THAI NGUYEN UNIVERSITY THAI NGUYEN UNIVERSITY OF AGRICULTURE AND FORESTRY PAUL ANGEL ERLINDO P CANDOLE LEGISLATIVE PRODUCTIVITY OF LOCAL GOVERNMENT ON ENVIRONMENTAL PROTECTION AND MANAGEMENT BACHELOR THESIS Study Mode: Major: Faculty: Batch: Full-time Environmental Science and Management International Training and Development Center K42-AEP Thai Nguyen , 23/10/2015 DOCUMENTATION PAGE WITH ABSTRACT THAI NGUYEN UNIVERSITY OF AGRICULTURE AND FORESTRY Degree Program Student Name Student ID Thesis Title Supervisor (s) Bachelor of Science in Environmental Science and Management Paul Angel Erlindo P Candole DTN1054140236 Legislative Productivity of Local Government on Environmental Protection and Management Dr Nguyen The Hung and Dr Carlos Andam Abstract: Local government legislation on environmental related measure spells political commitment on pushing the agenda for environment protection Environmental management is a shared responsibility among the many stakeholders even in the rural areas However, there appear problematic areas affecting the pace of implementation at local government levels Therefore the study was done to find out which factor might affect the mentioned legislation The factors are mostly about the background of each different legislators as well as the target area’s barangay and population The study was conducted in the municipalities of the province of Laguna (Mabitac, Famy, Siniloan, Pangil, Pakil, Paete, Kalayaan) near the Laguna lake or de bay and has not encountered a similar study The author used frequency and correlation coeeficient analysis to find if legislative productivity has a relationship between local officials / legislator (age, gender, and educational attainment); if legislative productivity is affected by number of barangays and municipal population; and number of violators and their penalties The study encountered limitations such as incomplete data (educational attainment, age, etc.), hard copies for number of violators and expansion of the study The study revealed that the municipality of Kalayaan and Pakil had the highest number of legislation on environmental management; gender and educational attainment of legislators affect the legislation related to the environment; while age showed different result Keywords: Municipality, Municipal Ordinance, Legislation, Environmental Management, Legislative Body/Sanguniang Bayan/Local Legislator, Sponsor / Co-Sponsor Number of Page: 50 pages Date of Submission: October 2015 ii ACKNOWLEDGEMENT The author wishes to extend hi grateful appreciation to the following people for their valuable contribution in order to make this research possible; First and foremost, to our Almighty God for giving the author the wisdom, strength, courage and through him everything was made possible; To his family and relatives, for their support and unconditional love necessary to fulfill the author’s goal; To his friends in the Advanced Education Program for their encouragement and assistance in completing this study; To the Advanced Education Program headed by Dr Duong Van Thao for his continuous support and assistance with their students; To the local government officials and PNPs of the seven different municipalities for their kindness and their 100% cooperation; To his two advisers and statistician, Dr Nguyen The Hung (from Vietnam), Dr Carlos J Andam (from the Philippines) and Ms Pham for giving the author their support and guidance; Lastly, the author offers his regard and blessings to all of those who supported him in any respect during the completion of this research iii TABLE OF CONTENTS LIST OF FIGURES LIST OF TABLES LIST OF ABBREVIATIONS PART I INTRODUCTION 1.1 Research Rationale 1.2 Research Objectives 1.3 Research Questions and Hypothesis 1.5 Limitations 1.6 Definitions PART II LITERATURE REVIEW 2.1 Environmental Administration 2.2 Environmental Governance 2.3 Local Legislation 11 2.4 Local Legislators/ Legislative Body/ Sanguniang Bayan .11 2.5 Ordinance and Resolution .12 2.6 Elements of an Ordinance 12 2.7 Steps in Enacting Ordinance .13 PART III METHODS 17 3.1 Methods and Locations .17 3.1.1 Place of the Study .17 3.1.2 Time and Methods 17 i 3.2 Data Collection 18 3.3 Creating the Tables 19 3.3.1 Number of Barangay and Population 19 3.3.2 Sponsor and Co-sponsor Profile .19 3.3.3 Categorizing Municipal