Republic of the Philippines

Province of Negros Oriental

Municipality of Sibulan
Barangay Bolocboloc
______________________________________________________________________________

Office of the Sangguniang Barangay

BARANGAY ORDINANCE NO. 01-2008

BOLOCBOLOC ECOLOGICAL SOLID WASTE MANAGEMENT ORDINANCE OF 2008

WHEREAS, Republic Act No. 9003 provides for an ecological solid waste management
program, creates the necessary institutional mechanisms and incentives, declares certain acts
prohibited and provides penalties for violators;

WHEREAS, Section 10 of Republic Act No 9003 provides that, Pursuant to the relevant
provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall
be primarily responsible for the implementation and enforcement of the provisions of this Act
within their respective jurisdiction”;

WHEREAS, it is the responsibility of the Local Government Unit to effectively and efficiently
implement the Solid Waste Management and Sanitation Systems, to put an end to the
indiscriminate disposal of garbage by households, commercial, industrial and institutional
establishment that causes unsanitary surroundings, pollute the environment and the spread of
communicable diseases;

WHEREAS, Barangay Bolocboloc is committed to the protection, preservation and conservation

of the eco-system, through the implementation of an integrated, comprehensive and ecological
solid waste management initiatives;

WHEREAS, the practice of waste segregation for re-use and recycling does not only reduce the
cost of collection and disposal of garbage, but also conserves natural resources and avoid the
pollution of the environment;

NOW THEREFORE, be it ordained as it is hereby ordained by the Sangguniang Barangay in

session duly assembled that:

ARTICLE I
General Provisions

Section 1. TITLE. This ordinance shall be known as the BOLOCBOLOC ECOLOGICAL

SOLID WASTE MANAGEMENT ORDINANCE of 2008.

Section 2. COVERAGE. This ordinance shall apply to all residential houses, industrial and
commercial establishments such as hotel/pension houses, restaurants, cinema houses, institutions
like hospitals, schools (Public and Private), churches, public and private offices, public places,
and other establishment of any kind and agricultural areas, parks, public playgrounds, open
spaces and transport facilities that are within the jurisdiction of the Barangay Bolocboloc
.
Section 3. AUTHORITY. This ordinance is enacted to supplement the provision of the existing
laws, ordinance, executive orders related to sanitation and Solid Waste Management.
Section 4. OBJECTIVES. The objectives of this Ordinance are the following:

a. To promote and protect the health, safety, peace, convenience and the general welfare of
the inhabitants of Barangay Bolocboloc .

b. To ensure the round the clock cleanliness of the barangay thru an orderly sanitary ways
and waste management.

c. To eradicate the unsightly, uncovered and overflowing waste containers, in streets, public
places, open spaces and the indiscriminate dumping of garbage on riverbanks, sewage
canals and other water channels.

d. To guide, control and regulate the generation, segregation, collection, transportation and
disposal of solid waste within the locality and promote an orderly and sanitary system.

e. To put an end to the practice of using LGU common open dumpsite which serves as the
breeding places of harmful insects carrying diseases, foul odor and harmful gases,
generates leachate which pollutes the soil and water resources and creates unhealthy
activities in the area.

f. To minimize pollution from harmful gases produced by needless burning, incineration and
polluted run-off of hazardous substance into water supply sources.

g. To minimize generation of solid waste going to the LGU controlled dumpsite and
maximize possible resource recovery, recycling composting and utilization, by:

1. Encouraging the salvaging of possible recoverable elements from solid waste for re-
use, and recycling back to production process;

2. Encouraging the re-cycling and resources recovery of waste in household through

backyard composting and bio-gas production;

3. Encouraging non-government organizations and the private sector participation in solid

waste management; and

4. Providing assistance and cooperation in every household and in the disposal site.

Section 5. DECLARATION OF POLICIES. It is hereby declared the policy of the Barangay to

adopt and implement a comprehensive, integrated and ecological solid waste management
program, which shall:
a. Ensure the protection of the public health and environment;

b. Utilize environmentally sound method that maximize the utilization of valuable resources
and encourage conversation and recovery;

c. Ensure proper segregation, collection, transport, storage, treatment and disposal of solid
waste;

d. Retain primary enforcement and responsibility of solid waste management with local
government units;

e. Institutionalized public participation in the development and implementation of national

and local integrated, comprehensive and ecological waste management program; and

f. Strengthen the integration of ecological solid waste management and resource

conservation and recovery topics into the academic curricula of formal and non-formal
education in order to promote environmental awareness and action among the citizenry.
 ARTICLE II
Definition of Terms

Section 6. Definition of Technical Terms as used in this Ordinance.

