources of Funds. The ISWM program shall undertake activities that are expected to
generate revenues. The Revenue generated from the different stages of the project shall be used to partially
finance the cash operating requirements of the SWM program. In as much as these revenues will not be sufficient
to support the planned implementation of the project, funding for the capital and other operating expenditures
shall be taken from the LGUs 20% Development Fund and or other external fund sources.
ARTICLE 16
Procurement of Services, Materials and Equipment
Section 54. System of Procurement. The Procurement to be used in the procurement of services,
materials and equipment for the ISWM program shall extensively follow and adopt the implementing rules and
regulations of Republic Act No. 9184, otherwise known as the Government Procurement Act. The municipality
shall see to it that transparent, competitive and participatory procedures shall be followed in the bidding and
awarding of the contracts and that there will be periodic assessment of the performance of the contractors.
ARTICLE 17
The Municipal Solid Waste Management Fund
Section 55. Establishment of Fund. There is hereby created a Solid Waste Management as a special
account of the municipality of Catigbian a Municipal Solid Waste Management Fund to be administered by the
Municipal Solid Waste Management Board.
Section 56. Management of the Fund. The Municipal Solid Waste Management Board shall develop
pertinent guidelines on the management of the fund: Provided further, that a report on the status of the fund
shall be done in a transparent manner, Provided further, that a report
on the Fund shall be issued annually to ISWM Office by the Municipal Solid Waste Management Board in
collaboration with Commission on audit four (4) months after the end of each fiscal year.
Section 57. Sources of Fund. The Municipal Solid Waste Management Fund shall be sourced from the
following:
a) Donations, endowments, grants and contributions form domestic and foreign sources;
b) The Municipal allocation or share in the fines collected pursuant to Republic Act No. 9003
and its implementing Rules and Regulations;
c) Fees collected from provision of solid waste services such as collection, recycling, and
transport, among others;
d) Sale of recyclable materials and fertilizers;
e) The amount allocated for waste management from the 20% Municipal Development fund.
Section 58. Use of Fund. The Municipal Solid Waste Management Fund shall be used to support the
implementation. These may include activities/projects on the following:
a) Products, facilities, technologies and processes to enhance proper solid waste management;
b) Research activities
c) Information, education, communication and monitoring activities;
d) Capability-building activities
e) Personal services and maintenance and other operating expenses.
Section 59. Criteria for Accessing the Fund. The Municipal Solid Waste Management Fund be availed of
based on the following criteria:
a) The project or activity proposed to be funded shall be based on the Municipal Solid Waste
Management Plan;
b) Only one (1) project per proponent shall be eligible for funding support;
c) A proponent may avail of the Fund once in every three (3) years but not for the same project
or activity;
d) Proponents belonging to the private sector and civil society groups shall be accredited by the
Municipal solid Waste Management Board. The process for accreditation shall be defined by
the Board;
e) Project/activity types under the following categories may be considered.
1. Solid Waste management projects which catalyze investment from the private sector
and/or other investors;
2. Innovative solid waste management approaches
3. Prototyping solid waste management models
Section 61. Process for availing the fund. The Municipal Solid Waste Management Board shall
promulgate the procedure or guidelines for availing the Municipal solid Waste Management Fund. In the
promulgation of such procedures or guidelines, the Board shall consider the general process for availing the local
fund described in Appendixes C of the Implementing Rules and Regulations of Republic Act No. 9003.
ARTICLE 18
Solid Waste Management Fees
Section 62. Monthly Fees. There is hereby imposed a monthly solid waste management services
provided by the Municipality in accordance with the schedule provided hereunder. The fee collected shall form
part of the Municipal solid Waste Management Fund established under this ordinance.
Section 63. Coverage. The solid waste management fees imposed herein shall be collected from all
sources of solid waste covered by the solid waste management services provided by the Municipality.
Section 64. Fees for Institutions. Institutions shall pay a monthly solid waste management fee as
follows:
Section 65. Fees for Industrial Establishments. Industrial establishments shall pay a monthly solid
waste management fee as follows:
Section 66. Fees for Commercial Establishment. Commercial establishments shall pay a monthly solid
waste management fee as follows:
Section 67. Fees for Biodegradable Wastes. In establishments, collection of biodegradable waste shall
have a corresponding fee of P 5.0 per container/receptacle.
Section 68. Manner of Payment/Collection. The Fees imposed herein shall be paid/collected as follows.
a) For institutions fees shall be integrated into the payment of the business permit;
b) For industrial establishment fees shall be integrated into the payment of the permit;
c) For Commercial Establishment fees shall be integrated into the payment of the business
permit.
Section 69. Increase and/or Decrease of Fees. The fees imposed herein shall be subject to increase after 5
years at a rate to be determined and recommended by the ISWM Board subject to the approval of the
Sangguniang Bayan. Any subsequent increase or decrease shall be made through an appropriate ordinance
enacted by the Sangguniang Bayan based on results of assessment or studies conducted for the purpose.
Section 70. Penalties. The following penalties shall be imposed for non-payment of solid waste
management fees:
a) For institutions Payment of the total arrears in fees plus 50% of the accumulated amount as
penalty, including the non-renewal of business permits and the suspension of waste collection
services in case of continued and unjustified refusal to pay;
b) For Commercial/Industrial Establishments payment of the total arrears in fees plus 50% of
the accumulated amount as penalty, including the non-renewal of business permits and the
suspension of waste collection services in case of continued and unjustified refusal to pay.
For late payments, a surcharge of 25% per month of delay shall be imposed.
3) Non compliance with the requirement on the provision of garbage cans or receptacles;
6) Waste placed outside the premises/along the collection route more than an hour before the
arrival of the garbage truck;
7) Throwing or disposing waste and other trashes, used paints or oil at the rivers, caves and
creeks;
9) Constructing pigpens and toilets along riverbanks, streams, springs, and other sources of
waters without a proper septic tank;
17) The mixing of source-separated recyclable materials with other solid waste in any vehicle,
box, container or receptacle used in solid waste collection or disposal;
18) Establishment or operation of open dumps as enjoined in R.A 9003, or closure of said dumps
in violation of Section 37, R.A 9003;
23) Site preparation, construction, expansion or operation of waste management facilities without
an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and
R.A 9003 and not conforming to the land use plan of the LGU;
24) The construction of any establishment within two hundred (200) meters from open dumps or
controlled dumps or sanitary landfills;
25) The construction or operation of landfills or any waste disposal facility on any aquifer,
groundwater reservoir or watershed area and/or any portions thereof.
Section 72. Fines and penalties. The following fines and penalties shall be imposed upon the following:
b) Any person who violates Section 72 paragraphs 12 to 25 (Prohibited Acts under RA 9003) shall be
prosecuted and penalized under and in accordance with the provisions of Republic Act No. 9003.
ARTICLE 20
Procedure
Section 73. Violations under the Ordinance. The following procedure shall be observed in case of
violation of Section 72, paragraphs 1 to 10 (Prohibited Acts under the Ordinance):
Any person caught in flagrante delicto committing any of the prohibited acts mentioned in
paragraphs 1 to 10 of section 72 hereof shall be immediately issued a citation ticket/receipt
indicating an amount, which the offender shall pay by way of compromise settlement. However,
any person found committing acts (s) in violation of paragraph 11 of Section72 be deemed to
have committed the crime of Theft as defined and punished in the Revised Penal Code and shall
be prosecuted immediately in accordance with paragraph 3 hereunder.
3. Prosecution in Court
Any offender who refuses to pay the fine by way of compromise settlement or fails to render the required
community service or those found to have violated paragraph 11 of Section 72 hereof, shall be prosecuted
accordingly in the proper court.
In the event of prosecution, It shall be the duty of the Local Peace Officer, the Deputized ISWM Officer or
any public officer charged with the enforcement of the ordinance violated, as the case may be, to
prosecute the case. Subject to the basic requirements of due process, the proceedings to be adopted by the
court shall be summary in nature in accordance with the Revised Rules in Summary Procedures as
promulgated and adopted by the courts.
Section 74. Violation under RA 9003. For violation of paragraphs 12 to 25 of Section 72 of this
Ordinance, both administrative and civil/criminal proceedings may be instituted:
1. Commercial of Actions
a) Complaint of Violation
Actions shall be commenced by any person or by the local government unit itself, on its own
initiatives through any of its deputized agent, by filling a written complaint, the ISWM Office
within five days upon receipt thereof of the written complaint, the ISWM Office shall determine
whether the complaint is in nature of an administrative, civil or criminal complaint and shall
accordingly make the recommendations relative thereto.
In all cases of violations where the violator is caught in flagrante delicto by the ISWM enforcers of
any authorized enforcement officer, the complaint shall be prepared/accomplished and filed
with the ISWM Office by the apprehending officer himself.
3. Notice to violator
Upon determination of probable cause, the ISWM Officer shall issue a Notice to Sue to the
alleged violator indicating, among other, the type and nature of violation committed and giving
the concerned violator thirty (30) days within which to correct, rectify or cease and desist from
committing the violation complained of.
