CHAPTER 8LOCAL GOVERNANCE 72000

IN his book of the same title, a long-time Speaker of the U.S. House of Representatives, observed that “All politics is local.” He was referring to the fact that although national politicians appear to be engrossed in issues of national import, for a politician to have a solid power base, he must address the very local, and often personal, needs of his constituents and ward leaders.

There are two kinds of politics. The “game” of trying to arrive at a position of power is the periodic exercise known as “elections.” In the olden days, the people chose whoever they believed were the strongest and the wisest. These days, it is generally organized groups and “political parties.” First, these parties select “candidates,” then the constituency chooses from this list of candidates. More often than not, it is not the wisest and the best but the one who has the deepest pockets that get into positions of power.

In popular understanding, the manner by which people try so hard to get into positions of power, and the ways by which they try to amass greater power in any organization, is commonly referred to as “politics.” This is but one aspect of it, the popular face of partisan politics. Every now and then, it rears its ugly head, and gives the game of politics a bad name.

However, politics, in its essence, is not that. Politics is the governance of human society that fulfills the third imperative of all animal life—social organization. As far as humans are concerned, leadership and good governance mean guiding the minds of other humans in the right direction.

The kind of politics that will be discussed here is the second kind—the game of using available power to effect change for the common good. If any change must take place at all to reverse the ongoing destruction and wanton abuse, it must do so at the broadest local level.

“Subsidiarity” comes from two Latin words: sub, which means “under” or “beneath,” and sedere which means “to sit.” The principle of subsidiarity, therefore, states that decisions which affect a community must be made “to sit” on the lowest possible level of political and social organization. In practice, this means that the people who stand to be affected by the decision should be made part of the decision-making process. This must be so

because, after all, the people who live in an area, know the place better than others; they are the ones who will be directly affected by the decision to be made. The local leaders are personally known by their constituents, so the principle of accountability becomes more personal and immediate. It is their local resources that will be affected by the decisions taken. From the environmental point of view, these resources when used, will forever be gone and unavailable to the local community in the future.

Closely related to the principle of subsidiarity is the principle of participation. The people who are affected must take part in the decision-making process. In its most genuine sense, therefore, the local communities are the principal “stakeholders.” As such, it is but right and proper that the local community be given the responsibility to chart its own course and consulted and its concerns taken into consideration before a project that will have an impact on the environment is undertaken. People must be made to participate in the monitoring of the environmental impact of any project or activity and given ample resources to carry out these responsibilities and duties.

The Philippine experienceThe principles of local governance become even more important in a country like the Philippines because of its archipelagic nature. Political units in the scattered islands are far removed from one another and from the seat of government. Simple and commonsensical as it may seem, however, that has not been the history of the Philippines’ local governance.

Much of the Philippine experience in local governance is the story of a colonial government exercising centralized authority over the rest of the archipelago. Between the 16th century and the latter part of the 19th century, it was the Spanish colonial government. At the turn of the 20th century it was the Americans. Between 1941 and 1945, it was the Japanese. And then between 1972 to 1986, there was first Martial Law, followed by the authoritarian government of Ferdinand Marcos. By the very nature of its political configuration, a colonial or authoritarian form of government seeks to centralize political power. It is in this context that the experience of Philippine local governance has been highly centralized.

However, that is not to say that there were no efforts to decentralize power even in the early stages of Philippine history. It started with the Malolos Constitution of 1898, which directed that the government must observe

the(most liberal policy of decentralization and administrative autonomy).

It took all of 60 years before the principle of decentralization was made into law. The first local autonomy law (RA 2264) was passed in 1959. It vested the city and municipal governments with increased fiscal, planning, and regulatory powers necessary to manage the local affairs of the municipality. The law also gave the local governments the power to adopt planning and zoning ordinances.

In the same year, the Barrio Charter Act was passed to transform the barrio into a quasi-municipal corporation vested with powers to pass local ordinances and to raise its own sources of revenue. The barrio (now called the barangay) is the smallest political unit in the Philippines. It is headed by an elected group of “semi” non-partisan village officials composed of the Chairman of Barangay Kapitan and members of the barangay’s own legislative council, the Sangguniang Barangay.

A few years later, another law (RA 5185) was passed. It was known as the Decentralization Act of 1967, and it increased the financial resources of local governments and broadened the area for decision-making over administrative and financial matters. This policy direction was reiterated and enshrined in the 1973 Constitution. And then again, the 1987 Constitution made even more explicit mention of local governments and local autonomy.

In 1991, a landmark law known as the Local Government Code was enacted to institutionalize the system of decentralization (RA 7160). In broad strokes, the Local Government Code devolved the responsibility for basic services such as health care, infrastructure, environment, agriculture, and social welfare, and transferred the enforcement of certain regulatory and licensing powers (e.g., locational clearances and development permits). It increased the Internal Revenue Allotment (IRA) of local governments, granted local governments a share in the revenues derived from the natural wealth (e.g., mining, logging, oil, etc.), and expanded the local government unit’s (LGU) structure with mandatory and optional positions (e.g., an environment and natural resources officer is mandatory for municipalities that rely heavily on the extraction of natural resources, and optional in other municipalities. The code transformed the relationship between national and local government agencies from patronage to partnership, and broadened the processes of governance beyond the confines of the formal structure and promotes governance by partnership with civil society.

For environmental management concerns, it is important to know that local governments are now responsible for land use planning, waste management, water supply and sewerage, park development and maintenance, the enforcement of environmental laws, disaster relief and rehabilitation, health and social services, public transportation and management, and housing provisions.

Success stories in local governmentWHILE many of the local government units are still groping with the powers and resources suddenly afforded by the Local Government Code, some innovative local officials have seized the chance to make a difference. In their respective localities these officials saw the convergence of need and opportunity, and successfully effected creative changes and solutions to the difficult problems of their communities.

The common and most encompassing provision of the Local Government Code is the General Welfare Clause. In general terms, the local governments are given the power to look after the general welfare of its constituents.

“SEC. 16. GENERAL WELFARE. Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”

The real power in local government administration lies not in the provincial office but at the city or municipal level. The Governor of a province, practically speaking, has very little power. However, a good provincial Governor is one who can use the prestige and influence of his office to bring about needed changes.

