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MAN’S LAND” VILLAGES WITHIN THE 6 KILOMETER ZONE AROUND MOUNT MAYON,
PROVINCE OF ALBAY AND PROVIDING PENAL CLAUSE THEREFOR
WHEREAS, R.A. NO. 7160 otherwise known as the Local Government Code
of the Philippines, expressly provides the general welfare clause providing that
every local government unit shall exercise the powers necessary, appropriate or
incidental for their effective and efficient 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
promotion of health and safety and preserve the comfort and convenience of
their inhabitants;
WHEREAS, R.A. 10121 otherwise known as Philippine Disaster Reduction and
Management Act promotes the development of capacities in disaster
management particularly its call for the mainstreaming of disaster risk reduction
in physical and land-use planning, health, etc.;
WHEREAS, several households have settled through the years within the 6
kilometer government-declared permanent danger zone around Mount Mayon
which subject them to danger everytime an eruption occur and which causes
the provincial government to force evacuate them each time the Mayon
explodes;
Article I
Title
Article II
Scope and Coverage
Section 2. This Ordinance shall cover towns and barangays with population
is at risk inside the permanent danger zone as determined by the Albay Public
Safety and Emergency Management Office and/or such other appropriate office
for that purpose.
Section 4. The safety and well-being of the villagers shall be the primary
concern of the respective local government’s risk and reduction development
council with assistance and supervision of the provincial government of Albay.
Article IV
Supervision and Control
Section 7. The Provincial Disaster Risk Reduction Council through each local
chief executives of Albay, shall exercise supervision and control over the areas
within the 6 kilometer zone and shall prescribe policies for hazard reduction,
lessening vulnerability of people and property, wise management of land and the
environment, improving preparedness and early warning for adverse events and
continuous monitoring of areas to ensure compliance with this ordinance.
Article V
Prohibition
Section 9. All kinds of activities are prohibited to be performed within the six
(6) kilometer zone unless otherwise provided for by the Provincial Government of
Albay.
Section 10. Agricultural and all forms of livelihood which have sustained the
affected villagers shall be allowed to continue for a period of at least one (1) year
with the consent and supervision of local authorities.
Article VI
Penal Clause
Section 11. Any person who violates any of the provision of this Ordinance
shall suffer a fine of Three Thousand Pesos (Php3,000.00) for the first offense; Five
Thousand Pesos (Php5,000.00) for the second offense and for the third and
subsequent offense a fine of Five Thousand and/or imprisonment of One (1) year
at the discretion of the court.
Article VII
Separability Clause
Article VIII
Repealing Clause
Article IX
Effectivity Clause
Section 14. This ordinance shall take effect after its publication.