and to seek the imposition of penal sanctions against violators of environmental laws; and

I. CLEAN AIR ACT h. The right to bring action in court for compensation of personal damages resulting from the
adverse environmental and public health impact of a project or activity.” (R.A. 8749 – Chapter 1)
WHAT IS THE CLEAN AIR ACT?
DEFINITION OF TERMS
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act, is a comprehensive air quality
"Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor,
management policy and program which aims to achieve and maintain healthy air for all Filipinos.
carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to
health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid
WHAT ARE THE GUIDING PRINCIPLES OF THE CLEAN AIR ACT?
particles of any kind, gases, fumes, chemical mists, steam and radio- active substances.
ARTICLE II, SECTION 16. – Declaration of Principles and State Policies. “The State shall protect and
"Air pollution" means any alteration of the physical, chemical and biological properties of the
advance the right of the people to a balanced and healthful ecology in accord with the rhythm and
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to
harmony of nature.” (1987 Constitution)
create or to render the air resources of the country harmful, detrimental, or injurious to public health,
safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial,
ARTICLE I, SECTION 2. – Declaration of Principles. “The State shall protect and advance the right of the
agricultural, recreational, or other legitimate purposes.
people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State
shall promote and protect the global environment to attain sustainable development while recognizing
"Certificate of Conformity" means a certificate issued by the Department of Environment and Natural
the primary responsibility of local government units to deal with environmental problems. The State
Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or
recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The
vehicle type meets the requirements provided under this Act and its rules and regulations.
State also recognizes the principle that "polluters must pay". Finally, the State recognizes that a clean
"Department" means the Department of Environment and Natural Resources.
and healthy environment is for the good of all and should, therefore, be the concern of all.” (R.A. 8749 –
"Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source
Chapter 1)
which is passed into the atmosphere.
"Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce
ARTICLE I, SECTION 3. – Declaration of Policies. “The State shall pursue a policy of balancing
global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and
development and environmental protection. To achieve this end, the frame work for sustainable
the like.
development shall be pursued. It shall be the policy of the State to:
"Hazardous substances" mean those substances which present either: (1) short-term acute hazards
a. Formulate a holistic national program of air pollution management that shall be implemented by
such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact
the government through proper delegation and effective coordination of functions and activities;
hazard or the risk of fire explosion; or (2) longterm toxicity upon repeated exposure, carcinogenicity
b. Encourage cooperation and self-regulation among citizens and industries through the application (which in some cases result in acute exposure but with a long latent period), resistance to detoxification
of market-based instruments; process such as biodegradation, the potential to pollute underground or surface waters.
c. Focus primarily on pollution prevention rather than on control and provide for a comprehensive
"Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel,
management program for air pollution;
constructed and operated principally for the conveyance of persons or the transportation of property
d. Promote public information and education and to encourage the participation of an informed goods.
and active public in air quality planning and monitoring; and
"Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than
e. Formulate and enforce a system of accountability for short and long-term adverse
human or animal power, constructed and operated principally for the conveyance of persons or the
environmental impact of a project, program or activity. This shall include the setting up of a transportation of property or goods in a public highway or street open to public use.
funding or guarantee mechanism for clean-up and environmental rehabilitation and
compensation for personal damages.” (R.A. 8749 – Chapter 1)
KINDS OF WASTE
"Infectious waste" means that portion of medical waste that could transmit an infectious disease.
WHAT ARE THE RIGHTS OF CITIZENS?
"Medical waste" means the materials generated as a result of patient diagnosis, treatment, or
ARTICLE I, SECTION 4. – Recognition of Rights. “Pursuant to the above-declared principles, the following
immunization of human beings or animals.
rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their
"Municipal waste" means the waste materials generated from communities within a specific locality.
enjoyment:
a. The right to breathe clean air;
WHAT ARE COVERED BY THE CLEAN AIR ACT?
b. The right to utilize and enjoy all natural resources according to the principles of sustainable
 All potential sources of air pollution (mobile, point and area sources) must comply with the
development;
provisions of the law. All emissions must be within the air quality standards.
c. The right to participate in the formulation, planning, implementation and monitoring of
 Mobile sources refer to vehicles like cars, trucks, buses, jeepneys, tricycles, motorcycles,
environmental policies and programs and in the decision-making process;
and vans.
d. The right to participate in the decision-making process concerning development policies, plans
 Point sources refer to stationary sources such as industrial firms and the smokestacks of
and programs projects or activities that may have adverse impact on the environment and public
power plants, hotels, and other establishments.
health;
 Area sources refer to sources of emissions other than the above. These include smoking,
e. The right to be informed of the nature and extent of the potential hazard of any activity,
burning of garbage, and dust from construction, unpaved grounds, etc.
undertaking or project and to be served timely notice of any significant rise in the level of
pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous
substances;
f. The right of access to public records which a citizen may need to exercise his or her rights
effectively under this Act;
g. The right to bring action in court or quasi- judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and cleanup of affected area,
WHO SHOULD IMPLEMENT THE CLEAN AIR ACT? composting.
The implementation of the Act is a multi-sectoral undertaking to be spearheaded by the Department of With due concern on the effects of climate change, the Department shall promote the use of state-of-the-
Environment and Natural Resources (DENR). art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal
The institutions involved in the implementation of the various components of the Act are as follows: destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous
a. Mitigation of air pollution from mobile sources wastes.
 Motor Vehicle Inspection System: Land Transportation Office (LTO), Department of
Transportation and Communications (DOTC) and private sector groups POLLUTION FROM MOTOR VEHICLES
 Private Emission Testing Centers: DOTC-LTO, Department of Trade and Industry (DTI), DENR and The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in
private sector groups R.A. 8749. To further improve the emission standards, the Department shall review, revise and publish the
b. Reduction of emissions from vehicular use
standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major
 Introduction of emission control technologies: DENR, DOTC, DTI, Department of Science and pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general
Technology (DOST) and Automotive industry public.
 Regulation in the importation of second-hand vehicles: Bureau of Customs-DOF, Bureau of
Import Services-DTI and DOTC-LTFRB-LTO REGULATION OF ALL MOTOR VEHICLES AND ENGINES
c. Mitigation of air pollution from stationary sources
Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with
 Stack monitoring and related permitting: EMB and its regional offices and Authorized/recognized
the emission standards set pursuant to R.A. 8749, as evidenced by a Certificate of Conformity (COC) issued
private sector groups
by the Department. Any imported new motor vehicle engine shall not be introduced into commerce, sold
 Adjudication of air pollution cases: Pollution Adjudication Board (PAB)
or used unless it complies with emission standards set pursuant to R.A. 8749. Any imported used motor
 Funds for the Installation of Air Pollution Control Facility: Land Bank of the Philippines and
vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be
Development Bank of the Philippines
registered unless it complies with the emission standards.
d. Strengthening of ambient air monitoring, reporting ad management
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular
 EMB in cooperation with concerned government agencies
engine so it will be in compliance with applicable emission standards. No motor vehicle registration (MVR)
 EMB Regional Offices
shall be issued unless such motor vehicle passes the emission testing requirement promulgated in
e. Improvement of fuel quality
accordance with R.A. 8749. Such testing shall be conducted by the DOTC or its authorized inspection
 Change in composition of fuel quality: Department of energy (DOE), DENR, DTI-Bureau of Product
centers within sixty (60) days prior to date of registration. The DTI shall promulgate the necessary
Standards, DOST, Chamber of automotive Manufacturers of the Philippines, Inc., Oil companies
regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such
and NGOs
vehicles will conform to the emissions which they were certified to meet. These regulations shall include
 Examination of potential for alternative fuels: DOE, DOST and Private sector groups
provisions for ensuring the durability of emission devices.
f. Reduction in traffic congestion and improvement in traffic flow
 Road rehabilitation Program: Department of Public Works and Highways
POLLUTION FROM OTHER SOURCES
 Traffic engineering and Management: DOTC, MMDA, LGUs and Concerned government agencies
Pollution from smoking - Smoking inside a public building or an enclosed public place including public
 Transport Policy Studies: MMDA, DOTC-Light Railway Transport Authority, Philippine National
vehicles and other means of transport or in any enclosed area outside of one's private residence, private
Railway and LGUs
g. Increasing public awareness place of work or any duly designated smoking area is hereby prohibited under R.A. 8749. This provision
 DENR Public Affairs Office and the Environmental Education and Information Division-EMB, with shall be implemented by the LGUs.
Partnership for Clean Air Pollution from other mobile sources - The Department, in coordination with appropriate agencies, shall
 Relevant government agencies formulate and establish the necessary standards for all mobile sources other than those referred to in Sec.
 Private sector 21 of R.A. 8749. The imposition of the appropriate fines and penalties from these sources for any violation
of emission standards shall be under the jurisdiction of the DOTC.
 Civil society
ACTIONS
AIR POLLUTION CLEARANCES AND PERMITS  Administrative Action
Permits - The Department shall have the authority to issue permits as it may determine necessary for the  Citizen Suit
prevention and abatement of air pollution. Said permits shall cover emission limitations for the regulated air  Independence of Action
pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as  Civil Action
management tools for the LGUs in the development of their action plan.  Criminal Action
Ban on Incineration - Incineration, hereby defined as the burning of municipal, biomedical and hazardous  SLAPP (Strategic Lawsuit Against Public Participation)
waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the
FINES AND PENALTIES
prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga",
Pollution Adjudication Board (PAB) shall impose fines and penalties for the following:
traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, Further, That
 Violation of Standards for Stationary Sources – a fine of not more than P100,000.00 for every
existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity
violation against the owner or operator of a stationary source.
RA 8749; Provided, Finally, that in the interim, such units shall be limited to the burning of pathological and
 Violation of Standards for Motor Vehicles:
infectious wastes, and subject to close monitoring by the Department.
o First Offense – a fine not exceeding P2,000.
Local government units are hereby mandated to promote, encourage and implement in their respective
o Second Offense – a fine not less than P2,000 but not exceeding P4,000.
jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and
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 o Third Offense – 1 year suspension of the MVR and a fine not less than P4,000 and not
more than P6,000.
 Fines and Penalties for Violations of Other Provisions – a fine of not less than P10,000 but not
more than P100,000 or 6 months to 6 years imprisonment or both.
Gross Violations
 The PAB shall recommend to the proper government agencies to file the appropriate
criminal charges against the violators.
 The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall
mean:
o Three (3) or more specific offenses within a period of one (1) year;
o Three (3) or more specific offenses with Three (3) consecutive years;
o Blatant disregard of the orders of the PAB, such as but not limited to the breaking of
seal, padlocks and other similar devices, or operation despite the existence of an
order for closure, discontinuance or cessation of operation; and
o Irreparable or grave damage to the environment as a consequence of any violation of
the provisions of R.A. 8749.
 Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten
(10) years at the discretion of the court. If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control officer or the officials directly in charge of the
operations shall suffer the penalty herein provided.
Section 5. Definitions. - As used in this Act: "Poisonous and toxic fumes" means any emissions and fumes
which are beyond internationally- accepted standards, including but not limited to World Health
Organization(WHO) guideline values.
 It may not, thus, be argued that the Clean Air Act prohibits all forms of incineration as to make the
contract in question violative of the Clean Air Act. This is not to say, of course, that the contract
involved does not in fact run afoul with the Clean Air Act. That issue may still be raised by the proper
party in a proper action
II. Ecological Solid Waste Management Act of 2000
What is Solid Waste?
• Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-
toxic solid waste.
The term "solid waste" as used in this Act shall not include:
1. Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid
form which may cause or contribute to an increase in mortality or in serious or incapacitating
reversible illness, or acute/chronic effect on the health of persons and other organisms;
2. Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a
disposable nature from patients who are suspected to have or have been diagnosed as having
communicable diseases and must therefore be isolated as required by public health agencies,
laboratory wastes such as pathological specimens (i.e. all tissues, specimens of blood elements,
excreta, and secretions obtained from patients or laboratory animals) and disposable fomites that
may harbor or transmit pathogenic organisms, and surgical operating room pathologic materials
from outpatient areas and emergency rooms; and
3. Waste resulting from mining activities, including contaminated soil and debris.
Ecological Solid Waste Management Act of 2000
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE
NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND
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PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Overview of the Republic Act:
CHAPTER I - BASIC POLICIES
CHAPTER II - INSTITUTIONAL MECHANISM
CHAPTER III - COMPREHENSIVE SOLID WASTE MANAGEMENT
CHAPTER IV - INCENTIVES
CHAPTER V - FINANCING SOLID WASTE MANAGEMENT
CHAPTER VI - PENAL PROVISIONS
CHAPTER VII - MISCELLANEOUS PROVISIONS
CHAPTER I - BASIC POLICIES
Declaration of Policies - It is hereby declared the policy of the State to adopt a systematic, comprehensive and
ecological solid waste management program which shall:
(a) Ensure the protection of the public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and
encourage resource conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction
and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal
process, and others, before collection, treatment and disposal in appropriate and environmentally
sound solid waste management facilities in accordance with ecologically sustainable development
principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste
through the formulation and adoption of the best environmental practice in ecological waste
management excluding incineration;
(e) 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;
(f) Encourage greater private sector participation in solid waste management;
(g) 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;
(h) Encourage cooperation and self-regulation among waste generators through the application of market-
based instruments;
(i) Institutionalize public participation in the development and implementation of national and local
integrated, comprehensive, and ecological waste management programs; and
(j) Strength 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.
National Solid Waste Management Commission
There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the
Commission, under the Office of the President. The Commissioner shall be composed of fourteen (14)
members from the government sector and three members from the private sector. The government sector
shall be represented by the heads of the following agencies in their ex officio capacity:
The private sector shall be represented by the following:
(a) A representative from nongovernment organizations (NGOs) whose principal purpose is to
promote recycling and the protection of air and water quality;
(b) A representative from the recycling industry; and
(c) A representative from the manufacturing or packaging industry;
The National Ecology Center
There shall be established a National Ecology Center under the Commission which shall provide consulting, (b) The plan shall place primary emphasis on implementation of all feasible re-use, recycling, and
information, training, and networking services for the implementation of the provisions of this Act. composting programs while identifying the amount of landfill and transformation capacity that will
be needed for solid waste which cannot be re-used, recycled, or composted.
It shall perform the following functions: (c) The plan shall contain all the components provided in Sec. 17 of this Act and a timetable for the
(a) Facilitate training and education in integrated ecological solid waste management; implementation of the solid waste management program in accordance with the National
(b) Establish and manage a solid waste management information data base, in coordination with the Framework and pursuant to the provisions of this Act: Provided, finally,
DTI and other concerned agencies: (d) That it shall be reviewed and updated every year by the provincial, city or municipal solid waste
 on solid waste generation and management techniques as well as the management, technical management board.
and operational approaches to resource recovery; and
 of processors/recyclers, the list of materials being recycled or bought by them and their Mandatory Segregation of Solid Wastes
respective prices; The LGUs shall evaluate alternative roles for the public and
(c) Promote the development of a recycling market through the establishment of a national recycling private sectors in providing collection services, type of
network that will enhance the opportunity to recycle; collection system, or combination of systems, that best
(d) Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and meet their needs:
(e) Develop, test, and disseminate model waste minimization and reduction auditing procedures for
evaluating options. Provided, That segregation of wastes shall primarily be
conducted at the source, to include household, institutional,
Role of LGUs in Solid Waste Management industrial, commercial and agricultural sources: Provided,
Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local government code, the further;
LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act That wastes shall be segregated into the categories provided
within their respective jurisdictions. in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the
Segregation and collection of solid waste shall be conducted at the barangay level specifically for local government unit shall promulgate regulations requiring
biodegradable, compostable and reusable wastes: Provided, That the collection of non-recyclable materials the owner or person in charge of such premises to:
and special wastes shall be the responsibility of the municipality or city. (a) provide for the residents a designated area and
containers in which to accumulate source separated recyclable materials to be collected by the
Provincial Solid Waste Management Board municipality or private center; and
A Provincial Solid Waste Management board (b) notify the occupants of each buildings of the requirements of this Act and the regulations
shall be established in every province, to be promulgated pursuant thereto
chaired by the governor. Its members shall
include: 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,
In case of Metro Manila including LGUs, which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of
The Board shall be chaired by the chairperson this Acts
of the MMDA and its members shall include:
Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps
CHAPTER III - COMPREHENSIVE SOLID WASTE into controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act:
MANAGEMENT
Provided, further, That no controlled dumps shall be allowed five (5) years following the effectivity of this Act.
Local Government Solid Waste Management
Plans - The province, city or municipality, CHAPTER IV – INCENTIVES
through its local solid waste management (a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and
boards, shall prepare its respective 10-year entitles, including non-government organizations, that have undertaken outstanding and
solid waste management plans consistent with innovative projects, technologies, processes and techniques or activities in re-use, recycling and
the national solid waste management reduction. Said rewards shall be sourced from the Fund herein created.
framework
(b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or
Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes private entities, including NGOs, to develop or undertake an effective solid waste management, or
generated in their respective jurisdictions: actively participate in any program geared towards the promotion thereof as provided for in this
Act.
(a) Provided, further, That the solid waste management plan of the LGU shall ensure the efficient
management of solid waste generated within its jurisdiction. INCENTIVES SCHEME
(a) Fiscal Incentives
a. Tax and Duty Exemption on Imported Capital Equipment and Vehicles
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 b. Tax Credit on Domestic Equipment
c. Tax and Duty Exemption of Donations, Legacies and Gift
(b) Non-Fiscal Incentives
(c) Financial Assistance Program
(d) Extension of Grants to LGUs
(e) Incentives to Host LGUs