4. Charge Sheet
In the event that the violator does not take any appropriate action after the lapse of thirty (3)
days and despite being sent with the required notice, the necessary charge sheet shall be filled
before the proper court of competent jurisdiction and before ISWM Board, for civil/criminal and
administrative cases, respectively. The filling of the cause with the regular courts shall be
pursuant to the Revised Rules on Civil/Criminal Procedure.
ARTICLE 21
Appropriation
Section 75. Appropriation. To effectively carry out the implementation of this Ordinance, the sum of
Two Hundred Sixty-Five Thousands Pesos (P 265,000.00) is hereby appropriated form 20% Development fund for
the first year of its implementation. The budget for the subsequent years of implementation, which shall be based
on the Municipal Solid Waste Management Plan, shall be submitted by the Municipal Solid Waste Management
Officer and shall be included in the Annual Budget.
ARTICLE 22
Miscellaneous Provisions
Section 76. Separability Clause. If any provision of this Ordinance or the application of such provision
to any person or circumstances is declared unconstitutional or invalid, the remainder of the Ordinance or the
application of such provision to other persons or circumstances shall not be affected by such declaration.
Section 77. Repealing Clause. All Ordinances, executive orders, rules and regulations or parts thereof,
which are inconsistent with this Ordinance, are hereby repealed or modified accordingly.
Section. 78. Effectivity. This Ordinance shall take effect seven (7) days after a copy hereof is posted in a
bulletin board at the entrance of and in at least two (2) conspicuous places of the Municipal Building and the
Ordinance has been published thrice in a local newspaper of general circulation in the Municipality and after
barangay assemblies has been called to disseminate the implementation and enforcement of this ordinance.
AFFIRMATIVE:
NEGATIVE: NONE
I hereby certify to the correctness of the above-quoted Integrated and Ecological Solid Waste
Management Code of Catigbian, Bohol.
ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
APPROVED:
SECTION 1. This Ordinance shall be called an Ordinance Regulating the flow of traffic along
the municipal streets in barangay Poblacion Weste during all saints day and all souls day within the
territorial jurisdiction of Catigbian, Bohol;
SECTION 2. In order to have safety measures and proper order within the vicinity of the
municipal cemetery during all saints and all souls day, the point of entry shall be San Isidro Street
towards Conception Street while exit shall be Anacleto Omila Street leading to National Highway;
SECTION 3. In order to support and enhance the peace and order situation of the barangay
during all saints day and all souls day, motorcycles for hire are not allowed to park near the cemetery
only private vehicles. However, no vehicles are allowed to park at the entrance leading to the
cemetery;
SECTION 4. Proper and accurate traffic signs shall be posted with trained personnel assigned
in the area to ensure the proper implementation of the this ordinance;
SECTION 6. That all ordinances, rules and regulations inconsistent with the provisions of this
Ordinance are hereby repealed and modified accordingly;
SECTION 7. This Ordinance shall take effect after approval by the Sangguniang Bayan of
Catigbian, Bohol, public hearing and posting of the same in three (3) conspicuous places;
AFFIRMATIVE:
NEGATIVE: NONE
ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
APPROVED:
Sponsored by Councilor Doris Dinorog-Obena, Co-sponsored by Councilor Mariano Maglahus Jr. and
Councilor Nick Nio Ladroma
ARTICLE 1
TITLE, SCOPE, POLICIES, DEFINITION,
STATE OBLIGATION
SECTION 1. Title. This ordinance shall be known and cited as the Catigbian Childrens
Code.
SECTION 2. Declaration of Policy and Principles. The State recognizes the vital role of the
youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
It also recognizes that the children have rights as provided in the United Nations Convention
on the Rights of the Child and other laws.
It believes in a holistic protection and development of all children through a strong partnership
between and among government agencies, NGOs and the private sector, serving with the highest
degree of professionalism and competence in an atmosphere of unity, solidarity and teamwork.
a.) To ensure the protection of children against all forms of abuse and exploitation;
b.) To advocate for childrens rights and promote their welfare and development;
c.) To ensure that childrens right are given priority attention both in government, business,
and civil society;
d.) To improve the quality life of Catigbianon children enabling them to fully develop their
potentials and participate in community life and nation building.
SECTION 4. All Proceedings to be conducted in the Best Interest of the Child. Proceedings
before any authority should be conducted in the best interest of the child. All doubts in the
implementation and interpretation of the provisions of this Code, including its implementing rules and
regulations, shall be resolved taking into consideration the best interest of the Child.
SECTION 5. Participation of the Child. All proceedings before any authority shall be
conducted in a manner which allows children to participate and to express themselves freely.
Participation of children in program and policy formulation and implementation related with
childrens concern shall be ensured by the concerned government agency or local government unit
(LGU).
SECTION 6. Duties and Responsibilities of the State. In accordance with Section 3 paragraph
2 of Article XV of the Philippine Constitution, it is the duty of the State to defend the right of children
to assistance including proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions prejudicial to their development. In accordance with
the United Nations Convention on the Rights of the Child (UN CRC) to which the Philippines is a State
Party, the State shall:
a. Undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognized in the UNCRC. With regard to economic, social
and cultural rights, the State shall undertake such measures to the maximum extent of its
available resources and, where needed, within the framework of international cooperation;
b. Ensure to the maximum extent possible the survival, development, protection and
participation rights of the child;
c. Take all appropriate legislative, administrative, social and educational measures to protect
children from all forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in the care of
parent/s, legal guardian/s or any other person/s who has the care of the child;
d. Assure to the child who is capable of forming his or her own views the right to express
those views freely in all matters affecting the child, the views of the child being given due
weight in accordance with his or her age and maturity;
e. Render appropriate assistance to parents and legal guardians in the performance of their
child-rearing responsibilities and shall ensure the development of institutions, facilities and
services for the care of children.
SECTION 7. Definition of Terms. The following terms used in this Ordinance shall be
defined as follows:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
3. Unreasonable deprivation of his or her basic needs for survival, such as food and
shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his or her growth and development or in his or her permanent
incapacity or death.
c. Intervention refers to a series of activities designed to address issues that caused the child
to commit an offense. It may take the form of an individualized treatment program which
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being;
d. Diversion refers to an alternative process in determining the responsibility and treatment
of children in conflict with the law without resorting to formal court proceedings. Its
mechanisms include conferencing, mediation and counseling as defined and stated in RA
9344 or the Juvenile Justice Law;
Article 2
RIGHTS AND OBLIGATIONS OF THE CHILD
a. Every child shall be entitled to the rights herein set forth without distinction as to
legitimacy, sex, social status, religion, political antecedents, and other factors.
b. Every child shall possess the following rights which are classified into survival,
development, protection and participation rights:
1. Survival rights ensure the childs inherent right to life and to the needs that are most basic
to existence, the rights to a name and to a nationality, the right to identity and those dealing
with parental and governmental duties and obligations,
adequate and decent standard of living, access to basic health care and medical services, social
security, and rehabilitation. The following are the survival rights:
a. Every child has the right to be born well, endowed with the dignity and worth of a
human being from the moment of his or her conception;
b. Every child has the right to a wholesome family life that will provide him or her
with love, care, and understanding, guidance and counseling, and moral and
material security. The dependent or abandoned child shall be provided with the
nearest substitute of a home;
c. Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life.
2. Development rights refer to the rights of a child to education to develop her or his
personality, talents and mental and physical abilities to the fullest extend. These also include
participation in cultural activities, access to appropriate and relevant information, and
opportunities for rest, play and leisure. The following are the development rights:
a. Every child has the right to a well-rounded development of her or his personality to
the end that she or he may become a happy, useful, and active member of society
specifically;
(1.) Every gifted child shall be given the opportunity and encouragement to
develop her or his special talents;
(2.) The emotionally disturbed or socially maladjusted child shall be treated
with sympathy and understanding, and shall be entitled to treatment and
competent care;
(3.) The physical or mentally disabled child shall be given treatment, education
and care required by her or his particular condition;
c. Every child has the right to grow up as a free individual in an atmosphere of peace,
understanding, tolerance, and universal sisterhood/brotherhood, and with the
determination to contribute her or his share in the building of a better world;
d. Every child has the right to education. Primary education must be compulsory and
higher education must be available and accessible to all on the basis of capacity by
every appropriate means. The education of the child shall be directed to:
(1) The development of the childs personality, talents and mental and physical
abilities to the fullest extent;
(2) The preparation of the child for responsible adult life in a free society;
(3) the development of respect for the childs parents, her or his cultural identity,
language and values, and the cultural background and values of others;
(4) The development of respect for the natural environment;
e. Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of her or his leisure
hours.
f. Every child has the right to live in a community and a society that can offer her or
him an environment free from pernicious influences and conducive to the promotion
of her or his health and the cultivation of her or his desirable traits and attributes.
3. Protection rights cover those rights protecting the child from all forms of abuses and
discrimination such as protection from cruelty, torture, arbitrary separation from family, abuses
in the justice and penal system, involvement in armed conflict, child labor, drug abuse, sexual
abuse, and exploitation.
