Republic of the Philippines

PROVINCE OF MASBATE
CITY OF MASBATE

OFFICE OF THE SANGGUNIANG PANLUNGSOD

From the desk of Hon. Jamon J. Espares
City Councilor

PROPOSED ORDINANCE NO. 029-2022

AN ORDINANCE PRESCRIBING GUIDELINES ON ANY RECLAMATION ACTIVITIES WITHIN THE
TERRITORIAL JURISDICTION OF THE CITY OF MASBATE, SUBJECT TO CRITERIAS HEREIN SET FORTH,
AND FOR OTHER PURPOSES
WHEREAS, all local government units under Section 16 of the Local Government Code of 1991 are empowered, among
others, to exercise those powers essential to the promotion of the general welfare, promote health and
safety, enhance the right of the people to a balance ecology, maintain peace and order, preserve the
comfort and convenience of its inhabitants, enforce laws relative to the protection of the environment and
the duty to ensure the quality of the environment;
WHEREAS, the Comprehensive Land Use Plan (CLUP) serves as the link between national, regional, or provincial land
use plan to translate the City’s development goals, objectives and policies into spatial plan;
WHEREAS, the Zoning Ordinance of the City of Masbate guide, control, and regulate future growth and development of
the City, in accordance with its CLUP;
WHEREAS, pursuant to the provisions of the Local Government Code, every City, through the Sangguniang
Panlungsod, are authorized to enact an Integrated Zoning Ordinance in consonance with the approved
Comprehensive Land Use Plan subject to the provisions of existing laws, rules and regulations and in
conformity with Executive Order No. 72; and adopt measures to safeguard and conserve land, mineral,
marine, forest and other
WHEREAS, to effectively carry out the provisions of the Zoning Ordinance, the City is hereby divided into base zones
and further into overlay zones districts wherein the Barangays Kinamaligan, Espinosa, Bagumbayan,
Nursery and Ibingay were designated as Reclamation Zone within the Base Zone of the city pursuant to
Section 6 (7) of the said ordinance;
WHEREAS, the City Government of Masbate encourages the mutual cooperation of the local government and the public
and private sectors towards the sustained development of the city through development of real estate, such
as but not limited to reclamation projects, but subject to the existing laws, rules and regulations;
WHEREAS, the power to impose a tax, fee, or charge or to generate revenue under the Local Government Code shall
be exercised by the local sanggunian concerned, through an appropriate ordinance;
WHEREAS, several serious environmental impacts related to reclamation and quarrying activities on and near the river,
such as vibrations, land degradation, land subsidence and landslides, water pollution, occupational noise
pollution, and air pollution, will lead to health-related problems and loss of biodiversity;
WHEREAS, seabed quarrying requires scraping of the seabed for filling materials needed for dump-and-fill also known
as reclamation projects which causes massive damages and losses in fishing grounds that serve as
sources of livelihood for subsistence of ciudadanos fisherfolk, not to mention the irreversible destruction
these will cause on the fragile marine ecosystems that City Government of Masbate are trying to safeguard
and restore in order to be resilient against climate change;
WHEREAS, reclamation and quarrying will permanently destroy sensitive habitats of threatened flora and fauna, and will
also worsen the perennial, devastating, costly, and life-threatening floods experienced by the City especially
along the coastal areas and nearby areas;
WHEREAS, pursuant to the principle of Intergenerational Responsibility, this city recognizes that every generation has a
responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and
healthful ecology considering that the right of every ciudadanos to a clean environment, to exist from the
land, and to provide for future generations are fundamental.
WHEREAS, in harmony with the declared policy of the State, the City Government of Masbate is protecting and
promoting the health of the people and instill health consciousness among them through this ordinance;
WHEREAS, on October 6, 2022, the Presiding Officer of this body was copy furnished by the Philippine Reclamation
Authority (PRA) of its letter addressed to the Sangguniang Panlalawigan of Masbate in reference to the
Sangguniang Panlalawigan’s query during their review of City Ordinance No. 314-2022 on whether or not
this City has the authority to regulate reclamation within the city wherein the following were stated as a
guide by the Sanggunian concerned:
x x x