1. Biodegradable/Compostable – shall refer to all materials that can be reduced into finer
composition or refuse resources that are basically decomposable. There are three groups
under this category such as:
a. Animal Waste – shall refer to the waste generated from the animals like manure,
carcasses, etc.
b. Food Waste – shall refer to the waste generated from the kitchen like leftover,
vegetable, peeling, trim, fish/fowl/meat/animal entrails/innards cleaning, soft shells,
seeds, etc.
c. Garden waste – shall refer to the waste generated from the garden or plants like leaves,
weeds, flowers, twigs, branches, stems, roots, inedible seeds/fruits, etc.

2. Collection – shall refer to the act of removing waste from the source of communal storage
point.

3. Composting – shall refer to the controlled decomposition of Bio-degradable waste by micro-

organism, mainly bacteria fungi and activators under controlled conditions.

4. Compost Pit – an area dig at certain depth of the backyard used for dumping of bio-
degradable waste not reach by flood.

5. Disposal – shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any
solid waste into or in any land.

6. Establishment – refers to any structure or building used principally in conducting trades,

business or professions.

7. Hazardous/Special waste – shall refer to waste containing chemical, geological, pathological

and radiological elements, which are harmful to human lives.

8. Institutions – refers to the establishments like hospitals, schools, churches, public and private
offices, and other similar structure.

9. Leachate – shall refer to the liquid produced when waste undergo decomposition carrying with
it the water dissolved elements when collected underground which contaminates the water
supply or water source.

10. Materials Recovery Facility (MRF) – shall refer to solid waste transfer station or sorting
station, drop-off center, composting facility, and a recycling facility.

11. Non-biodegradable/Non-compostable – shall refer to all wastes that do not readily decay.
There are nine(9) groups of waste in this category:
a. Metal, tin cans, aluminum, iron, lead, copper, silver, etc.
b. Glasses, bottles, cullets (broken glass) sheets (shard) mirror, bulbs, etc.
c. Plastics, polyethylene(bags) polypropylene(straws) use sacks/containers, polyurethane
(foam mattresses), polystyrene(Styrofoam), polyvinyl(pipes, tubes, linoleum)
polyacetate(fibers, rayon cloth), etc.
d. Rubber (natural and synthetic tires, goods, etc.
e. Papers, dry papers card boards, etc.
f. Dry processed fibers, cloth, twine, etc.
g. Dry leathers, skin, feather, etc.
h. Hard shell
i. Bores, rocks and ceramics
12. Recyclable materials – shall refer to any waste retrieved from the solid waste stream and free
from contamination that can still be converted into suitable beneficial use or for other
purposes.

13. Recycling – shall refer to the treating of used or waste materials through a process of making
them suitable for beneficial use and for other purposes, and includes the process by which
solid waste materials are transformed into new products in such manner that the original
product may lose their identity and which maybe used as raw materials for the production of
other goods and services.

14. Refuse – is an inclusive term for all solid waste products consisting of garbage, refused
foods, ashes, night soil, manure, dead animals, street sweeping and commercial waste.

15. Residuals – shall refer to wastes that cannot anymore be use or recycled and to be disposed
properly.

16. Resource recovery – shall refer to the collection, extraction or recovery of recyclable
materials found in solid waste in order to promote recycling and reuse of resources and to
reduce the volume of waste for collection and disposal.

17. Segregation – shall refer to the Solid Waste Management Practices of separating different
materials found in solid waste in order to promote recycling and reuse of sources and to
reduce the volume of waste for collection and disposal.

18. Solid waste – refer to all discarded household, commercial waste, non-hazardous industrial
and institutional waste, which can be divided into several components under two (2) broad
categories, namely, Bio-degradable/compos table and Non-biodegradable/non-compostable.

19. Solid waste management – refers to systematic control of the generation, storage, collection,
transport, separation, processing, recycling, recovery and final disposal of solid waste.

