Catanduanes Forum

Our organization was among those invited by the Sangguniang Bayan ng Virac on their 40th regular session yesterday, October 12, 2009.

According to the invitation, they (SB) are “to deliberate on various measures, among which is Municipal Resolution No. 2009-07-079 entitled: Authorizing the Hon. Mayor Santos V. Zafe, M.D. for and in Behalf of the Municipality of Virac to Enter into a Loan Agreement with the Land Bank of the Philippines in the Amount of Seventy Five Million (P75,000,000.00) Pesos to Finance the Conversion of the Open Dumpsite at Barangay Casoocan to a Sanitary Landfill Including the Purchase of Such Equipment and Machiniries as may be Deemed Necessary for Use in its Operation in Compliance with R.A. 9003 or the Solid Waste Management Act, which is calendared for second and final reading.“

And to quote further the content of the invitation letter, “In this regard, we respectfully invite your presence at the said session to give you an opportunity to express your respective impressions, raised your views and ventilate whatever apprehension you may have on the proposed landfill project and the projected loan to finance the same. In this way, we are confident that you can inspire and motivate us to judiciously deliberate towards the interest and welfare of the general public, and not pave way the interest and caprice of the few.”

The invitation letter was signed by no less than the Vice Mayor and the Presiding Officer of the Sangguniang Bayan ng Virac, Vice-Mayor Roy V. Laynes.

So yesterday, I went to the SB Session Hall to honor the invitation.

Present at the session hall were Vice-Mayor Roy Laynes, the members af the Sangguniang Bayan namely: Giovanni Balmadrid, Rosie Olarte, Kaleem Surtida, Bgy. Chairman Custodio of ABC, Delia Bagadiong and Raffy Zuniega. Also present were the staffs of the Sb, members of the Press, some LGU department heads, representatives of NGO’s and others I can’t personally identify.

When the SB started its session, they (the members of the SB) were confronted with the issue of who will preside the session.

It turned out that the Chief Executive was out of town (allegedly in Manila), and by virtue of the rule of succession under the Local Government Code, the Vice- Mayor or whoever next in rank shall temporarily assume the position of the chief executive.

When questioned by Kagawad Olarte, Vice-Mayor Laynes refused to vacate as presiding officer insisting that he don’t want to assume the position as Officer-In-Charge of the Virac LGU.

The Vice-Mayor went farther as to officially declare that he “waives” his right to assume the position as OIC, in his insistence to preside the conduct of the regular session, contesting that what is stated under the Local Government Code was: citing “Section 46. Temporary Vacancy in the Office of the Local Chief Executive. –
(c) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the said office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, SHALL HAVE THE RIGHT to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided in subsection (c) hereof.”

Upon review of the RA 7160 otherwise known as the Local Government Code of 1991, I noticed that they missed the provision specifically and to quote:
“Section 46. Temporary Vacancy in the Office of the Local Chief Executive. –
(a) When the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, LEAVE OF ABSENCE, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member SHALL AUTOMATICALLY EXERCISE the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.”

With the preceding nagging arguments, I was left to suspect that there must be a 75 million reason behind these squabble.

The SB regular session was further suspended after some of the members decided to walk-out of the session hall because of the fanfare. I say fanfare as evident also by Agiv posting (http://www.catanduanesforum.com/?q=image/ano-ini)

The brief audience that I had in the 40th SB regular session turned out to be a nightmare.

At one point, I was so disgusted at how the presiding officer tapped the gavel - almost breaking the gavel in the process - just to restore order during the session.

Anyway, had our group been given the chance to express our opinion, I am supposed to deliver the following observation/opinion:
1. RA 9003 a.k.a. the ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000 was promulgated on January 26, 2001. Under the said law, (Section 37 of RA 9003) there is a “Prohibition Against the Use of Open Dumps for Solid Waste. No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of this Acts: Provided, That within three (3) years (or until 2004) after the effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Sec. 41 of the Act: Provided, further, That no controlled dumps shall be allowed five (5) years (or until 2006) following the effectivity of this Act.”