CHAPTER V - FINANCING SOLID WASTE MANAGEMENT

Solid Waste Management Fund - There is hereby created, as a special account in the National Treasury, a
Solid Waste Management Fund to be administered by the Commission. Such fund shall be sourced from the
following:
(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under
this Act, donations, endowments, grants and contributions from domestic and foreign sources; and
(b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act;

The Fund shall be used to finance the following:

(a) products, facilities, technologies and processes to enhance proper solid waste management;
(b) awards and incentives;
(c) research programs;
(d) information, education, communication and monitoring activities;
(e) technical assistance; and
(f) capability building activities

CHAPTER VI - PENAL PROVISIONS

CHAPTER VII - MISCELLANEOUS PROVISIONS

Mandatory Public Hearings - Mandatory public hearings for national framework and local government solid
waste management plans shall be undertaken by the Commission and the respective Boards in accordance
with process to be formulated in the implementing rules and regulations

Public Education and Information - The Commission shall, in coordination with DECS, TESDA, CHED, DILG and
PIA, conduct a continuing education and information campaign on solid waste management, such education
and information program shall:

(a) Aim to develop public awareness of the ill-effects of and the community based solutions to the
solid waste problem;

(b) Concentrate on activities which are feasible and which will have the greatest impact on the solid
waste problem of the country, like resource conservation and recovery, recycling, segregation at
source, re-use, reduction, and composing of solid waste; and

5
 management. Activities, policies and programs that promote community-based, community-oriented
(c) Encourage the general public, accredited NGOs and people's organizations to publicity endorse and and procedural development shall be encouraged, consistent with the principles of people
patronize environmentally acceptable products and packaging materials. empowerment and grassroots development.

