Local Governments

Mandate in
Environment and
Natural Resource
Management
MAR GUIDOTE
Central to the discussion of
sustainable development in
Philippine context is the
principle of local autonomy
(Padilla)
Local autonomy: Practical

1. Ethnic
diversity
2. Geographic
characteristi
c:Natural
resources
Local autonomy: Political

1. Shift from
authoritarian
rule
2. Regionalism
3. Political
bailiwicks
Local autonomy: Legal

The State shall

ensure the
autonomy of
local
governments
(Article 2,
Section 25)
 Local Autonomy: Legal
Sec 1: Territorial subdivision
Sec 2: Autonomy
Sec 4: Supervision
Sec 5: Revenue
Sec 7: Share
Sec 11: Creation
Sec 13: Cooperation
Local Government Code
of 1991
1. Decentralization
2. Devolution
3. Deconcentration
4. Delegation
5. Decongestion
6. Democratization
Decentralization: Center
to local
Governmental
efficiency in
service delivery
Quick response
Opportunity for
wider
participation
Devolution: actual transfer
of authority
Transfer of duties and responsibilities
Reciprocal relationship of national
(central) and local
Deconcentration

Redistribution
of central government
function to regional and provincial
offices
Delegation
of power within national
government structure
Decongestion: sharing of
responsibilities and
consequences
Creation of
special bodies
Participation of
stakeholders in
planning
processes
Environment Provisions
of the Local
Government Code
(7160)
Sec 16: General Welfare

Within their
respective territorial
jurisdictions.. the
preservation and
enrichment of
culture
enhance the right
of the people to a
balanced ecology
Sec 17: Basic Services and
Facilities
Barangay
General hygiene
and sanitation,
beautification and
solid waste
collection
Maintenance of
Barangay roads,
bridges and water
supply system
Sec 17: Basic Services and
Facilities
Municipality
on site research services and facilities:
dispersal of livestock and poultry, fingerlings
Inter-Barangay Irrigation system
Enforcement of fishery laws and
conservation of mangroves
With DENR: Community-based forestry
projects (integrated social forestry
program), management of communal
forest not exceeding 50sq km,
establishment of tree parks, greenbelts
Sec 17: Basic Services and
Facilities
Municipality
Solid waste disposal system
General hygiene and sanitation
Communal irrigation, water impounding
Fish port, artisanal well, spring development, rainwater
collectors, water supply systems, seawalls, dikes,
drainage and sewerage, flood control.
Sec 17: Basic Services and
Facilities
Province
Enforcement of forestry laws
limited to community-based,
pollution control law, small scale
mining law, mini-hydroelectric
projects (with DENR)
Provincial roads and bridges,
inter-municipal water works,
drainage and sewerage, flood
control, irrigation systems,
reclamation projects
Sec 20: Reclassification of
land (agricultural)
City/Municipality
Land ceases to be
economically feasible and
sound for agricultural purposes
as determined by DA
Land have substantially greater
value for residential,
commercial or industrial
purposes
Prepare comprehensive land
use and zoning ordinance
Sec 149: Fishery Rentals,
Fees and Charges
City/Municipality
Exclusive authority to grant fishery
privileges in municipal waters
Grant privilege to erect fish corrals,
oysters, muscles, bangus fries
(preference to artisanal and
cooperatives)
Grant privilege to gather, take,
catch bangus fry, prawn fry
Issue license to 3GT and below
Sec 389: Punong
Barangay
Enforce all laws and
ordinances which are
applicable within the
Barangay
Maintain peace and order
Enforce laws and regulations
relating to pollution control
and protection of
environment
Sec 444: Municipal Mayor

Call upon national official or

employee stationed or
assigned to the municipality
to advise him
Adopt adequate measures
to safeguard and conserve
land, mineral, marine, forest
and other resources of the
municipality
Sec 447: Sangguniang
Bayan
(vi) Protect the environment and impose
appropriate penalties for acts which endanger
the environment, such as dynamite fishing and
other forms of destructive fishing, illegal logging
and smuggling of logs, smuggling of natural
resources products and of endangered species of
flora and fauna, slash and burn farming, and such
other activities which result in pollution,
acceleration of eutrophication of rivers and lakes,
or of ecological imbalance;
Sec 447: Sangguniang Bayan
Measures to protect citizens from natural and man-made disasters
Adopt zoning ordinance and comprehensive land use plan
Grant fishery privileges
Regulate cockpits, regulate cockfighting and game breeding
Regulate building sanitation
Regulate combustible and inflammable materials
Regulate amusement facilities
Provide for the establishment, maintenance, protection, and conservation
of communal forests and water sheds, tree parks, greenbelts, mangroves
Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof, and regulate the construction and operation of private
markets, talipapas or other similar buildings and structures;
Authorize the establishment, maintenance and operation of ferries,
wharves, and other structures, and marine and seashore or offshore
activities intended to accelerate productivity;
Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products, and other foodstuffs for public consumption;
 Sec 447: Sangguniang Bayan
Establishment, operation, maintenance, and repair of an efficient
waterworks system to supply water
regulate the construction, maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; protect the purity and quantity of the
water supply
extend the coverage of appropriate ordinances over all territory
within the drainage area of said water supply and within one hundred
(100) meters of the reservoir, conduit, canal, aqueduct, pumping
station, or watershed used in connection with the water service; and
regulate the consumption, use or wastage of water;
Regulate the drilling and excavation of the ground for the laying of
water, gas, sewer, and other pipes and the construction, repair and
maintenance of public drains, sewers, cesspools, tunnels and similar
structures;
regulate the placing of poles and the use of crosswalks, curbs, and
gutters; adopt measures to ensure public safety against open canals,
manholes, live wires and other similar hazards to life and property
regulate the construction and use of private water closets, privies and
other similar structures in buildings and homes;
Sec 465: Provincial
Governor
Adopt adequate measures to
safeguard and conserve land,
mineral, marine, forest and other
resources of the province, in
coordination with the mayors of
component cities and municipalities;
provide efficient and effective
property and supply management in
the province; and protect the funds,
credits, rights, and other properties of
the province; and;
Sec 468: Sangguniang
Panlalawigan
Adopt measures to protect the inhabitants of the province from
the harmful effects of man-made or natural disasters and
calamities
Protect the environment and impose appropriate penalties for
acts which endanger the environment, such as dynamite fishing
and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of
endangered species of flora and fauna, slash and burn farming,
and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;
Adopt measures and safeguards against pollution and for the
preservation of the natural ecosystem in the province, in
consonance with approved standards on human settlements and
environmental sanitation;
Sec 468: Sangguniang
Panlalawigan

Provide for the establishment and

maintenance of a waterworks system or
district waterworks for supplying water to
inhabitants of component cities and
municipalities;
Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases
within its territorial jurisdiction;
In summary
1. General Welfare
2. Enact local laws/ordinances
3. Regulate activities
4. Enforce laws within territory
5. Appropriate budget
6. Municipal waters
7. Appoint/designate personnel
8. Engage civil society
9. Engage national government
10. Work together: Inter-local

Source: A Legal Arsenal for the Philippines Environment, Antonio A Oposa, Jr