5. Administrative Order No. 2019-4 provides the process and requirements for the approval of
reclamation projects. Under the said AO, among the pre-qualification requirements is a City
Council Resolution expressing no objection to the proposed reclamation project; and

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Proposed Ordinance No. 029-2022
 x x x
WHEREAS, the January 5, 2023 Legal Opinion of the DILG, (the “Department” for brevity) on the extent of the power of
the City Government of Masbate to regulate and/or contain illegal reclamation and quarrying activities within
the city’s territorial jurisdiction was released on January 19, 2023 and was received by the DILG-Masbate
on January 23, 2023 wherein the Department opined that:
1. On the power of the City Government to regulate reclamation activities, Administrative Order
No. 2019-4 or the “Implementing Rules and Regulations (IRR) of Executive Order No. 74,
dated February 1, 2019 stipulated the requirements for the processing of application to reclaim
such as a City Council Resolution expressing no objection to the proposed reclamation
project. The DILG MC No. 2022-018 reiterates the responsibility of all LGU’s over projects
covered by the Philippine Environmental Impact Statement System (PEISS) to ensure that
concerned cities shall ensure that the proposed existing projects identified as Environmentally
Critical Projects (ECP) projects and in Environmentally Critical Areas (ECA) are consistent
with the development and sector plans of the city such as but not limited to CLUP. Hence, all
reclamation projects which may be identified by the DENR as Environmentally Critical Projects
(ECP) and/or those located in Environmentally Critical Areas (ECA) require some level of LGU
participation before the issuance of the specific mandatory requirements set forth in
Administrative Order No. 2019-4; and
x x x
WHEREAS, from the letter of PRA and through the said DILG Department’s Legal Opinion, it appears that the power of
the City Mayor to regulate activities through the issuance of license and permits is being upheld;
WHEREAS, the Sangguniang Panlungsod of Masbate, as the legislative body of the city, deemed it necessary to
regulate reclamation activities now being done in various areas in the city, for the sake of the environment,
to generate revenue for the general welfare of the people, and to ensure that the said development is in
consonance with the Integrated Zoning Ordinance, and the approved Comprehensive Land Use Plan of the
City;