Business and Industry Role - The Commission shall encourage commercial and industrial establishments, ORGANIZATIONAL IMPLEMENTATION
through appropriate incentives other than tax incentives to initiate, participate and invest in integrated The Mining Act reverts back the Mines and Geosciences Bureau (MGB) from a Staff to a Line Bureau. Under
ecological solid waste management projects to manufacture environment-friendly products, to introduce this arrangement, the MGB Central Office has now the administrative jurisdiction and responsibility over its
develop and adopt innovative processes that shall recycle and re-use materials, conserve raw materials and regional offices. The Line Bureau structure was contemplated to ensure organizational efficiency and flexibility
energy, reduce waste, and prevent pollution and to undertake community activities to promote and in managing limited resources and technical expertise.
propagate effective solid waste management practices.
The authorities/responsibilities of the MGB are as follows:
• Management and administration of mineral lands and resources, including the granting of mining
permits and mineral agreements;
III. Philippine Mining Act of 1995 • Enforcement and monitoring of Environmental Work Programs (EWP) and Environmental Protection
and Enhancement Program (EPEP);
JUST READ Republic Act No. 7942!!!
• Establishment and operationalization of the Contingent Liability and Rehabilitation Fund (CLRF), as
well as the mandatory Final Mine Rehabilitation and Decommissioning Plan;
• Local government empowerment;
• Cancel mining applications and mining rights violating the provisions of the Mining Act, its
• Respect and concern for the indigenous cultural communities;
implementing rules and regulations, and/or the terms and conditions of a mining
• Equitable sharing of benefits of natural wealth;
permit/contract/agreement;
• Economic demands of present generation while providing the necessary foundation for future
• For the Regional Directors to impose Cease-and-Desist Orders (CDO);
generations;
• To deputize the PNP, LGUs, NGOs and other responsible entities to police mining activities;
• Worldwide trend towards globalization; and
• To assist the Environmental Management Bureau (EMB)/DENR Regional Offices in
• Protection for and wise management of the environment.
processing/evaluation/conduct of EIA in mining projects;
• To manage and administer Mineral Reservation area (Note: Mineral Reservations, under the New
These were the products of long periods of assessment, evaluation, and rectification of the sins of the past,
Act, include offshore marine areas.)
the gaps of the old mining law, and the realities of the present times.
ROLE OF LOCAL GOVERNMENTS
GOVERNING PRINCIPLES
The IRR highlights the role of local government units (LGUs) in mining projects, both as beneficiaries and as
The Implementing Rules and Regulations (DENR Administrative Order No.96-40) of the Philippine Mining Act active participants in mineral resources management, in consonance with the Constitution and government
of 1995 provides strict adherence to the principle of SUSTAINABLE DEVELOPMENT. This strategy mandates
policies on local autonomy and empowerment. As such, the Mining Act provides the following:
that the needs of the present should be met without compromising the ability of the future generations to
• In consonance with the Local Government Code of 1992 (LGC), LGUs have a share of forty percent
meet their own needs, with the view of improving the quality of life, both now and in the future. Sustainable
(40%) of the gross collection derived by the National Government from mining taxes, royalties and
development provides that the use of mineral wealth shall be pro-people and pro-environment in sustaining
other such taxes, fees or charges from mining operations in addition to the occupational fees (30% to
wealth creation and improve quality of life.
the Province and 70% to the Municipalities concerned);
• In consonance with the LGC and the People Small-Scale Mining Act (RA 7076), the LGUs shall be
The principles of SUSTAINABLE MINING operates under the following terms:
responsible for the issuance of permits for small-scale mining and quarrying operations, through the
Provincial/City Mining Regulatory Boards (PMRBs/CMRBs);
• Mining is a temporary land use for the creation of wealth, leading to an optimum land use in post-
• To actively participate in the process by which the communities shall reach an informed decision on
mining stage as consequence of progressive and engineered mine rehabilitation works done in cycle
the social acceptability of a mining project as a requirement for securing an Environmental
with mining operations;
Compliance Certificate (ECC);
• Mining activities must always be guided by current Best Practices in environmental management
• To ensure that relevant laws on public notices, consultations and public participation are complied
committed to reducing the impacts of mining while efficiently and effectively protecting the with;
environment.
• To participate in the monitoring of mining activities as a member of the Multipartite Monitoring
• The wealth created as a result of mining accruing to the Government and the community should lead
Team, as well as in the Mine Rehabilitation Fund Committee;
to other wealth-generating opportunities for people in the communities and for other environment- • To act as mediator between the Indigenous Cultural Communities (ICCs) and the mining contractor as
responsible endeavors.
may be requested/necessary;
• Mining activities shall be undertaken with due and equal regard for economic and environmental
• To be the recipients of social infrastructures and community development projects for the utilization
considerations, as well as for health, safety, social and cultural concerns.
and benefit of the host and neighboring communities; and
• Conservation of minerals is effected not only through technological efficiencies of mining operations
• To coordinate with and assist the DENR and the MGB in the implementation of the Mining Act and
but also through the recycling of mineral-based products, to effectively lengthen the usable life of
the IRR.
mineral commodities.
• The granting of mining rights shall harmonize existing activities, policies and programs of the
AREAS CLOSED TO THE MINING APPLICATION
Government that directly or indirectly promote self-reliance, development and resource
Pursuant to the Mining Act of 1995 and in consonance with State policies and existing laws, areas may either
6
be closed to mining operations, or conditionally opened, as follows:
Areas CLOSED to mining applications:
• Areas covered by valid and existing mining rights and applications;
• Old growth or virgin forests, mossy forests, national parks, provincial/municipal forests, tree parks,
greenbelts, game refuge, bird sanctuaries and areas proclaimed as marine reserve/marine parks and
sanctuaries and areas proclaimed as marine reserve/marine parks and tourist zones as defined by law
and identified initial components of the NIPAS, and such areas as expressly prohibited thereunder, as
well as under DENR Administrative Order No. 25, s. 1992, and other laws;
• Areas which the Secretary may exclude based, inter alia, or proper assessment of their environmental
impacts and implications on sustainable land uses, such as built-up areas and critical watershed with
appropriate barangay/municipal/provincial Sanggunian ordinances specifying therein the location
and specific boundaries of the concerned area; and
• Areas expressly prohibited by law.
The following areas may be opened for mining operations, the approval of which are subject to the following
conditions:
• Military and other government reservations, upon prior written consent by the government agency
having jurisdiction over such areas;
• Areas near or under public or private buildings, cemeteries, and archaeological and historic sites,
bridges, highways, waterways, railroads, reservoirs, dams and other infrastructure projects, public or
private works, including plantations or valuable crops, upon written consent of the concerned
government agency or private entity, subject to technical evaluation and validation by the MGB;
• Areas covered by FTAA applications, which shall be opened, for quarry resources upon written
consent of the FTAA applicants/contractors. However, mining applications for sand and gravel shall
require no such consent;
• DENR Project areas upon prior consent from the concerned agency.
ANCESTRAL LANDS AND ICC AREAS
The Mining Act fully recognizes the rights of the Indigenous Peoples (IPs)/Indigenous Cultural Communities
(ICCs) and respect their ancestral lands. Thus, in accordance with DENR Administrative Order No. 2, and
consistent with the new Indigenous Peoples Rights Act (IPRA), the following shall be observed:
• No mineral agreements, FTAA and mining permits shall be granted in ancestral lands/domains except
with prior informed consent in: a) CADC/CLC areas; and b) areas verified by the DENR Regional Office
and/or appropriate offices as actually occupied by Indigenous Cultural Communities under a claim of
time immemorial possession;
• Where written consent is granted by the ICCs, a royalty payment shall be negotiated which shall not
be less than 1% of the Gross Output of the mining operations in the area. This Royalty shall form part
of a Trust Fund for socio- economic well being of the ICCs in accordance with the management plan
formulated by the ICCs in the CADC/CALC area. (In a large-scale mining operation the 1-% Royalty
could easily run into several tens of million pesos per year).
• Representation in the Multi-partite Monitoring Committee;
SOCIAL AND COMMUNITY DEVELOPMENT AND RESEARCH AND DEVELOPMENT
The Mining contractors/operators shall allocate a minimum of 1% of their direct mining and milling costs for
the following:
• Development of the host and neighboring communities and mine camp, including the construction
and maintenance of social infrastructures to promote the general welfare of the inhabitants in the
area. Such infrastructures include roads and bridges, school buildings, churches, recreational
facilities, housing facilities, water and power supplies, etc.;
• For the development of mining technology and geosciences, particularly those related to improved
efficiencies and environmental protection and rehabilitation;
The mining contracts under the regimes of MPSA and FTAA also provide for the mandatory Filipinization
7
program, technology transfer, and the training and priority employment of local residents. These contracts
further mandate that mining operations shall maximize the utilization of local goods and services, the creation
of self-sustaining generating activities, and skills-development.
ENVIRONMENTAL AND SAFETY CONCERNS
A significant feature of the Mining Act of 1995 and its IRR is the premium given to environmental protection.
Stringent measures were institutionalized to ensure the compliance of mining contractors/operators to
internationally accepted standards of environmental management. On top of the ECC conditionalities,
herewith are some of the highlights provided for in the IRR;
• Mandatory allocation of an approximately 10% of the initial capital expenditures of the mining
project for environment-related activities;
• Mandatory annual allocation of 3-5% of the direct mining and milling costs to implement an Annual
Environmental Protection and Enhancement Program;
• Mandatory establishment of a MINE REHABILITATION FUND (MRF) to be composed of: a) a
Monitoring Trust Fund of P50,000 which is replenishable; and b) a Rehabilitation Cash Fund of P5
Million or 10% of the EPEP cost, whichever is lower. Such Funds are to be deposited as trust account
in a government depository bank to be managed by MRF Committee composed of the MGB Regional
Director, DENR Regional Executive Director, representatives from the LGU and an NGO, and the
Contractor;
• Mandatory establishment of the Contingent Liability and Rehabilitation Fund (CLRF) to be managed
by a Steering Committee chaired by the MGB Director with members coming from concerned
government agencies;
• Conduct of Environmental Work Program (EWP) during the exploration stage and an Environmental
Protection and Enhancement Program (EPEP) during the development and operations stage.
• Institutionalization of an incentive mechanism to mining companies utilizing engineered and well-
maintained mine waste and tailings disposal systems with zero-discharge of materials/effluents
and/or with wastewater treatments plants;
• Mandatory constitution and operationalization of a Multipartite Monitoring Team composed of
representatives from the MGB, DENR Regional Office, affected communities, Indigenous Cultural
Communities, an environmental NGO, and the Contractor/Permit Holder, to monitor mining
operations;
• Mandatory establishment and operationalization of a Mine Environmental and Protection and
Enhancement Office (MEPEO) in each mining/contract area which shall set the level of priorities and
marshal the resources needed to implement environmental management programs;
• Conduct of an independent environmental audit to identify environmental risks affecting mining
operations as a basis for the development of an effective environmental management system;
• Mandatory preparation and implementation of a final Mine Rehabilitation/ Decommissioning Plan at
least five (5) year prior to the end of the life of the mine, to be undertaken in consultation and in
coordination with the concerned communities, and shall be submitted for approval by the MGB and
LGU concerned;
• Imposition of higher penalty (P50.00/MT) to mining companies that are found to have illegally
discharged and/or
• discharging solid fractions of tailings into areas other than the approved tailings disposal area;
• Authorizing the MGB Regional Director to summarily suspend mining/quarrying operations in case of
imminent danger to human safety or the environment;
• Mandatory compliance with the rules and regulations of the Mines Safety Rules and Regulations by
all Contractors, Permittees, Lessees, Permit Holders and Service Contractors; and
• Institution of the Presidential Mineral Industry Environmental Award to be given to exploration or
operating mining companies based on their exemplary environmental performance and
accomplishments.
ON SOCIAL ACCEPTABILITY
Mining contractors/operators shall allocate a minimum of 1% of their direct mining and milling costs for the
development of the following:
• Host and neighboring communities and mine camp to promote the general welfare of inhabitants in
the area. This includes construction and maintenance of infrastructures such as roads and bridges,
school buildings, housing and recreational facilities, water and power supplies, etc.;
• Mining technology and geosciences, particularly those related to improved efficiencies and
environmental protection and rehabilitation.
MINING PERMITS GRANTED TO QUALIFIED PERSONS
The following are the types of mining permits granted under the Mining Act of 1995 and its IRR:
1. Exploration Permit - these permits are issued to qualified individuals or local and foreign corporations
granting them to undertake purely mineral exploration activities. Has a term of two (2) years
renewable for like terms but not to exceed a total term of six (6) years for non-metallic minerals and
eight (8) years for metallic minerals. The Permittee may eventually apply for Mineral Agreement or
FTAA, subject to maximum areas limitations. The maximum areas allowed per qualified person under
an Exploration Permit are: 1,620 hectares in any one province or 3,240 hectares in the entire country
for an individual; and 16, 200 hectares in any one province or 32,400 hectares in the entire country
for a corporation, association, cooperative or partnership.
2. Mineral Agreement - are granted to individuals or local corporations giving them the right to explore,
develop and utilize the minerals within the contract area. There are three modes of Mineral
Agreements namely:
3. Mineral Production Sharing Agreement (MPSA) - an agreement wherein the Government grants to
the contractor the exclusive right to conduct mining operations within, but not title over, the
contract area and shares in the production whether in kind or in value as the owner of the minerals
therein. The Contractor shall provide the necessary financing technology, management and
personnel;
4. Co-Production Agreement (CA) - an agreement between the Government and the Contractor wherein
the Government shall provide inputs to the mining operations other than the mineral resources; and
5. Joint Venture Agreement (JVA) - an agreement where the Government and the Contractor organize a
joint venture company with both parties having equity shares. Aside from earnings in equity, the
Government shall be entitled to a share in the gross output.
The features of a Mineral Agreement are as follows:
• Term of 25 years, renewable for another term of 25 years;
• Exploration Period of two (2) years renewable for like terms but not to exceed a total term of six (6)
years for non- metallic minerals or eight (8) years for metallic minerals;
• Maximum allowable areas of 810 hectares in any one province or 1,620 hectares in the entire
country for an individual, or 8,100 hectares in any one province or 16,200 in the entire country for a
corporation, association, cooperative or partnership.
• Provides for mandatory relinquishment such that the maximum final area shall not exceed 5,000
hectares for metallic minerals or 2,000 hectares for non-metallic mines;
• Subject to Environmental Work Program (EWP) during the exploration period, and to Environmental
Compliance Certificate (ECC) and Environmental Protection and Enhancement Program (EPEP) during
the development and operation period;
• Approval by the DENR Secretary
Financial or Technical Assistance Agreements (FTAA) - a mining contract for large-scale exploration,
development and utilization of minerals which allows up to 100% foreign equity participation/ownership. The
terms and conditions under an FTAA are as follows::
• Term of 25 years, extendable for like periods;
• Minimum capitalization, $4Million, or its peso equivalent;
• Minimum investment for infrastructure and development of $50Million;
• Minimum ground expenditures: For Years 1 & 2 $2/ha/yr; Years 3 & 4 - $8/ha/yr; Year 5 - $19/ha/yr;
Year 6
8
• $23/ha/yr
• Allowed only for metallic minerals such as gold, copper, nickel, chromite, lead, zinc and other metals;
• Maximum allowable area: Aggregate total of 81,000 in the entire country;
• Mandatory area relinquishments : 25% on the first 2-yrs; 10% per year thereafter;
• Maximum final area: 5,000 hectares for each mining area;
• Maximum periods: Exploration Period – 4 years; Pre-Feasibility Study Period – 2 yrs; Feasibility Study
Period – 2 years;
• Subject to Environmental Work Program (EWP) during the exploration/pre-feasibility study/feasibility
study period, and to Environmental Compliance Certificate (ECC) and Environmental Protection and
Enhancement Program (EPEP) during the development and operation period;
• Approval by the President, upon recommendation of the Negotiating Panel composed of the DENR
Secretary, the MGB Director, and representatives from NEDA, DTI/BOE, Dept. of Finance, DENR Field
Operations Office, DENR Legal Office, and MGB Regional Office.
While the maximum area allowable for FTAA is apparently substantial, the eventual significant area reduction
is ensured by the mandatory relinquishment provision. Further, the P50/ha/yr Occupation Fees and the
stipulations for minimum ground expenditures that correspondingly graduate annually upwards are expected
to deter any company for holding on unnecessarily any excess land areas that are unmineralized.
1. Sand and Gravel Permits - are issued for the extraction, removal and disposition of sand and gravel
and other loose or unconsolidated materials. Permits with areas not exceeding 5 hectares are issued
by the Provincial Governor/City Mayor while those exceeding 5 hectares but not more than 20
hectares are issued by the MGB Regional Director. A Sand and Gravel Permit has a term of 5 years
and renewable for like terms.
2. Quarry Resources Permits - In accordance with the Local Government Code of 1991, mining permits
with areas not more than 5 hectares have been devolved to the Provincial Governor or the City
Mayor for approval upon recommendation of the Provincial/City Mining Regulatory Board. These
include the Quarry Permit, Guano Permit, Gratuitous Permit and Gemstone Gathering Permit.
3. Small-Scale Mining Permits - In consonance with the Local Government Code and RA No. 7076, small-
scale mining permits are approved and issued by the City Mayor/Provincial Governor, upon
recommendation of the Provincial/City Mining Regulatory Board.
4. Mineral Processing Permit – a permit granting the right to process minerals. It is issued by the DENR
Secretary with a term of 5 years and renewable for like terms.
5. Ore Transport Permit – no minerals, mineral products and by-products shall be transported unless
accompanied by an Ore Transport Permit. The OTP is issued by the MGB Regional Director
concerned.
TAXES AND INCENTIVES
Mining contractors of MPSA and FTAA can avail of fiscal and non-fiscal incentives granted under the Omnibus
Investment Code of 1987, as amended.
In addition to these incentives, the following are also granted by the Mining Act.
• Incentives for pollution control devises;
• Incentives for income tax carry forward of losses;
• Incentives for income tax accelerated depreciation on fixed assets;
• Investment guarantees, such as investment repatriation, earnings remittance, freedom from
expropriation, and requisition of investment, and confidentiality of information.
For FTAA contractors, an additional incentive, in the form of a tax holiday on national taxes is granted from
the start of the construction and development period up to the end of the cost recovery period, but not to
exceed five years from the start of commercial operation. After the recovery period, the contractor starts
paying these taxes, including the additional government share based on negotiated scheme.
TAXES PAID
Mining activities generate income both for the local and national governments. The following tax payments
are provided for in the Mining Act, the National Internal Revenue Code and other laws:
Payments to the National Government: make the water less desirable or unfit for intended use.
1. Corporate Income Tax
2. Excise Tax on Minerals Discharge – the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any
3. Customs Duties material into a water body or onto land from which it might flow or drain into said water.
4. Value Added Tax
5. Royalties on Minerals Extracted from Mineral Reservation Effluent - means discharge from known sources which is passed into a body of water or land, or wastewater
6. Documentary Stamp Tax flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational
7. Capital Gains Tax facilities.
Payments to Local Government:
1. Business Tax Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid
2. Real Property Tax form which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or
3. Registration Fees incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability in
4. Occupation Fees nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause
5. Community Tax or contribute to adverse acute or chronic effects on the health of persons or organism.
Other Local Taxes Withholding Taxes on:
1. Payroll Pollutant - shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or
2. Interest Income in Banks indirectly:
3. Royalties to Technology Transfer
4. Interest Payments to Foreign Loans a. alters the quality of any segment of the receiving water body to affect or tend to affect adversely any
5. Foreign Stockholders Dividends beneficial use thereof;
6. Remittance to Principal b. is hazardous or potential hazardous to health;
In addition to the above taxes, duties and fees, mining contractors are required to pay or expend on: c. imparts objectionable odor, temperature change, or physical, chemical or biological change to any
1. Additional Government Share for FTAA contractors segment of the water body; or
2. Royalties to Landowners/Claim owners
3. Royalties to Indigenous Peoples d. is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention
4. Social Development Programs of the condition, limitation or restriction prescribed in this Act.
5. Environmental Obligations
6. Research and Development of Mining Technology and Geosciences Treatment - means any method, technique, or process designed to alter the physical, chemical or biological
The benefits of mining projects provides approximately not less than sixty percent (60%) of the total proceeds and radiological character or composition of any waste or wastewater to reduce or prevent pollution.
of the mining operations to the government and the Filipino people, considering that the contractor infused
100% of the capital. These proceeds include all direct and indirect taxes and fees and benefits to other Waste - means any material either solid, liquid, semisolid, contained gas or other forms resulting industrial,
Filipinos. commercial, mining or agricultural operations, or from community and household activities that is devoid of
usage and discarded.