20. Solid waste management committee – group of officials authorized to implement, enforce,
and regulate the proper & systematic administration of activities of the local solid waste
management.

21. Stall – refers to an open compartment of area designated for the sale or display of
commodities or foodstuffs.

22. Storage – refers to the interim containment of solid waste, after generation and prior
collection for ultimate recovery and disposal.

ARTICLE III
Barangay Solid Waste Management Committee

Section 7. Creation of the Barangay Bolocboloc Solid Waste Management Committee. There
shall be created a Barangay Bolocboloc Solid Waste Management Committee who shall be
primarily responsible for the implementation, enforcement of the ordinance and the proper
segregation and collections of Solid Waste in Barangay Bolocboloc.

Section 8. The Barangay Bolocboloc Solid Waste Management Committee shall be headed by
the Barangay Captain, as chairman with following members.
a) One Barangay Kagawad
b) Sangguniang Kabataan Chairman
c) Purok Presidents
d) Presidents of the Homeowners Associations
e) Representative from Public/Private Schools
 f) One (1) from Parents and Teachers Association President or representative
g) One (1) Religious Organization Representative
h) One (1) Jeep, Tricycle, Padjack/Community representative
i) One (1) Environmental NGO representative
j) One (1) representative from the junkshop owners association

Section 9. Functions and Responsibilities of the Barangay Solid Waste Management Committee:
a) Formulate Solid Waste Management Program consistent with municipal solid waste
management Plans.

b) Segregation and collection of bio-degradable compostable, reusable wastes.

c) Recommend measures and safeguards against pollutions and for the preservation of the
natural ecosystem.
d) Establish materials recovery facilities.

e) Allocate barangay funds, if necessary, or look for sources of funds for their barangay solid
waste management programs/projects.

f) Meet regularly for purposes of planning and coordinating the implementation of the solid
waste management plans of the respective barangays.

g) Monitor the implementation of solid waste management program.

h) Review every two (2) years or as the need arises Barangay Bolocboloc Solid Waste
Management Plan for purposes of ensuring its sustainability, viability, effectiveness and
relevance in relation to the local and international development in the field of solid waste
management.

i) Submit monthly financial and accomplishment reports to the Municipal Solid Waste
Management Board.

ARTICLE IV
Establishment of Materials Recovery Facility

Section 10. Creation of the Materials Recovery Facilities (MRF). The Barangay shall established
a Materials Recovery Facility in a barangay-owned or leased land or any suitable open space to
be determined by the barangay thru its Sanggunian Pambarangay. The facility shall be designed
to receive, sort, process and store compostable and recyclable materials efficiently and in an
environmentally sound manner.

ARTICLE V
Segregation of Waste and Storage

Section 11. Mandatory Segregation of Solid Waste. The segregation of waste shall be mandatory
Segregation shall primarily be conducted at the source to include household, institutions,
industrial, commercial and agricultural sources.

Section 12. Categories of Solid Waste. Solid Waste shall be segregated into the following
categories:
a. Biodegradable/Compostable Waste
b. Recyclable/Reusable Waste
c. Residual Waste
d. Hazardous/Special Waste
Section 13. Residential Areas:
a) Residents shall learn the categories of solid waste. These categories of waste shall be
segregated and stored at the site or place where they are produced.

b) The concerned residents shall ensure that the generated Solid Waste shall be properly
separated into different containers such as cans, sacks, bags, bins, etc., that will facilitate
sanitary, efficient handling, storage, collection, transport or disposal.

c) Public thorough lands and grounds in front or in the vicinity of residential houses shall be
kept clean and tidy by the owner or lessee of the house/building at all times.

d) Restrictions on animals shall be properly observed:

1. Bringing out of pet dogs by their owners, to defecate on the streets, sidewalks
playgrounds and other public places is prohibited.
2. Straying or roaming of animals in public places and streets is likewise prohibited.

e) Trees, shrubs, and other vegetation in front or in the vicinity of residential houses shall be
regularly cared for and maintained to minimize yard waste and unpleasant sights.

