DRAFT ORDINANCE NO. 076 S.

2024

2 “AN ORDINANCE AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 124

3 SERIES OF 2023, ENTITLED “AN ORDINANCE ESTABLISHING THE ORMOC CITY

4 MINING CODE OF 2023”

6 Ordinance No. 124 s. 2023, was enacted on August 22, 2023, with the purpose of regulating the

7 operations of mining in Ormoc City and providing measures that will strengthen the enforcement

8 of laws;

9 In a letter dated January 3, 2024, addressed to SP Member Lalaine A. Marcos, the Chairperson of

10 the Committee on Environment, Natural Resources and Energy Conservation, the Environment

11 and Natural Resources Office requested the Sangguniang Panlungsod for necessary amendments

12 to the Mining Code to ensure smoother implementation and to empower the Local Government

13 Unit of Ormoc with full control over the enforcement and regulation of Ormoc City;

14 Thus, in line with the current Administration’s thrust for an effective, efficient, impartial,

15 transparent governance, together with the spirit of environmental responsibility, the City of

16 Ormoc deems it necessary to enact all possible measures and safeguards to promote the welfare

17 of the environment, the people and the City as a whole.

18

19 SECTION 1 – DEFINITION OF TERMS – For purposes of this Ordinance, the following

20 terms shall mean:

21 a. ENRO – Environment and Natural Resources Office

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22 b. CMMAB – City Mining Monitoring and Adjudicatory Board

23

24 SECTION 2 – Section 7 of the Ormoc Mining Code shall now read as follows:

25 “Section 7. Conditions on the use of Equipment and Extraction during Mining Operation

26 1. The use of backhoes and excavators in sand and gravel mining operations in

27 river systems within the city’s jurisdiction is hereby prohibited, except when

28 employed for the rehabilitation and stabilization of riverbanks, after the

29 occurrence of floodings, torrential rains, landslides, etc. Provided, that the

30 ENRO is formally informed in writing of the need for rehabilitation with the

31 approval of the City Mayor.

32 SECTION 3 – Section 17 (C)(2) of the Ormoc Mining Code shall now read as follows:

33 2. “Certification by the ENRO as to the Contractor’s compliance with the terms

34 and conditions of the permit covered by this ordinance except Gratuitous

35 Permit.”

36

37 SECTION 4 – Section 18 of the Ormoc Mining Code shall now read as follows:

38 “Section 18. Suspension and Revocation of Permit. Permits issued under this Code may

39 be suspended or revoked motu propio by the City Mayor, or upon recommendation of the

40 City Mining and Monitoring Adjudication Board based on the following:”

41

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43

44 SECTION 5 – Section 28 of the Ormoc Mining Code shall now read as follows:

45 “Section 28. Privileges Granted to Government Offices and Instrumentalities. The

46 conditions, limitations, and/or requirements prescribed in this Ordinance may be

47 suspended or dispensed with by the City Mayor or his/her deputies, upon

48 recommendation of the ENRO or in cases of gratuitous permit granted to government

49 offices/entities, or instrumentalities in need of materials for infrastructure projects.”

50

51 SECTION 6 – Section 29 (e) of the Ormoc Mining Code shall now read as follows:

52 “Section 29. Conditions and Limitations. Gratuitous permits may be issued under the

53 following conditions:

54 e. That the permittee shall submit to the ENRO a monthly report in the prescribed form,

55 and”

56

57 SECTION 7 – Section 31 of the Ormoc Mining Code shall now read as follows:

58 “Section 31. Private Gratuitous Permit. Any landowner may apply for a Private

59 Gratuitous Permit with the ENRO for the extraction, removal and utilization of quarry

60 and loose/unconsolidated materials from his/her land for a non-renewable period of sixty

61 (60) calendar days, after provided that there is adequate proof of ownership and that the

62 materials shall be for personal use.”

63

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64 SECTION 8 – Section 44 of the Ormoc Mining Code shall now read as follows:

65 “Section 44. City Mining Monitoring and Adjudication Board (CMMAB). For purposes

66 of monitoring and evaluation of the permitted areas, environmental damage assessment,

67 and hearing and deciding on forfeiture of bond for violations of the pertinent provisions

68 of this Code, a City Mining Monitoring and Adjudication Board (CMMAB) is hereby

69 constituted. The Board shall be formed by the City Mayor composed by representatives

70 of the following:”

71

72 SECTION 9 – Section 53 of the Ormoc Mining Code shall now read as follows:

73 “Section 53. Creation of Apprehending Team. There shall be an Apprehending Team

74 created through a Special Order by the City Mayor, motu propio, or upon verification of a

75 report or complaint. The Apprehending Team shall be headed by the ENRO Officer-In-

76 Charge, with at least two (2) technical personnel from the Mining Section of ENRO, a

77 Legal Officer and representatives from appropriate offices as needed.

78 The City Mayor shall coordinate the request of assistance of government law enforcers in

79 the apprehension/stoppage of illegal mining operations.”

80

81 SECTION 10 – Section 59 of the Ormoc Mining Code shall now read as follows:

82 “Section 59. Custody and Safekeeping. The Apprehending Team shall seized the items

83 confiscated by enclosing the same and putting a sign that the said items are under the

84 custody of the City Government,

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85 The person effecting the confiscation shall thereafter issue a receipt to the person from

86 whom the items were confiscated.

87

88 SECTION 11 – A new Section 60 of the Ormoc Mining Code shall be enacted and shall now

89 read as follows:

90 “Section 60. Creation of Confiscation Panel. There shall be a Confiscation Panel created

91 through a Special Order issued by the City Mayor upon receipt of the investigation report

92 submitted by the Apprehending Team, which shall be composed of the following:

93 Chairperson – City Administrator

94 Members:

95 1. At least (2) technical personnel from ENRO

96 2. One (1) City Geodetic Engineer

97 3. Legal Officer

98

99 SECTION 12 – Section 61 of the Ormoc Mining Code shall now be Section 62, and shall read

100 as follows:

101 “Section 62. Reconsideration and Appeal on the Order of Confiscation. A Motion for

102 Reconsideration (MR) may be filed within fifteen (15) days from receipt of the

103 Confiscation Order. If the MR is denied, an Appeal may be filed with the City Mayor

104 within fifteen (15) days from receipt of the denial of the MR.

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105 Shall there be no MR or Appeal filed within the reglementary period, the Confiscation

106 Order shall become final, and the City Mayor shall issue the Final Confiscation Order.”

107

108 SECTION 13. SEPARABILITY CLAUSE – If for any reason, any provision of this Ordinance

109 is declared illegal or unconstitutional, other sections or provisions hereof which are not affected

110 thereby shall continue to be in full force and effect.

111

112 SECTION 13. REPEALING CLAUSE – All previous issuances, ordinances, rules and

113 regulations or parts thereof which are inconsistent or in conflict with the provisions of this

114 Ordinance are hereby repealed or modified accordingly.

115

116 SECTION 14. EFFECTIVITY CLAUSE - This Ordinance shall take effect fifteen (15) days

117 after its publication in a local newspaper of general circulation after compliance with the

118 provisions of the Local Government Code and posting at the bulletin board at the entrance of the

119 city hall and two (2) other conspicuous places within the local government.

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