IV. Clean water act of 2004
Clean Water Act of 2004 aims to protect the country’s water bodies from pollution. It provides for a
comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and
participatory approach involving stakeholders.
 It covers ALL types of bodies of water
 All owners or operators of facilities that discharge wastewater are required to get a permit to
discharge from the DENR or LLDA
 Anyone discharging wastewater into a water body shall have to pay a wastewater charge.
Definition of Terms:
Beneficial use – use of the environment or any element/segment thereof conducive to public or private
welfare, safety and health; and shall include, but not limited to the use of water for domestic, municipal,
irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purpose.
Contamination – means the introduction of substances not found in the natural composition of water that
9
Water Pollution - means any alteration of the physical, chemical, biological, or radiological properties of a
water body resulting in the impairment of its purity or quality.
SECTION 20. Role of Local Government Units. - Local government units shall share the responsibility in the
management and improvement of water quality within their territorial jurisdictions.
Each local government unit shall, through its Environment and Natural Resources Office (ENRO) established in
Republic Act No.7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
d) To take active participation in all efforts concerning water quality protection and rehabilitation; and
e) To coordinate with other government agencies and civil society and the concerned sectors in the
implementation of measures to prevent and control water pollution: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural resources officers, the
local executive concerned may, with the approval of the Secretary of the DENR designate any of his
official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his
employee: Provided, finally, That in case an employee is designated as such, he must have sufficient
experience in environmental and natural resources management, conservation and utilization.
SECTION 21. Business and Industry Role in Environmental Management
The Department and the LGUs, in coordination with the appropriate government agencies. and in
consultation with the business and industrial sectors including commerce, shall formulate appropriate
incentives for the adoption procedures that will preserve and protect our water bodies through the
introduction of innovative equipment and processes that reduce if totally eliminate discharge of pollutants
into our water bodies.
INCENTIVES AND REWARDS
SECTION 25. Rewards - Rewards, monetary or otherwise, shall be provided to individuals, private organization
and entities, including civil society, that have undertaken outstanding and innovative projects, technologies,
processes and techniques or activities in water quality management. Said rewards shall be sourced from the
Water Quality Management Fund herein created.
SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of encouraging
LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an
effective water quality management, or actively participate in any program geared towards the promotion
thereof as provided in this Act.
A. Non-fiscal incentive
B. Financial Assistance Program
C. Extension or Grants to LGUs
D.
PROHIBITED ACTS
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the
water bodies or along the margins of any surface water, where, the same shall be liable to be washed
into such surface water, either by tide action or by storm, floods or otherwise, which could cause
water pollution or impede natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that
would pollute groundwater.
c) Operating facilities that discharge regulated water pollutants without the valid required permits or
after the permit was revoked for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety
of individuals on board the vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited
chemicals, substances or pollutants
h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage
facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this
Act or after the permit was revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan.
k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and records in accordance with this
Act;
m) Refusal or failure to submit reports whenever required by the Department in accordance with this
Act;
n) Refusal or failure to designate pollution control officers whenever required by, the Department in
accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the water supply in such a
way as to alter or impair the water quality.
V. The Philippine Fisheries Code of 1998
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REPUBLIC ACT NO. 8550
• AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE
FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR
OTHER PURPOSES
• This Act shall be known as "The Philippine Fisheries Code of 1998."
REPUBLIC ACT NO. 10654
• AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED
FISHING, AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS "THE PHILIPPINE
FISHERIES CODE OF 1998," AND FOR OTHER PURPOSES
• Section 2 of Republic Act No. 8550, otherwise known as "The Philippine Fisheries Code of 1998", is
hereby amended.
ILLEGAL FISHING
• means fishing activities conducted by Philippine fishing vessels operating in violation of Philippine
laws, Regional Fisheries Management Organization resolutions, and laws of other coastal states.
1. Bottom Trawling
• is one of the most damaging methods of fishing. It is an industrial technique that uses huge nets
weighed down with weighty ballast that get dragged down the sea bed, collecting and squashing
everything that is on the way, from fish to aquatic plants.
2. Bycatch
• means accidentally catching numerous types of aquatic life in the process of catching other fish. It
can also consist of the wrong size of the intended fish, other creatures that do not get eaten or the
ones which are not in demand, or the species that are almost extinct including particular birds,
aquatic mammals, and turtles.
3. Using of Explosives
• The usage of explosives for blasting fish is a method that has been used for years. Explosions have
the ability of creating very big craters that range from 10 to 20 square meters of the sea bed. Apart
from killing the intended fish, they also kill the other neighboring species. When the coral reefs are
destroyed, the restructuring may take years.
4. Ghost Fishing
• refers to the deliberate or unintentional leaving of fishing objects in a water body. The fishing nets
still continue to catch fish and other creatures big and small, the fish eventually die from
overtiredness or suffocation after a long struggle to get to the top to breathe. The act of
abandoning or losing fishing nets at sea has been intensified by rising fishing goings-on and the
introduction of synthetic fishing nets that are very durable.
5. Cyanide fishing
• involves divers crushing cyanide tablets into plastic squirt bottles of water and puffing the
concoction to confound and confine live fish in the coral reefs. The method is mostly practiced all
over Southeast Asia regardless of being illegal in a lot of nations in the area.
• The method was initially used in the 1960’s in the Philippines so as to obtain live fish for selling to
other countries to aquarium owners; a market which has tremendously grown. In the present day,
the method is used in supplying fish for Hong Kong and Singapore restaurants.
6. Muro-ami
• This illegal fishing method is mostly used in the Southeast Asia. It involves using a huge encircling
net with a number of pounding tools, normally weighty stones or cement blocks attached on the
surface to pound fish out of coral reefs. Fishermen pound the coral reefs with the cement blocks
scaring the fish out.
• Normally, the fish do not get scared but the stones and blocks crash the coral reefs leaving the fish
with no place to hide and end up getting caught. Continuous crashing of the coral reefs destroys
bottom sea aquatic ecosystem which takes years to get restored.
UNREPORTED FISHING
• refers to fishing activities which have not been reported, or have been misreported to the
Department, in contravention of national laws and regulations of the Philippines, or undertaken in
 the area of competence of a relevant RFMO which have not been reported or have been
misreported, in contravention of the reporting procedures of that organization and further
elaborated by regulations to be promulgated by the Department."
UNREGULATED FISHING
– refers to fishing activities conducted by:
(a) Vessels without nationality but operated by Filipino and/or Filipino corporation;
(b) Philippine flagged fishing vessels operating in areas managed by RFMOs to which the Philippines is
not a party to; or
(c) Philippine flagged fishing vessels operating in areas or fish stocks where there are no applicable
conservation and management measures.
ILLEGAL, UNREPORTED AND UNREGULATED (IUU) FISHING
• refers to fishing activities that do not comply with national, regional, or international fisheries
conservation or management legislation or measures.
• is an international issue around the world. Industry observers believe IUU occurs in most fisheries,
and accounts for up to 30% of total catches in some important fisheries.
Introduction
• The Philippines is the “center of the center” of marine biodiversity in the world, according to
renowned marine scientists led by Dr. Kent Carpenter.
• Indeed, as a sea-nation, our country harbors a wealth of marine resources that provide food to
about 50 million Filipinos, and long-term livelihood to 1.8 million fisherfolk. The Philippines plays a
significant role in feeding the world, as the top 11th exporter of wild-caught fish.
• As signatory to various international conventions and commitments including the International
Plan of Action (IPAO) to prevent, deter, and eliminate IUU fishing, the government took a
significant step to stop IUU fishing and rebuild fishing grounds by enacting Republic Act (RA) 10654,
which amended the Philippine Fisheries Code of 1998 or RA 8550. The Fisheries Code, as amended,
was borne out of advocacy to popularize the knowledge of and mainstream the implementation of
our laws to restore the abundance of our fisheries.
• Of much help are the new empowering provisions relating to administrative adjudication, citizen’s
suit and Strategic Lawsuit Against Public Participation (SLAPP). It hopes to encourage more Filipino
citizens, our dedicated decision-makers, enforcers and concerned stakeholders, to protect our rich
but fragile marine ecosystems.
• The Amended Fisheries Code will surely help in fighting IUU Fishing which is one of the main
threats to the nation’s food security.
Basic Legislation
The Philippine Environment Code (1988)
• Provides the foundation for all measures dealing with the Philippine's natural environment,
encompassing the management of air quality, water, land use, natural resources and waste.
• The Code, being a framework instrument, provides a chapter on fisheries and aquatic resources
and requires the government to establish a system of rational exploitation thereof.
The Philippine Fisheries Code (1998)
• Provides for the development, management, conservation and utilization of fisheries and aquatic
resources.
• Falls under the jurisdiction of the Department of Agriculture. Within the Department, the
Undersecretary for Fisheries and Aquatic Resources is responsible for setting policies and
formulating standards and for exercising overall supervision.
• The Code also creates a National Fisheries Research and Development Institute (NFRDI), which
serves as the primary research arm of BFAR.
• The Fisheries Code expressly prohibits the conversion of mangroves into fishponds, thus effectively
limiting the fishpond area to areas that have already been developed.
The Bureau of Fisheries and Aquaculture Resources (BFAR)
11
• is the agency tasked with the management and development of fisheries and aquatic resources.
• The functions of BFAR are broadly defined and include: the preparation and implementation of the
National Fisheries Industry Development Plan, the enforcement of laws and regulations (except in
municipal waters) and the monitoring and regulation of import and export of fishery and
aquaculture products and of fish processing establishments.
BFAR National Office - Fisheries Resources Management Division, Address
PCA Building, Elliptical Road, Diliman, Quezon City, 1101 Metro Manila
Agriculture and Fisheries Modernization Act (1997)
• which prescribes the measures to modernize the agriculture and fisheries sectors in order to
enhance their profitability.
• Whereas the Fisheries Code prioritizes the management, conservation and protection of fisheries
and aquatic resources, the Agriculture and Fisheries Modernization Act places priority on increase
in production and encourages a rapid shift towards industrialization.
Department of Environment and Natural Resources (DENR) (1987)
• establishes the Environmental Management Bureau (EMB), encompassing the former National
Environmental Protection Council, the former National Pollution Control Commission and the
former Environmental Center of the Philippines.
Philippines is a member of:
• World Trade Organization (WTO).
• Association of Southeast Asian Nations (ASEAN).
• Network of Aquaculture Centres in Asia and the Pacific (NACA).
• Southeast Asian Fisheries Development Center (SEAFDEC).
• Philippines is a party to the Convention on Biological Diversity (CBD). It has signed the
Biosafety Protocol on 24 May 2000, but is not yet a party to the Protocol. Philippines is
also a party to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES).
• Rationale for amendment of the Fisheries Code
• Fish is probably next to rice when it comes to satisfying the Filipino diet. The ocean does not only
provide a cheap source of food but also a good source of income. IUU fishing threatens effective
management and conservation of these resources.
IUU fishing covers a broad range of fishing activities:
1. Illegal fishing covers not only fishing in violations of national laws, such as the Fisheries Code, as
amended, but also fishing in a foreign state without permission;
2. Unreported fishing covers fishing activities unreported or misreported to authorities; and
3. Unregulated fishing refers to fishing in areas under regional fishery management organization by
vessels without nationality.
4. Most of these activities were not regulated under the Fisheries Code (Republic Act 8550).
 The United Nations’ Food and Agriculture Organization (FAO) says IUU fishing can lead to
collapse of fishery and ruin efforts in reviving depleted fish population.
 “According to a study published in March 2016, the average catch of a Filipino municipal fisher is
13.7 kilograms per day. Municipal fishers often catch low-value species such as roundscad and
sardines, and its value is hardly enough to pay for a fisher and his family’s daily expenses.
 Furthermore, fishers do not fish every day, with only about 192 fishing days (53%) in a year
depending on weather conditions and access to operational expenses.”
 But these were unheeded in the Philippines. Under the Fisheries Code, licensing was merely used
for revenue generation and statistics, rather than to control fishing effort and manage fisheries
resources. Unregulated and unreported fishing were not even prohibited.
 With the onset of climate change, warm temperature and ocean acidification, the ocean and
aquatic ecosystems become even more vulnerable, and require more protection for these
ecosystems to adapt and build resiliency, both for people and the planet.
 It took a yellow card warning from the European Union, for possible trade sanctions, for the
Philippines to fortify its Fisheries Code through the swift amendments under Republic Act 10654.
 Through this new and stronger law, the government puts in place stronger harvest control rules,
 reportorial requirements, vessel monitoring measures, stiffer penalties for violations, citizens’
suit, anti-strategic lawsuit against public participation (SLAPP) and other regulations to sustain
fisheries resources and ensure food security.
 Salient features of the amendments in combatting illegal, unreported, and unregulated fishing
The following are the salient features of the amendments:
A. Determination of the area’s carrying capacity and the number of fishing vessels allowed to operate based
on reference points and harvest control rules:
(1) Reference Point:
• A set of indicators that describes the level of exploitation, status of the fisheries or biological
characteristics used as standards for regulatory purpose. Reference points can be target or limit
reference point: (a) a limit is the level that should be avoided and such indicates that reaching that
level is endangering the fisheries into overexploitation; (b) a target, which should be achieved and
maintained and such level indicates that the fisheries is being exploited at their optimum level;
(2) Harvest Control Rules:
• Specific actions, in a form of regulatory measures that will make sure the target reference point is
achieved and the limit reference point is avoided. Examples of regulatory measures include
limitation in license issuance, limits on mesh size, or declaration of closed season.
B. Reportorial requirements:
• Commercial fishing vessels are required to keep a daily record of fish catch, spoilage, fishing effort,
and other information on catch and disposal, which should follow the form of a catch
documentation system to be crafted by the Department of Agriculture-Bureau of Fisheries and
Aquatic Resources (DA-BFAR). This information must be reported to the DA-BFAR, otherwise the
owner, operator or officers of the vessel can be penalized.
C. Monitoring, Control and Surveillance (MCS) System:
• Municipal, commercial, and distant water fishing vessels are required to comply with vessel
monitoring measures to be established by the DA. These vessels must have vessel monitoring
system to track and monitor the position, course and speed of the vessels at any given time for the
purpose of managing fishing effort and for traceability.
D. Citizen’s suit:
• A legal remedy integrated in the law to promote the citizen’s right to participate in decision-
making, enhance civil and political rights, and ensure implementation of the law.
E. Strategic Lawsuit Against Public Participation (SLAPP) measure:
• Enforcers and the citizens who push for fishery reforms can use the defense of SLAPP in cases filed
to purposely harass, chill, or vex them.
F. Additional prohibited acts:
• A total of 21 prohibited acts were added to the Fisheries Code, such as unregulated and
unreported fishing. Existing prohibited acts were also expanded or modified.
• For example, illegal fishing now covers violations of Regional Fisheries Management Organization
resolutions, and laws of other coastal states.
G. Harsher penalties for violations:
• Fines could reach up to P90 million for unreported fishing, for example Under RA 8550, penalties
for unauthorized fishing is fine up to P10,000 and confiscation of catch and gears. Under the
amendments, the fine could reach up to P10 million, and the penalty now includes imprisonment
of 6 months and confiscation of catch and gears.
H. Except administrative actions, all cases involving violations of the Fisheries Code and its amendments are
governed by the Rules of Procedure for Environmental Cases
Introductory Provisions
What is the scope of application of the Fisheries Code and its amendments?
The law and its amendments are applicable in:
1. All Philippine waters including other waters over which the Philippines has sovereignty and
jurisdiction. All aquatic and fishery resources whether inland, coastal or offshore;
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2. All private or public lands devoted to aquaculture;
3. 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;
4. All Philippine flagged fishing vessels operating in areas governed by a Regional Fisheries
Management Organization (RFMO), in the high seas, or in waters of other coastal states.
When does the law take effect?
• The amendments lapsed into law on 27 February 2015, and took effect on 23 March 2015 after
publication in a newspaper of general circulation.
