REPUBLIC OF THE PHILIPPINES

QUEZON CITY COUNCIL

QUEZON CITY
18TH COUNCIL

PROPOSED ORDINANCE SP - _____: S – 2011

AN ORDINANCE REQUIRING DEVELOPERS/BUILDERS TO REPLACE

EVERY SINGLE TREE AFFECTED AND REMOVED DURING
DEVELOPMENT WITH TEN (10) TREES AND REPLACE EVERY PLANTED
TREE THAT DIES.

Introduced by: Councilor JULIENNE ALYSON RAE V. MEDALLA

WHEREAS, Article II, Section 16 of the 1987 Philippine Constitution provides

that:

“The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.” ;

WHEREAS, the right of people to balanced and healthful ecology is the concept
of intergenerational responsibility;

WHEREAS, While the Right to Balanced and Healthful Ecology is to be found

under the Declaration of Principles and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter;

WHEREAS, such a right belongs to a different category of rights altogether for it

concerns nothing less than self- preservation and self-perpetuation;
 WHEREAS, jurisprudence provides under the case of OPOSA vs. FACTORAN
that these basic rights need not be even written in the Constitution for they are assumed to
exist from the inception of human kind.

If they are now explicitly mentioned in the fundamental charter, it is because of the well-
founded fear of its framers that unless the rights to a balanced and healthful ecology and
to health are mandated as State Policies by the Constitution itself, thereby highlighting
their continuing importance and imposing upon the State a solemn obligation to preserve
the first and protect and advance the second, the day would not be too far when all else
would be lost not only for the present generation, but also for those to come – generations
which stand to inherit nothing but parched earth incapable of sustaining life;

WHEREAS, The Local Government Code of 1991, Article III, Section 458, sub-
paragraph vi provides:

“Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal
logging and smuggling of logs, smuggling of natural resources products and endangered
species of flora and fauna, slash and burn farming, and such other activities which result
in pollution, acceleration of eutrophication of rivers and lakes or of ecological balance;

NOW THREFORE:

BE IT ORDAINED BY THE MEMBERS OF THE QUEZON CITY COUNCIL, IN

SESSION ASSEMBLED, THAT :

Section 1. Title. This Ordinance shall be known as “Tree Replacement Ordinance of

2011”
Section 2. Purpose. To maintain and preserve the ecological balance in the community
by replacing every single tree that has been removed by reason of the erection and
development of buildings.

Section 3. Implementation. Every developer/builder is required within 30 days from the

removal of the trees to replace every single tree that has been removed with not less than
10 trees in the open spaces required to be reserved for the common use and enjoyment of
the owners of the lots therein; Provided that the developer/ builder shall submit to the
barangay concerned a certification containing the number of trees removed, number of
trees planted and their location after replacing such trees; Provided further that the
barangay shall render a return in duplicate copies that the requirements herein set forth
has been complied with by the developer/builder.

Section 4. Violations. The following acts shall constitute a violation of this ordinance:

a. failure of the developer/builder to replace the removed trees with the

minimum number of trees as required by this ordinance;
b. failure of the developer/builder to submit a certification to the barangay
concerned after complying with the requirements of this ordinance;
c. failure of the barangay to render a return in duplicate copies certifying that the
developer/builder has complied with the requirements of this ordinance; and
d. Securing a false return through fraud by the developer/ builder showing that
he/she has complied with the requirements herein set forth.

Section 5. Penalties. Violation of any provision of this ordinance shall be punishable by a

fine of not less than but not more than five thousand pesos ( P 5,000.00 ) and
imprisonment for a period not exceeding one year, in the discretion of the court. In
addition, any violation of this ordinance by builders/ developers shall cause the
revocation and cancellation of business permits for the current year and suspension
and/or disqualification for at least two years from the date of violation from participating
in any public bidding for the award of any City Government infrastructure project.

Section 6. Separability Clause. If, for any reason, any section or provision of this
Ordinance is held unconstitutional or invalid, the other sections or provisions shall not be
afftected thereby.
Section 7. Effectivity. – This ordinance shall take effect after thirty ( 30 ) days from the
date of completion of its publication in a newspaper of local circulation.

SUBMITTED BY:

Julienne Alyson Rae V. Medalla

City Councilor, 2nd District, Quezon City