Let us take the example of municipal waters. The jurisdiction over municipal waters lies within the enforcement powers of the Mayor and the local Sangguniang. The Governor, however, could use his office to launch a massive campaign against destructive fishing practices on a province-wide scale and monitor the progress closely. He can even provide the resources for the campaign. However, the key player will always be the Mayor.

The basic services and facilities that must be provided by the local government, from the municipality to the province, is contained in Section 17 of the Local Government Code.

For a municipality and city: “Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation.”—Sec. 17 (2)(vi) and (4)

“Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers (5,000 hectares); establishment of tree parks, greenbelts, and similar forest development projects. — Sec 17, (b)(2),(ii)

“…Provide for an efficient and effective system of solid waste and garbage collection and disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes.”—Sec. 447, (5) (xii), Duties of the Sangguniang Bayan

Duties of the Sangguniang Bayan In 1990, Puerto Princesa was like any ordinary city in the backwoods of a third world country, with littered streets and dirty surroundings. What made Puerto Princesa quite special, however, was that it was the capital city of the island province of Palawan, known as the last frontier of wilderness in the Philippines. The 1992 elections brought to City Hall a new face in the person of the Mayor. A half-breed Filipino with European descent, his reputation as a tough guy preceded him. Politically the new mayor was quite isolated; members of the city council were his political adversaries. Making new ordinances was therefore not a politically feasible option.

But the Mayor had a simple idea. He saw that there was litter in the streets and wanted to clean it. He researched the local ordinances and saw that the

laws were in place. Figuratively and literally, he took up the broom and started cleaning the streets. To engage the help of the youth, the new Mayor went from school to school for a massive information dissemination campaign.

In a mere six months, the place became clean. In a mere one year, the Mayor was able to effect a change in the mindset of the people. The story has been told, and retold, that the cleanliness program has become so successful that if today you threw litter in the streets, chances are that a child may just come up to you, pick it up and throw it in the garbage can. To enhance the natural urban environment, the local government also initiated a greening campaign and planted trees and ornamentals in the roadsides and hills.

Building on the success of this activity, the local government then turned its attention to the rampant illegal logging, slash-and-burn farming, and dynamite fishing that was happening daily in the vast territorial area of Puerto Princesa City. The Bantay Puerto program was organized. There was one task force assigned to counter illegal logging, slash-and-burn farming, and other illegal land-based activities, and another task force assigned to control illegal sea-based activities—dynamite fishing, cyanide fishing, etc.

The campaign led to two significant events in the arena of environmental law enforcement. For one, it marked one of the first attempts at legal innovation in local governance. To deter slash-and-burn farming, the Mayor announced over public radio that henceforth, people who will be caught doing slash-and-burn farming will not be simply charged for violation of forestry laws, but charged with the capital crime of arson. This caused a major upheaval among all concerned.

In marine protection, the local government’s efforts to protect its seas led to what is now a landmark legal case in local eco-governance. The local government unit banned the export of live fish from Palawan, fish that were usually caught with the use of cyanide. This move was challenged in court, mainly by people who were financially affected by the stoppage of the illegal trade. In a milestone decision, the Supreme Court upheld the power of the local governments to pass and enforce laws needed to protect the marine environment. In the stirring closing lines of the decision, the highest court of the land called upon other local government units to “be roused from their lethargy and adopt a more vigilant stand against the decimation of

our legacy to future generations…for any further delay may prove disastrous, if not irreversible.”

The city of Puerto Princesa, under the leadership of then Mayor Edward Hagedorn, has since garnered numerous local and international environmental award in the field of good governance and environmental. These awards range from being enshrined the nationally prestigious Galing Pook and Clean and Green Program to the internationally celebrated UNEP Global 500 Roll of Honor. It started as a humble desire to take up a broomstick to clean the city, and as they say, the rest is history.

Health and sanitation problems in cities are often compounded when garbage is left unattended. The first integrated garbage collection scheme in the Philippines was launched by the Olongapo City government in September 1989. This came after a massive information drive to encourage cleanliness and explain the program. Unique aspects of this simple initiative included the use of plastic bags for garbage collection and the levying of garbage fees depending on the amount of garbage and the nature of the establishment.

City officials say that public acceptance was crucial to the success of the program. That acceptance was achieved through an energetic communication campaign that included school poster contests, barangay cleanliness drives, and even the composition of a special “jingle” played on the eight garbage trucks’ public address systems as they rolled down the streets.

After extensive product testing, the city government found recyclable plastic bags of standard size to be the best container. Residents now put out their plastic bags twice weekly and pay P10-P20 a month for the service. Business establishments have garbage collected daily by uniformed garbage collectors and pay P30-P300 annually, The city government generates P6 million from this service. Since the program costs P4 million per year, the city nets revenues of P2 million annually through garbage collection.

As a result of the city government’s efforts, garbage piles have been eliminated in Olongapo, and the burning and tossing of garbage in rivers has abated. Even jeepneys have special plastic bags for use by passengers.

Over 50 local government units from nine of the country’s 14 regions have

come to Olongapo to inspect this garbage collection system and other innovations of the city government. Several of these LGUs have already begun replicating the program in their own jurisdictions.

The 40,000 residents in 28 barangays of Irosin, Sorsogon were the key players of a beautification program, in coordination with their respective councils. From previously dirty and disorderly barangays, cleanliness and beautification goals were achieved as shown by creative and indigenous fencing of residences and roadside improvement. Twenty-three Barangay Tripartite Partnerships for the Uplands were federated at the municipal level. Community gardens using the idle lands, which were collectively tilled, provided additional income to the communities.

An Irosin Center for Traditional Medicine was also established in each barangay. The multi-sectoral groups effectively curbed illegal tree cutting and organized regular tree planting and maintenance activities especially in the watershed areas. Because of the program, the day-to-day business of ecological preservation and development has become a municipal-wide responsibility of various sectors. By overcoming apathy and factionalism, the program has elicited the residents’ drive for excellence, spirit of cooperation and healthy competition.