4. Participation rights refer to the childs rights to participate in matters that affect him or her
most by providing all appropriate venues where he or she can express his or her opinions freely
and to have these opinions taken into account, involvement in decision making and a
consultative process, freedom of association and peaceful assembly. The following are the
participation rights:
a. Every child has the right to be provided the opportunity to be heard in any judicial
and administrative proceedings affecting him or her, either directly, or through a
representative or an appropriate body, in a manner consistent with the procedural
rules of national law;
b. Every child has the right to freedom of thought, conscience and religion, subject to
appropriate parental guidance;
c. Every child has the right to freedom of statement. This right shall include freedom to
seek, receive and impart information and ideas of all kinds;
d. Every child has the right to express his or her opinions freely and to have these
opinions taken into account in any matter or procedure affecting him or her;
e. Every child has a right to privacy and shall be protected against unlawful
interference with such privacy, family, home or correspondence, and to unlawful
attacks against his or her honor and reputation.
a. Strive to lead an upright and virtuous life in accordance with the tenets of his or her
religion, the teaching of his or elders and mentors, and the bidding of a clean conscience;
b. Love, respect and obey his or her parents, and cooperate with them in the strengthening of
the family;
c. Extend to his or her brothers and sisters love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
d. Exert his or her utmost to develop his or her potentialities for service, particularly by
undergoing a formal education suited to his or her abilities, in order that he or she may
become an asset to himself or herself and to society;
e. Respect not only his or her elders but also the customs and traditions of his or her people,
the memory of his her peoples heroes, the duly constituted authorities, the laws of the
country, and the principles and institutions of democracy;
f. Actively participate in civic affairs and in the promotion of the general welfare, recognizing
that it is the youth who will eventually be called upon to discharge the responsibility of
leadership in shaping the nations future; and
Article 3
ROLES AND FUNCTIONS OF VARIOUS SECTORS
SECTION 10. The Family. The family is the central unit responsible for the primary
socialization of children which is important in the prevention of childrens rights violations.
Governmental and social efforts to preserve the integrity of the family, including the extended
family, should be pursued.
SECTION 11. Primary Right of Parents. The family has the primary responsibility of
nurturing and protecting children from infancy to adolescence. Introduction of children to the
culture, values and norms of their society shall begin in the family. The parents shall have the
right to the company of their children and, in relation to all other persons or institutions dealing
with childrens development, the primary right and obligation to their upbringing
SECTION 12. Rights Under the Family Code. Parents shall continue to exercise the
rights mentioned in Articles 209 to 2337 of the Family Code over the person and property of
their children.
SECTION 13. Right to Discipline Children. Parents have the right to discipline their
children as may be necessary for the formation of their good character, provided it does not fall
under the prohibited acts mentioned in this Code. Parents may require from their children
obedience to just and reasonable rules, suggestions and admonitions.
SECTION 14. General Duties of Parents. Parents shall have the following general
duties toward their children:
SECTION 15. Separation of Children from their Families. Every effort shall be made to
prevent the separation of children from their families. Whenever children are separated from their
families owing to force majeur or in their own best interest, arrangements shall be made for
appropriate alternative family care or institutional placement, due regard being paid to the desirability
of continuity in childrens upbringing in their own cultural milieu.
Extended families, relatives and community institutions shall be given support to help meet the special
needs of orphaned, displaced and abandoned children. Efforts must be made to ensure that no child is
treated as an outcast of society.
SECTION 16. Role of Women. Women in their various roles play a critical role in the well
being of children. Efforts for the enhancement of womens status and their roles in development must
begin with girl children. The enhancement of the status of women and their equal access to education,
training, credit, reproductive health, and other extension services constitute a valuable contribution to a
nations social and economic development.
To achieve that and to prepare women for their various roles, equal opportunity shall be
provided for the girl children for them to benefit from the health, nutrition, education and other basic
services for their full growth
SECTION 17. Role of Fathers. Fathers play a vital role in their childrens lives, in the
nurturing and rearing of children at home. Policies and legislation shall be enacted and programs shall
be designed and implemented for the inclusion of their critical role. Fathers shall be equally responsible
in the rearing and nurturing of the children in the home and be their role models.
Equal opportunity shall be provided the boy children for them to benefit from the health,
nutrition, education and other basic services for their full growth.
SECTION 18. Role of Educational Institution Educational institutions shall work together
with parents, community organizations and agencies concerned with the activities of children and
youth. Educational institutions shall incorporate into their curriculum a subject on the rights and
responsibilities of children, subject to guidelines set by the Department of Education, (DepEd) and the
Commission on Higher Education (CHED).
SECTION 19. Role of the Mass Media. The mass media shall be aware of their extensive
social role and responsibility, as well as their influence, in communications relating to children. They
should use their power to protect the rights of children by relaying consistent messages through a
balanced approach. Special attention should be given to effective anti-drug awareness campaigns and
delinquency preventions.
SECTION 21. Role of Local Government Units. The local government units (LGUs) shall
come up with comprehensive programs for children and allocate appropriate budgets for their
implementation.
SECTION 22. Role of Local Councils for the Protection of Children. These councils shall, in
addition to their existing duties and functions, coordinate with and assist their corresponding LGUs in
coming up with comprehensive programs for children and be the primary body to oversee the
implementation of such programs.
SECTION 23. Role of the Sangguniang Kabataan. The Sangguniang Kabataan (SK) as
established under the Local Government Code shall, in addition to its power and functions, actively
involve itself in the formulation and implementation of prevention and protection programs in the
community. It shall coordinate with the local councils for the welfare of children for this purpose. It is
encouraged that the SK shall devote at least 50% of its annual budget to prevention programs for the
youth.
Article 4
PROGRAMS AND SERVICES FOR CHILDREN
SECTION 24. Comprehensive Programs for Children. The barangays within one (1) year
from the effectivity of this Code and every three (3) years thereafter, formulate a comprehensive
program for children covering at least a three-year period. Such program shall include prevention,
protection as well as rehabilitation programs for children, and shall emphasize prevention of childrens
rights violations to include prevention of child abuse, juvenile delinquency, drug addiction, and other
childrens problems.
SECTION 25. The Community Approach. The community approach shall be given special
attention in the comprehensive program for children. This involves addressing community-wide issues
and improving the overall environment of the neighborhood in order to prevent violations of childrens
rights through mobilization of human resources within the community, Volunteerism among members
of the community to assist in the implementation of the programs shall be encouraged. Community-
based services and programs which respond to the special needs, problems, interests and concerns of
young persons and which offer appropriate counseling and guidance to children and their families
should be developed, or strengthened where they exist.
The LGU should see to it that the children and youth themselves participate in the formulation,
development and implementation of these programs, particularly in the identification of needs.
SECTION 27. Periodic Review and Assessment of the Comprehensive Childrens Programs.
The Comprehensive Childrens Programs shall be reviewed and assessed yearly by the barangays in
coordination with the local councils for the protection of children. The Programs shall be reviewed by
the Municipal Council for the Welfare of Children as to their effectivity in preventing childrens rights
violations based on the indicators identified in the program. The programs may be modified
accordingly.
a. Primary prevention general measures to promote social justice and equal opportunity
which tackle perceived root causes of childrens rights violations such as poverty and other
forms of marginalization;
b. Secondary prevention measures to assist children who are identified as being more
particularly at risk such as those whose parents are themselves in special difficulty or are
not caring appropriately for them;
c. Tertiary prevention schemes to avoid and prevent childrens rights violations from
happening again.
In all three levels of prevention, official intervention should be pursued primarily in the overall
interest of the young person and guided by fairness and equity.
a. Parenting orientation Courses shall be integrated into the curriculum of all high schools in
Catigbian subject to DepEd rules and regulations.
d. Such course may be also be incorporated in Parent-Teacher Association (PTA) activities for the
school year in the elementary and high school levels.
Implementing guidelines for this provision shall be formulated by the Municipal Council for the
Protection of Children in coordination with the Office of the Civil Registrar within one year from
effectivity of this Code.
The Municipal Council for the Protection of Children and the Office of the Municipal Social
Welfare and development shall initiate the designing of modules for these courses in close coordination
with NGOs with child-focused programs.
2. Health Care
SECTION 30. Primary Health Care. The Municipal government of Catigbian shall implement
primary health care and nutrition programs for children in coordination with the Municipal Health
Office and the Office of the Municipal Social Welfare and Development.
SECTION 31. Promotion of Primary Health Care Programs. The barangay health centers shall
implement the primary health care program. Each barangay health center shall designate a barangay
child health officer to monitor childrens health in the barangay level, with honorarium commensurate
to the task assigned.