NOW THEREFORE BE IT ORDAINED by the Sangguniang Panlungsod of the City of Masbate, in session duly
assembled, that:
SECTION 1. Title. This Ordinance shall be known as the “Guidelines on Reclamation Activities Ordinance of the
City of Masbate”.
SECTION 2. Scope. All juridical or natural persons engaged in the development of any residential, commercial,
or industrial real estate development through reclamation activities to be conducted on the
municipal waters and various waterways of the City is covered under this Ordinance.
SECTION 3. Purposes. This Ordinance is being enacted to achieve the following:
a. Streamline the various procedures being implemented by the city government in relation to the
issuance of various permits, clearances, and clearances related to any land development
activity within the City of Masbate;
b. Provide a uniform set of procedures to ensure the expeditious release or issuance of the said
permits, certificates or clearances;
c. Improve the capability of the city government to implement its Comprehensive Land Use Plan,
Comprehensive Development Plan, and Zoning and Land Development Ordinance; and
d. Promote public safety and public welfare.
SECTION 4. Definition of Terms. The following terms shall mean:
a. Applicant – refers to all juridical or natural persons engaged in the development of any
residential, commercial, or industrial real estate development such as reclamation projects to
be conducted on the municipal waters and various waterways of the City.
b. Reclamation Activity – refers to the entry of trucks, heavy equipment or constructions materials
or equipment to be used for such reclamation activities into the territorial jurisdiction of the city
c. Real Estate – refers to the land and all those items which are attached to the land. It is the
physical, tangible entity, together with all the additions or improvements on, above or below the
ground.
d. Real Estate Development – means the development of land for residential, commercial,
industrial, agricultural, institutional or recreational purposes, or any combination of such
through reclamation projects conducted on the municipal waters and various waterways of the
City.
e. Reclamation Fee – refers to the amount imposed under this Ordinance pursuant to the taxing
power of the local government of the City of Masbate.
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Proposed Ordinance No. 029-2022
 f. Reclamation Development Permit – refers to a permit issued by the Office of the City Mayor to
“applicant” upon payment of the reclamation fee as defined under Section 5(ii) of this
Ordinance, upon determination by City Planning and Development Office (CPDO) that the
proposed real estate development such as reclamation project conform with the prevailing
Comprehensive Land Use Plan and Comprehensive Development Plan of the City at the time
the application was submitted with the said office.
g. Refusal refers – to the act of refusing, despite written demand from the City Government of
Masbate, to:
i. pay reclamation fee as required herein;
ii. provide the city government through the Business Permits and Licensing Office (BPLO),
with a list of the names and addresses of the various contractors/suppliers who will work
reclamation project, as defined under Section 8 (ii) hereof; and
iii. submit a hydrological report as required under Section 8 (iii).
SECTION 5. Guidelines. The following are the guidelines under this Ordinance:
i. Reclamation Fee. All juridical or natural persons (herein referred to as “Applicant” for brevity)
engaged in the development of real estate such as reclamation projects to be conducted on
the municipal waters and various waterways within the territorial jurisdiction of the City of
Masbate are required to pay a Reclamation Fee of One Hundred Pesos (Php 100.00) per
square meter of the area subject of the proposed real estate development, pursuant to the
city’s taxing power, and the fees be paid to the City Treasurer’s Office before the start of any
development work.
ii. Reclamation Development Permit. All persons that would engage in any reclamation activities
to be conducted in the city waters regardless of the depth or area of such reclamation project
or who shall construct any structure or edifice on reclaimed land within the City of Masbate with
a total land area or total floor area exceeding 10,000 square meters for horizontal and/or
vertical accumulation of floor area, shall be required to obtain a Reclamation Development
Permit prior to the commencement of any reclamation activity which would include the entry of
trucks, heavy equipment or constructions materials or equipment to be used for such
reclamation activities into the territorial jurisdiction of the city; and shall be issued by the Office
of the City Mayor to “Applicant” upon payment to the City Treasurer's Office of the reclamation
fee, and upon determination by City Planning and Development Office (CPDO) that the
proposed real estate development such as reclamation project conform with the prevailing
Comprehensive Land Use Plan and Comprehensive Development Plan of the City at the time
the application was submitted with the said office.
iii. The CPDO shall assess the amount of Reclamation Fees to be paid based on the total land
area to be reclaimed as appearing on the Reclamation Permit issued by the Philippine
Reclamation Authority (PRA) as well as an Environmental Compliance Certificate (ECC)
issued by the appropriate office of the Department of Environment and Natural Resources
(DENR)submitted by the applicant to the said office.
iv. Failure of the applicant to pay the said fees within fifteen (15) calendar days after its receipt of
the written assessment from the CPDO shall result in the immediate disapproval of the
application. The commencement of any development works in the proposed project prior to the
payment of the Reclamation Fees and the issuance of the Reclamation Development Permit
shall result in the outright disapproval of the application, the revocation of all permits issued by
the city government in favor of the applicant, and payment by the applicant or by his/ifs
representatives, agents, or contractor/s of One Hundred Pesos (Php 100.00) for every day that
the reclamation development activities have been conducted without payment of the required
Reclamation Fees and without the requisite Reclamation Development Permit.
SECTION 6. Exemptions. Any juridical entity or natural person who shall enter into a joint venture partnership
with the city government in any real estate development such as reclamation projects within the
territorial jurisdiction of the City of Masbate shall be exempted from paying the said Reclamation
Fee.
SECTION 7. Procedures for the Issuance of Reclamation Development Permit. The following procedures shall
be observed in the issuance of any Reclamation Development Permit:
1. Application and Receipt. The applicant or developer of any reclamation development
activity/ies to be conducted in the city waters regardless of the depth or area of such
reclamation project, or the developer or contractor of any development project on any
reclaimed land within the City of Masbate with a total land area or total floor area exceeding