Conceived in 1994 and implemented by the local government unit, the Sta. Maria Economic Foundation, an NGO and a private enterprise, a garbage-to-fertilizer program in Sta. Maria, Bulacan was designed as a self-sustaining operation that aimed to institutionalize zero waste management in the municipality. It included activities such as the separation of biodegradable and non-biodegradable wastes, a collection and delivery of wastes to the plant, processing and recycling, product marketing and others. Biodegradable wastes, which represented 38% of the total garbage collected per day, are now recycled into organic fertilizer that, in turn, improved production yields of rice and vegetable farms, while the non-bio-degradables are sold to recyclers and manufacturers.

The waste processing and recycling facility is capable of producing 90 bags of organic fertilizer daily or 2,700 bags worth P100 each. The organic fertilizer produced from recycling is environment-friendly because it is not acidic and enhances the fertility of the soil at a higher rate than commercial chemical fertilizers.

The Reduction-Recovery-Re-use concept in waste disposal was made successful with the participation of the people in segregating their waste and with strong discipline and a new mindset that waste can be made more productive. Benefits to residents are not limited to livelihood activities but also includes protection from pollution, flood and epidemic. In addition, without the recycling plan, the municipal government would have faced problems in health and sanitation and would have spent more money in acquiring an additional dump site to accommodate the increasing volume of garbage generated in the municipality.

Aparri, the northernmost province in the Island of Luzon, is composed of 42 barangays, three of which are located in the coastal areas—San Antonio, Punta, and Maura—with a combined population of nearly 15,000. The seashores of these barangays were commonly known as the “longest toilet in the world” because the residents defecated and dumped their garbage in these areas as far back as their ancestors could remember. These unsanitary practices led to high incidence of respiratory diseases and increased morbidity and mortality among the residents.

Alarmed by this negative impact, the municipal government, with a medical doctor as Mayor, conceived a program in 1993 to eradicate the practice of using the seashores as defecation areas and dumpsites. Activities undertaken were dialogues and consultations with the residents, massive information and education campaign on the importance of a healthy body and healthy mind, clean surroundings as well as protection and conservation of the coastal environment.

In addition, the municipal government implemented the following interventions: delivery of health services such as free regular check-up, distribution of medicines, construction and maintenance of public toilets by the users, installation of shallow pump wells, collection of garbage, establishment of a land-fill site in Barangay Maura, planting of trees along the seashores and creation of job opportunities through the municipal government’s self-employment assistance. Municipal ordinances were translated into barangay ordinances to give teeth to law enforcement at the lowest level of governance.

After several years of program implementation, mortality and morbidity rates dramatically declined, coupled with a total eradication of malnutrition.

All the households now had access to public toilets and potable water, within a short distance from their homes. The natural beauty of the shoreline was restored and converted into a favorite tourist destination attracting local and overseas tourists.

Hotels, restaurants, and beach sheds were established with increasing occupancy rates. Around 202 poor families were provided with livelihood assistance which increased their income by 50-150%. Tax collection substantially improved. These accomplishments were the result of changes in attitude and behavior of the people towards health and environment.

“Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of livestock and poultry, fingerlings, and other seedling materials for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution channels, preferably through cooperatives; inter-barangay irrigation system; water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves. - Sec.17, (b)(2)(i), Basic Functions of a City or Municipality include

Blessed with a highly diverse and productive marine ecosystem of coral reefs, mangroves and seagrass beds, Sagay, a newly-created city in the province of Negros Occidental, was famous for its lucrative fishing industry. It was an important source of livelihood for 32% of the population. The massive exploitation of Sagay’s coastal and marine resources led to their degradation, thus endangering the economic base of the poor and marginalized fishers.

This situation prompted the local government unit to initiate a marine conservation program in the 1970s. In August 1995, Presidential Proclamation 592 was passed declaring 31,200 hectares of the city’s territorial waters a protected seascape. The area is popularly known as the Sagay Marine Reserve, which was established to preserve and maintain a highly productive, biologically diversified, and ecologically balanced marine ecosystem through community-based management.

The marine reserve is administered by the Protected Area Management

Board (PAMB) headed by the city mayor. The PAMB was composed of three divisions—Resource Management, Social Development and Law Enforcement. With its leadership, backed by the Bantay Dagat of the city, illegal and destructive fishing practices were virtually eradicated.

Law enforcement was strengthened through the installation of watch towers in Carbin and Maca islands and the acquisition of surveillance equipment. These protection efforts, coupled with mangrove reforestation, increased fish production and brought about the reappearance of marine species previously believed to be extinct. The program facilitated the formation of nine cooperatives/associations of small fishers. In addition training programs in coastal resource management, health, sanitation, as well as values reorientation, land-based livelihood activities, and sustainable fishing methods (e.g., fish traps) were conducted. In the end, fisher’s income rose dramatically.

Palompon is one of the oldest and largest municipalities in the province of Leyte. It used to be a haven of diverse mangrove species, local and migratory birds, and coral reefs that provided a favorable spawning and breeding ground for marine life. However, during the past two decades, indiscriminate cutting of mangroves, unregulated catching of fish during spawning seasons, rampant illegal fishing, uncontrolled extraction of coral stones and other destructive fishing methods were left unchecked. This led to a serious deterioration of valuable marine resources. The wanton destruction of these resources threatened the livelihood of 80-90% of the residents in the coastal barangays.

An ecological amelioration program was launched to restore, protect, and manage marine resources. This was done through the passage and strict enforcement of municipal ordinances related to the environment, environmental advocacy, networking and community organizations for livelihood projects. After more than a year of program implementation, the cutting of mangroves, illegal and destructive fishing methods, extraction of corals and hunting of birds in the islands was entirely stopped. Fishers who used illegal and destructive methods in the past now employ sustainable fishing methods like fish corrals, bamboo fish traps, spear fishing, hook-and-line. The fishers, whose average catch was between three and four kilos for 10 hours of fishing, reported that their catch increased to four to seven kilos for 6-8 hours of fishing.