To further ensure the implementation of this Section, the Municipal government of Catigbian
shall take appropriate measures:
a. To combat disease and malnutrition within the framework of primary health care through,
inter alia, application or readily available technology and through the provision of adequate
nutritious foods and clean drinking water, taking into consideration the dangers and risks of
environmental pollution;
b. To establish a comprehensive Parents Orientation Development Program which includes
gender-responsive courses on reproductive health, child health and child-rearing
practices in the context of the Filipino psychology;
c. To monitor the full implementation of the Milk Code of the Philippines and advocate for the
prosecution of milk firms which violate such code;
d. To conduct massive information and education on breast-feeding, utilizing existing
reference materials for effective breast-feeding education program.
Integrating information on breast-feeding shall be an integral part of all school curriculums.
SECTION 32. Child and Gender Sensitivity Training for health Workers. All municipal, and
barangay health workers shall be required to attend training courses on child and general sensitivity to
be conducted by organizations duly accredited by the Municipal Council for the Welfare of Children.
SECTION 33. Child - and a Family Friendly Hospitals in Catigbian, Bohol. All hospitals in
the Municipality of Catigbian shall set up child-friendly units to include rooming-in facilities and
pediatric appropriate mechanisms and gadgets. They shall also not deny husbands/partners access
inside the delivery room during delivery of their wives/ partners.
SECTION 34. Program for Children with Special Needs. The municipal government of
Catigbian shall make a specific child-focused and child-specific comprehensive survey on children with
disabilities in the municipality as basis for a more systematic coordination of services (health, nutrition
and education) for the children with special needs.
SECTION 35. Educators and health Professionals Training for the special Program on
Children with Special Needs. A training program for educators and health professional handling
children with disabilities and special need hall form part of the Priority of the municipal government of
Catigbian.
SECTION 36. Under Six Program Framework. The municipal government of Catigbian shall
ensure to the maximum extent possible the survival and development of the child. The Program on
survival and development shall include the following:
a. Monitoring of registration of births and the completion of the immunization series for
prevention of tuberculosis, diphtheria, pertussis, tetanus, measles, poliomyelitis and such
other diseases for which vaccines have been developed for administration to children up to
six (6) years of age;
b. The barangay officials and their barangay-level support systems, may call upon law
enforcement agencies when there is an abused, neglected and exploited child who needs to
be rescued from an unbearable home situation;
c. A Reproductive Health Care Center for pregnant mothers for prenatal and neonatal care
and, in the proper case, for delivery of the infant under conditions which will eliminate or
minimize risks to mother and child: Provided, that high-risk mothers shall be referred to the
proper tertiary or secondary care service personnel or facility and children who are at risk
any condition or illness will be brought thereto for care: Provided further, that hilots
(traditional birth attendants) and barangay health workers are provided the needed basic
training for normal delivery and are trained to recognize high-risk pregnancies which
should be referred to competent obstetrical and pediatric medical care;
d. A barangay level network of assistance from among the adults of the community for the
total development and protection of children;
e. Unstructured combined with structured learning exercises for children under early
childhood education shall be instituted in the day care centers respecting the participation
rights of the child;
f. A pool of trained day care or child development workers with a upgraded salary scheme
commensurate to the tasks assigned to them.
SECTION 37. Population-Based Day Care Center Setting Up. Pursuant to Republic Act 6972
or the Barangay-Level Total Development and Protection of Children Act, day care centers shall be set
up in every barangay in the Municipality of
Catigbian. The number of such centers shall depend on the population level of the children and
how depressed the barangay is as determined by the respective municipal councils for the welfare of
children in coordination with their respective social welfare offices.
SECTION 38. Importance of Day Care Service. Day Care Service addresses the needs in the
crucial stages of a child growth. By the age of five (5), a childs brain has already grown to 90 percent
of its adult weight and much of the way he/she envisions and interacts with the world has been
shaped. Thus, the childs formative years and the care that he/she gets during this period would
significantly affect his/her learning capacity, personal and social interaction well into adulthood.
While parents have the primary responsibility to provide for their childrens physical,
emotional, psychological, mental and social needs, day care service aims to supplement the inability of
some parents to provide their children with proper care and home environment.
a. The local government unit/barangay shall pay for the day care workers (DCW) allowance
and salary. The DSWD shall provide continuing technical assistance to the center.
SECTION 41. Barangay Level Recreational and cultural Facilities and Program. A
barangay-level program for the revival of indigenous games and recreational shall be installed.
Research and documentation of indigenous games and pastimes shall be undertaken by the Center for
Culture and Arts Development (CCAD) of the Municipality of Catigbian. Every barangay in the
municipality shall allocate space for recreational facilities appropriate for different age groups. A year-
round cultural program appropriate for different groups shall be designed with due respect to cultural
diversity. Indigenous games shall be encouraged in various athletic and sports programs of the local
government units.
SECTION 42. Local Childrens Literature. In support of the thrust for the socio-cultural
development of children in the municipality of Catigbian, barangays shall invest in the promotion and
production of local literature for children and other relevant educational materials.
SECTION 43. Other Child-Friendly Facilities. Local government units in partnership with
NGOs and civic organizations are also encouraged to put up and maintain other child-friendly facilities
such as but not limited to libraries, museums, parks and playgrounds.
SECTION 44. October as Childrens Month. In keeping with the mandate of Presidential
Proclamation No. 267 signed on Sept. 30, 1993 declaring the month of October as national childrens
month, the local councils for the protection of children shall conduct child-focused activities for the
month promoting the rights and responsibilities of the people and institutions responsible in ensuring
the well-being Filipino children.
SECTION 45. October 17 of Every Year, as National Childrens Day. Pursuant to Presidential
Proclamation No. 74 dated October 16, 1992 declaring the 17th day of October every year as National
Childrens day to honor Filipino children and to emphasize the importance of their role within the
family and within society, the local councils for the protection of children are mandated to observe
Childrens Day with activities highlighting the rights, roles and responsibilities of children.
SECTION 46. Establishment and Rationale of the Crisis Intervention Center. In recognition
of the special need for protection, assistance and development of children in consonance with the spirit
and letter of the Constitutional provisions and Republic Act No. 7610 mandating the protection against
child abuse, exploitation and discrimination and likewise Republic Act 8505 mandating the
establishment of a crises center in every municipality authorizing the appropriation of funds therefore,
a crisis intervention center shall be established in the municipality of Catigbian. Services of the center
shall not be limited to abused children but shall equally cater to the other vulnerable sectors of society
particularly women.
SECTION 47. Objectives of the Crisis Intervention Center. - The Crisis Intervention Center
shall have the following objectives:
a. To provide temporary shelter and basic services to abused children and women;
b. To network with non-government organizations and government agencies for the provision
of the needed medical, psycho-social and legal services necessary in restoring/building the
self-esteem of its clients;
c. To encourage and build the capacities of abused children and women to come into the open
and pursues cases in court whenever they are ready;
d. To provide life skills and livelihood training to abused children and women while in the
center to enable them to be productive and as a form of therapy;
e. To provide livelihood assistance and placement to abused children and women who are
ready to be reintegrated with their families and communities;
f. To conduct a municipalwide education and advocacy program aimed at raising public
awareness on the evils of child abuse and domestic violence, and a massive information
dissemination on the rights of children and women;
g. To link up with provincial, city and local government entities mandated to formulate and
enforce legislation aimed at the protection of children and women for policy reforms and
enforcement of laws.
SECTION 48. Organizational Structure, Management and Operations of the Center.
a. The Municipal Council for the Protection of Children will formulate the
organizational structure of the center depending on the need for its services;
b. The member agencies of the Municipal Council for the Protection of Children and
other national agencies and NGOs which have pledged support for the center will
sign a Memorandum of Agreement for their commitment of service or resources to
ensure the sustainability of the centers services;
c. The center will be under the supervision of the Office of the Municipal Social
Welfare and Development;
d. The Office of the Municipal Social Welfare and development and the Municipal
Council for the Protection of Children, in coordination with barangays concerned,
shall issue the necessary rules, policies, regulations and guidelines for the effective
implementation of the Programs of the center.
SECTION 49. Budget Allocation for the Crisis Intervention Center Operations and
Maintenance. The municipal government of Catigbian shall provide support for the construction,
maintenance and continued operations of the crisis intervention center by appropriating specific funds
which shall form part of the office of the Municipal Social Welfare and Developments annual
appropriation.
Article 5
SPECIAL CONCERNS
A. Prohibited Acts
SECTION 50. Prohibited Acts. In addition to all acts defined and penalized under Republic Act 7610
ON Child Abuse and Exploitation, Republic Act7658 on Child Labor and pertinent laws, the following
acts shall likewise be punishable:
a. Illegal Recruitment Any person who recruits other persons for work shall be required to
register with and secure a permit from the Office of the Barangay Captain in the place of
recruitment with an undertaking not to recruit children.
