Republic of the Philippines

OFFICE OF THE SANGGUNIANG PANLUNGSOD

City of Iloilo
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL,
ILOILO TERMINAL MARKET BUILDING, J. DE LEON STREET, ILOILO CITY, ON
WEDNESDAY, JUNE 10, 2009.

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PRESENT:
HON. JED PATRICK E. MABILOG
Vice Mayor & Presiding Officer

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Mem~~o1-1rt:. _____ C"

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HON. EDUARDO L. PENAREDONDO, Floor Leader

Memh'e~~ 1:1.~;:. 1t'rD6_.IJ;go
HON. LYNDON V. ACAP
HON. ELDRID C. ANTIQUIERA
Member 'i."'~'~. . ~~
Member .1_: ri""~'f~
HON. JULIENNE L. BARONDA
HON. JOSE S. ESPINOSA III, Asst. Floor Leader
Member
HON. ELY A. ESTANTE, JR.
Member
HON. JEFFREY P. GANZON
Member
HON. JOHN MELCHOR MABILOG, SK Federation President Ex Officio Member
HON. MA. IRENE D. ONG, Liga ng mga Barangay President
Ex Officio Member
HON. ARMAND S. PARCON
Member
HQN. ANTONIO V. PESINA, JR.
Member
HQN. NIELEX C. TUPAS
Member
HON. PERLAS. ZULUETA
Member
ABSENT:
HON. ERWIN J. PLAGATA (OnSickLeave)

Member

REGULATION ORDINANCE NO. 2009-247

AN ORDINANCE FURTHER AMENDING REGULATION ORDINANCE
NO. 2005-228, OTHERWISE KNOWN AS AN ORDINANCE AMENDING
SECTION 7 OF ARTICLE III OF REGULATION ORDINANCE NO. 2003233 KNOWN AS "THE BASIC FISHERY ORDINANCE FOR THE
REGULATION, DEVELOPMENT, PROTECTION, CONSERVATION
AND DISPOSITION OF FISHERIES AND AQUATIC RESOURCES AS
WELL AS THE RELATED ACTMTIES IN THE CITY OF ILOILO"
AND FOR OTHER RELATED PURPOSES
Sponsored by Councilor Eldrid C. Antiquiera, seconded by Councilors
Eduardo L. Pefiaredondo, Nielex C. Tupas and Antonio V. Pesina, Jr.
WHEREAS, Republic Act No. 7160, otherwise known as "The Local Government Code
of 1991 ", Book 1, Chapter II, Section 16 thereof on General Welfare, explicitly provides: -

"Section 16. General Welfare. - Every local government unit shall exercise the
powers expressly granted, those necessarily implied there.from, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance, and those
which are essential to the promotion ofthe general welfare x xx"
WHEREAS, The Local Government Code of 1991 further provides in Section 458
thereof. It reads, to wit:

Reg. Ord. No. 2009-247, June IO, 2009

Page2

"Section. 458. Powers, Duties, Functions and Compensation. - xx x

(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/ and burn farming, and such other
activities which result in pollution acceleration ofeutrophication ofrivers and lakes or of
ecological imbalance;"
WHEREAS, in compliance with the Supreme Court decision in the case of MMDA, et
al., vs. Concerned Residents of Manila Bay, G.R. No. 171947, December 18, 2008, this
ordinance is designed to clean- up Iloilo River by removing all permanent fishing structures
which may obstruct the natural flow of water;
WHEREAS, Section 7 of Regulation Ordinance No. 2005-228 of Iloilo City otherwise
known as the "BASIC FISHERY ORDINANCE FOR THE REGULATION, DEVELOPMENT,
PROTECTION, CONSERVATION AND DISPOSITION OF FISHERIES AND AQUATIC
RESOURCES AS WELL AS THE RELATED ACTIVITIES IN THE CITY OF /LO/LO" which was
enacted on November 23, 2005, states, to wit:

"Section 7. Regulated Fishing Area. Fishing along the area from the Benigno
Aquino bridge (Diversion Road Bridge) to Carpenter's bridge downward to the mouth of
the river shall be limited only to sports fishing and no fishing structures will be installed
ofactive fishing methods is allowed."
WHEREAS, as a result thereof, the Department of Agriculture and other government
bodies have agreed to implement said ordinance by agreeing on a prescribed measurement of fish
pens that are allowed in Station 3 of the Iloilo River. It appears that this measure has been
violated with the indiscriminate emergence of fish pens and its measurements are over the limit;
WHEREAS, the same scenario can be found in Station 4 which is classified as a
production zone. The proliferation of said fish pens constitutes not only a direct violation of said
agreement but obstructed the flow of water, posed as navigational hazards and contributed to
river pollution;
WHEREAS, June 21, 2008 Typhoon Frank unleash heavy rains causing the worst ever
recorded flash flood to hit the City of Iloilo Philippines. Approximately 80% of the Iloilo City
went underwater because of the flood affecting 48,836 families or 244,090 persons. The damages
in agriculture and infrastructure in Iloilo due to Typhoon Frank was estimated to have reached
more than P500M;
WHEREAS, in a strict sense, Iloilo River is an estuary where it is known to contain a
biological niches and are associated with high biological diversity. The latter should be protected
to ensure reproduction of fishes and other marine life for future consumption;
WHEREAS, this measure primarily intends to protect the fishermen whose main
livelihood is anchored on fishing. Records show that the fish catch has declined through the
years. By implementing this measure, their livelihood can be guaranteed with high fish catch and
clean environment and most importantly, future generation can still avail of this source of
livelihood;

Page3

Reg. Ord. No. 2009-247, June IO. 2009

WHEREAS, the proposed resolution does not reclassify Station 4 of Iloilo River as a
production zone. It only amends the provision whereby fish pens, fish traps and other permanent
fishing structures are prohibited as a mode of fishing;
WHEREAS, other modes of fishing using non-permanent structures or implements, such
as anchor, fishing boats and the like can still be used;
WHEREAS, premises considered, this ordinance aims to promote the collective interest
not only of the Iloilo population, but the nation as a whole as Iloilo River is considered as one of
its tourism and economic landmark;

NOW, THEREFORE, BE IT ORDAINED, as it is hereby ordained by the Sangguniang

Panlungsod of Iloilo City duly assembled, THAT:
Section 1.- Section 7 of Regulation Ordinance No. 2005-228 otherwise known as the
"BASIC FISHERY ORDINANCE FOR THE REGULATION, DEVELOPMENT, PROTECTION,
CONSERVATION AND DISPOSITION OF FISHERIES AND AQUATIC RESOURCES AS
WELL AS THE RELATED ACTWITIES IN THE CITY OF !LO/LO", is hereby amended to read,
to wit:
"Section 7. Regulated Fishing Area. Fishing along the area from the mouth of
the river to the boundary of Oton shall be limited to sports fishing, except Station 4
which shall remain a production zone provided no permanent fishing structures of
active fishing methods will be allowed."
Section 2.- Except for the above amendment, all other provisions of Regulation
Ordinance No. 2003-233 shall remain in full force and effect;
Section 3. Penalty Clause. Violation of this ordinance is punishable and the schedule of
Fines and Penalties is classified based on the frequency of commission. They are as follows:
Frequency
First Offence
Second Offence

Penalty
Written Warning
Fine of One Thousand pesos (Pl,000.00)

After the second offence, any subsequent and repeated violations shall be referred to the
Prosecutors Office for appropriate action. The following penalties shall be imposed if the
violator is prosecuted and is subsequently convicted by the competent court of law: a fine of not
more than P5,000.00 pesos but not less than P2,000.00, or in case of insolvency, an
imprisonment of a minimum of one( I) day to a maximum of three (3) days at the discretion of
the court.
Section 4. Monitoring Duties. In implementing this ordinance, the City ENRO shall
conduct a regular monthly ocular inspection and monitoring of the Iloilo River to check
compliance with this ordinance. It shall refer any violations to the City Legal Officer who will
initiate the appropriate legal action with the Prosecutor's Office.
Section 5. That the City Legal Office shall send demand letter to any violators of this
ordinance and shall recommend to the Office of the City Mayor for prosecution of those who
committed the offence mentioned in Section 3 hereof for the third time. They shall also initiate
action for the proper demolition of the illegal structures;

Page4

Reg. Ord. No. 2009-247. June 10, 2009

Section 6. Effectivity- This ordinance shall take effect immediately upon approval.
ENACTED, June 10, 2009.
I hereby certify to the correctness of the above quoted ordinance.

. ARROYO
ATTESTED AND CERTIFIE?
TO BE DULY ADOPTED:

JED
RICKE. MABILOR
Vice Mayor & Presiding Officer

APPR01
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P. TRENAS

C~Mayor~
JUN 1 8 2000 / /'