Ordinances 20 3.3.4 Title of Municipal Ordinance .20 3.4 Manual listing 20 3.5 Data Analysis 20 PART IV RESULTS 22 4.1 Categories of Municipal Ordinance of Municipalities .22 4.2 Educational Attainment vs Sponsored and Co-Sponsored (Higher Environmental Awareness) 24 4.3 Gender vs Sponsored and Co-Sponsored (Higher Environmental Awareness)29 4.4 Age vs Sponsored and Co-sponsored (Higher Environmental Awareness) .33 4.4.1 Famy 33 4.4.1.1 Age vs Sponsored Municipal Ordinance (Environmental Management or EM) 33 4.4.1.2 Age vs Co-sponsored Municipal Ordinance (EM) 33 4.4.2 Siniloan .33 4.4.2.1 Age vs Sponsored Municipal Ordinance (Environmental Management or EM) 33 4.4.2.2 Age vs Co-sponsored Municipal Ordinance (EM) 34 4.4.3 Pangil 34 ii 4.4.3.1 Age vs Sponsored Municipal Ordinance (Environmental Management or EM) of Pangil 34 4.4.4 Pakil 34 4.4.4.1 Age vs Sponsored Municipal Ordinance (Environmental Management or EM) 34 4.4.4.2 Age vs Co-sponsored Municipal Ordinance (EM) 34 4.4.5.1 Age vs Sponsored Municipal Ordinance (Environmental Management or EM) 34 4.4.5.2 Age vs Co-sponsored Municipal Ordinance (EM) 35 4.5 Legislated Municipal Ordinance (EM) vs Number of Barangays 35 4.6 Legislated Municipal Ordinance (EM) vs Municipal Annual Population 35 4.7 Extent of Violation / Penalties 36 PART V DISCUSSION AND CONCLUSION 37 5.1 Municipal Legislator’s Environmental Awareness 37 5.2 Legislator Educational Attainment, Gender and Age .37 5.3 Number of Municipal Barangay and Annual Population 38 5.4 Municipal Ordinance Violation 38 5.5 General Conclusion 39 REFERENCES 40 APPENDICES iii LIST OF FIGURES Figure 4.1 Educational Attainment vs Sponsored and Co-Sponsored (EM and Overall) Municipal Ordinance in the Municipality of Famy 24 Figure 4.2 Educational Attainment vs Sponsored and Co-Sponsored (EM and Overall) Municipal Ordinance in the Municipality of Siniloan .25 Figure 4.3 Municipal Ordinance in the Municipality of Pangil with Unknown Educational Background 26 Figure 4.4 Educational Attainment vs Sponsored and Co-Sponsored (EM and Overall) Municipal Ordinance in the Municipality of Pakil 26 Figure 4.5 Educational Attainment vs Sponsored and Co-Sponsored (EM and Overall) Municipal Ordinance in the Municipality of Kalayaan 27 Figure 4.6 Educational Attainment vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in all of the Municipalities (Famy, Siniloan, Pangil, Pakil and Kalayaan) 28 Figure 4.7 Gender vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in the Municipality of Famy .29 Figure 4.8 Gender vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in the Municipality of Siniloan 30 Figure 4.9 Gender vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in the Municipality of Pangil .30 Figure 4.10 Gender vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in the Municipality of Pakil 31 Figure 4.11 Gender vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in the Municipality of Kalayaan 31 Figure 4.12 Gender vs Sponsored and Co-Sponsored (EM and Overall) Ordinance in all of the Municipalities (Famy, Siniloan, Pangil, Pakil and Kalayaan) 32 LIST OF TABLES Table 3.1 Number of Barangays and Population of each Municipalities in the year (2007, 2008, 2009 and 2010) 17 Table 4.1 Categories of Municipal Ordinance of Municipalities .22 LIST OF ABBREVIATIONS CBA – Cost Benefit Analysis DA - Department of Agriculture DENR - Department of Environment and Natural Resources EIA – Environmental Impact Assessment EM – Environmental Mangement EMB - Environmental Management Bureau HRMO – Human Resource Management Officer LCE –Local Chief Executive LGU – Local Government Unit MAO - Municipal Agricultural Offices MPDC – Municipal Planning and Development Coordinator NIPAS Act - National Integrated Protected Areas System Act NEPC - National Environmental Protection Council NPCC - National Pollution Control Commission PDS – Personal Data Sheet RA –Republic Act Appendix 4.Local Legislative Process Appendix 5.Data of Municipalities Appendix 5.1 Data of local legislator with higher environmental awareness from the municipality of Siniloan in the years (2007, 2008, 2009, 2010) Number of Number of Co- G Educati Sponsored sponsored Overall Overall en onal Municipal Municipal Sponsored CoSponsored de Attain Ordinance Ordinance Municipal Municipal r ment Age (EM) (EM) Ordinance Ordinance M VC 37 12 