There is a presumption of illegal trafficking when a person is found together with three or more
minors not his/her relatives at the pier or port of exit for the purpose of transporting the minors
to another place without any permit from the Barangay Captain.
b. Peonage of Children Offering a child or the services of a child as payment for a debt or in
exchange for a favor, such as but not limited to:
g. Expulsion by Reason of Pregnancy For schools to impose penalty of expulsion against a child
who has complied with all academic requirements by reason of her pregnancy. Schools may
impose any other appropriate penalty which shall be made applicable to both the pregnant girl
and her partner if he also enrolled in the same school;
h. Refusal to Graduate by Reason of Pregnancy For schools to refuse to graduate a child who has
complied with or is willing to comply with all academic requirements by reason of pregnancy;
i. Refusal to Issue Clearances by Reason of Pregnancy For schools to refure to issue clearances to
a child by reason of pregnancy;
j. Physical and Degrading Forms of Punishment Subjecting the child to physical and degrading
forms of punishment such as, but not limited to the following:
1. Ordering or directing a child to kneel on salt;
2. Placing a child inside a sack and/or hanging him/her;
3. Shaving the head of a child;
4. Harsh whipping of the child with the tail of a stingray (pagi), stick, belt and other
similar objects;
1. Stripping the child of his/her clothes;
2. Locking up the child in a cabinet or aparador or any closed structure;
3. Typing up the child or otherwise detaining him/her;
4. Throwing objects such as but not limited to erasers, chalk, and notebooks at the
child;
5. Pulling the hair of the child,
6. Making the child stand under the heat of the sun
7. Exposing the child to be bitten by ants.
m. Entry, Selling and Distribution of Pornographic Materials The local councils for the welfare of
children/local law enforcers shall monitor and prevent the entry of pornographic materials. It
shall be unlawful for any person to sell and distribute such materials;
n. Selling Liquor, Cigarettes, Rugby and other Addicting Substances to a child It shall be
unlawful for any person to sell liquor, cigarettes, rugby or any addicting substance to a child;
o. Smoking in Enclosed Places and Public Conveyances Smoking in any enclosed place or public
conveyance shall be prohibited;
The above acts which are likewise punishable in RA 7610 or the Child Abuse Act, RA 7658 on Child
Labor, the Revised Penal Code, or other pertinent national laws shall be penalized there under. Acts
or omissions not falling under said laws shall be penalized by imprisonment of one (1) year and a
fine of not more than One Thousand Pesos (P1,000.00)
SECTION 52. Control on Childrens Exposure to Internet Cafes. Internet cafes catering to
children except college students during school days from 7:00 oclock in the morning to 5:00 in the
afternoon and beyond 7:00 in the evening, shall be subjected to suspension of business permit of
fifteen (15) days during the first offense and, one (1) month suspension of the same for the second
offense. Confiscation of computer units and cancellation of the business permit of said
establishments shall constitute the penalty for the third offense.
SECTION 53. Protection for Children. - Children in situations of armed conflict shall be
considered victims and shall be afforded full protection in accordance with the provisions of R.A.
7610 or the Anti-Child Abuse Act.
a. In addition to the rights guaranteed to children under this Code and existing laws, children
of indigenous peoples shall be entitled to protection, survival and development consistent
with the customs and traditions of their respective communities.
b. The Municipal Council for the protection of children in coordination with the local DepEd
district office shall develop and institute an alternative system of education for children of
indigenous peoples which is culture-specific and relevant to their needs.
c. The delivery of basis social services in health and nutrition to children of indigenous
cultural communities shall be given priority. Hospitals and other health institutions shall
ensure that children of indigenous peoples are given equal attention. In the provisions of
health and nutrition service to children of indigenous peoples. Indigenous health practices
shall be respected and recognized.
d. Children of indigenous peoples shall not be subjected to any form of discrimination.
E. Juveniles
SECTION 55. Rights of a Juvenile. Pursuant to the UNCRC, every child alleged or accused of
having infringed the penal law has at least the following guarantees:
SECTION 57. Level of Diversion. Diversion shall be conducted at the barangay and police
levels. The Lupong Tagapamayapa and the Child and Youth Relations Unit (CYRU) are the competent
authorities to conduct diversion proceedings.
SECTION 58. Duty to Inform child of His / Her Offense. The competent authorities are duty-
bound to explain to the minor in a language known and understood by her/him the consequences of
her/his acts and /or omission. The minors responsibility for the commission of any felony shall be
explained to her/him with a view towards counseling and rehabilitating her/him, and avoiding
her/his contact with the criminal justice system and indemnifying the victim/s if there be any.
SETION 60. Termination of Case. If the competent authorities determine that the child did not
commit the offense charged, the case shall be determined and a decision to that effect shall be written
and explained to both parties.
During any stage of the diversion proceedings, any admission or confession of a child for an
offense shall be inadmissible as evidence against the child should the diversion proceedings fail.
Neither shall the same be held to be admissible in evidence against the child before any proceeding.
SECTION 62. Prohibition against Labeling. In all conduct of the proceedings beginning from
the initial contact of the child, the competent authorities must refrain from branding or labeling minors
as young criminals, juvenile delinquents, prostitutes, snatchers, rugby boys or attaching to them in any
manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be
allowed particularly with respect to the minors class or ethnic origins. The officer violating this
provision shall be administratively liable.
SECTION 63. Prohibited Acts Against Youth Offenders. Any and all acts and practices
which are prejudicial and detrimental to the phycological, emotional, social, spiritual, moral and
physical health and well-being of the minor shall be prohibited.
a. Authorities shall refrain from employing threats of whatever kind and nature and/or
abusive, coercive and punitive measures in dealing with minors. Such practices,
whether committed directly or indirectly by person in authority, their representative,
or any other persons acting under them or in behalf-such as cursing, beating,
stripping, and detaining minors in cell-shall be dealt with administratively and
criminally;
b. Likewise, degrading, inhuman and cruel forms of punishment such as shaving the
heads of minors, pouring irritating, corrosive or harmful substances over their bodies,
or forcing minors to walk around the community wearing signs which embarrass,
humiliate, and degrade their personhood and dignity and which harm them
psychologically, emotionally, spiritually, morally, and physically shall be prohibited;
c. No minors shall likewise be made subject to involuntary servitude in any and all
forms under any and all instances by their arresting officers and/or custodians.
Designating and/or compelling minors to act and serve as errand boys/girls,
cleaners, or helpers is also prohibited.
Any violation shall be penalized with one (1) year imprisonment and a fine of not more
than One Thousand Pesos (P1,000.00). However, if these violations are likewise
penalized in any national law, the penalty imposed in such national shall be followed.
SECTION 64. Diversion Programs, when proper. Where the parties ana/or the competent
authorities decide that the child must undergo a diversion program, such a continuing program for the
rehabilitation and reintegration of the child shall be formulated with the cooperation of the complaint
and the child.
SECTION 67 . Diversion Programs. The diversion program shall include adequate socio-
cultural and psychological responses and services for the child. Diversion program can include, but are
not limited to the following:
SECTION 68. Criteria of Community-Based Programs. Every city and municipality shall
establish programs, through the local government unit, that will focus on the rehabilitation and
reintegration of the child. All programs shall meet the following criteria.
a. Its primary purpose shall be the rehabilitation and reintegration of the child;
b. Referral to such programs shall need the consent of the child and the parent or legal
guardian /s;
c. The participation of other child-centered agencies, religious, civic and other
organizations will be allowed.
a. Community service;
b. Membership in civic and/or religious organizations.
SECTION 70. Conditions for diversion Program. In all cases where a child is required to
undergo diversion program, the following conditions shall be mandatory:
SECTION 74. Referral to Diversion Programs. In the process of conciliation, the Lupon of the
Pangkat as the case may be shall encourage the inclusion of community service program or other forms
of diversion to be included in the settlement.
SECTION 75. Designation of Officer or Unit to Handle Cases Involving Youth Offenders.
The Philippine National Police shall designate a Child and Youth Relations Officer or Unit (CYRC or
CYRU) to handle cases involving youth offenders. This may be integrated with the present Women and
Childrens Desk or may be a separate unit, depending on the conditions of the area.
SECTION 76. Procedure Before the CYRU. Cases involving juveniles shall be referred to the
CYRO or CYRU which shall conduct an initial inquiry in accordance with the procedure for judicial
proceedings and custody as outlined in Section 25 of R.A 7610 or the Child Abuse Act.
SECTION 77. Duty of the CYRU. After the initial inquiry, if the offense does not fall under the
Katarungang Pambarangay as provided under section 55, the CYRO or the CYRU shall conduct further
investigation of the child pursuant to Section 25 of R.A. 7610 or the Child Abuse Act, otherwise it shall
refer the case to the barangay.
If the child cannot be represented by counsel of his/her own choice, the CYRU or the CYRO
shall contact a member of the Public Attorneys Office to assist the child. Any confessions and
admissions in violation of these rights are inadmissible as evidence against the child. In no case shall
deceit, false promises, intimidation or harassment be employed against the child. Respect for the
human rights of the child, as provided by both international and Philippine laws, shall be of
paramount consideration during the custodial investigation.
SECTION 79. Diversion, When Proper. Where there is no private offended party, or where
the offended party and the child give consent to a diversion, the CYRU or CYRO in consultation with
the childs parents/guardian, the nearest relative, member of a child-focused group, member of a
religious group, member of the Barangay Council for the Protection of Children concerned, or the local
social welfare and development officer shall formulate a diversion program and refer the child to the
appropriate agencies for compliance of the program.
