ORDINANCE NO: 1989-63 "AN ORDINANCE ESTABLISHING AND ADOPTING AND ENVIRONMENTAL DEVELOPMENT PROGRAM FOR THE CITY GOVERNMENT OF PAGADIAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF" BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY: ARTICLE I. - PURPOSE - This Ordinance is aimed to support the country's reforestation program, maintain ecological balance, protect watershed areas, increase agricultural productivity as well as prevent the erosion of rich top soil through the utilization of available public lands and uncultivated private lands under special arrangements and to prevent unfavorable climatic change in our environment which is necessary support to life. ARTICLE II. - TARGET AREAS FOR TREE PLANTING PROGRAM: Section 1. - Except for twelve (12) Districts of the City of Pagadian wherein tree planting sites shall be determined by the Department of Environment and Natural Resources, in coordination with the offices of the City Agriculturist, all barangays of the city shall established and maintained any, or all, whenever applicable, the following projects, to wit: Socialized Mini-Forest - A barangay project with an area of not less than four (4) hectares be it a government property or private property under special arrangements of the Barangay Officials and the owner. The same, however, does not necessarily have to be in a contiguous area; River Side Tree Planting - Whenever applicable, barangay shall be required to adopt measures to utilize river/creek, banks and/or river rights areas as tree planting sites, and Road Side Tree Farming - Barangays shall be required to utilize barangay roadsides by planting two rows of non-fruit trees. Section 2. Except for all public and private elementary, secondary schools, and colleges situated in any of the twelve (12) mentioned districts, all public and private elementary, secondary schools and colleges in the city shall be required to identify and develop and area in the school site for a mini-forest project. Section 3. Should school site not warrant the implementation of a mini-forest, tree planting along the boundaries of the school must be maximize and proper coordination with barangay sites in land of public domain or in private lots under special arrangements with their owner/s. Section 4. School Administrator from elementary, secondary and colleges in the twelve (12) districts and in all other barangays shall coordinate with their respective Barangay Officials in the effective implementation of the tree planting program. Section 5. The CENRO in coordination with the City Agriculture Office shall provide and maintain plant nurseries; however private schools and/or entities may establish their own separate plant nurseries. Section 6. Implementation of the program as mandated by this Ordinance shall be directly supervised by the Barangay Government Officials through the Punong Barangay. Accordingly, Barangay Officials are directed and empowered to: Section 1. - The following persons unless physically disabled, shall be required to plant twenty-four (24) trees upon implementation of this Ordinance, to wit: Pupils and students of public and private schools and colleges in the city not less than ten (10) years of age; All person seeking employment in the different agencies/branches and/or offices of the government and/or private entities or establishments located within the jurisdiction of Pagadian City; Parties applying for marriage license; Persons securing barangay and police clearances for going abroad; All other persons who have established at least one (1) year residence in the city who are at least ten (10) years of age. Section 2. - All persons are required to plant trees under this Ordinance shall take care and maintain the trees planted by him/her, plant replacements for such number of trees that has died or is found diseased, defective and/or stunted. He/she shall further see to the growth and development of the trees he/she has planted within five (5) years after its survival has been ascertained. Section 1. - Any person who committed infraction or violation of this Ordinance shall be subject to the following disqualifications, to wit: Securing marriage license Securing barangay and police clearance for purposes of employment or going abroad/running for an elective position in the government. Operate business in the City of Pagadian Graduate from any level of education and any public and private institution within the city Section 2. - Any person who cuts, , damages, injures growing trees or planted trees be it ornamental trees, fruit trees, lumber trees, or any tree of aesthetic or ecological values along the roads, in plazas, parks, school premises, or in other public and private grounds or places, or on banks of rivers or creeks, or in areas therein for the common use of the owners of lots therein, shall be punished with imprisonment for not less than six (6) months and not more than one (1) year, or a fine of not less than Five Hundred (P500.00) Pesos and not more than One Thousand (P1,000.00) Pesos or both such fine and imprisonment at the discretion of the Court, except when the cutting, destroying, damaging, injuring or removing is necessary to enhance beauty or other noble purpose, and only upon the approval of the duly authorized representative of the head of agency or political subdivision having jurisdiction therein if in government land/s or of owners if in the private land/s. Section 3. - Any person who violates the provisions of Sections 1 of Article III, in addition to disqualifications as provided in Section 1 of this Article, shall be punished with imprisonment of six (6) months and not more than one (1) year, or a fine of Five Hundred (P500.00) Pesos and not more than One Thousand (P1,000.00) Pesos, or both such imprisonment and fine at the discretion of the court. Section 4. - Officials concerned who shall violate the provisions of Section 1 and 6 of Article II of this ordinance shall be subject to appropriate action which will bring forward any step for their removal from office. ARTICLE VI. - REPEALING CLAUSE: Any provision or part thereof of any previous ordinance/s in conflict or inconsistent hereof are hereby declared repealed or modified accordingly. ARTICLE VII. - EFFECTIVITY CLAUSE: This Ordinance shall take effect upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod of Pagadian City during its 36th Regular Session held on September 19, 1989, at the Sangguniang Panlungsod Session Hall.