DAVAO CITY, Philippines – Seven local government units will be asked to explain before the Office of the Ombudsman here for alleged violation of the solid waste management law.
Deputy Ombudsman for Luzon Gerard Mosquera said they have identified seven cities and municipalities around Davao after conducting a fact finding investigation.
The LGUs were the cities of Kidapawan, Koronadal, Cagayan de Oro and Valencia, the town of Loreto, Agusan del Sur, and the provinces of Surigao del Norte and Surigao del Sur.
“We have charged, set out subpoenas to all mayors, SB (Sangguniang Bayan) members, and asked them to come to Davao City to explain why they continue to violate the law despite the fact that this law has been implace for 15 years,” Mosquera said.
“We will be filing cases,” he added.
The mentioned units, according to Mosquera, are part of the 50 other LGUs, “that have been charged by the Office of the Ombudsman for violation of RA 9003.”
Enacted 16 years ago, the Republic Act 9003 or Ecological Solid Waste Management Act of 2000, is the “act providing ecological solid waste management program, creating the necessary institutional mechanisms and incentives, declaring the certain acts prohibited and providing penalties, appropriating funds therefore, and for other purposes.”
Under the law the LGUs should:
1) Ensure the protection of public health and environment
2) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery
3) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composing, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentallysound solid waste management facilities in accordance with ecologically sustainable development principles.
4) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration.
5) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery.
6) Encourage greater private sector participation in solid waste management;
7) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector.
8) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments.
9) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and (j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.
The said 50 LGUs include 550 officials: 50 mayors, 50 vice mayors and 450 SB members and environment protection officers.
Mosquera said most of the officials admitted their mistakes.
“Their only explanation is that they don’t have sufficient funds or resources but these are not legitimate excuses because it has been 15 years since the law was passed,” he said. “Many mayors are serving for about 9 or 12 years, they have the chances to follow the law.”
Individual responsibility
The charges will only be against the responsible government officials and will not be charged to the government unit.
Mosquera said criminal and administrative charges will be filed against the guilty officials who might be imprisoned or face dismissal from service and perpetual disqualification from holding public office.
Mosquera said that there has been no official who has been charged and found guilty of violating the RA 9003.
“Maybe that is the reason why they keep on violating the law,” he said.
More violators
On the second quarter next year, Mosquera said that “hundreds more will be charged before the office of the ombudsman.”
“Our campaign to call out other LGUs to really want to comply, to start complying before cases are filed against you,” the Ombudsman said.
The investigation will be a very easy investigation as the officials “practically” admitted their violations.
“We have pictures, so when we will present it to public hearings and the LGUs will see it, they will be forced to admit,” Mosquera said.
He said the Office of the Ombudsman vowed to hold several officials accountable.
Community effort
Meanwhile, Mosquera said the problem on solid waste management is not just a problem of the government, but of the private sector as well.
“There’s really a need for the community to be supportive,” he said.
“The government will do its part and the private sector contributing will make the law fully implemented, and the benefits will be felt by the communities,” (davaotoday.com)