M CG 40 M CG 57 F M CG 46 12 Total Total Total 24 Total 42 Appendix 5.2 Data of local legislator with lower environmental awareness from the municipality of Siniloan in the years (2007, 2008, 2009, 2010) M CG 40 0 M 0 4 F CG 48 0 M VC 33 0 1 Total Total 22 Appendix 5.3 Data of local legislator with higher environmental awareness from the municipality of Famy in the years (2007, 2008, 2009, 2010) Number of Number of Co- G Education Sponsored sponsored Overall overall co- en al Municipal Municipal Sponsored sponsored de Ag Attainmen Ordinance Ordinance Municipal Municipal r e t (EM) (EM) Ordinance Ordinance M 34 CG F 48 CL M 24 CG 1 M 43 CG 1 M 43 CL 1 Total Total Total 12 Total Appendix 5.4 Data of local legislator with lower environmental awareness from the municipality of Famy in the years (2007, 2008, 2009, and 2010) M 50 CL 0 M 67 CG 0 F 58 CG 0 M 47 CG 0 1 F 41 0 1 M 57 CL 0 F 40 CG 0 M 56 HSG 0 M 20 CL 0 Total Total Appendix 5.5 Data of local legislator with higher environmental awareness from the municipality of Pangil in the years (2007, 2008, 2009, 2010) Number of Number of Co- G Education Sponsored sponsored Overall Overall Co- en al Municipal Municipal Sponsored sponsored de Ag Attainmen Ordinance Ordinance Municipal Municipal r e t (EM) (EM) Ordinance Ordinance M 34 M 56 M 50 Total Total Total 11 Total Appendix 5.6 Data of local legislator with lower environmental awareness from the municipality of Pangil in the years (2007, 2008, 2009, and 2010) M 38 0 1 M 68 0 M 49 0 M 41 0 M 48 0 Total 13 Total Appendix 5.7 Data of local legislator with higher environmental awareness from the municipality of Pakil in the years (2007, 2008, 2009, 2010) Ge nde r educational Age Attainment Number of Number of Sponsored Co-sponsored Overall Over All co- Municipal Municipal Sponsored sponsored Ordinance Ordinance Municipal Municipal (EM) (EM) Ordinance Ordinanace M 37 CG 15 M 54 HG 2 F 42 CG 2 F 39 CG M 62 CG 1 F 35 CG Total Total Total 21 Total 16 Appendix 5.8 Data of local legislator with lower environmental awareness from the municipality of Pakil in the years (2007, 2008, 2009, and 2010) M 60 EL 0 M 0 M 0 M 65 EG 0 M 0 F 0 M 0 M 0 M 61 EG 0 F 20 CG 0 Total Total 13 Appendix 5.9 Data of local legislator with higher environmental awareness from the municipality of Kalayaan in the years (2007, 2008, 2009, 2010) Educational Gender Age Attainment Number of Number of Sponsored Co-sponsored Overall Overall Co- Municipal Municipal Sponsored sponsored Ordinance Ordinance Municipal Municipal (EM) (EM) Ordinance Ordinance M 51 CL M 29 CG M 21 CG 1 F 48 CG F 43 CL 2 M 37 HSG 1 F 54 HSL 1 Total Total Total 12 Total 12 Appendix 5.10 Data of local legislator with lower environmental awareness from the municipality of Siniloan in the years (2007, 2008, 2009, and 2010) M 26 M 46 M 23 M 43 CG 0 0 CL 0 CG 0 Total Total Appendix 5.11 Data of local legislator with lower environmental awareness from the municipality of Mabitac in the years (2007, 2008, 2009, and 2010) Gend Ag Educational Overall Sponsored Overall Co-sponsored er e Attainment Ordinance Ordinance M 66 CG M F M M M 44 CG M 30 CL 1 M M 44 CG F Total Total 10 Appendix 5.12 Data of local legislator with lower environmental awareness from the municipality of Paete in the years (2007, 2008, 2009, and 2010) Gender Age Educational Overall Sponsored Ordinance Attainment Overall Co-sponsored Ordinance M 53 CG F 56 CG F 61 M 50 CG M 43 1 M 47 CG M 64 HSG M 51 CG CG Total 10 Total M F 26 Appendix 5.13 Municipal Ordinance Productivity in the years (2007, 2008, 2009, 2010) Municipal Municipal Municipal Municipal Ordinance Ordinance Ordinance Ordinance Name of Produced in the Produced in the Produced in the Produced in the Municipality Year 2007 Year 2008 Year 2009 Year 2010 Famy 5 Mabitac 1 Siniloan 15 Paete 6 Kalayaan 5 Pangil 12 10 Pakil 12 Total 23 Total 54 Total 39 Total 26 Appendix 6.Regression and Correlation Formula Correlation and regression analysis rxy= mean of xy –(mean of x * mean of y) / (Sx * Sy) meanof x= ∑x / n n= numbers of the variable mean of y=∑y / n Sx= (∑xi)2 / n – (mean of x)2 Sy= (∑y)2 / n – (mean of y)2 +1≤ r ≤ -1 xy= ∑x*y mean of xy = ∑x*y / n A correlation coefficient of +1 indicates that two variables are perfectly related in a positive linear sense A correlation coefficient of -1 indicates that two variables are perfectly