MUNICIPAL ORDINANCE NO. 2017-08

AN ORDINANCE REGULATING THE COVERAGE PRODUCTION AREA OF CAVENDISH BANANA PLANTATIONS IN THE MUNICIPALITY OF LUPON, DAVAO ORIENTAL.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. TITLE – This Ordinance shall be called as the “CAVENDISH BANANA PLANTATIONS COVERAGE AREA LIMITATION ORDINANCE OF 2017.”

SECTION 2. SCOPE AND COVERAGE – This Ordinance shall cover the barangays of Lupon, Davao Oriental.

SECTION 3. DEFINITION OF TERMS – For purposes of this Ordinance, the following terms shall mean:

Buffer Zone – an area of land designated for environmental protection whereby planting cavendish bananas within two hundred to three hundred (200-300) meter-radius from the barangay site, residential and institutional areas is strictly prohibited.
Cavendish Banana – a widely grown banana cultivar with a bright yellow skin belonging to the cavendish subgroup of the AAA cultivar group which include a commercially important cultivars like ‘Dwarf Cavendish’ and ‘Grand Nain.’
East District – a traditional districting to determine school location as being set by public schools officials or DepEd to cover the barangays of Cocornon, Limbahan, Macangao, San Jose, Tagboa, Magsaysay, Lantawan, New Visayas, San Isidro, Don Mariano Marcos, Calapagan and Marayag.
SECTION 4. COVERAGE AREAS AND BOUNDARY LINES – There shall be established metes and bounds that would determine allowable areas for cavendish banana plantations:

All existing agricultural lands planted to cavendish bananas prior to the enactment of this Ordinance;
All barangays situated in the East District following the traditional school location being set by DepEd;
All barangays located east of Sumlog River are allowed for cavendish banana plantations;
In cases where a barangay is being split by Sumlog River, only the east portion of the agricultural lands of such barangay is allowed for cavendish banana plantations; and
A buffer zone of two hundred to three hundred (200-300) meter-radius away from the barangay site, residential and institutional areas must be strictly observed by the banana plantation operators.
SECTION 5. EXEMPTIONS

Barangays identified as within the allowed areas for cavendish banana plantations may opt to deny establishment of such plantation in their respective barangays through the act of the Sangguniang Barangay.
In case of Barangays Don Mariano Marcos, Calapagan and Marayag, all irrigated areas within agricultural lands must be protected and crop diversification from rice to Cavendish bananas shall be discouraged.
SECTION 6. PENALTY CLAUSE. All persons found violating this ordinance shall be fined, as follows:

First Offense – Five Hundred (P 500.00) Pesos;

Second Offense – One Thousand Five Hundred (P 1,500.00)

Pesos;

Third Offense and succeeding offenses – Two Thousand Five

Hundred (P 2,500.00) Pesos and/or cancellation

or suspension of business permit and licenses.

SECTION 7. SEPARABILITY CLAUSE. If, for any reason, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 8. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 9. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 8th day of May 2017.