Section 14. Commercial Areas (including markets/agoras)

a) The storage containers for segregated commercial waste shall be covered and located at
places accessible for proper collection and transport process. The containers shall be properly
“marked” to distinguish the type of waste to be stored therein.

b) Enclosed communal receptacles shall be located along the collection route where the
generated waste shall be brought and stored by the stall lessee.

c) The lobby fronting sidewalks/immediate grounds of commercial establishment shall be

maintained clean and presentable by the owner, lessee of the establishment.

d) The fronting sidewalks and immediate areas of stalls/open spaces of markets/agoras shall
be kept clean and orderly by the lessee of said stall/space at all times.

Section 15. Industrial and Institutional Areas.

a) The head of industrial or institutional firm shall ensure the proper and hygienic storage of
generated and segregated wastes in receptacles/container, which shall be situated along
collection routes; the containers shall be properly marked according to the type of solid waste
stored therein.

b) Hazardous wastes shall be stored safely in good, durable and covered receptacles, which
should be located in a secured and distant site, prior to final collection, transport and disposal.

c) The head of any industrial or institutional firm shall ensure the cleanliness and orderliness
of its facilities, yards and its fronting sidewalks and street and shall be held liable for non-
compliance of said cleanliness & orderliness.

d) Hazardous waste (chemical, pathological, biological and radiological) shall be stored,

collected and transported and disposed of in accordance with applicable laws, guidelines, rules
and regulations of the environmental Management Bureau under the Dept. of Environment
and Natural Resources (DENR) and Department of Health (DOH).

Section 16. Agricultural Areas. (Including Livestock farms) Homogenous agricultural waste rice
straws, corn cobs, leaves, animals manure, etc. shall be properly stockpiled by the concerned
farmer.
 ARTICLE VI
Waste Processing and Resource Recovery

Section 17. Residential Areas.

a. Segregated recyclable shall be properly stored before collection. The recyclable shall be
collected separately and brought to recycling centers, eco-centers or junk dealers.

b. Food and kitchen waste shall be collected as fodder or feeds for animals. Those portions that
are not suitable, as fodder shall be composted or the resident backyard.

c. Resident shall avoid open burning and dumping and adopt the re-use and recycling practice.

Section 18. Commercial Areas.

a. Food waste from commercial areas (Examples-Food centers like carinderias, restaurants,
canteens, etc.) shall not be disposed to sewers.

Section 19. Industrial and Institutional Areas.

a. In industrial establishments segregation of bio-degradable and non-biodegradable waste shall
be performed to avoid fowl odors and proliferation of flies and other insects carrying
communicable diseases.

b. Public and private schools shall adopt appropriate resource recovery and recycling strategies
and it shall be included in their formal & non-formal education in order to promote
environmental awareness and action among the citizenry.

c. Hazardous waste shall be incinerated only after getting proper assistance/guidelines from
concerned government agencies, Environmental Management Bureau of the Dept. of
Environment & Natural Resources (DENR) & Dept. Of Health (DOH).

Section 20. Agricultural Areas. Agricultural waste (e.g. rice straw, corn cobs, etc.) shall not be
burned but shall be stockpiled in a proper location and composted, animal manure can also be
composted on utilized for bio-gas production.

ARTICLE VII
Collection and Transport of Solid Waste

Section 21. Residential Areas.

a. The concerned residents shall ensure that the solid wastes are brought out in front of their
gates/doors and/or along the collection route of the collection vehicle/cart during the collection
period.

b. They (concerned residents) shall report to the Barangay Solid Waste Management Committee
for any uncollected waste within the vicinity or residence.

c. The specific date and hour of garbage collection in particular locations shall be scheduled and
announced for strict compliance by all concerned.

d. Garbage disposal shall be kept inside the premises and shall only be brought outside sealed,
tied and properly placed in sacks or bags duly segregated, upon collection by the waste/garbage
haulers. In case garbage could not be collected it should be brought inside to await for collection.

e. Residential areas not covered by the garbage collection and transport of solid waste shall adopt
the compost pit type of solid waste disposal on bio-degradable waste provided that the pit is not
reach by flood and should be covered with soil, every time waste is thrown and sanitary control
measures should always be adopted.
Section 22. Commercial Areas.
a. The owner/lessee of any enterprise shall be responsible for the timely positioning of stored
solid waste during collection period which shall be made known in advance by the proper
authorities, which shall likewise assist whenever necessary in the sanitary means of loading
waste for collection purposes.

b. They shall remind the Barangay Solid Waste Management Committee in the collection of
uncollected waste and other related matters.

