Baciwa told to comply with environmental laws in operation of wells

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BACOLOD City Councilor Wilson Gamboa Jr. urged Bacolod City Water District general manager Mario Macatangay to comply with environmental and other related laws in the operation of the existing and construction of six new production wells.

The City Council passed a resolution on his call on Wednesday, July 12, citing Article II, Section 16 of the 1987 Constitution providing that the “state shall protect and advance the right of the people to a balance and healthful ecology in accord with the rhythm and harmony of nature.”

Also cited was Section 4 of Presidential Decree 1856 stating that “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.”

Moreover, Article 13 of the Water Code of the Philippines was also mentioned providing that “except as otherwise provided, no person, including government instrumentalities or government owned or controlled corporations, 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 providing 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.”

Section 27 of the Local Government Code 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,” it added.

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