Policy Implementation of R.A. 9003: A Case Study On The Evaluation of Solid Waste Management in Barangay Lahug

Policy Implementation of R.A. 9003: A Case Study on the Evaluation of Solid Waste Management in Barangay Lahug ________________________________________________________ University of the Philippines Visayas Cebu College Lahug, Cebu City ________________________________________________________ A Research Proposal submitted to the Social Sciences Division In Partial Fulfillment of the Course Requirements for Political Science 189 _______________________________________________________ Researchers: Bulay-og, Levi Faith Fuentes, Wesley Melicor, Joreyna Mae Pescadero, Cris Virgil Quijano, Joshua Sayson, Gerlyn Mae Tumulak, Karla Marie _______________________________________________________ Adviser: Prof. Zenaida Daño Ligan 30 September 2010

TABLE OF CONTENTS TITLE

PAGE

I. CHAPTER ONE INTRODUCTION BACKGROUND OF THE STUDY . . . . . . . . . . . . . . . . . . . . . . . .

1

STATEMENT OF THE PROBLEM . . . . . . . . . . . . . . . . . . . . . .

1

RATIONALE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

SIGNIFICANCE OF THE STUDY . . . . . . . . . . . . . . . . . . . . . . . .

4

SCOPE AND LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

THEORETICAL FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . . .

5

CONCEPTUAL FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . . .

6

DEFINITION OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

METHODOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

II. CHAPTER TWO REVIEW OF RELATED LITERATURE. . . . . . . . . . . . . . . . . . . . . .

10

III. CHAPTER THREE PRESENTATION, INTERPRETATION AND ANALYSIS OF DATA PROFILE OF BARANGGAY LAHUG . . . . . . . . . . . . . . . . . . . . . .

13

ADOPTION OF RA 9003 AND CITY ORDINANCE . . . . . . . . . . .

13

VOLUME AND CHARACTERIZATION. . . . . . . . . . . . . . . . . . . .

15

COLLECTION AND TRANSFER. . . . . . . . . . . . . . . . . . . . . . . . . .

16

SEGREGATION PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

MATERIALS RECOVERY FACILITY . . . . . . . . . . . . . . . . . . . . . . .

18

RECYCLING AND SOURCE REDUCTION . . . . . . . . . . . . . . . . . .

19

DATA ANALYSIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

IMPLEMENTATION IN THE BARANGGAY LEVEL. . . . . . . . . . .

22

EVALUATION AND ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . .

23

IV. CHAPTER THREE CONCLUSION AND RECOMMENDATIONS CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

RECOMMENDATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

V. REFERENCES VI. APPENDICES

Chapter I INTRODUCTION Background of the Study The implementation of R.A. 9003 or the Solid Waste Management Act of 2001 provided the necessary framework and institutional mechanisms for the proper treatment of waste and waste disposal. The law sets the appropriate guidelines for waste minimization and introduction of proper treatment measures (i.e. segregation, transport, collection, disposal, recycling procedures) enhanced through the promotion of national research and development programs. As provided in the law, together with the creation of the National Solid Waste Management Commission, is the creation of Local Government Solid Waste Management Plan which is strategically and geographically enforced in the local government units (LGUs) for the implementation of safe and sanitary management plans for solid waste treatment in the respective areas. The study looked into the Local Government Solid Waste Management Plan of Barangay Lahug in Cebu City and provided assessment of its solid waste management plan in accordance to the guidelines stipulated in R.A. 9003. The case study scrutinized the solid waste management strategy implemented in Barangay Lahug and examined the effectiveness of the waste management plan in terms of waste treatment and minimization of waste generated in the barangay. Statement of the Problem The research problem is concerned on the following questions: How did Barangay Lahug adopt the institutional mechanisms provided in R.A. 9003? Does Barangay Lahug have a solid waste management plan which is in accordance with the guidelines stipulated in R.A. 9003 and its local ordinances? How effective is the barangay in terms of complying with the rules and guidelines of R.A. 9003 and of the local ordinances? Further, the study aimed to answer the following specific questions: 1. What is the profile of Barangay Lahug in terms of: 1.1. 1.2.

Land Area; Demographics (i.e. population density, no. of households, socio-economic status, and population);

1.3.

Industries present;

1.4.

Barangay ordinances which are related to R.A. 9003; and

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1.5.

Budget Allocation?

2. What is the waste characterization of Barangay Lahug in terms of: 2.1. Volume of waste collected; and 2.2. Classification of waste collected? 3. How does the barangay collect and transfer its wastes as presented through the: 3.1. Sources of waste; 3.2. Schedule of waste collection; 3.3. Presence of landfills/dumpsites and their location; 3.4. Means of collection; and 3.5 Resources (Garbage Collection Facilities)? 4. What are the practices of waste segregation in the barangay especially in: 4.1. Households? 5. Is there a Material Recovery Facility (MRF) in the barangay? If so, what are the: 5.1. Means of processing waste? 6. Does the barangay engage in recycling their wastes? If so, what are the: 6.1. Means of recycling waste; and 6.2. Incentives from recycling waste? 7. How does the barangay reduce its wastes as presented through the: 7.1. Means of source reduction; and 7.2 Incentives for source reduction? Rationale The problem of waste is an ecological concern and should not be taken for granted. Various environmental problems arise from improper waste disposal and inappropriate treatment of waste could exacerbate the waste problem and have a major bearing on the health impacts of residents living near landfills, dumpsites or other waste treatment facilities. As students of environmental politics and policy, the researchers recognize waste as a major environmental concern which should be properly addressed by government authorities to ensure the protection of public health and the environment. The choice of research locale is primarily due to its strategic vicinity and accessibility for the researchers to conduct the study given the barangay’s convenient distance from the school. Also, the researchers believe that this study can contribute to the immediate community to which the school belongs. RA 9003 is an important governmental mechanism to be sought to and evaluated in the assessment of the local government’s solid waste management system. According to the 2|Solid Waste Management: Baranggay Lahug

Philippine Commission on Audit, Republic Act 9003, otherwise known as The Ecological Solid Wastes Management of 2000, is one of the environmental laws implanted by the Environmental Management Bureau (EMB) of the Philippines as a line bureau of the Department of Environment and Natural Resources (DENR). The Act provides “for an ecological solid waste management program, [creates] the necessary institutional mechanisms and incentives, [declares] certain acts prohibited and [provides] penalties, [appropriates] funds therefore, and for other purposes (2005).” The assessment of the LGU’s compliance to the environmental law (i.e. barangay Lahug’s adoption of RA 9003 through their local ordinances and its implementation process) is essential in determining the initiatives of the LGU to address solid waste problem and evaluating the government’s dedication to environmental protection. Proper waste management is important, and the assessment of the solid waste management in Barangay Lahug can help in evaluating the effectiveness of the Local Government Solid Waste Management Plan in promoting and ensuring environmental practice on waste management. Furthermore, the case study could provide recommendations for better implementation of the solid waste management plan of the barangay to foster a healthier and less wasteful community. Objectives The study focused on providing an assessment of the solid waste management plan of Barangay Lahug in accordance with R.A. 9003. The study sought to determine the effectiveness of the solid waste management plan of the barangay in terms of reducing waste and its treatment. Further, it aimed to achieve the following: 1. To provide a profile of Barangay Lahug. 2. To determine the volume and classification of waste collected in the barangay. 3. To identify the means and sources in the collection and transfer of wastes. 4. To identify the segregation practices done by the households in the barangay. 5. To determine the availability of an MRF in the barangay and its means of processing wastes. 6. To identify the waste recycling practices in the barangay and the probable incentives from them. 7. To determine the means and incentives of source reduction in the barangay.

