An Ordinance Prohibiting Occupancy of Foreshore Areas Including Shorelines within the City of Iligan for Residential Purposes and Providing Relocation of the Residents Living Therein

April 12, 2005 Regular Session Held on April 12, 2005. PRESENT: Hon. Henry C. Dy, City Vice Mayor, Presiding Officer Hon. Providencio P. Abragan, Sr., * Member Hon. Vicente F. Belmonte, Jr., Member Hon. Chonilo O. Ruiz, Member Hon. Moises G. Dalisay, Jr., Member Hon. Alfredo R. Busico, Member Hon. Ruderic C. Marzo, Member Hon. Bienvenido V. Badelles, Member Hon. Orlando M. Maglinao, Member Hon. Wilfredo R. Bacareza, Member Hon. Voltaire I. Rovira, Member Hon. Bernard Y. Pacaa, Member Hon. Hannah M. Quijano, * Member ABSENT: (NONE) RESOLUTION NO. 05-357 WHEREAS, municipal corporations are agents of the national government for the promotion and maintenance of local self-government and as such, is endowed with the police powers under the general welfare clause pursuant to Section 16 of RA 7160, otherwise known as the "Local Government Code of 1991" in order to effectively accomplish and carry out the specific objectives of their creation; WHEREAS, in the exercise of its police power, municipal government shall enact such ordinances, approves resolutions, and make such rules and regulations as shall seem necessary and proper for the health and safety of the people and for the protection of property; WHEREAS, the Urban and Housing Act of 1992 has been enacted declaring as unlawful the construction of new structures on identified danger zones such as but not limited to, foreshore and shorelines, among others, while subjecting the head of the local government unit concerned to administrative as well as penal sanctions who allows, abets, or otherwise tolerates the commission of the above-mentioned acts; WHEREAS, pursuant to Section 28 of the above Act, demolition or eviction of structures and residents found and living in danger zones are legally authorized with or without court order; Provided, Further, the costs of relocation shall be the responsibility of the local government unit concerned; WHEREAS, the occupation of foreshore and shorelines for residential purposes not only disturbs marine life, but also poses a threat to life and property; WHEREAS, just recently many countries in South Asia and Africa were devastated by destructive tsunamis that claimed several hundreds of thousands of lives mostly those living in the foreshores and shorelines; WHEREAS, in order to prevent the same fate our Asian neighbors had suffered, it is incumbent upon us to once and for all prohibit occupancy in the areas above-mentioned for residential purposes; WHEREAS, after the conduct of hearings for the enactment of an ordinance prohibiting the occupancy of foreshore areas, the same was recommended for approval; WHEREFORE, on motion of Member Ruderic C. Marzo, duly seconded by Members Bienvenido V. Badelles, Orlando M. Maglinao and Bernard Y. Pacaa; BE IT RESOLVED, AS IT IS HEREBY RESOLVED, By the Sangguniang Panlungsod of Iligan that the following City Ordinance be ADOPTED and APPROVED: ILIGAN CITY ORDINANCE NO. 05-4743 AN ORDINANCE PROHIBITING OCCUPANCY OF FORESHORE AREAS INCLUDING SHORELINES WITHIN THE CITY OF ILIGAN FOR RESIDENTIAL PURPOSES AND PROVIDING RELOCATION OF THE RESIDENTS LIVING THEREIN Be it ordained by the Sangguniang Panlungsod of Iligan in its session assembled, that: TAIaHE SECTION 1. Declaration of Policy. It shall be the policy of the City Government of Iligan to provide for the health and safety of the life and property of the people and to uplift the living conditions of the less fortunate citizens residing in the foreshores as well as shorelines by making available to them relocation sites for their permanent resettlement. SECTION 2. Definition of Terms . As used in this ordinance, the following terms and phrases shall have the following meanings: Danger Zones Areas refers to the areas which, when occupied for residential purposes actually poses a danger to life and safety of the property either to the concerned resident or of the general community. The danger is due to an unavoidable source of probable harm to human life or well-being. Foreshores refers to a string of land margining between a body of water, the part of a seashore between the low water line usually at the seaward margin of a low terrace and the upper limit of wave washed at high tide, usually marked by a beach scarp or form. Relocation refers to the acts where relocatees are brought for permanent resettlement. Residents refers to the persons who own and actually live in a residential home located within the area subject for prohibition. SECTION 3. Coverage. The prohibition shall cover all foreshore areas and shorelines located within the territorial jurisdiction of Iligan City. SECTION 4. Prohibited Acts. It shall be unlawful for any person or persons, associations or entities to reside or occupy the residential purposes or to make new structures intended for the construction of residential homes in areas mentioned in the immediately preceding section. SECTION 5. Eviction and Demolition. In the execution of eviction of residents or demolition of existing houses or structures, the pertinent provisions of RA No. 7279, particularly Section 28 (1-7) thereof shall be strictly followed. Provided, that prior clearance from the Presidential Commission on Urban Poor (PCUP) shall be obtained before proceeding with the demolition or eviction as above-mentioned in accordance with Executive Order 152, Series of 2002. SECTION 6. Relocation. It shall be the responsibility of the City Government of Iligan to provide for the relocation of affected residents in resettlement areas to be selected by the City Mayor. SECTION 7. Intra/Inter-Office/Agency Coordination . The City Engineer's Office shall be the lead department responsible for the demolition of structures found in the areas mentioned herein in close coordination with the Housing and Resettlement Office (HRO),City Social Welfare and Development (CSWD),Presidential Commission on Urban Poor (PCUP) and the Philippine National Police (PNP), Provided, that prior to the actual demolition and/or eviction, it shall be the responsibility of the Housing and Resettlement Office to conduct series of dialogues with affected residents to ensure and orderly, peaceful eviction, demolition or relocation. SECTION 8. Funding. The funds needed to implement the relocation shall come from the following sources: a. Proceeds from the social housing tax. b. Domestic grants. SECTION 9. Separability Clause . If for any reason, any provision of this ordinance is declared invalid or unconstitutional, the remaining provisions thereof not affected thereby shall continue to be in full force and effect. SECTION 10. Repealing Clause . All ordinances, local executive orders, rules and regulations or any part thereof, which are inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. SECTION 11. Effectivity. This ordinance shall take effect ten (10) days after publication in a local newspaper as provided for by law. (VOTING BY ROLL CALL: ABRAGAN, "Out";BELMONTE, "Yes";RUIZ, "Yes";BUSICO, "Yes";DALISAY, "Yes";MARZO, "Yes";BADELLES, "Yes";MAGLINAO, "Yes";BACAREZA, "Yes";ROVIRA, "Yes";PACAA, "Yes" and QUIJANO, "Out"). CARRIED unanimously by the members present. The undersigned hereby attests to the adoption of the foregoing as verified to by the member-author. ATTY. ARTHUR LL. PADILLA Secretary to the Sanggunian VERIFIED: RUDERIC C. MARZO Member-Author CERTIFIED BY: HENRY C. DY City Vice-Mayor, Presiding Officer APPROVED: __________________ LAWRENCE LL. CRUZ City Mayor Footnotes * Out during the deliberation.