Which government body has authority, whether exclusive or concurrent, over violations of the Fisheries
Code and its amendments?
1. Regular courts for criminal actions
2. Regular courts, Court of Appeals, the Supreme Court, and other quasi-administrative bodies for
citizen’s suits and civil actions
3. BFAR Adjudication Committee for administrative actions under the Fisheries Code as amended
4. The Office of the Ombudsman for administrative and criminal liability of public officers
UTILIZATION AND MANAGEMENT OF FISHERIES AND AQUATIC RESOURCES
Who issues permits and sets fees on vessel license and fishery charges ?
Department of Agriculture through the Bureau of Fisheries and Aquatic Resources sets the rentals for fishpond
areas covered by the Fishpond Lease Agreement (FLA), license fees for Commercial Fishing Vessel Licenses
(CFVL), sets fees and other fishery charges and issues the license and permit for the following;
Fishing gear
Fishing accessories
Other fishery activities beyond municipal waters
In protected areas, the Department of Environment and Natural Resources (DENR) secretary sets
the fees, while the Protected Area Management Board issues the permit for fishing and other
activities within the protected area.
• Is there a limit on issuance of licenses and permits?
Yes, the Department of Agriculture (DA) and Bureau of Fisheries and Aquatic Resources (BFAR)determines the
number of licenses and permits for fishery activities subject to harvest control rules and reference points.
Likewise the Local Government Units and Special Management Bodies are granted authorities to set the limits
in coordination with the BFAR.
• Who are given preference in access to fishery resources?
Resource users in the local communities adjacent or nearest to the municipal waters – are given
preference in the issuance of licenses and permits in conducting fishery activities.
Existing Commercial Fishing Vessel Licenses (CFVL) holders have priority rights in allocation of
licenses as long as they have no record of violation on the terms and conditions of their licenses,
and, at all times subject to carrying capacity of the ocean through the harvest control rules and
other forms of fisheries management intervention.
• What is a closed season?
A “closed season” is a period when the taking of specified fishery species by a specified fishing gear or specific
fisheries activities is prohibited in a specified area in Philippine waters.
Who declared a closed season?
 The Secretary may declare a closed season through public notice in at least two (2) newspaper of
general circulation or in public service announcements.
 The LGU in consultation with the Fisheries and Aquatic Resources Management Councils (FARMC)
for conservation purposes. The FARMC’s may also recommend closed seasons in municipal waters,
fisheries management and other areas reserve for the use of municipal fisherfolk.
• Who has jurisdiction over municipal waters?
The city or municipality has jurisdiction over the municipal waters , and they are responsible for doing the
following:
1. Manage, conserve, develop and protect fishery or aquatic resources within the municipal
 waters in consultation with the Fisheries and Aquatic Resources Management Councils
(FARMC).
2. Enact a Municipal Fisheries Ordinance(MFO) in consultation with the FARMC.
3. Enforce all fishery laws, rules and regulations and fishery ordinances.
What area are included in municipal waters?
Streams, lakes and inland bodies of water within the municipality; and marine waters included between two
lines drawn perpendicular to the coastline from points where the boundary lines of the municipality touch the
sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline.
• Who will mediate when overlapping boundaries of municipal waters result to resource use
conflicts?
The concerned city or municipal governments must allow mediation by Department of Agriculture (DA) and
Bureau of Fisheries and Aquatic Resources (BFAR) in consultation with the National Fisheries and Aquatic
Resources Management Councils (FARMC), local FARMC and stakeholders to resolve the conflict.
• What should a Municipal Fisheries Ordinance cover?
A basic Municipal Fisheries Ordinance (MFO) must delineate the boundaries of municipal waters, provide the
rules and regulations on licensing and permits that may be issued in accordance with Harvest Control Rules
and reference points that may be adopted for the municipal waters.
Who are allowed to use the municipal waters for fishery activities?
Registered fisherfolks and their organizations can use the municipal waters for all fishery activities.
• What are the rights and benefits of municipal fisherfolks and fish workers?
1. Resident municipal fisherfolks and their organizations enjoy priority to use municipal and
demarcated fishery areas of the municipality.
2. The Department and LGU’s must provide support to fisherfolks though technology and research,
credit production, marketing assistance and other services.
3. Fish workers are entitled to privileges under the Labor Code, SSS, and other benefits under the laws. Fish
workers, on board in any fishing vessels engage in fishing operations are covered by the Philippine. Labor
Code.
• NEW REQUIREMENTS FOR COMMERCIAL FISHING
• What are the guidelines in the application for Commercial Fishing Vessel License?
Subject to compliance with the provision under the Fisheries Code as amended, including the installation of
vessel, and the rules and regulations that may be promulgated by the DA. The DA-BFAR shall issue to qualified
commercial fishing vessel licenses or commercial gear licenses to engage in commercial fishing
Guidelines in the renewal of CFVL are the following;
1. Before the expiration of the CFVL license, the licensees must go to the DA-BFAR Regional Office to
renew the license and request for inspection of the fishing vessel.
2. Upon receipt of the Inspection Report, the licensees must file the requirements for renewal and
pay the license fees.
3. The DA-BFAR Regional Office must evaluate the application for renewal.
4. Licensees who have not renewed their CFVL within six (6) days prior to its expiration may still apply
for renewal.
What are the reportorial requirements for commercial fishing vessels?
Commercial fishing vessels are required to keep a daily record of fish catch and spoilage; landing points;
quantity and value of fish caught; and fish off-loaded for transshipment’ sale or other disposal which must be
certified by the vessel’s captain and submitted to the DA-BFAR.
VI. PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT
SYSTEM (P.D. 1586)
WHAT IS AN ENVIRONMENTAL IMPACT STATEMENT?
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An environmental impact statement contains the predicted impact of a proposed project which is most likely
to occur and affect the environment and the surrounding communities.
In the Philippines, we have Environmental Impact Statement System under Presidential Decree 1586 which
was ratified on June 11, 1978. The main objective of this law is to maintain the balance between the
environment and the socio-economic development of the country. It aims to protect the environment despite
the increasing demand of natural resources and development to attain sustainability.
Section 1. Policy. - It is hereby declared the policy of the State to attain and maintain a rational and
orderly balance between socio-economic growth and environmental protection.
OBJECTIVES OF PEISS
T0 require every project proponent to take the environment into consideration in the implementation of its
project in order to provide adequate protection to the environment or at least minimize the project’s
potential negative impacts.
Stakeholder participation in the field of environmental management and protection is important.
Section 2. Environmental Impact Statement System. - There is hereby established a Environmental
Impact Statement System founded and based on the environmental impact statement required, under
Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government,
including government-owned or controlled corporations, as well as private corporations, firms and entities for
every proposed project and undertaking which significantly affect the quality of the environment.
BACKGROUND OF THE PEISS
The PEISS law traces its legal roots under Presidential Decree (PD) 1151 of 1977 where the country’s
environmental policy required sponsors of all government and private projects affecting the quality of the
environment to prepare an assessment of the project’s environmental impacts. During the same year, the
Philippine Environmental Code was promulgated via PD 1152 which required all land use management
regulating or enforcing agencies to consider significant environmental impacts as well as other aspects of
locating industries.
The Philippine Environmental Impact Statement System was formalized in PD 1586 known as Establishing the
Environmental Impact Statement Systems including other Environmental Management and Related Measures
in 1978. In particular, Section 4 of the law provides that no person, partnership or corporation shall undertake
or operate any such declared environmentally critical project or area without first securing an Environmental
Compliance Certificate (ECC). Today, an ECC is a document issued by the Department of Environment and
Natural Resources (DENR) certifying that the project has complied with the EIS system and has committed to
implement its approved Environmental Management Plan to address the environmental impacts it will
generate (DENR-EMB, 2014).
Section 3. Determination of Lead Agency. - The Minister of Human Settlements or his designated
representative is hereby authorized to name the Lead Agencies referred to in Section 4 of Presidential Decree
No. 1151, which shall have jurisdiction to undertake the preparation of the necessary environmental impact
statements on declared environmentally critical projects and areas. All Environmental Impact Statements
shall be submitted to the National Environmental Protection Council for review and evaluation.
The Philippine bureaucracy was reorganized during the administration of President Corazon Aquino. For the
Department of Environment and Natural Resources, this saw the abolishment of the NEPC and the transfer of
its powers and functions to the Environment and Management Bureau (EMB). Further refinement to the EIS
system was made following the amendment of the IRR of PD 1586 in 1992.
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. - The President
of the Philippines may, on his own initiative or upon recommendation of the National Environmental
Protection Council, by proclamation declare certain projects, undertakings or areas in the country as
environmentally critical. No person, partnership or corporation shall undertake or operate any such declared
environmentally critical project or area without first securing an Environmental Compliance Certificate issued
by the President or his duly authorized representative. For the proper management of said critical project or
area, the President may by his proclamation reorganized such government offices, agencies, institutions,
corporations or instrumentalities including the realignment of government personnel, and their specific additional environmental safeguards as it may deem necessary.
functions and responsibilities. For the same purpose as above, the Ministry of Human Settlements shall: (a) ENVIRONMENTAL IMPACT ASSESSMENT
prepare the proper land or water use pattern for said critical project(s) or area(s); (b) establish ambient EMB MC 005 of 2014 formally defines Environmental Impact Assessment as “the process that involves
environmental quality standards; (c) develop a program of environmental enhancement or protective evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment
measures against calamitous factors such as earthquake, floods, water erosion and others, and (d) perform during construction, commissioning, operation and abandonment. It also includes designing appropriate
such other functions as may be directed by the President from time to time. preventive, mitigating and enhancement measures addressing these consequences to protect the
COVERAGE OF THE PEISS environment and the community’s welfare”. The EIA Process is a proponent-driven process wherein the
Presidential Proclamation No. 2146, Series of 1981, defines undertakings that are either Environmentally Proponent applies for an Environmental Compliance Certificate (ECC) by submitting an EIS.
Critical Projects (ECPs) or those located in Environmentally Critical Areas (ECAs) was within the scope of the ENVIRONMENTAL COMPLIANCE CERTIFICATE
PEISS. The said proclamation classified the undertakings into different categories to determine coverage A “document issued by the DENR-EMB after a positive review of an ECC application, certifying that the
under the PEISS. Proponent has complied with all the requirements of the EIS System and has committed to implement its
ENVIRONMENTALLY CRITICAL PROJECTS approved Environmental Management Plan
1. Heavy Industries The ECC contains a “summary of the information on the type, size and location of the project, environmental
- Non-Ferrous impacts, the mitigating measures and environmental management plan for the various government agencies
- Metal Industries to consider in their decision-making process.”
- Iron and Steel Mills An ECC is not a permit and should not be interpreted as such but rather a set of conditions, which will have to
- Petroleum and Petrochemical Industries be complied with by the project proponent before implementing the said project.
- Smelting Plants PROCESS OF EIA
2. Resource Extractive Industries STAGES OF THE EIA PROCESS
- Mining and Quarrying Projects The EIA Process has six consecutive stages:
- Forestry Projects 1. Screening
- Dikes for/and Fishpond Development Projects 2. Scoping
3. Infrastructure Projects 3. EIA Study and Report Preparation
- Dams Power Plants 4. EIA Report Review and Evaluation
- Reclamation Projects 5. Decision Making, and Monitoring
- Roads and Bridges 6. Validation and Evaluation/Audit to be complied with by the project proponent before
4. Golf Course Projects implementing the said project
Environmentally Critical Areas are areas delineated through Presidential Proclamation 2148 as SCREENING
environmentally sensitive such that significant environmental impacts are expected if certain projects are Determine if a project is covered or not by the PEISS. If a project is covered, screening further determines
located, developed or implemented in it. The following are the ECAs: what document type the proponent should prepare to secure the needed approval, and what the rest of the
1. Areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries; requirements are.
2. Areas set aside as aesthetic, potential tourist spots; SCOPING
3. Areas which constitute habitat for any endangered or threatened species of Philippine wildlife A proponent-driven multi-sectoral formal process of determining the focused Terms of Reference of the EIA
(flora or fauna); Study.
4. Areas of unique historic, archeological, geological, or scientific interest; Scoping identifies the most significant issues/impacts of a proposed project, and then, delimits the extent of
5. Areas which are traditionally occupied by cultural communities or tribes; baseline information to those necessary to evaluate and mitigate the impacts.
6. Areas frequently visited and or hard hit by natural calamities such as geologic hazard areas, flood- The need for and scope of an Environmental Risk Assessment is also done during the scoping session.
prone areas, areas frequently visited by typhoons and areas prone to volcanic Scoping is done with the local community and with a third party EIA Review Committee (EIARC) through
activities/earthquakes; Technical Scoping, with the participation of the DENREMB.
7. Areas with critical slope; The process results in a signed Formal Scoping Checklist by the review team, with the final approval by the
8. Areas classified as prime agricultural lands. The IRR states that “Prime agricultural lands shall refer EMB Chief.
to lands that can be used for various or specific agricultural activities and can provide optimum EIA STUDY AND REPORT PREPARATION
sustainable yield with a minimum of inputs and development costs as determined by the The EIA Study involves a description of the proposed project and its alternatives, characterization of the
Department of Agriculture (DA), National Irrigation Administration (NIA) or concerned local project environment, impact identification and prediction, evaluation of impact significance, impact
government unit through their zoning ordinance; mitigation, formulation of Environmental Management and Monitoring Plan, with the corresponding cost
9. Recharged areas of aquifers; estimates and institutional support commitment.
10. Water bodies; The study results are presented in an EIA Report for which an outline is prescribed by the EMB for every major
11. Mangrove areas; and document type.
12. Coral reefs. EIA REPORT REVIEW AND EVALUATION
Review of EIA Reports normally entails an EMB procedural screening for compliance to minimum
Section 5. Environmentally Non-Critical Projects. - All other projects, undertakings and areas not requirements specified during Scoping, followed by a substantive review of either composed third party
declared by the Presidents as environmentally critical shall be considered as non-critical and shall not be experts commissioned by EMB as EIA Review Committee for PEIS/EIS-based applications, or DENR/EMB
required to submit an environmental impact statement. The National Environmental Protection Council, thru internal specialists, the Technical Committee, for IEE-based applications.
the Ministry of Human Settlements may however require non-critical projects and undertakings to provide The EMB evaluates the EIARC recommendations and the public’s inputs during public consultations/hearings
14
in the process of recommending a decision on the application. The EIARC Chair signs EIARC recommendations
including issues outside the mandate of the EMB.
The entire EIA review and evaluation process is summarized in the Review Process Report (RPR) of the EMB,
which includes a draft decision document.
DECISION MAKING
Involves the evaluation of EIA recommendations and the draft decision document, resulting in the issuance of
an ECC, CNC or Denial Letter.
When approved, a covered project is issued it certificate of Environmental Compliance Commitment (ECC),
while an application of a non-covered project is issued a Certificate of Non-Coverage (CNC).
MONITORING, VALIDATION AND EVALUATION/AUDIT
Involves the assessment of the performance of the Proponent against the ECC and its commitments in the
Environmental Management and Monitoring Plans to ensure actual impacts of the project are adequately
prevented or mitigated
Scope of Violations – Violations of provisions of PD 1586 and DAO 2003-30 are classified as follows:
Projects with or without ECCs which pose grave and/or irreparable danger to environment, life and
property;
Projects which are established and/or operating without an ECC: A project that has commenced its
implementation is deemed "operating without an ECC", whether or not it is in actual operation. The phrase
"operating without ECC" refers to all projects that were implemented without ECC that should have been
required by the P.D. 1586 IRR. Operating with an ECC secured from agencies or entities other than DENR is
also considered "operating without an ECC". Projects operating without an ECC shall not be issued EMB
regional environmental permits by EMB-PCD/EQD until such projects have complied with the PEISS in securing
an ECC.
Projects violating ECC conditions and EMP Commitments and other procedural requirements of the
Philippine EIS System:
Violations in relation to ECC conditions are classified as minor and major offenses, differentiated by schedule
of fines based on seriousness and gravity of the offense
MINOR Offenses
Violations of administrative conditions in the ECC and the EIS System procedures, rules and regulations that
will not have direct significant impact on the environment but can impede or delay compliance against other
ECC conditions and/or EMP commitments which the Proponent is required to comply or can prevent/deter