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In Tabuk Islet, around 2,000 wild ducks and other migratory birds belonging to more than twenty rare species feast on fish and other marines products and playfully enjoy the serenity of the area. A night tour around the Tabuk islet shows schools of fish of different species leaping out of the sea and dashing about in all directions. Palompon enforced the approved ordinances and legislation through citizen action, police power, intensive surveillance, and public vigilance. The program’s effectiveness raised public morale and developed the people’s confidence in their municipal government.

Coral Reefs of Zambales

The depletion of marine resources in the island of San Salvador remained unabated through the years, as residents of this island and other coastal communities used destructive fishing methods like cyanide, explosives and fine mesh nets and traps called “kunay”.

The local officials and the community in the 400-hectare island united their efforts to protect and preserve the coral reefs. The municipal government of Masinloc declared the 127-hectare portion of the municipal water adjacent to the island as a fish sanctuary and additional coastal areas as a marine reserve. The Department of Environment and Natural Resources, University of the Philippines and concerned environmental groups like the Haribon Foundation and Jaime V. Ongpin Foundation provided assistance to the local government and the island community.

An environment management committee called the Lupong Tagapangasiwa ng Kalikasan (LTK) composed of island residents, barangay leaders and the Bantay Dagat was organized and its members trained on how to safeguard, monitor, and conserve the marine sanctuary and other reserved areas. Tree seedlings and mangroves were planted in deforested areas. Environmental education and training programs were conducted. After a year, the number of fishermen using illegal fishing methods decreased by 81% to 100%.

Marine resources also became abundant and diversified while the number of fish per 500 square meters increased by 29%, from 311 to 402, after only one year. The protection of the fish sanctuary benefited not only the residents of the island but also the entire fishing sector of Masinloc and other nearby provinces with the increase in fish supply.

Environmental AwarenessEco-Walk - Baguio City

A random survey of school children in Baguio City showed that only a few understood the inter-connectedness of water coming out of their faucets with the forest. In addition, none of the children had seen or gone to a forest. This realization gave birth to Eco-walk, a program that aims to create environmental awareness among children through an experiential learning and value enhancing process.

Conceived in 1992, the project is a joint undertaking of the city government with the schoolteachers, government employees, barangay officials, the youth and socio-civic organizations. The activities include the following: guided hikes to Busol watershed twice a week, observation tour of the flora and fauna, lectures on the effects of squatting, timber logging, water resource depletion, and how these relate to climatic change. Other activities include environment-related quizzes and songs, picnics, and tree planting.

The children reforested a barren area called “muyong” (Ifugao) or man-made forest which they visit regularly. The continuous presence of children who came in groups acted as a deterrent to potential squatters and tree poachers.

A total of 25,000 tree seedlings were planted and continually tended by as many children. The children saw that the high rate of survival of trees ensured the availability of water from Busol which supplied 35% of Baguio’s water requirements. Strong volunteerism, active involvement of barangay officials, NGOs and the private sector with the support of the city mayor are among the key success factors of the project.

Eco-walk has turned the Baguio Re-greening Movement into a community-wide undertaking composed of volunteer guides from different sectors who have contributed funds to sustain the project. Proceeds from other fund-raising drives were used to construct picnic sheds, purchase tools and equipment and establish a nursery.

This Eco-walk program was finally internationally recognized when it was inscribed in the prestigious UNEP Global 500 Roll of Honor Award in the year 2002.

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SEC. 18. POWER TO GENERATE AND APPLY RESOURCES. Local

government units shall have the power and authority to establish an organization that shall be responsible for the efficient and effective implementation of their development plans, program objectives and priorities; to create their own sources of revenues and to levy taxes, fees, and charges which shall accrue exclusively for their use and disposition and which shall be retained by them; to have a just share in national taxes which shall be automatically and directly released to them without need of any further action; to have an equitable share in the proceeds from the utilization and development of the national wealth and resources within their respective territorial jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire, develop, lease, encumber, alienate, or otherwise dispose of real or personal property held by them in their proprietary capacity and to apply their resources and assets for productive, developmental, or welfare purposes, in the exercise or furtherance of their governmental or proprietary powers and functions and thereby ensure their development into self-reliant communities and active participants in the attainment of national goals.

Environmental Resource ManagementBais City, Negros Oriental

During the sugar crisis in the 1980’s, Bais City, whose economy was dependent on sugar, experienced social unrest brought about by unemployment. This led to increased insurgency, massive destruction of the forest (only 500 hectares left of the 13,000 hectares of rainforest) due to illegal logging, kaingin (slash and burn agriculture), and charcoal making, illegal and destructive fishing, squatting along river banks and mangrove areas. In addition, only 10%, of the population owned 90% of the total land area. Around 65% lived below the poverty line. The displaced workers of sugar plantations became marginal hillyland farmers and artisanal fishers, which increased the pressure on the city’s already degraded natural resources. Compounding these problems were concerns on soil erosion, flash floods, and watershed degradation.

This prompted the city government to undertake a program in 1993 with a jingle entitled: “This Time Make It Bais, It’s Yours to Discover.” The program showcased a comprehensive and integrated ecosystem approach laid out in a 10-year development plan. The program included the following packages: beautification for ecological security and tourism; nature appreciation tours; agri-reforestation; local integrated ventures for effective acceleration of fishery resources; local integrated ventures for upland agriculture. Bais City was identified as one of the economic corridors of Negros Oriental, a site for ecozone development, agri-based processing and

eco-tourism. As a result of the program, a strong middle class was created. Unemployment was reduced by 56% and eco-tourism blossomed with increased arrivals of foreign and local visitors, (around 500 monthly) to see the dolphins and whales as the city’s unique attraction.

The program also introduced new techniques in cloning mango, new methods of farming, mangroves rehabilitation and fishing techniques like sea ranching for shells and fish. This intervention increased the income of the marginalized workers by 30 to 50 percent. These livelihood activities eliminated in the process illegal and destructive fishing. The dynamic eco-tourism industry generated employment opportunities for the city and made it attractive to businessmen and investors interested in setting up environment-friendly enterprises.

.......................................................................................................Local Mandate to Protect the EnvironmentAdopt adequate measures to safeguard and conserve land, mineral,

marine, forest, and other resources of the municipality; provided efficient and effective property and supply management in the municipality; and protect the funds, credits, rights and other properties of the municipality.

