MUNICIPAL ORDINANCE NOpawikan

MUNICIPAL ORDINANCE NO.
_________
AN ORDINANCE ESTABLISHING A PAWIKAN SANCTUARY IN BARANGAY

LIMBAYAN FOR THE PURPOSE OF UPHOLDING THE PROTECTION AND
CONSERVATION OF ENDANGERED AND/OR THREATENED SPECIES LIVING IN
THE AQUATIC EENVIRONMENT, OF THE MUNICIPALITY OF PARANG AND
PRESCRIBING ITS FUNCTIONS, APPROPRIATING FUNDS, AND PROVIDING
PENALTY FOR VIOLATION THEREOF.
WHEREAS, Republic Act 9147, known as the Wildlife Resources Conservation and
Protection Act of 2001, Section 2 Chapter 1 and its Implementing Rules and Regulation,
Fisheries Administrative Order 233, known as the Aquatic Wildlife Conservation of 2001 seek to
protect and conserve marine mammal which are considered rare, threatened and endangered
species and their habitats to promote ecological balance and enhance biological diversity among
other objectives;
WHEREAS, RA 8550 known as Fisheries Code of 1998 Section 11 and 97 and FAOs
185-1 and 208 also seek to conserve and protect the rare, threatened and endangered species;
WHEREAS,RA 8485 otherwise known as The Animal Welfare Act of 1998 protects and
promotes the welfare of all animals in the Philippines by supervising and regulating the
establishment and operations of all facilities utilize for breeding, maintaining, keeping, treating
or training of all animals either as object or trade3 or as households pets;
WHEREAS, to implement the provisions of these laws, rules and regulations, as well as other
related international and national laws, the Pawikan Sanctuary located in Barangay Limbayan is
organized in response to the increasing need for sea turtle protection as well as other endangered
or threatened species vulnerable to extinction;
WHEREAS, Barangay Limbayan, in the Municipality of Parang. Province of Maguindanao, is a

diverse coastal ecosystem consisting of mangroves, sea grass beds, offshore coral reefs, and
extensive sand flats which are home to many various marine species;
WHEREAS, Barangay Limbayan, in the Municipality of Parang, Province of Maguindanao, has

the highest reputed number of sea turtles returning to the shores according to a public survey.
WHEREAS, the sea turtles use the sandy beach as their location to lay their eggs wherein the
turtles return each year to the same location;
WHEREAS, the ecological balance in the Municipality of Parang, particularly in Barangay

Limbayan, is improving with the advent of statutes on wildlife conservation and preservation;
WHEREAS, wildlife among marine species, are among divine endowment to man which are to
be protected from harm because they are a part of the ecological balance and food chain;
WHEREAS, to sustain the recovery from the ecological imbalance which is triggered by
overfishing, unsustainable fishing gear, illegal fishing practices, and other related activities of
man, it is imperative to declare Sitio _______________of Barangay Limbayan, in the
Municipality of Parang, as a PAWIKAN SANCTUARY FOR AN UNDEFINED PERIOD OF
TIME.
WHEREFORE, on motion of Honorable ______________ and duly seconded by members

present the Body has,
RESOLVED, AS IT IS HEREBY RESOLVES to enact the following Ordinance:
BE IT ORDAINED, by the Sangguniang Bayan of Parang, Maguindanao, Philippines, in

session that;
Article I – OBJECTIVES
SECTION 1. This act is a Supplemental Act upholding Section 2 and Section 97 of R.A. 8550
for conservation and protection of endangered and/or threatened species;
SECTION 2. To sustain the recovery of the Municipality’s improving ecological balance.
SECTION 3. To assist various environmental conservation efforts of the Provincial Government.
SECTION 4. To standardized and systematically collect as much information as possible from

every sea turtle occurrence, to contribute to the body of scientific knowledge regarding
endangered marine species.
SECTION 5. To educate the public, particularly coastal communities, on the importance of