Taking into account the preceding provisions, Virac LGU is already violating the law for three (3) years now.

2. Under the same law, LGU Virac is mandated to create a Municipal Solid Waste Management Board. Each municipality shall form a Municipal Waste Management Board (MWMB) that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under in geographic and political coverage. Among the function of the MWMB is to develop the Municipal Solid Waste Management Plan (MSWMP)that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community.

I believe that the study of projects to be undertaken (including costings & implementations) in relation to the MSWMP shall be taken in the MWMB which is composed of representative coming from the Sangguniang Bayan, the Association of Barangay Councils (ABC) in the municipality, the Sangguniang Kabataan Federation (SK), NGO, Recycling Industry, Manufacturing/Packaging Industry, and of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.
3. There is a need to address the problem regarding garbage disposal in the municipality as evident in the posting of Eman (http://www.catanduanesforum.com/?q=image/landfill-virac) on the condition of the present open dump site located in barangay Casoocan, Virac.

4. At present, I observe that the municipality only uses a delivery truck and a sole garbage compactor for the collection of all the wastes and garbages for the whole municipality covering 63 barangays.

Here is the Capital Outlay presented as included in the Feasibility Study, attached in the invitation, for the Conversion of Virac Municipal Dumpsite into a Sanitary Landfill conducted by the Woodfields Consultants, Inc.

Initial Capital Outlay (in Million Pesos)

Description----------------------------------------------------Loan------------------Equity-----------------Total
I Fixed Asset
-------Land (at P150.00/sq. M.)----------------------------------------------------3.150------------------3.150
------------Sitework/Earthwork----------------------------21.796----------------------------------------21.796
------------Leachate Collection System------------------12.727----------------------------------------12.727
------------Leachate Treatment Pond---------------------0.674------------------------------------------0.674
------------PCCP Road and Drainage System------------1.860------------------------------------------1.860
------------Perimeter Fence---------------------------------0.932------------------------------------------0.932
------------Landfill Gas Collection System----------------0.306------------------------------------------0.306
------------Building Structures/Utilities-------------------11.985----------------------------------------11.985
------------Equipment---------------------------------------14.500----------------------------------------14.500
-------------------Sub Total----------------------------------64.780-----------------3.150----------------67.930
II Other Expenses
------------A. EIA and Detailed Design--------------------7.000------------------------------------------7.000
------------B. O & M Cost-------------------------------------------------------------5.000-----------------5.000
------------C. Contingency-----------------------------------3.220-----------------------------------------3.220
-------------------Sub Total----------------------------------10.220-----------------5.000---------------15.220

Total Project Cost-------------------------------------------75.000-----------------8.150---------------83.150

Project Components

The proposed Virac Sanitary Landfill features a total land area of 2.19 hectares, which will cater the Municipality's solid wastes. Out of the 2.19 hectares, around 0.9 hectares shall be developed for the landfill cells. The remaining area shall contain the auxillary landfill facilities (such as the administrative building, guard house, wash bay with wash tower, leachate pond, elevated water tank, generator house and material recovery facility) and the buffer zone area.

Every component of the facility will meet all national structural and environmental standards and will be up-to-date with the current technologies available. However the feasibility study does not cover the hospital and hazardous waste treatment and disposal facility. A separate study shall be conducted for the purpose, when all the technical and financial viability among other aspects, shall be further discussed.

In addition, it is envisioned that the facility will provide additional revenue through the materials recovery facility (by the sales of recyclable wastes) and the tipping fee from the hosted LGUs.

Finally, here is a friendly reminder to the Honorable Members of the Sangguniang Bayan of Virac.
In the conduct of your regular session, may I remind you to please remember to:
1. Allow motions that are in order.
2. Have members obtain the floor properly.
3. Speak clearly and concisely.
4. Obey the rules of debate.
5. Most importantly, don't forget to BE COURTEOUS.