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: MEMORANDUM CIRCULARS
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MEMORANDUM CIRCULAR NO. 52
MEMORANDUM CIRCULAR NO. 52 -
CALLING ATTENTION TO AND ENJOINING STRICT COMPLIANCE WITH THE
PROVISIONS OF THE LOCAL GOVERNMENT CODE OF 1991 (R.A. No. 7160)
REQUIRING MANDATORY COORDINATION AND CONSULTATION WITH LOCAL GOVERNMENT
UNITS, NON-GOVERNMENTAL AND PEOPLE'S ORGANIZATIONS AND OTHER CONCERNED
SECTORS
Republic Act. No. 7160, otherwise known as
the Local Government Code of 1991, provides in Section s 2(c), 26 and 27
that:
"Sec. 2. Declaration of Policy. — . . .
(c) It is
likewise the policy of the State to require all national agencies and
offices to conduct periodic consultations with appropriate local
government units, non-governmental and people's organizations, and
other concerned sectors of the community before any project or program
is implemented in their respective jurisdictions."
"Sec. 26.
Duty of National Government Agencies in the Maintenance of Ecological
Balance. — 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 crop land, rengeland, 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, its impact upon the
people and the community in terms of environmental or ecological
balance, and the measures that will be undertaken to prevent or
minimize the adverse effects thereof."
"Sec. 27.
Prior Consultations Required. — No project or program shall be
implemented by government authorities unless the consultations
mentioned in Section s 2(c) and 26 hereof are complied with, and prior
approval of the sanggunian concerned is obtained: Provided, That
occupants in areas where such projects are to be implemented shall not
be evicted unless appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution."
Accordingly, all officers and employees of national government agencies
and offices, including concerned government owned and controlled
corporations are hereby enjoined to strictly comply with the foregoing
provisions of the Local Government Code as well as the pertinent
provisions of its Implementing Rules and Regulations.
DONE in the City of Manila,
this 2nd day of June, in the year of Our Lord, Nineteen Hundred and
Ninety-Three.
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