ARTICLE VIII
Composting

Section 23. Mandatory Composting – composting of biodegradable on site shall be mandatory in

every household and small scale establishments provided however, that in areas where there is
inadequate backyard space for composting, segregated biodegradable shall be collected
separately for a corresponding fee and brought to the composting area.

Section 24. Composting facility – each household and small-scale establishment shall provide its
own compost pit/pile as its own composting facility.

ARTICLE IX
Pollution of the Environment

Section 25. Construction, use, installation or operation of any article, machinery, production
plants, or factories shall be subject to environmental inspection, control and banning as may be
appropriate to determine possible release of air pollutants into the atmosphere.

Section 26. Burning of rubber tires in any private or public places and discharge/throwing of
garbage/waste in any irrigation/river within the barangay is strictly prohibited.

Section 27. Motor shops and repair shops of automotive vehicles are required to provide
receptacle cans for storage of used motor oil and scrap parts.

ARTICLE X
The Barangay Solid Waste Management Fund

Section 28. Establishment of Fund. There is hereby created, as a special account of Barangay
Bolocboloc, a Barangay Solid Waste Management Fund to be administered by the Barangay
Solid Waste Management Committee.

Section 29. Management of the Fund The Barangay Solid Waste Management Committee shall
develop pertinent guidelines on the management fund, provided, that reporting on the status of
the fund shall be done in a transparent manner.

Section 30. Sources of Fund. The Barangay Solid Waste Management Fund shall be sourced
from the following:
a. Donations, endowments, grants and contributions from domestic and foreign sources;

b. The Barangay allocation or share in the fines collected pursuant to Republic Act No.
9003 and its implementing Rules and Regulations;

c. Fees collected from provision of solid waste services such as collection, recycling,
and transport, among others;
 d. Sale of recyclable materials and fertilizers; and

e. The amount allocated for waste management from the Barangay Development Fund.

Section 31. Use of Fund. The Barangay Solid Waste Management Fund shall be used to support
the implementation of the Barangay Solid Waste Management Plan, including endeavors that
will enhance its implementation. These may include activities/projects on the following:
a. Products, facilities, technologies and processes to enhance proper solid waste
management;

b. Research activities;

c. Information, education, communication and monitoring activities;

d. Capability-building activities; and

e. Personal services and maintenance and other operating expenses.

ARTICLE XI
Solid Waste Management Fees

Section 32. Monthly Fees. There is hereby imposed a monthly solid waste management fee for
solid waste management services provided by the Barangay in accordance with the schedule
provided hereunder The fee collected shall from part of the Barangay Solid Waste management
Fund established under this ordinance.

Section 33. Coverage The solid waste management fees imposed herein shall be collected from
all sources of solid waste covered by the solid waste management services provided by the
Barangay.

Section 34. Fees for Households. Household shall pay a monthly solid waste management fee
as follows:
a. High residential category - Php 20.00
b. Medium residential category - Php 10.00
c. Poor and urban category - Php 5.00

Section 35. Fees for Institutions. Institutions shall pay a monthly solid waste management fee as
follows:
a. Large Institutions - Php 500.00
b. Small Institutions - Php 100.00

Section 36. Fees for Industrial Establishments. Industrial establishments shal pay a monthly
solid waste management fee as follows:
a. Large Industries - Php 500.00
b. Small Industries - Php 100.00

Section 37. Fees for Commercial Establishments. Commercial establishments shall pay a
monthly solid waste management fee as follows:
a. Large Business Establishment - Php 500.00
b. Small Food Stall - Php 20.00
c. Sari-sari Store - Php 20.00
d. General Store - Php 20.00

Section 38. Increase and/or Decrease of Fees. The fees imposed herein shall be subject to
increase after 5 years at a rate to be determined and recommended by the BSWMC subject to the
approval of the Sangguniang Barangay. Any subsequent increase or decrease shall be made
through an appropriate ordinance enacted by the Sangguniang Barangay based on results of
assessment or studies conducted for the purpose.