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, slash and burn farming, and such other activities which results in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance.

Sec. 444 (3) (vii) and Sec. 447 (1) (vi)

River Restoration

Banks of the Marikina RiverMetro Manila

A few years ago, people were avoiding passing through the Marikina River because of its unpleasant surrounding and obnoxious smell. The river became a repository of all kinds of wastes thrown wantonly along the riverbanks.

Today, an average of 3,000 to 5,000 people from all walks of life visit the river park everyday to savor the clean environment and avail of sports and recreational facilities like the five-kilometer marathon jogging/biking lanes, skating rink, and the fountains fascinate passenger through the Marikina

bridge as well as people taking a walk along the riverbanks.For the residents of Marikina, their river has become a source of pride and

conviviality. This is the result of the Save the Marikina River program launched by the municipal government of Marikina in the 1990s to restore the beauty and usefulness of the river and transform it into a tourist and biggest recreational park in Metro Manila.

To initiate the rehabilitation, the squatters living along the riverbanks were relocated to a better resettlement site. This was followed by the removal of waste and silt from the river, construction of access roads and jogging lanes, etc.

As a result of this transformation, new jobs were created and major investments came in. Collective discipline was instilled among the young and the old who kept their surroundings clean, including the riverbanks.

SEC. 35. LINKAGES WITH PEOPLE’S AND NON-GOVERNMENTAL ORGANIZATIONS. Local government units may enter into joint ventures and such other cooperative arrangements with people’s and non-governmental organizations to engage in the delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people.SEC. 36. ASSISTANCE TO PEOPLE’S AND NON-GOVERNMENTAL ORGANIZATIONS. A local government unit may, through its local chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise, to such people’s and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction.

Coastal Zone ProtectionSave the Mangroves

Kalibo, AklanThe erosion of the shoreline of the four coastal barangays, due to waves

and tidal currents in Kalibo, Aklan had contributed to the depletion of the fish catch of fisherfolk and the scarcity of shells, crabs, and mollusks. This was the result of mangroves in these barangays having been cut down and used as firewood. The Kalibo Save the Mangrove program was launched to reforest a 50-hectare swampland located at the mouth of Aklan River to protect the shoreline. The reforestation was undertaken by families of fisherfolk who were organized by a local NGO into an association called the

Kalibo Save the Mangrove or KASAMA. They protected the area from destruction by tree cutters and foraging animals. The survival rate of the mangrove trees rose dramatically to 97%.

As a result, the shoreline is now protected from waves and tidal currents; tidal flats which were too soft and muddy have now hardened; and marine life has returned. In turn, this increased the income of the fisherfolk because of the abundance of fish, shells, and crabs.

The KASAMA was awarded in April 1994 by President Fidel V. Ramos a Forest Land Management Agreement (FLMA) in a recognition of the organizations’ commitment to protecting the mangroves.

Basic Services for a Province

For a Province:Agricultural extension and on-site research services and facilities which

include the prevention and control of plant and animal pests and diseases; dairy farms, livestock markets, animal breeding stations, and artificial insemination centers; and assistance in the organization of farmers and fishermen’s cooperatives, and other collective organizations, as well as the transfer of appropriate technology.

Section 17, (3)(i)

Indigenous PeoplesThe Mangyan of Mindoro

Of the 11 municipalities in the province, nine are populated by the Mangyan, an indigenous cultural community. They represent the impoverished, underprivileged and unschooled group of people in the country.

Through this program, at least 90% of the Mangyan have gone through literacy training classes handled by para-teachers and have become functionally literate. Health consciousness among the Mangyans was heightened as a result of training conducted by Mangyan para-teachers and medical missions. The primitive farming techniques and the “slash and burn” system were replaced by sloping agricultural land techniques. Some of the Mangyan were able to acquire carabao, farm implements and shared tractors for farming. A cooperative store, small community chapel, community training center with demonstration facilities, a water tank with

distribution pipes and a school building were also set-up. Three Mangyan cooperatives tapped the P15 million revolving fund of the Provincial Livelihood Support Program to finance their livelihood projects.

Opportunitiesand Options

The above case studies clearly illustrate the old saying that “where there is a will, there is a way.” Leaders who had the vision and the courage to pursue that vision were able to use the available power — legal, financial and social — to try to effect a change for the common environmental good.

The following discussion will serve to invite the reader to look at the opportunities present in their local community. The advancement of any movement can happen only when there being a convergence of need and opportunity, one can see and seize the opportunity and fling it to the winds of high achievement. More important, is that perhaps the following discourse will challenge you, the reader, to begin to make a slight shift in the way of looking at the law, and how it can be made to work.

There are a great number of opportunities available to a local leader possessed with the necessary political will to try something for the ecological welfare of his local community. Not only does he now have the funds to undertake these projects, especially with his 20% development fund derived from the internal revenue allotment (IRA), the local government units also have a wide range of powers to raise revenues. Of course, the great advantage that a local official has is the intimate familiarity with his local constituency, the local ‘leaders’ who are often tapped only during elections. After mobilizing them in the game of trying to arrive at a position of power during the election season, these leaders could also be mobilized to use their powers to bring about change for the common good.

The following are some of the opportunities open to a mayor and other local officials.

Trees and Taxation As we saw earlier, the forest cover of the Philippines has been reduced to

such critical levels it has resulted in many an ecological disaster. For which reason, Government has been espousing ‘reforestation’ as a strategy to restore the vegetative cover.6 Although ‘reforestation’ is actually a

misnomer, the next best thing is to encourage the planting of trees and other vegetative cover not only on public lands but also on private lands.

However, the law on the planting of trees on private lands contains an anomaly. The real property tax law imposes a tax on each and every tree that is planted and standing on private land. This is because these trees are supposedly “improvements” on the land, in much the same way as a building is considered an improvement of a real property. It is submitted, here, that this law is now out of place and contrary to the avowed policy of encouraging the participation of citizens in the task of reforestation.7

A city or municipality has the power to reverse this. Under the Local Government Code, (R. A. 7160) Sec. 192 states:

Authority to Grant Tax Exemption Privileges - Local government units may, through ordinances duly approved, grant tax exemptions, incentives or reliefs under such terms and conditions as they deem necessary.