SECTION 80. Right of the Juvenile to Council. From custodial investigation and throughout
the proceedings, the juvenile shall have the right to be represented by counsel. The arresting officer,
prosecutor or judge shall ensure that the juvenile is represented by counsel before proceedings with the
investigation or trial. Any confession or admission made in any proceeding without the assistance of
counsel shall be null and void.
SECTION 81. Custody and Supervision. No child shall be removed from parental
supervision, whether party or entirely, unless the circumstances of her or his make protective custody
necessary. The competent authorities conducting diversion proceedings shall immediately commit the
child to the custody of the parents or legal guardian who shall be responsible for the presence of the
child during the diversion proceedings. In the absence of the parents or legal guardian, the child shall
be committed to the care the nearest relative, a member of the Barangay Council for the Protection of
Children, or the local social welfare and development officer. If necessary, the local social welfare and
development officer in coordination with the DSWD may refer the child to the appropriate child-caring
institution.
SECTION 82. Confidentiality of Proceedings and Records. All records and proceedings
involving children shall be confidential. The public shall be excluded during all proceedings and the
records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in
the proceedings. The competent authorities shall measures, including non-disclosure of records to the
media, maintaining a separate police blotter for cases involving children and adopting a system of
coding to conceal material information which will lead to the childs identity. Records of juvenile
offenders shall not be used in adult proceedings in subsequent cases involving the same offenders.
SECTION 83. Care and Maintenance of Juveniles. T parents or other person liable to support
the child shall pay the expenses for the care and maintenance of said child whose disposition of the
case is institutionalization. The disposition shall include the proportion of support if such person is not
capable of paying the whole amount and the rest shall be paid by the local government unit
maintaining such a facility.
SECTION 84. Reintegration Programs. The local government units are encouraged to
implement reintegration programs for a juvenile who is released by the court. This is for the purpose of
preparing the juvenile for reintegration to the community.
Article 6
IMPLEMENTING MECHANIMS
SECTION 85. Creation of the Municipal Council for the Protection of Children. The
Sangguniang Bayan shall create a council for children known as the Municipal Council for the
Protection of Children (MCPC) and coordinate with LGUs in the creation and organization of the
Municipal Council for the Protection of Children and the Barangay Council for the protection of
Children (BCPC) at the barangay level. This is in keeping with the mandate of the Council for the
Protection of Children (CPC) to coordinate the formulation, implementation and enforcement of all
policies, programs, and projects relative to the survival, development and protection of the local
councils.
The PCPC shall ensure the effective implementation of the Philippine Governments
commitment to the Convention on the Rights of the child, world Declaration on the Survival,
Development and Protection of Children, and the Philippine Plan of Action for Children (PPAC).
It shall plan and implement programs and services for children by virtue of the LGUs power
and authority to plan and implement local socio-economic development plans, policies, and programs.
SECTION 86. Composition and Functions of the Municipal Council for the Protection of
Children (MCPC).
a. Members of the MCPC shall include the following agencies/units or offices, and agencies it deems
important depending on the current specific situation/problems of the locality:
1. To review and integrate the municipal programs and projects needing assistance into
Municipal Program for Children;
2. To monitor and review the implementation of the Municipal Programs;
3. To submit quarterly status reports on the implementation of the Municipal Program to the
Regional Sub-Committee for the Protection of Children (RSCPC) through the Municipal
Development Council (MDC);
5. To provide the necessary technical assistance to the municipality and barangay councils if
called for;
7. To advocate for the passage of ordinances pertinent to child survival, protection, participation
and development with appropriate funding support; and,
Secretariat support shall be provided by the Office of the Municipal Social welfare and Development.
The secretariat shall be responsible for the documentation of proceedings of meetings and preparation
of the reports and other necessary documents as needed by the Council.
SECTION 87. Creation of the Municipal Councils for the Protection of Children (MCPC).
The Sangguniang Bayan shall create a Municipal Council for the Protection of Children the
composition of which shall be determined by the concerned Sanggunian depending on the needs and
circumstances of the area. The MCPC shall have the following duties and functions:
a. To formulate the Municipal plan of action for children, incorporating projects and programs
needing assistance submitted by their constituent barangays; and ensure the integration of
these plans into the Municipal Development Plan;
b. To monitor and evaluate the implantation of the municipal and Barangay plans;
c. To submit quarterly status reports on the plan implementation to the MCPC through the
Municipal Planning and Development Office;
d. To promptly address issues and concerns affecting children and youth in their area;
e. To advocate for the passage of relevant child and youth protective ordinances;
f. To advocate for increased support and resource allocation for childrens programs and
projects from their respective local government units and secure resources for the same
from other sources;
g. To provide technical assistance to the community-based frontline workers through the
conduct of capability building and human resource development activities; and;
h. To prepare contingency measures to protect children and their families in crisis brought
about by the natural and human-made calamities.
Secretariat support shall be lodged with the Municipal Social Welfare and Development Office
which shall be responsible for the documentation or proceedings of meetings and preparation of
reports and other necessary documents as needed by the Council.
SECTION 88. Creation of Barangay Councils for the Protection of Children (BCPC). The
Barangay Council shall create a Barangay Council for the Protection of Children (BCPC), the
composition of which shall be determined by the former depending on the needs and circumstances in
the area. The BCPC shall have the following functions:
a. To foster education of every child in the Barangay Council for the Protection of Children
(BCPC), the composition of which shall be determined by the former depending on the
needs and circumstances in the area. The BCPC shall have the following functions:
b. To encourage the proper performance of the duties of parents and provide learning
opportunities on he adequate rearing of children and on positive parent-child relationship;
c. To report all cases of child abuse to the proper authorities;
d. To protect and assist abandoned, maltreatment and abused children and facilitate their cases
filed against child abusers;
e. To prevent child labor in their area and to protect working children form abuse and
exploitation;
f. To take steps to prevent juvenile delinquency and to assist children with behavioral
problems so they can get expert advice;
g. To adopt measures to promote the health and nutrition of children;
h. To promote the opening and maintenance of playgrounds and day care centers and other
services that are necessary for child youth welfare;
i. To secure the cooperation of organizations devoted to the welfare of children and
coordinate their activities;
j. To promote wholesome entertainment in the community especially in movie houses;
k. To assist parents whenever necessary in securing expert guidance counseling from the
proper governmental or private welfare agencies;
l. To advocate for the passage of child-friendly barangay ordinances in response to child-
related issues and concerns;
m. To prepare the barangay plans of action for children which address the needs of children in
the community an ensure their integration into the Barangay Development Plan and
Implementation by the barangay; and,
n. To submit quarterly barangay accomplishment reports on the implementation of the plan to
the MCWC.
SECTION 90. Internal rules of the Councils for the welfare of children shall adopt their own
internal rules of procedures and regulations to serve as guidelines for the members in the discharge of
their official functions such as the organizations structure, parliamentary procedure, order of feeding
and quorums, discipline and such other rules the council may adopt.
SECTION 91. Creation of a Desk for Childrens Concerns. There shall be created a Desk for
Childrens Concerns under the Office of the Municipal Social Welfare and Development.
SECTION 92. Functions of the Desk for Childrens Concerns. The Desk for Childrens
Concerns shall:
SECTION 93. Consultations with the Desk for Childrens Concerns. The Desk for Childrens
Concerns shall be consulted by local government units and other bodies whenever they are considering
proposals to change or repeal existing legislation or to introduce new legislation likely to affect
childrens lives.
SECTION 94. Reporting to the United Nations Committee on the Rights of the Child. The
Desk for Childrens Concerns shall be consulted over the reporting obligations under the UN
Convention on the Rights of the Child. Concerned government agencies in the municipality are
required to consult the Desk for Childrens Concerns in the process of drafting their reports to the
Committee on the Rights of the Child and to give due consideration to their comments.
SECTION 95. Child Impact Statements. Local f\government units are required to prepare
child impact statements indicating the likely repercussions of proposed legislation or policy on
children and submit these to the Desk for Childrens Concerns.
SECTION 96. Mandatory Consultations. Prior to the implementation of any national project
by any and all national government agencies, bureaus, or offices affecting children, the express
approval by the Sangguniang Bayan shall be obtained after approval by the holding of the public
hearings on the matter and after consultation with the Desk for Childrens Concerns.
C. Childrens Councils
2. Monitor and evaluate the programs and activities that involve children, either by the
government or from the NGOs.
3. To spearhead and facilitate programs or activities that will help the children through
seminars, training, skills development and community outreach program.