marine species conservation; and
SECTION 6. To develop the capacity of the municipality and important stakeholders to organize
and implement marine species conservation response.
Article II – SCOPE
SECTION 1. This ordinance shall proclaim a Pawikan Management Council within the
Municipality of Parang that shall govern the provision of rules and regulations contributory to
the maintenance of the conservation and protection of endangered marine species and the
imposition of fees and penalties for violators within the territorial jurisdiction of the Municipality
of Parang in the Province of Maguindanao.
SECTION 2. This ordinance shall result in the establishment of a sea turtle sanctuary in
the Barangay of Limbayan, in the Municipality of Parang, Province of Maguindanao.
Article III – DEFINITION OF TERMS
SECTION 1. Definition of terms – When used in this Ordinance, the following terms
shall have the corresponding meaning.
1. Aquatic Environment – The area described, be it saline or fresh water, as covered or

affected by water sources at any time during the year, inclusive of changes in tide levels.
2. Fishing – Any practices that result in the capture, harvest, or collection of marine
organisms for purposes of consumption, profit, or livelihood.
3. Hunting – The purposeful practice of targeting a specific species for capture, harvest, or
collection for the purposes of consumption, profit, or livelihood.
4. Capture – The practice of obtaining marine species with or without the assistance of gear
and/or technology.
5. Exploit – The practice of taking advantage of a resource for personal gain. In this
Ordinance, the term “exploit” is used to reference the action of consuming a natural
resource without aims to conserve or protect the resource or long term sustainability
strategies.
6. Endangered – Endangered and/or threatened species herein mentioned specifically meant;
sea turtle (“pawikan”), manta ray (“pague”), seashells (“samung”), and other species in
danger of extinction not mentioned hereto.
7. Coral Reef – “Bahura” – The marine ecosystem that harbors many species of marine
organisms, composed of
8. Sea Grass bed – “Kalusayhan” – The marine ecosystem that is located on sandy bottom
substrate, composed of numerous types of sea grass species used as habitat and a food
source for marine organisms.
9. Mangroves – “Bakawan” – The marine ecosystem that is located at the conjunction of
saline water and terrestrial habitat. This primarily tree habitat is commonly used as a
nursery/breeding ground for many species.
Article IV – CREATION OF PAWIKAN MANAGEMENT COUNCIL
SECTION 1. The Pawikan Management Council shall be responsible for:
1. The information dissemination of conservation awareness to public stakeholders,

2. The collection of sea turtle data from sightings in the Municipality of Parang,
3. The management of the design, construction, and maintenance of the proposed Pawikan
Hatchery and Meeting Hall, and,
4. The continued interest in protecting endangered or threatened marine species within the
jurisdiction of the Municipality of Parang.
SECTION 2. The Pawikan Management Council shall be composed of:
1. Honorary Chairman – Municipal Mayor

2. Executive Chairman –
3. Vice Chairman –
4. Secretary –
5. Finance Committee
1. Chairman – Municipal Treasurer
2. Vice Chairman – Municipal Accountant
3. Member – Municipal Budget Officer
6. Education and Training Committee
1. Chairman – Municipal Planning and Development Officer
2. Vice Chairman – Environment and Natural Resources Officer
3. Member –
4. Member –
7. Law Enforcement Committee
1. Chairman –
2. Vice Chairman – Municipal Fisheries and Aquatic Resource Management Officer
3. Member – Bureau of Fisheries and Aquatic Resources representative
8. Management and Operations Committee
1. Chairman –
2. Vice Chairman –
3. Member – Department of Environment and Natural Resources representative
Article V – GENERAL PROVISIONS
SECTION 1. No person shall be allowed to fish, hunt, injure, or capture endangered or
threatened wildlife within the aquatic or terrestrial jurisdiction of the Pawikan Sanctuary in
Barangay Limbayan in the Municipality of Parang except:
1. When it endangers lives of persons and property