Section 39. The fee imposed in this article shall be paid to the barangay treasurer or his/her duly
authorized representative, either monthly or annually. If the option selected is on a monthly
basis, it shall be paid or before the fifth (5th) day of every month. If annually it shall be paid in
advance within the first twenty (20) days of January every year.

Section 40. The fees collected shall be used to pay the actual cost incurred by the barangay
government that are only directly related to the adoption and implementation of Ecological Solid
Waste Management Plans.

Section 41. Penalties. The following penalties shall be imposed for non-payment of solid waste
management fees:
a. For households – payment of the total arrears in fees plus 25% of the accumulated
amount as penalty, including the non-issuance of barangay clearance and the
suspension of collection service in case of continued and unjustified refusal to pay.
b. For institutions – payment of the total arrears in fees plus 50% of the accumulated
amount as penalty, including the non-issuance of barangay clearance and the
suspension of waste collection service in case of continued and unjustified refusal to
pay.
c. For Commercial/Industrial Establishments – payment of the total arrears in fees plus
50% of the accumulated amount as penalty, including the non-issuance of barangay
clearance and the suspension of waste collection services in case of continued and
unjustified refusal to pay.
d. For late payments, a surcharge of 25% per month of delay shall be imposed.

ARTICLE XII
Prohibition and Penalties

Section 42. Prohibited Acts – The following acts are prohibited:

a. Prohibited acts under the ordinance:
1. Littering, throwing, dumping of waste matters in public places such as roads,
sidewalks, canals, esteros or parks and establishments or causing or permitting the
same, intentional breaking of bottles and other glass materials;

2. Urinating anywhere in public places;

3. Non-compliance with the requirements on the provision of garbage cans or

receptacles;

4. Receptacles not properly secured;

5. Non-observance of the scheduled collection;

6. Waste placed outside the premises/along the collection route more than an hour
before the arrival of the garbage truck;

7. Throwing or disposing waste and other trashes, used paints or oil at the
irrigation/river within the barangay;

8. Indiscriminate dumping of biodegradable wastes;

9. Dumping of unsegregated wastes;

10. Dumping of carcasses of dead animals; and

 11. Unauthorized removal or pilferage of recyclable materials intended for collection
by authorized persons

b. Prohibited acts under RA 9003:

12. The open burning of solid waste;

13. Open dumping, burying of biodegradable or non-biodegradable materials in

flood-prone areas;

14. The mixing of source-separated recyclable materials with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;

15. The manufacture, distribution or use of non-environmentally acceptable

packaging materials;

16. Importation of consumer products packaged in non-environmentally acceptable

packaging materials;

17. Importation of toxic wastes misinterpreted as “recyclable” or “with recyclable

content”;

Section 43. Fines and penalties. The following fines and penalties shall be imposed upon the
following:
a. Any person who violates Section 42 paragraphs 1 to 11 (Prohibited acts under
the ordinance) shall be penalized as follows:
1. First Offense - Php 200.00
2. Second Offense - Php 500.00
3. Third Offense - Php 1,000.00

b. Any person who violates Section 42 paragraphs 12 to 17 (Prohibited acts

under RA 9003) shall be prosecuted and penalized under and in accordance
with the provisions of Republic Act No. 9003.

ARTICLE XIII
Procedure

Section 44. Violations under the ordinance. The following procedure shall be observed in case
of violations of section 42 paragraphs 1 to 11 (Prohibited acts under the ordinance):

1. Issuance of Citation Tickets/Receipts

Any person caught in flagrante delicto committing any of the prohibited acts
mentioned in paragraphs 1 to 10 of section 42 hereof shall be immediately issued a
citation ticket/receipt indicating an amount, which the offender shall pay by way of
compromise settlement. However, any person found committing act(s) in violation of
paragraph 11 of section 42 be deemed to have committed the crime of theft as defined
and punished in the Revised Penal Code and shall be prosecuted immediately in
accordance with paragraph 3 hereunder.

2. Rendering Community Service

Notwithstanding the above provision, the offender, except those found violating
paragraph 11, may be allowed to render community service if he/she chooses to.
After satisfactory rendition of community service, the offender shall be deemed to
have extinguished his/her liability under the ordinance.
 3. Prosecution In Court
Any offender who refuses to pay the fine by way of compromise settlement or
fails to render the required community service or those found to have violated
paragraph 11 of section 42 hereof, shall be prosecuted accordingly in the proper
court.

