Bacolod SP Urges Legal Compliance of New BACIWA Wells

The Sangguniang Panglunsod (SP) approved a resolution filed by Councilor Wilson Gamboa, Jr. last July 12, 2017 enjoining the Bacolod City Water District (BACIWA) to comply with all environmental and other related laws in the operation of existing and construction of six (6) new production wells.

The Gamboa Resolution detailed various legal provisions for BACIWA to comply, among others these are, Section 4 of Presidential Decree 1856, Article 13 of the Water Code of the Philippines, Section 26 of the Local Government Code, Section 27 of the Local Government Code.

Primarily, these legal citations urged BACIWA to secure for its operation of existing and construction of six (6) new production wells Environmental Compliance Certificates (ECC) and Water Permit.

Also, BACIWA must “CONSULT with the Local Government Units, Non-governmental Organizations, and Other Sectors Concerned and Explain the Goals and Objectives of the Project or Program, its impact upon the People and Community in terms of Environmental or Ecological Balance and the Measure that will be Undertaken to Prevent or Minimize the Adverse Effects Thereof” and that prior approval of the Sangguniang concerned must be secured for all its projects and programs.

In greater detail, said resolution cited that under Section 4 of Presidential Decree 1856 read, “No Person, Partnership or Corporation shall Undertake or Operate any such Declared Environmentally Critical Project or Area without First Securing an Environmental Compliance Certificate issued by the President or His Duly Authorized Representative.”

Likewise, under Article 13 of the Water Code of the Philippines, it provides that “Except as otherwise Provided, No Person, including Government Instrumentalities or Government Owned or Controlled Corportions, shall Appropriate Water without a Water Right, which shall be Evidenced by a Document known as a Water Permit”.

The resolution also cited, Section 26 of the Local Government Code which provides that “It shall be the duty of every National Agency or Government-Owned or Controlled Corporation Authorizing or Involved in the Planning and Implementation of any project or Program that may cause Pollution, Climatic Change, Depletion of Non-renewable Resources, Loss of Cropland, Rangeland or Forest Cover, and Extinction of Animal or Plant Species, to CONSULT with the Local Government Units, Non-governmental Organizations, and Other Sectors Concerned and Explain the Goals and Objectives of the Project or Program, its impact upon the People and Community in terms of Environmental or Ecological Balance and the Measure that will be Undertaken to Prevent or Minimize the Adverse Effects Thereof.”

On the other hand, said Gamboa Resolution cited Section 27 of the Local Government Code which provides that “No Project or Program shall be Implemented by Government Authorities unless the Consultations Mentioned in 2 (c) and 26 hereof are Complied with, and Prior Approval of the Sanggunian Concerned.*

 

 

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