2. When it will be used to save lives and property
3. When it will contribute to research, knowledge, and further advancement of the
protection of endangered marine species.
However, when it shall be used to save lives and property and for educational purpose, a permit
shall be secured from the Office of the Municipal Mayor based on the Certification from the
Barangay Captain and/or endorsement from the appropriate authorities/agencies concerned.
Article VI – SPECIFIC PROHIBITIONS
The following acts shall constitute a violation of this Ordinance:
SECTION 1. Purposeful fishing, hunting, exploiting, or capturing of sea turtles and other
endangered marine species.
SECTION 2. Killing, wounding, taking, destroying, exploiting, disturbing, or removing the nest,
eggs, or any part of the reproductive cycle of sea turtles or other endangered marine species.
SECTION 3. Destruction of marine habitats crucial for the survival of endangered marine
species, notably, coral reef, sea grass beds, and mangrove habitats.
Article VII – MISCELLANEOUS PROVISIONS
SECTION 1. No permit shall be issued to any person or entity where the purpose for
which it is intended runs counter with the principle of life preservation of sea turtles and other
endangered marine species except under the circumstance under Art. IV. Sec 1.
SECTION 2. Any person may institute legal action against any one violating this
Ordinance.
Article VIII – ADMINISTRATIVE FINES
SECTION 1. Any person or entity found violating this Ordinance shall be made to pay a fine of
One Thousand (1,000.00) pesos for every violation hereof.
SECTION 2. The fines collected from violation of this Ordinance shall be distributed fifty
percent (50%) to the Barangay concerned, and fifty percent (50%) to the Pawikan Management
Council.
SECTION 3. The violation fees entering the Pawikan Management Council account shall be
used solely for the purpose of furthering conservation practices as deemed suitable by the
Executive Chairman.
Article VIIII – FINAL PROVISIONS
SECTION 1. Penalty Clause. Violation of any provision of this Ordinance shall be
punishable with an imprisonment of not more than one (1) month or a fine of not more than Two
Thousand (2,000.00) pesos or both at the discretion of the court.
SECTION 2. Repealing Clause. Any Ordinance of regulatory provision inconsistent with
any of the provision of this Ordinance is hereby amended.
SECTION 3. Separability Clause. If for any reason any part of the provisions of this
Ordinance shall be held to be unconstitutional or invalid, part or provisions hereof which are
affected thereby shall continue to be in force and effect.
SECTION 4. Effectivity – This Ordinance shall take effect immediately upon approval.

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MUNICIPAL ORDINANCE NO.

AN ORDINANCE ESTABLISHING A PAWIKAN SANCTUARY IN BARANGAY

WHEREAS, Barangay Limbayan, in the Municipality of Parang. Province of Maguindanao, is a

WHEREAS, Barangay Limbayan, in the Municipality of Parang, Province of Maguindanao, has

WHEREAS, the ecological balance in the Municipality of Parang, particularly in Barangay

WHEREFORE, on motion of Honorable ______________ and duly seconded by members

RESOLVED, AS IT IS HEREBY RESOLVES to enact the following Ordinance:

BE IT ORDAINED, by the Sangguniang Bayan of Parang, Maguindanao, Philippines, in

SECTION 2. To sustain the recovery of the Municipality’s improving ecological balance.

SECTION 3. To assist various environmental conservation efforts of the Provincial Government.

SECTION 4. To standardized and systematically collect as much information as possible from

SECTION 5. To educate the public, particularly coastal communities, on the importance of

1. Aquatic Environment – The area described, be it saline or fresh water, as covered or

Article IV – CREATION OF PAWIKAN MANAGEMENT COUNCIL

SECTION 1. The Pawikan Management Council shall be responsible for:

1. The information dissemination of conservation awareness to public stakeholders,

SECTION 2. The Pawikan Management Council shall be composed of:

1. Honorary Chairman – Municipal Mayor

Article V – GENERAL PROVISIONS

1. When it endangers lives of persons and property

Article VI – SPECIFIC PROHIBITIONS

The following acts shall constitute a violation of this Ordinance:

Article VII – MISCELLANEOUS PROVISIONS

Article VIII – ADMINISTRATIVE FINES

Article VIIII – FINAL PROVISIONS

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