EMB from performing monitoring or audit functions on the Proponent's environmental performance, such as:
1) non-submission or delay in submission of reports/requirements;
2) transfer of ownership of the project/ECC without prior approval from ECC-issuing authority;
3) delay or failure to initiate formation or implementation of ECC conditions which do not have
significant impacts on the environment, such as formation of EU, MMT, EMF, EGF, enhancement
measures and other similar/equivalent requirements prior to the required deadline in the ECC;
4) non-compliance with other administrative conditions in the ECC;
5) non-compliance with administrative and technical procedural guidelines in the DAO 2003-30 and
its Revised Procedural Manual; and
6) Other offenses deemed "minor" at the discretion of the EMB CO/RO Director.
MAJOR Offenses
Violations of substantive conditions in the ECC and the EIS System procedures, rules and regulations that will
have significant impact on the environment and which the Proponent is required to comply, such as:
1) non-implementation of substantive conditions in the ECC on the EMP and EMoP and other related
substantive commitments in the EIA Report, including modifications during EIA Report Review,
2) exceedance of project limits or area;
3) significant addition of project component or product without prior DENR-EMB approval;
4) major change in project process or technology resulting in unmitigated significant impacts not
addressed by approved EMP;
5) Other offenses deemed "major" at the discretion of the EMB CO/RO Director.
d.Misrepresentations, whether material or minor constitute violations on the theory that full
disclosure in the EIA Report is the key to the effective use of the EIS System as a planning and
15
management tool.
Section 9. Penalty for Violation. - Any person, corporation or partnership found violating Section 4 of
this Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or of the
standards, rules and regulations issued by the National Environmental Protection Council pursuant to this
Decree shall be punished the suspension or cancellation of his/its certificate and/or a fine in an amount not to
exceed fifty thousand pesos (50,000.00) for every violation thereof, at the discretion of the National
Environmental Protection Council.
VII. REVISED FORESTRY CODE
BACKGROUND
Forests are among the most valuable natural resources in the Philippines. They provide a range of ecosystem
services, ranging from the provision of food crops, livestock and fish to provide recreational experiences. In
2013, the forestry sector contributed PhP5.26 billion (0.12%) to the national gross domestic product (GDP)
(2014 Philippine Statistical Yearbook).
Forests also serve as significant carbon sink and are vital for biological conservation and environmental
protection, locations for education and research, habitat for indigenous flora and fauna, and resettlement
areas. According to the National Commission on Indigenous Peoples (NCIP), forests serve as home to some 12-
15 million indigenous peoples and provide livelihood to
The law governing management and utilization of forest lands.
Repealed Forestry Reform Code (PD No. 389); Pasture Land Act (CA No.452) and all other laws inconsistent
therewith.
Places emphasis not only on utilization, but more so on the protection, rehabilitation and development in
order to ensure the continuity of productive condition
STATE POLICY
(a) The multiple uses of forest lands shall be oriented to the development and progress requirements of the
country, the advancement of science and technology, and the public welfare;
(b) Land classification and survey shall be systematized and hastened;
(c) The establishment of wood-processing plants shall be encouraged and rationalized; and
(d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their
continuity in productive condition.
WHAT IS MULTIPLE LAND USE?
Multiple-use is the harmonized utilization of the numerous beneficial uses of the land, soil, water, wildlife,
recreation value, grass and timber of forest lands
Policy is enshrined in our laws with the end view that country’s natural resources may be rationally explored,
developed, utilized and conserved.
Allows multiple uses to optimize the benefits derived therefrom
There is equiponderance between or among other laws with regards to land use
Systematized land classification and survey
Protection, rehabilitation and development must be emphasized to ensure continuity of productive state.
FOREST DEFINED
The Forest Management Bureau (FMB) of the Department of Environment and Natural Resources (DENR)
defines “forest” as land with an area of more than 0.5 hectare and tree crown cover1 (or equivalent stocking
level) of more than 10 percent. The trees should be able to reach a minimum height of 5 meters at maturity in
situ (original position/location). A forest consists of either closed forest formations where trees of various
storeys and undergrowth cover a high proportion of the ground or open forest formations with a continuous
vegetation cover in which tree crown cover exceeds 10 percent. Young natural stands and all plantations
established for forestry purposes, which have yet to reach a crown density of more than 10 percent or tree
height of 5 meters are included under forest.
FOREST LANDS CONCEPTS
Large tract of land covered with a natural growth of trees and underbush; large wood – descriptive
classification or concept.
Different from legal concept as classification of lands of the public domain in the Constitution – legal status, a
classification for legal purposes
In the context of Public Land Act or Constitution, forest does not necessarily refer to large tract of wooded
land or covered by dense growth of trees an underbush. Heirs of Amunategui v. Director of Forestry (GR L-
127873 Nov. 29, 1983)
Public forests or forests reserves are not capable of private appropriation unless declassified and released b y
positive act of the government
Forest lands are not registrable until timber or forest lands are released as Disposable & Alienable.
DEFINITIONS
Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations.
Public forest is the mass of lands of the public domain which has not been the subject of the present system
of classification for the determination of which lands are needed for forest purposes and which are not.
Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of
the present system of classification and determined to be needed for forest purposes.
Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any
specific purpose or purposes.
FOREST RESERVATIONS
National park refers to a forest land reservation essentially of primitive or wilderness character which has
been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the
natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these
features in such a manner as will leave them unimpaired for future generations.
Watershed reservation is a forest land reservation established to protect or improve the conditions of the
water yield thereof or reduce sedimentation.
OTHER TERMS:
Alienable and disposable lands refer to those lands of the public domain which have been the subject of the
present system of classification and declared as not needed for forest purposes.
Grazing land refers to that portion of the public domain which has been set aside, in view of the suitability of
its topography and vegetation, for the raising of livestock.
Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of
Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure.
Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals, birds
and fish and closed to hunting and fishing in order that the excess population may flow and restock
surrounding areas.
Marine parks refers to any off-shore area inhabited by rare and unique species of marine flora and fauna.
Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing, water skiing
and related healthful activities.
Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common
outlet for surface run-off.
Critical watershed is a drainage area of a river system supporting existing and proposed hydro-electric power
and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing
accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated.
Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along
streams where the water is brackish.
Kaingin is a portion of the forest land, whether occupied or not, which is subjected to shifting and/or
permanent slash-and-burn cultivation having little or no provision to prevent soil erosion.
Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax,
16
nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game,
scenic, historical, recreational and geologic resources in forest lands.
Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan, tengile,
tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany group, apitong and the yakals.
Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro pine in
Mindoro and Zambales provinces.
Industrial tree plantation is any tract of forest land purposely and extensively planted to timber crops
primarily to supply the raw material requirements of existing or proposed processing plants and related
industries.
Tree farm refers to any tract of forest land purposely and extensively planted to trees of economic value for
their fruits, flowers, leaves, barks, or extractives, but not for the wood thereof.
Selective logging means the systematic removal of the mature, over-mature and defective trees in such
manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to
assure a future crop of timber, and forest cover for the protection and conservation of soil and water.
Seed tree system is partial clearcutting with seed trees left to regenerate the area.
Healthy residual is a sound or slightly injured tree of the commercial species left after logging.
Sustained-yield management implies continuous or periodic production of forest products in a working unit
with the aid of achieving at the earliest practicable time an approximate balance between growth and harvest
or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass,
wildlife, and other renewable resources of the forest.
Processing plant is any mechanical set-up, machine or combination of machine used for the processing of logs
and other forest raw materials into lumber, veneer, plywood, wallboard, block-board, paper board, pulp,
paper or other finished wood products.
Lease is a privilege granted by the State to a person to occupy and possess, in consideration of a specified
rental, any forest land of the public domain in order to undertake any authorized activity therein.
License is a privilege granted by the State to a person to utilize forest resources as in any forest land, without
any right of occupation and possession over the same, to the exclusion of others, or establish and operate a
wood-processing plant, or conduct any activity involving the utilization of any forest resources.
License agreement is a privilege granted by the State to a person to utilize forest resources within any forest
land with the right of possession and occupation thereof to the exclusion of others, except the government,
but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the
terms and conditions set forth in said agreement.
Permit is a short-term privilege or authority granted by the State to a person to utilize any limited forest
resources or undertake a limited activity with any forest land without any right of occupation and possession
therein.
Annual allowable cut is the volume of materials, whether of wood or other forest products, that is authorized
to be cut regularly from the forest.
Cutting cycle is the number of years between major harvests in the same working unit and/or region, within a
rotation.
Ecosystem means the ecological community considered together with non-living factors and its environment
as a unit.
Silviculture is the establishment, development reproduction and care of forest trees.
Rationalization is the organization of a business or industry using scientific business management principles
and simplified procedures to obtain greater efficiency of operation.
Forest officer means any official or employee of the Bureau who, by the nature of his appointment or the
function of the position to which he is appointed, is delegated by law or by competent authority to execute,
implement or enforce the provisions of this Code, other related laws, as well as their implementing
regulations.
Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a common
ancestor.
Private right means or refers to titled rights of ownership under existing laws, and in the case of primitive
tribes, to rights of possession existing at the time a license is granted under this Code, which possession may
include places of abode and worship, burial grounds, and old clearings, but excludes production forest
inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of
economic value.
FOREST COVER
In 1934, forests comprised more than half (57%) of the country’s total land area.
In 2010, the forest cover has gone down to 23 percent or about 6.8 million hectares mainly due to increasing
agricultural and housing needs, commercial and illegal logging, and kaingin and forest fires. The extensive
deforestation and degradation are brought about by the inequitable land distribution, insecure tenure and
rural poverty in the country.
However, due to intensified reforestation efforts of the government, the private sector and civil society, as
well as the enactment in 1992 of Republic Act No. 7858 or the National Integrated Protected Areas System
(NIPAS), more than 200,000 hectares were reforested from 2000 to 2008, the largest being in 2008, with
about 43,610 hectares (Philippine Development Plan 2011-2016)
Based on the 2010 satellite imageries released by the National Mapping and Resource Information Authority
(NAMRIA), open forest accounted for 68 percent (4.595 million hectares) of the total forest cover in the
Philippines, 28 percent are closed forest while the rest are mangrove.
The top three regions with the highest forest cover are Region 2 with 1.04 million hectares, followed by
Region 4-B and the Cordillera Administrative Region (CAR). The largest area on tree plantations is in Region 4 -
B while most of the mangrove forests are found in the Autonomous Region in Muslim Mindanao (ARMM).
Among the ten member states of the Association of Southeast Asian Nations (ASEAN), only the Philippines and
Vietnam registered positive increase in terms of forest cover from 1990 to 2010 with 16.7 percent and 47.4
percent, respectively (FMB).
REFORESTATION
In response to the substantial deforestation in the past decades, large-scale reforestation and rehabilitation
programs and activities were implemented in the country. Activities ranged from traditional large-scale
government reforestation projects and industrial tree plantations to contract reforestation, community based
initiatives, integrated development and livelihood projects, agroforestry, and private tree farming (Center for
International Forestry Research, 2003).
Data from the DENR-FMB show that reforested area in the Philippines generally grew from 1974 to 2013. Of
the said areas, most of the reforestation was done by the government sector led by the DENR (73%) while 27
percent is contributed by the non-government sector, which includes timber licensees, holders of forest
tenurial instruments and other private organizations.
BUREAU OF FOREST DEVELOPMENT (BFD)
For the purpose of implementing the provisions of this Code, the Bureau of Forestry, the Reforestation
Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office,
including applicable appropriations, records, equipment, property and such personnel as may be necessary,
are hereby merged into a single agency to be known as the Bureau of Forest Development, hereinafter
referred to as the Bureau. Now FOREST MANAGEMENT BUREAU (FMB)
FOREST MANAGEMENT BUREAU (FMB)
Core bureau in-charge for the purpose of implementing the provisions of the code.
All decision of the Director are subject to review either motu propio or upon appeal of any person aggrieved
thereby to DENR Secretary
Decision of DENR Secretary shall be final and executory after lapse of 30 days from receipt of decision by
aggrieved party. Decision cannot be reviewed by courts except through SC for Certiorari or Prohibition
Period may be interrupted by appeal to President.
Doctrine of Exhaustion of Administrative Remedies applies – resort first to the appropriate administrative
authorities in the resolution of the controversy falling under their jurisdiction before the same may be
elevated to the courts of justice for review.
Decisions and Orders of administrative agencies upon their finality have the force and binding effect of final
judgment within the purview of the Res Judicata Doctrine – conclusive upon the rights of the affected parties
& forbids the reopening of a matter once determined by the competent authority acting within their exclusive
jurisdiction
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Laches – failure or neglect for an unreasonable and unexplained length of time to do that which by exercising
due diligence, could or should have been done earlier, or to assert a right within reasonable time, warranting
a presumption that the party entitled thereto has either abandoned it or declined to assert it.
Bureau has Jurisdiction & Authority over all forest lands, grazing lands, and all forest reservations including
watershed reservations
DUTIES/RESPONSIBILITIES OF BUREAU (FMB):
Protection, development, management, regeneration, and reforestation of forest lands
Regulation & supervision of the operation of licensees, lesses and permits
Implementation of multiple use and sustained yield management in forest lands;
Preservation of national parks, marine parks, game refuges and wildlife
Implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing
lands.
Effective, efficient and economic classification of lands of the public domain
Enforcement of forestry, reforestations, parks, games and wildlife laws, rules and regulations.
JURISDICTION OF BUREAU
The Bureau shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations
including watershed reservations presently administered by other government agencies or instrumentalities.
It shall be responsible for the protection, development, management, regeneration, and reforestation of
forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the
taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple
use and sustained yield management in forest lands; the protection, development and preservation of
national parks, marine parks, game refuges and wildlife; the implementation of measures and programs to
prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other bureaus, the
effective, efficient and economic classification of lands of the public domain; and the enforcement of forestry,
reforestation, parks, game and wildlife laws, rules, and regulations.
The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other
wood processing plants and conduct studies of domestic and world markets of forest products.
The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural
Resources, hereinafter referred to as the Department Head. Now DEPARTMENT OF ENVIRONMENT &
NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
Department concerned (primarily responsible)
Conservation, management, development and proper use of natural resources
Including licensing and regulation of all natural resources to ensure equitable sharing of benefits for the
present and future
Policy determination by the executive branch on proper management of forest resources cannot be interfered
with by the courts.
Matters which are addressed to the sound discretion of government agencies entrusted with the regulation of
activities coming under the special technical knowledge and training of such agencies will not be interfered by
the courts.
CLASSIFICATION AND SURVEY
No land of the public domain eighteen per cent (18%) in slope or over shall be classified as alienable and
disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and disposable
shall be reverted to the classification of forest lands by the Department Head, to form part of the forest
reserves, unless they are already covered by existing titles or approved public land application, or actually
occupied openly, continuously, adversely and publicly for a period of not less than thirty (30) years as of the
