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AN ORDINANCE DECLARING AS PERMANENT DANGER ZONE OR PERMANENT “NO

MAN’S LAND” VILLAGES WITHIN THE 6 KILOMETER ZONE AROUND MOUNT MAYON,
PROVINCE OF ALBAY AND PROVIDING PENAL CLAUSE THEREFOR

WHEREAS, R.A. NO. 7160 otherwise known as the Local Government Code
of the Philippines, expressly provides the general welfare clause providing that
every local government unit shall exercise the powers necessary, appropriate or
incidental for their effective and efficient governance and those which are
essential to the promotion of the general welfare. Within their respective territorial
jurisdictions, local government units shall ensure and support, among other things
promotion of health and safety and preserve the comfort and convenience of
their inhabitants;
WHEREAS, R.A. 10121 otherwise known as Philippine Disaster Reduction and
Management Act promotes the development of capacities in disaster
management particularly its call for the mainstreaming of disaster risk reduction
in physical and land-use planning, health, etc.;

WHEREAS, it is a declared objective of each local government unit to effect


social and economic reforms attuned to the establishment of a secure local
community and to an improving quality of life for all its constituents especially
those who are affected by natural calamities;

WHEREAS, Albay province is prone to the constant occurrence of natural


calamities which endangers the life and property of its people, among which is
the constant fear of eruption of Mayon Volcano;

WHEREAS, the Mount Mayon, located within the geographical jurisdiction


of the Province of Albay, is one of the active volcanoes in the Philippines which
have erupted within historical times and up to date;

WHEREAS, several households have settled through the years within the 6
kilometer government-declared permanent danger zone around Mount Mayon
which subject them to danger everytime an eruption occur and which causes
the provincial government to force evacuate them each time the Mayon
explodes;

WHEREAS, the Province of Albay, in cognizance of the mandate and


consistent with the promotion of public health and responsibility for public safety,
aims to provide convenience to the villagers by permanently evacuating them
and permanently declaring the 6 kilometer zone as “no man’s land”;
WHEREAS, in order to bring about the foregoing concerns, it is imperative
for the Province of Albay, to create an ordinance to continually improve the
same, adopts policies in furtherance of its responsibility of promoting public safety
by providing relocation sites to all villagers within the 6 kilometer danger zone and
providing them economic independence;

NOW THEREFORE, be it ordained by Sangguniang Panlalawigan of Albay


that:

Article I
Title

Section 1. This ordinance shall be known as “AN ORDINANCE DECLARING


AS PERMANENT NO MAN’S LAND AREAS WITHIN THE 6 KILOMETER ZONE AROUND
MOUNT MAYON”.

Article II
Scope and Coverage

Section 2. This Ordinance shall cover towns and barangays with population
is at risk inside the permanent danger zone as determined by the Albay Public
Safety and Emergency Management Office and/or such other appropriate office
for that purpose.

Section 3. The cities and municipalities in Albay covered by this ordinance


are: Tabaco City, Legazpi City, Ligao City, Malilipot, Daraga, Camalig,
Guinobatan, and Sto. Domingo. More particularly barangays inside the 6
kilometer zone as determined by the Albay Public Safety and Emergency
Management Office in Tabaco City namely Magapo, Oson, Buhian, Buang,
Comon, Mariroc-Nagsipit, San Isidro and Bonot, in Legazpi City namely Buyuan,
Mabinit, Matanag, Bonga, Bagong Abre and Padang, in Ligao City namely
Baligang, Tambo and Amtic, in Malilipot namely Calbayog, San Roque and
Canaway, in Daraga namely Miisi, Banadero, Budiao, Matnog, Salvacion and
Alcala, in Camalig namely Quirangay, Sua, Tumpa, Anoling and Cabangan
Upper, in Guinobatan namely Maninila, Masarawag, Dona Tomasa and
Muladbucad, and in Sto. Domingo namely Sta. Misericordia, San Fernando, Fidel
Surtida and Lidong.
Article III
General Provisions

Section 4. The safety and well-being of the villagers shall be the primary
concern of the respective local government’s risk and reduction development
council with assistance and supervision of the provincial government of Albay.

Section 5. Upon effectivity of this ordinance, families and villagers in the


above-named areas shall be transferred in a permanent relocation site provided
by the provincial government of Albay.

Section 6. Private properties affected by this ordinance shall be


expropriated in accordance with the pertinent rules and laws.

Article IV
Supervision and Control

Section 7. The Provincial Disaster Risk Reduction Council through each local
chief executives of Albay, shall exercise supervision and control over the areas
within the 6 kilometer zone and shall prescribe policies for hazard reduction,
lessening vulnerability of people and property, wise management of land and the
environment, improving preparedness and early warning for adverse events and
continuous monitoring of areas to ensure compliance with this ordinance.

Article V
Prohibition

Section 8. No household, school institution, commercial and any other kind


of establishment shall be maintained within the six (6) kilometer zone, except as
otherwise provided by law, rules and regulations.

Section 9. All kinds of activities are prohibited to be performed within the six
(6) kilometer zone unless otherwise provided for by the Provincial Government of
Albay.

Section 10. Agricultural and all forms of livelihood which have sustained the
affected villagers shall be allowed to continue for a period of at least one (1) year
with the consent and supervision of local authorities.

Article VI
Penal Clause

Section 11. Any person who violates any of the provision of this Ordinance
shall suffer a fine of Three Thousand Pesos (Php3,000.00) for the first offense; Five
Thousand Pesos (Php5,000.00) for the second offense and for the third and
subsequent offense a fine of Five Thousand and/or imprisonment of One (1) year
at the discretion of the court.

Article VII
Separability Clause

Section 12. Should any part of this ordinance be declared unconstitutional


or invalid by proper authority, other provisions hereof which are not affected
shall continue to be in full force and effect.

Article VIII
Repealing Clause

Section 13. Any previous ordinance/s or parts thereof, which are


inconsistent with this ordinance are hereby repealed and superseded.

Article IX
Effectivity Clause
Section 14. This ordinance shall take effect after its publication.