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Significance of the Study Solid Waste Management is one of the many problems faced by the Philippines in the present generation. The presence of the Republic Act 9003 or the Solid Waste Management Act of 2001 became a good venue to study different Local Government Units in their efforts for Solid Waste Management for the reduction of wastes. The study on Barangay Lahug’s solid waste management is significant to the students, Local Government Units, lawmakers, and the barangay itself. It is important because provided them with knowledge on whether Lahug adopted the solid waste management properly. It provided for the assessment of the baranggay in the said implementation. The study served as a source of information to the students and help raise awareness of the efforts present in their community especially those concerning the environment. Moreover, it provided for knowledge needed to reduce waste in the environment. Likewise, the study is significant to Local Government Units (LGUs) especially to those LGUs which encountered difficulties in managing their solid waste. The study can be their guide in their own adoption and creation of their own program of action about solid waste management. It is also significant to the lawmakers so that they can pass future laws concerning the environment, further addressing the problem of waste management in the country. The study could supplement relevant information to the lawmakers in the assessment of whether the RA 9003 is strong enough to solve the problems of solid waste management. This study can also be used as reference in strengthening the current law. Moreover, the study is significant to Barangay Lahug since it served as reference for the assessment of efforts in promoting solid waste management. It also recommended actions for the strengthening of the current actions undertaken in the locale. It can serve as reference in promoting the development of their community in managing their solid waste since the study is an evaluation of the current efforts undertaken by the baranggay. Lastly, it is important to the researchers because proved as to the extent and strength of the RA 9003 as a law. It also presented the active participation of the LGU’s in adopting the law in fulfilling their job in addressing their problem of solid waste management. The study gave the researchers better understanding to the actions of LGU in addressing their problem of solid waste.

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Scope and Limitations The study aimed to know whether RA 9003 was adopted by the LGU’s in the efforts on solid waste management. It served as an evaluation of the progress of the LGU’s regarding the solid waste management currently practiced by the community. The study presented the progress and the development of the chosen LGU in their management of their solid waste. The study is limited to Barangay Lahug. It covered the implementation of the solid waste management plan of Barangay Lahug and the segregation/recycling practices done by selected number of households in the barangay. It focused on the solid waste management of the barangay and their means of collection and waste reduction. The research is only a case study and only an evaluation of the barangay’s solid waste management. The evaluation also included the ordinances implemented by the barangay, transfer and collection of waste, and the possible means of waste reduction and recycling processes undertaken by the barangay. The study did not include the waste segregation/recycling practices of the different industries and establishments present in Barangay Lahug. On the evaluation, the researchers used the RA 9003 provisions and the measurement acknowledge by the whole PS 189 class such as (transfer and collection, waste reduction, demographics, waste segregation). Theoretical Framework The following theories served as the framework of the study in evaluating the effectiveness of the solid waste management plan of the chosen barangay in accordance to the rules and guidelines set in R.A. 9003. The Structural-Functionalist theory emphasizes on the functional aspects of the structures and institutions in the political system. Efficiency and effectiveness of policy implementation is determined through the performance of its designated function. Almond and Powell suggested that the physical, social and economic environment influences these structures in the political system. This approach tackles on the institutions and structure within a political system, which include political parties, bureaucracy, local governments, etc. Almond and Powell suggested that these structures perform different functions, which in turn contribute and affects the society as a whole. The Structural-Functionalist approach can be used in looking at the interplay of the processes involved in the implementation of a certain policy and how the institutions in the 5|Solid Waste Management: Baranggay Lahug

political system carry out these processes. Likewise, this theoretical approach can serve as a framework for the assessment of Barangay Lahug’s implementation of their solid waste management plan as provided by their local ordinances juxtaposed to the guidelines stipulated in R.A. 9003. Also, the theoretical approach can be used as the lens to understand how the institutions of the LGU (i.e. Barangay Lahug) carry out the provisions contained in their solid waste management plan in accordance with R.A. 9003. The Integrated Sustainable Waste Management Framework is also an important framework in assessing waste management systems. The former consists of three dimensions: (1) stakeholders (everyone who has stake or interest in the current waste management system; (2) waste system elements (includes the operational elements from generation to disposal); and (3) sustainability aspects (includes the technical, social, political, environment and financialeconomic). This framework will serve as foundation for the assessment of the effectiveness of the local ordinances in Barangay Lahug in line with the provisions of the RA 9003, so as the practice of the households and industries in line with the provisions in the ordinances.

Conceptual Framework

The above framework assessed the implementation of the RA 9003 in Baranggay Lahug, manifested through the local ordinances in the baranggay. Structural Functionalism theory gives emphasis on the functional aspects of a structure in a given system. The importance of 6|Solid Waste Management: Baranggay Lahug

structures, such as local governments like baranggays and cities, were assessed as to the functions they perform in line with the implementation of the RA 9003. More so, it assessed the enforcement actions of the departments of the baranggays, in line with its ordinances. Lastly, the assessment of the implementation was based on the practice of the residents and industries in the baranggay.

This framework helped in the evaluation of the effectiveness of the ordinances present in Baranggay Lahug. The evaluation was based on three criterion: stakeholders, waste system elements and sustainability. This is based on the Sustainable Waste Management Framework as provided for in the theoretical framework. Definition of Terms Biodegradable waste

- refers to waste materials that can be

Ecological solid waste management

decomposed by microorganisms -shall refer to the systematic administration of activities which provide for segregation at source,

segregated

transportation,

storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do Hazardous wastes

not harm the environment - refer to solid wastes or combination of solid waste

which

because

of

its

quantity,

concentration, or physical, chemical or infectious characteristics,

may

cause

7|Solid Waste Management: Baranggay Lahug

or

significantly

contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose substantial present or potential

hazard

to

human

health

or

the

environment when improperly treated, stored, Non- biodegradable waste Recyclable waste

transported or disposed of or otherwise managed -refer to waste materials that cannot be decomposed by microorganism -shall refer to any waste material retrieved from the waste stream and free from contamination that can be still converted into suitable beneficial use or for other

Solid waste

purposes -refer to all discarded household, commercial waste, non- hazardous institutional and industrial

waste,

construction Source reduction

street

debris,

and

sweepings, other

non-

hazardous/ non- toxic waste -Source reduction, also known as waste prevention or pollution prevention, is the elimination created. It manufacture,

of

waste

involves purchase

before the or

it

is

design, use

of

materials and products to reduce the amount or toxicity of what is thrown Waste segregation

away. -refers to sorting and segregation of different materials found in solid waste in order to promote recycling and re- use of resources and to reduce the volume of waste for collection and disposal

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Methodology The study is qualitative and quantitative in nature. The qualitative aspect of the study dwelt on the assessment of the Solid Waste Management in Baranggay Lahug on the framework of the Republic Act 9003 or the Solid Waste Management Act. The assessment is based on the local ordinances currently implemented on the baranggay. More so, the quantitative aspect of the study, which is to gather data regarding the implementation and enforcement of the ordinances, dealt on the practices of the households with regards to their waste segregation and recycling processes in the baranggay. Surveys on the households were done to evaluate the enforcement of the ordinances of the baranggay and the different responses to the implementation of the ordinances. A total of 100 households from the present household population in the barangay were chosen as respondents for the survey. The study used a survey instrument (i.e. questionnaire) which comprised of a set of questions dealing on the waste segregation and recycling practices, as well as the awareness of the residents about the ordinances implemented in the barangay with regards to solid waste management. The data sources of the study comprised of primary and secondary sources. The secondary sources included copies of the ordinances of Baranggay Lahug and the copy of the RA 9003. The copies of the ordinances gave the researchers a background through which the status of Solid Waste Management in Barangay Lahug was assessed. The ordinances provided for the preliminary assessment of the Solid Waste Management of the baranggay. The primary source of the study included a series of surveys and interviews among the residents of Baranggay Lahug. The data gathered served as assessment on the current situation of the baranggay. The data gathered provided the assessment of the implementation and enforcement of the baranggay on the perspective of the residents in the barangay.