effectivity of this Code, where the occupant is qualified for a free patent under the Public Land Act: Provided,
That said lands, which are not yet part of a well-established communities, shall be kept in a vegetative
condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided, further,
That when public interest so requires, steps shall be taken to expropriate, cancel defective titles, reject public
land application, or eject occupants thereof.
AREAS NEEDED FOR FOREST PURPOSES
The following lands, even if they are below eighteen per cent (18%) in slope, are needed for forest purposes,
and may not, therefore, be classified as alienable and disposable land, to wit:
1. Areas less than 250 hectares which are far from, or are not contiguous with, any certified alienable and
disposable land;
2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring for
communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have good residual stocking to support an
existing, or approved to be established, wood processing plant;
5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands
where headwaters emanate;
6. Appropriately located road-rights-or-way;
7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with
channels of at least five (5) meters wide;
8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing oceans,
lakes, and other bodies of water, and strips of land at least twenty (20) meters wide facing lakes;
9. Areas needed for other purposes, such as national parks, national historical sites, game refuges and
wildlife sanctuaries, forest station sites, and others of public interest; and
10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird
sanctuaries, national shrines, national historic sites:
11. Provided, That in case an area falling under any of the foregoing categories shall have been titled in
favor of any person, steps shall be taken, if public interest so requires, to have said title cancelled or
amended, or the titled area expropriated.
FOREST LANDS TO BE REFORESTED
Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope;
Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope, but with soil so highly
erodible as to make grass cover inadequate for soil erosion control;
Brushlands or tracts of forest lands generally covered with brush, which need to be developed to increase
their productivity;
Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%), interspersed with
patches of forest each of which is less than two hundred fifty (250) hectares in area;
Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and reservations as
critical watersheds, national parks, game refuge, bird sanctuaries, national shrines, national historic sites;
Inadequately-stocked forest lands within forest concessions;
Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent (50%); and
River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and beaches.
UTILIZATION AND MANAGEMENT
Protection and preservation of forests as adherence to public policy
Principle of inter-generational responsibility as enunciated in the case of Oposa v. Factoran
A timber license is not a contract but a mere privilege which does not create irrevocable rights.
TIMBER LICENSE AGREEMENT OR LICENSE TO HARVEST TIMBER
Maximum of 25 years renewable for another period not exceeding 25 years
Condition for continued privilege that licensee should reforest all areas
Size of forest concessions shall be limited to that which a person may effectively utilize and develop for a
period of 50 years considering the cutting cycle, past performance of the applicant and his capacity not only
to utilize but more importantly to protect and manage the whole area
Industrial tree plantations and tree farms – lease period of 25 years and renewable for another period not
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exceeding 25 years
Industrial tree plantation minimum area of 1000 ha. And 100 ha for tree farm.
FOREST PROTECTION
Utilization of timber shall not be allowed except through license agreements
Concessionaires shall have exclusive privilege to cut allowable harvest plus additional right of occupation,
possession and control to the exclusion of others except the government
Even utilization of timber in A & D lands, private lands, civil reservations including those under the jurisdiction
of other government agencies and the establishment and operation of sawmills and other wood-processing
plant shall be regulated to prevent them from excessive and unauthorized harvests in forests land.
Swamplands and mangrove forests shall be maintained and shall not be alienated.
SERVICE CONTRACTS
In national interest, the secretary may allow forest products licensees, lessees, or or permittees to enter into
service contracts for financial, technical, management or other forms of assistance with foreign entity or
person.
DENR secretary is authorized to negotiate and enter into for and in behalf of the government for a period of
25 years and renewable for another period not exceeding 25 years
CRIMINAL OFFENSES AND PENALTIES
Two distinct offenses under section 68 (as amended by EO 277, duly 25, 1987)
Cutting, gathering, collecting and removing timber or other forest products from any forest land or timber
from A & D or from private land without any authority;
Legality can be raised as a defense by showing/presenting the authorization or permit issued by DENR
Possession of timber or other forest products without the legal documents required under existing forest laws
and regulations.
Immaterial if source legal or not. Mere possession of forest products without the proper documents
consummates the crime. – Mala Prohibitum
Prior to the amendment, violation of Section 68 is punished as qualified theft. But with the introduction of EO
277 the offenses now constitute distinct offense, independent form the crime of theft under Articles of 309
and 310
DENR has jurisdiction over the confiscation of forest products
Property lawfully taken by virtue of legal process is deemed to be in custodial legis
Unlawful occupation or destruction of forest lands including those who assist, aid or abet or set a fire or
negligently permit a fire to be set, upon conviction shall be fined in an amount of not less than Php500 nor
more than Php20,000 and imprisonment for not less than 6 months nor more than 2 years for each offense
and be liable to the payment of 10 times the rental fees and other charges which would have been accrued
had the occupation and use of the land been authorized.
Pasturing livestock without authority shall be imprisoned for not less than 6 months nor more than 2 years
and a fine equal to 10 times the regular rentals due in addition to the confiscation of such livestock and all
improvements introduced.
Illegal occupation of national parks system and recreation areas and vandalism therein shall be fined not less
than Php200 or more than Php500 exclusive of the valude of the thing damaged. If the area requires
rehabilitation or restoration as determined by the Director, the offender shall also be required to resotre or
compensate for the restoration of the damage.
Imprisonment for not less than 2 nor more than 4 years in addition to the confiscation of the implements used
in survey by unauthorized person
Any public officer or employee who knowingly surveys, classifies or recommends the release of forest land
contrary to criteria and standards established shall be dismissed from service after appropriate admin
proceeding, with prejudice to re-employment and upon conviction by court of competent jurisdiction, suffer
an imprisonment of not less than 1 year and a fine not less than Php1,000 .
Forest officer or employee of the Bureau shall arrest even without warrant any person who has committed or
is committing in his presence any of the offenses defined under the code.
VIII. UNCLOS • The coastal state can prejudice a foreign flag vessel beyond the territorial see if there are
reasonable grounds for assuming they are about to violate Customs or Public Health Regulations
• In an Exclusive Economic Zone, the coastal state has the following rights:
• What is UNCLOS?
• Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural
• The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed
Convention or the Law of the Sea treaty. The Law of the Sea Convention defines the rights and
and its subsoil, and with regard to other activities for the economic exploitation and exploration of
responsibilities of nations with respect to their use of the world's oceans, establishing guidelines
the zone, such as the production of energy from the water, currents and winds.
for businesses, the environment, and the management of marine natural resources. It lays down a
• Can enact regulations on pollution and environmental protection
comprehensive regime of law and order in the world's oceans and seas establishing rules governing
• Has exclusive right to construct artificial islands and security zones.
all uses of the oceans and their resources. It enshrines the notion that all problems of ocean space
• Has exclusive right to fishing and development of fish farms.
are closely interrelated and need to be addressed as a whole.
• Can conduct scientific research and marine exploration.
• The Convention comprises 320 articles and nine annexes, governing all aspects of ocean space,
• The obligation of vessels in an exclusive economic zone:
such as delimitation, environmental control, marine scientific research, economic and commercial
• Freedom of navigation as in high seas.
activities, transfer of technology and the settlement of disputes relating to ocean matters.
• Lay submarine cable/pipeline that is passing through EEZ.
• Brief History
• Observe Pollution regulations as per the coastal state regulations.
• UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th century: national
• Fishing gear if carried must be stored/secured condition. No fishing allowed.
rights were limited to a specified belt of water extending from a nation's coastlines, All waters
• Respect and comply with the security zones of the offshore installations, artificial islands of the
beyond national boundaries were considered international waters: free to all nations, but
coastal state.
belonging to none of them.
• High seas
• In the early 20th century, some nations expressed their desire to extend national claims: to include
• High Seas represents all that sea area which is not capable of forming part of any sovereign state
mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls.
and are not included in the Exclusive Economic Zone, the territorial waters or internal waters of a
• In 1945, President Harry S Truman, responding in part to pressure from domestic oil interests,
coastal state or the archipelagic waters o the Archipelagic state.
unilaterally extended United States jurisdiction over all natural resources on that nation's
• The High Seas are open to all states whether coastal or landlocked.
continental shelf - oil, gas, minerals, etc., Other nations were quick to follow suit.
• Freedom on the high seas is exercised under the conditions laid down by the convention and by
• In the late 1960s, oil exploration was moving further and further from land, deeper and deeper
other rules.
into the bedrock of continental margins.
• Under high Seas for both coastal and landlocked States:
• late 1967 the tranquility of the sea was slowly being disrupted by technological breakthroughs,
• Freedom of navigation.
accelerating and multiplying uses, and a super-Power rivalry that stood poised to enter man's last
• Freedom of overflight.
preserve - the seabed.
• Freedom of laying submarine cables and pipelines.
• These were some of the factors that led to the convening of the Third United Nations Conference
• Freedom to construct artificial islands and other installations permitted under international law.
on the Law of the Sea, to write a comprehensive treaty for the oceans. The Conference was
• Freedom of fishing, subject to the conditions.
convened in New York in 1973. It ended nine years later with the adoption in 1982 of a constitution
• Freedom of scientific research.
for the seas - the United Nations Convention on the Law of the Sea.
• The high seas shall be reserved for peaceful purposes.
• Objectives of the UNCLOS
• Internal Waters Art 1 Sec 1 of the Constitution
• To promote the peaceful use of the seas and oceans;
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,
• To facilitate International Communications;
and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
• To enable equitable and efficient utilization of ocean resources;
fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other
• To protect and preserve the marine environment;
submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of
• To promote Maritime safety.
their breadth and dimensions, form part of the internal waters of the Philippines.
• Features of Territorial Sea
• Highlights of the China-Ph dispute over
• The foreign flag would have a right to innocent passage through the territorial waters.
(1)Historic Rights and the ‘Nine-Dash Line’:
• An innocent passage can be suspended temporarily in specified areas for the coastal States
• The Tribunal concluded that, to the extent China had historic rights to resources in the waters of
security or to conduct a weapon exercise.
the South China Sea, such rights were extinguished to the extent they were incompatible with the
• Criminal jurisdiction can be exercised by the coastal state on foreign flag vessels in a territorial sea.
exclusive economic zones provided for in the Convention.
• The Tribunal also noted that, although 2 Chinese navigators and fishermen, as well as those of
• Transit passage is allowed for Ship through the state.
other States, had historically made use of the islands in the South China Sea, there was no
• States may enact legislation concerning the safety of navigation, pollution prevention, uncontrolled
evidence that China had historically exercised exclusive control over the waters or their resources.
fishing activities, customs, immigration, health and sanitary arrangements.
• The Tribunal concluded that there was no legal basis for China to claim historic rights to resources
within the sea areas falling within the ‘nine-dash line’.
• Normal Baseline
• Highlights of the China-Ph dispute over
• Straight Baseline
(2)Status of Features:
• Contiguous zone
• The Tribunal noted that the reefs have been heavily modified by land reclamation and
• Contiguous zone generally extends 12 nautical miles beyond the territorial sea limit. It consists of a
construction, recalled that the Convention classifies features on their natural condition, and relied
combination of Revenue and Public health or Quarantine jurisdiction.
on historical materials in evaluating the features.
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 • The Tribunal found historical evidence to be more relevant and noted that the Spratly Islands were ACT OR OMMISION, THE ENVIRONMENTAL DAMAGE of such magnitude as to prejudice the life,
historically used by small groups of fishermen and that several Japanese fishing and guano mining health, or property of inhabitants of two or more cities or provinces
enterprises were attempted. • All relevant and material evidence (affidavits of witnesses, documentary evidence, scientific or
• The Tribunal concluded that such transient use does not constitute inhabitation by a stable other expert studies, object evidence)
community and that all of the historical economic activity had been extractive. Accordingly, the • certification of petitioner under oath
Tribunal concluded that none of the Spratly Islands is capable of generating extended maritime • Reliefs prayed for including a prayer for issuance of TEPO (Temporary Environmental Protection
zones. The Tribunal also held that the Spratly Islands cannot generate maritime zones collectively order)
as a unit. Having found that none of the features claimed by China was capable of generating an
exclusive economic zone, the Tribunal found that it could—without delimiting a boundary— WHERE TO FILE
declare that certain sea areas are within the exclusive economic zone of the Philippines, because • SUPREME COURT
those areas are not overlapped by any possible entitlement of China. • COURT OF APPEALS
• Highlights of the China-Ph dispute over
(3)Lawfulness of Chinese Actions: ISSUANCE OF THE WRIT
• Having found that certain areas are within the exclusive economic zone of the Philippines, the • WITHIN 3 days upon filing of the petition
Tribunal found that China had violated the Philippines’ sovereign rights in its exclusive economic • SHALL BE Served to the respondent by a court officer or any person deputized by the court
zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial • Within a non-extendible period of 10 days after service of the writ, respondent shall file a verified
islands and (c) failing to prevent Chinese fishermen from fishing in the zone. return containing all defenses
• The Tribunal also held that fishermen from the Philippines (like those from China) had traditional • In case respondent fails to file a return, the court shall proceed to hear the petition ex parte
fishing rights at Scarborough Shoal and that China had interfered with these rights in restricting
access. PRELIMINARY CONFERENCE AND HEARING
• The Tribunal further held that Chinese law enforcement vessels had unlawfully created a serious • upon receipt of the return of the respondent, court may call a preliminary conference to simplify
risk of collision when they physically obstructed Philippine vessels. issues, determine the possibility of obtaining stipulations or admissions from the parties, and set
• Highlights of the China-Ph dispute over the petition for hearing
(4)Harm to Marine Environment: • Hearing including the Preliminary conference shall not extend beyond 60 days
• The Tribunal considered the effect on the marine environment of China’s recent large-scale land
reclamation and construction of artificial islands at seven features in the Spratly Islands and found PROHIBITED PLEADINGS AND MOTIONS
that China had caused severe harm to the coral reef environment and violated its obligation to • Motion to dismiss
preserve and protect fragile ecosystems and the habitat of depleted, threatened, or endangered • motion for extension of time to file a return
species. • MOTION for postponement
• The Tribunal also found that Chinese authorities were aware that Chinese fishermen have • Motion for a bill of particulars
harvested endangered sea turtles, coral, and giant clams on a substantial scale in the South China • Counterclaim or cross claim
Sea (using methods that inflict severe damage on the coral reef environment) and had not fulfilled • Third-party complaint
their obligations to stop such activities • Reply
• Highlights of the China-Ph dispute over • Motion to declare respondent in default
(5)Aggravation of Dispute:
• Finally, the Tribunal considered whether China’s actions since the commencement of the DISCOVERY MEASURES
arbitration had aggravated the dispute between the Parties. a party may file a verified motion for the following reliefs:
• The Tribunal found that it lacked jurisdiction to consider the implications of a stand-off between • Ocular inspection order
Philippine marines and Chinese naval and law enforcement vessels at Second Thomas Shoal, - place/s to be inspected
holding that this dispute involved military activities and was therefore excluded from compulsory - shall be supported by affidavits of witnesses having personal knowledge of the violation or
settlement. threatened violation of environmental law
• The Tribunal found, however, that China’s recent large-scale land reclamation and construction of - after hearing, court may order owner of land or property to permit entry for inspection or
artificial islands was incompatible with the obligations on a State during dispute resolution photograph
proceedings, insofar as China has inflicted irreparable harm to the marine environment, built a - the order shall specify person/s authorize to make the inspection
large artificial island in the Philippines’ exclusive economic zone, and destroyed evidence of the - date, time, place, and manner of making the inspection
natural condition of features in the South China Sea that formed part of the Parties’ dispute. - other conditions to protect the constitutional rights of all parties

a party may file a verified motion for the following reliefs:

IX. WRIT OF KALIKASAN • Production or inspection of documents or things
- -after hearing, court may order any person in possession, custody, or control of any
CONTENTS of PETITION
designated documents, papers, books, accounts, letters, photographs, objects (TANGIBLE,
• Personal circumstances of petitioner
ELECTRONIC, or DIGITIZED) to produce and permit their inspection, copying, or
• Personal circumstances of RESPONDENT
photographing by the MOVANT
• THE ENVIRONMENTAL LAW, RULE, or REGULATION VIOLATED OR THREATENED to BE VIOLATED,
- -the order shall specify person/s authorize to make the inspection
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 - date, time, place, and manner of making the inspection
- - other conditions to protect the constitutional rights of all parties

CONTEMPT
• AFTER HEARING, THE COURT MAY PUNISH THE RESPONDENT WHO REFUSES OR UNDULY DELAYS
THE FILING OF THE RETURN, OR MAKES A FALSE RETURN, OR ANY PERSON WHO DISOBEYS OR
RESISTS THE LAWFUL PROCESS OR ORDER OF THE COURT FOR INDIRECT CONTEMPT
SUBMISSION FOR DECISION; MEMORANDA
• AFTER HEARING, THE COURT SHALL ISSUE AN ORDER SUBMITTING THE CASE FOR DECISION. THE
COURT MAY REQUIRE THE FILING OF MEMORANDA AND, IF POSSIBLE, IN ITS ELECTRONIC FORM,
WITHIN A NON-EXTENDIBLE PERIOD OF 30 DAYS FROM THE DATE THE PETITION IS SUBMITTED FOR
DECISION.
RELIEFS UPON JUDGMENT
• WITHIN 60 DAYS FROM THE TIME THE PETITION IS SUBMITTED FOR DECISION, THE COURT SHALL
RENDER JUDGMENT GRANTING OR DENYING THE PRIVILEGE OF THE WRIT OF KALIKASAN.
The Reliefs that may be granted under the writ are the following:
• Directing the respondent to permanently cease and desist from committing acts or neglecting the
performance of a duty in violation of environmental laws resulting in environmental destruction or
damage;
• Directing the respondent public official, government agency, private person or entity, to protect,
preserve, rehabilitate, or restore the environment
• Directing the respondent public official, government agency, private person or entity, to monitor
STRICT COMPLIANCE with the decision and orders of the court;
• Directing the respondent public official, government agency, private person or entity, to make
periodic reports on the execution of the final judgment; and
• Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to
the protection, preservation, rehabilitation, or restoration of the environment, except the award of
damages to individual petitioners.

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