In the event of prosecution, it shall be the duty of the local peace officer or any
public officer charged with the enforcement of the ordinance violated, as the case
may be, to prosecute the case. Subject to the basic requirements of due process, the
proceedings to be adopted by the court shall be summary in nature in accordance with
the Revised Rules in Summary Procedures as promulgated and adopted by the courts.

Section 45. Violations under RA 9003. For violation of paragraphs 12 to 17 of section 42 of this
ordinance, both administrative and civil/criminal proceedings may be instituted:

1. Commencement of Actions
a. Complaint of Violation
Actions shall be commenced by any person or by the local government
unit itself, on its own initiatives through any of its deputized agent, by filing a
written complaint initially with the BSWM Office. Within five(5) days upon
receipt thereof of the written complaint, the BSWM Office shall determine
whether the complaint is in the nature of an administrative, civil or criminal
complaint and shall accordingly make the recommendations relative thereto.

b. Violation caught in flagrante delicto

In all cases of violations where the violator is caught in flagrante delicto
by the BSWM enforcers or any duly authorized enforcement officer, the
complaint shall be prepared, accomplished and filed with the BSWM Office
by the apprehending officer himself/herself.

2. Inspection by office
The BSWM Office may, at its own discretion, conduct an actual site
inspection/verification to determine and confirm the veracity and authenticity of the
claims and allegations contained in the complaint and that probable cause exist that a
violation has been committed.

3. Notice to violator
Upon determination of probable cause, the BSWM Officer shall issue a Notice to
the alleged violator indicating, among others, the type and nature of violation
committed and giving the concerned violator thirty (30) days within which to correct,
rectify or cease and desist from committing the violation.

4. Charge Sheet
In the event that the violator does not take any appropriate action after the lapse of
thirty (30) days and despite being sent with the required notice, the necessary charge
sheet shall be filed before the proper court of competent jurisdiction and before the
BSWMC for civil/criminal and administrative cases, respectively. The filing of the
case with the regular courts shall be pursuant to the Revised Rules on Civil/Criminal
Procedure.

5. Hearing of Administrative Case

A hearing officer designated by the BSWM Committee shall hear the
administrative case filed with the Committee. The hearing officer shall conduct the
hearing continuously until the same is terminated in accordance with the schedule
agreed by the parties but in no case shall be more than sixty (60) days from the date
of initial hearing unless the officer shall make his/her due to justifiable reasons.
 Thereafter upon termination, the hearing officer shall make his/her findings and
recommendations and submit the same to the Committee for appropriate action.

6. Nature and Procedure

Subject to the basic requirements of due process, the proceedings in the
administrative case shall be summary in nature. The technical rules of evidence in
courts of law shall not bind the designated hearing officer. The Rules of Court shall
not apply in such proceedings except in a supplementary character, whenever
applicable.

ARTICLE XIV
Miscellaneous Provisions

Section 46. REPEALING CLAUSE. All previous ordinances, executive orders, rules and
regulations or parts thereof, which are inconsistent with this Ordinance, are hereby repealed and
modified accordingly.

Section 47. SEPARABILITY CLAUSE. If, for any reasons any part or provision of this
Ordinance shall be held unconstitutional or otherwise invalid, other parts on provisions hereof
which are not affected shall continue to be in full force and effect.

Section 48. EFFECTIVITY CLAUSE. This Ordinance shall take effect on January 1, 2009.

AFFIRMATIVE:

HON. ARNULIO RAMOS HON. ELADIO GABONADA

Barangay Councilor Barangay Councilor

HON. DIONISIO TOBIAS HON. EDDIE BOY NOBLE

Barangay Councilor Barangay Councilor

HON. ADJUTOR CALIBAT HON. DELIA PAZ ARIAS

Barangay Councilor Barangay Councilor

HON. ROLANDO CORNELIA HON. RIZA MARIE DICEN

Barangay Councilor SK Chairperson

NEGATIVE: NONE

ABSENT: NONE

CERTIFIED CORRECT: ATTESTED AND CERTIFIED

TO BE DULY ADOPTED:

CAROLINE GARCIA
Barangay Secretary HON. DENNIS OMOSO
Barangay Captain