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Chapter II REVIEW of RELATED LITERATURE Upon the implementation of the Republic Act 9003 in 2000, various local governments have adopted and integrated the law into local laws and ordinances. RA 9003 provided the framework as to the Solid Waste Management Plans in various LGUs in the country. In line with the implementation of the RA 9003, various researches and reports are published regarding the assessment of the implementation of the Republic Act in the local governments. These studies range from the assessment of the local governments in their implementation of the RA 9003, to the challenges and mechanisms of solid waste management in the Philippines. Richie Grace Lago of Liceo de Cagayan University studied on the Solid Waste Management system in Bayabas, Cagayan de Oro City. Her study entitled “Solid Waste Management Needs of a Suburban Community” studied the terms of handling, storage, collection, transfer and transport, processing and disposal of solid waste in the said community. In the abstract of her study, she indicated baranggay officials, baranggay workers and baranggay residents as the respondents of the study. She measured on the respondents’ awareness of the Republic Act 9003 or the Ecological Solid Waste Management Act of 2000 and the initiation of the LGU in the implementation of the said Republic Act. The researcher concluded that the respondents have moderate awareness of the RA 9003 and that this level of awareness led to the low cooperation in the LGUs in terms of the implementation of the Republic Act. She also concluded that this moderate level of awareness “discloses a community interest in adopting the introduced solid waste management system.” Moreover, the assessment of the respondents on the Republic Act 9003 depended on their level of awareness of the Republic Act and the perceived importance of the Materials Recovery Facility. Lastly, the researcher concluded that the baranggay should take the lead on the implementation and support of the Republic Act 9003, which will in return affect the receptiveness of the respondents to the said Act. Francis Paulo M. Quina’s study on “Wasting Away: The challenges of solid waste management in the Philippines,” a study posted on the UP Forum, tackled on the situation of solid waste management in the country. The researcher presented the current deplorable state of the Philippines in terms of waste, especially on landfills and dumpsites. The researcher talked on the current law managing the solid waste management in the country and the urban planning and renewal. The study imparts on the poor urban planning that led to the current solid waste 10 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

management problem, especially in Manila. The study stated, “to begin with, poor urban planning and its inadequate implementation in Metro Manila have contributed significantly to the solid waste problem.” It also presented the current situation of the LGUs which acknowledges the sector of tourism, thus reducing the impacts of the community on the environment, mainly caused by the wastes generated in the households and industries. The study assessed on the role of the Filipino individuals to the segregation of waste, saying that “most Filipino households don’t even bother to segregate their solid waste. Because of this, there is a pressing need for Material Recovery Facilities (MRFs) in communities across the country. These facilities process solid waste to recover recyclable and reusable materials, not only greatly reducing the volume of solid waste, but also generating revenue for the LGUs.” William H. O. Streegan assessed on the compliance of Bacolod City to the RA 9003. The researcher presented facts on the current situation of Bacolod City, including the fact that waste management problems as a major pillar in the flooding of Bacolod City. The researcher also presented the current situation of Baranggay Felisa as the city’s illegal open dump, where a sanitary landfill is proposed to be situated. The researcher assessed Bacolod City into five conclusions. First, “the Bacolod City Government did not comply with the guidelines and deadlines of RA 9003 and therefore the National Solid Waste Management Commission.” Second, the City Government failed to address the DENR’s request to establish a sanitary landfill. Third, the City Government did not heed the call to close illegal open dumpsite in Baranggay Felisa. Fourth, that the City Government could be subjected to criminal sanctions as a result of non-compliance to RA 9003. Lastly, the City Government continued to operate the illegal dumpsite in Brgy. Felisa. As a whole, the researcher stated that “it is imperative that the City should be more serious about the implementation of RA 9003 and should fasttrack its information drive on this law so that the citizenry could become more aware of its provisions. It is equally imperative that the citizenry, either in their homes or in their workplaces should implement proper waste segregation, so that the City could comply with its agreement with the DENR.” Another related study is Jessie Todoc’s “Decentralized Solid Waste Management In The Philippines,” which sought to analyze the framework of Solid Waste Management in the Philippines. The study also aimed to “formulate strategies for its replication in the country and among local government members of the Kitakyushu Initiative Network.” The study tackled on four baranggays and villages in the country, which assessed the compliance of Local Government Units to the Republic Act 9003. It further scrutinized on the budget allotment, disposal facilities, and sanitary landfills of the LGUs. 11 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

The book entitled “The Garbage Book: Opportunities for Change” assessed the implementation of the RA 9003 at the baranggay level. It states that, “while the extent of formal recycling through local government initiatives has been limited, informal and private sector recycling is extensive, at all points from waste generation through to final disposal. Scavenging forms a significant element of this activity.” It is found out that an insignificant amount of 10% of waste is only recycled. More so, it assessed that “community-based initiatives involve waste segregation at source, recycling, and composting. Programs have been attempted in many barangays throughout Metro Manila—some have succeeded, others have failed for one reason or another. Leadership is the key factor in successful programs. In most cases, the initiative is led by the Barangay Captain or nongovernment organization aligned with the zerowaste movement.” With the signing of RA 9003 into law, a challenge is posed for the local governments to implement the provisions of the republic act into local laws and ordinances. Various local governments have adopted and have implemented the RA 9003 into local ordinances, but the challenge comes with putting right sanctions to the violators of the law. The assessment provided for by the different researchers suggests that despite the presence of local ordinances, there is still much to be done.

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Chapter III PRESENTATION, INTERPRETATION and ANALYSIS OF DATA Profile of Barangay Lahug Barangay Lahug stands as one of the active barangays in Cebu City and at the same time has been considered as a prospect to be the “Makati of the South”, which has an estimated total population of 50, 000, a total household population of 40, 000, and is composed of 44 sitios. The land boundaries of Barangay Lahug are: Barangay Kasambagan and Barangay Apas, in the North; Barangay Camputhaw in the South; Barangay Luz, East; and Barangay Kalunasan in the West. (see Appendix 3: Baranggay Map.) With a total land area of 443 hectares, Barangay Lahug opened avenues for the development of various business and industrial establishments that importantly include Waterfront Hotel and Casino, Asia Town I.T. Park, Cebu Grand Convention, Cebu City Civic Trade Center, Cebu Parklane International Hotel, and Cebu Marco Polo Plaza Hotel. The globally operating car dealers—Honda Motor and Ford—have established their offices in Lahug. Included in the important landmarks of Lahug are the University of the Philippines, University of Southern Philippines, JY Square Mall, and the long established Beverly Hills subdivision. In addition, there are various religious and educational establishments in Barangay Lahug. According to the record of the barangay, there are, in fact, six (6) Day Care Centers in the area. Churches and temples are also conspicuous in the barangay including: St. Therese Parish Church, Taoist Temple, Phu Sian Temple, and Heavenly Temple. (see Appendix 4: Baranggay Profile) With regard to how the barangay manages its people and the social matters that concern the latter, Barangay Lahug allocated half of its annual budget—which amounts to P13M—to general services that aides to sanitation and the environment. Part of the barangay services for sanitation and the environment is its Solid Waste Management, anchored on Republic Act 9003 and City Ordinance 1361 and 2031, which Barangay Lahug adopted. Baranggay Lahug’s Adoption of RA 9003 and City Ordinances RA 9003 or the Ecological Solid Waste Management Act of 2000 gives the Local Government Units the initiative on the creation of Local Ordinances pertaining to the segregation and treatment of solid wastes in the locality. In Section 16 of the RA 9003, LGUs