related in a negative linear sense A correlation coefficient of indicates that there is no linear relationship between the two variables Appendix Translated Municipal Ordinance (EM) Famy 2007 – Ordinance that appoint all the vendors of the public market to have a strong trash cans in their own designate place and their occupied place and an obligation to put or throw the collected trash bags before night time or before leaving the market 2009 – Municipal ordinance no.64 t 2009 ordinance stating that smoking in any public used vehicles and ally public places are strictly prohibited 2010 – Municipal ordinance that assign regulation in using plastic bag, styrofoam and plastic cup as a tool (bagging, carrier) within the municipality of Famy, Laguna Pangil Date unknown – Municipal ordinance decalring river pangil, river balian, stream of bangbang hari and stream of national irrigation asssociation (nia) of mabato –azufre and the additional 1000 sq M Of the coast of brgy Dambo and brgy Mabato – asufre of the municipality of Pangil, Laguna to become a fish sanctuary and to impose guidelines and regualtions regarding the sanctuary 2008 – Ordinance providing authority to municipal Mayor Hon Juanita C Manzana to acquire the piece land by any means of expropriation owned by Victoria Buenaseda Almelor to be used for road construction on the way to the project “Pangil materials recovery facility” as part of municipal waste management program and environmental protection 2008 – Municipal ordinance stating that the catchment of any kinds of birds and fishes collecting of snails and other related activities that can cause destruction of rice fields within the municipality of Pangil, Laguna will be strictly prohibited Siniloan 2003 – Ordinance declaring the amendment section 3, and of municipal ordinance no.14 t 2003 otherwise known as “legislation to prohibit any person to allow stray dogs in the streets and everywhere within the vicinity of municipality of Siniloan, Laguna Pakil 2008 – Municipal ordinance that declares the place of siki, inumpog, pingas, buong humarap ng kabundukan in poblacion Pakil, Laguna 2008 – Municipal ordinance that decalres the consequence for violating the policy in coal production and illegal logging in the mountanuos area of pakil, laguna for the 2008 – 2014 2008 – Municipal ordinance that prohibits throwing any kinds of garbage in the municipal plaza stream and also in irrigated places within the municipality of Pakil, Laguna 2009 – An ordinance appropriating funds for the operation and implementation of Pakil environment enhancement sub – project 2009 – Municipal ordinance for acquiring a regulation and guidelines in a kind of procedure for catching fish called “skylab - in the waters or shorelines of the lake that is within the area of the municipality of Pakil, Laguna Paete 2009 – Ordinance that decalres the regulation in using plastic bag/ plastic cellophane as a tool (bagging, carrier) within the municipality of Paete, Laguna Kalayaan 2008 – Municipal ordinance that declares the punishment and penalty to any individual who will allwo stray dogs and in such instances when the incident causes destruction of landscape and occurrence of feces on the streets 2008 – Ordinance presenting the rules and regulations in all fishing areas within the municipality of Kalayaan, Laguna and stating the punishments in case someone violates it 2009 – Kalayaan Ecological Solid Waste m=Management ordinance (R.A – 9003) 2009 – Municipal ordinance that prohibits construction and building of any establishments, houses and or any other structures 100m Around the location of water pump station of municipality of Kalayaan, Laguna 2009 – Ordinance declaring that all the barangays within the municipality of Kalayaan, Laguna shall prohibit the usage of plastic bags / cellophane and etc And to limit the usage of styrofoam as food container within the area Appendix The Map of Area Coverage of the Municipalities [...]