6. Initiate allocation of funds for the projects envisioned by the childrens council.
7. Discuss issues and concerns and information from the BCC and PCCC.
SECTION 99. Child Representatives. Aside from the youth representative from the
Sangguniang Kabataan, a seat shall be provided for a child representative in the municipal councils for
the protection of children coming from the Childrens Council as created under Article 6 hereof to
represent children below 15 years of age. The local government councils should see to it that the child is
able to, genuinely participate in decision making particularly in matters involving childrens concerns.
a. Offended party;
b. Parents or guardians;
c. Ascendant or collateral relative within the third degree of consanguinity;
d. Officer, social worker or representative of a licensed child-caring institutions;
e. Officer or social worker of the Department of Social Welfare and Development;
f. Barangay chairperson; or
g. At least three (3) concerned responsible citizens residing in the community where the
violation occurred.
SECTION 102. Protective Custody of the Child. - The offended party shall be immediately
placed under the protective custody of the Department of Social Welfare and Development through the
local social welfare and development officer pursuant to Executive Order No. 56, series of 1986. In the
regular performance of his function, the officer of the Department of Social Welfare and Development
shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.
SECTION 103. Confidentiality. - At the instance of the offended party, his/her name may be
with held from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer and director of
the film in case of the movie industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of the offended party.
SECTION 104. Reporting. - A person who learns of facts or circumstances that give rise to the
belief that a child has suffered abuse may report the same, either orally or in writing, to the Department
of Social Welfare and Development (national office), the Office of the Municipal Social Welfare and
Development, to the law enforcement agency or to the knowledge of the same.
SECTION 105. Mandatory Reporting. - The head of any public or private hospital, medical
clinic and similar institution, as well as the attending physicians and nurses, shall report, either orally
or in writing, to the above-mentioned department or agency the examination and/or treatment of a
child who appears to have suffered abuse within forty-eight (48) hours from the knowledge of the
same.
SECTION 106. Duty of Government Workers to report. - It shall be the duty of all teachers
and administrators in public schools, probation officers, government lawyers, law enforcement officers,
barangay officials, correction officers and other government officials and employees whose work
involves dealing with children to report of possible child abuse to the authorities mentioned in the
preceding sections.
SECTION 107. Failure to Report. - Any individual mentioned in Section 106 who possesses
knowledge of a possible child abuse and fails to report the case to the proper authorities shall be
punishable under R.A. 7610.
SECTION 108. Immunity for Reporting. - Any person who, acting in good faith, reports a case
of child abuse shall be free from any civil or administrative liability arising there from. There shall be
presumption that any such person acted in good faith.
SECTION 109. Penalties. - The penalty for any violation of this Code, which is not penalized
elsewhere in other sections of this Code or in a national law, shall be imprisonment of six (6) months to
one (1) year and /or a fine ranging from P500 to P1,000.00.
For first time offenders, in cases where the offender is the parent or teacher of the child or
relatives within the four degree of consanguinity, if the offender admits the offense and is sincere and
willing to reform, the penalty may be waived subject to the consent of the child, and the following
measures imposed instead:
For offenses punishable under R.A. 7610, R.A. 7658, the Revised Penal Code or any other law as
well as this Code, the offended party and/or any party so authorized shall file a complaint under the
national law, and the penalty in such national law shall be imposed.
Failure to comply with pertinent provisions of this Code by the concerned local chief executive,
members of legislative bodies and/or head of offices or bodies shall constitute dereliction of duty
subject to penalties prescribed under the Local Government Code and other pertinent laws.
Article 8
BUDGETARY APPROPRIATIONS
SECTION 110. Appropriations for Childrens Programs. - The local government units shall
appropriate funds as part of their annual budget for the implementation of childrens programs.
The municipality shall allocate funds necessary for the implementation of this code, drafting
and publication of the IRR, training and orientation of stakeholders, and promotion of this Code to the
general public.
Article 9
SECTION 111. Separability Clause. - If, for any reason or reasons, any part or provision of this
Code shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
SECTION 112. Applicability Clause. - All other matters relating to the impositions or
regulations provided in this code shall be governed by the pertinent provisions of existing laws and
other ordinances. This Code shall apply to all the people within the territorial jurisdiction of the
Municipality of Catigbian, and barangays as well, and to all persons, who may be subject to the
provisions of this Code.
SECTION 113. Repealing Clause. - All ordinances, resolutions, executive orders and other
issuances which are inconsistent with any of the provisions of this Code are hereby repealed or
modified accordingly.
SECTION 114. Effectivity Clause. This Code shall take effect thirty (30) days after completion of
its publication in a newspaper of general circulation within its jurisdiction and posting in at least three
(3) conspicuous places in the Municipality of Catigbian.
AFFIRMATIVE:
NEGATIVE: NONE
I hereby certify to the correctness of the above-quoted Childrens Code of the Municipality of
Catigbian, Bohol.
ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
HON. NECITA N. DIGAUM
Municipal Vice-Mayor
Presiding Officer
APPROVED:
Be it ordained by the Sangguniang Bayan of the Municipality of Catigbian in the session duly assembled
that:
SECTION 1. DEFINITION OF TERMS For the purpose of this ordinance the following words shall
be defined follows:
1. Fruit bearing trees- any fruit tree with edible produce and its verities
2. Elementary graduating students a child attending the sixth grade level
3. Secondary graduating students a child attending a fourth year level
4. Private schools schools run by the private entities and or cooperation/ and those run by the Bohol
Association of Catholic Schools (BACS)
5. Public schools schools owned and run by the government
6. Prerequisite requisite in an antecedent condition as in graduation
SECTION 2. SCOPE This ordinance shall cover all elementary and secondary graduating students
from public and private schools within the Municipality of Catigbian, Catigbian, Bohol.
1. To establish a tie up between Dep- Ed and the Local Government Unit (LGU);
2. To intensify the support for integration and application of DepEds curricula in Edukasyong
Pantahanan at Pangkabuhayan (EPP) for the Elementary level and the Technology and Livelihood
Education (TLE) for the secondary level;
3. To spearhead in a sustainable program for food supply and family income generation;
4. To instill among the in school youth the values on responsibility, resourcefulness, reliability and
love of Mother Earth;
5. To promote a green and healthy community;
SECTION 4. PROVISIONS
All planting material inputs shall be provided and supplied by the Local Government Unit (LGU) through
the Municipal Agriculture Office.
1. All needed technical support shall be extended to the students to ensure that material inputs are
properly planted.
2. Planting of the fruit bearing trees shall be done at least a month before the scheduled graduation to
guarantee growing state.
3. All Catigbian resident graduating students are required to plant in their backyard or owned lot.
4. All non Catigbian resident graduating students are required to plant in the DepEd or LGU
designated places.
5. All the graduating students are required to secure a certification of accomplishment from the office of
the Punong Barangay where the task planting is performed.