Thus, the local city or municipality can grant incentives by waiving the tax on the trees. In fact, the tax levy can even be replaced with a tax rebate or tax credit given as a form of incentive.8 The tax rebate or credit may be applied to the real property tax due on the agricultural land.

The local government need not covet the foregone revenue. In the first place, the revenues realized from the realty taxes imposed on standing trees would not only be minimal, but, in fact, infinitesimal. (An interested local official may simply request a clerk of the city or municipal tax assessor’s office to verify this). The bulk of real estate taxes are collected on industrial, commercial and residential lands and buildings.

The fruits of the trees will always be the subject of taxation. As a matter of fact, they never escape taxation of some sort inasmuch as when these reach the market, the owner will always have to pay market fees (also called alcabala). The local government can exercise its powers to closely monitor the harvest of the coconuts, mangoes, and other fruit trees and levy upon them a reasonable tax, but to tax a standing tree is, to repeat, anachronistic and contrary to public policy.

We should remember that all good politics is local. The initiative can be undertaken simply by a local ordinance.

A note must be added here on ‘tree planting’ activities at the local level. Tree-planting activities are often on the roadside. This is politically visible, wholesome for shade and “urban beautification.”

However, utmost care must be taken to ensure that the trees are planted in

areas where they are not vulnerable to being run over by future road-widening. There have been countless trees planted, and cared for by well-meaning officials and citizens, that have grown to full height providing shade and beauty to the roadway. Because of bad planning, they are later cut down because a road had to be widened to accommodate vehicular traffic.

Soil Conservation Another major concern of the country is soil erosion. The loss of soil may

be unseen but it is very real and poses a grave danger to food security. Local initiatives may be undertaken to prevent this.

We have earlier seen that the sloping agricultural land technology (SALT) or contour farming is an effective way of conserving soil and water.7 But implementing the SALT technology is labor intensive and unless a farmer is truly enlightened, he is not likely to undertake this on his own.

This is where the local government unit can play a significant role and where one of the most valuable cultural traditions of the Filipinos can be encouraged, namely the bayanihan.9 A local leader can utilize part of the sizeable development funds in his hands to initiate a city-or town-wide “SALTing” project in the uplands. Both public and private lands can be the beneficiaries. In the case of private lands, for example, the landowner can very well share in the cost of the rice, fish, and vegetables traditionally given to the helping hands.

Politically, this initiative will mobilize the “ward leaders” to really begin to lead their constituencies. For the local mayor or councilor, this project will: 1. Give him political visibility and a high profile,2. Impress upon the constituents that he is a man of vision and political

leadership,3. Serve as an activity where he or she can identify additional leaders and

supporters, Moreover, it would create a long-lasting monument to the political

leader’s efforts in the game of trying to leverage power to effect a change for the common good.

In a word, everybody wins.

Anti-Illegal Fishing This was discussed at some length in the chapter on marine resources.

However it bears repeating if only for emphasis that the control or elimination of illegal fishing is essentially a local endeavor. Try as the

national government may, without the cooperation of the local government officials, illegal fishing practices will continue in the Philippine seas.

On the other hand, even without the support of the national government, local officials can totally eradicate illegal fishing practices in their own locality.The techniques of legal marketing are available:1) Identify and meet with the suspected illegal fishermen, invite them to a

meal and a drink. A man who has been fed will be highly receptive to rational suggestions and requests. In legal marketing, this utilizes the Filipino’s personalistic preference to win acceptance of a policy initiative, and applies the much-preferred person-to-person and face-to-face approach to governance.

2) Explain to them patiently the long-lasting evils of illegal fishing and thereafter “request” them for help in “identifying” the illegal fishermen and to help helping to persuade the latter to change their ways. In order to fill the void, an effort to establish a network of marine sanctuaries must be launched. The establishment of marine sanctuaries is a legitimate, developmental initiative that costs very little yet brings forth countless benefits. This will be discussed at greater length below.

3) In the meantime, mobilize the police to closely monitor the future activities of the persons talked to, and others who are suspected to be engaged in illegal fishing activities. After a grace period and the necessary information insemination campaign has been waged, a swift, painful and public surgical enforcement operation can be launched to remove the gangrenous tissues of human society.

This would apply to commercial fishing boats that illegally intrude into and fish in protected municipal waters. Aside from ‘talking’ to members of the crew, an effort should be made to meet with the owners of the commercial fishing boats. They are the persons who have the largest stake in their boats and stand to lose the most in the event the boat is apprehended and impounded even for a few days. They are also the persons who call the shots as far as their fishing operations are concerned.

The effort to seek out and talk to the owners will not only impress upon them the strong political will of the Mayor or other local official, it will also subtly serve due notice that in the event the commercial fishing boat is apprehended once again, there is no room for an amicable settlement.

Marine SanctuariesTo repeat something we learnt in the section of marine resources. Sixty

per cent of the towns and cities of the Philippines are located along a coastline of 18,000 kilometers; and a great number of our people depend on sea for their livelihood and on fish for their protein needs. The municipal waters, as defined by the Local Government Code, extends up to 15 kilometers outward, regardless of depth.

All the above facts provide reason and justification enough to protect our sea and the marine resources it contains. One of the ways by which the sea can be protected and enriched is to declare and protect marine sanctuaries. These are areas totally closed to any form of marine resource extraction. This provides the marine life a place for spawning, breeding and nursing as well as a sanctuary where they can take shelter during typhoons and storms. Recent studies reveal that for maximum benefit, a network of marine parks and sanctuaries is necessary to provide the marine life a choice of environment where they can breed and seek refuge.

The Fisheries Code specifically provides for the establishment of marine sanctuaries and has mandated local government with this function.10 The Bureau of Fisheries and Aquatic Resources (BFAR) can very well provide the technical assistance to identify the appropriate location of proposed marine sanctuaries. It can also lend its expertise in conducting a “reef check” and in identifying the fish and other marine species in the area.11 These are scientific matters that can be attended to in order to provide the baseline data needed for a wise selection of the area and to be able to draw a “before-and-after” picture of the marine resources found in the area.

As shown by the numerous examples of protected areas in the illustrative case studies in this chapter, establishing a marine protected area is not difficult and leads to great benefits, both ecologically and economically.

Waste Management

It is known by different names — garbage management, solid waste disposal and “resource recovery.” Whatever it is called, a rose is a rose by any other name – and garbage is garbage. Whatever it is called, when not handled properly, garbage stinks.

All the laws point to the fact that garbage management is a local problem and that it is the principal responsibility of local government units because it cannot be addressed by a national body. All the latter can do is to provide guidelines and standards. Attitudinal problems cannot be addressed by creating institutions and government organizations.

Having said that, however, the problem of garbage is essentially a problem of attitude. The present mindset adopts the NIMBY syndrome (Not in My Backyard). Everyone wants to throw away garbage but no one wants to

accept garbage in his own backyard, nor in his village, nor in his town.It is said that any progress in human civilization can only be achieved by a

change in paradigm, in the way we think of things. What if, for example, the NIMBY paradigm is reversed and everyone were to be required to “eat” his own garbage? Of course, all of a sudden the volume of garbage would be reduced to nil.

Since it is not possible to legislate the “eat-your-own-garbage” paradigm, the next best thing is to mandate that all garbage will be disposed of only within the territory of the village where it was discharged. This would force upon the minds of everyone the need to be responsible for one’s own wastes, and the fact that no one is willing to accept anybody else’s garbage.

All it takes is one simple local ordinance and the mobilization of all the barangay heads and councilmen to impress upon all the residents of the village that their garbage will end up only in their own backyard. Of course, nothing would prevent barangay leaders from entering into cooperative agreements among themselves to dispose of some of their residual wastes in another’s territory. Biodegradable waste can be turned into compost within the very community that disposes of it. In the case of recyclable waste, barangays can ‘specialize’ in the handling of a specific recyclable item, e.g., one for bottles, for paper, for cans, etc. This way, the barangay would not only render a service to the others, its residents would also earn from the sale of these materials.

Aside from the NIMBY syndrome, the problem of garbage faces other political and financial obstacles that are almost insurmountable. Let us illustrate:

A proper sanitary landfill or a state-of-the-art thermal destruction facility are capital-intensive investments running in to billions of pesos.12 Since government would, likely, not have the funds to finance such a facility, a private investor could be required under a build-own-and-operate arrangement. Of course, the private investor would have to recover his investment and make a profit from the collection of ‘tipping fees.’

At this point, two aspects of the problem emerge:(i) the need to guarantee a reasonable return on investment to enable the private investor to secure private financing; and

(ii) the need to collect tipping fees from the localgovernment units.

Let us discuss both in conjunction with one another. The private investor will need to borrow money to finance the larger part

of the required investment, and a financial institution will only extend

financing if it is properly collateralized. No one will have enough real estate to mortgage to the financial institution as collateral for the loan. The next best thing is to secure it with the future earnings of the landfill.

How does one do this? By getting a commitment from the local government units that (a) they will use the landfill; (b) they will pay for its use by way of the tipping fees in an amount corresponding to the volume of the waste they dispose, and (c) they are willing to mortgage part of their annual internal revenue allotment (IRA) to pay for this commitment.

This gives rise to another question. Is any LGU willing to do this? Hardly.Then there is the behavioral aspect of politics and the abuse of political

power. It is a fact that every three years the face of Philippine local politics changes as elections take place. If the private sanitary landfill operator is perceived as being too close to the former administration, he is bound to lose his contract when the new mayor takes his seat. At best, his payments will be so delayed he will simply give up at some point in time.

Another aspect is the issue of ‘economic fraternization.’ Many a government official uses his political power to extract a financial concession, a political ‘rent’ as it were, from the landfill operator. Failure to pay the political rent would sometimes result in the delay of the payments for tipping fees from the local governments concerned. Multiply the problem with the number of Mayors that one has to deal with in order to have a viable volume of waste to make the enterprise profitable, and one has a genuine heart attack or full-blown nervous breakdown.

If the paradigm of waste management via centralized waste disposal facilities must be followed, it may take more creative financial thinking than is now being practiced.

For example, concerned local government units (e.g., cities and municipalities forming a metropolis or an agglomeration of LGUs) can form a private corporation with capital infusion from each. This private corporation can then enter into a joint venture with a private enterprise to manage the solid wastes of the member towns and cities. The advantage of this approach is that the garbage management system is (a) insulated from the changing winds of politics; and (b) the participating LGUs in the joint venture company are encouraged to pay the corresponding tipping fees to the company to ensure its viability and profitability because of their own financial (but official) interests.

Easement Zones of RecreationThose who have traveled to countries having only a short stretch of

coastline have seen how well they protect their beaches from illegal

encroachment. Their coastlines are only a fraction of that possessed by the Philippines, especially in terms of length and beauty. We have it all — white sand beaches, limestone cliffs, pebble beaches, tiny coves — and what have we done? We have allowed private individuals to appropriate the beaches for themselves to the exclusion of the public, for which reason, only the rich are able to afford access to the beach and to the sea. What a pity indeed for a country with a coastline of 18,000 kilometers.

One could ask: “Who is responsible for this state of affairs?” The answer would have to be: the Local Government Unit. In the first place, it is the local government unit that has the power to issue building permits. Allowing structures to be built right on the shoreline and often, right on the water itself, violates the law which provides for the 3-20-40 meter easement zones.

Of course, no one cares, or nearer the truth, no one dares to care. After all, more often than not, Mr. Mayor, Mr. Congressman and their rich political supporters own the choicest piece of beach property and foreshore areas in the locality. With the officials violating the law, who would dare uphold it?

One has yet to see a leader in the Philippines bold enough to open up the beaches that have been illegally occupied by private citizens and reclaim them for public access. All it takes is the enforcement of the zoning ordinance already in the books and to deny applications for building permits for structures that encroach into the zones of recreation.

Sewage TreatmentOne of the greatest sources of water pollution is the absence of sewage

treatment facilities of practically all of the towns and cities of the Philippines. This is a primary responsibility of the local government unit acting in cooperation with the local water utilities district. Yet raw sewage is allowed to drain into canals, the rivers, and ultimately into the sea without even the most basic form of primary treatment.