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“through its local solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management framework.” Section 10 of the RA 9003 defines the role of LGUs in Solid Waste Management. It states that: “Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local government code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions. Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes: Provided, That the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city.” The Cebu City Government implemented the RA 9003 through the City Ordinance No. 2031, entitled “An Ordinance For The Implementation of Solid Waste Segregation At Source, Providing Penalties for Violations Thereof, and the Creation of a Special Fund for Incentives which seeks to answer the specific concerns on treatment and segregation of solid wastes in Cebu City. ” (see Appendix 1: Cebu City Ordinance 2031) As a component baranggay, Lahug boasts the adoption of the City Ordinance 2031, applying its provisions to its constituents. Baranggay Lahug also adopted the City Ordinance 1361, which seeks to “establish a system of garbage collection, imposing fees therefore, and expropriating funds and for other related purposes.” (see Appendix 2: City Ordinance 1361) Mrs. Emper Capili, Baranggay Lahug Focal Person, said, “we have implemented the City Ordinance 2031. Naa mi mga pulong-pulong ug mga signage para makabalo ang mga tao especially sa mga sitio. (We have meetings and signage to educate the constituents especially in the sitios.)” She further said that the provisions of RA 9003 and its adoption into a local ordinance were their bases as to the signs and warnings that they have been posting around the baranggay. City Ordinance 2031 penalizes an individual or group of fines, fees and community service should the city ordinance is violated. Moreover, Councilor Jovito Taborada, the Chairman of Health and Sanitation in Baranggay Lahug, said that the baranggay also adopted the City Ordinance 1361, which pertains to the collection of garbage in the baranggay. Like Mrs. Capili, he said that their constituents are informed of the ordinances through a scheduled pulong-pulong (meetings) with the constituents, especially in the sitios. Councilor Taborada said that 50% of the baranggay’s annual budget goes to general services, which includes the health and sanitation in the baranggay. Baranggay Lahug’s annual 14 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

appropriation is thirteen million pesos, with the general services constituting the largest chuck of this amount. Section 14 of the City Ordinance 2031 cites the appropriation for Solid Waste Management plans. It states that, “for the initial operating expenses for the enforcement of this ordinance, the sum of five hundred thousand pesos is hereby appropriated out of the General Funds of the Government of Cebu, not otherwise appropriated. Thereafter, such sums as may be necessary to carry out its purpose shall be taken from the garbage fees collection of the city under its Special fund Act.” Mrs. Capili and Councilor Taborada, however, did not specify their sources of fund for the adoption and implementation of the ordinance in the baranggay. Mrs. Capili said that the baranggay provided for the fund needed to procure the garbage trucks used for the collection within the baranggay. These garbage trucks operate daily to collect the waste of the baranggay. Councilor Taborada, moreover, said that the maintenance of these trucks cost much and consumes a big portion of the budget. Volume and Characterization of Waste Section 4 of the City Ordinance 2031 provided for the Waste Classification of all solid wastes generated in the locale. It classified solid wastes into five major groups: (a) biodegradable/compostable wastes; (b) non-biodegradable wastes; (c) reusable/recyclable wastes; (d) hazardous or special wastes; and (e) bulky wastes and white goods. Councilor Taborada said the collection of waste in the baranggay is classified only into three groups. These are (a) the biodegradables, (b) the non-biodegradables, and (c) the special wastes or toxic wastes. He further added that these special wastes would be treated differently from the other two variants and will be collected by the city for special treatment. As to the volume of wastes collected by the baranggay, Councilor Taborada said that Lahug have three garbage trucks available for garbage collection, all funded by the baranggay. He said that each truck could collect approximately 1.1 tons of garbage per operation. Each truck operates twice a day, everyday, covering most of the sites in the near road, and in cases of sitios, trucks collect the garbage depending on the schedule. With the number of trucks available for collection every day, Baranggay Lahug collects an approximate 6.6 tons of waste everyday. Engineer Roger Legaspi of Department of Public Services confirms this claim as they collect waste from Lahug with the volume of six (6) to eight (8) tons per day. Baranggay Lahug have no dumpsite, so all the waste collected in the baranggay will be turned over to the city level. Engineer Legaspi said that the collection from Lahug came from upper and lower Lahug.

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Collection and Transfer of Wastes Article 3 of the RA 9003 defines the Collection and Transport of Solid Wastes. It sets the requirement for the collection and transport of solid wastes, and the guidelines for transfer stations. Section 7.1 of the City Ordinance 2031 states that the local baranggay unit “takes charge of the collection of the collection of reusable/recyclable and biodegradable/compostable wastes in their respective baranggay while the City Government takes care of the collection of non-biodegradable wastes, bulky wastes, and other wastes in consonance with RA 9003.” Mrs. Emper Capili said that the sources of waste collected by the baranggay comes primarily from the households. They also collect solid wastes from the industries and establishments present in the area. On the other hand, Councilor Taborada said that household wastes are collected every day, but the City Government collects wastes from the establishments. Engineer Roger Legaspi confirms Councilor Taborada’s claim that the City Government collects the solid wastes from the industries. These establishments include JY Square, City Lights, Red Carpet and the villages in the baranggay. As to the schedule of waste collection, Councilor Taborada said that the garbage collection happens every day. Three garbage trucks are available for the collection of wastes every day. These trucks operate twice a day. Cebu City Ordinance 1361 creates a system of garbage collection, which serves as basis as to the collection of garbage in the baranggay. Article 4 of City Ordinance 1361 states that “each homeowner, tenant, manager or person-incharge of any building or any room or space therein shall provide a receptacle in which he shall deposit or cause to be deposited all such garbage, rubbish, trash or waste materials and which receptacle shall be maintained in sanitary condition at all times by him or his representative and placed in such a location that is easily accessible but not obtrusive to the pedestrians.” Furthermore, City Ordinance 1361 states that the collection of garbage shall depend on the schedule prepared and promulgated by the Department of Public Services. Engineer Legaspi of DPS said that they collect garbage from the baranggay daily. Councilor Taborada said that the baranggay trucks operate collection of solid wastes daily, and collects twice per day. Councilor Taborada and Mrs. Capili said that the collected wastes from the households would be turned over to the city government for dumping. Baranggay Lahug has no landfill and dumpsite available for the waste collected within the baranggay. Department of Public Services collect these wastes and dump it to Inayawan. Section 21 and 22 of the RA 9003 provides for the means of collection of the Solid Wastes. It states that:

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Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further; That wastes shall be segregated into the categories provided in Sec. 22 of this Act. Section 22. Requirements for the Segregation and Storage of Solid Waste - The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection: (a) There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate designated area; and (b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste", or any other classification as may be determined by the Commission. In the City Ordinance Level, Section 6.1 states for the provision on “No Segregation, No Collection.” It states that “segregation of wastes must be observed since unsorted wastes shall not be collected at all.” Councilor Taborada said that this has been implemented in the baranggay. The garbage truck of baranggay Lahug collects solid waste twice per day, one round for the biodegradable, and another round for the non-biodegradable. He further said that the constituents, especially in the sitios, has been informed of this policy through the conduct of pulong-pulong or meetings in the baranggay. The only means in collecting garbage in the baranggay are the three garbage trucks provided for the baranggay. Councilor Taborada said that Lahug initiated for the purchase of these trucks and did not rely on the City Government for the procurement of such facility. There are no other facilities for garbage collection, aside from the truck and from small scale garbage collectors. Waste Segregation Practices in the Households Fifty-two of the 100 household respondents (52 out of 100) interviewed practice waste segregation in their households. They segregate plastics, bottles, papers, cans and peelings of fruits and vegetables. Their primary motivation for segregation was the incentive they could get 17 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