SECTION 5. That the following officials are authorized and/ or deputized in the full implementation of the
ordinance:
1. Barangay Officials: Chairperson Committee on Education
Committee on Environment
Committee on Agriculture
SECTION 7. EFFECTIVITY This ordinance shall take effect immediately upon its approval;
AFFIRMATIVE:
NEGATIVE: NONE
ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
APPROVED:
WHEREAS, Municipal Ordinance No. 5, Calendar Year 2006, otherwise known as the Cave
Management and Protection Ordinance of the Municipality of Catigbian has been passed and approved
to manage and protect caves and cave resources which are abundant in this municipality;
WHEREAS, the Local Government Unit has promoted Catigbian as an eco-tourism destination
more particularly in cave tourism through the institutionalization of the celebration of the Katigbawan
Festival every third week of June highlighting its very own treasures and resources which are its
carabaos and caves;
WHEREAS, due to the possibility of the influx of tourists who will want to explore its caves, it is
but proper to proactively prepare a program and mechanism to protect and manage its resources;
Section 1. Basic Policy. It is the policy of the State to conserve, protect and manage caves and
cave resources as part of the countrys natural wealth. Towards this end, the State shall strengthen
cooperation and exchange of information between government authorities and users of caves and cave
resources for scientific, educational, recreational, tourism and other purposes. It shall also promote the
widest participation of the different sectors of the society in planning, implementing, monitoring and
evaluation of cave activities;
Section 2. Scope and Coverage. This Municipal Ordinance is promulgated pursuant to the
policy declared in Republic Act No. 9072 and Municipal Ordinance No. 5, CY 2006 and its objectives as
stated. It shall cover all caves and cave resources within public domain and private lands, excluding
man made excavation, vug, mine tunnel and aqueducts in the Municipality of Catigbian;
Section 3. Definition of Terms. For the purpose of this Ordinance, the following terms shall be
defined as follows:
Aqueduct shall refer to a man-made channel designed to transport water over long distances
usually by gravity; an elevated structure supporting a channel or canal passing over a river of low
ground;
Archaeology shall refer to the scientific study of material remains such as fossils, relics,
artifacts, features and monuments, of past human life and activities and cultural remains;
Paleontology shall refer to the science dealing with the life of past geological periods as
known from fossil remains;
Significant Cave shall refer to a cave, which contains materials or possesses features that have
archaeological, cultural, ecological, historical or scientific value as determined by the MCC in
coordination with the scientific community and the academe;
Cave shall refer to any naturally occurring void, recess or system of interconnected passages
beneath the surface of the earth or within a cliff or ledge and which is large enough to permit an
individual to enter, whether or not the entrance, located either on private or public land is naturally
formed or man-made. It shall include any natural pit, sinkhole or other features therein but not any
vug, mine tunnel, aqueduct or other man-made excavation;
Cave Resources shall refer to any material or substance occurring naturally in caves, such as
animal life, plant life, including paleontological and archaeological deposits, cultural artifacts, or
products of human activities, sediments, minerals, speleogens and speleothems. These shall also
include animal derivatives such as, but not limited to edible birds nests and guano;
Derivative shall refer to a substance/material extracted or taken from wildlife such as but not
limited to blood, saliva, honey, wine, serum, excrete and the like; a compound directly or indirectly
produced from wildlife and/or products produced from wildlife and wildlife products;
Geology shall refer to the science that deals with the composition and structures of the earth
and the changes it has undergone or is undergoing including the study of life and the environment
which existed as recorded in the different rock sequences;
Sinkhole shall refer to a depression in the land surface generally in limestone region
communicating with subterranean passages developed by solution;
Speleogen shall refer to relief features on the walls, ceilings and floors of any cave or lava tube
which are or part of the surrounding bedrock, including but not limited to anastomoses scallops,
meander niches, petromorphs and rock pendants in solution caves and similar features unique to
volcanic caves;
Speleothem shall refer to any natural mineral formation or deposit occurring in a cave or lave
tube, including but not limited to stalactite, stalagmite, helictite, cave flower, flowstone, drapery, rim
stone or formation of clay or mud;
Vug shall refer to a small cavity in a vein or in a rock, usually lined with crystals of a different
mineral composition from an enclosing rock;
Section 4. Municipal Cave Council and its Composition. There shall be created a Municipal
Cave Council which shall be composed of the following:
Section 5. Functions of the MCC. The following shall be the functions of the MCC:
5.1 Conduct municipal wide planning, technical assistance to other agencies, monitoring and
evaluation of activities in the implementation of this Ordinance;
5.2 Enter into a Memorandum of Agreement (MOA) with any local government unit, other
government agencies, non-government organization, peoples organization, academe and other
concerned entities for the conservation, protection, development and management of caves;
5.3 Coordinate and/or collaborate with concerned government agencies, non-government
organizations, peoples organization, academe and other concerned agencies in the conduct of cave
assessments;
5.4 Tap the cooperation of non-government organizations, peoples organization and other
stakeholders as active partners in the conservation, protection and rehabilitation of caves and cave
resources;
5.5 Disseminate information and conduct educational campaign on the need to conserve,
protect and manage caves and cave resources, with other partner agencies;
5.6 Issue permits through the office of the Municipal Mayor for the collection and removal of
guano and other cave resources;
5.7 Determine, in consultation with concerned entities, the appropriate bonds and fees for the
issuance of permits for approval by the Sangguniang Bayan;
5.8 Call on any government units, bureaus, agencies, state, university and/or other
instrumentalities of the government for assistance as the need arises in the discharge of its functions;
and
5.9 Exercise other powers and perform other functions as may be necessary to implement the
provisions of Republic Act No. 9072 and Municipal Ordinance No. 5, CY 2006;
Section 6. Caves in Private Lands. Caves and cave resources are owned by the State. As such,
landowners with caves inside their private land shall secure the necessary permit from the Mayors
Office for the use, collection or removal of any cave resources found therein. All resource utilization
outside the caves within private lands, including the harvesting or planted trees, shall be regulated by
the Municipal Cave Council in accordance with existing laws, rules and regulations to preserve the
integrity of the cave. The private landowner may enter into a MOA with the LGU or barangay
concerned in the conservation, management and protection of caves and cave resources found therein.
Section 7. Caves in other Public Lands. Caves that are not within protected areas shall be
managed in coordination with the concerned agencies.
The MCC, in coordination with the DOT, NM, NHI shall prepare a list of caves assessed and
classified, within one (1) year from the issuance of this Ordinance. The list shall be periodically
updated. Prior to the issuance of the list, the MCC shall determine if the subject cave can be publicly
known.
9.1 Cave Resource Assessment inventory and mapping of caves, classification and
documentation of the biological, geological, hydrological, paleontological, archaeological and historical
resources and other relevant cave information;
9.2 Resource Management and Utilization regulation of consumptive and non-consumptive
use of caves and cave resources;
9.3 Conservation, Education and Public Awareness promote/raise awareness, appreciation
and understanding on the importance of and benefits from caves and cave resources and draw out
actions for their protection and conservation;
9.4 Human Resource Development conduct training and workshops to improve the
manpower capability in the implementation of cave management and conservation activities;
9.5 Research and Development development and implementation of research/studies to
support cave management and policy formulation.
Each barangay shall create its own Barangay Cave Committee (BCC) to be chaired by its
punong barangay or his duly authorized representative. It shall be composed of representatives from
the coordinating agencies, academe and non-government organizations, among others in the barangay.
Section 10. Cave Discovery and Classification. Any person or institution that discovers a
cave/caves shall report the location to the Mayors Office or the MCC. The MCC shall then plan the
appropriate activities to be undertaken on the reported cave.
Section 11. Uses of Caves and Cave Resources. Caves may be used for scientific, economic,
educational, eco-tourism and other purposes based on the assessment and classification of the subject
caves. The MCC shall determine the appropriate use of the cave and the allowable activities in caves.
Such activities may be subject to the Environmental Impact Statement (EIS) System and other related
rules and regulations, as appropriate. For the collection of animal derivatives such as but not limited to
edible birds nests and other cave resources, the MCC shall set the open and close season including, but
not limited to the quantity, quality and size limits.
Section 12. Permits. Permits for the extraction of edible birds nest may be issued by the
Mayors Office to concessionaires upon submission by the applicant of a management plan to the MCC
and the posting of a bond to ensure compliance of the conditions stated in the permit. The Mayors
Office may likewise issue permits to individual nest gatherers, subject to the term and conditions that
the MCC may impose. Visitor permits for caves classified for eco-tourism shall be issued by the
Mayors Office upon prior clearance from the appropriate tourism office and the MCC.
Permits for the collection and removal of guano may be issued by the MayorOffice based on
the procedural guidelines provided for by DENR Administrative Order No. 96-40. The Mayors office
shall not issue permits for the removal of stalactites and stalagmites or any cave resources when it will
adversely affect the value of a significant cave.
Section 13. Treasure Hunting. The MCC in coordination with the Protected Areas and Wildlife
Bureau of the Department of Environment and Natural Resources, the Bohol Tourism Office, and the
Bohol Environmental Management Office shall formulate a policy on treasure hunting in caves within
six (6) months from the effectivity of this Order.
Section 14. Deputation of Cave Protection Enforcement Officer (CPEO). The MCC shall
deputize Cave Protection Enforcement Officers from the Barangay Local Government Units, locally
based non-government organizations, community organizations, indigenous people and other
volunteers who have undergone necessary training for the purpose. Members from the Philippine
National Place, the Armed Forces of the Philippines, the National Bureau of Investigation and other
law enforcement agencies may be designated as cave protection enforcement officers.
The deputized cave protection enforcement officers shall have the full authority to seize objects
and arrest violators of Republic Act 9072 and this Order, subject to existing laws, rules and regulations
on arrest and seizure. Free legal assistance may be extended to CPEOs.
Section 15. Administrative Confiscation. The MCC shall order the seizure and confiscation, in
favor of the government, the gathered, collected, removed, possessed or sold cave resources including
the conveyances and equipment used in violation of Section 7 of Republic Act 9072 and Section 17 of
this Order.
The procedure on the seizure, confiscation and forfeiture of cave resources and all implements
used in violation of RA 9072 shall be governed by relevant existing rules and regulations, and the
appropriate DENR IRR and Administrative Orders.
Section 16. Appropriations. The Local Chief Executive and concerned agencies shall include in
the Annual Executive Budget, funds for the implementation of this Ordinance.
Section 17. Transitory Provision. All existing contracts, agreements, permits and other forms of
tenurial arrangements entered into by concerned agencies/persons shall be respected. Provided, that
upon expiration, the authority to enter into said contracts, agreements, permits, and other forms of
tenurial arrangements shall rest upon the MCC pursuant to Section 4 of Republic Act No. 9072.
Section 18. Separability Clause. If any provision of this Order is subsequently declared
unconstitutional, the remaining provisions shall remain in full force and effect.
Section 19. Repealing Clause. All laws, ordinances, resolution, rules and regulations, or parts
thereof which are inconsistent with any of the provisions of this Ordinance are hereby repealed and/or
amended accordingly;
Section 20. Effectivity. This ordinance shall take effect 90 days after its publication in a
newspaper of general circulation.
AFFIRMATIVE:
NEGATIVE: NONE
(SGD)ARDISSA RECIMILLA-ESTAVILLA
SB Secretary
ATTESTED:
(SGD)NECITA N. DIGAUM
Municipal Vice-Mayor
Presiding Officer
APPROVED:
Date signed: