SUBJECT: GUIDELINES IN THE CREATION AND/OR RECONSTITUTION OF ECAN BOARDS IN THE CITY/ MUNICIPALITIES OF PALAWAN”, IMPLEMENTING SECTIONS 37-39 OF PCSD RESOLUTION NO. 05-250, OTHERWISE KNOWN AS THE REVISED ECAN GUIDELINES.

Pursuant to Sections 37-39 of PCSD Resolution No. 05-250, the following guidelines in the creation and/or reconstitution of the ECAN Board is hereby promulgated for implementation in the municipalities of Palawan and the city of Puerto Princesa.

Section 1. Purpose Pursuant to Republic Act 7611 and with reference to Rule III of The Rules and Regulations Implementing the SEP for Palawan Act, these guidelines shall prescribe the processes and methodologies in the creation or reconstitution of ECAN Boards in the local government units of Palawan.

Section 2. Scope of Application

These guidelines shall apply in the institutionalization of SEP in the city/municipalities through the creation or reconstitution of a local multi-sectoral body to implement ECAN in the locality towards the attainment of sustainable development objectives.

Section 3. Definition of Terms As used in this Order, the following terms are defined as follows:

a. Council. This refers to the Palawan Council for Sustainable Development (PCSD), the administrative machinery established to implement the SEP Law.

b. Council Staff. Refers to the Palawan Council for Sustainable Development Staff, the technical support staff of PCSD.

c. ECAN (Environmentally Critical Areas Network). Refers to the main strategy of the SEP Law, which is a graded system of protection and development control over the whole of Palawan.

d. ECAN Board. Refers to the multi-sectoral, coordinative and advisory body to the local government unit, purposely to assist in: the development of plans and programs to implement ECAN at the municipal level; protection and management of the environment in the local areas; the promotion of sustainable utilization of natural resources; the monitoring of development projects to ensure their compatibility with ECAN zones and local environmental conditions; and the facilitation of the flow of activities, documents and decision-making processes related to the efficient and effective implementation of ECAN.

e. Ecanization. Refers to the process of delineating and marking the boundaries of the different zones in both land and sea, the identification of prescribed activities and resource use for each zone together with the enforcement of regulatory measures to prevent practices that are destructive to the environment.

f.IP or Indigenous People. Refers to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos.

g. GO (“Government Organization”). Refers to any of the various units of the government, including a department, bureau, office, instrumentality or government-owned or controlled corporation of a local government or a district unit therein.

h. LGU (Local Government Unit). Refers to the city or municipality that has political and territorial jurisdiction in a locality as defined by R.A. 7160 otherwise known as the Local Government Code.

i. NGO (“Non-Government Organization”). Refers to non-stock, non-profit, social development organizations that are managed by the private sector duly registered by the Securities and Exchange Commission (SEC).

j. PO (“Peoples’ Organization”). Refers to formal community organizations such as cooperatives or associations duly organized for specific purpose/thrust; usually registered by a government accrediting body.

k. SP/B (Sangguniang Panglunsod/Bayan). The legislative body of the LGU as defined by R.A. 7160 or the Local Government Code. Section 4. Creation/Reconstitution of the ECAN Board As mandated by Section 37, Chapter III, Title 3 of the Revised ECAN Guidelines (PCSD Resolution No. 05-250), there shall be created (or reconstituted) an ECAN Board in the city/municipalities of Palawan. The Board shall be a multi-sectoral, policy-making, implementing and coordinating body.

Section 5. Local Enabling Act

The ECAN Board, to ensure long term sustainability and stability, shall be created or reconstituted based upon a City/Municipal Ordinance or Resolution of the Sangguniang Panglunsod/Bayan (SP/B). Such creation/reconstitution by local legislation acquires a broader and deeper base reflecting a unanimous consensus of the representatives of communities.

Section 6. Powers and Functions of the ECAN Board.