from segregating their wastes (i.e. they can earn money from things that they segregate). Further, they can reuse some of the waste materials (e.g. cans and plastics) as storage containers at home. Plastics were the common waste that were segregated followed by cans, bottles, papers, and vegetable and fruit peelings. The residents of Barangay Lahug practiced waste segregation because they can benefit from it especially from the additional income that they get from segregating their wastes. On the side of the barangay, they implemented fines for residents who did not engage in waste segregation. However, despite the presence of the policy, some households do not segregate their wastes and dump their garbage in sacks and damaged pails. Before, the barangay was strict in implementing the No Segregation, No Collection policy but because of the continuing waste segregation malpractice of some residents, the policy was not sustained. The barangay has no choice but to collect the un-segregated garbage since leaving the garbage in the street would create a problem of sanitation and the unattended waste would produce awful smell. At present, the garbage collectors are the ones in-charge of segregating the waste they collected in the barangay. As to the knowledge of the respondents on the presence of ordinances, a significant 48 of 100 said that they are aware that there are ordinances pertaining to the segregation of wastes at home. The answers as to the awareness of these ordinances vary from sanctions such as penalties and community work. Some of these respondents also said that they are aware that the baranggay has been implementing a waste segregation policy that is why they practice the segregation of wastes. Materials Recovery Facility Section 32 of the RA 9003 provides for the establishment of Materials Recovery Facility or MRF in LGUs. It states that “there shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long term storage or disposal facility or sanitary landfill.” However, despite the city’s adoption of the RA 9003 through the City Ordinance 2031, the ordinance is silent about the creation of MRF. Baranggay Lahug, however, initiated for the creation of MRF in the baranggay. Councilor Taborada said that the baranggay has sent a proposal to the city government for the creation of 18 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

a Materials Recovery Facility in the locality. However, this claim cannot be verified since the researchers were not able to secure a copy of the proposal. Recycling and Source Reduction Practices Barangay Lahug engages in recycling practices through their barangay cooperatives. Members of the cooperatives make use of the plastic bottles, plastic bags and tetra packs as vases and bags. It is part of their livelihood program and also with the environment and sanitation committee. However, according to Barangay Councilor Taborada, Chairman of Environment and Sanitation Committee, the cooperative’s recycling practice does not have a great impact on waste management in the barangay because only a small portion of the wastes were used. Some of these bottles and plastics were personally sold by the residents and, and they do not usually turn over those recyclable materials to the barangay cooperative. Although the barangay seeks cooperation with private entrepreneurs to help them in buying recyclable materials from the residents, the cooperation did not succeed. It is because the buyers offer less price to the recyclable wastes compared to those people who push carts for garbage. The project did not last long. Also, there were no NGOs who are interested to help the barangay in managing their solid waste unlike in Barangay Luz who has CPAG to assist them in developing their barangay. The barangay does not give incentives to those who have the most recyclable materials being kept because according to Councilor Taborada and Ms. Capili, the barangay wanted the citizen to act according to their responsibility as a citizen of the barangay and act according to their own free will. The barangay would not tolerate people who acted only for their own benefits and see government work as a business or enterprise. In addition, providing incentives was not adopted in encouraging waste segregation, recycling garbage and most of all in waste or source reduction. According to Councilor Taborada, the barangay or the committee itself does not initiate source reduction. According to him, they cannot control the amount of waste produced by the households. They would not encourage incentives because it would mean that the citizens do not act according to their responsibility. They do not have the pleasure to encourage such project that would lead to people’s participation through incentives.

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Data Analysis R.A. 9003

Ordinances City Ordinance 2031 City Ordinance

Implementation in the Barangay

1361 Role of the LGUs in Solid Waste Management (Section 10)  Segregation and collection of solid waste (i.e. biodegradable, compostable, & reusable) – barangay  Segregation and collection of waste (i.e. nonrecyclable & special wastes) – city government Establishment of Multi-Purpose Environment Cooperatives or Associations in every LGU (Section 13) Components of Local Government Solid Waste Management Plan (Section 17)  Waste characterization (i.e. volume of waste, source generation, classification)  Collection and Transfer  Source reduction  Recycling

 LGU has the primary responsibility to implement ecological solid waste management system  Local barangay – in charge of collection of reusable/recyclable and biodegradable wastes  City government – in charge of collection of non-biodegradable, bulky and special waste

• Barangay collects the segregated waste generated from households • City collects the waste from the establishments and industries

 The barangay is encouraged to form cooperative(s) within the community to handle biodegradable/composta ble or recyclable waste  Waste classification: biodegradable, nonbiodegradable, reusable/recyclable, hazardous/special and bulky wastes  Waste collection points during the set schedule of collection  Generators must provide their own storage area within their premises

• Creation of cooperative for recycling wastes

 Collection of garbage is divided on the basis of volume of garbage and population

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• Waste Classification: biodegradable, nonbiodegradable, and special waste • Schedule of collection is everyday but may vary in other areas • Waste generation comes from households, industries and establishments in the barangay • A small percentage of wastes are

Segregation of Wastes (Sections 21 & 22)  Mandatory segregation of solid wastes  Requirements for the segregation and storage of solid waste (i.e. “compostable”, “nonrecyclable”, “recyclable”, or “special waste”) Establishment of LGU Materials Recovery Facility (Section 32) Incentives for resource reduction and recycling (Section 45)

The

recycled and goes to the cooperative • Barangay Lahug belongs to zone number 8 • The barangay does not collect the waste if not segregated

 No Segregation, No Collection  Generators must store each type of waste in separate containers to facilitate collection and disposal

• There is a proposal to establish MRF in the barangay • No incentives for source reduction and recycling wastes; instead the barangay conducts meetings in the sitios to encourage people to segregate their waste

 Incentives for barangays and deputized enforcers for apprehending persons/entities violating the ordinance

Structural-Functionalist

theory

explains

that

the

effectiveness

of

policy

implementation is presented though the functioning of the different parts in the political system. In the case of R.A. 9003, the success of the implementation of the law lies on its efficient operationalization in the local government units. R.A. 9003 provides the necessary framework and institutional mechanisms for the proper waste treatment and disposal. Section 17 of R.A. 9003 outlines the necessity of passing and enforcing ordinances in the local government units for the effective implementation of a collection system in the barangay. This provision in the 21 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

Republic Act was successfully materialized through the implementation of City Ordinance 2031 (An Ordinance for the Implementation of Solid Waste Segregation at Source, Providing Penalties for Violations Thereof, and the Creation of a Special Fund for Incentives) and City Ordinance 1361. Ordinance 2031 was adopted by Barangay Lahug so as to facilitate its waste collection system. The assessment and evaluation on the effectiveness of the implementation of R.A. 9003 through its operationalization in Barangay Lahug can be determined through the barangay’s fulfillment of the necessary provisions stipulated in R.A. 9003 and in city ordinances 2031 and 1361. Implementation in Barangay Level In terms of fulfilling its role on the solid waste management plan as provided in R.A. 9003 and Ordinance 2031, Barangay Lahug was able to follow this provision in the law. In an interview done by the researchers, Councilor Taborada confirmed that the barangay collects and segregates the waste generated from the households while the city government (e.g. Department of Public Services) is in charge with the collection of solid waste generated by the industries and establishments in the barangay. The establishment of a multi-purpose environmental cooperative was also carried out in the barangay. The cooperative was established to facilitate in the recycling process of recyclable and reusable waste that the barangay collected. Waste classification and characterization is carried out by the barangay given that the barangay segregates the solid wastes and classify them as biodegradable, non-biodegradable, or special waste. This is in concurrence with the defined waste classification and characterization provided in R.A. 9003 and Ordinance 2031. Schedule of waste collection in Barangay Lahug is everyday but may vary in other areas. This was confirmed by Engr. Roger Legaspi of the Department of Public Services (DPS). The waste collection of DPS was daily using 2 garbage trucks used for both lower and upper Lahug. For the barangay, 3 garbage trucks are used in solid waste collection. However, Engr. Legaspi mentioned that there was no coordination between the barangay and DPS as to the schedule and assigned collection points of solid waste in the barangay. Waste segregation is strictly implemented and observed in the barangay. The barangay follows the No Segregation, No Collection policy provided in Ordinance 2031 which is supported by R.A. 9003. The barangay does not collect the waste if not segregated beforehand. Fines and penalties were collected so as to ensure compliance to the law. However, this practice was not sustained since residents started to leave their waste un-segregated and the task to segregate 22 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

was passed to the garbage collectors during collection. The schedule of collection is also properly coordinated with waste segregation given that the barangay allocates a separate schedule of collection for the different waste classification (i.e. biodegradable, nonbiodegradable, and special waste). In cases that the wastes collected are not properly segregated, the garbage collectors do the segregation of the wastes. Reduction and recycling of waste are less practiced and observed in the barangay since there are no source reduction and incentives for source reduction. There were also no incentives given for recycling of waste. In terms of public education and dissemination, the barangay conducts meeting in the different sitios to encourage people to segregate their waste. Moreover, the proposal for the establishment of a Materials Recovery Facility (MRF) in the barangay denotes a positive effort of the barangay to implement source reduction and encourage recycling in Barangay Lahug. Evaluation and Assessment of Solid Waste Management Plan Based on RA 9003, the issue on solid waste management in Barangay Lahug has been addressed. The barangay adopted the law and the City Ordinance 1361 and 2031 but the problem is the lack of the barangay’s implementation and sustainability of the said laws. They lack follow up and education of their constituents and fail to make the residents follow the law for proper waste management. Using the ISWM (Integrated Solid Waste Management) framework, among the stakeholders—the constituents and the barangay itself—the barangay was the only one to have complied with the provisions of the RA 9003 and City Ordinance 2031. However, the barangay failed to sustainably implement the said laws for it failed to gain the cooperation of its constituents. There may be those who practice waste segregation but not for the reason that they follow what the law said but because they can gain from through personal income. Hence, the citizens’ motivation for segregating and recycling their waste is driven more on personal benefit. Moreover, the barangay’s refusal to give incentives to those who practice recycling and waste segregation is also the reason why people fail to cooperate with the barangay’s program. The residents’ lack of encouragement and the government’s refusal to have concessions through incentives contributed to the drawbacks of the proper implementation of the solid waste management in Lahug. Yet, the barangay blames the residents’ laziness to the failure of the project which was very biased on their part. They fail to take into account that residents’ attitude

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towards the policy is due to the barangay’s lack of effort to encourage the residents to cooperate and give proper justification to the goal and consequences of the program.

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Chapter IV CONCLUSION and RECOMMENDATIONS Conclusion Based on the analysis and results yielded in this study, the researchers conclude that cooperation between the barangay and the constituents plays a vital role in the success of social programs implemented by local government units, as in the case of solid waste management. Sustainability of the program (i.e. solid waste management plan) is important in assessing the success of the implementation of the policy. In the case of Barangay Lahug, solid waste management was initially successful. However, the debasing level of cooperation between the barangay and the constituents created a problematic situation in the sustainability of the solid waste management plan and the implementation of the R.A. 9003 and some City Ordinances which anchored Barangay Lahug’s solid waste management strategy. Nonetheless, the researchers recognize and commend the barangay council’s effort in executing the guidelines and provisions stipulated in R.A. 9003 and the city ordinances (2031 & 1361) especially in terms of waste collection and segregation. In terms of waste reduction and encouragement of recycling practices, the barangay needs to improve in these key areas. The barangay could enhance its education and information campaign on the benefits of reducing and recycling wastes while providing greater avenue for the people to participate and contribute to the maintenance of environmental sanitation in the barangay. Moreover, the researchers also conclude that as stakeholders, the barangay and its constituents should take into account that both have responsibilities to carry out. After all, the problem of solid waste management is an important issue that needs authorities need to address with the cooperation of the citizens so as to ensure protection of public health and environment. Recommendations Based on the facts and information gathered by the researchers about the Barangay Lahug’s

solid waste management in accordance to RA 9003 and city ordinances 1361

(Garbage Collection) and 2031 (Implementation of Solid Segregation at Source), the researchers would like to recommend further studies about the topic, deepening on the analysis of the development and performance of the barangay in terms of its implementation of its solid waste management plan. In addition, the researchers recommend a further study on the waste segregation and recycling practices of the major industries and establishments in Barangay 25 | S o l i d W a s t e M a n a g e m e n t : B a r a n g g a y L a h u g

Lahug to determine and assess their solid waste management plan juxtapose the ordinances 2031 and 1361 and R.A. 9003. Furthermore, the researchers recommend a study on the impacts and sustainability of the solid waste management practiced by the barangay to evaluate the feasibility and maintenance of the existing solid waste management strategy employed by the barangay. The researchers also recommend the inclusion of the city in the study concerning their practices in waste segregation and collection. In addition, the study will be conducted to know if they implemented their solid waste management plan and sustained the presence of the plan together with its success or development. In this way, comparison on the implementation and achievement of the city and the barangay about the solid waste management plan could deepen the assessment.

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REFERENCES Books Almond, Gabriel and Bingham, Powell Jr. (1980). Comparative Politics Today: A World View. 2nd Ed. United States of America: Little Brown and Company. Internet Sources __________________. Ordinance 1361. Retrieved September 13, 2010 from http://www.globenet.org.preceup/pages/ang/chapitre/capitali/cas/phimana_e.htm Allen, Nicholas and Westfall, Matthew (2004). Opportunities for Change. The Garbage Book: Solid Waste Management in Metro Manila, 76-85. Retrieved September 16, 2010 from http://www.adb.org/documents/books/garbage-book/chap7.pdf Arellano Foundation. Republic Act 9003: The LawPhil Project. Philippine Laws and Jurisprudence Databank. Retrieved September 15, 2010 from http://www.lawphil.net/statutes/repacts/ra2001/ra_9003_2001.html Lago, Richie Grace M. (2009). Solid Waste Management Needs of a Suburban Community. Liceo Journal of Higher Education Research, 6(1). Retrieved September 16, 2010 from http://69.174.53.45/index.php?journal=LJHER&page=article&op=view&path[]=599 Maryland Department of the Environment. Source Reduction. Retrieved September 16, 2010 from http://www.mde.marlyland.gov/Programs/LandPrograms/Recycling/source_reduction/index.asp Quina, Francis Paolo M. Wasting Away: The Challenges of Solid Waste Management in the Philippines. The UP Forum. Retrieved September 14, 2010 from http://www.up.edu.ph/upforum/php?i=199&archive=yes&yr=2008&mn=7 Streegan, William H.O. Compliance by Bacolod City of RA 9003. Negros Daily Bulletin. Retrieved September 15, 2010 from http://www.ndb-online.com/dec0308c2 Todoc, Jessie. Decentralized Solid Waste Management in the Philippines. IGES Enviroscope. Retrieved September 15, 2010 from http://enviroscope.iges.or.jp/modules/envirolib/view.php?docid=2529 World Bank. Integrated Sustainable Waste Management. Retrieved September 16, 2010 from http://www.worldbank.org/urban/solid_wm/erm/...Annex%204B.3.pdf Reference Persons Hon. Jovito S. Taborada, Jr. (Chairman, Committee on Environment and Sanitation) Mrs. Emperatriz Capili (GAD Focal Person)

APPENDICES

Appendix 1. Cebu City Ordinance 2031 Appendix 2. Cebu City Ordinance 1361 Appendix 3. Baranggay Lahug Map Appendix 4. Baranggay Profile – Baranggay Lahug