... the contribution in terms of legislative productivity of the legislative arm of the municipal governments in terms of ordinances and policies supporting environmental management and governance from the years 2007, 2008, 2009 and 2010 In view of the premise that environmental management is a shared responsibility and as envisioned in the Local Government Code of the Philippines that environmental management. .. INTRODUCTION 1.1 Research Rationale Local government legislation on environmental related measure spells political commitment on pushing the agenda for environment protection In terms of legislative productivity which refers to the extent of enacting ordinances, the quantity and the areas of concern are important indicators of the extent of awareness and effectiveness of implementation of environmental... power of a local legislative body to make rules in the form of ordinances and resolutions of local application that have the force and effect of law (Worldclass Printing and Packaging, 2010) As process It is the interaction of the local legislative body with the executive branch, civil society including constituents, nongovernmental organizations and the private sector resulting in ordinances and resolutions... result of a change in political administration in 1986 One of these was the creation of the Environmental Management Bureau (EMB) in 1987, under the Department of Environment and Natural Resources (DENR) The EMB assumed the regulatory functions of both the NEPC and the NPCC (Pascual, 2005) 2.2 Environmental Governance Early in the 1990s, the process of decentralization and participation in local governance... environment and natural resources management, precautionary approach to environment and natural resources, sound environmental impact assessment (EIA) and cost-benefit analysis (CBA) These, then, are all anchored on the principles of shared responsibility, good governance, participation, social and environmental justice, intergenerational space 5 and gender equity, with people at the core of conservation,... health, housing and public works (EMB-DENR-UNDP, 1996) In 1964, the National Pollution Control Commission (NPCC) was created to handle air and water pollution control in the country and it was only in 1977 that the National Environmental Protection Council (NEPC) was created as the policy-making body on matters related to environment However, major institutional changes were introduced in the government. .. relationship with overall legislated productivity, hazardous / prone area (areas that are high at risk when a flood occurs), total number of land area and list of violators (hard copy) 1.6 Definitions Local Government – the government that controls and makes decision for a local area (such as town, city, county) Municipality – a city or town that has its own government to deal with local problems Environmental... municipality The second type shows the age, gender, educational attainment and their sponsored and co-sponsored municipal ordinance The third type shows the overall number of municipal ordinances of the 7 municipalities and the last shows the categories of municipal ordinance 3.3.1 Number of Barangay and Population The data of number of barangays and population in the years (2007, 2008, 2009, and 2010) are... a just share in national taxes based on standard criteria, and equitable share of proceeds of national wealth Hence, the template of local development is now entrusted to the local leadership (Gacutan, Garrity & Cramb, 2004.) In the Philippines, the Department of Environment and Natural Resources (DENR) is the central agency in charged of environment, forestry, and NRM The Code mandated the LGUs to... jurisdiction and perform the devolved functions of DENR in order to ensure the maintenance and protection of the environment Similarly, the Department of Agriculture (DA) was devolved and municipal agricultural offices (MAO) were set up Under the devolution process, LGUs are expected to provide financial resources for environmental management projects They are also to support projects funded by national and ... P Candole DTN1054140236 Legislative Productivity of Local Government on Environmental Protection and Management Dr Nguyen The Hung and Dr Carlos Andam Abstract: Local government legislation on. .. looking at the contribution in terms of legislative productivity of the legislative arm of the municipal governments in terms of ordinances and policies supporting environmental management and governance... awareness and effectiveness of implementation of environmental ordinances and policies by local leaders and if appropriate, the execution of corresponding penalties to violators Environmental management