The Board is vested with the following powers and functions:

a) Facilitate the local implementation of PCSD Resolution No. 05-250, Administrative Order No. 9, series of 2005 (Implementation of PCSD Resolution No. 05-250, adopting the Revised Guidelines in Implementing the Environmentally Critical Areas Network, the Main Strategy of the Strategic Environmental Plan (SEP) for Palawan, amending PCSD Resolution Nos. 94-44 & 99-144) and other pertinent PCSD rules, regulations and issuances;

b) Formulate its own Operational Procedures or Guidelines;

c) Initiate passage of resolution, municipal/barangay ordinances and regulatory measures to implement ECAN and enforce the ECAN Zoning Plan;

d) Review proposed and existing projects in the light of ECAN targets and objectives;

e) Harness the participation though coordination and collaboration of line agencies, NGOs and the community towards the attainment of ECAN objectives;

f) Set up a special trust fund, as a depository of all collections of monies that may accrue such as donations, grants and gifts as well as fees and charges that may later be imposed by the Board, and the management and disbursement thereof in accordance with the relevant provisions of RA 7160;

g) Share the resource requirements necessary to implement ECAN in the municipality;

h) Organize ECAN executive committee and working teams when deemed necessary; and

i) Through the ECAN working teams, undertake the following:

i. Provide technical support to the LGU in implementing the ECAN;

ii. Facilitate the flow of activities, documents, information and decision-making process related to the efficient and effective implementation of the ECAN;

iii. Assist in data acquisition, analysis, monitoring and evaluation of environmental conditions in the light of SEP and ECAN targets and objectives;

iv. Assist PCSD in the conduct of information and education activities;

v. Facilitate the formulation of ECAN Zoning Plan and its harmoniza

vi. Other activities in pursuance of sustainable development objectives.

Section 7. Composition The ECAN Board shall be composed of the following:

City/Municipal Mayor/Local Chief Executive – Chair

City/Municipal Vice-Mayor

PCSDS District Manager/Representative – Secretariat

City/Municipal Planning and Development Coordinator – Secretariat

President of the Liga ng mga Barangay

Chairperson of SB/SP Committee on Environment

City/Municipal Environment and Natural Resources Officer

DENR-CENRO Representative

NGO/PO Representative

Indigenous People Representative

Representatives from other agencies/sectors the Board may identify as necessary such as Sangguniang Kabataan, DAR, NCIP, PNP, AFP, Academe, Business, Women, etc.

Section 8. Executive Committee or ExeCom

To efficiently carry out its mandate, the Board may trim down its membership to a manageable level by creating an Executive Committee or ExeCom. The composition, powers and functions of the ExeCom shall be defined in the Operational Procedures or Guidelines to be formulated by the Board.

Section 9. Working Teams

The membership of the teams that may be created shall be selected from representatives of agency-members comprising the Board. The teams shall select their respective leaders who may represent them in the ECAN Board Executive Committee that may be created. The teams may be as follows:

a) Regular Working Teams:

Project Planning and Evaluation
Enforcement and Monitoring
Finance and Ways & Means

b) Special Teams:
As identified by the Board.

Section 10. Tenure of Office of Members

The members of the ECAN Board shall serve for a fixed term of three (3) years, renewable upon the unanimous consent of the Board members and/or endorsement of the association/organization the members represents. Replacements for elective officials shall be those who are successfully elected into office, who shall, by virtue of the position, assume office in the ECAN Board immediately upon assumption of office. The original appointment and replacement of non-elective officials (such as those in the NGOs) shall be based on the written recommendation of the institutions/organizations they represent.

Section 11. Meetings

Meetings of the Board, the Executive Committee or Working Teams shall be defined in its Operational Procedures or Guidelines.

Section 12. Funds

The ECAN Board, to ensure its viability as an organization, shall be funded out of the annual budget of the city/municipality. To ensure sustainability, succeeding funds may be derived from fees, charges, fines and other user fees that may be imposed by the Board consistent with the provisions of the Local Government Code.

The ECAN Board may also accept donations from local and international institutions of reputable character except those which may have vested interest on or affected by zoning regulations.

Financial as well as administrative concerns of members, representatives and working teams of the Board shall be defined in its Operational Procedures or Guidelines.

Section 13. Institutional Networking and Social Mobilization

The ECAN Board shall prioritize the organization and networking of government and non-government institutions, associations, organizations, groups – both formal and informal – to involve the general public, women, youth, IPs and such other sectors that it may deem worthy of involvement in the task of protecting and sustaining the environment. The “institutional network”, equivalent to “Bantay Kalikasan” in the vernacular, may formulate a year-long program for its activities, including a program of social mobilization and information, education, and communication (IEC).

Section 15. Repealing Clause.

This administrative order supersedes all Rules and Regulations inconsistent herewith.

Section 16. Effectivity.

This Order shall take effect fifteen (15) days after posting in conspicuous places and receipt of copies of this Order by the LGUs.

SO ORDERED.

FOR THE COUNCIL:

ABRAHAM KAHLIL B. MITRA
Chairman, PCSD

August 26, 2005