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Proposed Ordinance No. 029-2022
 10,000 square meters, shall submit the following documents to the Office of the Mayor thru the
City Planning and Development Office (CPDO):
a. Letter of Intent signed by the President, CEO, or owner of developer (for juridical entity),
OR owner of any real estate development such as reclamation projects;
b. Company Profile of the applicant, in cases of juridical entities, which shall include a list of
its various projects, office address, contact details, the curriculum vitae of its officers, and
the ownership structure of the company/ies that would develop the project;
c. Reclamation Permit issued by the Philippine Reclamation Authority (PRA);
d. Detailed plans related to all aspects of the proposed development project, if applicable;
and
2. Review and Recommendation.
a. The CPDO shall be required to review the said plans and to submit within ten (10) working
days thereafter a written recommendation to the Office of the Mayor whether to approve or
disapprove the application and ensure that the said application complies with the prevailing
CLUP and CDP of the City.
b. In case there is a recommendation of disapproval, Mayor's Office shall immediately notify
the applicant in writing. The applicant shall be given between (fifteen) 15 to forty-five (45)
working days within which to comply with the recommendations of the city officials
concerned. After the applicant re-submits its application, such application shall be treated
as a new application and shall again subject to the same review process provided above.
3. Determination, Approval and Reclamation Development Fee. The Office of the Mayor thru the
CPDO shall issue a Reclamation Development Permit in favor of the applicant after payment of
a Reclamation Fee prescribed herein.
SECTION 8. Prohibited Acts. The following acts shall be considered punishable under this Ordinance:
i. Failure or refusal to pay Reclamation Fees equivalent to One Hundred Pesos (Php 100.00) per
square meter of the area subject of the proposed reclamation project of the proposed
reclamation project;
ii. Failure or refusal to provide the city government through the Business Permits and Licensing
Office (BPLO), with a list of the names and addresses of the various contractors/suppliers who
will work reclamation project for purposes of assessing the proper Business Permit Fees and
Work Permits that the city government should charge against the said contractor/suppliers
within ninety (90) days from the date of approval of its reclamation permit issued by proper
government offices and/or agencies;
iii. Failure or refusal to submit a hydrological report to the City Environment and Natural
Resources Office (CENRO) and the City Engineering Office at least six (60) days prior to the
start of any development work made by an acknowledged expert in the said field that shows
that the said reclamations project would not worsen flooding within the City.
iv. Conduct of reclamation activity without the Reclamation Development Permit as required under
this ordinance.
SECTION 9. Penalties. A fine of Five Thousand Pesos (Php 5,000.00) shall be imposed to any persons who
violates Section 8 of this Ordinance shall be fined of Five Thousand Pesos, and for developers or
contractors of any development works shall cause the cancellation of license to operate for a
period of one (1) year.
SECTION 10. Repealing Clause. All previous ordinances, executive orders, rules and regulations or parts thereof
which are inconsistent with this ordinance are hereby repealed and/or modified accordingly.
SECTION 11. Separability Clause. If any provision/s of this Ordinance or the application of such provision/s to
any person or circumstances is declared invalid, the remainder of the Ordinance or the application
of such provision/s to other person/s or circumstances shall not be affected by such declaration.
SECTION 12. Effectivity Clause. This Ordinance shall take effect after compliance of the publication requirement
as provided for under Republic Act No. 7160 or the “Local Government Code of 1991”.
PROPOSED. ____________________________
X-----------------------------------------------------------------------------------------------------------------------------------------------------X

JAMON J. ESPARES
City Councilor/Author

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