ORDINANCE NO. 1361 AN ORDINANCE ESTABLISHING A SYSTEM OF GARBAGE COLLECTION, IMPOSING FEES THEREFORE, AND EXPROPRIATING FUNDS AND FOR OTHER RELATED PURPOSES. TITLE I - POLICY Article 1. It is the policy of the government of the City of Cebu to promote and preserve the good health of its constituents so that all effects of the citizens and of the government should be harnessed and directed towards the full realization and implementation of such policy. Article 2. The citizens shall have the primary responsibility of achieving and maintaining cleanliness in their places of abode or work while the government shall suffer the ultimate responsibility of establishing and maintaining an orderly and modern program for the collection and disposal of garbage, rubbish, swill, trash and other forms of waste and waste materials. TITLE - RESPONSIBILITIES AND RIGHTS Article 3. It is the moral duty of each and every owner and/or tenant of any unenclosed residential building to clean the area of five meters from the nearest wall of the building of any dead animals and rodents, broken or empty bottles, glass or porcelain, used or empty cans canisters,cigars, cigarettes or butts, cut grass, waste, or used paper, fruit peelings, plastic or plastic materials, rubber, rags, fallen leaves, twigs or branches of trees, swill and all forms of garbage, rubbish, trash or waste materials. With respect to residential buildings enclosed with walls or fence, the five meter distance shall be measured from the nearest wall or fence. Article 4. In the case of commercial or industrial buildings, the responsibility mentioned in the next preceding article shall be borne by the manager or person-in-charge of the entity occupying the building or space there-in and the owners of the buildings, jointly. If juridical entities, the manager or person-in-charge thereof shall be held responsible. Article 5. Each homeowner, tenant, manager or person-in-charge of any building or any room or space therein shall provide a receptacle in which he shall deposit or cause to be deposited all such garbage, rubbish, trash or waste materials and which receptacle shall be maintained in sanitary condition at all times by him or his representative and placed in such a location that is easily accessible but not obtrusive to the pedestrians. Article 6. It is the responsibility of the homeowner, tenant, manager or person-in-charge to coordinate with the public services manager so that the garbage shall be regularly collected and properly disposed. Article 7. All pedestrians shall also be held responsible for the maintenance of the cleanliness and orderliness sought to be achieved under this title. TITLE III - PROHIBITIONS Article 8. It is unlawful for any person to spit, urinate or defecate on alley, street, sidewalks, pathway, park, plaza, or any other public places, or in the case of urinating or spitting on the walls and corridors of buildings. Article 9. It is unlawful to throw or deposit any garbage, rubbish, trash, or waste materials in any vacant lot, park, plaza, alley, sidewalk, street gutter, yard or other public places such as but not limited to river banks. Article 10. It is unlawful for any person, or group of persons, gave in any cases allowed by law or unless a prior authority has been granted by the Mayor for reasons of public order or the promotion of public health, to post or cause to be pasted any handbill or poster of any size or material of public buildings. This prohibition covers the act of strewing handbills or posters on the streets, sidewalks, pathways, plazas or public places. Article 11. It is unlawful for any person to pour out, scatter or spill any garbage, rubbish, trash, or waste materials from the receptacle Article 12. It is unlawful for anyone to use any animal- drawn vehicle on any alley, street, sidewalk, plaza or park unless he has provided his vehicle-drawn animal used thereby with a proper receptacle properly attached to the animal or vehicle and adequate for the collection and keeping of the animal manure or refuse.

No owner of any animal which had discharged its waste on any alley, street, sidewalk, plaza or park shall be allowed to leave the area where the waste was discharged on without properly collecting and disposing or causing to be collected and disposed the said waste. TITLE - MECHANICS OF GARBAGE COLLECTION Article 13. The urban barangays of the City of Cebu are hereby divided, on the basis of the volume of garbage and populations, into the twenty-one (21) contiguous and compact zones, namely: ZONE #1 ZONE (B) 12 Barangay Bulacao Barangay San Nicolas Proper " Pardo " Sawang Calero " Kinasang-an " Pahina San Nicolas " Quiot " Inayawan " Cogon, Pardo ZONE (B) 13 Barangay Pahina Central ZONE #2 " Kalubihan Barangay Basak Pardo " Kamagayan " Basak San Nicolas " Mambaling ZONE (C) 14 Barangay Sambag I ZONE #3 Barangay Tisa ZONE (D) 15 " Punta Princesa Barangay Sambag II including Fuente Osmena Rotonda ZONE #4 Barangay Labangon ZONE (E) 16 " Calamba Barangay Cogon Ramos " Duljo " Sta. Cruz " San Antonio ZONE #5 Barangay Guadalupe ZONE (F) 17

Barangay Zapatera Libot ZONE #6 " Lorega San Miguel Barangay Capitol and part of " Day-as Barangay Guadalupe " T. Padilla ZONE #7 ZONE (G) 18 Barangay Camputhaw Barangay Tejero " Tinago ZONE #8 " San Roque and part of Barangay Lahug North Reclamation Area ZONE #9 ZONE (H) 19 Barangay Apas Barangay Parian " Banilad " Central Proper " Talamban ZONE #10 ZONE (I) 20 Barangay Kasambagan Barangay Ermita " Luz " Suba " Hipodromo " Pasil ZONE (J) 21 ZONE #11 Carbon Market Unit - 3 Barangay Mabolo " Carreta and part of North Reclamation Area

However, the Department of Public Services or any other department of the Government of the City of Cebu which may hereafter be imposed with garbage collection duties may make such other zoning(s) as the demands of the service may require. Such additional zoning or re-zoning shall observe the same criteria of volume of garbage and population. Article 14. In each of these garbage zones shall be assigned at least a public services manager, a garbage truck, a driver and crew of garbage collectors and a complement of street cleaners. The necessary equipment, implements and tools shall be provided these teams by the City Government. Article 15. A schedule of collection of garbage and street cleaning for each zone shall be prepared and promulgated by the Department of Public Services, or any other concerned agency, in consultation with the public services manager of each zone. The schedule shall take into consideration such factors or combination of factors as maximum volume of collectible garbage, optimum convenience of the homeowners, tenants, managers or person-in-charge or a majority of them, least disturbance to traffic and minimum pollution and health hazards. Article 16. Whenever possible, strategic principal garbage collection points may b established in the garbage zones. When established, homeowners, tenants , managers or person-in-charge shall deposit or caused to be deposited in these strategic principal garbage collection points such garbage which may no longer r be or are not contained in their own receptacles. Article 17. Each homeowner, tenant, manager or person-in-charge shall be informed regularly, by and thru the public services manager of the names and identifications of the garbage truck delivers, collectors and complements as well as the schedule (or any charges) of the garbage collection in his area and the strategic principal garbage collection points whenever they are established. Article 18. The teams of garbage collectors and street cleaners, shall faithfully and religiously observe the schedule of street cleaning, of garbage collection and disposal.

On the time schedule for garbage collection, the teams of garbage collectors shall proceed to their designated garbage zones and, under the immediate supervisor of the public services manager, shall collect from the receptacles and strategic principal garbage collection points all garbage, rubbish and waste materials. Article 19. The Department of Public Services shall establish and maintained system of monitoring both the faithful observance of the schedule for actual cleaning and garbage collection. It shall also conduct, in coordination with the public services manager, a regular educational program and corresponding sustained drive for the effective implementation of this system of garbage collection. Article 20. The City Health Department is charged with the task of fielding sanitary inspectors to the different garbage zones in the city in order to check, inspect, advise and/or instruct the homeowners, tenants, managers or person-incharge on the correct and sanitary collection and disposal of their garbage. TITLE - MANAGEMENT OF GARBAGE ZONES Article 21. Each garbage zone shall be administered by a public services manager. He must be a resident of the zone for at least one (1) year prior to his designation and able to read and write. Article 22. The public services manager, as far as practicable, shall be taken form the organic personnel of the City Government. In the absence of a qualified and available employee of the City, the necessary Public Services Manager may be appointed from any qualified resident of the garbage zone concerned. Article 23. It shall be the responsibility of the Public Services Manager: (a) to see to it that the alleys, streets, sidewalks and pathways within his zone are regularly cleaned and swept by the street cleaner; (b) to supervise in the proper collection of garbage from the receptacles and the strategic principal garbage collection points by the team of garbage collectors, seeing to it that no garbage, rubbish, trash or waste materials are strewn on the streets or spilled from their containers during and after the collection; (c) to coordinate with each homeowner. tenant, manager or person-in-charge so that this and other related ordinances shall be properly implemented; (d) to observe and execute the guidelines set by the Department of Public Services and the City Health Department on matters of health and sanitation as may be related with this ordinance; (e) to have immediate supervision over the street cleaners, garbage collectors, the garbage truck driver, the complement of equipment, implements and tools, without prejudice to the administrative control of the Department of Public Services over such employees as defined by civil service laws, rules and regulation; (f) to report to the Chief, Department of Public Services, any tardiness, absences, misconduct, irregularities, anomalies of any of the men(employed) under his supervision or any infraction or violation of this and other related ordinance(s) for appropriate remedial administrative or legal measures; (g) Aside form the above enumerated functions, the public services manager is tasked with: a.a The monitoring of the drainage and flood controls programs of government as well as the reporting to the proper and concerned authority(ies) of the Government of Cebu City, the activities of the DEPW men who will carry out said programs on their respective zones. a.b The reporting to the proper agency concerned regarding road repairs and maintenance problems in his zone. a.c The reporting and monitoring of street light - the problems, illegal structures and construction, as well as squatting and squatter problems in his zone. a.d He may also perform such other functions as may be assigned to him by the Mayor, from time to time.

Article 24. The Public Services Managers, upon their designation, qualification and assumption, shall be placed under the direct supervision and control of the Department of Public Services Article 25. The Department of Public Services shall have the following additional duties and responsibilities, namely: (a) to prepare and implement a program of information dissemination to the homeowners, tenants, managers, or personin-charge of the provisions of this and other related ordinances; (b) to see to it that the guidelines promulgated by the Department of Public Services and/or the City Health Department relative to matters affecting garbage collection and disposal are properly implemented; and (c) to promulgate, establish and/or implement such other policies and guidelines as it may deem appropriate for the improvement of existing garbage collection and disposal system. TITLE VI - FEES Article 26. Effective April 1, 1990, there shall be paid to the City of Cebu by all persons, firms or entities herein holds specified, the following garbage fees, provided that the payment of the garbage fee may be made on a quarterly basis to be paid within the first 20 days of the first month every quarter. PROVIDED, HOWEVER, That: (a) Payments made in excess of the 1st quarter due shall be credited to future garbage fee; (b) 2nd, 3rd and 4th quarters due shall be in accordance with the new rates; and (c) Unpaid 1st quarter due shall be paid in accordance with the old rates. Article 27. There shall also be paid to the City of Cebu for depositing garbage or refuse in the city's disposal area, whenever deposit is made not by the authorized collector, the following garbage fees: P3,00 per truck of 1/2 ton, per delivery P5.00 per truck of over 1/2 ton, per delivery Article 28. Tree cuttings, plants, and foliage, lumber wastes and similar bulky refuse or solid waste are not to be considered as ordinary garbage, notwithstanding any provisions of this ordinance to the contrary. Persons or entities responsible for such bulky or solid wastes shall, therefore, be held accountable for their proper collection and disposal. Consequently, the following special garbage collection and disposal fee shall be imposed, thus: For one (1) ton or less of such garbage - P150.00 basic fee Over one (1), an additional of P100.00 per ton or a fraction thereof The Department of Public Services shall remove the above-mentioned bulky or solid waste only upon the showing by the person or entity responsible for the payment of such special garbage fee of the receipt issued by the City Treasurer for that purpose. The public services manager in whose zone the bulky or solid waste may be found shall, in addition to his regular responsibilities, see to it that the persons or entities liable for the payment of the said special garbage fee shall have paid the same. TITLE VII - ADMINISTRATIVE REQUIREMENTS Article 29. Payment of the garbage fees as imposed in this ordinance shall be evidenced by a certificate/official receipt issued by the Treasurer of the City of Cebu and which shall be secured within the first twenty (20) days of the month of January if paid annually or within the first twenty (20) days of the first month of the quarter, if paid quarterly.

In the case of those who may conduct or engage in any of the taxable businesses or trades as specified in the Omnibus Tax Code of the City of Cebu and those who may own or administer houses or buildings, subject to the payment of the garbage fee subsequent to January 1, 1990, they shall secure the certificate/official receipts mentioned in the next preceding paragraph within the first twenty (20) days after the date they first conducted or engaged in such business or trade and/or within the same period of time from and after owning or administering such houses or buildings. The yearly renewals/payments of the certificates/garbage fee shall correspondingly be made within the first twenty (20) days of January of each and every calendar year,if paid on an annual basis or within the first twenty (20) days of the first month of the quarter, if paid quarterly. In all of the aforestated cases, the failure to pay the garbage fees within the specified period shall be subject to an additional charge of twenty-five per centrum (25%) of the original fee which shall be collected at the same time as the original fee. Article 30. The transfer of ownership or title and/or tax declaration or any type of house or building, subject to the payments of garbage fee, shall be effected by the City Register of Deeds and/or the City Assessor only when the person or entity disposing the property by sale, donation, barter or any other mode of transfer of ownership of title to real state within the City of Cebu, shall have shown the certificates/official receipts evidencing the payment of the corresponding garbage fee imposed herein, including surcharges, if any. TITLE VIII - PENALTIES, COVERAGE, SEPARABILITY, REPEAL AND EFFECTIVITY Article 31. Penalties - In addition to the fees herein prescribed, any person found guilty of violating any provision of this ordinance shall be punished by a fine of not less than FIVE HUNDRED PESOS (P500.00) nor more than ONE THOUSAND PESOS (1,000.00) or by imprisonment of not less than one month nor more than six (6) months or both such fine and imprisonment at the discretion of the court. If the violation is committed by a juridical person, the manager or the person-in-charge in the management thereof shall be criminally responsible thereof. Every violation of any provision of this ordinance shall be construed as a separate offense and shall be punishable as herein provided. Article 32. Coverage - Residents , owners of residential houses, leasees, occupants, business establishments located in Barangays not mentioned in Article 13 hereof shall be exempt from the payment of garbage fees as herein provided until the said barangay shall have been included in the subsequent Garbage Zones which the City Council or the other duly authorized city government agencies may make or adopt; PROVIDED, That garbage collection and disposal services in the said barangay shall have been rendered and effected by the government of the City. Article 33. Separability - If any provision, article, or title of this portion hereof is, for any cause or reason, held, declared or pronounced as unconstitutional or invalid, the other provision, article hereof not so held, declared or pronounced shall remain valid and enforceable. Article 34. Repeal - This ordinance hereby repeals Ordinance No. 281, as amended by Ordinances Numbered 614, 811, 931, 945, 950 and 957, as well as Ordinances Numbered 241, 821, 804 and 1295. The provisions of Ordinance No. 1082 which are inconsistent herewith are hereby repealed. The other parts of the said Ordinance, as amended which are compatible with the provisions of this ordinance, shall remain in full force and effect and considered as suppletory in character. All other ordinances or parts of ordinances not specifically mentioned but which are inconsistent with the provisions of this enactment are likewise hereby repealed. Article 35. Effectivity - This ordinance shall take effect on April 1, 1990. CARRIED BY MAJORITY VOTES. (Cebu City Council Members Rama, Kintanar, Jr.,Borres, Jr. and Fernandez voted against).