As discussed in the chapter on Human Habitat, the treatment need not be expensive. Sewage can always be mixed with storm waters in small settling ponds located in strategic sites all around the city or municipality. These ponds become the essential wetlands that will not only serve as a form of natural sewage treatment, they also become habitats of wildlife and aquifer recharge zones. Some of the secondary or tertiary treatment ponds may even become recreation areas because they will be clean enough to allow for fish and other aquatic animals to survive and thrive, thus making it an ideal fishing spot or picnic area of the community.

The Theory of Legal Marketing

The Three E’s of Social Engineering The game of managing the affairs of man is known as the science of social

engineering. To play this game well, we only need to know three letters: The three E’s of vision implementation: Education, Engineering, Enforcement.

Local Government Units are in the best position to use this formula to effect changes in the way their communities treat their waters and land. City governments, for example, could use the 3 E’s in implementing the Clean Air Act while coastal municipalities could effect changes in the way residents use the shorelines.

A Reorientation of the Law As a tool for change in the game of social engineering, the law can be quite

useful. First of all, it provides substantive guidelines on what to do - the general policy objective. Secondly, in the event there is a serious deviation from the desired conduct, the law can be coercive tool as well.

However, in order to make the law work well, it must first be well understood - what it means and how it works.

The conventional understanding of the Law is that it is a system designed to coerce human behavior towards a particular direction. This is the common point of view.

However, the Law must be viewed as a system to facilitate human behavior. Laws, after all, are simple rules of behavior, largely based on common sense. It is only when there are incidents of deviation from the desired behavior that the coercive mechanism comes into play.

When people begin to understand this, they will begin to view the law as a marketing exercise. Law promotes and “sells” the social good behind the letter of the law. In legal language, it is called the ratio legis or “reason for the law.” For example, in the law against water pollution, clean and healthy water is the social good behind the law. In the law against illegal fishing, abundant marine life is the social good and so on and so forth. It is also called the “spirit of the law.”

Legal Marketing: Social marketing with a

legal spin.

Legal Marketing is most important in the field of environmental protection. The following are its principles:

1. The best form of law enforcement is when it does not need to be enforced.

This principle is almost self-explanatory. However, the best way to explain to a child is to state the reverse: if a law must be enforced, it means that it has been broken. If the law has been broken, it means that it has not worked, or that it has failed. On the other hand, when there is general compliance, there is no need to enforce the law.

Then there is the aspect of cost. Law enforcement is rather costly in terms of time, effort, money, and human relations. The legal system as practiced in most countries consists not only of the police (law enforc enforced enforcer) but an intricate judicial system made up of different levels of courts. Being a human creation and, therefore, inherently fallible, the legal system does not always work as well as it is supposed to. Many innocent humans have been sent to death row; and many more who were guilty have gone scot-free.

2. Legal Marketing must consider the socio-cultural characteristics of the ‘target market.’

In the language of marketing, the people whose conduct is the subject of change is called the ‘target market.’ As such, their behavior must be carefully observed and studied. What makes them behave the way they do? What can make them behave in the desired way?

To be sure, law is only one of the engines of social change. There are other, often more powerful, engines of change. These are the socio-cultural values and characteristics of the target market. Among these valuses are religion, peer pressure, honor, acceptance, and the need to “go along and get along.”

In the design of a legal marketing campaign, these engines of social change must be incorporated in the “pricing and promotions” strategy.

3. Humans are like dogs. Their responses can be conditioned. They react, quite predictably,

to the offer of candies and to the threat of needles.Ivan Petrovich Pavlov, the 1904 Nobel Laureate in Medicine, was

Russian psychologist who conducted an experiment on conditioned behavior. He wanted to know if he could establish a link between the sight of meat, the sound of a bell and the salivation of a dog. Immediately before

feeding the dog, Mr. Pavlov would ring a bell. Repetition of the procedure conditioned the dog to associate the bell with food. In time, at the mere sound of the bell the dog would salivate even when there was no food. This is known as the Pavlovian theory of conditioned reflex. Being animals themselves, human beings are no different. Only the methods for conditioning are a little more sophisticated. In this book one suggested method for regulating human behavior, is the candies-and needles approach.

Candies and Needles In designing a Legal Marketing strategy, the ultimate challenge is to

make the candy so attractive and so tasty that its offer cannot be refused. On the other hand, the needles must appear to be so painful that the would be law breaker would not even think of committing the violation.

Remember that with humans, everything begins, and ends, with the mind.

4. If law must be enforced at all, it must be done in a manner that is swift, painful and public. Swift, for certainty; painful, for memory; and public, for deterrrence.

Illustrative examples of the application of Legal Marketing techniques are discussed more extensively in Chapter 6 - Sea, particularly in the control of illegal fishing.In Summary

This brief chapter has presented only a few ways by which the local government units can play a role in the art of good environmental governance. Here, we selected a few provisions in the Local Government Code of the Philippines and gave selected examples of how they have been, and can be, made to work. It is not enough that power has been given by the law and that the resources are now afforded. What is important is that political and financial power thus given are used creatively and effectively for the common ecological good. The best practices of some local governments cited in this chapter only show that it can be done. If success can be achieved by some, there is no reason why Mr. Local Government Official cannot do the same all over the country or all over the world, for that matter.

In the final analysis, one only needs to remember the two things mentioned in the beginning of this chapter: 1) that all politics is local;

2) available power must be use well at the

game of trying ..... to do good.The greatest changes can be best made at the lowest level of the social or

political organization. The reason is simple: at that level, things are more manageable.

The second thing to remember is that after playing that game of trying to arrive at a position of power, one needs to ask oneself: Now what?

This brings us to the most important questions that a local official must ask of himself: 1) What are the environmental resources of my locality?2) How can we rationalize and enhance their utility, bounty, and beauty?

In other words, when a leader finds himself perched atop -- in a position of power, it would be good for him to sit back and look more closely at the situation at hand. The leader must realize that the position he holds is a gift, a temporary one, that must be used well and wisely. When that is properly understood by those in power, everything else becomes quite easy.